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A BILL TO BE ENTITLED
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AN ACT
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relating to banning handguns and certain other weapons from parking |
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areas associated with schools or educational institutions; |
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providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.03(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, illegal |
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knife, club, 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 school or 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 area of an 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; or |
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(7) in or on any real property that is owned or leased |
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by a public or private school or educational institution and |
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routinely used by the faculty, staff, students, or visitors of the |
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school or educational institution, including a parking lot, parking |
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garage, or other parking area. |
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(b) It is a defense to prosecution under Subsections |
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(a)(1)-(4) and (7) that the actor possessed a firearm while in the |
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actual discharge of his official duties as a member of the armed |
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forces or national guard or a guard employed by a penal institution, |
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or an officer of the court. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect at the time the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |