82R12630 AJZ-F
By: Larson H.B. No. 2795
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain weapons on the premises of a local
juvenile probation department office; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.03(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; [or]
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited; or
(7) on the premises of a local juvenile probation
department office.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) and (7) that the actor possessed a firearm while in the
actual discharge of [his] official duties as a member of the armed
forces or national guard, [or] a guard employed by a penal
institution, or an officer of the court.
SECTION 2. This Act takes effect September 1, 2011.