Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:
(1) exhibits or uses a firearm:
(A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school;
(2) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B) and was in possession of or had immediate access to the firearm; or
(3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B).
(b) An offense under Subsection (a)(1) or (2) is a third degree felony.
(c) An offense under Subsection (a)(3) is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 704 (H.B. 2112), Sec. 1, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 795 (H.B. 2880), Sec. 1, eff. September 1, 2017.
Notes of Decisions
Cited in
9
cases, 2006–2019 · leading case:
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
· cites it 4× “54(d); TEX. EDUC.CODE § 37.125(b); TEX. ELEC.CODE § 253.”
State v. DeLay, 208 S.W.3d 603 (Tex. App. 2006).
“54 (d) (West 2002); Tex. Educ.Code Ann. § 37.125(b) (West 1996); Tex.”
In re R.D., 486 S.W.3d 130 (Tex. App. 2016).
· cites it 3× “Tex. Educ.Code Ann. § 37.125(a) (West 2007).”
in the Matter of R.D. (Tex. App. 2016).
· cites it 2× “07 (West 2011) (terroristic threat) with Tex. Educ. Code Ann. § 37.125 (a) (exhibition of firearm by threat).”
in the Matter of E. B. S., a Child (Tex. App. 2019).
· cites it 2× “Analysis The version of Texas Education Code section 37.125 that applied to appellant’s offense provided, in pertinent part, as follows: (a) A person commits an offense if, in a manner intended to cause alarm .”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018).
“TEX. EDUC. CODE § 37.125(a). Election judges carrying a handgun to a polling location at a school should consider this provision when deciding how they will carry.”
— Tex. Educ. Code § 37.125(a) — 3 cases
In re R.D., 486 S.W.3d 130 (Tex. App. 2016).
“Tex. Educ.Code Ann. § 37.125(a) (West 2007).”
in the Matter of R.D. (Tex. App. 2016).
“07 (West 2011) (terroristic threat) with Tex. Educ. Code Ann. § 37.125 (a) (exhibition of firearm by threat).”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018).
“TEX. EDUC. CODE § 37.125(a). Election judges carrying a handgun to a polling location at a school should consider this provision when deciding how they will carry.”
— Tex. Educ. Code § 37.125(a)(1) — 1 case
in the Matter of E. B. S., a Child (Tex. App. 2019).
“Analysis The version of Texas Education Code section 37.125 that applied to appellant’s offense provided, in pertinent part, as follows: (a) A person commits an offense if, in a manner intended to cause alarm .”
— Tex. Educ. Code § 37.125(b) — 3 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
“54(d); TEX. EDUC.CODE § 37.125(b); TEX. ELEC.CODE § 253.”
State v. DeLay, 208 S.W.3d 603 (Tex. App. 2006).
“54 (d) (West 2002); Tex. Educ.Code Ann. § 37.125(b) (West 1996); Tex.”
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treatment. Dots show Syfertize treatment of the citing case itself.