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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of a handgun by a disabled person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.179, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In adopting the form of the license under Subsection |
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(a), the department shall provide for a designation on the license |
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of a person with a disability authorizing the person to carry a |
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handgun without concealing the handgun if: |
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(1) the person's disability prevents the person from |
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effectively concealing the handgun; and |
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(2) the person satisfies all other requirements of |
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this subchapter. |
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SECTION 2. Section 46.035(h), Penal Code, is amended to |
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read as follows: |
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(h) It is a defense to prosecution under Subsection (a) that |
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the actor, at the time of the commission of the offense: |
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(1) [,] displayed the handgun under circumstances in |
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which the actor would have been justified in the use of deadly force |
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under Chapter 9; or |
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(2) possessed a handgun license bearing the |
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designation described by Section 411.179(e), Government Code. |
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SECTION 3. The change in law made by this Act in amending |
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Section 46.035(h), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect when 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 occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |