89R8636 EAS-D
By: Tinderholt H.B. No. 5041
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful possession of a firearm by a person not
lawfully present in the United States; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.04, Penal Code, is amended by adding
Subsection (a-2) and amending Subsection (e) to read as follows:
(a-2) A person commits an offense if the person is not
lawfully present in the United States and possesses a firearm.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (a-2) is a state jail felony.
An offense under Subsection (a-1), (b), or (c) is a Class A
misdemeanor.
SECTION 2. This Act takes effect September 1, 2025.