| 1 | 1 | | 87R3286 JCG-D |
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| 2 | 2 | | By: Rosenthal H.B. No. 799 |
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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 prohibiting carrying a firearm while intoxicated; |
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| 8 | 8 | | creating a criminal offense. |
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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. Chapter 46, Penal Code, is amended by adding |
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| 11 | 11 | | Section 46.025 to read as follows: |
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| 12 | 12 | | Sec. 46.025. UNLAWFUL CARRYING OF FIREARM WHILE |
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| 13 | 13 | | INTOXICATED. (a) A person commits an offense if, while |
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| 14 | 14 | | intoxicated, the person carries on or about his or her person a |
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| 15 | 15 | | firearm, including a handgun or long gun, in a public place. |
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| 16 | 16 | | (b) An offense under this section is a Class C misdemeanor. |
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| 17 | 17 | | (c) This section does not apply to: |
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| 18 | 18 | | (1) a special investigator under Article 2.122, Code |
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| 19 | 19 | | of Criminal Procedure, or a peace officer regardless of whether the |
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| 20 | 20 | | special investigator or peace officer is engaged in the actual |
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| 21 | 21 | | discharge of the investigator's or officer's duties while carrying |
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| 22 | 22 | | the firearm; or |
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| 23 | 23 | | (2) a person who carries a firearm that is unloaded and |
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| 24 | 24 | | encased in a container. |
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| 25 | 25 | | (d) It is not a defense to prosecution under this section |
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| 26 | 26 | | that the actor carried a handgun under the authority of Subchapter |
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| 27 | 27 | | H, Chapter 411, Government Code. |
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| 28 | 28 | | (e) In this section, "intoxicated" has the meaning assigned |
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| 29 | 29 | | by Section 49.01. |
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| 30 | 30 | | (f) For purposes of this section, "public place" does not |
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| 31 | 31 | | include: |
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| 32 | 32 | | (1) the interior of a motor vehicle not used for mass |
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| 33 | 33 | | transit; or |
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| 34 | 34 | | (2) the actor's private residence, including the |
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| 35 | 35 | | curtilage of that residence. |
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| 36 | 36 | | SECTION 2. Section 411.186(a), Government Code, is amended |
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| 37 | 37 | | to read as follows: |
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| 38 | 38 | | (a) The department shall revoke a license under this section |
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| 39 | 39 | | if the license holder: |
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| 40 | 40 | | (1) was not entitled to the license at the time it was |
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| 41 | 41 | | issued; |
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| 42 | 42 | | (2) made a material misrepresentation or failed to |
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| 43 | 43 | | disclose a material fact in an application submitted under this |
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| 44 | 44 | | subchapter; |
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| 45 | 45 | | (3) subsequently becomes ineligible for a license |
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| 46 | 46 | | under Section 411.172, unless the sole basis for the ineligibility |
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| 47 | 47 | | is that the license holder is charged with the commission of a Class |
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| 48 | 48 | | A or Class B misdemeanor or equivalent offense, or of an offense |
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| 49 | 49 | | under Section 42.01, Penal Code, or equivalent offense, or of a |
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| 50 | 50 | | felony under an information or indictment; |
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| 51 | 51 | | (4) is convicted of an offense under Section 46.025 or |
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| 52 | 52 | | 46.035, Penal Code; |
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| 53 | 53 | | (5) is determined by the department to have engaged in |
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| 54 | 54 | | conduct constituting a reason to suspend a license listed in |
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| 55 | 55 | | Section 411.187(a) after the person's license has been previously |
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| 56 | 56 | | suspended twice for the same reason; or |
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| 57 | 57 | | (6) submits an application fee that is dishonored or |
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| 58 | 58 | | reversed if the applicant fails to submit a cashier's check or money |
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| 59 | 59 | | order made payable to the "Department of Public Safety of the State |
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| 60 | 60 | | of Texas" in the amount of the dishonored or reversed fee, plus $25, |
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| 61 | 61 | | within 30 days of being notified by the department that the fee was |
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| 62 | 62 | | dishonored or reversed. |
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| 63 | 63 | | SECTION 3. Section 411.198(b), Government Code, is amended |
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| 64 | 64 | | to read as follows: |
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| 65 | 65 | | (b) It is a defense to prosecution under Section 46.025 or |
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| 66 | 66 | | 46.035, Penal Code, that the actor, at the time of the commission of |
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| 67 | 67 | | the offense, was the holder of an alias license issued under this |
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| 68 | 68 | | section. |
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| 69 | 69 | | SECTION 4. Section 411.206(c), Government Code, is amended |
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| 70 | 70 | | to read as follows: |
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| 71 | 71 | | (c) Any judgment of conviction entered by any court for an |
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| 72 | 72 | | offense under Section 46.025 or 46.035, Penal Code, committed by a |
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| 73 | 73 | | license holder must contain the handgun license number of the |
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| 74 | 74 | | convicted license holder. A certified copy of the judgment is |
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| 75 | 75 | | conclusive and sufficient evidence to justify revocation of a |
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| 76 | 76 | | license under Section 411.186(a)(4). |
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| 77 | 77 | | SECTION 5. Section 46.035(d), Penal Code, is repealed. |
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| 78 | 78 | | SECTION 6. The changes in law made by this Act apply only to |
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| 79 | 79 | | an offense committed on or after the effective date of this Act. An |
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| 80 | 80 | | offense committed before the effective date of this Act is governed |
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| 81 | 81 | | by the law in effect on the date the offense was committed, and the |
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| 82 | 82 | | former law is continued in effect for that purpose. For purposes of |
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| 83 | 83 | | this section, an offense was committed before the effective date of |
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| 84 | 84 | | this Act if any element of the offense occurred before that date. |
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| 85 | 85 | | SECTION 7. This Act takes effect September 1, 2021. |
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