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A BILL TO BE ENTITLED
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AN ACT
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relating to failure to identify to a peace officer while carrying |
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certain firearms; 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 38.02, Penal Code, is amended by adding |
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Subsection (b-1) and amending Subsections (c) and (d) to read as |
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follows: |
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(b-1) A person commits an offense if the person is carrying |
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a partially or wholly visible firearm other than a handgun and the |
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person intentionally: |
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(1) refuses to give the person's name, residence |
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address, or date of birth to a peace officer who has requested the |
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information; or |
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(2) gives a false or fictitious name, residence |
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address, or date of birth to a peace officer who has requested the |
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information. |
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(c) Except as provided by Subsection [Subsections] (d) [and |
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(e)], an offense under this section is: |
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(1) a Class C misdemeanor if the offense is committed |
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under Subsection (a) or (b-1)(1); or |
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(2) a Class B misdemeanor if the offense is committed |
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under Subsection (b) or (b-1)(2). |
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(d) If it is shown on the trial of an offense under this |
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section that the defendant was a fugitive from justice at the time |
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of the offense, the offense is: |
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(1) a Class B misdemeanor if the offense is committed |
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under Subsection (a) or (b-1)(1); or |
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(2) a Class A misdemeanor if the offense is committed |
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under Subsection (b) or (b-1)(2). |
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SECTION 2. This Act takes effect September 1, 2021. |