| 2 | | - | (In the Senate - Filed February 26, 2021; March 11, 2021, |
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| 3 | | - | read first time and referred to Committee on State Affairs; |
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| 4 | | - | April 20, 2021, reported favorably by the following vote: Yeas 7, |
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| 5 | | - | Nays 1; April 20, 2021, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to the offense of possessing a weapon in a secured area of |
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| 12 | 8 | | an airport. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Section 46.03(c)(3), Penal Code, is amended to |
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| 15 | 11 | | read as follows: |
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| 16 | 12 | | (3) "Secured area" means an area of an airport |
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| 17 | 13 | | terminal building to which access is controlled by the inspection |
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| 18 | 14 | | of persons and property under federal law, or an aircraft parking |
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| 19 | 15 | | area that is used by common carriers in air transportation but not |
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| 20 | 16 | | by general aviation and to which access is controlled under federal |
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| 21 | 17 | | law. The term does not include a baggage claim area, a motor |
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| 22 | 18 | | vehicle parking area used by passengers, employees, or persons |
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| 23 | 19 | | awaiting an arrival, or an area used by the public to pick up or drop |
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| 24 | 20 | | off passengers or employees. |
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| 25 | 21 | | SECTION 2. Section 46.03(e), Penal Code, is amended to read |
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| 26 | 22 | | as follows: |
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| 27 | 23 | | (e) It is a defense to prosecution under Subsection (a)(5) |
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| 28 | 24 | | that the actor: |
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| 29 | 25 | | (1) checked all firearms as baggage in accordance with |
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| 30 | 26 | | federal or state law or regulations before entering a secured area; |
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| 31 | 27 | | or |
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| 32 | 28 | | (2) was authorized by a federal agency or the airport |
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| 33 | 29 | | operator to possess a firearm in a secured area. |
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| 34 | 30 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 31 | | to an offense committed on or after the effective date of this Act. |
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| 36 | 32 | | An offense committed before the effective date of this Act is |
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| 37 | 33 | | governed by the law in effect on the date the offense was committed, |
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| 38 | 34 | | and the former law is continued in effect for that purpose. For |
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| 39 | 35 | | purposes of this section, an offense was committed before the |
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| 40 | 36 | | effective date of this Act if any element of the offense occurred |
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| 41 | 37 | | before that date. |
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| 42 | 38 | | SECTION 4. This Act takes effect September 1, 2021. |
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