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A BILL TO BE ENTITLED
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AN ACT
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relating to the locations in which a person may carry a firearm, the |
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seizure of a firearm by law enforcement on arrest, and interactions |
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between law enforcement and a handgun license holder; creating |
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criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.096 to read as follows: |
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Art. 18.096. SEIZURE OF FIREARM. (a) If a peace officer |
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arrests a person who is carrying a firearm, the officer shall disarm |
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the person and seize the firearm as evidence. |
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(b) If the seized firearm is a handgun and the person holds a |
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license to carry a handgun issued under Subchapter H, Chapter 411, |
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Government Code, the officer shall seize the person's handgun |
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license under Section 411.206, Government Code. |
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SECTION 2. Article 18.19(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Weapons seized in connection with an offense involving |
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the use of a weapon or an offense under Chapter 46, Penal Code, or on |
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arrest pursuant to Article 18.096 [Chapter 46] shall be held by the |
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law enforcement agency making the seizure, subject to the following |
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provisions, unless: |
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(1) the weapon is a prohibited weapon identified in |
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Chapter 46, Penal Code, [Chapter 46,] in which event Article 18.18 |
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of this code applies; or |
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(2) the weapon is alleged to be stolen property, in |
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which event Chapter 47 of this code applies. |
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SECTION 3. Section 411.205, Government Code, is amended to |
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read as follows: |
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Sec. 411.205. FAILURE [REQUIREMENT] TO DISPLAY LICENSE. |
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(a) A [If a] license holder commits an offense if while [is] |
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carrying a handgun on or about the license holder's person, [when] a |
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magistrate or a peace officer demands that the license holder |
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display identification and[,] the license holder fails to [shall] |
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display both the license holder's driver's license or |
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identification certificate issued by the department and the license |
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holder's handgun license. |
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(b) An offense under this section is a Class B misdemeanor. |
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SECTION 4. Section 46.03, Penal Code, is amended by adding |
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Subsection (a-2) to read as follows: |
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(a-2) A person commits an offense if the person |
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intentionally, knowingly, or recklessly possesses or goes with a |
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firearm on the physical premises of a police station or other |
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building that is a place of operation for a law enforcement agency, |
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including a county sheriff's department, unless the person |
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possesses or goes with a handgun that the person is licensed to |
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carry under Subchapter H, Chapter 411, Government Code. |
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SECTION 5. Article 18.096, Code of Criminal Procedure, as |
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added by this Act, applies to an arrest that occurs on or after the |
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effective date of this Act, regardless of whether the offense for |
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which the person was arrested was committed before, on, or after |
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that date. |
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SECTION 6. Sections 411.205, Government Code, and 46.03, |
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Penal Code, as amended by this Act, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |