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AN ACT
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relating to a person's eligibility for a license to carry a |
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concealed handgun and to the prosecution of certain offenses |
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involving the possession of a weapon. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.171(4), Government Code, is amended |
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to read as follows: |
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(4) "Convicted" means an adjudication of guilt or, |
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except as provided in Section 411.1711, an order of deferred |
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adjudication entered against a person by a court of competent |
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jurisdiction whether or not the imposition of the sentence is |
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subsequently probated and the person is discharged from community |
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supervision. The term does not include an adjudication of guilt or |
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an order of deferred adjudication that has been subsequently: |
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(A) expunged; [or] |
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(B) pardoned under the authority of a state or |
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federal official; or |
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(C) otherwise vacated, set aside, annulled, |
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invalidated, discharged, voided, or sealed under any state or |
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federal law. |
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SECTION 2. Section 411.172, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) For the purposes of this section, an offense under the |
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laws of this state, another state, or the United States is: |
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(1) except as provided by Subsection (b-1), a felony |
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if [the offense], at the time it is committed, the offense [of a
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person's application for a license to carry a concealed handgun]: |
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(A) is designated by a law of this state as a |
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felony; |
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(B) contains all the elements of an offense |
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designated by a law of this state as a felony; or |
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(C) is punishable by confinement for one year or |
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more in a penitentiary; and |
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(2) a Class A misdemeanor if the offense is not a |
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felony and confinement in a jail other than a state jail felony |
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facility is affixed as a possible punishment. |
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(b-1) An offense is not considered a felony for purposes of |
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Subsection (b)(1) if, at the time of a person's application for a |
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license to carry a concealed handgun, the offense: |
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(1) is designated by a law of this state as a |
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misdemeanor; or |
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(2) does not contain all the elements of any offense |
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designated by a law of this state as a felony. |
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SECTION 3. Section 46.04, Penal Code, is amended by |
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amending Subsection (d) and adding Subsections (f) and (g) to read |
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as follows: |
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(d) In this section: |
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(1) "Convicted" has the meaning assigned by Section |
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411.171, Government Code. |
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(2) "Family,"[, "family,"] "household," and "member |
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of a household" have the meanings assigned by Chapter 71, Family |
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Code. |
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(f) For the purposes of this section, an offense under the |
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laws of this state, another state, or the United States is, except |
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as provided by Subsection (g), a felony if, at the time it is |
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committed, the offense: |
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(1) is designated by a law of this state as a felony; |
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(2) contains all the elements of an offense designated |
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by a law of this state as a felony; or |
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(3) is punishable by confinement for one year or more |
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in a penitentiary. |
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(g) An offense is not considered a felony for purposes of |
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Subsection (f) if, at the time the person possesses a firearm, the |
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offense: |
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(1) is designated by a law of this state as a |
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misdemeanor; or |
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(2) does not contain all the elements of any offense |
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designated by a law of this state as a felony. |
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SECTION 4. Section 46.15(a), Penal Code, is amended to read |
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as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) a judge or justice of a federal court, the supreme |
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court, the court of criminal appeals, a court of appeals, a district |
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court, a criminal district court, a constitutional county court, a |
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statutory county court, a justice court, or a municipal court who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(5) an honorably retired peace officer or federal |
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criminal investigator who holds a certificate of proficiency issued |
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under Section 1701.357, Occupations Code, and is carrying a photo |
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identification that: |
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(A) verifies that the officer honorably retired |
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after not less than 15 years of service as a commissioned officer; |
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and |
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(B) is issued by a state or local law enforcement |
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agency; [or] |
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(6) a district attorney, criminal district attorney, |
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or county attorney who is licensed to carry a concealed handgun |
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under Subchapter H, Chapter 411, Government Code; or |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code. |
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SECTION 5. This Act applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1503 was passed by the House on May |
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10, 2007, by the following vote: Yeas 138, Nays 0, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1503 on May 25, 2007, by the following vote: Yeas 136, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1503 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |