87R1405 LHC-D
By: Meza H.B. No. 223
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful possession of a firearm by persons
convicted of certain misdemeanor offenses in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.04(b) and (d), Penal Code, are
amended to read as follows:
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a
member of the person's family or household, or of a violent
misdemeanor commits an offense if the person possesses a firearm
before the fifth anniversary of the later of:
(1) the date of the person's release from confinement
following conviction of the misdemeanor; or
(2) the date of the person's release from community
supervision following conviction of the misdemeanor.
(d) In this section:
(1) "Family,"[, "family,"] "household," and "member
of a household" have the meanings assigned by Chapter 71, Family
Code.
(2) "Violent misdemeanor" means an offense under the
laws of this state that is punishable as a misdemeanor and that has
as an element the use, attempted use, or threatened use of force
against any person.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2021.