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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful carrying of certain firearms; creating a |
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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 adding |
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Subsection (a-5) to read as follows: |
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(a-5) 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 other than a handgun at any |
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time in which the firearm is in plain view; 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; |
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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; or |
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(C) on privately owned real property with the |
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effective consent of the owner of the real property. |
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SECTION 2. Sections 46.15(j), (k), and (l), Penal Code, are |
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amended to read as follows: |
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(j) The provisions of Section 46.02 prohibiting the |
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carrying of a firearm [handgun] do not apply to an individual who |
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carries a firearm [handgun] as a participant in a historical |
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reenactment performed in accordance with the rules of the Texas |
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Alcoholic Beverage Commission. |
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(k) Section 46.02 does not apply to a person who carries a |
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firearm [handgun] if: |
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(1) the person carries the firearm [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 firearm [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 firearm [handgun] if: |
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(1) the person carries the firearm [handgun] on the |
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premises, as defined by the statute providing the applicable |
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offense, of a location operating as an emergency shelter during a |
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state of disaster declared under Section 418.014, Government Code, |
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or a local state of disaster declared under Section 418.108, |
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Government 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 firearm |
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[handgun]; |
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(3) the person carrying the firearm [handgun] complies |
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with any rules and regulations of the owner, controller, or |
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operator of the premises that govern the carrying of a firearm |
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[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 3. This Act takes effect September 1, 2021. |