Bill > HB435

This bill creates a new criminal offense in Texas of unlawfully carrying a firearm while intoxicated, which means carrying a firearm (including handguns and long guns) in a public place while in an intoxicated state, defined according to existing legal definitions. The offense would be classified as a Class C misdemeanor, with specific exemptions for law enforcement and special investigators, as well as for firearms that are unloaded and enclosed in a container. The bill clarifies that having a permit to carry a handgun or being authorized to carry a firearm under other laws is not a defense against this new offense. The bill also amends related sections of the Penal Code to incorporate this new offense, including modifications to provisions about justifiable use of force and common nuisance laws. Importantly, the new law would only apply to offenses committed on or after September 1, 2025, and does not retroactively affect previous incidents. The public place definition excludes the interior of a private motor vehicle and a person's private residence, providing some context for where the law would be enforced.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB435