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TX HB435
Bill
Status
11/12/2024
Primary Sponsor
Jon Rosenthal
Click for details
AI Summary
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Creates new criminal offense under Section 46.022 of the Penal Code for carrying a firearm (handgun or long gun) on or about one's person in a public place while intoxicated, classified as a Class C misdemeanor
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Exempts peace officers and special investigators from the prohibition regardless of whether they are on duty, and exempts persons carrying unloaded firearms encased in a container
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Defines "public place" to exclude the interior of a personal motor vehicle (not mass transit) and the person's private residence including curtilage
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Specifies that having a concealed handgun license or other legal authorization to carry a firearm is not a valid defense to prosecution under this offense
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Removes self-defense justification for use of force when the actor was carrying a firearm while intoxicated in violation of this new section, and adds the offense to the list of activities that constitute a common nuisance
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Takes effect September 1, 2025, applying only to offenses committed on or after that date
Legislative Description
Relating to prohibiting carrying a firearm while intoxicated; creating a criminal offense.
Crimes
Last Action
Referred to Criminal Jurisprudence
2/28/2025