By: Brown, Madla, West S.B. No. 840
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of an offense for the possession of
1-2 certain weapons in a school zone and to places where weapons are
1-3 prohibited.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.03, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 46.03. Places Weapons Prohibited. (a) A person
1-8 commits an offense if, with a firearm, illegal knife, club, or
1-9 prohibited weapon listed in Section 46.05(a), he intentionally,
1-10 knowingly, or recklessly goes:
1-11 (1) on the physical premises of a school, an
1-12 <educational> institution of higher education, or on a passenger
1-13 transportation vehicle of a school or <an educational> institution
1-14 of higher education, whether the school or <educational>
1-15 institution is public or private, unless pursuant to written
1-16 regulations or written authorization of the institution or on a
1-17 premises:
1-18 (A) where an official school function is taking
1-19 place;
1-20 (B) where an event sponsored or sanctioned by
1-21 the University Interscholastic League is taking place; or
1-22 (C) within 1,000 feet of the physical premises
1-23 of a school;
1-24 (2) on the premises of a polling place on the day of
2-1 an election or while early voting is in progress;
2-2 (3) in any government court or offices utilized by the
2-3 court, unless pursuant to written regulations or written
2-4 authorization of the court;
2-5 (4) on the premises of a racetrack; or
2-6 (5) into a secured area of an airport.
2-7 (b) It is a defense to prosecution under Subsections
2-8 (a)(1)-(4) that the actor possessed a firearm while in the actual
2-9 discharge of his official duties as a peace officer or a member of
2-10 the armed forces or national guard or a guard employed by a penal
2-11 institution, or an officer of the court.
2-12 (c) In this section:
2-13 (1) "Institution of higher education" has the meaning
2-14 assigned by Section 481.134, Health and Safety Code.
2-15 (2) "School" has the meaning assigned by Section
2-16 481.134, Health and Safety Code.
2-17 (3) "Secured <"secured> area" means an area of an
2-18 airport terminal building to which access is controlled by the
2-19 inspection of persons and property under federal law.
2-20 (d) It is a defense to prosecution under Subsection (a)(5)
2-21 that the actor possessed a firearm or club while traveling to or
2-22 from the actor's place of assignment or in the actual discharge of
2-23 duties as:
2-24 (1) a peace officer;
2-25 (2) a member of the armed forces or national guard;
2-26 (3) a guard employed by a penal institution; or
2-27 (4) a security officer commissioned by the Texas Board
3-1 of Private Investigators and Private Security Agencies if:
3-2 (A) the actor is wearing a distinctive uniform;
3-3 and
3-4 (B) the firearm or club is in plain view.
3-5 (e) It is a defense to prosecution under Subsection (a)(5)
3-6 that the actor checked all firearms as baggage in accordance with
3-7 federal or state law or regulations before entering a secured area.
3-8 (f) It is a defense to prosecution under Subsection
3-9 (a)(1)(C) that:
3-10 (1) the actor possessed the firearm or club:
3-11 (A) on private property not part of the premises
3-12 of a school;
3-13 (B) for use in a program approved by a school;
3-14 (C) in accordance with a contract entered into
3-15 between a school and the actor or an employer of the actor; or
3-16 (D) while traveling to or from the actor's place
3-17 of assignment or in the actual discharge of duties as a member of
3-18 the armed forces or national guard;
3-19 (2) the firearm was:
3-20 (A) not loaded; and
3-21 (B) in a locked container or on a locked
3-22 firearms rack in a motor vehicle;
3-23 (3) the actor possessed the firearm or club and was a
3-24 peace officer; or
3-25 (4) the actor possessed a concealed handgun and was
3-26 licensed to carry the handgun under Article 4413(29ee), Revised
3-27 Statutes.
4-1 (g) An offense under this section is a third degree felony.
4-2 SECTION 2. The change in law made by this Act applies only
4-3 to an offense committed on or after the effective date of this Act.
4-4 For purposes of this section, an offense is committed before the
4-5 effective date of this Act if any element of the offense occurs
4-6 before the effective date.
4-7 SECTION 3. An offense committed before the effective date of
4-8 this Act is covered by the law in effect when the offense was
4-9 committed, and the former law is continued in effect for that
4-10 purpose.
4-11 SECTION 4. This Act takes effect September 1, 1995.
4-12 SECTION 5. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.