By Moffat H.B. No. 2328
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminalization of conduct involving the possession
1-3 of weapons within certain proximity to school and governmental
1-4 offices.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 46.03, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 46.03. Places Weapons Prohibited. (a) A person
1-9 commits an offense if, with a firearm, illegal knife, club, or
1-10 prohibited weapon listed in Section 46.05(a) he intentionally,
1-11 knowingly, or recklessly goes<:> within 1,000 feet of:
1-12 (1) <on> the physical premises of a school, an
1-13 educational institution, passenger transportation vehicle of a
1-14 school or an education institution, whether the school or
1-15 educational institution is public or private, unless pursuant to
1-16 written regulations or written authorization of the institution;
1-17 (2) on the premises of a polling place on the day of
1-18 an election or while early voting is in progress;
1-19 (3) in any government court or offices utilized by the
1-20 court, unless pursuant to written regulations or written
1-21 authorization of the court;
1-22 (4) on the premises of a racetrack; or
1-23 (5) into a secured area of an airport.
2-1 (b) It is a defense to prosecution under Subsections
2-2 (a)(1)-(4) that the actor possessed a firearm while in the actual
2-3 discharge of his official duties as a peace officer or a member of
2-4 the armed forces or national guard or a guard employed by a penal
2-5 institution, or an officer of the court.
2-6 (c) In this section "secured area" means an area of an
2-7 airport terminal building to which access is controlled by the
2-8 inspection of persons and property under federal law.
2-9 (d) It is a defense to prosecution under Subsection (a)(5)
2-10 that the actor possessed a firearm or club while traveling to or
2-11 from, the actor's place of assignment or in the actual discharge of
2-12 duties as:
2-13 (1) a peace officer;
2-14 (2) a member of the armed forces or national guard;
2-15 (3) a guard employed by a penal institution; or
2-16 (4) a security officer commissioned by the Texas Board
2-17 of Private Investigators and Private Security Agencies if:
2-18 (A) the actor is wearing a distinctive uniform;
2-19 and
2-20 (B) the firearm or club is in plain view.
2-21 (e) It is a defense to prosecution, under Subsection (a)(5)
2-22 that the actor checked all firearms as a baggage in accordance with
2-23 federal or state law or regulations before entering a secured area.
2-24 (f) An offense under this section is a third degree felony.
2-25 SECTION 2. (a) The change in the law made by this Act
3-1 applies only to an offense committed on or after the effective date
3-2 of this Act. For purposes of this section, an offense is committed
3-3 before the effective date of this Act if any element of the offense
3-4 occurs before the effective date.
3-5 (b) An offense committed before the effective date of this
3-6 Act is covered by the law in effect when the offense was committed,
3-7 and the former law is continued in effect for this purpose.
3-8 SECTION 3. This Act takes effect ______________, 19__.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.