Bill Text: TX SB1974 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to provisions relating to possession or carrying of a handgun by a person who is a member of a criminal street gang.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to State Affairs [SB1974 Detail]
Download: Texas-2021-SB1974-Introduced.html
87R10816 JSC-D | ||
By: Springer | S.B. No. 1974 |
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relating to provisions relating to possession or carrying of a | ||
handgun by a person who is a member of a criminal street gang. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 67.052, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) If any criminal information submitted under this | ||
article relates to a person who holds a license to carry a handgun | ||
under Subchapter H, Chapter 411, Government Code, the department | ||
shall promptly provide to the license holder by certified mail to | ||
the license holder's address: | ||
(1) notification regarding the inclusion of the | ||
license holder's information in the department's intelligence | ||
database; and | ||
(2) a description of the process for disputing the | ||
inclusion of information in the database. | ||
SECTION 2. Section 46.02(a-1), Penal Code, is amended to | ||
read as follows: | ||
(a-1) A person commits an offense if the person | ||
intentionally, knowingly, or recklessly carries on or about his or | ||
her person a handgun in a motor vehicle or watercraft that is owned | ||
by the person or under the person's control at any time in which: | ||
(1) the handgun is in plain view, unless the person is | ||
licensed to carry a handgun under Subchapter H, Chapter 411, | ||
Government Code, and the handgun is carried in a shoulder or belt | ||
holster; or | ||
(2) the person [ |
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(A) is engaged in criminal activity, other than a | ||
Class C misdemeanor that is a violation of a law or ordinance | ||
regulating traffic or boating; | ||
(B) is prohibited by law from possessing a | ||
firearm; or | ||
(C) has been previously convicted of an offense | ||
for which the judgment in the case contains an affirmative finding | ||
under Article 42.0197, Code of Criminal Procedure [ |
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SECTION 3. Article 67.052(c), Code of Criminal Procedure, | ||
as added by this Act, applies only to a handgun license holder whose | ||
criminal information is submitted on or after the effective date of | ||
this Act to the intelligence database maintained by the Department | ||
of Public Safety of the State of Texas. | ||
SECTION 4. Section 46.02(a-1), Penal Code, as amended 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 5. This Act takes effect September 1, 2021. |