1-1 AN ACT
1-2 relating to the creation of an offense prohibiting certain weapons
1-3 within 1,000 feet of a place of execution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.03(a), Penal Code, as amended by
1-6 Chapters 1043 and 1221, Acts of the 75th Legislature, Regular
1-7 Session, 1997, is reenacted and amended to read as follows:
1-8 (a) A person commits an offense if the person intentionally,
1-9 knowingly, or recklessly possesses or goes with a firearm, illegal
1-10 knife, club, or prohibited weapon listed in Section 46.05(a):
1-11 (1) on the physical premises of a school or
1-12 educational institution, any grounds or building on which an
1-13 activity sponsored by a school or educational institution is being
1-14 conducted, or a passenger transportation vehicle of a school or
1-15 educational institution, whether the school or educational
1-16 institution is public or private, unless pursuant to written
1-17 regulations or written authorization of the institution;
1-18 (2) on the premises of a polling place on the day of
1-19 an election or while early voting is in progress;
1-20 (3) in any government court or offices utilized by the
1-21 court, unless pursuant to written regulations or written
1-22 authorization of the court;
1-23 (4) on the premises of a racetrack; [or]
1-24 (5) in or into a secured area of an airport; or
2-1 (6) within 1,000 feet of premises the location of
2-2 which is designated by the Texas Department of Criminal Justice as
2-3 a place of execution under Article 43.19, Code of Criminal
2-4 Procedure, on a day that a sentence of death is set to be imposed
2-5 on the designated premises and the person received notice that:
2-6 (A) going within 1,000 feet of the premises with
2-7 a weapon listed under this subsection was prohibited; or
2-8 (B) possessing a weapon listed under this
2-9 subsection within 1,000 feet of the premises was prohibited.
2-10 SECTION 2. Section 46.03, Penal Code, is amended by adding
2-11 Subsection (i) to read as follows:
2-12 (i) It is an exception to the application of Subsection
2-13 (a)(6) that the actor possessed a firearm or club:
2-14 (1) while in a vehicle being driven on a public road;
2-15 or
2-16 (2) at the actor's residence or place of employment.
2-17 SECTION 3. Section 46.15, Penal Code, is amended by adding
2-18 Subsection (f) to read as follows:
2-19 (f) Section 46.03(a)(6) does not apply to a person who
2-20 possesses a firearm or club while in the actual discharge of
2-21 official duties as:
2-22 (1) a member of the armed forces or state military
2-23 forces, as defined by Section 431.001, Government Code; or
2-24 (2) an employee of a penal institution.
2-25 SECTION 4. This Act takes effect September 1, 2001, and
2-26 applies only to an offense committed on or after that date. An
2-27 offense committed before the effective date of this Act is covered
3-1 by the law in effect when the offense was committed, and the former
3-2 law is continued in effect for that purpose. For purposes of this
3-3 section, an offense was committed before the effective date of this
3-4 Act if any element of the offense occurred before that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1925 was passed by the House on May
5, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1925 on May 23, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1925 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1925 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1925 on May 27, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor