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A BILL TO BE ENTITLED
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AN ACT
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relating to carrying a handgun during a state of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.15, Penal Code, is amended by adding |
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Subsections (k) and (l) to read as follows: |
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(k) Section 46.02 does not apply to a person who carries a |
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handgun if: |
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(1) the person carries the handgun while: |
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(A) evacuating from an area following the |
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declaration of a state of disaster under Section 418.014, |
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Government Code, or a local state of disaster under Section |
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418.108, Government Code, with respect to that area; or |
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(B) reentering that area following the person's |
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evacuation; |
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(2) not more than 168 hours have elapsed since the |
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state of disaster or local state of disaster was declared, or more |
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than 168 hours have elapsed since the time the declaration was made |
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and the governor has extended the period during which a person may |
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carry a handgun under this subsection; and |
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(3) the person is not prohibited by state or federal |
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law from possessing a firearm. |
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(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and |
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(a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and |
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(b)(6) do not apply to a person who carries a handgun if: |
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(1) the person carries the handgun on the premises, as |
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defined by the statute providing the applicable offense, of a |
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location operating as an emergency shelter during a state of |
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disaster declared under Section 418.014, Government Code, or a |
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local state of disaster declared under Section 418.108, Government |
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Code; |
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(2) the owner, controller, or operator of the premises |
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or a person acting with the apparent authority of the owner, |
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controller, or operator, authorized the carrying of the handgun; |
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(3) the person carrying the handgun complies with any |
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rules and regulations of the owner, controller, or operator of the |
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premises that govern the carrying of a handgun on the premises; and |
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(4) the person is not prohibited by state or federal |
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law from possessing a firearm. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |