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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to the unlawful possession of a firearm by a person not  | 
         
         
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            lawfully present in the United States. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Section 46.04, Penal Code, is amended by adding  | 
         
         
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            Subsection (a-2) and amending Subsection (e) to read as follows: | 
         
         
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                   (a-2)  A person commits an offense if the person is not  | 
         
         
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            lawfully present in the United States and possesses a firearm.  | 
         
         
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                   (e)  An offense under Subsection (a) or (a-2) is a felony of  | 
         
         
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            the third degree.  An offense under Subsection (a-1), (b), or (c) is  | 
         
         
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            a Class A misdemeanor. | 
         
         
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                   SECTION 2.  This Act takes effect January 1, 2024, if it  | 
         
         
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            receives a vote of two-thirds of all the members elected to each  | 
         
         
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            house, as provided by Section 39, Article III, Texas Constitution.   | 
         
         
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            If this Act does not receive the vote necessary for effect on that  | 
         
         
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            date, this Act takes effect on the 91st day after the last day of the  | 
         
         
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            legislative session. |