School Safety Law Toolkit

House Bill 1760

Effective Date: September 1, 2023

Penal Code 46.03(a)(1) is amended to include postsecondary educational institutions and now reads: “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: …” [previous code exemptions remain but are expanded to include schools and postsecondary educational institutions per subpoint (a)].

HB 1760 also amends Penal Code 46.03(c) by adding subdivision (3-a) that reads: “'Postsecondary educational institution' means an institution of higher education or a private or independent institution of higher education,” and subdivision (4-a) that reads: “'School' means an accredited primary or secondary school.”