| 1 | 1 | | 85R4343 AJZ-F |
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| 2 | 2 | | By: Burns H.B. No. 1209 |
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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 punishment for the offense of unlawfully carrying a |
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| 8 | 8 | | handgun by a license holder. |
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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. Section 46.035(g), Penal Code, as amended by |
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| 11 | 11 | | Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th |
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| 12 | 12 | | Legislature, Regular Session, 2015, is reenacted and amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (g) Except as otherwise provided by this subsection, an [An] |
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| 15 | 15 | | offense under this section [(a-1), (a-2), (a-3),] is a Class A |
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| 16 | 16 | | misdemeanor. An offense under Subsection (b)(4), (b)(5), (b)(6), |
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| 17 | 17 | | or (c) is a Class C misdemeanor punishable by a fine not to exceed |
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| 18 | 18 | | $200, except that the offense is a Class A misdemeanor if it is |
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| 19 | 19 | | shown on the trial of the offense that, after entering the property, |
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| 20 | 20 | | the license holder was personally given notice by oral |
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| 21 | 21 | | communication under Section 30.06 or 30.07 that entry on the |
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| 22 | 22 | | property was forbidden and subsequently failed to depart. An [, |
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| 23 | 23 | | unless the] offense [is committed] under Subsection (b)(1) or |
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| 24 | 24 | | (b)(3) [, in which event the offense] is a felony of the third |
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| 25 | 25 | | degree. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an offense committed on or after the effective date of this Act. |
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| 28 | 28 | | An offense committed before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect on the date the offense was committed, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. For |
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| 31 | 31 | | purposes of this section, an offense was committed before the |
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| 32 | 32 | | effective date of this Act if any element of the offense occurred |
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| 33 | 33 | | before that date. |
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| 34 | 34 | | SECTION 3. To the extent of any conflict, this Act prevails |
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| 35 | 35 | | over another Act of the 85th Legislature, Regular Session, 2017, |
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| 36 | 36 | | relating to nonsubstantive additions to and corrections in enacted |
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| 37 | 37 | | codes. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2017. |
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