Texas 2023 - 88th Regular

Texas House Bill HB216 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1485 LHC-D
2	2	By: Ortega H.B. No. 216
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the unlawful carrying of certain firearms; creating a
8	8	criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.02, Penal Code, is amended by adding
11	11	Subsection (a-9) to read as follows:
12	12	(a-9) 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 firearm other than a handgun at any
15	15	time in which the firearm is in plain view; and
16	16	(2) is not:
17	17	(A) on the person's own premises or premises
18	18	under the person's control;
19	19	(B) inside of or directly en route to a motor
20	20	vehicle or watercraft that is owned by the person or under the
21	21	person's control; or
22	22	(C) on privately owned real property with the
23	23	effective consent of the owner of the real property.
24	24	SECTION 2. Sections 46.15(j), (k), and (l), Penal Code, are
25	25	amended to read as follows:
26	26	(j) The provisions of Sections 46.02 and 46.03(a)(7),
27	27	(a-2), (a-3), and (a-4) do not apply to an individual who carries a
28	28	firearm [handgun] as a participant in a historical reenactment
29	29	performed in accordance with the rules of the Texas Alcoholic
30	30	Beverage Commission.
31	31	(k) Section 46.02 does not apply to a person who carries a
32	32	firearm [handgun] if:
33	33	(1) the person carries the firearm [handgun] while:
34	34	(A) evacuating from an area following the
35	35	declaration of a state of disaster under Section 418.014,
36	36	Government Code, or a local state of disaster under Section
37	37	418.108, Government Code, with respect to that area; or
38	38	(B) reentering that area following the person's
39	39	evacuation;
40	40	(2) not more than 168 hours have elapsed since the
41	41	state of disaster or local state of disaster was declared, or more
42	42	than 168 hours have elapsed since the time the declaration was made
43	43	and the governor has extended the period during which a person may
44	44	carry a firearm [handgun] under this subsection; and
45	45	(3) the person is not prohibited by state or federal
46	46	law from possessing a firearm.
47	47	(l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and
48	48	(a)(4) do not apply to a person who carries a firearm [handgun] if:
49	49	(1) the person carries the firearm [handgun] on the
50	50	premises, as defined by the statute providing the applicable
51	51	offense, of a location operating as an emergency shelter during a
52	52	state of disaster declared under Section 418.014, Government Code,
53	53	or a local state of disaster declared under Section 418.108,
54	54	Government Code;
55	55	(2) the owner, controller, or operator of the premises
56	56	or a person acting with the apparent authority of the owner,
57	57	controller, or operator, authorized the carrying of the firearm
58	58	[handgun];
59	59	(3) the person carrying the firearm [handgun] complies
60	60	with any rules and regulations of the owner, controller, or
61	61	operator of the premises that govern the carrying of a firearm
62	62	[handgun] on the premises; and
63	63	(4) the person is not prohibited by state or federal
64	64	law from possessing a firearm.
65	65	SECTION 3. This Act takes effect September 1, 2023.