By Danburg                                      H.B. No. 1981

      75R6980 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment prescribed for unlawful carrying of a

 1-3     handgun.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 46.02(a), (e), and (f) are amended to

 1-6     read as follows:

 1-7           (a)  A person commits an offense if he intentionally,

 1-8     knowingly, or recklessly carries on or about his person:

 1-9                 (1)  a handgun;

1-10                 (2)  an [,] illegal knife; [,] or

1-11                 (3)  a club.

1-12           (e)  Except as provided by Subsection (f), an offense under

1-13     Subsection (a)(1) [this section] is a felony of the third degree

1-14     and an offense under Subsection (a)(2) or (a)(3) is a Class A

1-15     misdemeanor.

1-16           (f)  An offense under Subsection (a)(1) [this section] is a

1-17     felony of the second degree and an offense under Subsection (a)(2)

1-18     or  (a)(3) is a felony of the third degree if the offense is

1-19     committed on any premises licensed or issued a permit by this state

1-20     for the sale of alcoholic beverages.

1-21           SECTION 2.  This Act takes effect September 1, 1997.  The

1-22     change in law made by this Act applies only to an offense committed

1-23     on or after the effective date of this Act.  An offense committed

1-24     before the effective date of this Act is covered by the law in

 2-1     effect when the offense was committed, and the former law is

 2-2     continued in effect for that purpose.  For purposes of this

 2-3     section, an offense was committed before the effective date of this

 2-4     Act if any element of the offense occurred before that date.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.