By: Anchia, et al. (Senate Sponsor - West) H.B. No. 1168
(In the Senate - Received from the House April 25, 2019;
April 29, 2019, read first time and referred to Committee on State
Affairs; May 10, 2019, reported favorably by the following vote:
Yeas 5, Nays 3; May 10, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the offense of possessing a weapon in a secured area of
an airport.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03(c)(3), Penal Code, is amended to
read as follows:
(3) "Secured area" means an area:
(A) of an airport terminal building or of an
adjacent aircraft parking area used by common carriers in air
transportation but not used by general aviation; and
(B) to which access is controlled [by the
inspection of persons and property] under federal law.
SECTION 2. Section 46.03(e), Penal Code, is amended to read
as follows:
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area;
or
(2) was authorized by a federal agency or the airport
operator to possess a firearm in a secured area.
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
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 4. This Act takes effect September 1, 2019.
* * * * *