| 1 | 1 | | By: Bernal H.B. No. 244 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to limiting the locations where a person may carry a |
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| 7 | 7 | | firearm other than a handgun in certain counties; creating a |
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| 8 | 8 | | criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.02, Penal Code, is amended by adding |
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| 11 | 11 | | Subsections (a-9) and (a-10) to read as follows: |
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| 12 | 12 | | (a-9) A person commits an offense if the person: |
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| 13 | 13 | | (1) intentionally, knowingly, or recklessly carries |
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| 14 | 14 | | on or about his or her person a firearm other than a handgun; |
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| 15 | 15 | | (2) is in a county: |
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| 16 | 16 | | (A) with a population of more than 1 million; or |
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| 17 | 17 | | (B) with a population of more than 800,000 and is |
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| 18 | 18 | | adjacent to only one other county located on an international |
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| 19 | 19 | | border; and |
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| 20 | 20 | | (3) is not: |
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| 21 | 21 | | (A) on the person's own premises or premises |
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| 22 | 22 | | under the person's control; or |
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| 23 | 23 | | (B) inside of or directly en route to a motor |
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| 24 | 24 | | vehicle or watercraft that is owned by the person or under the |
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| 25 | 25 | | person's control. |
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| 26 | 26 | | (a-10) It is a defense to prosecution under Subsection (a-9) |
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| 27 | 27 | | that: |
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| 28 | 28 | | (1) the actor was on a premises owned by another or was |
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| 29 | 29 | | inside of or directly en route to a motor vehicle or watercraft that |
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| 30 | 30 | | is owned by another; |
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| 31 | 31 | | (2) the owner of the premises, motor vehicle, or |
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| 32 | 32 | | watercraft gave the actor verbal or written authorization to carry |
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| 33 | 33 | | a firearm on the premises or in the motor vehicle or watercraft, as |
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| 34 | 34 | | applicable; |
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| 35 | 35 | | (3) carrying or possessing a firearm other than a |
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| 36 | 36 | | handgun on those premises or in the motor vehicle or watercraft is |
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| 37 | 37 | | not otherwise prohibited under this chapter or other law; and |
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| 38 | 38 | | (4) the premises, vehicle, or watercraft is not open |
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| 39 | 39 | | to or accessible by the public. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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| 41 | 41 | | an offense committed on or after the effective date of this Act. An |
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| 42 | 42 | | offense committed before the effective date of this Act is governed |
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| 43 | 43 | | by the law in effect on the date the offense was committed, and the |
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| 44 | 44 | | former law is continued in effect for that purpose. For purposes of |
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| 45 | 45 | | this section, an offense was committed before the effective date of |
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| 46 | 46 | | this Act if any element of the offense occurred before that date. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2023. |
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