TITLE: Relating to the carrying of a firearm by a person who is a member of a criminal street gang; increasing a criminal penalty.

SUMMARY: Relating to the carrying of a firearm by a person who is a member of a criminal street gang; increasing a criminal penalty.

FULL TEXT:
AN ACT relating to the carrying of a firearm by a person who is a member of a criminal street gang; increasing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 46.04(a-1) and (e), Penal Code, are amended to read as follows: (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person:(1) intentionally, knowingly, or recklessly carries on or about his or her person a firearm; and (2) is engaged in conduct constituting an offense that is a Class Bmisdemeanor or any higher category of offense: (A) listed in Article 42A.054(a), Code of Criminal Procedure; (B) listed in Section 71.02(a) of this code; (C) under Title 5, 6, or 7 of this code; (D) under Subchapter D, Chapter 481, Health and Safety Code; or (E) during the commission of which or during the immediate flight from the commission of which the firearm or other deadly weapon was used or exhibited [handgun in a motor vehicle or watercraft].(e) An offense under Subsection (a) or (a-1) is a felony of the third degree. An offense under Subsection [(a-1)] (b) [] or (c) is a Class A misdemeanor. 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, 2025.