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