By: Springer, et al. (Senate Sponsor - Creighton) H.B. No. 554
         (In the Senate - Received from the House May 11, 2015;
  May 13, 2015, read first time and referred to Committee on State
  Affairs; May 21, 2015, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a defense to prosecution for the offense of possessing
  or carrying a weapon in or into the secured area of an airport.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.03, Penal Code, is amended by adding
  Subsections (e-1) and (e-2) and amending Subsection (f) to read as
  follows:
         (e-1)  It is a defense to prosecution under Subsection (a)(5)
  that the actor:
               (1)  possessed, at the screening checkpoint for the
  secured area, a concealed handgun that the actor was licensed to
  carry under Subchapter H, Chapter 411, Government Code; and
               (2)  exited the screening checkpoint for the secured
  area immediately upon notification that the actor possessed the
  handgun.
         (e-2)  A peace officer investigating conduct that may
  constitute an offense under Subsection (a)(5) and that consists
  only of an actor's possession of a concealed handgun that the actor
  is licensed to carry under Subchapter H, Chapter 411, Government
  Code, may not arrest the actor for the offense unless:
               (1)  the officer advises the actor of the defense
  available under Subsection (e-1) and gives the actor an opportunity
  to exit the screening checkpoint for the secured area; and
               (2)  the actor does not immediately exit the
  checkpoint.
         (f)  Except as provided by Subsection (e-1), it [It] is not a
  defense to prosecution under this section that the actor possessed
  a handgun and was licensed to carry a concealed handgun under
  Subchapter H, Chapter 411, Government Code.
         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
  governed by the law in effect on the date 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 occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2015.
 
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