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.