| 1 | 1 | | 89R9412 JDK-F |
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| 2 | 2 | | By: Virdell H.B. No. 2759 |
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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 unlawful possession of a firearm by a person |
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| 10 | 10 | | convicted of certain felony offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 46.04, Penal Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsection (a-2) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) A person who has been convicted of a felony described by |
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| 16 | 16 | | Subsection (a-2) commits an offense if the person [he] possesses a |
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| 17 | 17 | | firearm: |
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| 18 | 18 | | (1) after conviction and before the fifth anniversary |
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| 19 | 19 | | of the person's release from confinement following conviction of |
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| 20 | 20 | | the felony or the person's release from supervision under community |
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| 21 | 21 | | supervision, parole, or mandatory supervision, whichever date is |
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| 22 | 22 | | later; or |
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| 23 | 23 | | (2) after the period described by Subdivision (1), at |
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| 24 | 24 | | any location other than the premises at which the person lives. |
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| 25 | 25 | | (a-2) Subsection (a) applies only to a felony: |
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| 26 | 26 | | (1) that has as an element the intentional or knowing |
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| 27 | 27 | | use, attempted use, or threatened use of force; or |
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| 28 | 28 | | (2) under any of the following provisions of the Penal |
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| 29 | 29 | | Code: |
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| 30 | 30 | | (A) Title 5; |
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| 31 | 31 | | (B) Section 25.02; |
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| 32 | 32 | | (C) Section 25.04; |
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| 33 | 33 | | (D) Section 25.08; |
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| 34 | 34 | | (E) Section 28.02; |
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| 35 | 35 | | (F) Chapter 29; |
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| 36 | 36 | | (G) Section 30.02; |
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| 37 | 37 | | (H) Section 42.02; |
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| 38 | 38 | | (I) Section 42.072; |
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| 39 | 39 | | (J) Section 42.09; |
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| 40 | 40 | | (K) Section 42.091; |
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| 41 | 41 | | (L) Section 42.092; |
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| 42 | 42 | | (M) Section 42.10; |
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| 43 | 43 | | (N) Section 42.105; |
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| 44 | 44 | | (O) Section 43.05; |
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| 45 | 45 | | (P) Section 43.25; |
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| 46 | 46 | | (Q) Section 43.251; or |
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| 47 | 47 | | (R) Title 12. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | governed by the law in effect on the date the offense was committed, |
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| 52 | 52 | | and the former law is continued in effect for that purpose. For |
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| 53 | 53 | | purposes of this section, an offense was committed before the |
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| 54 | 54 | | effective date of this Act if any element of the offense occurred |
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| 55 | 55 | | before that date. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2025. |
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