| 1 | 1 | | By: Estes, et al. S.B. No. 299 |
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| 2 | 2 | | (Sheets, Fletcher, Fallon, Paddie, Isaac, et al.) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the intentional display of a handgun by a person |
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| 8 | 8 | | licensed to carry a concealed 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. Subsections (a) and (h), Section 46.035, Penal |
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| 11 | 11 | | Code, are 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 in plain |
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| 16 | 16 | | view of another person in a public place. |
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| 17 | 17 | | (h) It is a defense to prosecution under Subsection (a) that |
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| 18 | 18 | | the actor, at the time of the commission of the offense, displayed |
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| 19 | 19 | | the handgun under circumstances in which the actor would have been |
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| 20 | 20 | | justified in the use of force or deadly force under Chapter 9. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act applies only to |
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| 22 | 22 | | an offense committed on or after the effective date of this Act. An |
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| 23 | 23 | | offense committed before the effective date of this Act is governed |
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| 24 | 24 | | by the law in effect on the date the offense was committed, and the |
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| 25 | 25 | | former law is continued in effect for that purpose. For purposes of |
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| 26 | 26 | | this section, an offense was committed before the effective date of |
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| 27 | 27 | | this Act if any element of the offense occurred before that date. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2013. |
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