79R4746 UM-F

By:  Farabee                                                      H.B. No. 1566



A BILL TO BE ENTITLED

AN ACT

relating to possession of a deadly weapon in a secured area of an 
airport; creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 46, Penal Code, is amended by adding 
Section 46.101 to read as follows:
	Sec. 46.101.  DEADLY WEAPON IN SECURED AREA OF AN AIRPORT.  
(a)  A person commits an offense if the person enters a secured area 
of an airport and the person knowingly carries or conceals a deadly 
weapon on or about the person's self or in the person's luggage, 
including any carry-on items.
	(b)  An offense under this section is a felony of the third 
degree.   
	(c)  It is an affirmative defense to prosecution under this 
section that at the time of the offense the actor was engaged in 
conduct authorized by an airport employee having the authority to 
provide security clearance or by the Transportation Security 
Administration.
	(d)  If conduct constituting an offense under this section 
also constitutes an offense under another section of this code, the 
person may be prosecuted under either section or both sections.
	SECTION 2.  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 3.  This Act takes effect September 1, 2005.