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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting carrying a firearm while intoxicated; |
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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. Chapter 46, Penal Code, is amended by adding |
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Section 46.025 to read as follows: |
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Sec. 46.025. UNLAWFUL CARRYING OF FIREARM WHILE |
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INTOXICATED. (a) A person commits an offense if, while |
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intoxicated, the person carries on or about his or her person a |
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firearm, including a handgun or long gun, in a public place. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) This section does not apply to: |
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(1) a special investigator under Article 2.122, Code |
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of Criminal Procedure, or a peace officer regardless of whether the |
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special investigator or peace officer is engaged in the actual |
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discharge of the investigator's or officer's duties while carrying |
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the firearm; or |
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(2) a person who carries a firearm that is unloaded and |
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encased in a container. |
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(d) It is not a defense to prosecution under this section |
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that the actor carried a handgun under the authority of Subchapter |
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H, Chapter 411, Government Code. |
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(e) In this section, "intoxicated" has the meaning assigned |
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by Section 49.01. |
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(f) For purposes of this section, "public place" does not |
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include: |
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(1) the interior of a motor vehicle not used for mass |
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transit; or |
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(2) the actor's private residence, including the |
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curtilage of that residence. |
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SECTION 2. Section 411.186(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall revoke a license under this section |
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if the license holder: |
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(1) was not entitled to the license at the time it was |
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issued; |
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(2) made a material misrepresentation or failed to |
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disclose a material fact in an application submitted under this |
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subchapter; |
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(3) subsequently becomes ineligible for a license |
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under Section 411.172, unless the sole basis for the ineligibility |
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is that the license holder is charged with the commission of a Class |
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A or Class B misdemeanor or equivalent offense, or of an offense |
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under Section 42.01, Penal Code, or equivalent offense, or of a |
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felony under an information or indictment; |
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(4) is convicted of an offense under Section 46.025 or |
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46.035, Penal Code; |
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(5) is determined by the department to have engaged in |
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conduct constituting a reason to suspend a license listed in |
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Section 411.187(a) after the person's license has been previously |
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suspended twice for the same reason; or |
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(6) submits an application fee that is dishonored or |
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reversed if the applicant fails to submit a cashier's check or money |
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order made payable to the "Department of Public Safety of the State |
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of Texas" in the amount of the dishonored or reversed fee, plus $25, |
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within 30 days of being notified by the department that the fee was |
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dishonored or reversed. |
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SECTION 3. Section 411.198(b), Government Code, is amended |
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to read as follows: |
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(b) It is a defense to prosecution under Section 46.025 or |
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46.035, Penal Code, that the actor, at the time of the commission of |
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the offense, was the holder of an alias license issued under this |
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section. |
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SECTION 4. Section 411.206(c), Government Code, is amended |
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to read as follows: |
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(c) Any judgment of conviction entered by any court for an |
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offense under Section 46.025 or 46.035, Penal Code, committed by a |
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license holder must contain the handgun license number of the |
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convicted license holder. A certified copy of the judgment is |
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conclusive and sufficient evidence to justify revocation of a |
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license under Section 411.186(a)(4). |
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SECTION 5. Section 46.035(d), Penal Code, is repealed. |
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SECTION 6. 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 7. This Act takes effect September 1, 2021. |