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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting carrying a firearm while intoxicated; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.022 to read as follows: |
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Sec. 46.022. UNLAWFUL CARRYING OF FIREARM WHILE |
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INTOXICATED. (a) A person commits an offense if, while |
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intoxicated, the person carries on or about his or her person a |
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firearm, including a handgun or long gun, in a public place. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) This section does not apply to: |
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(1) a special investigator under Article 2.122, Code |
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of Criminal Procedure, or a peace officer regardless of whether the |
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special investigator or peace officer is engaged in the actual |
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discharge of the investigator's or officer's duties while carrying |
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the firearm; or |
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(2) a person who carries a firearm that is unloaded and |
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encased in a container. |
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(d) It is not a defense to prosecution under this section |
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that the actor carried a handgun under the authority of Subchapter |
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H, Chapter 411, Government Code, or carried a firearm under another |
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law authorizing the carrying of that firearm by a person not |
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otherwise prohibited by state or federal law from carrying a |
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firearm. |
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(e) In this section, "intoxicated" has the meaning assigned |
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by Section 49.01. |
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(f) For purposes of this section, "public place" does not |
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include: |
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(1) the interior of a motor vehicle not used for mass |
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transit; or |
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(2) the actor's private residence, including the |
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curtilage of that residence. |
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SECTION 2. Section 125.0015(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person who maintains a place to which persons |
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habitually go for the following purposes and who knowingly |
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tolerates the activity and furthermore fails to make reasonable |
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attempts to abate the activity maintains a common nuisance: |
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(1) discharge of a firearm in a public place as |
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prohibited by the Penal Code; |
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(2) reckless discharge of a firearm as prohibited by |
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the Penal Code; |
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(3) engaging in organized criminal activity as a |
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member of a combination as prohibited by the Penal Code; |
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(4) delivery, possession, manufacture, or use of a |
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substance or other item in violation of Chapter 481, Health and |
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Safety Code; |
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(5) gambling, gambling promotion, or communicating |
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gambling information as prohibited by the Penal Code; |
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(6) prostitution as described by Section 43.02, Penal |
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Code, solicitation of prostitution as described by Section 43.021, |
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Penal Code, promotion of prostitution as described by Section |
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43.03, Penal Code, or aggravated promotion of prostitution as |
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described by Section 43.04, Penal Code; |
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(7) compelling prostitution as prohibited by the Penal |
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Code; |
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(8) commercial manufacture, commercial distribution, |
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or commercial exhibition of obscene material as prohibited by the |
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Penal Code; |
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(9) aggravated assault as described by Section 22.02, |
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Penal Code; |
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(10) sexual assault as described by Section 22.011, |
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Penal Code; |
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(11) aggravated sexual assault as described by Section |
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22.021, Penal Code; |
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(12) robbery as described by Section 29.02, Penal |
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Code; |
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(13) aggravated robbery as described by Section 29.03, |
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Penal Code; |
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(14) unlawfully carrying a weapon as described by |
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Section 46.02, Penal Code, or unlawfully carrying a firearm while |
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intoxicated as described by Section 46.022, Penal Code; |
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(15) murder as described by Section 19.02, Penal Code; |
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(16) capital murder as described by Section 19.03, |
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Penal Code; |
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(17) continuous sexual abuse of young child or |
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disabled individual as described by Section 21.02, Penal Code; |
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(18) massage therapy or other massage services in |
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violation of Chapter 455, Occupations Code; |
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(19) employing or entering into a contract for the |
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performance of work or the provision of a service with an individual |
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younger than 21 years of age for work or services performed at a |
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sexually oriented business as defined by Section 243.002, Local |
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Government Code; |
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(20) trafficking of persons as described by Section |
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20A.02, Penal Code; |
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(21) sexual conduct or performance by a child as |
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described by Section 43.25, Penal Code; |
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(22) employment harmful to a child as described by |
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Section 43.251, Penal Code; |
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(23) criminal trespass as described by Section 30.05, |
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Penal Code; |
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(24) disorderly conduct as described by Section 42.01, |
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Penal Code; |
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(25) arson as described by Section 28.02, Penal Code; |
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(26) criminal mischief as described by Section 28.03, |
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Penal Code, that causes a pecuniary loss of $500 or more; |
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(27) a graffiti offense in violation of Section 28.08, |
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Penal Code; or |
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(28) permitting an individual younger than 18 years of |
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age to enter the premises of a sexually oriented business as defined |
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by Section 243.002, Local Government Code. |
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SECTION 3. Section 9.31(b), Penal Code, is amended to read |
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as follows: |
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(b) The use of force against another is not justified: |
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(1) in response to verbal provocation alone; |
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(2) to resist an arrest or search that the actor knows |
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is being made by a peace officer, or by a person acting in a peace |
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officer's presence and at his direction, even though the arrest or |
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search is unlawful, unless the resistance is justified under |
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Subsection (c); |
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(3) if the actor consented to the exact force used or |
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attempted by the other; |
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(4) if the actor provoked the other's use or attempted |
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use of unlawful force, unless: |
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(A) the actor abandons the encounter, or clearly |
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communicates to the other his intent to do so reasonably believing |
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he cannot safely abandon the encounter; and |
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(B) the other nevertheless continues or attempts |
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to use unlawful force against the actor; or |
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(5) if the actor sought an explanation from or |
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discussion with the other person concerning the actor's differences |
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with the other person while the actor was: |
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(A) carrying a weapon in violation of Section |
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46.02; [or] |
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(B) carrying a firearm while intoxicated in |
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violation of Section 46.022; or |
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(C) possessing or transporting a weapon in |
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violation of Section 46.05. |
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SECTION 4. Section 46.02(a-6), Penal Code, is repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |