85R4343 AJZ-F
By: Burns H.B. No. 1209
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of unlawfully carrying a
handgun by a license holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.035(g), Penal Code, as amended by
Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted and amended to
read as follows:
(g) Except as otherwise provided by this subsection, an [An]
offense under this section [(a-1), (a-2), (a-3),] is a Class A
misdemeanor. An offense under Subsection (b)(4), (b)(5), (b)(6),
or (c) is a Class C misdemeanor punishable by a fine not to exceed
$200, except that the offense is a Class A misdemeanor if it is
shown on the trial of the offense that, after entering the property,
the license holder was personally given notice by oral
communication under Section 30.06 or 30.07 that entry on the
property was forbidden and subsequently failed to depart. An [,
unless the] offense [is committed] under Subsection (b)(1) or
(b)(3) [, in which event the offense] is a felony of the third
degree.
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. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2017.