Bill Text: TX HB1908 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the carrying of a handgun while intoxicated and to the possession or carrying of a handgun by a license holder in certain locations selling or serving alcoholic beverages.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2025-03-14 - Referred to Criminal Jurisprudence [HB1908 Detail]
Download: Texas-2025-HB1908-Introduced.html
| 89R8151 JSC-F | ||
| By: Schatzline | H.B. No. 1908 | |
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| relating to the carrying of a handgun while intoxicated and to the | ||
| possession or carrying of a handgun by a license holder in certain | ||
| locations selling or serving alcoholic beverages. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 46.01, Penal Code, is amended by adding | ||
| Subdivision (21) to read as follows: | ||
| (21) "Intoxicated" has the meaning assigned by Section | ||
| 49.01. | ||
| SECTION 2. Section 46.03, Penal Code, is amended by | ||
| amending Subsection (g-2) and adding Subsection (j) to read as | ||
| follows: | ||
| (g-2) An offense committed under Subsection (a)(8), | ||
| (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A | ||
| misdemeanor. An offense committed under Subsection (a)(7) is a | ||
| Class A misdemeanor if the actor: | ||
| (1) commits the offense by possessing or carrying a | ||
| handgun that the actor is licensed to carry under Subchapter H, | ||
| Chapter 411, Government Code, and not any other weapon to which this | ||
| section applies; and | ||
| (2) is intoxicated at the time of the offense. | ||
| (j) It is a defense to prosecution under Subsection (a)(7) | ||
| that the actor: | ||
| (1) possesses or carries a handgun that the actor is | ||
| licensed to carry under Subchapter H, Chapter 411, Government Code, | ||
| and not any other weapon to which this section applies; and | ||
| (2) is not intoxicated while possessing or carrying | ||
| the handgun in the location described by Subsection (a)(7). | ||
| SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2025. | ||
