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A BILL TO BE ENTITLED
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AN ACT
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relating to the age at which a person not otherwise prohibited by |
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state or federal law from possessing a firearm may carry a handgun |
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or is eligible for a license to carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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's right to keep and bear arms, |
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to possess a firearm unconnected with service in a militia, and to |
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use that firearm for traditionally lawful purposes, such as |
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self-defense; |
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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) the United States District Court for the Northern |
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District of Texas in Firearms Policy Coal., Inc. v. McCraw, 623 F. |
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Supp. 3d 740 (N.D. Tex. 2022), recognized the right of responsible |
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individuals aged 18, 19, and 20 to carry a handgun outside the home |
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for self-defense and found that Texas's statutory scheme and the |
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prohibition imposed on these individuals under Section 46.02, Penal |
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Code, and Section 411.172, Government Code, infringed on rights |
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protected by the Second and Fourteenth Amendments to the United |
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States Constitution; |
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(4) to ensure clarity in the law and consistency with |
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constitutional principles, the eligibility criteria for carrying a |
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handgun in Texas without a license and for obtaining a license to |
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carry a handgun should include responsible individuals aged 18, |
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19, and 20 who are not otherwise prohibited by state or federal law |
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from possessing a firearm; and |
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(5) persons who are currently prohibited from |
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possessing a firearm under state or federal law will not gain the |
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right to possess or carry a firearm under this legislation. |
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SECTION 2. Section 411.047(b), Government Code, is amended |
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to read as follows: |
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(b) Such statistics shall be drawn and reported annually |
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from the Department of Public Safety computerized criminal history |
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file on persons 18 [21] years of age and older and shall be compared |
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in numerical and graphical format to all like offenses committed in |
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the state for the reporting period as a percentage of the total of |
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such reported offenses. |
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SECTION 3. Section 411.172(a), Government Code, is amended |
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to read as follows: |
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(a) A person is eligible for a license to carry a handgun if |
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the person: |
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(1) is a legal resident of this state for the six-month |
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period preceding the date of application under this subchapter or |
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is otherwise eligible for a license under Section 411.173(a); |
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(2) is at least 18 [21] years of age; |
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(3) has not been convicted of a felony; |
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(4) is not charged with the commission of a Class A or |
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Class B misdemeanor or equivalent offense, or of an offense under |
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Section 42.01, Penal Code, or equivalent offense, or of a felony |
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under an information or indictment; |
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(5) is not a fugitive from justice for a felony or a |
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Class A or Class B misdemeanor or equivalent offense; |
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(6) is not a chemically dependent person; |
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(7) is not incapable of exercising sound judgment with |
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respect to the proper use and storage of a handgun; |
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(8) has not, in the five years preceding the date of |
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application, been convicted of a Class A or Class B misdemeanor or |
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equivalent offense or of an offense under Section 42.01, Penal |
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Code, or equivalent offense; |
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(9) is fully qualified under applicable federal and |
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state law to possess [purchase] a handgun; |
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(10) has not been finally determined to be delinquent |
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in making a child support payment administered or collected by the |
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attorney general; |
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(11) has not been finally determined to be delinquent |
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in the payment of a tax or other money collected by the comptroller, |
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the tax collector of a political subdivision of the state, or any |
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agency or subdivision of the state; |
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(12) is not currently restricted under a court |
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protective order or subject to a restraining order affecting the |
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spousal relationship, other than a restraining order solely |
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affecting property interests; |
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(13) has not, in the 10 years preceding the date of |
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application, been adjudicated as having engaged in delinquent |
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conduct violating a penal law of the grade of felony; and |
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(14) has not made any material misrepresentation, or |
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failed to disclose any material fact, in an application submitted |
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pursuant to Section 411.174. |
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SECTION 4. Section 411.179(a), Government Code, is amended |
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to read as follows: |
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(a) The department by rule shall adopt the form of the |
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license. A license must include: |
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(1) a number assigned to the license holder by the |
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department; |
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(2) a statement of the period for which the license is |
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effective; |
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(3) a photograph of the license holder; |
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(4) the license holder's full name, date of birth, hair |
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and eye color, height, weight, and signature; |
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(5) the license holder's residence address or, as |
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provided by Subsection (d), the street address of the courthouse in |
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which the license holder or license holder's spouse or parent |
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serves as a federal judge or the license holder serves as a state |
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judge; |
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(6) the number of a driver's license or an |
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identification certificate issued to the license holder by the |
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department; |
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(7) the designation "VETERAN" if required under |
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Subsection (e); and |
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(8) any at-risk designation for which the license |
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holder has established eligibility under Section 411.184[; and |
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[(9) if applicable, a protective order designation |
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under Section 411.1735]. |
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SECTION 5. Section 411.205, Government Code, is amended to |
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read as follows: |
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Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license |
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holder is carrying a handgun on or about the license holder's person |
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when a magistrate or a peace officer demands that the license holder |
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display identification, the license holder shall display[: |
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[(1)] both the license holder's driver's license or |
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identification certificate issued by the department and the license |
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holder's handgun license[; and |
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[(2) if the license holder's handgun license bears a |
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protective order designation, a copy of the applicable court order |
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under which the license holder is protected]. |
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SECTION 6. Sections 46.02(a) and (a-1), Penal Code, are |
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amended 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; |
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(2) at the time of the offense: |
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(A) is younger than 18 [21] years of age; or |
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(B) has been convicted of an offense under |
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Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed |
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in the five-year period preceding the date the instant offense was |
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committed; and |
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(3) is not: |
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(A) on the person's own premises or premises |
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under the person's control; or |
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(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. |
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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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18 [21] years of age or older [or is licensed to carry a handgun |
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under Subchapter H, Chapter 411, Government Code,] and the handgun |
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is carried in a holster; or |
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(2) the person is: |
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(A) 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; or |
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(B) prohibited by law from possessing a firearm. |
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SECTION 7. The following provisions of the Government Code |
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are repealed: |
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(1) Sections 411.172(g), (h), and (i); and |
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(2) Section 411.1735. |
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SECTION 8. A handgun license that bears a protective order |
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designation under former Section 411.1735, Government Code, as |
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repealed by this Act, and that is valid on the effective date of |
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this Act remains valid until the 22nd birthday of the license |
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holder, regardless of whether the license holder continues to be |
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protected under a protective order described by former Section |
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411.172(i), Government Code, as repealed by this Act. A license |
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holder described by this section may apply for a handgun license |
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that does not bear the protective order designation by using the |
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renewal procedure under Section 411.185, Government Code, |
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regardless of whether the license that bears the designation has |
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expired or is about to expire. |
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SECTION 9. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2025. |