By Hinojosa                                            H.B. No. 369
         77R387 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of using, carrying, or
 1-3     exhibiting a firearm during the commission of certain offenses and
 1-4     to the sentencing of a defendant convicted of the offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 46, Penal Code, is amended by adding
 1-7     Section 46.14 to read as follows:
 1-8           Sec. 46.14.  USING FIREARM DURING COMMISSION OF OFFENSE.  (a)
 1-9     A person commits an offense if, during the commission of an offense
1-10     other than an offense under this chapter, the person knowingly
1-11     uses, carries, or exhibits a firearm.
1-12           (b)  An offense under this section is punishable by
1-13     imprisonment in the institutional division for a term of five
1-14     years.
1-15           SECTION 2.  Article 42.08, Code of Criminal Procedure, is
1-16     amended by adding Subsection (d) to read as follows:
1-17           (d)  If a defendant is sentenced for an offense under Section
1-18     46.14, Penal Code, the judge shall order the sentence for the
1-19     offense to commence  immediately on completion of the sentence for
1-20     the underlying offense alleged and proven as an element of the
1-21     offense under Section 46.14.
1-22           SECTION 3. Article 42.12, Code of Criminal Procedure, is
1-23     amended by adding Section 3h to read as follows:
1-24           Sec. 3h.  LIMITATION ON SUPERVISION FOR CERTAIN WEAPONS
 2-1     OFFENSES. The provisions of Sections 3, 4, and 5 do not apply to a
 2-2     defendant adjudged guilty of an offense under Section 46.14, Penal
 2-3     Code.
 2-4           SECTION 4. Section 508.145(a), Government Code, is amended to
 2-5     read as follows:
 2-6           (a)  An inmate under sentence of death or serving a sentence
 2-7     for an offense under Section 46.14, Penal Code, is not eligible for
 2-8     release on parole.
 2-9           SECTION 5.  This Act takes effect September 1, 2001.  The
2-10     change in law made by this Act applies only to an offense committed
2-11     on or after the effective date of this Act.  An offense committed
2-12     before the effective date of this Act is covered by the law in
2-13     effect when the offense was committed, and the former law is
2-14     continued in effect for that purpose.  For purposes of this
2-15     section, an offense was committed before the effective date of this
2-16     Act if any element of the offense occurred before that date.