By King of Parker                                     H.B. No. 2154
         76R7965 GWK-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, portion of a building, 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:
 2-1                 (1)  is carrying a concealed handgun and a valid
 2-2     license issued under Subchapter H, Chapter 411, Government Code, to
 2-3     carry a concealed handgun of the same category as the handgun the
 2-4     person is carrying; or
 2-5                 (2)  has a rifle or shotgun, on that part of the
 2-6     premises of a school or educational institution or ground or
 2-7     building on which an activity sponsored by a school or educational
 2-8     institution is being conducted that is a public or private
 2-9     driveway, street, parking lot, parking garage, or other parking
2-10     area, and only if:
2-11                       (A)  the rifle or shotgun is at all times in a
2-12     motor vehicle; and
2-13                       (B)  the person is on the premises temporarily
2-14     before traveling to another location to engage in a lawful hunting,
2-15     fishing, or other sporting activity in which a rifle or shotgun is
2-16     commonly used or after traveling from another location at which the
2-17     person engaged in the lawful hunting, fishing, or other sporting
2-18     activity.
2-19           SECTION 3.  (a)  The change in law made by this Act applies
2-20     only to an offense committed on or after the effective date of this
2-21     Act.  For purposes of this section, an offense is committed before
2-22     the effective date of this Act if any element of the offense occurs
2-23     before the effective date.
2-24           (b)  An offense committed before the effective date of this
2-25     Act is covered by the law in effect when the offense was committed,
2-26     and the former law is continued in effect for that purpose.
2-27           SECTION 4.  This Act takes effect September 1, 1999.
 3-1           SECTION 5.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended.