Bill Text: TX HB554 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB554 Detail]
Download: Texas-2015-HB554-Enrolled.html
| H.B. No. 554 | ||
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| relating to a defense to prosecution for the offense of possessing | ||
| or carrying a weapon in or into the secured area of an airport. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 46.03, Penal Code, is amended by adding | ||
| Subsections (e-1) and (e-2) and amending Subsection (f) to read as | ||
| follows: | ||
| (e-1) It is a defense to prosecution under Subsection (a)(5) | ||
| that the actor: | ||
| (1) possessed, at the screening checkpoint for the | ||
| secured area, a concealed handgun that the actor was licensed to | ||
| carry under Subchapter H, Chapter 411, Government Code; and | ||
| (2) exited the screening checkpoint for the secured | ||
| area immediately upon completion of the required | ||
| screening | ||
| processes and notification that the actor possessed the handgun. | ||
| (e-2) A peace officer investigating conduct that may | ||
| constitute an offense under Subsection (a)(5) and that consists | ||
| only of an actor's possession of a concealed handgun that the actor | ||
| is licensed to carry under Subchapter H, Chapter 411, Government | ||
| Code, may not arrest the actor for the offense unless: | ||
| (1) the officer advises the actor of the defense | ||
| available under Subsection (e-1) and gives the actor an opportunity | ||
| to exit the screening checkpoint for the secured area; and | ||
| (2) the actor does not immediately exit the checkpoint | ||
| upon completion of the required screening processes. | ||
| (f) Except as provided by Subsection (e-1), it [ |
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| defense to prosecution under this section that the actor possessed | ||
| a handgun and was licensed to carry a concealed handgun under | ||
| Subchapter H, Chapter 411, Government Code. | ||
| SECTION 2. 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 3. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 554 was passed by the House on May 7, | ||
| 2015, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 554 on May 27, 2015, by the following vote: Yeas 138, Nays 1, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 554 was passed by the Senate, with | ||
| amendments, on May 24, 2015, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
