87R2452 MAW-D
By: Blanco S.B. No. 555
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful possession of a firearm by persons
convicted of offenses committed because of bias or prejudice or of
certain felony offenses; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.04, Penal Code, is amended by adding
Subsections (a-1) and (h) and amending Subsection (e) to read as
follows:
(a-1) A person commits an offense if the person possesses a
firearm at any time after the person has been convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Article 42.014, Code of Criminal
Procedure; or
(2) a felony under:
(A) Section 19.02;
(B) Section 19.03;
(C) Chapter 20;
(D) Chapter 20A;
(E) Section 22.01;
(F) Section 22.011;
(G) Section 22.02;
(H) Section 22.021;
(I) Section 22.04;
(J) Section 22.041;
(K) Section 25.07;
(L) Section 25.071;
(M) Section 25.072;
(N) Section 29.02;
(O) Section 29.03; or
(P) Section 42.072.
(e) An offense under Subsection (a) or (a-1) is a felony of
the third degree. An offense under Subsection (b) or (c) is a Class
A misdemeanor.
(h) If conduct that constitutes an offense under Subsection
(a-1) also constitutes an offense under Subsection (a), the actor
may be prosecuted under Subsection (a) or (a-1), but not both. If
conduct that constitutes an offense under Subsection (a-1) also
constitutes an offense under Subsection (b), the actor may be
prosecuted under Subsection (a-1) or (b), but not both.
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.