| 1 | 1 | | 82R4374 JSC-D |
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| 2 | 2 | | By: Huberty, Eissler, Driver, Creighton, H.B. No. 698 |
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| 3 | 3 | | Geren, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the carrying of concealed handguns by certain persons |
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| 9 | 9 | | attending a school board meeting. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 46.03, Penal Code, is amended by adding |
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| 12 | 12 | | Subsection (j) to read as follows: |
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| 13 | 13 | | (j) It is a defense to prosecution under Subsection (a)(1) |
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| 14 | 14 | | that at the time of the commission of the offense the actor was: |
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| 15 | 15 | | (1) carrying a concealed handgun that the person was |
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| 16 | 16 | | licensed to carry under Subchapter H, Chapter 411, Government Code; |
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| 17 | 17 | | and |
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| 18 | 18 | | (2) attending a school board meeting in an official |
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| 19 | 19 | | capacity as: |
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| 20 | 20 | | (A) a member of the school board; or |
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| 21 | 21 | | (B) the superintendent of the school governed by |
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| 22 | 22 | | the school board. |
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| 23 | 23 | | SECTION 2. Section 46.035, Penal Code, is amended by adding |
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| 24 | 24 | | Subsection (l) to read as follows: |
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| 25 | 25 | | (l) It is a defense to prosecution under Subsection (c) that |
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| 26 | 26 | | at the time of the commission of the offense the actor was attending |
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| 27 | 27 | | a school board meeting in an official capacity as: |
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| 28 | 28 | | (1) a member of the school board; or |
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| 29 | 29 | | (2) the superintendent of the school governed by the |
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| 30 | 30 | | school board. |
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| 31 | 31 | | SECTION 3. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | covered by the law in effect when the offense was committed, and the |
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| 35 | 35 | | former law is continued in effect for that purpose. For purposes of |
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| 36 | 36 | | this section, an offense was committed before the effective date of |
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| 37 | 37 | | this Act if any element of the offense occurred before that date. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2011. |
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