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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement under certain circumstances that a |
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license holder display their license to carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.205, Government Code, is repealed. |
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SECTION 2. Sections 411.187(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) A license may be suspended under this section if the |
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license holder: |
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(1) is charged with the commission of a Class A or |
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Class B misdemeanor or an offense under Section 42.01, Penal Code, |
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or of a felony under an information or indictment; |
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(2) [fails to display a license as required by Section
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411.205;
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[(3)] fails to notify the department of a change of |
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address or name as required by Section 411.181; |
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(3) [(4)] carries a concealed handgun under the |
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authority of this subchapter of a different category than the |
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license holder is licensed to carry; |
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(4) [(5)] fails to return a previously issued license |
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after a license is modified as required by Section 411.184(d); |
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(5) [(6)] commits an act of family violence and is the |
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subject of an active protective order rendered under Title 4, |
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Family Code; or |
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(6) [(7)] is arrested for an offense involving family |
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violence or an offense under Section 42.072, Penal Code, and is the |
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subject of an order for emergency protection issued under Article |
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17.292, Code of Criminal Procedure. |
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(c) A license may be suspended under this section: |
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(1) for 30 days, if the person's license is subject to |
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suspension for a reason listed in Subsection (a)(2), (3) [(a)(3)], |
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or (4), [or (5),] except as provided by Subdivision (2) [(3)]; |
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(2) [for 90 days, if the person's license is subject to
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suspension for a reason listed in Subsection (a)(2), except as
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provided by Subdivision (3);
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[(3)] for not less than one year and not more than three |
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years if the person's license is subject to suspension for a reason |
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listed in Subsection (a), other than the reason listed in |
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Subsection (a)(1), and the person's license has been previously |
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suspended for the same reason; |
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(3) [(4)] until dismissal of the charges if the |
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person's license is subject to suspension for the reason listed in |
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Subsection (a)(1); or |
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(4) [(5)] for the duration of or the period specified |
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by: |
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(A) the protective order issued under Title 4, |
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Family Code, if the person's license is subject to suspension for |
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the reason listed in Subsection (a)(5) [(a)(6)]; or |
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(B) the order for emergency protection issued |
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under Article 17.292, Code of Criminal Procedure, if the person's |
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license is subject to suspension for the reason listed in |
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Subsection (a)(6) [(a)(7)]. |
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SECTION 3. An offense under Section 411.205, Government |
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Code, may not be prosecuted after the effective date of this Act. |
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If, on the effective date of this Act, a criminal action is pending |
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for an offense under Section 411.205, the action is dismissed on |
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that date. However, a final conviction for an offense under Section |
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411.205 that exists on the effective date of this Act is unaffected |
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by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |