House Bill No. 5041 amends the Texas Penal Code to create a new criminal offense regarding the unlawful possession of a firearm by individuals not lawfully present in the United States. Specifically, it introduces a new subsection (a-2) that states a person commits an offense if they possess a firearm while not lawfully present in the country. This addition establishes a clear legal framework for addressing firearm possession among undocumented individuals.

Furthermore, the bill modifies the existing penalties for firearm offenses by designating the new offense under subsection (a-2) as a state jail felony, while maintaining that offenses under the previous subsections (a), (b), or (c) remain classified as Class A misdemeanors or third-degree felonies, depending on the specific circumstances. The bill is set to take effect on September 1, 2025.

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