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.