| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to the unlawful carrying of a handgun in a motor vehicle or |
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| 9 | 8 | | watercraft. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Section 46.02(a-1), Penal Code, is amended to |
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| 12 | 11 | | read as follows: |
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| 13 | 12 | | (a-1) A person commits an offense if the person |
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| 14 | 13 | | intentionally, knowingly, or recklessly carries on or about his or |
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| 15 | 14 | | her person a handgun in a motor vehicle or watercraft that is owned |
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| 16 | 15 | | by the person or under the person's control at any time in which: |
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| 17 | 16 | | (1) the handgun is in plain view, unless the person is |
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| 18 | 17 | | licensed to carry a handgun under Subchapter H, Chapter 411, |
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| 19 | 18 | | Government Code, and the handgun is carried in a shoulder or belt |
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| 20 | 19 | | holster; or |
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| 21 | 20 | | (2) the person [is]: |
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| 22 | 21 | | (A) is engaged in criminal activity, other than a |
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| 23 | 22 | | Class C misdemeanor that is a violation of a law or ordinance |
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| 24 | 23 | | regulating traffic or boating; |
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| 25 | 24 | | (B) is prohibited by law from possessing a |
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| 26 | 25 | | firearm; or |
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| 27 | 26 | | (C) has been previously convicted of an offense |
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| 28 | 27 | | for which the judgment in the case contains an affirmative finding |
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| 29 | 28 | | under Article 42.0197, Code of Criminal Procedure [a member of a |
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| 30 | 29 | | criminal street gang, as defined by Section 71.01]. |
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| 31 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 31 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 32 | | An offense committed before the effective date of this Act is |
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| 34 | 33 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 34 | | and the former law is continued in effect for that purpose. For |
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| 36 | 35 | | purposes of this section, an offense was committed before the |
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| 37 | 36 | | effective date of this Act if any element of the offense occurred |
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| 38 | 37 | | before that date. |
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| 39 | 38 | | SECTION 3. This Act takes effect September 1, 2021. |
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