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A BILL TO BE ENTITLED
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AN ACT
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relating to provisions relating to possession or carrying of a |
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handgun by a person who is a member of a criminal street gang. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 67.052, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If any criminal information submitted under this |
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article relates to a person who holds a license to carry a handgun |
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under Subchapter H, Chapter 411, Government Code, the department |
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shall promptly provide to the license holder by certified mail to |
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the license holder's address: |
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(1) notification regarding the inclusion of the |
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license holder's information in the department's intelligence |
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database; and |
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(2) a description of the process for disputing the |
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inclusion of information in the database. |
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SECTION 2. Section 46.02(a-1), Penal Code, is amended to |
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read as follows: |
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(a-1) A person commits an offense if the person |
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intentionally, knowingly, or recklessly carries on or about his or |
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her person a handgun in a motor vehicle or watercraft that is owned |
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by the person or under the person's control at any time in which: |
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(1) the handgun is in plain view, unless the person is |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, and the handgun is carried in a shoulder or belt |
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holster; or |
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(2) the person [is]: |
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(A) is engaged in criminal activity, other than a |
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Class C misdemeanor that is a violation of a law or ordinance |
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regulating traffic or boating; |
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(B) is prohibited by law from possessing a |
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firearm; or |
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(C) has been previously convicted of an offense |
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for which the judgment in the case contains an affirmative finding |
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under Article 42.0197, Code of Criminal Procedure [a member of a |
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criminal street gang, as defined by Section 71.01]. |
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SECTION 3. Article 67.052(c), Code of Criminal Procedure, |
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as added by this Act, applies only to a handgun license holder whose |
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criminal information is submitted on or after the effective date of |
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this Act to the intelligence database maintained by the Department |
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of Public Safety of the State of Texas. |
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SECTION 4. Section 46.02(a-1), Penal Code, as amended by |
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |