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            |  | A BILL TO BE ENTITLED | 
         
            |  | AN ACT | 
         
            |  | relating to the unlawful possession of a firearm by a person not | 
         
            |  | lawfully present in the United States. | 
         
            |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
            |  | SECTION 1.  Section 46.04, Penal Code, is amended by adding | 
         
            |  | Subsection (a-2) and amending Subsection (e) to read as follows: | 
         
            |  | (a-2)  A person commits an offense if the person is not | 
         
            |  | lawfully present in the United States and possesses a firearm. | 
         
            |  | (e)  An offense under Subsection (a) or (a-2) is a felony of | 
         
            |  | the third degree.  An offense under Subsection (a-1), (b), or (c) is | 
         
            |  | a Class A misdemeanor. | 
         
            |  | SECTION 2.  This Act takes effect January 1, 2024, if it | 
         
            |  | receives a vote of two-thirds of all the members elected to each | 
         
            |  | house, as provided by Section 39, Article III, Texas Constitution. | 
         
            |  | If this Act does not receive the vote necessary for effect on that | 
         
            |  | date, this Act takes effect on the 91st day after the last day of the | 
         
            |  | legislative session. |