Texas 2025 - 89th Regular

Texas House Bill HB435 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2629 JSC-D
2	2	By: Rosenthal H.B. No. 435
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting carrying a firearm while intoxicated;
10	10	creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 46, Penal Code, is amended by adding
13	13	Section 46.022 to read as follows:
14	14	Sec. 46.022. UNLAWFUL CARRYING OF FIREARM WHILE
15	15	INTOXICATED. (a) A person commits an offense if, while
16	16	intoxicated, the person carries on or about his or her person a
17	17	firearm, including a handgun or long gun, in a public place.
18	18	(b) An offense under this section is a Class C misdemeanor.
19	19	(c) This section does not apply to:
20	20	(1) a special investigator under Article 2A.002, Code
21	21	of Criminal Procedure, or a peace officer regardless of whether the
22	22	special investigator or peace officer is engaged in the actual
23	23	discharge of the investigator's or officer's duties while carrying
24	24	the firearm; or
25	25	(2) a person who carries a firearm that is unloaded and
26	26	encased in a container.
27	27	(d) It is not a defense to prosecution under this section
28	28	that the actor carried a handgun under the authority of Subchapter
29	29	H, Chapter 411, Government Code, or carried a firearm under another
30	30	law authorizing the carrying of that firearm by a person not
31	31	otherwise prohibited by state or federal law from carrying a
32	32	firearm.
33	33	(e) In this section, "intoxicated" has the meaning assigned
34	34	by Section 49.01.
35	35	(f) For purposes of this section, "public place" does not
36	36	include:
37	37	(1) the interior of a motor vehicle not used for mass
38	38	transit; or
39	39	(2) the actor's private residence, including the
40	40	curtilage of that residence.
41	41	SECTION 2. Section 125.0015(a), Civil Practice and Remedies
42	42	Code, is amended to read as follows:
43	43	(a) A person who maintains a place to which persons
44	44	habitually go for the following purposes and who knowingly
45	45	tolerates the activity and furthermore fails to make reasonable
46	46	attempts to abate the activity maintains a common nuisance:
47	47	(1) discharge of a firearm in a public place as
48	48	prohibited by the Penal Code;
49	49	(2) reckless discharge of a firearm as prohibited by
50	50	the Penal Code;
51	51	(3) engaging in organized criminal activity as a
52	52	member of a combination as prohibited by the Penal Code;
53	53	(4) delivery, possession, manufacture, or use of a
54	54	substance or other item in violation of Chapter 481, Health and
55	55	Safety Code;
56	56	(5) gambling, gambling promotion, or communicating
57	57	gambling information as prohibited by the Penal Code;
58	58	(6) prostitution as described by Section 43.02, Penal
59	59	Code, solicitation of prostitution as described by Section 43.021,
60	60	Penal Code, promotion of prostitution as described by Section
61	61	43.03, Penal Code, or aggravated promotion of prostitution as
62	62	described by Section 43.04, Penal Code;
63	63	(7) compelling prostitution as prohibited by the Penal
64	64	Code;
65	65	(8) commercial manufacture, commercial distribution,
66	66	or commercial exhibition of obscene material as prohibited by the
67	67	Penal Code;
68	68	(9) aggravated assault as described by Section 22.02,
69	69	Penal Code;
70	70	(10) sexual assault as described by Section 22.011,
71	71	Penal Code;
72	72	(11) aggravated sexual assault as described by Section
73	73	22.021, Penal Code;
74	74	(12) robbery as described by Section 29.02, Penal
75	75	Code;
76	76	(13) aggravated robbery as described by Section 29.03,
77	77	Penal Code;
78	78	(14) unlawfully carrying a weapon as described by
79	79	Section 46.02, Penal Code, or unlawfully carrying a firearm while
80	80	intoxicated as described by Section 46.022, Penal Code;
81	81	(15) murder as described by Section 19.02, Penal Code;
82	82	(16) capital murder as described by Section 19.03,
83	83	Penal Code;
84	84	(17) continuous sexual abuse of young child or
85	85	disabled individual as described by Section 21.02, Penal Code;
86	86	(18) massage therapy or other massage services in
87	87	violation of Chapter 455, Occupations Code;
88	88	(19) employing or entering into a contract for the
89	89	performance of work or the provision of a service with an individual
90	90	younger than 21 years of age for work or services performed at a
91	91	sexually oriented business as defined by Section 243.002, Local
92	92	Government Code;
93	93	(20) trafficking of persons as described by Section
94	94	20A.02, Penal Code;
95	95	(21) sexual conduct or performance by a child as
96	96	described by Section 43.25, Penal Code;
97	97	(22) employment harmful to a child as described by
98	98	Section 43.251, Penal Code;
99	99	(23) criminal trespass as described by Section 30.05,
100	100	Penal Code;
101	101	(24) disorderly conduct as described by Section 42.01,
102	102	Penal Code;
103	103	(25) arson as described by Section 28.02, Penal Code;
104	104	(26) criminal mischief as described by Section 28.03,
105	105	Penal Code, that causes a pecuniary loss of $500 or more;
106	106	(27) a graffiti offense in violation of Section 28.08,
107	107	Penal Code; or
108	108	(28) permitting an individual younger than 18 years of
109	109	age to enter the premises of a sexually oriented business as defined
110	110	by Section 243.002, Local Government Code.
111	111	SECTION 3. Section 9.31(b), Penal Code, is amended to read
112	112	as follows:
113	113	(b) The use of force against another is not justified:
114	114	(1) in response to verbal provocation alone;
115	115	(2) to resist an arrest or search that the actor knows
116	116	is being made by a peace officer, or by a person acting in a peace
117	117	officer's presence and at his direction, even though the arrest or
118	118	search is unlawful, unless the resistance is justified under
119	119	Subsection (c);
120	120	(3) if the actor consented to the exact force used or
121	121	attempted by the other;
122	122	(4) if the actor provoked the other's use or attempted
123	123	use of unlawful force, unless:
124	124	(A) the actor abandons the encounter, or clearly
125	125	communicates to the other his intent to do so reasonably believing
126	126	he cannot safely abandon the encounter; and
127	127	(B) the other nevertheless continues or attempts
128	128	to use unlawful force against the actor; or
129	129	(5) if the actor sought an explanation from or
130	130	discussion with the other person concerning the actor's differences
131	131	with the other person while the actor was:
132	132	(A) carrying a weapon in violation of Section
133	133	46.02; [or]
134	134	(B) carrying a firearm while intoxicated in
135	135	violation of Section 46.022; or
136	136	(C) possessing or transporting a weapon in
137	137	violation of Section 46.05.
138	138	SECTION 4. Section 46.02(a-6), Penal Code, is repealed.
139	139	SECTION 5. The change in law made by this Act applies only
140	140	to an offense committed on or after the effective date of this Act.
141	141	An offense committed before the effective date of this Act is
142	142	governed by the law in effect on the date the offense was committed,
143	143	and the former law is continued in effect for that purpose. For
144	144	purposes of this section, an offense was committed before the
145	145	effective date of this Act if any element of the offense occurred
146	146	before that date.
147	147	SECTION 6. This Act takes effect September 1, 2025.