Texas 2023 - 88th Regular

Texas House Bill HB1072 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4692 AJZ-D
2	2	By: Ramos H.B. No. 1072
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offenses of unlawful carrying of
8	8	certain weapons and unlawful transfer of certain weapons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.02(a-4), Penal Code, is amended to
11	11	read as follows:
12	12	(a-4) A person commits an offense if the person:
13	13	(1) intentionally, knowingly, or recklessly carries
14	14	on or about his or her person a location-restricted knife;
15	15	(2) is younger than 21 [18] years of age at the time of
16	16	the offense; and
17	17	(3) is not:
18	18	(A) on the person's own premises or premises
19	19	under the person's control;
20	20	(B) inside of or directly en route to a motor
21	21	vehicle or watercraft that is owned by the person or under the
22	22	person's control; or
23	23	(C) under the direct supervision of a parent or
24	24	legal guardian of the person.
25	25	SECTION 2. Sections 46.06(a) and (d), Penal Code, are
26	26	amended to read as follows:
27	27	(a) A person commits an offense if the person:
28	28	(1) sells, rents, leases, loans, or gives a handgun to
29	29	any person knowing that the person to whom the handgun is to be
30	30	delivered intends to use it unlawfully or in the commission of an
31	31	unlawful act;
32	32	(2) intentionally or knowingly sells, rents, leases,
33	33	or gives or offers to sell, rent, lease, or give to any person
34	34	[child] younger than 21 [18] years of age any:
35	35	(A) firearm, including an assault-style weapon;
36	36	(B) club; [,] or
37	37	(C) location-restricted knife;
38	38	(3) intentionally, knowingly, or recklessly sells a
39	39	firearm or ammunition for a firearm to any person who is
40	40	intoxicated;
41	41	(4) knowingly sells a firearm or ammunition for a
42	42	firearm to any person who has been convicted of a felony before the
43	43	fifth anniversary of the later of the following dates:
44	44	(A) the person's release from confinement
45	45	following conviction of the felony; or
46	46	(B) the person's release from supervision under
47	47	community supervision, parole, or mandatory supervision following
48	48	conviction of the felony;
49	49	(5) sells, rents, leases, loans, or gives a handgun to
50	50	any person knowing that an active protective order is directed to
51	51	the person to whom the handgun is to be delivered;
52	52	(6) knowingly purchases, rents, leases, or receives as
53	53	a loan or gift from another a handgun while an active protective
54	54	order is directed to the actor; or
55	55	(7) while prohibited from possessing a firearm under
56	56	state or federal law, knowingly makes a material false statement on
57	57	a form that is:
58	58	(A) required by state or federal law for the
59	59	purchase, sale, or other transfer of a firearm; and
60	60	(B) submitted to a [licensed] firearms dealer
61	61	licensed under [, as defined by] 18 U.S.C. Section 923.
62	62	(d) An offense under this section is a Class A misdemeanor,
63	63	except that:
64	64	(1) an offense under Subsection (a)(2) is a state jail
65	65	felony if the weapon that is the subject of the offense is a firearm
66	66	[handgun]; and
67	67	(2) an offense under Subsection (a)(7) is a state jail
68	68	felony.
69	69	SECTION 3. Section 46.06(c), Penal Code, is repealed.
70	70	SECTION 4. The change in law made by this Act applies only
71	71	to an offense committed on or after the effective date of this Act.
72	72	An offense committed before the effective date of this Act is
73	73	governed by the law in effect on the date the offense was committed,
74	74	and the former law is continued in effect for that purpose. For
75	75	purposes of this section, an offense was committed before the
76	76	effective date of this Act if any element of the offense occurred
77	77	before that date.
78	78	SECTION 5. This Act takes effect September 1, 2023.