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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of unlawful carrying of |
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weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.02(a) and (a-1), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly carries on or about his or her person a |
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handgun, illegal knife, or club when [if] the person is not: |
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(1) on the person's own premises or premises under the |
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person's control; [or] |
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(2) on premises owned by or under the control of |
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another person, provided that the owner or the person in control of |
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the premises consents to the carrying of the weapon; |
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(3) inside of or directly en route to a motor vehicle |
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or watercraft that is owned by the person or under the person's |
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control; or |
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(4) inside of or directly en route to a motor vehicle |
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or watercraft owned by or under the control of another person, |
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provided that the owner or the person in control of the motor |
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vehicle or watercraft consents to the carrying of the weapon. |
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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; or
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[(2)] the person is: |
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(1) [(A)] 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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(2) [(B)] prohibited by law from possessing a firearm; |
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or |
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(3) [(C)] a member of a criminal street gang, as |
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defined by Section 71.01. |
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SECTION 2. The change in law made by this Act applies to an |
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offense under Section 46.02, Penal Code, committed before, on, or |
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after the effective date of this Act, except that a final conviction |
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for an offense under that section that exists on the effective date |
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of this Act is unaffected by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |