75R13780 GWK-D
By Hupp, Isett H.B. No. 2855
Substitute the following for H.B. No. 2855:
By Oakley C.S.H.B. No. 2855
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain individuals for a license to
1-3 carry a concealed handgun and to the places where those licensed
1-4 individuals are permitted to carry handguns.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.03(f), Penal Code, is amended to read
1-7 as follows:
1-8 (f) Except as otherwise provided by this subsection, it [It]
1-9 is not a defense to prosecution under this section that the actor
1-10 possessed a handgun and was licensed to carry a concealed handgun
1-11 under Article 4413(29ee), Revised Statutes. It is a defense to
1-12 prosecution under Subsection (a)(1) that the actor:
1-13 (1) possessed a handgun and was licensed to carry a
1-14 concealed handgun under Article 4413(29ee), Revised Statutes; and
1-15 (2) the school or educational institution was a public
1-16 institution of higher education.
1-17 SECTION 2. Section 2(a), Article 4413(29ee), Revised
1-18 Statutes, is amended to read as follows:
1-19 (a) A person is eligible for a license to carry a concealed
1-20 handgun if the person:
1-21 (1) is a legal resident of this state for the
1-22 six-month period preceding the date of application under this
1-23 article;
1-24 (2) is at least 18 [21] years of age;
2-1 (3) has not been convicted of a felony;
2-2 (4) is not charged with the commission of a Class A or
2-3 Class B misdemeanor or an offense under Section 42.01, Penal Code,
2-4 or of a felony under an information or indictment;
2-5 (5) is not a fugitive from justice for a felony or a
2-6 Class A or Class B misdemeanor;
2-7 (6) is not a chemically dependent person;
2-8 (7) is not a person of unsound mind;
2-9 (8) has not, in the five years preceding the date of
2-10 application, been convicted of a Class A or Class B misdemeanor or
2-11 an offense under Section 42.01, Penal Code;
2-12 (9) is fully qualified under applicable federal and
2-13 state law to possess [purchase] a handgun;
2-14 (10) has not been finally determined to be delinquent
2-15 in making a child support payment administered or collected by the
2-16 attorney general;
2-17 (11) has not been finally determined to be delinquent
2-18 in the payment of a tax or other money collected by the
2-19 comptroller, state treasurer, tax collector of a political
2-20 subdivision of the state, Texas Alcoholic Beverage Commission, or
2-21 any other agency or subdivision of the state;
2-22 (12) has not been finally determined to be in default
2-23 on a loan made under Chapter 57, Education Code;
2-24 (13) is not currently restricted under a court
2-25 protective order or subject to a restraining order affecting the
2-26 spousal relationship, not including a restraining order solely
2-27 affecting property interests;
3-1 (14) has not, in the 10 years preceding the date of
3-2 application, been adjudicated as having engaged in delinquent
3-3 conduct violating a penal law of the grade of felony; and
3-4 (15) has not made any material misrepresentation, or
3-5 failed to disclose any material fact, in an application submitted
3-6 pursuant to Section 3 of this article or in a request for
3-7 application submitted pursuant to Section 4 of this article.
3-8 SECTION 3. (a) The change in law made by this Act to
3-9 Section 46.03(f), Penal Code, applies only to an offense committed
3-10 on or after the effective date of this Act. For purposes of this
3-11 section, an offense is committed before the effective date of this
3-12 Act if any element of the offense occurs before the effective date.
3-13 (b) An offense under Section 46.03, Penal Code, committed
3-14 before the effective date of this Act is covered by the law in
3-15 effect when the offense was committed, and the former law is
3-16 continued in effect for that purpose.
3-17 SECTION 4. This Act takes effect September 1, 1997.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.