79R4058 UM-F

By:  Hegar                                                        H.B. No. 1067



A BILL TO BE ENTITLED

AN ACT

relating to banning air guns, conducted energy weapons, facsimile 
firearms, and stun guns from certain premises; providing criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 46.01, Penal Code, is amended by adding 
Subdivisions (17) through (20) to read as follows:
		(17)  "Air gun" means any device designed, made, or 
adapted to expel a projectile through a barrel by using the energy 
generated by compressed air or gas.
		(18)  "Conducted energy weapon" means any device 
designed to propel darts or other projectiles attached to wires 
that, on contact, will deliver an electrical pulse capable of 
incapacitating a person.
		(19)  "Facsimile firearm" means any device, model, 
object, toy, or air gun designed by the manufacturer to replicate or 
substantially appear to be an actual firearm, but does not include 
any replica or facsimile that cannot reasonably be perceived to be a 
firearm because of a distinct color, exaggerated size, or other 
design feature.
		(20)  "Stun gun" means any device designed to deliver 
an electrical pulse capable of incapacitating a person when the 
device is placed in contact with the body of the person.
	SECTION 2.  Section 46.03(a), Penal Code, is amended to read 
as follows:     
	(a)  A person commits an offense if the person intentionally, 
knowingly, or recklessly possesses or goes with a firearm, illegal 
knife, club, conducted energy weapon, stun gun, air gun, facsimile 
firearm, 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 school or institution;
		(2)  on the premises of a polling place on the day of an 
election or while early voting is in progress;
		(3)  on the premises of 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.
	SECTION 3.  Section 46.03(c)(1), Penal Code, is amended to 
read as follows:  
		(1)  "Premises" has the meaning assigned by Section 
46.035, except that for purposes of Subsection (a)(1), the term 
includes any public or private parking lot, parking garage, or 
other parking area.
	SECTION 4.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.   
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.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect September 1, 2005.