By:  Rabuck                                            H.B. No. 191
       73R266 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of going with a prohibited weapon within
    1-3  1,000 feet of a school or other educational institution.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 46.04, Penal Code, is amended by amending
    1-6  Subsection (a) and adding Subsection (d) to read as follows:
    1-7        (a)  A person commits an offense if, with a firearm, illegal
    1-8  knife, or prohibited weapon listed in Section 46.06(a) of this
    1-9  code, he intentionally, knowingly, or recklessly goes:
   1-10              (1)  on the premises of a school or an educational
   1-11  institution, whether public or private, or on public property
   1-12  within 1,000 feet of the school or institution, unless pursuant to
   1-13  written regulations or written authorization of the institution or
   1-14  school;
   1-15              (2)  on the premises of a polling place on the day of
   1-16  an election or while early voting is in progress;
   1-17              (3)  in any government court or offices utilized by the
   1-18  court, unless pursuant to written regulations or written
   1-19  authorization of the court; or
   1-20              (4)  on the premises of a racetrack.
   1-21        (d)  It is a defense to prosecution under Subsection (a)(1)
   1-22  of this section that:
   1-23              (1)  the actor was in a motor vehicle on a public road
   1-24  not on the premises of a school or educational institution; and
    2-1              (2)  the firearm was unloaded and in a locked
    2-2  container, locked gun rack, or otherwise not easily accessible to
    2-3  the actor while in the vehicle.
    2-4        SECTION 2.  (a)  The change in law made by this Act applies
    2-5  only to an offense committed on or after the effective date of this
    2-6  Act.  For purposes of this section, an offense is committed before
    2-7  the effective date of this Act if any element of the offense occurs
    2-8  before the effective date.
    2-9        (b)  An offense committed before the effective date of this
   2-10  Act is covered by the law in effect when the offense was committed,
   2-11  and the former law is continued in effect for this purpose.
   2-12        SECTION 3.  This Act takes effect September 1, 1993.
   2-13        SECTION 4.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency   and   an   imperative   public   necessity   that   the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.