82R4374 JSC-D
By: Huberty, Eissler, Driver, Creighton, H.B. No. 698
Geren, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed handguns by certain persons
attending a school board meeting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03, Penal Code, is amended by adding
Subsection (j) to read as follows:
(j) It is a defense to prosecution under Subsection (a)(1)
that at the time of the commission of the offense the actor was:
(1) carrying a concealed handgun that the person was
licensed to carry under Subchapter H, Chapter 411, Government Code;
and
(2) attending a school board meeting in an official
capacity as:
(A) a member of the school board; or
(B) the superintendent of the school governed by
the school board.
SECTION 2. Section 46.035, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) It is a defense to prosecution under Subsection (c) that
at the time of the commission of the offense the actor was attending
a school board meeting in an official capacity as:
(1) a member of the school board; or
(2) the superintendent of the school governed by the
school board.
SECTION 3. 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
covered by the law in effect when 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 4. This Act takes effect September 1, 2011.