By King of Parker                                      H.B. No. 905
         76R4329 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possession or carrying of weapons on certain
 1-3     premises associated with a school or educational institution;
 1-4     providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 46.03(c) and (f), Penal Code, are
 1-7     amended to read as follows:
 1-8           (c)  In this section:
 1-9                 (1)  "Premises" has the meaning assigned by Section
1-10     46.035, except as  provided by Subdivision (2).
1-11                 (2)  "Premises," for the purposes of Subsection (a)(1),
1-12     means a building, a portion of a building, a public or private
1-13     driveway, street, sidewalk or walkway, parking lot, parking garage,
1-14     or other parking area.
1-15                 (3)  "Secured area" means an area of an airport
1-16     terminal building to which access is controlled by the inspection
1-17     of persons and property under federal law.
1-18           (f)  Except as otherwise provided by law, it [It] is not a
1-19     defense to prosecution under this section that the actor possessed
1-20     a handgun and was licensed to carry a concealed handgun under
1-21     Subchapter H, Chapter 411, Government Code.
1-22           SECTION 2.  Section 46.15, Penal Code, is amended by adding
1-23     Subsection (e) to read as follows:
1-24           (e)  Section 46.03(a)(1) does not apply to a person who is
 2-1     carrying a concealed handgun and a valid license issued under
 2-2     Subchapter H, Chapter 411, Government Code, to carry a concealed
 2-3     handgun of the same category as the handgun the person is carrying.
 2-4           SECTION 3.  The change in law made by this Act applies only
 2-5     to an offense committed on or after the effective date of this Act.
 2-6     An offense committed before the effective date of this Act is
 2-7     covered by the law in effect when the offense was committed, and
 2-8     the former law is continued in effect for that purpose.  For
 2-9     purposes of this section, an offense was committed before the
2-10     effective date of this Act if any element of the offense occurred
2-11     before that date.
2-12           SECTION 4.  This Act takes effect September 1, 1999.
2-13           SECTION 5.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended.