1-1 By: Brown, Madla S.B. No. 840
1-2 (In the Senate - Filed March 1, 1995; March 1, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 2, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; May 2, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 840 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation of an offense for the possession of
1-11 certain weapons in a school zone and to places where weapons are
1-12 prohibited.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 46.03, Penal Code, is amended to read as
1-15 follows:
1-16 Sec. 46.03. Places Weapons Prohibited. (a) A person
1-17 commits an offense if, with a firearm, illegal knife, club, or
1-18 prohibited weapon listed in Section 46.05(a), he intentionally,
1-19 knowingly, or recklessly goes:
1-20 (1) on the physical premises of a school, an
1-21 <educational> institution of higher education, or on a passenger
1-22 transportation vehicle of a school or <an educational> institution
1-23 of higher education, whether the school or <educational>
1-24 institution is public or private, unless pursuant to written
1-25 regulations or written authorization of the institution or on a
1-26 premises:
1-27 (A) where an official school function is taking
1-28 place;
1-29 (B) where an event sponsored or sanctioned by
1-30 the University Interscholastic League is taking place; or
1-31 (C) within 1,000 feet of the physical premises
1-32 of a school;
1-33 (2) on the premises of a polling place on the day of
1-34 an election or while early voting is in progress;
1-35 (3) in any government court or offices utilized by the
1-36 court, unless pursuant to written regulations or written
1-37 authorization of the court;
1-38 (4) on the premises of a racetrack; or
1-39 (5) into a secured area of an airport.
1-40 (b) It is a defense to prosecution under Subsections
1-41 (a)(1)-(4) that the actor possessed a firearm while in the actual
1-42 discharge of his official duties as a peace officer or a member of
1-43 the armed forces or national guard or a guard employed by a penal
1-44 institution, or an officer of the court.
1-45 (c) In this section:
1-46 (1) "Institution of higher education" has the meaning
1-47 assigned by Section 481.134, Health and Safety Code.
1-48 (2) "School" has the meaning assigned by Section
1-49 481.134, Health and Safety Code.
1-50 (3) "Secured <"secured> area" means an area of an
1-51 airport terminal building to which access is controlled by the
1-52 inspection of persons and property under federal law.
1-53 (d) It is a defense to prosecution under Subsection (a)(5)
1-54 that the actor possessed a firearm or club while traveling to or
1-55 from the actor's place of assignment or in the actual discharge of
1-56 duties as:
1-57 (1) a peace officer;
1-58 (2) a member of the armed forces or national guard;
1-59 (3) a guard employed by a penal institution; or
1-60 (4) a security officer commissioned by the Texas Board
1-61 of Private Investigators and Private Security Agencies if:
1-62 (A) the actor is wearing a distinctive uniform;
1-63 and
1-64 (B) the firearm or club is in plain view.
1-65 (e) It is a defense to prosecution under Subsection (a)(5)
1-66 that the actor checked all firearms as baggage in accordance with
1-67 federal or state law or regulations before entering a secured area.
1-68 (f) It is a defense to prosecution under Subsection
2-1 (a)(1)(C) that:
2-2 (1) the actor possessed the firearm or club:
2-3 (A) on private property not part of the premises
2-4 of a school;
2-5 (B) for use in a program approved by a school;
2-6 (C) in accordance with a contract entered into
2-7 between a school and the actor or an employer of the actor; or
2-8 (D) while traveling to or from the actor's place
2-9 of assignment or in the actual discharge of duties as a member of
2-10 the armed forces or national guard;
2-11 (2) the firearm was:
2-12 (A) not loaded; and
2-13 (B) in a locked container or on a locked
2-14 firearms rack in a motor vehicle;
2-15 (3) the actor possessed the firearm or club and was a
2-16 peace officer; or
2-17 (4) the actor possessed a concealed handgun and was
2-18 licensed to carry the handgun under Article 4413(29ee), Revised
2-19 Statutes.
2-20 (g) An offense under this section is a third degree felony.
2-21 SECTION 2. The change in law made by this Act applies only
2-22 to an offense committed on or after the effective date of this Act.
2-23 For purposes of this section, an offense is committed before the
2-24 effective date of this Act if any element of the offense occurs
2-25 before the effective date.
2-26 SECTION 3. An offense committed before the effective date of
2-27 this Act is covered by the law in effect when the offense was
2-28 committed, and the former law is continued in effect for that
2-29 purpose.
2-30 SECTION 4. This Act takes effect September 1, 1995.
2-31 SECTION 5. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *