89R2629 JSC-D     By: Rosenthal H.B. No. 435       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting carrying a firearm while intoxicated;   creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 46, Penal Code, is amended by adding   Section 46.022 to read as follows:          Sec. 46.022.  UNLAWFUL CARRYING OF FIREARM WHILE   INTOXICATED. (a) A person commits an offense if, while   intoxicated, the person carries on or about his or her person a   firearm, including a handgun or long gun, in a public place.          (b)  An offense under this section is a Class C misdemeanor.          (c)  This section does not apply to:                (1)  a special investigator under Article 2A.002, Code   of Criminal Procedure, or a peace officer regardless of whether the   special investigator or peace officer is engaged in the actual   discharge of the investigator's or officer's duties while carrying   the firearm; or                (2)  a person who carries a firearm that is unloaded and   encased in a container.          (d)  It is not a defense to prosecution under this section   that the actor carried a handgun under the authority of Subchapter   H, Chapter 411, Government Code, or carried a firearm under another   law authorizing the carrying of that firearm by a person not   otherwise prohibited by state or federal law from carrying a   firearm.          (e)  In this section, "intoxicated" has the meaning assigned   by Section 49.01.          (f)  For purposes of this section, "public place" does not   include:                (1)  the interior of a motor vehicle not used for mass   transit; or                (2)  the actor's private residence, including the   curtilage of that residence.          SECTION 2.  Section 125.0015(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A person who maintains a place to which persons   habitually go for the following purposes and who knowingly   tolerates the activity and furthermore fails to make reasonable   attempts to abate the activity maintains a common nuisance:                (1)  discharge of a firearm in a public place as   prohibited by the Penal Code;                (2)  reckless discharge of a firearm as prohibited by   the Penal Code;                (3)  engaging in organized criminal activity as a   member of a combination as prohibited by the Penal Code;                (4)  delivery, possession, manufacture, or use of a   substance or other item in violation of Chapter 481, Health and   Safety Code;                (5)  gambling, gambling promotion, or communicating   gambling information as prohibited by the Penal Code;                (6)  prostitution as described by Section 43.02, Penal   Code, solicitation of prostitution as described by Section 43.021,   Penal Code, promotion of prostitution as described by Section   43.03, Penal Code, or aggravated promotion of prostitution as   described by Section 43.04, Penal Code;                (7)  compelling prostitution as prohibited by the Penal   Code;                (8)  commercial manufacture, commercial distribution,   or commercial exhibition of obscene material as prohibited by the   Penal Code;                (9)  aggravated assault as described by Section 22.02,   Penal Code;                (10)  sexual assault as described by Section 22.011,   Penal Code;                (11)  aggravated sexual assault as described by Section   22.021, Penal Code;                (12)  robbery as described by Section 29.02, Penal   Code;                (13)  aggravated robbery as described by Section 29.03,   Penal Code;                (14)  unlawfully carrying a weapon as described by   Section 46.02, Penal Code, or unlawfully carrying a firearm while   intoxicated as described by Section 46.022, Penal Code;                (15)  murder as described by Section 19.02, Penal Code;                (16)  capital murder as described by Section 19.03,   Penal Code;                (17)  continuous sexual abuse of young child or   disabled individual as described by Section 21.02, Penal Code;                (18)  massage therapy or other massage services in   violation of Chapter 455, Occupations Code;                (19)  employing or entering into a contract for the   performance of work or the provision of a service with an individual   younger than 21 years of age for work or services performed at a   sexually oriented business as defined by Section 243.002, Local   Government Code;                (20)  trafficking of persons as described by Section   20A.02, Penal Code;                (21)  sexual conduct or performance by a child as   described by Section 43.25, Penal Code;                (22)  employment harmful to a child as described by   Section 43.251, Penal Code;                (23)  criminal trespass as described by Section 30.05,   Penal Code;                (24)  disorderly conduct as described by Section 42.01,   Penal Code;                (25)  arson as described by Section 28.02, Penal Code;                (26)  criminal mischief as described by Section 28.03,   Penal Code, that causes a pecuniary loss of $500 or more;                (27)  a graffiti offense in violation of Section 28.08,   Penal Code; or                (28)  permitting an individual younger than 18 years of   age to enter the premises of a sexually oriented business as defined   by Section 243.002, Local Government Code.          SECTION 3.  Section 9.31(b), Penal Code, is amended to read   as follows:          (b)  The use of force against another is not justified:                (1)  in response to verbal provocation alone;                (2)  to resist an arrest or search that the actor knows   is being made by a peace officer, or by a person acting in a peace   officer's presence and at his direction, even though the arrest or   search is unlawful, unless the resistance is justified under   Subsection (c);                (3)  if the actor consented to the exact force used or   attempted by the other;                (4)  if the actor provoked the other's use or attempted   use of unlawful force, unless:                      (A)  the actor abandons the encounter, or clearly   communicates to the other his intent to do so reasonably believing   he cannot safely abandon the encounter; and                      (B)  the other nevertheless continues or attempts   to use unlawful force against the actor; or                (5)  if the actor sought an explanation from or   discussion with the other person concerning the actor's differences   with the other person while the actor was:                      (A)  carrying a weapon in violation of Section   46.02; [or]                      (B)  carrying a firearm while intoxicated in   violation of Section 46.022; or                      (C)  possessing or transporting a weapon in   violation of Section 46.05.          SECTION 4.  Section 46.02(a-6), Penal Code, is repealed.          SECTION 5.  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 6.  This Act takes effect September 1, 2025.