88R24065 JSC-F
By: Thimesch, Frazier, A. Johnson of Harris H.B. No. 4639
A BILL TO BE ENTITLED
AN ACT
relating to unlawfully carrying a handgun in a motor vehicle or
watercraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02(a-1), Penal Code, is amended to
read as follows:
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries a handgun on or
about his or her person [a handgun] in a motor vehicle or watercraft
[that is owned by the person or under the person's control] at any
time in which:
(1) the handgun is in plain view, unless the person is
21 years of age or older or is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code, and the handgun is
carried in a holster; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating; or
(B) prohibited by law from possessing a firearm.
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, 2023.