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.