| 1 | 1 | | 85S10707 MAW-F |
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| 2 | 2 | | By: Anchia H.B. No. 175 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the offense of possessing a weapon in a secured area of |
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| 8 | 8 | | an airport. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.03(c)(3), Penal Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (3) "Secured area" means an area: |
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| 13 | 13 | | (A) of an airport terminal building or of an |
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| 14 | 14 | | adjacent aircraft parking area used by common carriers in air |
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| 15 | 15 | | transportation but not used by general aviation; and |
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| 16 | 16 | | (B) to which access is controlled [by the |
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| 17 | 17 | | inspection of persons and property] under federal law. |
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| 18 | 18 | | SECTION 2. Section 46.03(e), Penal Code, is amended to read |
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| 19 | 19 | | as follows: |
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| 20 | 20 | | (e) It is an exception to the application of [a defense to |
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| 21 | 21 | | prosecution under] Subsection (a)(5) that the actor: |
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| 22 | 22 | | (1) checked all firearms as baggage in accordance with |
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| 23 | 23 | | federal or state law or regulations before entering a secured area; |
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| 24 | 24 | | or |
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| 25 | 25 | | (2) was authorized by a federal agency to possess a |
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| 26 | 26 | | firearm in a secured area. |
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| 27 | 27 | | SECTION 3. The change in law made by this Act applies only |
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| 28 | 28 | | to an offense committed on or after the effective date of this Act. |
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| 29 | 29 | | An offense committed before the effective date of this Act is |
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| 30 | 30 | | governed by the law in effect on the date the offense was committed, |
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| 31 | 31 | | and the former law is continued in effect for that purpose. For |
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| 32 | 32 | | purposes of this section, an offense was committed before the |
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| 33 | 33 | | effective date of this Act if any element of the offense occurred |
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| 34 | 34 | | before that date. |
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| 35 | 35 | | SECTION 4. This Act takes effect December 1, 2017. |
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