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A BILL TO BE ENTITLED
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AN ACT
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relating to provisions governing the carrying of a firearm by a |
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person who is 21 years of age or older and not otherwise prohibited |
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by state or federal law from possessing the firearm and to other |
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provisions related to the carrying, possessing, transporting, or |
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storing of a firearm or other weapon; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Firearm Carry Act |
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of 2021. |
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SECTION 2. The Legislature of the State of Texas finds that: |
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(1) The Second Amendment of the United States |
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Constitution protects an individual right to keep and bear arms, |
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and to possess a firearm unconnected with service in a militia, and |
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to use that firearm for traditionally lawful purposes, such as |
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self-defense within the home; |
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(2) Section 23, Article I, of the Texas Constitution |
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secures for Texas citizens the right to keep and bear arms; |
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(3) persons who are currently prohibited from |
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possessing firearms under state and federal law will not gain the |
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right to possess or carry a firearm under this legislation; and |
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(4) persons who are currently prohibited from |
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possessing a firearm include: persons convicted of a felony as |
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described by the provisions of Section 46.04, Penal Code, persons |
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convicted of certain assault offenses under Section 22.01, Penal |
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Code, punishable as a Class A misdemeanor and involving a member of |
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the person's family or household, certain persons who are the |
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subject of a protective order under Section 46.04(c), Penal Code, |
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and persons meeting any of the criteria listed in 18 U.S.C. Section |
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922(g), including persons adjudicated to be mentally incompetent. |
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SECTION 3. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h)(1) A peace officer who is acting in the lawful discharge |
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of the officer's official duties may disarm a person at any time the |
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officer reasonably believes it is necessary for the protection of |
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the person, officer, or another individual. The peace officer |
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shall return the weapon to the person before discharging the person |
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from the scene if the officer determines that the person is not a |
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threat to the officer, person, or another individual and if the |
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person has not committed a violation that results in the arrest of |
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the person. |
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(2) A peace officer who is acting in the lawful |
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discharge of the officer's official duties may temporarily disarm a |
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person when the person enters a nonpublic, secure portion of a law |
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enforcement facility, if the law enforcement agency provides a |
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weapons locker where the peace officer can secure the person's |
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weapon. The peace officer shall secure the weapon in the locker and |
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shall return the weapon to the person immediately after the person |
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leaves the nonpublic, secure portion of the law enforcement |
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facility. |
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(3) For purposes of this subsection, "law enforcement |
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facility" and "nonpublic, secure portion of a law enforcement |
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facility" have the meanings assigned by Section 411.207, Government |
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Code. |
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SECTION 4. Section 37.0815(b), Education Code, is amended |
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to read as follows: |
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(b) This section does not authorize a person to possess, |
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transport, or store a handgun, a firearm, or ammunition in |
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violation of Section 37.125 of this code, Section 46.03 [or |
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46.035], Penal Code, or other law. |
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SECTION 5. Sections 411.186(a), (c), and (d), Government |
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Code, are amended to read as follows: |
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(a) The department shall revoke a license under this section |
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if the license holder: |
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(1) was not entitled to the license at the time it was |
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issued; |
