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TX HB435

Bill

Status

Introduced

11/12/2024

Primary Sponsor

Jon Rosenthal

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • 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

  • 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

  • Defines "public place" to exclude the interior of a personal motor vehicle (not mass transit) and the person's private residence including curtilage

  • 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

  • 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

  • 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

Committee Referrals

Criminal Jurisprudence2/28/2025

Full Bill Text

No bill text available