Texas 2023 - 88th Regular

Texas House Bill HB1343 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5773 JSC-D
2	2	By: Rosenthal H.B. No. 1343
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting carrying a firearm while intoxicated;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 46, Penal Code, is amended by adding
11	11	Section 46.022 to read as follows:
12	12	Sec. 46.022. UNLAWFUL CARRYING OF FIREARM WHILE
13	13	INTOXICATED. (a) A person commits an offense if, while
14	14	intoxicated, the person carries on or about his or her person a
15	15	firearm, including a handgun or long gun, in a public place.
16	16	(b) An offense under this section is a Class C misdemeanor.
17	17	(c) This section does not apply to:
18	18	(1) a special investigator under Article 2.122, Code
19	19	of Criminal Procedure, or a peace officer regardless of whether the
20	20	special investigator or peace officer is engaged in the actual
21	21	discharge of the investigator's or officer's duties while carrying
22	22	the firearm; or
23	23	(2) a person who carries a firearm that is unloaded and
24	24	encased in a container.
25	25	(d) It is not a defense to prosecution under this section
26	26	that the actor carried a handgun under the authority of Subchapter
27	27	H, Chapter 411, Government Code, or carried a firearm under another
28	28	law authorizing the carrying of that firearm by a person not
29	29	otherwise prohibited by state or federal law from carrying a
30	30	firearm.
31	31	(e) In this section, "intoxicated" has the meaning assigned
32	32	by Section 49.01.
33	33	(f) For purposes of this section, "public place" does not
34	34	include:
35	35	(1) the interior of a motor vehicle not used for mass
36	36	transit; or
37	37	(2) the actor's private residence, including the
38	38	curtilage of that residence.
39	39	SECTION 2. Section 125.0015(a), Civil Practice and Remedies
40	40	Code, is amended to read as follows:
41	41	(a) A person who maintains a place to which persons
42	42	habitually go for the following purposes and who knowingly
43	43	tolerates the activity and furthermore fails to make reasonable
44	44	attempts to abate the activity maintains a common nuisance:
45	45	(1) discharge of a firearm in a public place as
46	46	prohibited by the Penal Code;
47	47	(2) reckless discharge of a firearm as prohibited by
48	48	the Penal Code;
49	49	(3) engaging in organized criminal activity as a
50	50	member of a combination as prohibited by the Penal Code;
51	51	(4) delivery, possession, manufacture, or use of a
52	52	substance or other item in violation of Chapter 481, Health and
53	53	Safety Code;
54	54	(5) gambling, gambling promotion, or communicating
55	55	gambling information as prohibited by the Penal Code;
56	56	(6) prostitution as described by Section 43.02, Penal
57	57	Code, solicitation of prostitution as described by Section 43.021,
58	58	Penal Code, promotion of prostitution as described by Section
59	59	43.03, Penal Code, or aggravated promotion of prostitution as
60	60	described by Section 43.04, Penal Code;
61	61	(7) compelling prostitution as prohibited by the Penal
62	62	Code;
63	63	(8) commercial manufacture, commercial distribution,
64	64	or commercial exhibition of obscene material as prohibited by the
65	65	Penal Code;
66	66	(9) aggravated assault as described by Section 22.02,
67	67	Penal Code;
68	68	(10) sexual assault as described by Section 22.011,
69	69	Penal Code;
70	70	(11) aggravated sexual assault as described by Section
71	71	22.021, Penal Code;
72	72	(12) robbery as described by Section 29.02, Penal
73	73	Code;
74	74	(13) aggravated robbery as described by Section 29.03,
75	75	Penal Code;
76	76	(14) unlawfully carrying a weapon as described by
77	77	Section 46.02, Penal Code, or unlawfully carrying a firearm while
78	78	intoxicated as described by Section 46.022, Penal Code;
79	79	(15) murder as described by Section 19.02, Penal Code;
80	80	(16) capital murder as described by Section 19.03,
81	81	Penal Code;
82	82	(17) continuous sexual abuse of young child or
83	83	disabled individual as described by Section 21.02, Penal Code;
84	84	(18) massage therapy or other massage services in
85	85	violation of Chapter 455, Occupations Code;
86	86	(19) employing or entering into a contract for the
87	87	performance of work or the provision of a service with an individual
88	88	younger than 21 years of age for work or services performed at a
89	89	sexually oriented business as defined by Section 243.002, Local
90	90	Government Code;
91	91	(20) trafficking of persons as described by Section
92	92	20A.02, Penal Code;
93	93	(21) sexual conduct or performance by a child as
94	94	described by Section 43.25, Penal Code;
95	95	(22) employment harmful to a child as described by
96	96	Section 43.251, Penal Code;
97	97	(23) criminal trespass as described by Section 30.05,
98	98	Penal Code;
99	99	(24) disorderly conduct as described by Section 42.01,
100	100	Penal Code;
101	101	(25) arson as described by Section 28.02, Penal Code;
102	102	(26) criminal mischief as described by Section 28.03,
103	103	Penal Code, that causes a pecuniary loss of $500 or more;
104	104	(27) a graffiti offense in violation of Section 28.08,
105	105	Penal Code; or
106	106	(28) permitting an individual younger than 18 years of
107	107	age to enter the premises of a sexually oriented business as defined
108	108	by Section 243.002, Local Government Code.
109	109	SECTION 3. Section 9.31(b), Penal Code, is amended to read
110	110	as follows:
111	111	(b) The use of force against another is not justified:
112	112	(1) in response to verbal provocation alone;
113	113	(2) to resist an arrest or search that the actor knows
114	114	is being made by a peace officer, or by a person acting in a peace
115	115	officer's presence and at his direction, even though the arrest or
116	116	search is unlawful, unless the resistance is justified under
117	117	Subsection (c);
118	118	(3) if the actor consented to the exact force used or
119	119	attempted by the other;
120	120	(4) if the actor provoked the other's use or attempted
121	121	use of unlawful force, unless:
122	122	(A) the actor abandons the encounter, or clearly
123	123	communicates to the other his intent to do so reasonably believing
124	124	he cannot safely abandon the encounter; and
125	125	(B) the other nevertheless continues or attempts
126	126	to use unlawful force against the actor; or
127	127	(5) if the actor sought an explanation from or
128	128	discussion with the other person concerning the actor's differences
129	129	with the other person while the actor was:
130	130	(A) carrying a weapon in violation of Section
131	131	46.02; [or]
132	132	(B) carrying a firearm while intoxicated in
133	133	violation of Section 46.022; or
134	134	(C) possessing or transporting a weapon in
135	135	violation of Section 46.05.
136	136	SECTION 4. Section 46.02(a-6), Penal Code, is repealed.
137	137	SECTION 5. The change in law made by this Act applies only
138	138	to an offense committed on or after the effective date of this Act.
139	139	An offense committed before the effective date of this Act is
140	140	governed by the law in effect on the date the offense was committed,
141	141	and the former law is continued in effect for that purpose. For
142	142	purposes of this section, an offense was committed before the
143	143	effective date of this Act if any element of the offense occurred
144	144	before that date.
145	145	SECTION 6. This Act takes effect September 1, 2023.