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(2) made a material misrepresentation or failed to |
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disclose a material fact in an application submitted under this |
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subchapter; |
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(3) subsequently becomes ineligible for a license |
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under Section 411.172, unless the sole basis for the ineligibility |
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is that the license holder is charged with the commission of a Class |
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A or Class B misdemeanor or equivalent offense, or of an offense |
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under Section 42.01, Penal Code, or equivalent offense, or of a |
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felony under an information or indictment; |
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(4) [is convicted of an offense under Section 46.035, |
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Penal Code; |
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[(5)] is determined by the department to have engaged |
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in conduct constituting a reason to suspend a license listed in |
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Section 411.187(a) after the person's license has been previously |
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suspended twice for the same reason; or |
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(5) [(6)] submits an application fee that is |
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dishonored or reversed if the applicant fails to submit a cashier's |
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check or money order made payable to the "Department of Public |
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Safety of the State of Texas" in the amount of the dishonored or |
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reversed fee, plus $25, within 30 days of being notified by the |
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department that the fee was dishonored or reversed. |
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(c) A license holder whose license is revoked for a reason |
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listed in Subsections (a)(1)-(4) [(a)(1)-(5)] may reapply as a new |
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applicant for the issuance of a license under this subchapter after |
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the second anniversary of the date of the revocation if the cause |
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for revocation does not exist on the date of the second anniversary. |
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If the cause for revocation exists on the date of the second |
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anniversary after the date of revocation, the license holder may |
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not apply for a new license until the cause for revocation no longer |
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exists and has not existed for a period of two years. |
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(d) A license holder whose license is revoked under |
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Subsection (a)(5) [(a)(6)] may reapply for an original or renewed |
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license at any time, provided the application fee and a dishonored |
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payment charge of $25 is paid by cashier's check or money order made |
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payable to the "Texas Department of Public Safety." |
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SECTION 6. Section 411.203, Government Code, is amended to |
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read as follows: |
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Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does |
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not prevent or otherwise limit the right of a public or private |
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employer to prohibit persons who are licensed under this subchapter |
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from carrying a handgun on the premises of the business. In this |
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section, "premises" has the meaning assigned by Section 46.03 |
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[46.035(f)(3)], Penal Code. |
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SECTION 7. Section 411.2031(a)(3), Government Code, is |
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amended to read as follows: |
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(3) "Premises" has the meaning assigned by Section |
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46.03 [46.035], Penal Code. |
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SECTION 8. Sections 411.209(a) and (j), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (i), a state agency or |
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a political subdivision of the state may not take any action, |
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including an action consisting of the provision of notice by a |
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communication described by Section 30.06 or 30.07, Penal Code, that |
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states or implies that a license holder who is carrying a handgun |
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under the authority of this subchapter is prohibited from entering |
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or remaining on a premises or other place owned or leased by the |
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governmental entity unless license holders are prohibited from |
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carrying a handgun on the premises or other place by Section 46.03 |
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[or 46.035], Penal Code, or other law. |
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(j) In this section, "premises" has the meaning assigned by |
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Section 46.03 [46.035], Penal Code. |
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SECTION 9. Section 552.002(a)(1), Health and Safety Code, |
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is amended to read as follows: |
