88S30296 EAS-F By: Bailes H.B. No. 102 A BILL TO BE ENTITLED AN ACT relating to the unlawful possession of a firearm by a person not lawfully present in the United States. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 46.04, Penal Code, is amended by adding Subsection (a-2) and amending Subsection (e) to read as follows: (a-2) A person commits an offense if the person is not lawfully present in the United States and possesses a firearm. (e) An offense under Subsection (a) or (a-2) is a felony of the third degree. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. SECTION 2. This Act takes effect January 1, 2024, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect on the 91st day after the last day of the legislative session.