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.