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  89R6181 JSC-F     By: West S.B. No. 809       A BILL TO BE ENTITLED   AN ACT   relating to the carrying of a firearm by a person who is a member of   a criminal street gang; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 46.04(a-1) and (e), Penal Code, are   amended to read as follows:          (a-1)  A person who is a member of a criminal street gang, as   defined by Section 71.01, commits an offense if the person :                 (1)   intentionally, knowingly, or recklessly carries   on or about his or her person a firearm; and                 (2)     is engaged in conduct constituting an offense that   is a Class B misdemeanor or any higher category of offense:                       (A)     listed in Article 42A.054(a), Code of   Criminal Procedure;                       (B)  listed in Section 71.02(a) of this code;                       (C)  under Title 5, 6, or 7 of this code;                       (D)     under Subchapter D, Chapter 481, Health and   Safety Code; or                       (E)     during the commission of which or during the   immediate flight from the commission of which the firearm or other   deadly weapon was used or exhibited [ handgun in a motor vehicle or   watercraft ].          (e)  An offense under Subsection (a) or (a-1) is a felony of   the third degree. An offense under Subsection [ (a-1), ] (b)[ , ] or   (c) is a Class A misdemeanor.          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 occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.