Penal Code §46.03: Places Where Handguns Are Prohibited
Texas Penal Code §46.03 applies to both license and non-license holders.
- Section 46.03(a)(1) prohibits carrying on school grounds, unless authorized in writing by the institution or the person has an LTC and is carrying concealed on the premises of an institution of higher education.
- Section 46.03(a)(2) prohibits carrying at polling places on election day.
- Section 46.03(a)(3) prohibits carrying in court offices, unless authorized in writing.
- Section 46.03(a)(4) prohibits carrying at racetracks.
- Section 46.03(a)(5) prohibits carrying in the secured area of an airport.
- Section 46.03(a)(6) prohibits carrying within 1,000 feet of an execution (if notice received).
- Section 46.03(a)(7) prohibits carrying in a business that derives 51% or more of its income from the sale or service of alcoholic beverages for onsite consumption.
- Section 46.03(a)(8) prohibits carrying on the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place.
- Section 46.03(a)(9) prohibits carrying on the premises of a correctional facility.
- Section 46.03 (a)(10) prohibits carrying on the premises of a civil commitment facility.
- Section 46.03(a)(11) prohibits carrying on the premises of a hospital or nursing home if effective notice of prohibition is given per Penal Code Chapter 30 (unless the licensee has written authorization); such premises also are required to post notices under Texas Government Code §411.204.
- Section 46.03(a)(12) prohibits carrying 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.
- Section 46.03(a)(13) prohibits carrying in an amusement park (if effective notice of prohibition is given per Penal Code Chapter 30).
- Section 46.03(a)(14) prohibits carrying at a meeting of a governmental entity if the meeting is subject to the Texas Open Meetings Act per Government Code Chapter 551 and notice of the meeting was provided under the Open Meetings Act. As amended by HB 1927, Penal Code §46.15(b)(6), states that (a)(14) does not apply to LTC holders.
- Section 46.03(a-2) prohibits an LTC holder from carrying openly:
- On the premises of an institution of higher education or private or independent institution of higher education or…
- On any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of institution of higher education or private or independent institution of higher education.
- Section 46.03(a‐3) and (a‐4) prohibit LTC holders from carrying in locations on certain campuses where effective notice was given under Penal Code §30.06.