The bill, H.B. No. 5041, proposes to amend Section 46.04 of the Texas Penal Code to create a new criminal offense related to the unlawful possession of firearms by individuals not lawfully present in the United States. Specifically, it introduces a new subsection (a-2), which states that a person commits an offense if they possess a firearm while not lawfully present in the country.

Additionally, the bill modifies subsection (e) to classify the offense under the new subsection (a-2) as a state jail felony, while maintaining that offenses under the existing subsections (a), (a-1), (b), or (c) remain classified as a third-degree felony or Class A misdemeanor, respectively. The bill is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Penal Code 46.04 (Penal Code 46)