Bill Text: TX HB1238 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to provisions governing the carrying of a firearm by a person who is 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.
Spectrum: Partisan Bill (Republican 26-0)
Status: (Introduced - Dead) 2021-03-26 - Left pending in committee [HB1238 Detail]
Download: Texas-2021-HB1238-Introduced.html
87R3676 JSC-F | ||
By: Biedermann | H.B. No. 1238 |
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relating to provisions governing the carrying of a firearm by a | ||
person who is 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. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Texas | ||
Constitutional Carry Act of 2021. | ||
SECTION 2. The heading to Section 46.02, Penal Code, is | ||
amended to read as follows: | ||
Sec. 46.02. UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED | ||
WEAPONS. | ||
SECTION 3. Section 46.02(b), Penal Code, is amended to read | ||
as follows: | ||
(b) An [ |
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offense under this section is a Class C [ |
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SECTION 4. Sections 46.03(a), (e-1), (e-2), and (f), Penal | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person intentionally, | ||
knowingly, or recklessly possesses or goes with a firearm, | ||
location-restricted knife, club, or prohibited weapon listed in | ||
Section 46.05(a): | ||
(1) on the physical premises of a school or | ||
educational institution, any grounds or building on which an | ||
activity sponsored by a school or educational institution is being | ||
conducted, or a passenger transportation vehicle of a school or | ||
educational institution, whether the school or educational | ||
institution is public or private, unless: | ||
(A) pursuant to written regulations or written | ||
authorization of the institution; or | ||
(B) the person is not otherwise prohibited by law | ||
from possessing a firearm and possesses or goes with a [ |
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handgun [ |
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education or private or independent institution of higher | ||
education, on any grounds or building on which an activity | ||
sponsored by the institution is being conducted, or in a passenger | ||
transportation vehicle of the institution; | ||
(2) on the premises of a polling place on the day of an | ||
election or while early voting is in progress; | ||
(3) on the premises of any government court or offices | ||
utilized by the court, unless pursuant to written regulations or | ||
written authorization of the court; | ||
(4) on the premises of a racetrack; | ||
(5) in or into a secured area of an airport; or | ||
(6) within 1,000 feet of premises the location of | ||
which is designated by the Texas Department of Criminal Justice as a | ||
place of execution under Article 43.19, Code of Criminal Procedure, | ||
on a day that a sentence of death is set to be imposed on the | ||
designated premises and the person received notice that: | ||
(A) going within 1,000 feet of the premises with | ||
a weapon listed under this subsection was prohibited; or | ||
(B) possessing a weapon listed under this | ||
subsection within 1,000 feet of the premises was prohibited. | ||
(e-1) It is a defense to prosecution under Subsection (a)(5) | ||
that the actor: | ||
(1) possessed, at the screening checkpoint for the | ||
secured area, a [ |
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otherwise prohibited by state or federal law from possessing | ||
[ |
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(2) exited the screening checkpoint for the secured | ||
area immediately on [ |
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processes and notification that the actor possessed the handgun. | ||
(e-2) A peace officer investigating conduct that may | ||
constitute an offense under Subsection (a)(5) and that consists | ||
only of an actor's possession of a [ |
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actor is not otherwise prohibited by state or federal law from | ||
possessing [ |
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(1) the officer advises the actor of the defense | ||
available under Subsection (e-1) and gives the actor an opportunity | ||
to exit the screening checkpoint for the secured area; and | ||
(2) the actor does not immediately exit the checkpoint | ||
on [ |
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(f) Except as provided by Subsection (e-1), it is not a | ||
defense to prosecution under this section that the actor possessed | ||
a handgun and was: | ||
(1) licensed to carry a handgun under Subchapter H, | ||
Chapter 411, Government Code; or | ||
(2) not otherwise prohibited by state or federal law | ||
from possessing a firearm. | ||
SECTION 5. Chapter 46, Penal Code, is amended by adding | ||
Section 46.032 to read as follows: | ||
Sec. 46.032. CARRYING OF HANDGUN. Except as otherwise | ||
provided by this chapter or other law, a person who is not otherwise | ||
prohibited from possessing a firearm under Section 46.04 of this | ||
code, 18 U.S.C. Section 922, or other law: | ||
(1) is not prohibited from carrying a concealed | ||
handgun or a partially or wholly visible handgun in a holster; and | ||
(2) may not be required to obtain or hold a license for | ||
that purpose. | ||
SECTION 6. The heading to Section 46.035, Penal Code, is | ||
amended to read as follows: | ||
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [ |
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SECTION 7. Sections 46.035(a), (a-2), (a-3), (b), (c), (d), | ||
(h), and (j), Penal Code, are amended to read as follows: | ||
(a) A person [ |
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person [ |
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view of another person in a public place. It is an exception to the | ||
application of this subsection that the handgun was partially or | ||
wholly visible but was carried in a [ |
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(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a | ||
person [ |
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institution of higher education in this state that has established | ||
rules, regulations, or other provisions prohibiting a person | ||
[ |
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or on the grounds or building on which an activity sponsored by the | ||
[ |
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transportation vehicle of the [ |
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whether the handgun is concealed or carried in a holster, provided | ||
the institution gives effective notice under Section 30.06 or | ||
30.07, as applicable. | ||
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a | ||
person [ |
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a premises located on the campus of an institution of higher | ||
education in this state on which the carrying of a [ |
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handgun is prohibited by rules, regulations, or other provisions | ||
established under Section 51.992(d), Education [ |
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under Section 30.06 or 30.07, as applicable, with respect to that | ||
portion. | ||
(b) A person [ |
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person [ |
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carries a handgun [ |
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concealed or carried in a [ |
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(1) on the premises of a business that has a permit or | ||
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic | ||
Beverage Code, if the business derives 51 percent or more of its | ||
income from the sale or service of alcoholic beverages for | ||
on-premises consumption, as determined by the Texas Alcoholic | ||
Beverage Commission under Section 104.06, Alcoholic Beverage Code; | ||
(2) on the premises where a high school, collegiate, | ||
or professional sporting event or interscholastic event is taking | ||
place, unless the person [ |
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event and a handgun is used in the event; | ||
(3) on the premises of a correctional facility; | ||
(4) on the premises of a hospital licensed under | ||
Chapter 241, Health and Safety Code, or on the premises of a nursing | ||
facility licensed under Chapter 242, Health and Safety Code, unless | ||
the person [ |
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hospital or nursing facility administration, as appropriate; | ||
(5) in an amusement park; or | ||
(6) on the premises of a civil commitment facility. | ||
(c) A person [ |
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(1) the person [ |
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knowingly, or recklessly carries a handgun [ |
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the handgun is concealed or carried in a [ |
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in the room or rooms where a meeting of a governmental entity is | ||
held; and | ||
(2) [ |
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an open meeting subject to Chapter 551, Government Code, and the | ||
entity provided notice as required by that chapter. | ||
(d) A person [ |
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person[ |
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while the person is intoxicated [ |
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is concealed or carried in a [ |
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(h) It is a defense to prosecution under Subsection (a), | ||
[ |
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commission of the offense, displayed the handgun under | ||
circumstances in which the actor would have been justified in the | ||
use of force or deadly force under Chapter 9. | ||
(j) Subsections (a), [ |
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not apply to a historical reenactment performed in compliance with | ||
the rules of the Texas Alcoholic Beverage Commission. | ||
SECTION 8. Section 46.02(a-1), Penal Code, is transferred | ||
to Section 46.035, Penal Code, redesignated as Section 46.035(d-1), | ||
Penal Code, and amended to read as follows: | ||
(d-1) [ |
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intentionally, knowingly, or recklessly carries [ |
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concealed or carried in a holster, [ |
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time in which[ |
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[ |
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[ |
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(1) [ |
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Class C misdemeanor that is a violation of a law or ordinance | ||
regulating traffic or boating; or | ||
(2) otherwise [ |
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a firearm[ |
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[ |
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SECTION 9. Section 46.035(f), Penal Code, is amended by | ||
adding Subdivision (1-b) to read as follows: | ||
(1-b) "Intoxicated" has the meaning assigned by | ||
Section 49.01. | ||
SECTION 10. Sections 46.15(a), (h), and (l), Penal Code, | ||
are amended to read as follows: | ||
(a) Sections [ |
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apply to: | ||
(1) peace officers or special investigators under | ||
Article 2.122, Code of Criminal Procedure, and none of those | ||
sections prohibit [ |
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special investigator from carrying a weapon in this state, | ||
including in an establishment in this state serving the public, | ||
regardless of whether the peace officer or special investigator is | ||
engaged in the actual discharge of the officer's or investigator's | ||
duties while carrying the weapon; | ||
(2) parole officers, and none of those sections | ||
prohibit [ |
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weapon in this state if the officer is: | ||
(A) engaged in the actual discharge of the | ||
officer's duties while carrying the weapon; and | ||
(B) in compliance with policies and procedures | ||
adopted by the Texas Department of Criminal Justice regarding the | ||
possession of a weapon by an officer while on duty; | ||
(3) community supervision and corrections department | ||
officers appointed or employed under Section 76.004, Government | ||
Code, and none of those sections prohibit [ |
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officer is: | ||
(A) engaged in the actual discharge of the | ||
officer's duties while carrying the weapon; and | ||
(B) authorized to carry a weapon under Section | ||
76.0051, Government Code; | ||
(4) an active judicial officer as defined by Section | ||
411.201, Government Code, who is licensed to carry a handgun under | ||
Subchapter H, Chapter 411, Government Code; | ||
(5) an honorably retired peace officer or other | ||
qualified retired law enforcement officer, as defined by 18 U.S.C. | ||
Section 926C, who holds a certificate of proficiency issued under | ||
Section 1701.357, Occupations Code, and is carrying a photo | ||
identification that is issued by a federal, state, or local law | ||
enforcement agency, as applicable, and that verifies that the | ||
officer is an honorably retired peace officer or other qualified | ||
retired law enforcement officer; | ||
(6) the attorney general or a United States attorney, | ||
district attorney, criminal district attorney, county attorney, or | ||
municipal attorney who is licensed to carry a handgun under | ||
Subchapter H, Chapter 411, Government Code; | ||
(7) an assistant United States attorney, assistant | ||
attorney general, assistant district attorney, assistant criminal | ||
district attorney, or assistant county attorney who is licensed to | ||
carry a handgun under Subchapter H, Chapter 411, Government Code; | ||
(8) a bailiff designated by an active judicial officer | ||
as defined by Section 411.201, Government Code, who is: | ||
(A) licensed to carry a handgun under Subchapter | ||
H, Chapter 411, Government Code; and | ||
(B) engaged in escorting the judicial officer; | ||
(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code; [ |
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(10) a person who is volunteer emergency services | ||
personnel if the person is: | ||
(A) licensed to carry [ |
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[ |
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(B) engaged in providing emergency services; or | ||
(11) a judge or justice of a federal court who is | ||
licensed to carry a handgun under Subchapter H, Chapter 411, | ||
Government Code. | ||
(h) The provisions of Section [ |
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prohibiting the possession or carrying of a club do not apply to a | ||
code enforcement officer who: | ||
(1) holds a certificate of registration issued under | ||
Chapter 1952, Occupations Code; and | ||
(2) possesses or carries an instrument used | ||
specifically for deterring an animal bite while the officer is: | ||
(A) performing official duties; or | ||
(B) traveling to or from a place of duty. | ||
(l) Sections [ |
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(a)(4), and 46.035(a), [ |
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(b)(6) do not apply to a person who carries a handgun if: | ||
(1) the person carries the handgun on the premises, as | ||
defined by the statute providing the applicable offense, of a | ||
location operating as an emergency shelter during a state of | ||
disaster declared under Section 418.014, Government Code, or a | ||
local state of disaster declared under Section 418.108, Government | ||
Code; | ||
(2) the owner, controller, or operator of the premises | ||
or a person acting with the apparent authority of the owner, | ||
controller, or operator, authorized the carrying of the handgun; | ||
(3) the person carrying the handgun complies with any | ||
rules and regulations of the owner, controller, or operator of the | ||
premises that govern the carrying of a handgun on the premises; and | ||
(4) the person is not prohibited by state or federal | ||
law from possessing a firearm. | ||
SECTION 11. Chapter 507, Business & Commerce Code, is | ||
amended to read as follows: | ||
CHAPTER 507. LICENSE TO CARRY [ |
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VALID FORM [ |
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Sec. 507.001. [ |
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AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the | ||
holder of a [ |
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Chapter 411, Government Code, access to goods, services, or | ||
facilities, except as provided by Section 521.460, Transportation | ||
Code, or in regard to the operation of a motor vehicle, because the | ||
holder has or presents a [ |
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driver's license or other acceptable form of personal | ||
identification. | ||
(b) This section does not affect[ |
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[ |
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[ |
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federal law to access airport premises or pass through airport | ||
security. | ||
SECTION 12. Section 95A.0001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 95A.0001. EVIDENCE OF FAILURE TO FORBID HANDGUNS. The | ||
fact that a card, sign, or other document described by Section | ||
30.06(c)(2) [ |
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Code, is not posted on the property of a business or any other | ||
evidence that a person failed to exercise the person's option to | ||
forbid the carrying of a handgun [ |
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property: | ||
(1) is not admissible as evidence in a trial on the | ||
merits in an action: | ||
(A) against a person, including a business or | ||
other entity, who owns, controls, or manages the property; and | ||
(B) in which the cause of action arises from an | ||
injury sustained on the property; and | ||
(2) does not support a cause of action described by | ||
Subdivision (1) against a person described by that subdivision. | ||
SECTION 13. Section 125.0015(a), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(a) A person who maintains a place to which persons | ||
habitually go for the following purposes and who knowingly | ||
tolerates the activity and furthermore fails to make reasonable | ||
attempts to abate the activity maintains a common nuisance: | ||
(1) discharge of a firearm in a public place as | ||
prohibited by the Penal Code; | ||
(2) reckless discharge of a firearm as prohibited by | ||
the Penal Code; | ||
(3) engaging in organized criminal activity as a | ||
member of a combination as prohibited by the Penal Code; | ||
(4) delivery, possession, manufacture, or use of a | ||
substance or other item in violation of Chapter 481, Health and | ||
Safety Code; | ||
(5) gambling, gambling promotion, or communicating | ||
gambling information as prohibited by the Penal Code; | ||
(6) prostitution, promotion of prostitution, or | ||
aggravated promotion of prostitution as prohibited by the Penal | ||
Code; | ||
(7) compelling prostitution as prohibited by the Penal | ||
Code; | ||
(8) commercial manufacture, commercial distribution, | ||
or commercial exhibition of obscene material as prohibited by the | ||
Penal Code; | ||
(9) aggravated assault as described by Section 22.02, | ||
Penal Code; | ||
(10) sexual assault as described by Section 22.011, | ||
Penal Code; | ||
(11) aggravated sexual assault as described by Section | ||
22.021, Penal Code; | ||
(12) robbery as described by Section 29.02, Penal | ||
Code; | ||
(13) aggravated robbery as described by Section 29.03, | ||
Penal Code; | ||
(14) unlawfully carrying a weapon as described by | ||
Section 46.02, Penal Code, or unlawfully carrying a firearm as | ||
described by Section 46.03 or 46.035, Penal Code; | ||
(15) murder as described by Section 19.02, Penal Code; | ||
(16) capital murder as described by Section 19.03, | ||
Penal Code; | ||
(17) continuous sexual abuse of young child or | ||
children as described by Section 21.02, Penal Code; | ||
(18) massage therapy or other massage services in | ||
violation of Chapter 455, Occupations Code; | ||
(19) employing a minor at a sexually oriented business | ||
as defined by Section 243.002, Local Government Code; | ||
(20) trafficking of persons as described by Section | ||
20A.02, Penal Code; | ||
(21) sexual conduct or performance by a child as | ||
described by Section 43.25, Penal Code; | ||
(22) employment harmful to a child as described by | ||
Section 43.251, Penal Code; | ||
(23) criminal trespass as described by Section 30.05, | ||
Penal Code; | ||
(24) disorderly conduct as described by Section 42.01, | ||
Penal Code; | ||
(25) arson as described by Section 28.02, Penal Code; | ||
(26) criminal mischief as described by Section 28.03, | ||
Penal Code, that causes a pecuniary loss of $500 or more; or | ||
(27) a graffiti offense in violation of Section 28.08, | ||
Penal Code. | ||
SECTION 14. Section 37.005(c), Education Code, is amended | ||
to read as follows: | ||
(c) A student who is enrolled in a grade level below grade | ||
three may not be placed in out-of-school suspension unless while on | ||
school property or while attending a school-sponsored or | ||
school-related activity on or off of school property, the student | ||
engages in: | ||
(1) conduct that contains the elements of an offense | ||
related to weapons under Section 46.02 or 46.05, Penal Code, or to | ||
firearms under Section 46.03 or 46.035, Penal Code; | ||
(2) conduct that contains the elements of a violent | ||
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; | ||
or | ||
(3) selling, giving, or delivering to another person | ||
or possessing, using, or being under the influence of any amount of: | ||
(A) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; | ||
(B) a dangerous drug, as defined by Chapter 483, | ||
Health and Safety Code; or | ||
(C) an alcoholic beverage, as defined by Section | ||
1.04, Alcoholic Beverage Code. | ||
SECTION 15. Section 37.007(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (k), a student shall be | ||
expelled from a school if the student, on school property or while | ||
attending a school-sponsored or school-related activity on or off | ||
of school property: | ||
(1) engages in conduct that contains the elements of | ||
[ |
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weapons under Section 46.02 or 46.05, Penal Code, or to firearms | ||
under Section 46.03 or 46.035, Penal Code; | ||
(2) engages in conduct that contains the elements of | ||
the offense of: | ||
(A) aggravated assault under Section 22.02, | ||
Penal Code, sexual assault under Section 22.011, Penal Code, or | ||
aggravated sexual assault under Section 22.021, Penal Code; | ||
(B) arson under Section 28.02, Penal Code; | ||
(C) murder under Section 19.02, Penal Code, | ||
capital murder under Section 19.03, Penal Code, or criminal | ||
attempt, under Section 15.01, Penal Code, to commit murder or | ||
capital murder; | ||
(D) indecency with a child under Section 21.11, | ||
Penal Code; | ||
(E) aggravated kidnapping under Section 20.04, | ||
Penal Code; | ||
(F) aggravated robbery under Section 29.03, | ||
Penal Code; | ||
(G) manslaughter under Section 19.04, Penal | ||
Code; | ||
(H) criminally negligent homicide under Section | ||
19.05, Penal Code; or | ||
(I) continuous sexual abuse of young child or | ||
children under Section 21.02, Penal Code; or | ||
(3) engages in conduct specified by Section | ||
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony. | ||
SECTION 16. The heading to Section 37.0815, Education Code, | ||
is amended to read as follows: | ||
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND | ||
AMMUNITION [ |
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SECTION 17. Section 37.0815(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district or open-enrollment charter school may | ||
not prohibit a person, including a school employee, who is not | ||
otherwise prohibited by law from possessing a firearm [ |
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firearm or ammunition in a locked, privately owned or leased motor | ||
vehicle in a parking lot, parking garage, or other parking area | ||
provided by the district or charter school and may not regulate the | ||
manner in which the handgun, firearm, or ammunition is stored in the | ||
vehicle, provided that the handgun, firearm, or ammunition is not | ||
in plain view. | ||
SECTION 18. Section 51.220(g), Education Code, is amended | ||
to read as follows: | ||
(g) A public junior college employee's status as a school | ||
marshal becomes inactive on: | ||
(1) expiration of the employee's school marshal | ||
license under Section 1701.260, Occupations Code; | ||
(2) suspension or revocation of the employee's license | ||
to carry a [ |
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411, Government Code; | ||
(3) termination of the employee's employment with the | ||
public junior college; or | ||
(4) notice from the governing board of the public | ||
junior college that the employee's services as school marshal are | ||
no longer required. | ||
SECTION 19. Chapter 51, Education Code, is amended by | ||
adding Subchapter Z-1, and a heading is added to that subchapter to | ||
read as follows: | ||
SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS | ||
SECTION 20. Sections 411.2031 and 411.2032, Government | ||
Code, are transferred to Subchapter Z-1, Chapter 51, Education | ||
Code, as added by this Act, redesignated as Sections 51.991, | ||
51.992, and 51.993, Education Code, and amended to read as follows: | ||
Sec. 51.991. DEFINITIONS [ |
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this subchapter [ |
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(1) "Campus" means all land and buildings owned or | ||
leased by an institution of higher education or private or | ||
independent institution of higher education. | ||
(2) "Institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003[ |
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(3) "Premises" has the meaning assigned by Section | ||
46.035, Penal Code. | ||
Sec. 51.992. CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a) | ||
[ |
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possessing a firearm [ |
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handgun in a concealed manner or in a holster [ |
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the campus of an institution of higher education or private or | ||
independent institution of higher education in this state. | ||
(b) [ |
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[ |
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private or independent institution of higher education in this | ||
state may not adopt any rule, regulation, or other provision | ||
prohibiting a person who is not otherwise prohibited by law from | ||
possessing a firearm [ |
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[ |
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(c) [ |
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independent institution of higher education in this state may | ||
establish rules, regulations, or other provisions concerning the | ||
storage of handguns in dormitories or other residential facilities | ||
that are owned or leased and operated by the institution and located | ||
on the campus of the institution. | ||
(d) [ |
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faculty of the institution regarding the nature of the student | ||
population, specific safety considerations, and the uniqueness of | ||
the campus environment, the president or other chief executive | ||
officer of an institution of higher education in this state shall | ||
establish reasonable rules, regulations, or other provisions | ||
regarding the carrying of [ |
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on the campus of the institution or on premises located on the | ||
campus of the institution. The president or officer may not | ||
establish provisions that generally prohibit or have the effect of | ||
generally prohibiting a person who is not otherwise prohibited by | ||
law from possessing a firearm [ |
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handgun [ |
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president or officer may amend the provisions as necessary for | ||
campus safety. The provisions take effect as determined by the | ||
president or officer unless subsequently amended by the board of | ||
regents or other governing board under Subsection (e) [ |
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institution must give effective notice under Section 30.06 or | ||
30.07, Penal Code, as applicable, with respect to any portion of a | ||
premises that is subject to provisions established by the | ||
institution under this subsection [ |
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(e) [ |
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the rules, regulations, or other provisions are established as | ||
described by Subsection (d) [ |
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governing board of the institution of higher education shall review | ||
the provisions. The board of regents or other governing board may, | ||
by a vote of not less than two-thirds of the board, amend wholly or | ||
partly the provisions established under Subsection (d) [ |
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amended under this subsection, the provisions are considered to be | ||
those of the institution as established under Subsection (d) | ||
[ |
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(f) [ |
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distribute the rules, regulations, or other provisions described by | ||
Subsection (d) [ |
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faculty, including by prominently publishing the provisions on the | ||
institution's Internet website. | ||
(g) [ |
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even-numbered year, each institution of higher education in this | ||
state shall submit a report to the legislature and to the standing | ||
committees of the legislature with jurisdiction over the | ||
implementation and continuation of this section that: | ||
(1) describes its rules, regulations, or other | ||
provisions regarding the carrying of [ |
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campus of the institution; and | ||
(2) explains the reasons the institution has | ||
established those provisions. | ||
(h) [ |
||
education in this state, after consulting with students, staff, and | ||
faculty of the institution, may establish rules, regulations, or | ||
other provisions prohibiting a person, including a person who is | ||
not otherwise prohibited by law from possessing a firearm, [ |
||
institution, any grounds or building on which an activity sponsored | ||
by the institution is being conducted, or a passenger | ||
transportation vehicle owned by the institution. | ||
Sec. 51.993 [ |
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FIREARMS AND AMMUNITION [ |
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CERTAIN CAMPUSES. [ |
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[ |
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[ |
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[ |
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independent institution of higher education in this state may not | ||
adopt or enforce any rule, regulation, or other provision or take | ||
any other action, including posting notice under Section 30.06 or | ||
30.07, Penal Code, prohibiting or placing restrictions on the | ||
storage or transportation of a firearm or ammunition in a locked, | ||
privately owned or leased motor vehicle by a person, including a | ||
student enrolled at that institution, who is not otherwise | ||
prohibited by law from possessing [ |
||
or ammunition: | ||
(1) on a street or driveway located on the campus of | ||
the institution; or | ||
(2) in a parking lot, parking garage, or other parking | ||
area located on the campus of the institution. | ||
SECTION 21. Subchapter Z-1, Chapter 51, Education Code, as | ||
added by this Act, is amended by adding Section 51.994 to read as | ||
follows: | ||
Sec. 51.994. LIMITATION OF LIABILITY. (a) A cause of | ||
action in damages may not be brought against an institution of | ||
higher education, an officer or employee of an institution of | ||
higher education, a private or independent institution of higher | ||
education that has not adopted rules under Section 51.992(h), or an | ||
officer or employee of a private or independent institution of | ||
higher education that has not adopted rules under Section 51.992(h) | ||
for damages caused by the actions of a person who carries a handgun | ||
on the campus of the institution, any grounds or building on which | ||
an activity sponsored by the institution is being conducted, or a | ||
passenger transportation vehicle owned by the institution, and a | ||
court may not hold such an institution, officer, or employee liable | ||
for those damages. | ||
(b) The immunities granted under Subsection (a) do not apply | ||
to: | ||
(1) an act or a failure to act by an institution of | ||
higher education, an officer or employee of an institution of | ||
higher education, a private or independent institution of higher | ||
education that has not adopted rules under Section 51.992(h), or an | ||
officer or employee of a private or independent institution of | ||
higher education that has not adopted rules under Section 51.992(h) | ||
if the act or failure to act was capricious or arbitrary; or | ||
(2) any officer or employee of an institution of | ||
higher education or private or independent institution of higher | ||
education described by Subdivision (1) who possesses a handgun on | ||
the campus of that institution and whose conduct with regard to the | ||
handgun is made the basis of a claim for personal injury or property | ||
damage. | ||
SECTION 22. Section 231.302(c-1), Family Code, is amended | ||
to read as follows: | ||
(c-1) For purposes of issuing a license to carry a | ||
[ |
||
Code, the Department of Public Safety is not required to request, | ||
and an applicant is not required to provide, the applicant's social | ||
security number. | ||
SECTION 23. The heading to Subchapter H, Chapter 411, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER H. LICENSE TO CARRY [ |
||
RELATING TO CARRYING OF FIREARMS | ||
SECTION 24. Section 411.179(c), Government Code, is amended | ||
to read as follows: | ||
(c) In adopting the form of the license under Subsection | ||
(a), the department shall establish a procedure for the license of a | ||
qualified handgun instructor or of the attorney general or a judge, | ||
justice, United States attorney, assistant United States attorney, | ||
assistant attorney general, prosecuting attorney, or assistant | ||
prosecuting attorney, as described by Section 46.15(a)(4), (6), | ||
[ |
||
license holder's status as a qualified handgun instructor or as the | ||
attorney general or a judge, justice, United States attorney, | ||
assistant United States attorney, assistant attorney general, | ||
prosecuting [ |
||
[ |
||
establishing the procedure, the department shall require | ||
sufficient documentary evidence to establish the license holder's | ||
status under this subsection. | ||
SECTION 25. Section 411.190(c), Government Code, is amended | ||
to read as follows: | ||
(c) In the manner applicable to a person who applies for a | ||
license to carry a handgun, the department shall conduct a | ||
background check of a person who applies for certification as a | ||
qualified handgun instructor or approved online course provider. | ||
If the background check indicates that the applicant for | ||
certification would not qualify to receive a handgun license, the | ||
department may not certify the applicant as a qualified handgun | ||
instructor or approved online course provider. If the background | ||
check indicates that the applicant for certification would qualify | ||
to receive a handgun license, the department shall provide handgun | ||
instructor or online course provider training to the applicant. | ||
The applicant shall pay a fee of $100 to the department for the | ||
training. The applicant must take and successfully complete the | ||
training offered by the department and pay the training fee before | ||
the department may certify the applicant as a qualified handgun | ||
instructor or approved online course provider. The department | ||
shall issue a license to carry a handgun under [ |
||
this subchapter to any person who is certified as a qualified | ||
handgun instructor or approved online course provider and who pays | ||
to the department a fee of $40 in addition to the training fee. The | ||
department by rule may prorate or waive the training fee for an | ||
employee of another governmental entity. | ||
SECTION 26. Section 411.200, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS. | ||
This subchapter does not exempt a license holder who is also | ||
employed as a security officer and licensed under Chapter 1702, | ||
Occupations Code, from the duty to comply with Chapter 1702, | ||
Occupations Code, or from the duty to refrain from committing a | ||
firearms offense under Chapter 46 [ |
||
SECTION 27. Sections 411.201(c), (e), and (h), Government | ||
Code, are amended to read as follows: | ||
(c) An active judicial officer is eligible for a license to | ||
carry a handgun under [ |
||
judicial officer is eligible for a license to carry a handgun under | ||
[ |
||
(1) has not been convicted of a felony; | ||
(2) has not, in the five years preceding the date of | ||
application, been convicted of a Class A or Class B misdemeanor or | ||
equivalent offense; | ||
(3) is not charged with the commission of a Class A or | ||
Class B misdemeanor or equivalent offense or of a felony under an | ||
information or indictment; | ||
(4) is not a chemically dependent person; and | ||
(5) is not a person of unsound mind. | ||
(e) On receipt of all the application materials required by | ||
this section, the department shall: | ||
(1) if the applicant is an active judicial officer, | ||
issue a license to carry a handgun under [ |
||
subchapter; or | ||
(2) if the applicant is a retired judicial officer, | ||
conduct an appropriate background investigation to determine the | ||
applicant's eligibility for the license and, if the applicant is | ||
eligible, issue a license to carry a handgun under [ |
||
(h) The department shall issue a license to carry a handgun | ||
under [ |
||
attorney or an assistant United States attorney, or to an attorney | ||
elected or employed to represent the state in the prosecution of | ||
felony cases, who meets the requirements of this section for an | ||
active judicial officer. The department shall waive any fee | ||
required for the issuance of an original, duplicate, or renewed | ||
license under this subchapter for an applicant who is a United | ||
States attorney or an assistant United States attorney or who is an | ||
attorney elected or employed to represent the state in the | ||
prosecution of felony cases. | ||
SECTION 28. Section 411.203, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter | ||
does not prevent or otherwise limit the right of a public or private | ||
employer to prohibit persons who are licensed under this subchapter | ||
or not otherwise prohibited by state or federal law from possessing | ||
a firearm from carrying a handgun or other firearm on the premises | ||
of the business. | ||
(b) In this section, "premises" has the meaning assigned by | ||
Section 46.035(f) [ |
||
SECTION 29. Section 411.204(c), Government Code, is amended | ||
to read as follows: | ||
(c) The sign required under Subsections (a) and (b) must | ||
give notice in both English and Spanish that it is unlawful for a | ||
person, regardless of whether the person is licensed under this | ||
subchapter, to carry a handgun on the premises. The sign must | ||
appear in contrasting colors with block letters at least one inch in | ||
height and must include on its face the number "51" printed in solid | ||
red at least five inches in height. The sign shall be displayed in a | ||
conspicuous manner clearly visible to the public. | ||
SECTION 30. The heading to Section 411.206, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE. | ||
SECTION 31. Sections 411.206(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) If a peace officer arrests and takes into custody a | ||
person [ |
||
[ |
||
person's handgun [ |
||
handgun license under this subchapter and is carrying the license | ||
at the time of the arrest. | ||
(c) Any judgment of conviction entered by any court for an | ||
offense under Section 46.035, Penal Code, must contain the handgun | ||
license number of the convicted person, if the person is a handgun | ||
license holder. A certified copy of the judgment is conclusive and | ||
sufficient evidence to justify revocation of a license under | ||
Section 411.186(a)(4). | ||
SECTION 32. Section 411.207, Government Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsection (a-1) | ||
to read as follows: | ||
(a) A peace officer who is acting in the lawful discharge of | ||
the officer's official duties may disarm a person, including a | ||
license holder, who is carrying a handgun at any time the officer | ||
reasonably believes it is necessary for the protection of the | ||
person [ |
||
officer shall return the handgun to the person [ |
||
before discharging the person [ |
||
the officer determines that the person: | ||
(1) [ |
||
person [ |
||
(2) [ |
||
provision of this subchapter or committed any other violation that | ||
results in the arrest of the person; and | ||
(3) is not prohibited from possessing a firearm | ||
[ |
||
(a-1) A peace officer may not disarm or detain a person | ||
under Subsection (a) solely because the person is carrying a | ||
concealed or holstered handgun. | ||
(b) A peace officer who is acting in the lawful discharge of | ||
the officer's official duties may [ |
||
only temporarily, regardless of whether the person is a license | ||
holder, when the person [ |
||
secure portion of a law enforcement facility. The[ |
||
enforcement agency shall provide [ |
||
peace officer can secure the person's [ |
||
The peace officer shall secure the handgun in the locker and shall | ||
return the handgun to the person [ |
||
the person [ |
||
the law enforcement facility. | ||
(c) A law enforcement facility shall prominently display at | ||
each entrance to a nonpublic, secure portion of the facility a sign | ||
that gives notice in both English and Spanish that, under this | ||
section, a peace officer may temporarily disarm a person, | ||
regardless of whether the person is a license holder, when the | ||
person [ |
||
facility. The sign must appear in contrasting colors with block | ||
letters at least one inch in height. The sign shall be displayed in | ||
a clearly visible and conspicuous manner. | ||
SECTION 33. Sections 411.208(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) A court may not hold the state, an agency or subdivision | ||
of the state, an officer or employee of the state, [ |
||
an approved online course provider liable for damages caused by: | ||
(1) an action authorized under this subchapter or a | ||
failure to perform a duty imposed by this subchapter; or | ||
(2) the actions of an applicant or license holder that | ||
occur after the applicant has received a license or been denied a | ||
license under this subchapter. | ||
(b) A cause of action in damages may not be brought against | ||
the state, an agency or subdivision of the state, an officer or | ||
employee of the state, [ |
||
qualified handgun instructor, or an approved online course provider | ||
for any damage caused by the actions of an applicant or license | ||
holder under this subchapter. | ||
(d) The immunities granted under Subsections (a), (b), and | ||
(c) do not apply to[ |
||
[ |
||
agency or subdivision of the state, an officer of the state, [ |
||
failure to act was capricious or arbitrary[ |
||
[ |
||
SECTION 34. The heading to Section 411.209, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.209. WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN | ||
[ |
||
SECTION 35. Section 411.209(a), Government Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (i), a state agency or | ||
a political subdivision of the state may not take any action, | ||
including an action consisting of the provision of notice by a | ||
communication described by Section 30.06 or 30.07, Penal Code, that | ||
states or implies that a person [ |
||
handgun [ |
||
entering or remaining on a premises or other place owned or leased | ||
by the governmental entity unless a person is [ |
||
prohibited from carrying a handgun on the premises or other place by | ||
Section 46.03 or 46.035, Penal Code, or other law. | ||
SECTION 36. Section 12.092(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The medical advisory board shall assist the Department | ||
of Public Safety of the State of Texas in determining whether: | ||
(1) an applicant for a driver's license or a license | ||
holder is capable of safely operating a motor vehicle; or | ||
(2) an applicant for or holder of a license to carry a | ||
handgun under [ |
||
Government Code, or an applicant for or holder of a commission as a | ||
security officer under Chapter 1702, Occupations Code, is capable | ||
of exercising sound judgment with respect to the proper use and | ||
storage of a handgun. | ||
SECTION 37. The heading to Section 552.002, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 552.002. CARRYING OF HANDGUN [ |
||
STATE HOSPITAL. | ||
SECTION 38. Sections 552.002(a), (b), and (c), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) In this section: | ||
(1) [ |
||
[ |
||
facilities: | ||
(A) the Austin State Hospital; | ||
(B) the Big Spring State Hospital; | ||
(C) the El Paso Psychiatric Center; | ||
(D) the Kerrville State Hospital; | ||
(E) the North Texas State Hospital; | ||
(F) the Rio Grande State Center; | ||
(G) the Rusk State Hospital; | ||
(H) the San Antonio State Hospital; | ||
(I) the Terrell State Hospital; and | ||
(J) the Waco Center for Youth. | ||
(2) [ |
||
on property and that: | ||
(A) includes in both English and Spanish written | ||
language identical to the following: "Pursuant to Section 552.002, | ||
Health and Safety Code (carrying of handgun [ |
||
state hospital), a person [ |
||
property with a handgun"; | ||
(B) appears in contrasting colors with block | ||
letters at least one inch in height; and | ||
(C) is displayed in a conspicuous manner clearly | ||
visible to the public at each entrance to the property. | ||
(b) A state hospital may prohibit a person [ |
||
from carrying a handgun [ |
||
providing written notice. | ||
(c) A person [ |
||
the property of a state hospital at which written notice is provided | ||
is liable for a civil penalty in the amount of: | ||
(1) $100 for the first violation; or | ||
(2) $500 for the second or subsequent violation. | ||
SECTION 39. Section 42.042(e-2), Human Resources Code, is | ||
amended to read as follows: | ||
(e-2) The department may not prohibit the foster parent of a | ||
child who resides in the foster family's home from transporting the | ||
child in a vehicle where a handgun is present if the handgun is in | ||
the possession and control of the foster parent and the foster | ||
parent is not otherwise prohibited by state or federal law from | ||
possessing a firearm [ |
||
SECTION 40. Section 52.061, Labor Code, is amended to read | ||
as follows: | ||
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO | ||
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer | ||
may not prohibit an employee who is not otherwise prohibited by | ||
state or federal law from possessing [ |
||
ammunition [ |
||
locked, privately owned motor vehicle in a parking lot, parking | ||
garage, or other parking area the employer provides for employees. | ||
SECTION 41. Section 52.062(a), Labor Code, is amended to | ||
read as follows: | ||
(a) Section 52.061 does not: | ||
(1) authorize a person who is not otherwise prohibited | ||
by state or federal law from possessing [ |
||
property where the possession of a firearm or ammunition is | ||
prohibited by state or federal law; or | ||
(2) apply to: | ||
(A) a vehicle owned or leased by a public or | ||
private employer and used by an employee in the course and scope of | ||
the employee's employment, unless the employee is required to | ||
transport or store a firearm in the official discharge of the | ||
employee's duties; | ||
(B) a school district; | ||
(C) an open-enrollment charter school, as | ||
defined by Section 5.001, Education Code; | ||
(D) a private school, as defined by Section | ||
22.081, Education Code; | ||
(E) property owned or controlled by a person, | ||
other than the employer, that is subject to a valid, unexpired oil, | ||
gas, or other mineral lease that contains a provision prohibiting | ||
the possession of firearms on the property; or | ||
(F) property owned or leased by a chemical | ||
manufacturer or oil and gas refiner with an air authorization under | ||
Chapter 382, Health and Safety Code, and on which the primary | ||
business conducted is the manufacture, use, storage, or | ||
transportation of hazardous, combustible, or explosive materials, | ||
except in regard to an employee who is not otherwise prohibited by | ||
state or federal law from possessing a firearm or ammunition [ |
||
[ |
||
privately owned motor vehicle in a parking lot, parking garage, or | ||
other parking area the employer provides for employees that is | ||
outside of a secured and restricted area: | ||
(i) that contains the physical plant; | ||
(ii) that is not open to the public; and | ||
(iii) the ingress into which is constantly | ||
monitored by security personnel. | ||
SECTION 42. Section 191.010(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) In this section, "photo identification" means one of the | ||
following forms of photo identification: | ||
(1) a driver's license, election identification | ||
certificate, or personal identification card issued to the person | ||
by any state or territory of the United States that has not expired | ||
or that expired no earlier than 60 days before the date of | ||
presentation; | ||
(2) a United States military identification card that | ||
contains the person's photograph that has not expired or that | ||
expired no earlier than 60 days before the date of presentation; | ||
(3) a United States citizenship certificate issued to | ||
the person that contains the person's photograph; | ||
(4) a United States Permanent Resident Card that has | ||
not expired or that expired no earlier than 60 days before the date | ||
of presentation; | ||
(5) an identification card issued by a municipality | ||
intended to serve as a general identification card for the holder | ||
that has not expired or that expired no earlier than 60 days before | ||
the date of presentation; | ||
(6) a federally recognized tribal enrollment card or | ||
other form of tribal identification that has not expired or that | ||
expired no earlier than 60 days before the date of presentation; | ||
(7) a United States passport or a passport issued by a | ||
foreign government recognized by the United States issued to the | ||
person that has not expired or that expired no earlier than 60 days | ||
before the date of presentation; or | ||
(8) a license to carry a [ |
||
the person by the Department of Public Safety that has not expired | ||
or that expired no earlier than 60 days before the date of | ||
presentation. | ||
SECTION 43. Section 229.001(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) Subsection (a) does not affect the authority a | ||
municipality has under another law to: | ||
(1) require residents or public employees to be armed | ||
for personal or national defense, law enforcement, or another | ||
lawful purpose; | ||
(2) regulate the discharge of firearms or air guns | ||
within the limits of the municipality, other than at a sport | ||
shooting range; | ||
(3) except as provided by Subsection (b-1), adopt or | ||
enforce a generally applicable zoning ordinance, land use | ||
regulation, fire code, or business ordinance; | ||
(4) regulate the use of firearms, air guns, or knives | ||
in the case of an insurrection, riot, or natural disaster if the | ||
municipality finds the regulations necessary to protect public | ||
health and safety; | ||
(5) regulate the storage or transportation of | ||
explosives to protect public health and safety, except that 25 | ||
pounds or less of black powder for each private residence and 50 | ||
pounds or less of black powder for each retail dealer are not | ||
subject to regulation; | ||
(6) regulate the carrying of an air gun or [ |
||
[ |
||
handgun carried by a person not otherwise prohibited by state or | ||
federal law from possessing a firearm [ |
||
(A) [ |
||
[ |
||
or other governmental body; | ||
[ |
||
(B) [ |
||
or professional athletic event; | ||
(7) [ |
||
Code, regulate the carrying of a firearm by any person; | ||
(8) regulate the hours of operation of a sport | ||
