84R5097 JSC-D
By: Sheets H.B. No. 1509
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of unlawful carrying of
weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.02(a) and (a-1), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly carries on or about his or her person a
handgun, illegal knife, or club when [if] the person is not:
(1) on the person's own premises or premises under the
person's control; [or]
(2) on premises owned by or under the control of
another person, provided that the owner or the person in control of
the premises consents to the carrying of the weapon;
(3) inside of or directly en route to a motor vehicle
or watercraft that is owned by the person or under the person's
control; or
(4) inside of or directly en route to a motor vehicle
or watercraft owned by or under the control of another person,
provided that the owner or the person in control of the motor
vehicle or watercraft consents to the carrying of the weapon.
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle or watercraft that is owned
by the person or under the person's control at any time in which[:
[(1) the handgun is in plain view; or
[(2)] the person is:
(1) [(A)] engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;
(2) [(B)] prohibited by law from possessing a firearm;
or
(3) [(C)] a member of a criminal street gang, as
defined by Section 71.01.
SECTION 2. The change in law made by this Act applies to an
offense under Section 46.02, Penal Code, committed before, on, or
after the effective date of this Act, except that a final conviction
for an offense under that section that exists on the effective date
of this Act is unaffected by this Act.
SECTION 3. This Act takes effect September 1, 2015.