Texas 2019 - 86th Regular

Texas House Bill HB1177 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1177
	1	+	By: Phelan, et al. (Senate Sponsor - Creighton) H.B. No. 1177
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 15, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 1;
	6	+	May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1177 By: Creighton
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to carrying a handgun during a state of disaster.
	13	+	relating to carrying a concealed handgun following a mandatory
	14	+	evacuation order issued during a state of disaster.
6	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	16		SECTION 1. Section 46.15, Penal Code, is amended by adding
8	17		Subsections (k) and (l) to read as follows:
9	18		(k) Section 46.02 does not apply to a person who carries a
10	19		handgun if:
11		-	(1) the person carries the handgun while:
12		-	(A) evacuating from an area following the
13		-	declaration of a state of disaster under Section 418.014,
14		-	Government Code, or a local state of disaster under Section
15		-	418.108, Government Code, with respect to that area; or
	20	+	(1) the person carries the handgun in a concealed
	21	+	manner;
	22	+	(2) the person carries the handgun while:
	23	+	(A) evacuating from an area following a mandatory
	24	+	evacuation order issued during a state of disaster declared under
	25	+	Section 418.014, Government Code, or a local state of disaster
	26	+	declared under Section 418.108, Government Code, with respect to
	27	+	that area; or
16	28		(B) reentering that area following the person's
17	29		evacuation;
18		-	(2) not more than 168 hours have elapsed since the
19		-	state of disaster or local state of disaster was declared, or more
20		-	than 168 hours have elapsed since the time the declaration was made
21		-	and the governor has extended the period during which a person may
22		-	carry a handgun under this subsection; and
23		-	(3) the person is not prohibited by state or federal
24		-	law from possessing a firearm.
25		-	(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and
26		-	(a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
27		-	(b)(6) do not apply to a person who carries a handgun if:
28		-	(1) the person carries the handgun on the premises, as
29		-	defined by the statute providing the applicable offense, of a
30		-	location operating as an emergency shelter during a state of
31		-	disaster declared under Section 418.014, Government Code, or a
32		-	local state of disaster declared under Section 418.108, Government
33		-	Code;
34		-	(2) the owner, controller, or operator of the premises
35		-	or a person acting with the apparent authority of the owner,
36		-	controller, or operator, authorized the carrying of the handgun;
37		-	(3) the person carrying the handgun complies with any
38		-	rules and regulations of the owner, controller, or operator of the
39		-	premises that govern the carrying of a handgun on the premises; and
	30	+	(3) not more than 48 hours have elapsed since the
	31	+	mandatory evacuation order was issued, or more than 48 hours have
	32	+	elapsed since the mandatory evacuation order was issued and the
	33	+	governor has extended the period during which a person may carry a
	34	+	concealed handgun; and
40	35		(4) the person is not prohibited by state or federal
41	36		law from possessing a firearm.
	37	+	(l) For purposes of Subsection (k), "evacuating" means the
	38	+	immediate and urgent movement of a person away from an area that is
	39	+	subject to an evacuation order.
42	40		SECTION 2. The change in law made by this Act applies only
43	41		to an offense committed on or after the effective date of this Act.
44	42		An offense committed before the effective date of this Act is
45	43		governed by the law in effect on the date the offense was committed,
46	44		and the former law is continued in effect for that purpose. For
47	45		purposes of this section, an offense was committed before the
48	46		effective date of this Act if any element of the offense was
49	47		committed before that date.
50	48		SECTION 3. This Act takes effect September 1, 2019.
51		-	______________________________ ______________________________
52		-	President of the Senate Speaker of the House
53		-	I certify that H.B. No. 1177 was passed by the House on April
54		-	18, 2019, by the following vote: Yeas 102, Nays 29, 2 present, not
55		-	voting; that the House refused to concur in Senate amendments to
56		-	H.B. No. 1177 on May 23, 2019, and requested the appointment of a
57		-	conference committee to consider the differences between the two
58		-	houses; and that the House adopted the conference committee report
59		-	on H.B. No. 1177 on May 26, 2019, by the following vote: Yeas 91,
60		-	Nays 52, 2 present, not voting.
61		-	______________________________
62		-	Chief Clerk of the House
63		-	I certify that H.B. No. 1177 was passed by the Senate, with
64		-	amendments, on May 19, 2019, by the following vote: Yeas 22, Nays
65		-	9; at the request of the House, the Senate appointed a conference
66		-	committee to consider the differences between the two houses; and
67		-	that the Senate adopted the conference committee report on H.B. No.
68		-	1177 on May 26, 2019, by the following vote: Yeas 16, Nays 15.
69		-	______________________________
70		-	Secretary of the Senate
71		-	APPROVED: __________________
72		-	Date
73		-	__________________
74		-	Governor
	49	+	* * * * *