By: Phelan, et al. (Senate Sponsor - Creighton)	H.B. No. 1177
	(In the Senate - Received from the House April 23, 2019;
	April 24, 2019, read first time and referred to Committee on State
	Affairs; May 15, 2019, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 8, Nays 1;
	May 15, 2019, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 1177	By:  Creighton

	A BILL TO BE ENTITLED
	AN ACT
	relating to carrying a concealed handgun following a mandatory
	evacuation order issued during a state of disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.15, Penal Code, is amended by adding
	Subsections (k) and (l) to read as follows:
	(k)  Section 46.02 does not apply to a person who carries a
	handgun if:
	(1)  the person carries the handgun in a concealed
	manner;
	(2)  the person carries the handgun while:
	(A)  evacuating from an area following a mandatory
	evacuation order issued during a state of disaster declared under
	Section 418.014, Government Code, or a local state of disaster
	declared under Section 418.108, Government Code, with respect to
	that area; or
	(B)  reentering that area following the person's
	evacuation;
	(3)  not more than 48 hours have elapsed since the
	mandatory evacuation order was issued, or more than 48 hours have
	elapsed since the mandatory evacuation order was issued and the
	governor has extended the period during which a person may carry a
	concealed handgun; and
	(4)  the person is not prohibited by state or federal
	law from possessing a firearm.
	(l)  For purposes of Subsection (k), "evacuating" means the
	immediate and urgent movement of a person away from an area that is
	subject to an evacuation order.
	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 was
	committed before that date.
	SECTION 3.  This Act takes effect September 1, 2019.
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