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A BILL TO BE ENTITLED
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AN ACT
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relating to areas of an airport where weapons are prohibited; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.03, Penal Code, is amended to read as |
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follows: |
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Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person |
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commits an offense if the person intentionally, knowingly, or |
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recklessly possesses or goes with a firearm, illegal knife, club, |
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or prohibited weapon listed in Section 46.05(a): |
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(1) on the physical premises of a school or |
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educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
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conducted, or a passenger transportation vehicle of a school or |
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educational institution, whether the school or educational |
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institution is public or private, unless pursuant to written |
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regulations or written authorization of the institution; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured or restricted area of an |
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airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited. |
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(b) It is a defense to prosecution under Subsections |
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(a)(1)-(4) that the actor possessed a firearm while in the actual |
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discharge of his official duties as a member of the armed forces or |
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national guard or a guard employed by a penal institution, or an |
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officer of the court. |
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(c) In this section: |
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(1) "Premises" has the meaning assigned by Section |
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46.035. |
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(1-a) "Restricted area" means that area of an airport |
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where aircraft movement and support activities occur, and enclosed |
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airport land adjacent to such area, to which ingress is permitted |
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only by specific authorization of the airport operator. |
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(2) "Secured area" means an area of an airport |
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terminal building to which access is controlled by the inspection |
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of persons and property under federal law. |
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(d) [It is a defense to prosecution under Subsection (a)(5)
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that the actor possessed a firearm or club while traveling to or
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from the actor's place of assignment or in the actual discharge of
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duties as:
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[(1)a member of the armed forces or national guard;
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[(2)a guard employed by a penal institution; or
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[(3) a security officer commissioned by the Texas Board
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of Private Investigators and Private Security Agencies if:
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[(A)the actor is wearing a distinctive uniform;
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[and
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[(B)the firearm or club is in plain view; or
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[(5) a security officer who holds a personal protection
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authorization under the Private Investigators and Private Security
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Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
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[(e)] It is a defense to prosecution under Subsection (a)(5) |
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that the firearm is [actor] checked [all firearms] as baggage in |
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accordance with federal or state law or regulations before entering |
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a secured area. |
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(e) [(f)] It is not a defense to prosecution under this |
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section that the actor possessed a handgun and was licensed to carry |
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a concealed handgun under Subchapter H, Chapter 411, Government |
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Code. |
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(f) [(g)] An offense under this section is a Class A |
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misdemeanor [third degree felony]. |
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(g) [(h)] It is a defense to prosecution under Subsection |
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(a)(4) that the actor possessed a firearm or club while traveling to |
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or from the actor's place of assignment or in the actual discharge |
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of duties as a security officer commissioned by the Texas Board of |
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Private Investigators and Private Security Agencies, if: |
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(1) the actor is wearing a distinctive uniform; and |
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(2) the firearm or club is in plain view. |
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(h) [(i)] It is an exception to the application of Subsection |
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(a)(6) that the actor possessed a firearm or club: |
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(1) while in a vehicle being driven on a public road; |
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or |
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(2) at the actor's residence or place of employment. |
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SECTION 2. This Act takes effect September 1, 2007. |