| 1 | | - | H.B. No. 1168 |
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| 1 | + | By: Anchia, et al. (Senate Sponsor - West) H.B. No. 1168 |
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| 2 | + | (In the Senate - Received from the House April 25, 2019; |
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| 3 | + | April 29, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 10, 2019, reported favorably by the following vote: |
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| 5 | + | Yeas 5, Nays 3; May 10, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the offense of possessing a weapon in a secured area of |
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| 6 | 12 | | an airport. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 46.03(c)(3), Penal Code, is amended to |
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| 9 | 15 | | read as follows: |
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| 10 | 16 | | (3) "Secured area" means an area: |
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| 11 | 17 | | (A) of an airport terminal building or of an |
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| 12 | 18 | | adjacent aircraft parking area used by common carriers in air |
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| 13 | 19 | | transportation but not used by general aviation; and |
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| 14 | 20 | | (B) to which access is controlled [by the |
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| 15 | 21 | | inspection of persons and property] under federal law. |
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| 16 | 22 | | SECTION 2. Section 46.03(e), Penal Code, is amended to read |
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| 17 | 23 | | as follows: |
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| 18 | 24 | | (e) It is a defense to prosecution under Subsection (a)(5) |
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| 19 | 25 | | that the actor: |
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| 20 | 26 | | (1) checked all firearms as baggage in accordance with |
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| 21 | 27 | | federal or state law or regulations before entering a secured area; |
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| 22 | 28 | | or |
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| 23 | 29 | | (2) was authorized by a federal agency or the airport |
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| 24 | 30 | | operator to possess a firearm in a secured area. |
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| 25 | 31 | | SECTION 3. The change in law made by this Act applies only |
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| 26 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 27 | 33 | | An offense committed before the effective date of this Act is |
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| 28 | 34 | | governed by the law in effect on the date the offense was committed, |
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| 29 | 35 | | and the former law is continued in effect for that purpose. For |
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| 30 | 36 | | purposes of this section, an offense was committed before the |
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| 31 | 37 | | effective date of this Act if any element of the offense occurred |
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| 32 | 38 | | before that date. |
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| 33 | 39 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 1168 was passed by the House on April |
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| 37 | | - | 24, 2019, by the following vote: Yeas 140, Nays 8, 1 present, not |
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| 38 | | - | voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 1168 was passed by the Senate on May |
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| 42 | | - | 16, 2019, by the following vote: Yeas 17, Nays 14. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: _____________________ |
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| 46 | | - | Date |
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| 47 | | - | _____________________ |
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| 48 | | - | Governor |
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| 40 | + | * * * * * |
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