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(1) "License holder" has the meaning assigned by |
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Section 46.03 [46.035(f)], Penal Code. |
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SECTION 10. Section 773.0145(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) This section applies to: |
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(1) an amusement park, as defined by Section 46.03 |
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[46.035], Penal Code; |
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(2) a child-care facility, as defined by Section |
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42.002, Human Resources Code; |
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(3) a day camp or youth camp, as defined by Section |
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141.002; |
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(4) a private or independent institution of higher |
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education, as defined by Section 61.003, Education Code; |
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(5) a restaurant, as defined by Section 17.821, |
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Business & Commerce Code; |
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(6) a sports venue, as defined by Section 504.151, |
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Local Government Code; |
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(7) a youth center, as defined by Section 481.134; or |
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(8) subject to Subsection (b), any other entity that |
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the executive commissioner by rule designates as an entity that |
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would benefit from the possession and administration of epinephrine |
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auto-injectors. |
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SECTION 11. Section 52.062(b), Labor Code, is amended to |
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read as follows: |
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(b) Section 52.061 does not prohibit an employer from |
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prohibiting an employee who holds a license to carry a handgun under |
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Subchapter H, Chapter 411, Government Code, or who otherwise |
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lawfully possesses a firearm, from possessing a firearm the |
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employee is otherwise authorized by law to possess on the premises |
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of the employer's business. In this subsection, "premises" has the |
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meaning assigned by Section 46.03 [46.035(f)(3)], Penal Code. |
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SECTION 12. Section 30.05, Penal Code, is amended by |
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amending Subsections (d) and (f) and adding Subsections (d-3) and |
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(f-4) to read as follows: |
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(d) Subject to Subsection (d-3), an [An] offense under this |
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section is: |
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(1) a Class B misdemeanor, except as provided by |
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Subdivisions (2) and (3); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivision (3), if the offense is committed: |
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(A) on agricultural land and within 100 feet of |
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the boundary of the land; or |
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(B) on residential land and within 100 feet of a |
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protected freshwater area; and |
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(3) a Class A misdemeanor if: |
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(A) the offense is committed: |
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(i) in a habitation or a shelter center; |
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(ii) on a Superfund site; or |
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(iii) on or in a critical infrastructure |
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facility; |
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(B) the offense is committed on or in property of |
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an institution of higher education and it is shown on the trial of |
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the offense that the person has previously been convicted of: |
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(i) an offense under this section relating |
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to entering or remaining on or in property of an institution of |
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higher education; or |
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(ii) an offense under Section 51.204(b)(1), |
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Education Code, relating to trespassing on the grounds of an |
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institution of higher education; or |
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(C) the person carries a deadly weapon during the |
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commission of the offense. |
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(d-3) An offense under this section is a Class C misdemeanor |
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punishable by a fine not to exceed $200 if the person enters the |
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property, land, or building with a firearm or other weapon and the |
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sole basis on which entry on the property or land or in the building |
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was forbidden is that entry with a firearm or other weapon was |
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forbidden, except that the offense is a Class A misdemeanor if it is |
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shown on the trial of the offense that, after entering the property, |
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land, or building with the firearm or other weapon, the actor |
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personally received notice by oral communication from the owner of |
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the property, or from another person with apparent authority to act |
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for the owner, that entry with a firearm or other weapon was |
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forbidden and subsequently failed to depart. |
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(f) It is a defense to prosecution under this section that: |
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(1) the basis on which entry on the property or land or |
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in the building was forbidden is that entry with a handgun was |
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forbidden; and |
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(2) the person was carrying: |
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(A) a license issued under Subchapter H, Chapter |
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411, Government Code, to carry a handgun; and |
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(B) a handgun: |
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(i) in a concealed manner; or |
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(ii) in a [shoulder or belt] holster. |
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(f-4) It is a defense to prosecution under this section |
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that: |
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(1) the sole basis on which entry on the property or |
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land or in the building was forbidden is that entry with a firearm |
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or other weapon was forbidden; and |
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(2) the actor personally received notice by oral |
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communication from the owner of the property, or from another |
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person with apparent authority to act for the owner, that entry with |
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a firearm or other weapon was forbidden and promptly departed from |
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the property. |
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SECTION 13. Section 30.06(c)(2), Penal Code, is amended to |
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read as follows: |
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(2) "License holder" has the meaning assigned by |
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Section 46.03 [46.035(f)]. |
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SECTION 14. Section 30.06(e), Penal Code, is amended to |
|
read as follows: |
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(e) It is an exception to the application of this section |
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that the property on which the license holder carries a handgun is |
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owned or leased by a governmental entity and is not a premises or |
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other place on which the license holder is prohibited from carrying |
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the handgun under Section 46.03 [or 46.035]. |
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SECTION 15. Section 30.07(c)(2), Penal Code, is amended to |
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read as follows: |
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(2) "License holder" has the meaning assigned by |
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Section 46.03 [46.035(f)]. |
|
SECTION 16. Sections 30.07(e) and (f), Penal Code, are |
|
amended to read as follows: |
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(e) It is an exception to the application of this section |
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that the property on which the license holder openly carries the |
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handgun is owned or leased by a governmental entity and is not a |
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premises or other place on which the license holder is prohibited |
|
from carrying the handgun under Section 46.03 [or 46.035]. |
|
(f) It is not a defense to prosecution under this section |
|
that the handgun was carried in a [shoulder or belt] holster. |
|
SECTION 17. Section 46.02, Penal Code, is amended by |
|
amending Subsections (a), (a-1), and (b) and adding Subsection |
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(a-5) to read as follows: |
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(a) A person commits an offense if the person: |
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(1) intentionally, knowingly, or recklessly carries |
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on or about his or her person a handgun; [and] |
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(2) is younger than 21 years of age at the time of the |
|
offense; and |
|
(3) is not: |
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(A) on the person's own premises or premises |
|
under the person's control; or |
|
(B) inside of or directly en route to a motor |
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vehicle or watercraft that is owned by the person or under the |
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person's control. |
|
(a-1) A person younger than 21 years of age commits an |
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offense if the person intentionally, knowingly, or recklessly |
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carries on or about his or her person a handgun in a motor vehicle or |
|
watercraft that is owned by the person or under the person's control |
|
at any time in which: |
|
(1) the handgun is in plain view, unless the person is |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code, and the handgun is carried in a [shoulder or belt] |
|
holster; or |
|
(2) the person is: |
|
(A) engaged in criminal activity, other than a |
|
Class C misdemeanor that is a violation of a law or ordinance |
|
regulating traffic or boating; or |
|
(B) prohibited by law from possessing a firearm[; |
|
or |
|
[(C) a member of a criminal street gang, as |
|
defined by Section 71.01]. |
|
(a-5) A person commits an offense if the person carries a |
|
handgun and intentionally displays the handgun in plain view of |
|
another person in a public place. It is an exception to the |
|
application of this subsection that the handgun was partially or |
|
wholly visible but was carried in a holster. |
|
(b) Except as provided by Subsection [(c) or] (d), an |
