78R6665 EMT-D

By:  Raymond                                                      H.B. No. 1546



A BILL TO BE ENTITLED

AN ACT

relating to banning pellet and BB guns from certain public places; 
providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 46.03(a), (c), and (e), Penal Code, are 
amended to read as follows:
	(a)  A person commits an offense if the person intentionally, 
knowingly, or recklessly possesses or goes with a firearm, pellet 
or BB gun, illegal knife, club, or prohibited weapon listed in 
Section 46.05(a):
		(1)  on the physical premises of a school or 
educational institution, any grounds or building on which an 
activity sponsored by a school or educational institution is being 
conducted, or a passenger transportation vehicle of a school or 
educational institution, whether the school or educational 
institution is public or private, unless pursuant to written 
regulations or written authorization of the institution;
		(2)  on the premises of a polling place on the day of an 
election or while early voting is in progress;
		(3)  in any government court or offices utilized by the 
court, unless pursuant to written regulations or written 
authorization of the court;
		(4)  on the premises of a racetrack;                                          
		(5)  in or into a secured area of an airport;  or                             
		(6)  within 1,000 feet of premises the location of 
which is designated by the Texas Department of Criminal Justice as a 
place of execution under Article 43.19, Code of Criminal Procedure, 
on a day that a sentence of death is set to be imposed on the 
designated premises and the person received notice that:
			(A)  going within 1,000 feet of the premises with 
a weapon listed under this subsection was prohibited;  or
			(B)  possessing a weapon listed under this 
subsection within 1,000 feet of the premises was prohibited.
	(c)  In this section:                                                          
		(1)  "Pellet gun" or "BB gun" means a device made, 
designed, or adapted to expel a metal projectile through the force 
of spring action or compressed air or other gas.
		(2)  "Premises" has the meaning assigned by Section 
46.035.          
		(3) [(2)]  "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.
	(e)  It is a defense to prosecution under Subsection (a)(5) 
that the actor checked all firearms, pellet guns, or BB guns as 
baggage in accordance with federal or state law or regulations 
before entering a secured area.
	SECTION 2.  This Act takes effect September 1, 2003.