By Jonesof Dallas                                      H.B. No. 579
       74R229 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of an offense for the possession of
    1-3  certain weapons in a school zone.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 46.03(a), Penal Code, is amended to read
    1-6  as follows:
    1-7        (a)  A person commits an offense if, with a firearm, illegal
    1-8  knife, club, or prohibited weapon listed in Section 46.05(a), he
    1-9  intentionally, knowingly, or recklessly goes:
   1-10              (1)  on <the physical premises of a school, an
   1-11  educational institution, or> a passenger transportation vehicle of
   1-12  a school or an educational institution, whether the school or
   1-13  educational institution is public or private, unless pursuant to
   1-14  written 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;
   1-20              (4)  on the premises of a racetrack; or
   1-21              (5)  into a secured area of an airport.
   1-22        SECTION 2.  Chapter 46, Penal Code, is amended by adding
   1-23  Section 46.11 to read as follows:
   1-24        Sec. 46.11.  CERTAIN WEAPONS IN SCHOOL ZONE.  (a)  In this
    2-1  section:
    2-2              (1)  "Institution of higher education" has the meaning
    2-3  assigned by Section 481.134, Health and Safety Code.
    2-4              (2)  "School" has the meaning assigned by Section
    2-5  481.134, Health and Safety Code.
    2-6              (3)  "School zone" means in, on, or within 1,000 feet
    2-7  of premises owned, rented, or leased by a school or an institution
    2-8  of higher education.
    2-9        (b)  A person commits an offense if the person possesses a
   2-10  firearm, illegal knife, club, or prohibited weapon listed in
   2-11  Section 46.05(a) in a school zone.
   2-12        (c)  It is a defense to prosecution under Subsection (b)
   2-13  that:
   2-14              (1)  the actor possessed the firearm or club:
   2-15                    (A)  on private property not part of premises
   2-16  owned, rented, or leased by a school or an institution of higher
   2-17  education;
   2-18                    (B)  for use in a program approved by a school or
   2-19  an institution of higher education;
   2-20                    (C)  in accordance with a contract entered into
   2-21  between a school or an institution of higher education and the
   2-22  actor or an employer of the actor; or
   2-23                    (D)  in the actor's official capacity as a peace
   2-24  officer; or
   2-25              (2)  the firearm was:
   2-26                    (A)  not loaded and was in a locked container or
   2-27  on a locked firearms rack in a motor vehicle; or
    3-1                    (B)  not loaded and the actor possessed the
    3-2  firearm while traversing premises owned, rented, or leased by a
    3-3  school or an institution of higher education with the permission of
    3-4  the school or institution for the purpose of gaining access to
    3-5  public or private lands open to hunting.
    3-6        (d)  An offense under this section is a felony of the third
    3-7  degree.
    3-8        SECTION 3.  (a)  The change in law made by this Act applies
    3-9  only to an offense committed on or after the effective date of this
   3-10  Act.  For purposes of this section, an offense is committed before
   3-11  the effective date of this Act if any element of the offense occurs
   3-12  before the effective date.
   3-13        (b)  An offense committed before the effective date of this
   3-14  Act is covered by the law in effect when the offense was committed,
   3-15  and the former law is continued in effect for that purpose.
   3-16        SECTION 4.  This Act takes effect September 1, 1995.
   3-17        SECTION 5.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended.