If it was a habitation then you are not eligible, but if it was not a habitation, you are eligible. Tex. Gov't Code §411.1711 was amended in 2009 by adding totally unjustified language to the DPS sunset bill that included burglary of a habitation to Title 5 and Chp. 29 offenses that result in permanent disqualification. I can't go into details about who wanted this, but it was wrong and it points out the injustice of including any successfully completed deferred adjudications in the definition of "conviction" for CHL eligibility purposes.
Chas.
Tex. Gov't Code §411.1711 wrote:Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:
- (1) a felony offense under:
- (A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02 [burglary], Penal Code, if the offense is punishable under Subsection (c)(2) [habitation] or (d) of that section [habitation]; or
(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).