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  89R8636 EAS-D     By: Tinderholt H.B. No. 5041       A BILL TO BE ENTITLED   AN ACT   relating to the unlawful possession of a firearm by a person not   lawfully present in the United States; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.04, Penal Code, is amended by adding   Subsection (a-2) and amending Subsection (e) to read as follows:           (a-2)     A person commits an offense if the person is not   lawfully present in the United States and possesses a firearm.          (e)  An offense under Subsection (a) is a felony of the third   degree.   An offense under Subsection (a-2) is a state jail felony.     An offense under Subsection (a-1), (b), or (c) is a Class A   misdemeanor.          SECTION 2.  This Act takes effect September 1, 2025.