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offense under this section is a Class A misdemeanor. |
|
SECTION 18. Section 46.03, Penal Code, is amended by |
|
amending Subsections (a), (c), (e-1), (e-2), and (g) and adding |
|
Subsections (a-2), (a-3), (a-4), and (g-2) to read as follows: |
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(a) A person commits an offense if the person intentionally, |
|
knowingly, or recklessly possesses or goes with a firearm, |
|
location-restricted knife, club, or prohibited weapon listed in |
|
Section 46.05(a): |
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(1) on the physical premises of a school or |
|
educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
|
conducted, or a passenger transportation vehicle of a school or |
|
educational institution, whether the school or educational |
|
institution is public or private, unless: |
|
(A) pursuant to written regulations or written |
|
authorization of the institution; or |
|
(B) the person possesses or goes with a concealed |
|
handgun that the person is licensed to carry under Subchapter H, |
|
Chapter 411, Government Code, and no other weapon to which this |
|
section applies, on the premises of an institution of higher |
|
education or private or independent institution of higher |
|
education, on any grounds or building on which an activity |
|
sponsored by the institution is being conducted, or in a passenger |
|
transportation vehicle of the institution; |
|
(2) on the premises of a polling place on the day of an |
|
election or while early voting is in progress; |
|
(3) on the premises of any government court or offices |
|
utilized by the court, unless pursuant to written regulations or |
|
written authorization of the court; |
|
(4) on the premises of a racetrack; |
|
(5) in or into a secured area of an airport; [or] |
|
(6) within 1,000 feet of premises the location of |
|
which is designated by the Texas Department of Criminal Justice as a |
|
place of execution under Article 43.19, Code of Criminal Procedure, |
|
on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
|
(A) going within 1,000 feet of the premises with |
|
a weapon listed under this subsection was prohibited; or |
|
(B) possessing a weapon listed under this |
|
subsection within 1,000 feet of the premises was prohibited; |
|
(7) on the premises of a business that has a permit or |
|
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|
Beverage Code, if the business derives 51 percent or more of its |
|
income from the sale or service of alcoholic beverages for |
|
on-premises consumption, as determined by the Texas Alcoholic |
|
Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
|
(8) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
|
place, unless the person is a participant in the event and a |
|
firearm, location-restricted knife, club, or prohibited weapon |
|
listed in Section 46.05(a) is used in the event; |
|
(9) on the premises of a correctional facility; |
|
(10) on the premises of a civil commitment facility; |
|
(11) on the premises of a hospital licensed under |
|
Chapter 241, Health and Safety Code, or on the premises of a nursing |
|
facility licensed under Chapter 242, Health and Safety Code, unless |
|
the person has written authorization of the hospital or nursing |
|
facility administration, as appropriate; |
|
(12) on the premises of a mental hospital, as defined |
|
by Section 571.003, Health and Safety Code, unless the person has |
|
written authorization of the mental hospital administration; or |
|
(13) in an amusement park. |
|
(a-2) Notwithstanding Section 46.02(a-5), a license holder |
|
commits an offense if the license holder carries a partially or |
|
wholly visible handgun, regardless of whether the handgun is |
|
holstered, on or about the license holder's person under the |
|
authority of Subchapter H, Chapter 411, Government Code, and |
|
intentionally or knowingly displays the handgun in plain view of |
|
another person: |
|
(1) on the premises of an institution of higher |
|
education or private or independent institution of higher |
|
education; or |
|
(2) on any public or private driveway, street, |
|
sidewalk or walkway, parking lot, parking garage, or other parking |
|
area of an institution of higher education or private or |
|
independent institution of higher education. |
|
(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), |
|
a license holder commits an offense if the license holder carries a |
|
handgun on the campus of a private or independent institution of |
|
higher education in this state that has established rules, |
|
regulations, or other provisions prohibiting license holders from |
|
carrying handguns pursuant to Section 411.2031(e), Government |
|
Code, or on the grounds or building on which an activity sponsored |
|
by such an institution is being conducted, or in a passenger |
|
transportation vehicle of such an institution, regardless of |
|
whether the handgun is concealed, provided the institution gives |
|
effective notice under Section 30.06. |
|
(a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), |
|
a license holder commits an offense if the license holder |
|
intentionally carries a concealed handgun on a portion of a |
|
premises located on the campus of an institution of higher |
|
education in this state on which the carrying of a concealed handgun |
|
is prohibited by rules, regulations, or other provisions |
|
established under Section 411.2031(d-1), Government Code, provided |
|
the institution gives effective notice under Section 30.06 with |
|
respect to that portion. |
|
(c) In this section: |
|
(1) "Amusement park" means a permanent indoor or |
|
outdoor facility or park where amusement rides are available for |
|
use by the public that is located in a county with a population of |
|
more than one million, encompasses at least 75 acres in surface |
|
area, is enclosed with access only through controlled entries, is |
|
open for operation more than 120 days in each calendar year, and has |
|
security guards on the premises at all times. The term does not |
|
include any public or private driveway, street, sidewalk or |
|
walkway, parking lot, parking garage, or other parking area. |
|
(2) "Institution of higher education" and "private or |
|
independent institution of higher education" have the meanings |
|
assigned by Section 61.003, Education Code. |
|
(3) "License holder" means a person licensed to carry |
|
a handgun under Subchapter H, Chapter 411, Government Code. |
|
(4) "Premises" means a building or a portion of a |
|
building. The term does not include any public or private driveway, |
|
street, sidewalk or walkway, parking lot, parking garage, or other |
|
parking area. |
|
(5) [(2) "Amusement park" and "premises" have the |
