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.