Texas 2013 83rd Regular

Texas Senate Bill SB299 Enrolled / Bill

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                    S.B. No. 299


 AN ACT
 relating to the intentional display of a handgun by a person
 licensed to carry a concealed handgun.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subsections (a) and (h), Section 46.035, Penal
 Code, are amended to read as follows:
 (a)  A license holder commits an offense if the license
 holder carries a handgun on or about the license holder's person
 under the authority of Subchapter H, Chapter 411, Government Code,
 and intentionally displays [fails to conceal] the handgun in plain
 view of another person in a public place.
 (h)  It is a defense to prosecution under Subsection (a) that
 the actor, at the time of the commission of the offense, displayed
 the handgun under circumstances in which the actor would have been
 justified in the use of force or deadly force under Chapter 9.
 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, 2013.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 299 passed the Senate on
 April 4, 2013, by the following vote:  Yeas 28, Nays 2.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 299 passed the House on
 May 6, 2013, by the following vote:  Yeas 140, Nays 6, one present
 not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor