89R8151 JSC-F
By: Schatzline H.B. No. 1908
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a handgun while intoxicated and to the
possession or carrying of a handgun by a license holder in certain
locations selling or serving alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (21) to read as follows:
(21) "Intoxicated" has the meaning assigned by Section
49.01.
SECTION 2. Section 46.03, Penal Code, is amended by
amending Subsection (g-2) and adding Subsection (j) to read as
follows:
(g-2) An offense committed under Subsection (a)(8),
(a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A
misdemeanor. An offense committed under Subsection (a)(7) is a
Class A misdemeanor if the actor:
(1) commits the offense by possessing or carrying a
handgun that the actor is licensed to carry under Subchapter H,
Chapter 411, Government Code, and not any other weapon to which this
section applies; and
(2) is intoxicated at the time of the offense.
(j) It is a defense to prosecution under Subsection (a)(7)
that the actor:
(1) possesses or carries a handgun that the actor is
licensed to carry under Subchapter H, Chapter 411, Government Code,
and not any other weapon to which this section applies; and
(2) is not intoxicated while possessing or carrying
the handgun in the location described by Subsection (a)(7).
SECTION 3. 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 4. This Act takes effect September 1, 2025.