87(R) HB 1927 - Enrolled version - Bill Text

	H.B.  No.  1927

	AN ACT
	relating to provisions governing the carrying of a firearm by a
	person who is 21 years of age or older and not otherwise prohibited
	by state or federal law from possessing the firearm and to other
	provisions related to the carrying, possessing, transporting, or
	storing of a firearm or other weapon; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    This Act shall be known as the Firearm Carry Act
	of 2021.
	SECTION  2.    The Legislature of the State of Texas finds that:
	(1)    The Second Amendment of the United States
	Constitution protects an individual right to keep and bear arms,
	and to possess a firearm unconnected with service in a militia, and
	to use that firearm for traditionally lawful purposes, such as
	self-defense within the home;
	(2)    Section 23, Article I, of the Texas Constitution
	secures for Texas citizens the right to keep and bear arms;
	(3)    persons who are currently prohibited from
	possessing firearms under state and federal law will not gain the
	right to possess or carry a firearm under this legislation; and
	(4)    persons who are currently prohibited from
	possessing a firearm include: persons convicted of a felony as
	described by the provisions of Section 46.04, Penal Code, persons
	convicted of certain assault offenses under Section 22.01, Penal
	Code, punishable as a Class A misdemeanor and involving a member of
	the person's family or household, certain persons who are the
	subject of a protective order under Section 46.04(c), Penal Code,
	and persons meeting any of the criteria listed in 18 U.S.C. Section
	922(g), including persons adjudicated to be mentally incompetent.
	SECTION  3.    Article 14.03, Code of Criminal Procedure, is
	amended by adding Subsection (h) to read as follows:
	(h)(1)    A peace officer who is acting in the lawful discharge
	of the officer's official duties may disarm a person at any time the
	officer reasonably believes it is necessary for the protection of
	the person, officer, or another individual.  The peace officer
	shall return the handgun to the person before discharging the
	person from the scene if the officer determines that the person is
	not a threat to the officer, person, or another individual and if
	the person has not committed a violation that results in the arrest
	of the person.
	(2)    A peace officer who is acting in the lawful
	discharge of the officer's official duties may temporarily disarm a
	person when the person enters a nonpublic, secure portion of a law
	enforcement facility, if the law enforcement agency provides a gun
	locker or other secure area where the peace officer can secure the
	person's handgun.  The peace officer shall secure the handgun in the
	locker or other secure area and shall return the handgun to the
	person immediately after the person leaves the nonpublic, secure
	portion of the law enforcement facility.
	(3)    For purposes of this subsection, "law enforcement
	facility" and "nonpublic, secure portion of a law enforcement
	facility" have the meanings assigned by Section 411.207, Government
	Code.
	SECTION  4.    Article 55.01(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)    A person who has been placed under a custodial or
	noncustodial arrest for commission of either a felony or
	misdemeanor is entitled to have all records and files relating to
	the arrest expunged if:
	(1)    the person is tried for the offense for which the
	person was arrested and is:
	(A)    acquitted by the trial court, except as
	provided by Subsection (c); [or]
	(B)    convicted and subsequently:
	(i)    pardoned for a reason other than that
	described by Subparagraph (ii); or
	(ii)    pardoned or otherwise granted relief
	on the basis of actual innocence with respect to that offense, if
	the applicable pardon or court order clearly indicates on its face
	that the pardon or order was granted or rendered on the basis of the
	person's actual innocence; or
	(C)    convicted of an offense committed before
	September 1, 2021, under Section 46.02(a), Penal Code, as that
	section existed before that date; or
	(2)    the person has been released and the charge, if
	any, has not resulted in a final conviction and is no longer pending
	and there was no court-ordered community supervision under Chapter