By: Estes, Schwertner  S.B. No. 299
         (In the Senate - Filed January 29, 2013; February 5, 2013,
  read first time and referred to Committee on Criminal Justice;
  March 28, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 1; March 28, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 299 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the intentional display of a handgun by a person
  licensed to carry a concealed handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (h), Section 46.035, Penal
  Code, are amended to read as follows:
         (a)  A license holder commits an offense if the license
  holder carries a handgun on or about the license holder's person
  under the authority of Subchapter H, Chapter 411, Government Code,
  and intentionally displays [fails to conceal] the handgun in plain
  view of another person in a public place.
         (h)  It is a defense to prosecution under Subsection (a) that
  the actor, at the time of the commission of the offense, displayed
  the handgun under circumstances in which the actor would have been
  justified in the use of force or deadly force under Chapter 9.
         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 occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2013.
 
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