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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of unlawfully carrying a |
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handgun by a license holder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.035(g), Penal Code, as amended by |
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Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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(g) Except as otherwise provided by this subsection, an [An] |
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offense under this section [(a-1), (a-2), (a-3),] is a Class A |
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misdemeanor. An offense under Subsection (b)(4), (b)(5), (b)(6), |
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or (c) is a Class C misdemeanor punishable by a fine not to exceed |
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$200, except that the offense is a Class A misdemeanor if it is |
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shown on the trial of the offense that, after entering the property, |
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the license holder was personally given notice by oral |
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communication under Section 30.06 or 30.07 that entry on the |
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property was forbidden and subsequently failed to depart. An [,
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unless the] offense [is committed] under Subsection (b)(1) or |
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(b)(3) [, in which event the offense] is a felony of the third |
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degree. |
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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 occurred |
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before that date. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2017. |