|   | 
         | 
      
      
        |   | 
      
      
        | 
           
			 | 
        
		By: Springer, et al. (Senate Sponsor - Creighton) | 
        H.B. No. 554 | 
      
      
        | 
           
			 | 
               (In the Senate - Received from the House May 11, 2015;  | 
      
      
        | 
           
			 | 
        May 13, 2015, read first time and referred to Committee on State  | 
      
      
        | 
           
			 | 
        Affairs; May 21, 2015, reported favorably by the following vote:   | 
      
      
        | 
           
			 | 
        Yeas 9, Nays 0; May 21, 2015, sent to printer.) | 
| Click here to see the committee vote | 
      
    
    
      
        |   | 
      
      
        | 
           
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        |   | 
      
      
        | 
           
			 | 
        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 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. | 
      
      
        | 
           
			 | 
               (f)  Except as provided by Subsection (e-1), it [It] is not a  | 
      
      
        | 
           
			 | 
        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. | 
      
      
        | 
           
			 | 
         | 
      
      
        | 
           
			 | 
        * * * * * |