87R10816 JSC-D
By: Springer S.B. No. 1974
A BILL TO BE ENTITLED
AN ACT
relating to provisions relating to possession or carrying of a
handgun by a person who is a member of a criminal street gang.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 67.052, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) If any criminal information submitted under this
article relates to a person who holds a license to carry a handgun
under Subchapter H, Chapter 411, Government Code, the department
shall promptly provide to the license holder by certified mail to
the license holder's address:
(1) notification regarding the inclusion of the
license holder's information in the department's intelligence
database; and
(2) a description of the process for disputing the
inclusion of information in the database.
SECTION 2. Section 46.02(a-1), Penal Code, is amended to
read as follows:
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle or watercraft that is owned
by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a shoulder or belt
holster; or
(2) the person [is]:
(A) is engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;
(B) is prohibited by law from possessing a
firearm; or
(C) has been previously convicted of an offense
for which the judgment in the case contains an affirmative finding
under Article 42.0197, Code of Criminal Procedure [a member of a
criminal street gang, as defined by Section 71.01].
SECTION 3. Article 67.052(c), Code of Criminal Procedure,
as added by this Act, applies only to a handgun license holder whose
criminal information is submitted on or after the effective date of
this Act to the intelligence database maintained by the Department
of Public Safety of the State of Texas.
SECTION 4. Section 46.02(a-1), Penal Code, as amended 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 5. This Act takes effect September 1, 2021.