1 | 1 | | By: Bernal H.B. No. 834 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to limiting the locations where a person may carry a |
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9 | 9 | | firearm other than a handgun in certain counties; creating a |
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10 | 10 | | criminal offense. |
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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 46.02, Penal Code, is amended by adding |
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13 | 13 | | Subsections (a-9) and (a-10) to read as follows: |
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14 | 14 | | (a-9) A person commits an offense if the person: |
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15 | 15 | | (1) intentionally, knowingly, or recklessly carries |
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16 | 16 | | on or about his or her person a firearm other than a handgun; |
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17 | 17 | | (2) is in a county: |
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18 | 18 | | (A) with a population of more than 1 million; or |
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19 | 19 | | (B) with a population of more than 800,000 and is |
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20 | 20 | | adjacent to only one other county located on an international |
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21 | 21 | | border; and |
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22 | 22 | | (3) is not: |
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23 | 23 | | (A) on the person's own premises or premises |
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24 | 24 | | under the person's control; or |
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25 | 25 | | (B) inside of or directly en route to a motor |
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26 | 26 | | vehicle or watercraft that is owned by the person or under the |
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27 | 27 | | person's control. |
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28 | 28 | | (a-10) It is a defense to prosecution under Subsection (a-9) |
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29 | 29 | | that: |
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30 | 30 | | (1) the actor was on a premises owned by another or was |
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31 | 31 | | inside of or directly en route to a motor vehicle or watercraft that |
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32 | 32 | | is owned by another; |
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33 | 33 | | (2) the owner of the premises, motor vehicle, or |
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34 | 34 | | watercraft gave the actor verbal or written authorization to carry |
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35 | 35 | | a firearm on the premises or in the motor vehicle or watercraft, as |
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36 | 36 | | applicable; |
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37 | 37 | | (3) carrying or possessing a firearm other than a |
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38 | 38 | | handgun on those premises or in the motor vehicle or watercraft is |
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39 | 39 | | not otherwise prohibited under this chapter or other law; and |
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40 | 40 | | (4) the premises, vehicle, or watercraft is not open |
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41 | 41 | | to or accessible by the public. |
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42 | 42 | | SECTION 2. The changes in law made by this Act apply only to |
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43 | 43 | | an offense committed on or after the effective date of this Act. An |
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44 | 44 | | offense committed before the effective date of this Act is governed |
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45 | 45 | | by the law in effect on the date the offense was committed, and the |
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46 | 46 | | former law is continued in effect for that purpose. For purposes of |
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47 | 47 | | this section, an offense was committed before the effective date of |
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48 | 48 | | this Act if any element of the offense occurred before that date. |
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49 | 49 | | SECTION 3. This Act takes effect September 1, 2025. |
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