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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the locations where a person may carry a |
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firearm other than a handgun; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.02, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (a-5) to read as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) intentionally, knowingly, or recklessly carries |
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on or about his or her person a firearm [handgun]; and |
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(2) is not: |
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(A) on the person's own premises or premises |
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under the person's control; or |
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(B) inside of or directly en route to a motor |
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vehicle or watercraft that is owned by the person or under the |
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person's control. |
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(a-5) It is a defense to prosecution under Subsection (a) |
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that: |
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(1) the actor was carrying a firearm other than a |
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handgun; |
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(2) the actor was on a premises owned by another or was |
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inside of or directly en route to a motor vehicle or watercraft that |
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is owned by another; |
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(3) the owner of the premises, motor vehicle, or |
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watercraft gave the actor verbal or written authorization to carry |
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the firearm on the premises or in the motor vehicle or watercraft, |
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as applicable; |
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(4) carrying or possessing a firearm other than a |
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handgun on those premises or in the motor vehicle or watercraft is |
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not otherwise prohibited under this chapter or other law; and |
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(5) the premises, vehicle, or watercraft is not open |
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to or accessible by the public. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |