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House Bill 1503 |
House Author: Lucio III et al. |
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Effective: Vetoed |
Senate Sponsor: Hinojosa |
House Bill 1503 amends provisions of the Government Code and Penal Code relating to eligibility for a license to carry a handgun and prosecution of unlawful possession of a firearm. For purposes of eligibility for such a license and prosecution of such an offense, the bill modifies the definition of "conviction" to exclude an adjudication of guilt or an order of deferred adjudication that has been vacated, set aside, annulled, invalidated, discharged, voided, or sealed under federal or state law. House Bill 1503 shifts the point in time at which it is determined whether an applicant's offense is considered a felony from the status of the offense at the time of application to the status at the time of the commission of the offense. The bill also provides that an offense is not considered a felony:
House Bill 1503 adds assistant district attorneys, assistant criminal district attorneys, and assistant county attorneys, if properly licensed, to the list of persons who are exempted from certain prohibitions relating to carrying a firearm.
Reason Given for Veto: "House Bill No. 1503 would have been an acceptable bill that expands Texans' right to carry concealed handguns were it not for an 11th hour amendment that creates unintended consequences. The unintended consequences arise from the bill's attempt to redefine a criminal conviction by excluding, among others, those who have been convicted of a felony and discharged from prison. The troublesome provision could result in ex-convicts who have completed their sentences for murder, rape, robbery or other violent crimes being allowed to possess firearms immediately upon release from prison. This provision also could jeopardize the reciprocity agreements Texas has with other states involving concealed handgun permits."