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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for the offense of possessing |
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or carrying a weapon in or into the secured area of an airport. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.03, Penal Code, is amended by adding |
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Subsections (e-1) and (e-2) and amending Subsection (f) to read as |
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follows: |
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(e-1) It is a defense to prosecution under Subsection (a)(5) |
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that the actor: |
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(1) possessed, at the screening checkpoint for the |
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secured area, a concealed handgun that the actor was licensed to |
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carry under Subchapter H, Chapter 411, Government Code; and |
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(2) exited the screening checkpoint for the secured |
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area immediately upon notification that the actor possessed the |
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handgun. |
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(e-2) A peace officer investigating conduct that may |
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constitute an offense under Subsection (a)( |
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5) and that consists |
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only of an actor's possession of a concealed handgun that the actor |
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is licensed to carry under Subchapter H, Chapter 411, Government |
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Code, may not arrest the actor for the offense unless: |
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(1) the officer advises the actor of the defense |
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available under Subsection (e-1) and gives the actor an opportunity |
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to exit the screening checkpoint for the secured area; and |
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(2) the actor does not immediately exit the |
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checkpoint. |
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(f) Except as provided by Subsection (e-1), it [It] is not a |
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defense to prosecution under this section that the actor possessed |
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a handgun and was licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |