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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of a firearm by a person who is a member of |
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a criminal street gang; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.04(a-1) and (e), Penal Code, are |
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amended to read as follows: |
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(a-1) A person who is a member of a criminal street gang, as |
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defined by Section 71.01, 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 firearm; and |
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(2) is engaged in conduct constituting an offense that |
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is a Class B misdemeanor or any higher category of offense: |
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(A) listed in Article 42A.054(a), Code of |
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Criminal Procedure; |
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(B) listed in Section 71.02(a) of this code; |
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(C) under Title 5, 6, or 7 of this code; |
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(D) under Subchapter D, Chapter 481, Health and |
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Safety Code; or |
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(E) during the commission of which or during the |
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immediate flight from the commission of which the firearm or other |
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deadly weapon was used or exhibited [handgun in a motor vehicle or |
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watercraft]. |
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(e) An offense under Subsection (a) or (a-1) is a felony of |
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the third degree. An offense under Subsection [(a-1),] (b)[,] or |
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(c) is a Class A misdemeanor. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |