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A BILL TO BE ENTITLED
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AN ACT
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relating to a person's eligibility to possess or carry a concealed |
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handgun or other firearm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (4), Section 411.171, Government |
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Code, is amended 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, voided, or sealed under any state or 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 adding |
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Subsections (f) and (g) to read as follows: |
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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. The changes in law made by this Act in amending |
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Sections 411.171 and 411.172, Government Code, apply only to the |
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eligibility of a person for the issuance, modification, or renewal |
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of a license, the application for which is made on or after the |
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effective date of this Act. A holder of a license that was issued, |
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modified, or renewed before the effective date of this Act is not |
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disqualified from holding that license solely by reason of this |
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Act. |
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SECTION 5. The change in law made by this Act in amending |
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Section 46.04, Penal Code, 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 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 6. This Act takes effect September 1, 2009. |
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* * * * * |