76R11109 GWK-D
By Allen, Carter, King of Parker H.B. No. 2257
Substitute the following for H.B. No. 2257:
By Turner of Coleman C.S.H.B. No. 2257
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) on that part of the premises of a school or
2-2 educational institution or ground or building on which an activity
2-3 sponsored by a school or educational institution is being conducted
2-4 that is a public or private driveway, street, sidewalk or walkway,
2-5 parking lot, parking garage, or other parking area, is carrying a
2-6 concealed handgun and a valid license issued under Subchapter H,
2-7 Chapter 411, Government Code, to carry a concealed handgun of the
2-8 same category as the handgun the person is carrying; or
2-9 (2) has a rifle or shotgun, on that part of the
2-10 premises of a school or educational institution or ground or
2-11 building on which an activity sponsored by a school or educational
2-12 institution is being conducted that is a public or private
2-13 driveway, street, parking lot, parking garage, or other parking
2-14 area, and only if:
2-15 (A) the rifle or shotgun is at all times in a
2-16 motor vehicle; and
2-17 (B) the person is on the premises temporarily
2-18 before traveling to another location to engage in a lawful hunting,
2-19 fishing, or other sporting activity in which a rifle or shotgun is
2-20 commonly used or after traveling from another location at which the
2-21 person engaged in the lawful hunting, fishing, or other sporting
2-22 activity.
2-23 SECTION 3. (a) The change in law made by this Act applies
2-24 only to an offense committed on or after the effective date of this
2-25 Act. For purposes of this section, an offense is committed before
2-26 the effective date of this Act if any element of the offense occurs
2-27 before the effective date.
3-1 (b) An offense committed before the effective date of this
3-2 Act is covered by the law in effect when the offense was committed,
3-3 and the former law is continued in effect for that purpose.
3-4 SECTION 4. This Act takes effect September 1, 1999.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.