H.B. No. 1168
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1168 was passed by the House on April
24, 2019, by the following vote: Yeas 140, Nays 8, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1168 was passed by the Senate on May
16, 2019, by the following vote: Yeas 17, Nays 14.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor