Bill Text: TX HB1827 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to prohibiting carrying a firearm while intoxicated; creating an offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-09 - Referred to Homeland Security & Public Safety [HB1827 Detail]
Download: Texas-2017-HB1827-Introduced.html
85R7966 JCG-D | ||
By: Hinojosa | H.B. No. 1827 |
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relating to prohibiting carrying a firearm while intoxicated; | ||
creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 46, Penal Code, is amended by adding | ||
Section 46.025 to read as follows: | ||
Sec. 46.025. UNLAWFUL CARRYING OF FIREARM WHILE | ||
INTOXICATED. (a) A person commits an offense if, while | ||
intoxicated, the person carries a firearm, including a handgun or | ||
long gun, in a public place. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
(c) This section does not apply to a special investigator | ||
under Article 2.122, Code of Criminal Procedure, or a peace officer | ||
regardless of whether the special investigator or peace officer is | ||
engaged in the actual discharge of the investigator's or officer's | ||
duties while carrying the firearm. | ||
(d) It is not a defense to prosecution under this section | ||
that the actor carried a handgun under the authority of Subchapter | ||
H, Chapter 411, Government Code. | ||
(e) In this section, "intoxicated" has the meaning assigned | ||
by Section 49.01. | ||
SECTION 2. Section 411.186(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department shall revoke a license under this section | ||
if the license holder: | ||
(1) was not entitled to the license at the time it was | ||
issued; | ||
(2) made a material misrepresentation or failed to | ||
disclose a material fact in an application submitted under this | ||
subchapter; | ||
(3) subsequently becomes ineligible for a license | ||
under Section 411.172, unless the sole basis for the ineligibility | ||
is that the license holder is charged with the commission of a Class | ||
A or Class B misdemeanor or equivalent offense, or of an offense | ||
under Section 42.01, Penal Code, or equivalent offense, or of a | ||
felony under an information or indictment; | ||
(4) is convicted of an offense under Section 46.025 or | ||
46.035, Penal Code; | ||
(5) is determined by the department to have engaged in | ||
conduct constituting a reason to suspend a license listed in | ||
Section 411.187(a) after the person's license has been previously | ||
suspended twice for the same reason; or | ||
(6) submits an application fee that is dishonored or | ||
reversed if the applicant fails to submit a cashier's check or money | ||
order made payable to the "Department of Public Safety of the State | ||
of Texas" in the amount of the dishonored or reversed fee, plus $25, | ||
within 30 days of being notified by the department that the fee was | ||
dishonored or reversed. | ||
SECTION 3. Section 411.198(b), Government Code, is amended | ||
to read as follows: | ||
(b) It is a defense to prosecution under Section 46.025 or | ||
46.035, Penal Code, that the actor, at the time of the commission of | ||
the offense, was the holder of an alias license issued under this | ||
section. | ||
SECTION 4. Section 411.206(c), Government Code, is amended | ||
to read as follows: | ||
(c) Any judgment of conviction entered by any court for an | ||
offense under Section 46.025 or 46.035, Penal Code, committed by a | ||
license holder must contain the handgun license number of the | ||
convicted license holder. A certified copy of the judgment is | ||
conclusive and sufficient evidence to justify revocation of a | ||
license under Section 411.186(a)(4). | ||
SECTION 5. Section 46.035(d), Penal Code, is repealed. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2017. |