By Brown S.B. No. 840
74R6330 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. Sections 46.03(a) and (c), Penal Code, are
1-6 amended to read 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 of higher education<,> or on a passenger
1-12 transportation vehicle of a school or <an educational> institution
1-13 of higher education, whether the school or <educational>
1-14 institution is public or private, unless pursuant to written
1-15 regulations or written authorization of the institution;
1-16 (2) on the premises of a polling place on the day of
1-17 an election or while early voting is in progress;
1-18 (3) in any government court or offices utilized by the
1-19 court, unless pursuant to written regulations or written
1-20 authorization of the court;
1-21 (4) on the premises of a racetrack; or
1-22 (5) into a secured area of an airport.
1-23 (c) In this section:
1-24 (1) "Institution of higher education" has the meaning
2-1 assigned by Section 481.134, Health and Safety Code.
2-2 (2) "School" has the meaning assigned by Section
2-3 481.134, Health and Safety Code.
2-4 (3) "Secured <"secured> area" means an area of an
2-5 airport terminal building to which access is controlled by the
2-6 inspection of persons and property under federal law.
2-7 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-8 Section 46.11 to read as follows:
2-9 Sec. 46.11. CERTAIN WEAPONS IN SCHOOL ZONE. (a) In this
2-10 section:
2-11 (1) "School" has the meaning assigned by Section
2-12 481.134, Health and Safety Code.
2-13 (2) "School zone" means in, on, or within 1,000 feet
2-14 of the premises of a school.
2-15 (b) A person commits an offense if the person possesses a
2-16 firearm, illegal knife, club, or prohibited weapon listed in
2-17 Section 46.05(a) in a school zone.
2-18 (c) It is a defense to prosecution under Subsection (b)
2-19 that:
2-20 (1) the actor possessed the firearm or club:
2-21 (A) on private property not part of the premises
2-22 of a school;
2-23 (B) for use in a program approved by a school;
2-24 (C) in accordance with a contract entered into
2-25 between a school and the actor or an employer of the actor;
2-26 (D) in the actor's official capacity as a peace
2-27 officer; or
3-1 (E) while traveling to or from the actor's place
3-2 of assignment or in the actual discharge of duties as a member of
3-3 the armed forces or national guard; or
3-4 (2) the firearm was:
3-5 (A) not loaded; and
3-6 (B) in a locked container or on a locked
3-7 firearms rack in a motor vehicle.
3-8 (d) An offense under this section is a felony of the third
3-9 degree.
3-10 SECTION 3. (a) The change in law made by this Act applies
3-11 only to an offense committed on or after the effective date of this
3-12 Act. For purposes of this section, an offense is committed before
3-13 the effective date of this Act if any element of the offense occurs
3-14 before the effective date.
3-15 (b) An offense committed before the effective date of this
3-16 Act is covered by the law in effect when the offense was committed,
3-17 and the former law is continued in effect for that purpose.
3-18 SECTION 4. This Act takes effect September 1, 1995.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.