|
meanings assigned by Section 46.035. |
|
[(3)] "Secured area" means an area of an airport |
|
terminal building to which access is controlled by the inspection |
|
of persons and property under federal law. |
|
(e-1) It is a defense to prosecution under Subsection (a)(5) |
|
that the actor: |
|
(1) possessed, at the screening checkpoint for the |
|
secured area, a [concealed] handgun that the actor was licensed to |
|
carry under Subchapter H, Chapter 411, Government Code; and |
|
(2) exited the screening checkpoint for the secured |
|
area immediately upon completion of the required screening |
|
processes and notification that the actor possessed the handgun. |
|
(e-2) A peace officer investigating conduct that may |
|
constitute an offense under Subsection (a)(5) and that consists |
|
only of an actor's possession of a [concealed] handgun that the |
|
actor is licensed to carry under Subchapter H, Chapter 411, |
|
Government Code, may not arrest the actor for the offense unless: |
|
(1) the officer advises the actor of the defense |
|
available under Subsection (e-1) and gives the actor an opportunity |
|
to exit the screening checkpoint for the secured area; and |
|
(2) the actor does not immediately exit the checkpoint |
|
upon completion of the required screening processes. |
|
(g) Except as provided by Subsections [Subsection] (g-1) |
|
and (g-2), an offense under this section is a felony of the third |
|
degree. |
|
(g-2) A offense committed under Subsection (a)(8), (a)(10), |
|
(a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. |
|
SECTION 19. Section 46.04, Penal Code, is amended by adding |
|
Subsection (a-1) and amending Subsection (e) to read as follows: |
|
(a-1) A person who is a member of a criminal street gang, as |
|
defined by Section 71.01, commits an offense if the person |
|
intentionally, knowingly, or recklessly carries on or about his or |
|
her person a handgun in a motor vehicle or watercraft. |
|
(e) An offense under Subsection (a) is a felony of the third |
|
degree. An offense under Subsection (a-1), (b), or (c) is a Class A |
|
misdemeanor. |
|
SECTION 20. Section 46.15, Penal Code, is amended by |
|
amending Subsections (b) and (l) and adding Subsection (m) to read |
|
as follows: |
|
(b) Sections [Section] 46.02 and 46.04(a-1) do [does] not |
|
apply to a person who: |
|
(1) is in the actual discharge of official duties as a |
|
member of the armed forces or state military forces as defined by |
|
Section 437.001, Government Code, or as a guard employed by a penal |
|
institution; |
|
(2) is traveling; |
|
(3) is engaging in lawful hunting, fishing, or other |
|
sporting activity on the immediate premises where the activity is |
|
conducted, or is en route between the premises and the actor's |
|
residence, motor vehicle, or watercraft, if the weapon is a type |
|
commonly used in the activity; |
|
(4) holds a security officer commission issued by the |
|
Texas Private Security Board, if the person is engaged in the |
|
performance of the person's duties as an officer commissioned under |
|
Chapter 1702, Occupations Code, or is traveling to or from the |
|
person's place of assignment and is wearing the officer's uniform |
|
and carrying the officer's weapon in plain view; |
|
(5) acts as a personal protection officer and carries |
|
the person's security officer commission and personal protection |
|
officer authorization, if the person: |
|
(A) is engaged in the performance of the person's |
|
duties as a personal protection officer under Chapter 1702, |
|
Occupations Code, or is traveling to or from the person's place of |
|
assignment; and |
|
(B) is either: |
|
(i) wearing the uniform of a security |
|
officer, including any uniform or apparel described by Section |
|
1702.323(d), Occupations Code, and carrying the officer's weapon in |
|
plain view; or |
|
(ii) not wearing the uniform of a security |
|
officer and carrying the officer's weapon in a concealed manner; |
|
(6) is carrying: |
|
(A) a license issued under Subchapter H, Chapter |
|
411, Government Code, to carry a handgun; and |
|
(B) a handgun: |
|
(i) in a concealed manner; or |
|
(ii) in a [shoulder or belt] holster; |
|
(7) holds an alcoholic beverage permit or license or |
|
is an employee of a holder of an alcoholic beverage permit or |
|
license if the person is supervising the operation of the permitted |
|
or licensed premises; or |
|
(8) is a student in a law enforcement class engaging in |
|
an activity required as part of the class, if the weapon is a type |
|
commonly used in the activity and the person is: |
|
(A) on the immediate premises where the activity |
|
is conducted; or |
|
(B) en route between those premises and the |
|
person's residence and is carrying the weapon unloaded. |
|
(l) Sections 46.02 and[,] 46.03(a)(1), (a)(2), (a)(3), and |
|
(a)(4)[, and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and |
|
(b)(6)] do not apply to a person who carries a handgun if: |
|
(1) the person carries the handgun on the premises, as |
|
defined by the statute providing the applicable offense, of a |
|
location operating as an emergency shelter during a state of |
|
disaster declared under Section 418.014, Government Code, or a |
|
local state of disaster declared under Section 418.108, Government |
|
Code; |
|
(2) the owner, controller, or operator of the premises |
|
or a person acting with the apparent authority of the owner, |
|
controller, or operator, authorized the carrying of the handgun; |
|
(3) the person carrying the handgun complies with any |
|
rules and regulations of the owner, controller, or operator of the |
|
premises that govern the carrying of a handgun on the premises; and |
|
(4) the person is not prohibited by state or federal |
|
law from possessing a firearm. |
|
(m) Section 46.03 does not apply to a person unless the |
|
person: |
|
(1) personally received notice by oral communication |
|
from the owner of the property, or from another person with apparent |
|
authority to act for the owner, that carrying a weapon on the |
|
property was prohibited; and |
|
(2) subsequently failed to depart. |
|
SECTION 21. The following provisions are repealed: |
|
(1) Section 11.041, Alcoholic Beverage Code; |
|
(2) Section 11.61(e), Alcoholic Beverage Code; |
|
(3) Section 61.11, Alcoholic Beverage Code; |
|
(4) Section 61.71(f), Alcoholic Beverage Code; |
|
(5) Section 411.198(b), Government Code; |
|
(6) Section 411.204(d), Government Code; |
|
(7) Section 411.206(c), Government Code; |
|
(8) Section 46.02(c), Penal Code; |
|
(9) Section 46.03(a-1), Penal Code; and |
|
(10) Section 46.035, Penal Code. |
|
SECTION 22. The changes in law made by this Act apply 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 23. This Act takes effect September 1, 2021. |