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Constitutional Carry

Updated: Sep 9

Starting September 1, Texans over age 21 will be able to carry a handgun in public without license or training. House Bill 1927 eliminated the requirement for Texans to obtain a license to carry as long as they are not prohibited from possessing a gun by state or federal law. This legislation also makes a number of other changes and additions to the Penal Code concerning firearms, including:

  • Making it a crime to carry a firearm while intoxicated. This offense is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.

  • Making it a crime for a gang member to carry a firearm in a vehicle. This offense is a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine.

  • Allowing a peace officer to disarm a citizen at any time if he or she believes it is necessary to protect the person, the officer or another individual. The officer, however, must return the person’s handgun before leaving the scene if the officer determines the person was not a threat and didn’t commit a violation.

  • Allows for the expungement of records for those who have been previously convicted of unlawfully carrying a weapon before September 1, 2021.

2. Obstructing Emergency Vehicles

HB 9: Signed June 1

House Bill 9 makes it a state jail felony to knowingly block an emergency vehicle with its lights and sirens on or to obstruct access to a hospital or health care facility. A state jail felony is punishable by six months to two years behind bars and a maximum $10,000 fine. Individuals convicted of this offense are required to spend at least 10 days in jail, even if they are sentenced to probation. This legislation was passed in response to protestors blocking roadways during last year’s nationwide protests against police brutality.

3. Financial Abuse of the Elderly

HB 1156: Signed June 9

This bill creates the new offense of financial abuse of an elderly individual. A person commits this offense if he or she “knowingly engages in the wrongful taking, appropriation, obtaining, retention or use of money or other property of an elderly person” by any means, including financial exploitation. The penalties for financial abuse of an elder range from a Class B misdemeanor to a first-degree felony depending on the amount of property or money taken. This bill was passed in response to the growing number of elderly Texans who fall victims to scams, frauds and exploitation each year.

4. Impersonating a Private Investigator

HB 1400: Signed June 15

It is now illegal in Texas to impersonate a private investigator, who are licensed by the Texas Department of Public Safety and deal with personal and highly sensitive matters. A person commits this offense if he or she impersonates a private investigator with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts of a private investigator, or knowingly purports to exercise any function the requires licensure as a private investigator. Impersonating or purporting to be a private investigator is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.

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