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.