Bill Text: TX HB1040 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to the prosecution of the offense of possessing or carrying certain weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-11-12 - Filed [HB1040 Detail]

Download: Texas-2025-HB1040-Introduced.html

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89R1525 LHC-D
By: Turner H.B. No. 1040

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of possessing or
carrying certain weapons in certain facilities or residences
providing services to individuals with an intellectual disability
or a developmental disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Joshua's Act.
SECTION 2. Sections 46.03(a) and (g-2), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm,
location-restricted knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the premises of a school or postsecondary
educational institution, on any grounds or building owned by and
under the control of a school or postsecondary educational
institution and on which an activity sponsored by the school or
institution is being conducted, or in a passenger transportation
vehicle of a school or postsecondary educational institution,
whether the school or postsecondary educational institution is
public or private, unless:
(A) pursuant to written regulations or written
authorization of the school or institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of a postsecondary educational
institution, on any grounds or building owned by and under the
control of the institution and on which an activity sponsored by the
institution is being conducted, or in a passenger transportation
vehicle of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport;
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited;
(7) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(8) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person is a participant in the event and a
firearm, location-restricted knife, club, or prohibited weapon
listed in Section 46.05(a) is used in the event;
(9) on the premises of a correctional facility;
(10) on the premises of a civil commitment facility;
(11) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person has written authorization of the hospital or nursing
facility administration, as appropriate;
(12) on the premises of a mental hospital, as defined
by Section 571.003, Health and Safety Code, unless the person has
written authorization of the mental hospital administration;
(13) in an amusement park; [or]
(14) in the room or rooms where a meeting of a
governmental entity is held, if the meeting is an open meeting
subject to Chapter 551, Government Code, and if the entity provided
notice as required by that chapter; or
(15) on the premises of:
(A) an intermediate care facility licensed under
Chapter 252, Health and Safety Code;
(B) a state supported living center, as defined
by Section 531.002, Health and Safety Code; or
(C) a group home or other residential facility
that is licensed by or operated under the authority of the Health
and Human Services Commission, including a group home or facility
licensed or operated under a Medicaid waiver program authorized
under Section 1915(c) of the Social Security Act (42 U.S.C. Section
1396n(c)), and that provides community-based residential care
services:
(i) to not more than four persons with an
intellectual disability or a developmental disability at any time;
and
(ii) at a residence other than the person's
home.
(g-2) An offense committed under Subsection (a)(8),
(a)(10), (a)(11), (a)(13), (a)(15), (a-2), (a-3), or (a-4) is a
Class A misdemeanor.
SECTION 3. Section 46.03(c), Penal Code, is amended by
adding Subdivisions (1-a) and (2-a) to read as follows:
(1-a) "Developmental disability" has the meaning
assigned by Section 614.001, Health and Safety Code.
(2-a) "Intellectual disability" has the meaning
assigned by Section 591.003, Health and Safety Code.
SECTION 4. Section 46.15(p), Penal Code, is amended to read
as follows:
(p) Sections 46.03(a)(7), (11), [and] (13), and (15) do not
apply if the actor:
(1) carries a handgun on the premises or other
property, as applicable;
(2) holds a license to carry a handgun issued under
Subchapter H, Chapter 411, Government Code; and
(3) was not given effective notice under Section 30.06
or 30.07 of this code or Section 411.204, Government Code, as
applicable.
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 6. This Act takes effect September 1, 2025.