83R4384 JSC-D By: Creighton H.B. No. 3267 A BILL TO BE ENTITLED AN ACT relating to unlawful possession of a firearm by an illegal alien; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 46.04, Penal Code, is amended by adding Subsection (b-1) and amending Subsections (d) and (e) to read as follows: (b-1) A person commits an offense if the person is an illegal alien and possesses a firearm. (d) In this section: (1) "Family," [, "family,"] "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (2) "Illegal alien" means a person who: (A) is not a citizen or national of the United States; and (B) is unlawfully present in the United States according to the terms of 8 U.S.C. Section 1101 et seq. (e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b), (b-1), or (c) is a Class A misdemeanor. SECTION 2. This Act takes effect September 1, 2013.