Bill Text: TX HB1177 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to carrying a handgun during a state of disaster.
Spectrum: Partisan Bill (Republican 44-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1177 Detail]
Download: Texas-2019-HB1177-Comm_Sub.html
Bill Title: Relating to carrying a handgun during a state of disaster.
Spectrum: Partisan Bill (Republican 44-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1177 Detail]
Download: Texas-2019-HB1177-Comm_Sub.html
By: Phelan, et al. (Senate Sponsor - Creighton) | H.B. No. 1177 | |
(In the Senate - Received from the House April 23, 2019; | ||
April 24, 2019, read first time and referred to Committee on State | ||
Affairs; May 15, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 1; | ||
May 15, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1177 | By: Creighton |
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relating to carrying a concealed handgun following a mandatory | ||
evacuation order issued during a state of disaster. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.15, Penal Code, is amended by adding | ||
Subsections (k) and (l) to read as follows: | ||
(k) Section 46.02 does not apply to a person who carries a | ||
handgun if: | ||
(1) the person carries the handgun in a concealed | ||
manner; | ||
(2) the person carries the handgun while: | ||
(A) evacuating from an area following a mandatory | ||
evacuation order issued during a state of disaster declared under | ||
Section 418.014, Government Code, or a local state of disaster | ||
declared under Section 418.108, Government Code, with respect to | ||
that area; or | ||
(B) reentering that area following the person's | ||
evacuation; | ||
(3) not more than 48 hours have elapsed since the | ||
mandatory evacuation order was issued, or more than 48 hours have | ||
elapsed since the mandatory evacuation order was issued and the | ||
governor has extended the period during which a person may carry a | ||
concealed handgun; and | ||
(4) the person is not prohibited by state or federal | ||
law from possessing a firearm. | ||
(l) For purposes of Subsection (k), "evacuating" means the | ||
immediate and urgent movement of a person away from an area that is | ||
subject to an evacuation order. | ||
SECTION 2. 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 was | ||
committed before that date. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
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