| 1 | 1 | | 86R6736 JSC-D |
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| 2 | 2 | | By: Creighton S.B. No. 506 |
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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 carrying a handgun during a state of disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 46.15, Penal Code, is amended by adding |
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| 10 | 10 | | Subsections (k) and (l) to read as follows: |
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| 11 | 11 | | (k) Section 46.02 does not apply to a person who carries a |
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| 12 | 12 | | handgun if: |
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| 13 | 13 | | (1) the person carries the handgun while: |
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| 14 | 14 | | (A) evacuating from an area subject to a |
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| 15 | 15 | | mandatory evacuation order issued during a state of disaster |
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| 16 | 16 | | declared under Section 418.014, Government Code, or a local state |
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| 17 | 17 | | of disaster declared under Section 418.108, Government Code; or |
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| 18 | 18 | | (B) reentering that area following the person's |
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| 19 | 19 | | evacuation; |
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| 20 | 20 | | (2) not more than 168 hours have elapsed since the |
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| 21 | 21 | | evacuation was ordered or more than 168 hours have elapsed since the |
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| 22 | 22 | | evacuation order was issued and the governor has extended the |
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| 23 | 23 | | period during which a person may carry a handgun; and |
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| 24 | 24 | | (3) the person is not prohibited by state or federal |
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| 25 | 25 | | law from possessing a firearm. |
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| 26 | 26 | | (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and |
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| 27 | 27 | | (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(4), (b)(5), |
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| 28 | 28 | | and (b)(6) do not apply to a person who carries a handgun if: |
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| 29 | 29 | | (1) the person carries the handgun on the premises, as |
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| 30 | 30 | | defined by the statute providing the applicable offense, of a |
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| 31 | 31 | | location operating as an emergency shelter during a state of |
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| 32 | 32 | | disaster declared under Section 418.014, Government Code, or a |
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| 33 | 33 | | local state of disaster declared under Section 418.108, Government |
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| 34 | 34 | | Code; |
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| 35 | 35 | | (2) the owner, controller, or operator of the premises |
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| 36 | 36 | | or a person acting with the apparent authority of the owner, |
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| 37 | 37 | | controller, or operator, authorized the carrying of the handgun; |
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| 38 | 38 | | and |
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| 39 | 39 | | (3) the person is not prohibited by state or federal |
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| 40 | 40 | | law from possessing a firearm. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to an offense committed on or after the effective date of this Act. |
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| 43 | 43 | | An offense committed before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect on the date the offense was committed, |
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| 45 | 45 | | and the former law is continued in effect for that purpose. For |
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| 46 | 46 | | purposes of this section, an offense was committed before the |
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| 47 | 47 | | effective date of this Act if any element of the offense was |
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| 48 | 48 | | committed before that date. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2019. |
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