| 1 | 1 | | 83R6111 JSC-D |
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| 2 | 2 | | By: Sheets, Fletcher, Fallon, Paddie, Isaac, H.B. No. 1304 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the intentional display of a handgun. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 46.035(a) and (h), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A license holder commits an offense if the license |
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| 13 | 13 | | holder carries a handgun on or about the license holder's person |
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| 14 | 14 | | under the authority of Subchapter H, Chapter 411, Government Code, |
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| 15 | 15 | | and intentionally displays [fails to conceal] the handgun. |
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| 16 | 16 | | (h) It is a defense to prosecution under Subsection (a) that |
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| 17 | 17 | | the actor, at the time of the commission of the offense, displayed |
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| 18 | 18 | | the handgun under circumstances in which the actor would have been |
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| 19 | 19 | | justified in the use of [deadly] force under Chapter 9. |
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| 20 | 20 | | SECTION 2. The change in law made by this Act applies only |
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| 21 | 21 | | to an offense committed on or after the effective date of this Act. |
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| 22 | 22 | | An offense committed before the effective date of this Act is |
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| 23 | 23 | | governed by the law in effect on the date the offense was committed, |
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| 24 | 24 | | and the former law is continued in effect for that purpose. For |
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| 25 | 25 | | purposes of this section, an offense was committed before the |
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| 26 | 26 | | effective date of this Act if any element of the offense occurred |
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| 27 | 27 | | before that date. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2013. |
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