By: Capriglione H.B. No. 1920
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 of an airport
terminal building to which access is controlled by the inspections
of persons and property under federal law, or an aircraft parking
area that is used by common carriers in air transportation but not
by general aviation and to which access is controlled under federal
law. The term does not include a baggage claim area, a motor vehicle
parking area used by passengers, employees, or persons awaiting an
arrival, or an area used by the public to pick up or drop off
passengers or employees.
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, 2021.