89R9412 JDK-F
By: Virdell H.B. No. 2759
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful possession of a firearm by a person
convicted of certain felony offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.04, Penal Code, is amended by
amending Subsection (a) and adding Subsection (a-2) to read as
follows:
(a) A person who has been convicted of a felony described by
Subsection (a-2) commits an offense if the person [he] possesses a
firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.
(a-2) Subsection (a) applies only to a felony:
(1) that has as an element the intentional or knowing
use, attempted use, or threatened use of force; or
(2) under any of the following provisions of the Penal
Code:
(A) Title 5;
(B) Section 25.02;
(C) Section 25.04;
(D) Section 25.08;
(E) Section 28.02;
(F) Chapter 29;
(G) Section 30.02;
(H) Section 42.02;
(I) Section 42.072;
(J) Section 42.09;
(K) Section 42.091;
(L) Section 42.092;
(M) Section 42.10;
(N) Section 42.105;
(O) Section 43.05;
(P) Section 43.25;
(Q) Section 43.251; or
(R) Title 12.
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, 2025.