Penal Code 46.035 - Subsections (h-1)

[K5GU]

In the current Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER statute, there are two (h-1) "defense to prosecution" sections under subsection (h). I had not noticed this until today, and even though it doesn't follow the drafting guidelines, it may be trivial although somewhat confusing. They apparently both got there at the same time from two separate bills signed in during the 80th session.

http://www.statutes.legis.state.tx.us/D ... /PE.46.pdf

I see a couple of bills introduced that include amendments to that section, but these bills also have other amendments in them as well. Does anyone have any knowledge of this duplication of subsection names?

I called the State Law Library and talked to them. They said they would look into it and get back.

[ELB]

I have noticed that before and wondered about it, but never followed up on it.

[K5GU]

And I suppose having two (h-1) sections might NOT be trivial if the actor was a judge or a DA.
One of the first thoughts I have when I see an anomaly like that, that has been 'on the books' since 2007, is that it must not be that important. It looks like there were some bills introduced between that session and now that included changes/fixes to (h-1) through proposed amendments, but those bills didn't make it very far. Probably because of other amendments in the bills?

[WildBill]

It agree it is confusing.

The way I read it, is that the underlined text of the second (h-1) (H.B. 2300), Sec. 5 supersedes and replaces the text of (H.B. 1889), Sec. 2.

[K5GU]

Some of the proposed bills this session (SB311 Campbell, HB308 Springer and HB922 Leach) either strikes, amends, or repeals the (h) subsections, but these bills seem to be either stuck in committee or otherwise not moving much.