|
|
|
|
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. |
|
|
|
* * * * * |