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.