1 | 1 | | 85R24134 JSC-F |
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2 | 2 | | By: White, Burns, Phelan, Lang, Metcalf, H.B. No. 1911 |
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3 | 3 | | et al. |
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4 | 4 | | Substitute the following for H.B. No. 1911: |
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5 | 5 | | By: Schaefer C.S.H.B. No. 1911 |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to granting authority to carry a firearm to certain |
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11 | 11 | | unlicensed persons and to related regulatory provisions and |
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12 | 12 | | criminal offenses. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. The heading to Subchapter H, Chapter 411, |
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15 | 15 | | Government Code, is amended to read as follows: |
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16 | 16 | | SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS |
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17 | 17 | | RELATING TO CARRYING OF FIREARMS |
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18 | 18 | | SECTION 2. Sections 411.1741(a) and (b), Government Code, |
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19 | 19 | | are amended to read as follows: |
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20 | 20 | | (a) When a person applies for an original or renewal license |
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21 | 21 | | to carry a [concealed] handgun under this subchapter, the person |
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22 | 22 | | may make a voluntary contribution in any amount to the fund for |
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23 | 23 | | veterans' assistance established by Section 434.017. |
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24 | 24 | | (b) The department shall: |
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25 | 25 | | (1) include space on the first page of each |
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26 | 26 | | application for an original or renewal license to carry a |
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27 | 27 | | [concealed] handgun that allows a person applying for an original |
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28 | 28 | | or renewal license to carry a [concealed] handgun to indicate the |
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29 | 29 | | amount that the person is voluntarily contributing to the fund; and |
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30 | 30 | | (2) provide an opportunity for the person to |
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31 | 31 | | contribute to the fund during the application process for an |
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32 | 32 | | original or renewal license to carry a [concealed] handgun on the |
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33 | 33 | | department's Internet website. |
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34 | 34 | | SECTION 3. Section 411.204(c), Government Code, is amended |
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35 | 35 | | to read as follows: |
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36 | 36 | | (c) The sign required under Subsections (a) and (b) must |
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37 | 37 | | give notice in both English and Spanish that it is unlawful for a |
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38 | 38 | | person, including a person licensed under this subchapter or a |
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39 | 39 | | person otherwise legally authorized to carry a handgun, to carry a |
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40 | 40 | | handgun on the premises. The sign must appear in contrasting colors |
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41 | 41 | | with block letters at least one inch in height and must include on |
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42 | 42 | | its face the number "51" printed in solid red at least five inches |
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43 | 43 | | in height. The sign shall be displayed in a conspicuous manner |
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44 | 44 | | clearly visible to the public. |
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45 | 45 | | SECTION 4. Section 411.205, Government Code, is amended to |
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46 | 46 | | read as follows: |
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47 | 47 | | Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND |
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48 | 48 | | HANDGUN LICENSE. If a person [license holder] is carrying a handgun |
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49 | 49 | | [on or about the license holder's person] when a magistrate or a |
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50 | 50 | | peace officer demands that the person [license holder] display |
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51 | 51 | | identification, the person [license holder] shall display [both] |
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52 | 52 | | the person's [license holder's] driver's license or identification |
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53 | 53 | | certificate issued by the department or other proof of identity. If |
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54 | 54 | | the person is a license holder under this subchapter and is carrying |
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55 | 55 | | the person's handgun license, the person also shall display [and] |
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56 | 56 | | the person's [license holder's] handgun license. |
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57 | 57 | | SECTION 5. Sections 411.207(b) and (c), Government Code, |
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58 | 58 | | are amended to read as follows: |
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59 | 59 | | (b) A peace officer who is acting in the lawful discharge of |
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60 | 60 | | the officer's official duties may temporarily disarm a person who |
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61 | 61 | | is a license holder or otherwise legally authorized to carry a |
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62 | 62 | | handgun when the person [a license holder] enters a nonpublic, |
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63 | 63 | | secure portion of a law enforcement facility, if the law |
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64 | 64 | | enforcement agency provides a gun locker where the peace officer |
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65 | 65 | | can secure the person's [license holder's] handgun. The peace |
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66 | 66 | | officer shall secure the handgun in the locker and shall return the |
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67 | 67 | | handgun to the person [license holder] immediately after the person |
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68 | 68 | | [license holder] leaves the nonpublic, secure portion of the law |
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69 | 69 | | enforcement facility. |
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70 | 70 | | (c) A law enforcement facility shall prominently display at |
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71 | 71 | | each entrance to a nonpublic, secure portion of the facility a sign |
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72 | 72 | | that gives notice in both English and Spanish that, under this |
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73 | 73 | | section, a peace officer may temporarily disarm a person who is a |
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74 | 74 | | license holder or otherwise legally authorized to carry a handgun |
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75 | 75 | | when the person [license holder] enters the nonpublic, secure |
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76 | 76 | | portion of the facility. The sign must appear in contrasting colors |
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77 | 77 | | with block letters at least one inch in height. The sign shall be |
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78 | 78 | | displayed in a clearly visible and conspicuous manner. |
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79 | 79 | | SECTION 6. Section 42.042(e-2), Human Resources Code, is |
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80 | 80 | | amended to read as follows: |
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81 | 81 | | (e-2) The department may not prohibit the foster parent of a |
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82 | 82 | | child who resides in the foster family's home from transporting the |
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83 | 83 | | child in a vehicle where a handgun is present if the handgun is in |
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84 | 84 | | the possession and control of the foster parent and the foster |
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85 | 85 | | parent is licensed to carry the handgun under Subchapter H, Chapter |
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86 | 86 | | 411, Government Code, or is otherwise legally authorized to carry a |
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87 | 87 | | handgun. |
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88 | 88 | | SECTION 7. Section 229.001(b), Local Government Code, is |
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89 | 89 | | amended to read as follows: |
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90 | 90 | | (b) Subsection (a) does not affect the authority a |
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91 | 91 | | municipality has under another law to: |
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92 | 92 | | (1) require residents or public employees to be armed |
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93 | 93 | | for personal or national defense, law enforcement, or another |
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94 | 94 | | lawful purpose; |
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95 | 95 | | (2) regulate the discharge of firearms or air guns |
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96 | 96 | | within the limits of the municipality, other than at a sport |
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97 | 97 | | shooting range; |
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98 | 98 | | (3) regulate the use of property, the location of a |
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99 | 99 | | business, or uses at a business under the municipality's fire code, |
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100 | 100 | | zoning ordinance, or land-use regulations as long as the code, |
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101 | 101 | | ordinance, or regulations are not used to circumvent the intent of |
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102 | 102 | | Subsection (a) or Subdivision (5) of this subsection; |
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103 | 103 | | (4) regulate the use of firearms, air guns, or knives |
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104 | 104 | | in the case of an insurrection, riot, or natural disaster if the |
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105 | 105 | | municipality finds the regulations necessary to protect public |
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106 | 106 | | health and safety; |
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107 | 107 | | (5) regulate the storage or transportation of |
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108 | 108 | | explosives to protect public health and safety, except that 25 |
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109 | 109 | | pounds or less of black powder for each private residence and 50 |
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110 | 110 | | pounds or less of black powder for each retail dealer are not |
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111 | 111 | | subject to regulation; |
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112 | 112 | | (6) regulate the carrying of a firearm or air gun by a |
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113 | 113 | | person other than a person licensed to carry a handgun under |
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114 | 114 | | Subchapter H, Chapter 411, Government Code, or a person otherwise |
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115 | 115 | | legally authorized to carry the handgun, at a: |
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116 | 116 | | (A) public park; |
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117 | 117 | | (B) public meeting of a municipality, county, or |
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118 | 118 | | other governmental body; |
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119 | 119 | | (C) political rally, parade, or official |
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120 | 120 | | political meeting; or |
