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.