Texas 2019 - 86th Regular

Texas House Bill HB1445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R29232~~ JCG-D
	1	+	86R7412 JCG-D
2	2		By: Rosenthal H.B. No. 1445
3		-	Substitute the following for H.B. No. 1445:
4		-	By: González of Dallas C.S.H.B. No. 1445
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to prohibiting carrying a firearm while intoxicated;
10		-	creating ~~a criminal~~ offense.
	8	+	creating an offense.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Chapter 46, Penal Code, is amended by adding
13	11		Section 46.025 to read as follows:
14	12		Sec. 46.025. UNLAWFUL CARRYING OF FIREARM WHILE
15	13		INTOXICATED. (a) A person commits an offense if, while
16		-	intoxicated, the person carries on or about his or her person a
17		-	firearm, including a handgun or long gun, in a public place.
18		-	(b) An offense under this section is a Class C misdemeanor.
19		-	(c) This section does not apply to:
20		-	(1) a special investigator under Article 2.122, Code
21		-	of Criminal Procedure, or a peace officer regardless of whether the
22		-	special investigator or peace officer is engaged in the actual
23		-	discharge of the investigator's or officer's duties while carrying
24		-	the firearm; or
25		-	(2) a person who carries a firearm that is unloaded and
26		-	encased in a container.
	14	+	intoxicated, the person carries a firearm, including a handgun or
	15	+	long gun, in a public place.
	16	+	(b) An offense under this section is a Class A misdemeanor.
	17	+	(c) This section does not apply to a special investigator
	18	+	under Article 2.122, Code of Criminal Procedure, or a peace officer
	19	+	regardless of whether the special investigator or peace officer is
	20	+	engaged in the actual discharge of the investigator's or officer's
	21	+	duties while carrying the firearm.
27	22		(d) It is not a defense to prosecution under this section
28	23		that the actor carried a handgun under the authority of Subchapter
29	24		H, Chapter 411, Government Code.
30	25		(e) In this section, "intoxicated" has the meaning assigned
31	26		by Section 49.01.
32		-	(f) For purposes of this section, "public place" does not
33		-	include:
34		-	(1) the interior of a motor vehicle not used for mass
35		-	transit; or
36		-	(2) the actor's private residence, including the
37		-	curtilage of that residence.
38	27		SECTION 2. Section 411.186(a), Government Code, is amended
39	28		to read as follows:
40	29		(a) The department shall revoke a license under this section
41	30		if the license holder:
42	31		(1) was not entitled to the license at the time it was
43	32		issued;
44	33		(2) made a material misrepresentation or failed to
45	34		disclose a material fact in an application submitted under this
46	35		subchapter;
47	36		(3) subsequently becomes ineligible for a license
48	37		under Section 411.172, unless the sole basis for the ineligibility
49	38		is that the license holder is charged with the commission of a Class
50	39		A or Class B misdemeanor or equivalent offense, or of an offense
51	40		under Section 42.01, Penal Code, or equivalent offense, or of a
52	41		felony under an information or indictment;
53	42		(4) is convicted of an offense under Section 46.025 or
54	43		46.035, Penal Code;
55	44		(5) is determined by the department to have engaged in
56	45		conduct constituting a reason to suspend a license listed in
57	46		Section 411.187(a) after the person's license has been previously
58	47		suspended twice for the same reason; or
59	48		(6) submits an application fee that is dishonored or
60	49		reversed if the applicant fails to submit a cashier's check or money
61	50		order made payable to the "Department of Public Safety of the State
62	51		of Texas" in the amount of the dishonored or reversed fee, plus $25,
63	52		within 30 days of being notified by the department that the fee was
64	53		dishonored or reversed.
65	54		SECTION 3. Section 411.198(b), Government Code, is amended
66	55		to read as follows:
67	56		(b) It is a defense to prosecution under Section 46.025 or
68	57		46.035, Penal Code, that the actor, at the time of the commission of
69	58		the offense, was the holder of an alias license issued under this
70	59		section.
71	60		SECTION 4. Section 411.206(c), Government Code, is amended
72	61		to read as follows:
73	62		(c) Any judgment of conviction entered by any court for an
74	63		offense under Section 46.025 or 46.035, Penal Code, committed by a
75	64		license holder must contain the handgun license number of the
76	65		convicted license holder. A certified copy of the judgment is
77	66		conclusive and sufficient evidence to justify revocation of a
78	67		license under Section 411.186(a)(4).
79	68		SECTION 5. Section 46.035(d), Penal Code, is repealed.
80	69		SECTION 6. The changes in law made by this Act apply only to
81	70		an offense committed on or after the effective date of this Act. An
82	71		offense committed before the effective date of this Act is governed
83	72		by the law in effect on the date the offense was committed, and the
84	73		former law is continued in effect for that purpose. For purposes of
85	74		this section, an offense was committed before the effective date of
86	75		this Act if any element of the offense occurred before that date.
87	76		SECTION 7. This Act takes effect September 1, 2019.