By Reyna of Bexar                                     H.B. No. 1555
         77R6245 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the unlawful possession of a firearm by a felon.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 46.04, Penal Code, is amended to read as
 1-5     follows:
 1-6           Sec. 46.04.  UNLAWFUL POSSESSION OF FIREARM BY FELON. (a)  A
 1-7     person who has been convicted of a felony commits an offense if he
 1-8     possesses a firearm:
 1-9                 (1)  after conviction and before the fifth anniversary
1-10     of the person's release from confinement following conviction of
1-11     the felony or the person's release from supervision under community
1-12     supervision, parole, or mandatory supervision, whichever date is
1-13     later; or
1-14                 (2)  after the period described by Subdivision (1), at
1-15     any location other than the premises at which the person lives.
1-16           (b)  A person commits an offense if the person has been
1-17     placed on deferred adjudication community supervision for a felony
1-18     under Section 5, Article 42.12, Code of Criminal Procedure, and
1-19     possesses a firearm after the placement and before the fifth
1-20     anniversary of the date on which the proceedings are dismissed and
1-21     the person is discharged under Section 5(c), Article 42.12.
1-22           (c)  An offense under this section is a felony of the third
1-23     degree.
1-24           SECTION 2. (a)  The change in law made by this Act applies
 2-1     only to an offense committed on or after the effective date of this
 2-2     Act.  For purposes of this section, an offense is committed before
 2-3     the effective date of this Act if any element of the offense occurs
 2-4     before the effective date.
 2-5           (b)  An offense committed before the effective date of this
 2-6     Act is covered by the law in effect when the offense was committed,
 2-7     and the former law is continued in effect for that purpose.
 2-8           SECTION 3. This Act takes effect September 1, 2001.