| 1 | 1 | | 86R11584 AJZ-F |
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| 2 | 2 | | By: Burns H.B. No. 2352 |
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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, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (g) Except as otherwise provided by this subsection, an [An] |
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| 13 | 13 | | offense under this section is a Class A misdemeanor. An offense |
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| 14 | 14 | | under Subsection (b)(4), (b)(5), or (c) is a Class C misdemeanor |
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| 15 | 15 | | punishable by a fine not to exceed $200, except that the offense is |
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| 16 | 16 | | a Class A misdemeanor if it is shown on the trial of the offense |
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| 17 | 17 | | that, after entering the property, the license holder was |
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| 18 | 18 | | personally given notice by oral communication under Section 30.06 |
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| 19 | 19 | | or 30.07 that entry on the property was forbidden and subsequently |
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| 20 | 20 | | failed to depart. An[, unless the] offense [is committed] under |
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| 21 | 21 | | Subsection (b)(1) or (b)(3)[, in which event the offense] is a |
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| 22 | 22 | | felony of the third degree. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to an offense committed on or after the effective date of this Act. |
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| 25 | 25 | | An offense committed before the effective date of this Act is |
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| 26 | 26 | | governed by the law in effect at the time the offense was committed, |
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| 27 | 27 | | and the former law is continued in effect for that purpose. For |
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| 28 | 28 | | purposes of this section, an offense was committed before the |
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| 29 | 29 | | effective date of this Act if any element of the offense occurred |
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| 30 | 30 | | before that date. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2019. |
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