87R7902 TSS-D
By: Dutton H.B. No. 2105
A BILL TO BE ENTITLED
AN ACT
relating to failure to identify to a peace officer while carrying
certain firearms; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.02, Penal Code, is amended by adding
Subsection (b-1) and amending Subsections (c) and (d) to read as
follows:
(b-1) A person commits an offense if the person is carrying
a partially or wholly visible firearm other than a handgun and the
person intentionally:
(1) refuses to give the person's name, residence
address, or date of birth to a peace officer who has requested the
information; or
(2) gives a false or fictitious name, residence
address, or date of birth to a peace officer who has requested the
information.
(c) Except as provided by Subsection [Subsections] (d) [and
(e)], an offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a) or (b-1)(1); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b) or (b-1)(2).
(d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time
of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a) or (b-1)(1); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (b) or (b-1)(2).
SECTION 2. This Act takes effect September 1, 2021.