By Denny                                              H.B. No. 1481
         77R6206 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of the offense of unlawful possession
 1-3     of a firearm by a felon.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 46.04, Penal Code, is amended by adding
 1-6     Subsection (c) to read as follows:
 1-7           (c)  Unless the pardon, the certificate of restoration, or
 1-8     the order reversing or setting aside the conviction expressly
 1-9     prohibits the person from possessing a firearm, a person is not
1-10     considered to have been convicted of a felony for purposes of this
1-11     section if:
1-12                 (1)  the felony conviction is for an offense for which
1-13     the person:
1-14                       (A)  has been pardoned under the authority of a
1-15     state or federal official; or
1-16                       (B)  has had civil rights restored under Article
1-17     48.05, Code of Criminal Procedure; or
1-18                 (2)  the felony conviction has been reversed or set
1-19     aside on appeal and the person has not been convicted of a felony
1-20     in a subsequent prosecution arising from the same criminal
1-21     transaction.
1-22           SECTION 2. This Act takes effect September 1, 2001, and
1-23     applies only to an offense under Article 46.04, Penal Code, as
1-24     amended by this Act, committed on or after that date. An offense
 2-1     committed before the effective date of this Act is covered by the
 2-2     law in effect when the offense was committed, and the former law is
 2-3     continued in effect for that purpose. For purposes of this section,
 2-4     an offense was committed before the effective date of this Act if
 2-5     any element of the offense occurred before that date.