78R1195 PEP-D

By:  Allen                                                        H.B. No. 243



A BILL TO BE ENTITLED

AN ACT

relating to the possession or carrying of weapons on certain 
premises associated with a school or educational institution; 
providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Sections 46.03(c) and (f), Penal Code, are 
amended to read as follows:
	(c)  In this section:                                                          
		(1)  "Premises" has the meaning assigned by Section 
46.035, except as provided by Subdivision (2).
		(2)  "Premises," for the purposes of Subsection (a)(1), 
means a building, portion of a building, public or private 
driveway, street, sidewalk or walkway, parking lot, parking garage, 
or other parking area.
		(3)  "Secured area" means an area of an airport 
terminal building to which access is controlled by the inspection 
of persons and property under federal law.
	(f)  Except as otherwise provided by law, it [It] is not a 
defense to prosecution under this section that the actor possessed 
a handgun and was licensed to carry a concealed handgun under 
Subchapter H, Chapter 411, Government Code.
	SECTION 2.   Section 46.15, Penal Code, is amended by adding 
Subsection (g) to read as follows:
	(g)  Section 46.03(a)(1) does not apply to a person who:                
		(1)  on that part of the premises of a school or 
educational institution or ground or building on which an activity 
sponsored by a school or educational institution is being conducted 
that is a public or private driveway, street, sidewalk or walkway, 
parking lot, parking garage, or other parking area, is carrying a 
concealed handgun and a valid license issued under Subchapter H, 
Chapter 411, Government Code, to carry a concealed handgun of the 
same category as the handgun the person is carrying;
		(2)  has a rifle or shotgun, on that part of the 
premises of a school or educational institution or ground or 
building on which an activity sponsored by a school or educational 
institution is being conducted that is a public or private 
driveway, street, parking lot, parking garage, or other parking 
area, and only if:
			(A)  the rifle or shotgun is at all times in a 
motor vehicle; and   
			(B)  the person is on the premises before 
traveling to another location to engage in a lawful hunting, 
fishing, or other sporting activity in which a rifle or shotgun is 
commonly used or after traveling from another location at which the 
person engaged in the lawful hunting, fishing, or other sporting 
activity; or
		(3)  has a rifle, shotgun, or handgun on that part of 
the  premises of a school or educational institution or ground or 
building on which is being conducted an activity sponsored by a 
school, educational institution, or professional organization that  
requires the use of the rifle, shotgun, or handgun, such as a sport 
shooting competition, handgun proficiency course, or hunter 
training safety course.
	SECTION 3.   (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.   This Act takes effect September 1, 2003.