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H.B. No. 1831
AN ACT
relating to the definition of "convicted" for purposes of
eligibility to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.171(4), Government Code, is amended
to read as follows:
(4) "Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication entered against a person by a court of competent
jurisdiction whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:
(A) expunged; or
(B) pardoned under the authority of a state or
federal official.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1711 to read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171,
if an order of deferred adjudication was entered against the person
on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of
deferred adjudication was entered against the person for an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1831 was passed by the House on May 4,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1831 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor