Where is that clause?
Sec. 46.041.UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY
(a)In this section, "metal or body armor" means any body
covering manifestly designed, made, or adapted for the purpose of
protecting a person against gunfire.
(b)A person who has been convicted of a felony commits an
offense if after the conviction the person possesses metal or body
(c)An offense under this section is a felony of the third
Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.
This law preempts ALL state laws and that preemption has been upheld every time by the Federal courts and so far as I can find a person has never been convicted for owning armor who used this statute as a defense to prosecution. I can cite reams of case law if you would like for me to.
U.S.C. § 931 : US Code - Section 931
(a) In General. - Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor,
if that person has been convicted of a felony that is -
(1) a crime of violence (as defined in section 16); or
(2) an offense under State law that would constitute a crime of
violence under paragraph (1) if it occurred within the special
maritime and territorial jurisdiction of the United States.
(b) Affirmative Defense. -
(1) In general. - It shall be an affirmative defense under this
section that -
(A) the defendant obtained prior written certification from
his or her employer that the defendant's purchase, use, or
possession of body armor was necessary for the safe performance
of lawful business activity; and
(B) the use and possession by the defendant were limited to
the course of such performance.
(2) Employer. - In this subsection, the term "employer" means
any other individual employed by the defendant's business that
supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.