| 1 | 1 | | 84R5097 JSC-D |
|---|
| 2 | 2 | | By: Sheets H.B. No. 1509 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prosecution of the offense of unlawful carrying of |
|---|
| 8 | 8 | | weapons. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 46.02(a) and (a-1), Penal Code, are |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (a) A person commits an offense if the person intentionally, |
|---|
| 13 | 13 | | knowingly, or recklessly carries on or about his or her person a |
|---|
| 14 | 14 | | handgun, illegal knife, or club when [if] the person is not: |
|---|
| 15 | 15 | | (1) on the person's own premises or premises under the |
|---|
| 16 | 16 | | person's control; [or] |
|---|
| 17 | 17 | | (2) on premises owned by or under the control of |
|---|
| 18 | 18 | | another person, provided that the owner or the person in control of |
|---|
| 19 | 19 | | the premises consents to the carrying of the weapon; |
|---|
| 20 | 20 | | (3) inside of or directly en route to a motor vehicle |
|---|
| 21 | 21 | | or watercraft that is owned by the person or under the person's |
|---|
| 22 | 22 | | control; or |
|---|
| 23 | 23 | | (4) inside of or directly en route to a motor vehicle |
|---|
| 24 | 24 | | or watercraft owned by or under the control of another person, |
|---|
| 25 | 25 | | provided that the owner or the person in control of the motor |
|---|
| 26 | 26 | | vehicle or watercraft consents to the carrying of the weapon. |
|---|
| 27 | 27 | | (a-1) A person commits an offense if the person |
|---|
| 28 | 28 | | intentionally, knowingly, or recklessly carries on or about his or |
|---|
| 29 | 29 | | her person a handgun in a motor vehicle or watercraft that is owned |
|---|
| 30 | 30 | | by the person or under the person's control at any time in which[: |
|---|
| 31 | 31 | | [(1) the handgun is in plain view; or |
|---|
| 32 | 32 | | [(2)] the person is: |
|---|
| 33 | 33 | | (1) [(A)] engaged in criminal activity, other than a |
|---|
| 34 | 34 | | Class C misdemeanor that is a violation of a law or ordinance |
|---|
| 35 | 35 | | regulating traffic or boating; |
|---|
| 36 | 36 | | (2) [(B)] prohibited by law from possessing a firearm; |
|---|
| 37 | 37 | | or |
|---|
| 38 | 38 | | (3) [(C)] a member of a criminal street gang, as |
|---|
| 39 | 39 | | defined by Section 71.01. |
|---|
| 40 | 40 | | SECTION 2. The change in law made by this Act applies to an |
|---|
| 41 | 41 | | offense under Section 46.02, Penal Code, committed before, on, or |
|---|
| 42 | 42 | | after the effective date of this Act, except that a final conviction |
|---|
| 43 | 43 | | for an offense under that section that exists on the effective date |
|---|
| 44 | 44 | | of this Act is unaffected by this Act. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|