| 1 | 1 | | 89R8151 JSC-F |
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| 2 | 2 | | By: Schatzline H.B. No. 1908 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the carrying of a handgun while intoxicated and to the |
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| 10 | 10 | | possession or carrying of a handgun by a license holder in certain |
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| 11 | 11 | | locations selling or serving alcoholic beverages. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 46.01, Penal Code, is amended by adding |
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| 14 | 14 | | Subdivision (21) to read as follows: |
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| 15 | 15 | | (21) "Intoxicated" has the meaning assigned by Section |
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| 16 | 16 | | 49.01. |
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| 17 | 17 | | SECTION 2. Section 46.03, Penal Code, is amended by |
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| 18 | 18 | | amending Subsection (g-2) and adding Subsection (j) to read as |
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| 19 | 19 | | follows: |
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| 20 | 20 | | (g-2) An offense committed under Subsection (a)(8), |
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| 21 | 21 | | (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A |
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| 22 | 22 | | misdemeanor. An offense committed under Subsection (a)(7) is a |
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| 23 | 23 | | Class A misdemeanor if the actor: |
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| 24 | 24 | | (1) commits the offense by possessing or carrying a |
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| 25 | 25 | | handgun that the actor is licensed to carry under Subchapter H, |
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| 26 | 26 | | Chapter 411, Government Code, and not any other weapon to which this |
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| 27 | 27 | | section applies; and |
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| 28 | 28 | | (2) is intoxicated at the time of the offense. |
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| 29 | 29 | | (j) It is a defense to prosecution under Subsection (a)(7) |
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| 30 | 30 | | that the actor: |
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| 31 | 31 | | (1) possesses or carries a handgun that the actor is |
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| 32 | 32 | | licensed to carry under Subchapter H, Chapter 411, Government Code, |
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| 33 | 33 | | and not any other weapon to which this section applies; and |
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| 34 | 34 | | (2) is not intoxicated while possessing or carrying |
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| 35 | 35 | | the handgun in the location described by Subsection (a)(7). |
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| 36 | 36 | | SECTION 3. The change in law made by this Act applies only |
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| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 38 | 38 | | An offense committed before the effective date of this Act is |
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| 39 | 39 | | governed by the law in effect on the date the offense was committed, |
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| 40 | 40 | | and the former law is continued in effect for that purpose. For |
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| 41 | 41 | | purposes of this section, an offense was committed before the |
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| 42 | 42 | | effective date of this Act if any element of the offense occurred |
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| 43 | 43 | | before that date. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2025. |
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