Bill > HB5041

This bill amends the Texas Penal Code to create a new criminal offense specifically targeting individuals who are not lawfully present in the United States and possess a firearm. Under the proposed legislation, a person who is an undocumented immigrant and is found to be in possession of a firearm would be charged with a state jail felony, which is a less serious category of felony in Texas. The bill adds a new subsection (a-2) to Section 46.04 of the Penal Code to explicitly define this offense, while maintaining existing penalties for other firearm-related offenses such as unlawful possession by convicted felons or individuals with certain prior convictions. The new law is set to take effect on September 1, 2025, giving state authorities and legal systems time to prepare for its implementation. By creating this specific criminal offense, the bill aims to enhance legal mechanisms for addressing firearm possession by individuals who are not legally authorized to be in the United States.

Military Affairs and Security

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5041