| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the carrying of a handgun while intoxicated and to the |
|
|
possession or carrying of a handgun by a license holder in certain |
|
|
locations selling or serving alcoholic beverages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 46.01, Penal Code, is amended by adding |
|
|
Subdivision (21) to read as follows: |
|
|
(21) "Intoxicated" has the meaning assigned by Section |
|
|
49.01. |
|
|
SECTION 2. Section 46.03, Penal Code, is amended by |
|
|
amending Subsection (g-2) and adding Subsection (j) to read as |
|
|
follows: |
|
|
(g-2) An offense committed under Subsection (a)(8), |
|
|
(a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A |
|
|
misdemeanor. An offense committed under Subsection (a)(7) is a |
|
|
Class A misdemeanor if the actor: |
|
|
(1) commits the offense by possessing or carrying a |
|
|
handgun that the actor is licensed to carry under Subchapter H, |
|
|
Chapter 411, Government Code, and not any other weapon to which this |
|
|
section applies; and |
|
|
(2) is intoxicated at the time of the offense. |
|
|
(j) It is a defense to prosecution under Subsection (a)(7) |
|
|
that the actor: |
|
|
(1) possesses or carries a handgun that the actor is |
|
|
licensed to carry under Subchapter H, Chapter 411, Government Code, |
|
|
and not any other weapon to which this section applies; and |
|
|
(2) is not intoxicated while possessing or carrying |
|
|
the handgun in the location described by Subsection (a)(7). |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |