By: Phelan, et al. (Senate Sponsor - Creighton) H.B. No. 1177
(In the Senate - Received from the House April 23, 2019;
April 24, 2019, read first time and referred to Committee on State
Affairs; May 15, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 15, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1177 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to carrying a concealed handgun following a mandatory
evacuation order issued during a state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsections (k) and (l) to read as follows:
(k) Section 46.02 does not apply to a person who carries a
handgun if:
(1) the person carries the handgun in a concealed
manner;
(2) the person carries the handgun while:
(A) evacuating from an area following a mandatory
evacuation order issued during a state of disaster declared under
Section 418.014, Government Code, or a local state of disaster
declared under Section 418.108, Government Code, with respect to
that area; or
(B) reentering that area following the person's
evacuation;
(3) not more than 48 hours have elapsed since the
mandatory evacuation order was issued, or more than 48 hours have
elapsed since the mandatory evacuation order was issued and the
governor has extended the period during which a person may carry a
concealed handgun; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
(l) For purposes of Subsection (k), "evacuating" means the
immediate and urgent movement of a person away from an area that is
subject to an evacuation order.
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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2019.
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