Bill Amendment: TX HB1927 | 2021-2022 | 87th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses.

Status: 2021-06-16 - Effective on 9/1/21 [HB1927 Detail]

Download: Texas-2021-HB1927-Senate_Amendment_S_2_F8-Schwertner.html

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Amend HB 1927 (senate committee printing) as follows:

(1)  In the recital to SECTION 22 of the bill (page 7, lines 39 and 40), strike "Subsection (a-5)" and substitute "Subsections (a-5), (a-6), (a-7), and (e)".

(2)  In SECTION 22 of the bill, following added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:

(a-6)  A person commits an offense if the person:

(1)  intentionally, knowingly, or recklessly carries on or about his or her person a handgun;

(2)  is not:

(A)  on the person's own premises or premises under the person's control; or

(B)  inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and

(3)  at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).

(a-7)  If conduct constituting an offense under Subsection (a-6) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-6) or under both provisions.

(3)  In SECTION 22 of the bill, in amended Section 46.02(b), Penal Code (page 8, line 5), between "(d)" and the comma, insert "or (e)".

(4)  In SECTION 22 of the bill, following amended Section 46.02(b), Penal Code (page 8, between lines 6 and 7), insert the following:

(e)  An offense under Subsection (a-6) is:

(1)  a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or

(2)  a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c).

(5)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.  Article 42A.054(a), Code of Criminal Procedure, is amended to read as follows:

(a)  Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:

(1)  Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree;

(2)  Section 19.02, Penal Code (Murder);

(3)  Section 19.03, Penal Code (Capital Murder);

(4)  Section 20.04, Penal Code (Aggravated Kidnapping);

(5)  Section 20A.02, Penal Code (Trafficking of Persons);

(6)  Section 20A.03, Penal Code (Continuous Trafficking of Persons);

(7)  Section 21.11, Penal Code (Indecency with a Child);

(8)  Section 22.011, Penal Code (Sexual Assault);

(9)  Section 22.021, Penal Code (Aggravated Sexual Assault);

(10)  Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:

(A)  the offense is punishable as a felony of the first degree; and

(B)  the victim of the offense is a child;

(11)  Section 29.03, Penal Code (Aggravated Robbery);

(12)  Section 30.02, Penal Code (Burglary), if:

(A)  the offense is punishable under Subsection (d) of that section; and

(B)  the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;

(13)  Section 43.04, Penal Code (Aggravated Promotion of Prostitution);

(14)  Section 43.05, Penal Code (Compelling Prostitution);

(15)  Section 43.25, Penal Code (Sexual Performance by a Child); [or]

(16)  Section 46.02, Penal Code (Unlawful Carrying Weapons), if the offense is committed under Subsection (a-6) of that section and punishable under Subsection (e)(1) of that section; or

(17)  Chapter 481, Health and Safety Code, for which punishment is increased under:

(A)  Section 481.140 of that code (Use of Child in Commission of Offense); or

(B)  Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections.