87R3286 JCG-D
	By: Rosenthal	H.B. No. 799

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting carrying a firearm while intoxicated;
	creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 46, Penal Code, is amended by adding
	Section 46.025 to read as follows:
	Sec. 46.025.  UNLAWFUL CARRYING OF FIREARM WHILE
	INTOXICATED. (a) A person commits an offense if, while
	intoxicated, the person carries on or about his or her person a
	firearm, including a handgun or long gun, in a public place.
	(b)  An offense under this section is a Class C misdemeanor.
	(c)  This section does not apply to:
	(1)  a special investigator under Article 2.122, Code
	of Criminal Procedure, or a peace officer regardless of whether the
	special investigator or peace officer is engaged in the actual
	discharge of the investigator's or officer's duties while carrying
	the firearm; or
	(2)  a person who carries a firearm that is unloaded and
	encased in a container.
	(d)  It is not a defense to prosecution under this section
	that the actor carried a handgun under the authority of Subchapter
	H, Chapter 411, Government Code.
	(e)  In this section, "intoxicated" has the meaning assigned
	by Section 49.01.
	(f)  For purposes of this section, "public place" does not
	include:
	(1)  the interior of a motor vehicle not used for mass
	transit; or
	(2)  the actor's private residence, including the
	curtilage of that residence.
	SECTION 2.  Section 411.186(a), Government Code, is amended
	to read as follows:
	(a)  The department shall revoke a license under this section
	if the license holder:
	(1)  was not entitled to the license at the time it was
	issued;
	(2)  made a material misrepresentation or failed to
	disclose a material fact in an application submitted under this
	subchapter;
	(3)  subsequently becomes ineligible for a license
	under Section 411.172, unless the sole basis for the ineligibility
	is that the license holder is charged with the commission of a Class
	A or Class B misdemeanor or equivalent offense, or of an offense
	under Section 42.01, Penal Code, or equivalent offense, or of a
	felony under an information or indictment;
	(4)  is convicted of an offense under Section 46.025 or
	46.035, Penal Code;
	(5)  is determined by the department to have engaged in
	conduct constituting a reason to suspend a license listed in
	Section 411.187(a) after the person's license has been previously
	suspended twice for the same reason; or
	(6)  submits an application fee that is dishonored or
	reversed if the applicant fails to submit a cashier's check or money
	order made payable to the "Department of Public Safety of the State
	of Texas" in the amount of the dishonored or reversed fee, plus $25,
	within 30 days of being notified by the department that the fee was
	dishonored or reversed.
	SECTION 3.  Section 411.198(b), Government Code, is amended
	to read as follows:
	(b)  It is a defense to prosecution under Section 46.025 or
	46.035, Penal Code, that the actor, at the time of the commission of
	the offense, was the holder of an alias license issued under this
	section.
	SECTION 4.  Section 411.206(c), Government Code, is amended
	to read as follows:
	(c)  Any judgment of conviction entered by any court for an
	offense under Section 46.025 or 46.035, Penal Code, committed by a
	license holder must contain the handgun license number of the
	convicted license holder. A certified copy of the judgment is
	conclusive and sufficient evidence to justify revocation of a
	license under Section 411.186(a)(4).
	SECTION 5.  Section 46.035(d), Penal Code, is repealed.
	SECTION 6.  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 7.  This Act takes effect September 1, 2021.