By:  Hernandez                                         H.B. No. 636
       73R3221 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of going on a school bus with a knife or
    1-3  other weapon and the offense of possession of a knife on school
    1-4  grounds.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 46.04, Penal Code, is amended to read as
    1-7  follows:
    1-8        Sec. 46.04.  PLACES WEAPONS PROHIBITED.  (a)  A person
    1-9  commits an offense if, with a firearm, illegal knife, or prohibited
   1-10  weapon listed in Section 46.06(a) of this code, he intentionally,
   1-11  knowingly, or recklessly goes:
   1-12              (1)  on the premises of a school or an educational
   1-13  institution, whether public or private, unless pursuant to written
   1-14  regulations or written authorization of the institution;
   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; or
   1-21              (5)  on a school bus, whether public or private.
   1-22        (b)  A person commits an offense if, with a knife, other than
   1-23  an illegal knife, that has a blade more than 3-1/2 inches long or
   1-24  that is a lock-blade folding knife, the person intentionally,
    2-1  knowingly, or recklessly goes on a school bus, whether public or
    2-2  private, or on the premises of a school or an educational
    2-3  institution, whether public or private, unless pursuant to written
    2-4  regulations or written authorization of the institution.
    2-5        (c)  It is a defense to prosecution that the actor possessed
    2-6  a firearm under Subsection (a) of this section while in the actual
    2-7  discharge of his official duties as a peace officer or a member of
    2-8  the armed forces or national guard or a guard employed by a penal
    2-9  institution, or an officer of the court.  It is a defense to
   2-10  prosecution that the actor possessed the knife under Subsection (b)
   2-11  of this section while using the knife as an eating utensil or as a
   2-12  tool in a mechanical craft.
   2-13        (d) <(c)>  An offense under Subsection (a) of this section is
   2-14  a third degree felony.  An offense under Subsection (b) of this
   2-15  section is a Class B misdemeanor.
   2-16        SECTION 2.  This Act takes effect September 1, 1993.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.