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121 | 121 | | (D) nonfirearms-related school, college, or |
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122 | 122 | | professional athletic event; |
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123 | 123 | | (7) regulate the hours of operation of a sport |
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124 | 124 | | shooting range, except that the hours of operation may not be more |
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125 | 125 | | limited than the least limited hours of operation of any other |
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126 | 126 | | business in the municipality other than a business permitted or |
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127 | 127 | | licensed to sell or serve alcoholic beverages for on-premises |
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128 | 128 | | consumption; or |
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129 | 129 | | (8) regulate the carrying of an air gun by a minor on: |
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130 | 130 | | (A) public property; or |
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131 | 131 | | (B) private property without consent of the |
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132 | 132 | | property owner. |
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133 | 133 | | SECTION 8. Sections 62.082(d) and (e), Parks and Wildlife |
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134 | 134 | | Code, are amended to read as follows: |
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135 | 135 | | (d) Section 62.081 does not apply to: |
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136 | 136 | | (1) an employee of the Lower Colorado River Authority; |
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137 | 137 | | (2) a person authorized to hunt under Subsection (c); |
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138 | 138 | | (3) a peace officer as defined by Article 2.12, Code of |
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139 | 139 | | Criminal Procedure; or |
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140 | 140 | | (4) a person who: |
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141 | 141 | | (A) is carrying [possesses] a handgun the person |
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142 | 142 | | is legally authorized to carry [and a license issued under |
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143 | 143 | | Subchapter H, Chapter 411, Government Code, to carry a handgun]; or |
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144 | 144 | | (B) under circumstances in which the person would |
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145 | 145 | | be justified in the use of deadly force under Chapter 9, Penal Code, |
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146 | 146 | | shoots a handgun the person is legally authorized [licensed] to |
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147 | 147 | | carry [under Subchapter H, Chapter 411, Government Code]. |
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148 | 148 | | (e) A state agency, including the department, the |
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149 | 149 | | Department of Public Safety, and the Lower Colorado River |
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150 | 150 | | Authority, may not adopt a rule that prohibits a person [who |
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151 | 151 | | possesses a license issued under Subchapter H, Chapter 411, |
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152 | 152 | | Government Code,] from entering or crossing the land of the Lower |
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153 | 153 | | Colorado River Authority while: |
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154 | 154 | | (1) carrying [possessing] a handgun that the person is |
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155 | 155 | | legally authorized to carry; or |
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156 | 156 | | (2) under circumstances in which the person would be |
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157 | 157 | | justified in the use of deadly force under Chapter 9, Penal Code, |
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158 | 158 | | shooting a handgun. |
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159 | 159 | | SECTION 9. Section 284.001(e), Parks and Wildlife Code, is |
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160 | 160 | | amended to read as follows: |
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161 | 161 | | (e) This section does not limit a person's [the] ability to |
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162 | 162 | | carry a handgun if the person is legally authorized [of a license |
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163 | 163 | | holder] to carry a handgun [under the authority of Subchapter H, |
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164 | 164 | | Chapter 411, Government Code]. |
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165 | 165 | | SECTION 10. Section 30.05, Penal Code, is amended by |
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166 | 166 | | amending Subsections (d) and (f) and adding Subsections (d-1) and |
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167 | 167 | | (d-2) to read as follows: |
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168 | 168 | | (d) Subject to Subsections (d-1) and (d-2), an [An] offense |
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169 | 169 | | under this section is: |
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170 | 170 | | (1) a Class B misdemeanor, except as provided by |
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171 | 171 | | Subdivisions (2) and (3); |
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172 | 172 | | (2) a Class C misdemeanor, except as provided by |
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173 | 173 | | Subdivision (3), if the offense is committed: |
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174 | 174 | | (A) on agricultural land and within 100 feet of |
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175 | 175 | | the boundary of the land; or |
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176 | 176 | | (B) on residential land and within 100 feet of a |
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177 | 177 | | protected freshwater area; and |
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178 | 178 | | (3) a Class A misdemeanor if: |
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179 | 179 | | (A) the offense is committed: |
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180 | 180 | | (i) in a habitation or a shelter center; |
