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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 a handgun in a motor vehicle or |
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watercraft. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.02(a-1), Penal Code, is amended to |
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read as follows: |
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(a-1) A person commits an offense if the person |
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intentionally, knowingly, or recklessly carries on or about his or |
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her person a handgun in a motor vehicle or watercraft that is owned |
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by the person or under the person's control at any time in which: |
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(1) the handgun is in plain view, unless the person is |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, and the handgun is carried in a shoulder or belt |
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holster; or |
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(2) the person [is]: |
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(A) is engaged in criminal activity, other than a |
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Class C misdemeanor that is a violation of a law or ordinance |
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regulating traffic or boating; |
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(B) is prohibited by law from possessing a |
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firearm; or |
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(C) has been previously convicted of an offense |
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for which the judgment in the case contains an affirmative finding |
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under Article 42.0197, Code of Criminal Procedure [a member of a |
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criminal street gang, as defined by Section 71.01]. |
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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. This Act takes effect September 1, 2021. |