1-1 By: Haggerty (Senate Sponsor - Staples) H.B. No. 1925
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of an offense prohibiting certain weapons
1-9 within 1,000 feet of a place of execution.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 46.03(a), Penal Code, as amended by
1-12 Chapters 1043 and 1221, Acts of the 75th Legislature, Regular
1-13 Session, 1997, is reenacted and amended to read as follows:
1-14 (a) A person commits an offense if the person intentionally,
1-15 knowingly, or recklessly possesses or goes with a firearm, illegal
1-16 knife, club, or prohibited weapon listed in Section 46.05(a):
1-17 (1) on the physical premises of a school or
1-18 educational institution, any grounds or building on which an
1-19 activity sponsored by a school or educational institution is being
1-20 conducted, or a passenger transportation vehicle of a school or
1-21 educational institution, whether the school or educational
1-22 institution is public or private, unless pursuant to written
1-23 regulations or written authorization of the institution;
1-24 (2) on the premises of a polling place on the day of
1-25 an election or while early voting is in progress;
1-26 (3) in any government court or offices utilized by the
1-27 court, unless pursuant to written regulations or written
1-28 authorization of the court;
1-29 (4) on the premises of a racetrack; [or]
1-30 (5) in or into a secured area of an airport; or
1-31 (6) within 1,000 feet of premises the location of
1-32 which is designated by the Texas Department of Criminal Justice as
1-33 a place of execution under Article 43.19, Code of Criminal
1-34 Procedure, on a day that a sentence of death is set to be imposed
1-35 on the designated premises and the person received notice that:
1-36 (A) going within 1,000 feet of the premises with
1-37 a weapon listed under this subsection was prohibited; or
1-38 (B) possessing a weapon listed under this
1-39 subsection within 1,000 feet of the premises was prohibited.
1-40 SECTION 2. Section 46.03, Penal Code, is amended by adding
1-41 Subsection (i) to read as follows:
1-42 (i) It is an exception to the application of Subsection
1-43 (a)(6) that the actor possessed a firearm:
1-44 (1) while in a vehicle being driven on a public road;
1-45 or
1-46 (2) at the actor's residence or place of employment.
1-47 SECTION 3. This Act takes effect September 1, 2001, and
1-48 applies only to an offense committed on or after that date. An
1-49 offense committed before the effective date of this Act is covered
1-50 by the law in effect when the offense was committed, and the former
1-51 law is continued in effect for that purpose. For purposes of this
1-52 section, an offense was committed before the effective date of this
1-53 Act if any element of the offense occurred before that date.
1-54 * * * * *