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181 | 181 | | (ii) on a Superfund site; or |
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182 | 182 | | (iii) on or in a critical infrastructure |
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183 | 183 | | facility; or |
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184 | 184 | | (B) the person carries a deadly weapon during the |
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185 | 185 | | commission of the offense. |
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186 | 186 | | (d-1) An offense under this section is a Class C misdemeanor |
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187 | 187 | | punishable by a fine not to exceed $200 if: |
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188 | 188 | | (1) the sole basis on which entry on the property or |
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189 | 189 | | land or in the building was forbidden is that entry with a firearm |
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190 | 190 | | was forbidden; and |
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191 | 191 | | (2) the person was carrying in a concealed manner or in |
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192 | 192 | | a holster a handgun that the person was legally authorized to carry |
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193 | 193 | | at the time of the offense. |
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194 | 194 | | (d-2) An offense under this section is a Class A misdemeanor |
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195 | 195 | | if: |
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196 | 196 | | (1) the sole basis on which entry on the property or |
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197 | 197 | | land or in the building was forbidden is that entry with a firearm |
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198 | 198 | | was forbidden; |
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199 | 199 | | (2) the person was carrying in a concealed manner or in |
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200 | 200 | | a holster a handgun that the person was legally authorized to carry |
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201 | 201 | | at the time of the offense; and |
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202 | 202 | | (3) it is shown on the trial of the offense that, after |
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203 | 203 | | entering the property, land, or building, the actor was personally |
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204 | 204 | | given notice by oral communication that entry with a firearm was |
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205 | 205 | | forbidden and subsequently failed to depart. |
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206 | 206 | | (f) It is a defense to prosecution under this section that: |
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207 | 207 | | (1) the sole basis on which entry on the property or |
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208 | 208 | | land or in the building was forbidden is that entry with a firearm |
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209 | 209 | | [handgun] was forbidden; and |
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210 | 210 | | (2) at the time of the offense the person was carrying: |
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211 | 211 | | (A) a license issued under Subchapter H, Chapter |
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212 | 212 | | 411, Government Code, to carry a handgun; and |
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213 | 213 | | (B) a handgun: |
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214 | 214 | | (i) in a concealed manner; or |
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215 | 215 | | (ii) in a [shoulder or belt] holster. |
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216 | 216 | | SECTION 11. Section 30.07(f), Penal Code, is amended to |
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217 | 217 | | read as follows: |
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218 | 218 | | (f) It is not a defense to prosecution under this section |
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219 | 219 | | that the handgun was carried in a [shoulder or belt] holster. |
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220 | 220 | | SECTION 12. Section 46.02(a-1), Penal Code, is amended to |
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221 | 221 | | read as follows: |
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222 | 222 | | (a-1) A person commits an offense if the person |
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223 | 223 | | intentionally, knowingly, or recklessly carries on or about his or |
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224 | 224 | | her person a handgun in a motor vehicle or watercraft that is owned |
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225 | 225 | | by the person or under the person's control at any time in which: |
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226 | 226 | | (1) the handgun is in plain view, unless the person is |
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227 | 227 | | legally authorized [licensed] to carry a handgun [under Subchapter |
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228 | 228 | | H, Chapter 411, Government Code], and the handgun is carried in a |
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229 | 229 | | [shoulder or belt] holster; or |
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230 | 230 | | (2) the person is: |
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231 | 231 | | (A) engaged in criminal activity, other than a |
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232 | 232 | | Class C misdemeanor that is a violation of a law or ordinance |
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233 | 233 | | regulating traffic or boating; |
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234 | 234 | | (B) prohibited by law from possessing a firearm; |
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235 | 235 | | or |
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236 | 236 | | (C) a member of a criminal street gang, as |
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237 | 237 | | defined by Section 71.01. |
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238 | 238 | | SECTION 13. Sections 46.03(e-1) and (e-2), Penal Code, are |
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239 | 239 | | amended to read as follows: |
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240 | 240 | | (e-1) It is a defense to prosecution under Subsection (a)(5) |
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241 | 241 | | that the actor: |
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242 | 242 | | (1) possessed, at the screening checkpoint for the |
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243 | 243 | | secured area, a [concealed] handgun that the actor was legally |
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244 | 244 | | authorized [licensed] to carry [under Subchapter H, Chapter 411, |
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245 | 245 | | Government Code]; and |
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246 | 246 | | (2) exited the screening checkpoint for the secured |
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247 | 247 | | area immediately on [upon] completion of the required screening |
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248 | 248 | | processes and notification that the actor possessed the handgun. |
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249 | 249 | | (e-2) A peace officer investigating conduct that may |
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250 | 250 | | constitute an offense under Subsection (a)(5) and that consists |
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251 | 251 | | only of an actor's possession of a [concealed] handgun that the |
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252 | 252 | | actor is legally authorized [licensed] to carry [under Subchapter |
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253 | 253 | | H, Chapter 411, Government Code,] may not arrest the actor for the |
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254 | 254 | | offense unless: |
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255 | 255 | | (1) the officer advises the actor of the defense |
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256 | 256 | | available under Subsection (e-1) and gives the actor an opportunity |
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257 | 257 | | to exit the screening checkpoint for the secured area; and |
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258 | 258 | | (2) the actor does not immediately exit the checkpoint |
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259 | 259 | | on [upon] completion of the required screening processes. |
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260 | 260 | | SECTION 14. The heading to Section 46.035, Penal Code, is |
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261 | 261 | | amended to read as follows: |
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262 | 262 | | Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER |
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263 | 263 | | OR OTHER PERSON LEGALLY AUTHORIZED TO CARRY HANDGUN. |
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264 | 264 | | SECTION 15. Sections 46.035(a), (b), (c), (d), (i), and |
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265 | 265 | | (l), Penal Code, are amended to read as follows: |
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266 | 266 | | (a) A person who is a license holder or otherwise legally |
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267 | 267 | | authorized to carry a handgun commits an offense if the person |
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268 | 268 | | [license holder] carries a handgun [on or about the license |
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269 | 269 | | holder's person under the authority of Subchapter H, Chapter 411, |
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270 | 270 | | Government Code,] and intentionally displays the handgun in plain |
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271 | 271 | | view of another person in a public place. It is an exception to the |
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272 | 272 | | application of this subsection that the handgun was partially or |
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273 | 273 | | wholly visible but was carried in a [shoulder or belt] holster [by |
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274 | 274 | | the license holder]. |
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275 | 275 | | (b) A person who is a license holder or otherwise legally |
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276 | 276 | | authorized to carry a handgun commits an offense if the person |
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277 | 277 | | [license holder] intentionally, knowingly, or recklessly carries a |
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278 | 278 | | handgun [under the authority of Subchapter H, Chapter 411, |
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279 | 279 | | Government Code], regardless of whether the handgun is concealed or |
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280 | 280 | | carried in a [shoulder or belt] holster[, on or about the license |
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281 | 281 | | holder's person]: |
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282 | 282 | | (1) on the premises of a business that has a permit or |
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283 | 283 | | license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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284 | 284 | | Beverage Code, if the business derives 51 percent or more of its |
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285 | 285 | | income from the sale or service of alcoholic beverages for |
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286 | 286 | | on-premises consumption, as determined by the Texas Alcoholic |
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287 | 287 | | Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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288 | 288 | | (2) on the premises where a high school, collegiate, |
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289 | 289 | | or professional sporting event or interscholastic event is taking |
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290 | 290 | | place, unless the person [license holder] is a participant in the |
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291 | 291 | | event and a handgun is used in the event; |
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292 | 292 | | (3) on the premises of a correctional facility; |
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293 | 293 | | (4) on the premises of a hospital licensed under |
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294 | 294 | | Chapter 241, Health and Safety Code, or on the premises of a nursing |
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295 | 295 | | facility licensed under Chapter 242, Health and Safety Code, unless |
