By Dutton H.B. No. 1768
74R7225 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of unlawful carrying of a handgun.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 46.02, Penal Code, is amended by adding
1-5 Subsection (g) to read as follows:
1-6 (g) It is an affirmative defense to prosecution under this
1-7 section for the offense of carrying a handgun that the actor, at
1-8 the time of the commission of the offense:
1-9 (1) was legally registered to vote in this state; and
1-10 (2) either:
1-11 (A) had not failed to vote in two or more
1-12 consecutive general elections at which the actor was eligible to
1-13 vote; or
1-14 (B) had voted in three or more consecutive
1-15 general elections after failing to vote in two or more consecutive
1-16 general elections at which the actor was eligible to vote.
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to an offense committed on or after the effective date of this
1-19 Act. For purposes of this section, an offense is committed before
1-20 the effective date of this Act if any element of the offense occurs
1-21 before that date.
1-22 (b) An offense committed before the effective date of this
1-23 Act is covered by the law in effect when the offense was committed,
1-24 and the former law is continued in effect for that purpose.
2-1 SECTION 3. This Act takes effect September 1, 1995.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.