By Keel                                          H.B. No. 702

      75R4202 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain technical corrections to the Penal Code.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 46.03(b) and (d), Penal Code, are

 1-5     amended to read as follows:

 1-6           (b)  It is a defense to prosecution under Subsections

 1-7     (a)(1)-(4) that the actor possessed a firearm while in the actual

 1-8     discharge of his official duties as a [peace officer or a] member

 1-9     of the armed forces or national guard or a guard employed by a

1-10     penal institution, or an officer of the court.

1-11           (d)  It is a defense to prosecution under Subsection (a)(5)

1-12     that the actor possessed a firearm or club while traveling to or

1-13     from the actor's place of assignment or in the actual discharge of

1-14     duties as:

1-15                 (1)  a member of the armed forces or national guard;

1-16                 (2)  a guard employed by a penal institution;  or

1-17                 (3)  a security officer commissioned by the Texas Board

1-18     of Private Investigators and Private Security Agencies if:

1-19                       (A)  the actor is wearing a distinctive uniform;

1-20     and

1-21                       (B)  the firearm or club is in plain view; or

1-22                 (4) [(5)]  a security officer who holds a personal

1-23     protection authorization under the Private Investigators and

1-24     Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

 2-1     Civil Statutes).

 2-2           SECTION 2.  The section heading to Section 49.03, Penal Code,

 2-3     is amended to read as follows:

 2-4           Sec. 49.03. CONSUMPTION [OR POSSESSION] OF ALCOHOLIC BEVERAGE

 2-5     IN MOTOR VEHICLE.

 2-6           SECTION 3.  Section 71.02(b), Penal Code, as amended by

 2-7     Chapters 761 and 900, Acts of the 73rd Legislature, Regular

 2-8     Session, 1993, is reenacted and amended to read as follows:

 2-9           (b)  Except as provided in Subsections (c) and (d) [of this

2-10     section], an offense under this section is one category higher than

2-11     the most serious offense listed in [Subdivisions (1) through (10)

2-12     of] Subsection (a) [of this section] that was committed,  and if

2-13     the most serious offense is a Class A misdemeanor, the offense is a

2-14     state jail felony [felony of the third degree], except that if the

2-15     most serious offense is a felony of the first degree, the  offense

2-16     is a felony of the first degree.

2-17           SECTION 4.  Section 71.02(c), Penal Code, as amended by

2-18     Chapters 761 and 900, Acts of the 73rd Legislature, Regular

2-19     Session, 1993, is reenacted and amended to read as follows:

2-20           (c)  Conspiring to commit an offense under this section is of

2-21     the same degree as the most serious offense listed in [Subdivisions

2-22     (1) through (10) of] Subsection (a) [of this section]  that the

2-23     person conspired to commit.

2-24           SECTION 5.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended,

 3-2     and that this Act take effect and be in force from and after its

 3-3     passage, and it is so enacted.