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296 | 296 | | the person [license holder] has written authorization of the |
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297 | 297 | | hospital or nursing facility administration, as appropriate; or |
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298 | 298 | | (5) in an amusement park[; or |
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299 | 299 | | [(6) on the premises of a church, synagogue, or other |
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300 | 300 | | established place of religious worship]. |
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301 | 301 | | (c) A person who is a license holder or otherwise legally |
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302 | 302 | | authorized to carry a handgun commits an offense if the person |
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303 | 303 | | [license holder] intentionally, knowingly, or recklessly carries a |
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304 | 304 | | handgun [under the authority of Subchapter H, Chapter 411, |
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305 | 305 | | Government Code], regardless of whether the handgun is concealed or |
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306 | 306 | | carried in a [shoulder or belt] holster, in the room or rooms where |
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307 | 307 | | a meeting of a governmental entity is held and if the meeting is an |
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308 | 308 | | open meeting subject to Chapter 551, Government Code, and the |
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309 | 309 | | entity provided notice as required by that chapter. |
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310 | 310 | | (d) A person who is a license holder or otherwise legally |
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311 | 311 | | authorized to carry a handgun commits an offense if the person[, |
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312 | 312 | | while intoxicated, the license holder] carries a handgun while the |
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313 | 313 | | person is intoxicated [under the authority of Subchapter H, Chapter |
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314 | 314 | | 411, Government Code], regardless of whether the handgun is |
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315 | 315 | | concealed or carried in a [shoulder or belt] holster. |
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316 | 316 | | (i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not |
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317 | 317 | | apply to a license holder who [if the actor] was not given effective |
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318 | 318 | | notice under Section 30.06 or 30.07. |
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319 | 319 | | (l) Subsection (b)(2) does not apply to a license holder on |
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320 | 320 | | the premises where a collegiate sporting event is taking place if |
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321 | 321 | | the license holder [actor] was not given effective notice under |
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322 | 322 | | Section 30.06. |
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323 | 323 | | SECTION 16. Section 46.035(h-1), Penal Code, as added by |
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324 | 324 | | Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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325 | 325 | | Session, 2007, is amended to read as follows: |
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326 | 326 | | (h-1) It is a defense to prosecution under Subsections |
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327 | 327 | | (b)(1), (2), (4), and (5) [(4)-(6),] and (c) that at the time of the |
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328 | 328 | | commission of the offense, the actor was: |
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329 | 329 | | (1) a judge or justice of a federal court; |
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330 | 330 | | (2) an active judicial officer, as defined by Section |
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331 | 331 | | 411.201, Government Code; or |
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332 | 332 | | (3) a district attorney, assistant district attorney, |
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333 | 333 | | criminal district attorney, assistant criminal district attorney, |
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334 | 334 | | county attorney, or assistant county attorney. |
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335 | 335 | | SECTION 17. Sections 46.15(a) and (b), Penal Code, are |
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336 | 336 | | amended to read as follows: |
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337 | 337 | | (a) Sections 46.02, [and] 46.03, and 46.035 do not apply to: |
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338 | 338 | | (1) peace officers or special investigators under |
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339 | 339 | | Article 2.122, Code of Criminal Procedure, and neither section |
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340 | 340 | | prohibits a peace officer or special investigator from carrying a |
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341 | 341 | | weapon in this state, including in an establishment in this state |
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342 | 342 | | serving the public, regardless of whether the peace officer or |
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343 | 343 | | special investigator is engaged in the actual discharge of the |
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344 | 344 | | officer's or investigator's duties while carrying the weapon; |
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345 | 345 | | (2) parole officers and neither section prohibits an |
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346 | 346 | | officer from carrying a weapon in this state if the officer is: |
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347 | 347 | | (A) engaged in the actual discharge of the |
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348 | 348 | | officer's duties while carrying the weapon; and |
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349 | 349 | | (B) in compliance with policies and procedures |
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350 | 350 | | adopted by the Texas Department of Criminal Justice regarding the |
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351 | 351 | | possession of a weapon by an officer while on duty; |
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352 | 352 | | (3) community supervision and corrections department |
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353 | 353 | | officers appointed or employed under Section 76.004, Government |
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354 | 354 | | Code, and neither section prohibits an officer from carrying a |
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355 | 355 | | weapon in this state if the officer is: |
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356 | 356 | | (A) engaged in the actual discharge of the |
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357 | 357 | | officer's duties while carrying the weapon; and |
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358 | 358 | | (B) authorized to carry a weapon under Section |
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359 | 359 | | 76.0051, Government Code; |
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360 | 360 | | (4) an active judicial officer as defined by Section |
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361 | 361 | | 411.201, Government Code, who is licensed to carry a handgun under |
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362 | 362 | | Subchapter H, Chapter 411, Government Code; |
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363 | 363 | | (5) an honorably retired peace officer, qualified |
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364 | 364 | | retired law enforcement officer, federal criminal investigator, or |
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365 | 365 | | former reserve law enforcement officer who holds a certificate of |
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366 | 366 | | proficiency issued under Section 1701.357, Occupations Code, and is |
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367 | 367 | | carrying a photo identification that is issued by a federal, state, |
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368 | 368 | | or local law enforcement agency, as applicable, and that verifies |
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369 | 369 | | that the officer is: |
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370 | 370 | | (A) an honorably retired peace officer; |
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371 | 371 | | (B) a qualified retired law enforcement officer; |
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372 | 372 | | (C) a federal criminal investigator; or |
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373 | 373 | | (D) a former reserve law enforcement officer who |
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374 | 374 | | has served in that capacity not less than a total of 15 years with |
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375 | 375 | | one or more state or local law enforcement agencies; |
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376 | 376 | | (6) a district attorney, criminal district attorney, |
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377 | 377 | | county attorney, or municipal attorney who is licensed to carry a |
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378 | 378 | | handgun under Subchapter H, Chapter 411, Government Code; |
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379 | 379 | | (7) an assistant district attorney, assistant |
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380 | 380 | | criminal district attorney, or assistant county attorney who is |
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381 | 381 | | licensed to carry a handgun under Subchapter H, Chapter 411, |
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382 | 382 | | Government Code; |
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383 | 383 | | (8) a bailiff designated by an active judicial officer |
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384 | 384 | | as defined by Section 411.201, Government Code, who is: |
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385 | 385 | | (A) licensed to carry a handgun under Subchapter |
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386 | 386 | | H, Chapter 411, Government Code; and |
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387 | 387 | | (B) engaged in escorting the judicial officer; or |
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388 | 388 | | (9) a juvenile probation officer who is authorized to |
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389 | 389 | | carry a firearm under Section 142.006, Human Resources Code. |
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390 | 390 | | (b) Section 46.02 does not apply to a person who: |
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391 | 391 | | (1) is in the actual discharge of official duties as a |
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392 | 392 | | member of the armed forces or state military forces as defined by |
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393 | 393 | | Section 437.001, Government Code, or as a guard employed by a penal |
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394 | 394 | | institution; |
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395 | 395 | | (2) is traveling; |
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396 | 396 | | (3) is engaging in lawful hunting, fishing, or other |
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397 | 397 | | sporting activity on the immediate premises where the activity is |
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398 | 398 | | conducted, or is en route between the premises and the actor's |
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399 | 399 | | residence, motor vehicle, or watercraft, if the weapon is a type |
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400 | 400 | | commonly used in the activity; |
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401 | 401 | | (4) holds a security officer commission issued by the |
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402 | 402 | | Texas Private Security Board, if the person is engaged in the |
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403 | 403 | | performance of the person's duties as an officer commissioned under |
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404 | 404 | | Chapter 1702, Occupations Code, or is traveling to or from the |
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405 | 405 | | person's place of assignment and is wearing the officer's uniform |
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406 | 406 | | and carrying the officer's weapon in plain view; |
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407 | 407 | | (5) acts as a personal protection officer and carries |
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408 | 408 | | the person's security officer commission and personal protection |
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409 | 409 | | officer authorization, if the person: |
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410 | 410 | | (A) is engaged in the performance of the person's |
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411 | 411 | | duties as a personal protection officer under Chapter 1702, |
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412 | 412 | | Occupations Code, or is traveling to or from the person's place of |
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413 | 413 | | assignment; and |
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414 | 414 | | (B) is either: |
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415 | 415 | | (i) wearing the uniform of a security |
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416 | 416 | | officer, including any uniform or apparel described by Section |
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417 | 417 | | 1702.323(d), Occupations Code, and carrying the officer's weapon in |
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418 | 418 | | plain view; or |
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419 | 419 | | (ii) not wearing the uniform of a security |
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420 | 420 | | officer and carrying the officer's weapon in a concealed manner; |
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421 | 421 | | (6) is [carrying: |
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422 | 422 | | [(A)] a license holder [issued] under Subchapter |
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423 | 423 | | H, Chapter 411, Government Code, [to carry a handgun;] and is |
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424 | 424 | | carrying |
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425 | 425 | | [(B)] a handgun: |
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426 | 426 | | (A) [(i)] in a concealed manner; or |
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427 | 427 | | (B) [(ii)] in a [shoulder or belt] holster; |
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428 | 428 | | (7) is at least 21 years of age and: |
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429 | 429 | | (A) has not been convicted of a felony; |
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430 | 430 | | (B) is fully qualified under applicable federal |
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431 | 431 | | law to purchase and possess a handgun; |
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432 | 432 | | (C) meets the requirements under Sections |
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433 | 433 | | 411.172(a)(1)-(13), Government Code; |
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434 | 434 | | (D) is not a member of a criminal street gang, as |
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435 | 435 | | defined by Section 71.01; and |
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436 | 436 | | (E) is carrying a handgun: |
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437 | 437 | | (i) in a concealed manner; or |
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438 | 438 | | (ii) in a holster; |
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439 | 439 | | (8) holds an alcoholic beverage permit or license or |
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440 | 440 | | is an employee of a holder of an alcoholic beverage permit or |
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441 | 441 | | license if the person is supervising the operation of the permitted |
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442 | 442 | | or licensed premises; or |
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443 | 443 | | (9) [(8)] is a student in a law enforcement class |
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444 | 444 | | engaging in an activity required as part of the class, if the weapon |
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445 | 445 | | is a type commonly used in the activity and the person is: |
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446 | 446 | | (A) on the immediate premises where the activity |
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447 | 447 | | is conducted; or |
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448 | 448 | | (B) en route between those premises and the |
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449 | 449 | | person's residence and is carrying the weapon unloaded. |
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450 | 450 | | SECTION 18. The following provisions are repealed: |
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451 | 451 | | (1) Sections 11.041, 11.61(e), 61.11, and 61.71(f), |
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452 | 452 | | Alcoholic Beverage Code; and |
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453 | 453 | | (2) Section 411.204(d), Government Code. |
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454 | 454 | | SECTION 19. The changes in law made by this Act relating to |
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455 | 455 | | the authority of a person to carry a handgun apply to the carrying |
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456 | 456 | | of a handgun on or after the effective date of this Act by any person |
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457 | 457 | | who may legally carry a handgun under this Act. |
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458 | 458 | | SECTION 20. The changes in law made by this Act apply only |
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459 | 459 | | to an offense committed on or after the effective date of this Act. |
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460 | 460 | | An offense committed before the effective date of this Act is |
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461 | 461 | | governed by the law in effect when the offense was committed, and |
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462 | 462 | | the former law is continued in effect for that purpose. For |
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463 | 463 | | purposes of this section, an offense was committed before the |
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464 | 464 | | effective date of this Act if any element of the offense occurred |
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465 | 465 | | before that date. |
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466 | 466 | | SECTION 21. This Act takes effect September 1, 2017. |
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