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.