shooting range, except that the hours of operation may not be more | ||
limited than the least limited hours of operation of any other | ||
business in the municipality other than a business permitted or | ||
licensed to sell or serve alcoholic beverages for on-premises | ||
consumption; | ||
(9) regulate the carrying of an air gun by a minor on: | ||
(A) public property; or | ||
(B) private property without consent of the | ||
property owner; or | ||
(10) except as provided by Subsection (d-1), regulate | ||
or prohibit an employee's carrying or possession of a firearm, | ||
firearm accessory, or ammunition in the course of the employee's | ||
official duties. | ||
SECTION 44. Section 236.002(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) Subsection (a) does not affect the authority of a county | ||
to: | ||
(1) require a resident or public employee to be armed | ||
for personal or national defense, law enforcement, or other purpose | ||
under other law; | ||
(2) regulate the discharge of firearms or air guns in | ||
accordance with Section 235.022; | ||
(3) [ |
||
Code, regulate the carrying of a firearm by any person; | ||
(4) except as provided by Subsection (d), adopt or | ||
enforce a generally applicable land use regulation, fire code, or | ||
business regulation; or | ||
(5) except as provided by Subsection (e), regulate or | ||
prohibit an employee's carrying or possession of a firearm, firearm | ||
accessory, or ammunition in the course of the employee's official | ||
duties. | ||
SECTION 45. Section 1702.002(21), Occupations Code, is | ||
amended to read as follows: | ||
(21) "Security officer commission" means an | ||
authorization issued by the department that entitles a security | ||
officer to carry a firearm as described by this chapter. | ||
SECTION 46. Section 1702.169, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned | ||
security officer other than a person acting as a personal | ||
protection officer may not carry a firearm while [ |
||
[ |
||
[ |
||
security officer unless: | ||
(1) [ |
||
[ |
||
[ |
||
indicating that the individual is a security officer; and | ||
(2) [ |
||
SECTION 47. Section 1702.206(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An individual acting as and performing the duties of a | ||
personal protection officer may not carry a firearm unless the | ||
officer: | ||
(1) is [ |
||
[ |
||
officer's duties as a personal protection officer for the employer | ||
under whom the officer's personal protection officer license is | ||
issued; [ |
||
[ |
||
(2) carries the officer's security officer commission | ||
and personal protection officer license on the officer's person | ||
while performing the officer's duties [ |
||
by Subdivision (1) and presents the commission and license on | ||
request. | ||
SECTION 48. Sections 62.082(d) and (e), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(d) Section 62.081 does not apply to: | ||
(1) an employee of the Lower Colorado River Authority; | ||
(2) a person authorized to hunt under Subsection (c); | ||
(3) a peace officer as defined by Article 2.12, Code of | ||
Criminal Procedure; or | ||
(4) a person who: | ||
(A) is carrying [ |
||
(B) under circumstances in which the person would | ||
be justified in the use of deadly force under Chapter 9, Penal Code, | ||
shoots a handgun [ |
||
(e) A state agency, including the department, the | ||
Department of Public Safety, and the Lower Colorado River | ||
Authority, may not adopt a rule that prohibits a person who is not | ||
otherwise prohibited by state or federal law from possessing a | ||
firearm [ |
||
Lower Colorado River Authority while: | ||
(1) carrying [ |
||
(2) under circumstances in which the person would be | ||
justified in the use of deadly force under Chapter 9, Penal Code, | ||
shooting a handgun. | ||
SECTION 49. Section 284.001(e), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(e) This section does not limit a person's [ |
||
SECTION 50. Section 287.001(e), Parks and Wildlife Code, is | ||
amended to read as follows: | ||
(e) This section does not limit a person's [ |
||
SECTION 51. Section 9.31(b), Penal Code, is amended to read | ||
as follows: | ||
(b) The use of force against another is not justified: | ||
(1) in response to verbal provocation alone; | ||
(2) to resist an arrest or search that the actor knows | ||
is being made by a peace officer, or by a person acting in a peace | ||
officer's presence and at his direction, even though the arrest or | ||
search is unlawful, unless the resistance is justified under | ||
Subsection (c); | ||
(3) if the actor consented to the exact force used or | ||
attempted by the other; | ||
(4) if the actor provoked the other's use or attempted | ||
use of unlawful force, unless: | ||
(A) the actor abandons the encounter, or clearly | ||
communicates to the other his intent to do so reasonably believing | ||
he cannot safely abandon the encounter; and | ||
(B) the other nevertheless continues or attempts | ||
to use unlawful force against the actor; or | ||
(5) if the actor sought an explanation from or | ||
discussion with the other person concerning the actor's differences | ||
with the other person while the actor was: | ||
(A) carrying a weapon in violation of Section | ||
46.02 or a firearm in violation of Section 46.03 or 46.035; or | ||
(B) possessing or transporting a weapon in | ||
violation of Section 46.05. | ||
SECTION 52. Section 30.05(f), Penal Code, is amended to | ||
read as follows: | ||
(f) It is a defense to prosecution under this section that: | ||
(1) the basis on which entry on the property or land or | ||
in the building was forbidden is that entry with a firearm [ |
||
was forbidden; and | ||
(2) the person was carrying[ |
||
[ |
||
[ |
||
(A) [ |
||
(B) [ |
||
SECTION 53. The heading to Section 30.06, Penal Code, is | ||
amended to read as follows: | ||
Sec. 30.06. TRESPASS BY PERSON [ |
||
CONCEALED HANDGUN. | ||
SECTION 54. Sections 30.06(a), (c), (d), (e), (e-1), (e-2), | ||
(e-3), (f), and (g), Penal Code, are amended to read as follows: | ||
(a) A person [ |
||
person [ |
||
(1) carries a concealed handgun [ |
||
another without effective consent; and | ||
(2) received notice that entry on the property by a | ||
person [ |
||
(c) In this section: | ||
(1) "Entry" has the meaning assigned by Section | ||
30.05(b). | ||
(2) [ |
||
[ |
||
(A) a card or other document on which is written | ||
language identical to the following: "Pursuant to Section 30.06, | ||
Penal Code (trespass by person [ |
||
handgun), a person [ |
||
property with a concealed handgun"; or | ||
(B) a sign posted on the property that: | ||
(i) includes the language described by | ||
Paragraph (A) in both English and Spanish; | ||
(ii) appears in contrasting colors with | ||
block letters at least one inch in height; and | ||
(iii) is displayed in a conspicuous manner | ||
clearly visible to the public at each entrance to the property. | ||
(d) An offense under this section is a Class C misdemeanor | ||
punishable by a fine not to exceed $200, except that the offense is | ||
a Class A misdemeanor if it is shown on the trial of the offense | ||
that, after entering the property, the person [ |
||
personally given the notice by oral communication described by | ||
Subsection (b) and subsequently failed to depart. | ||
(e) It is an exception to the application of this section | ||
that the property on which the person [ |
||
handgun is owned or leased by a governmental entity and is not a | ||
premises or other place on which the person [ |
||
prohibited from carrying the handgun under Section 46.03 or 46.035 | ||
or other law. | ||
(e-1) It is a defense to prosecution under this section | ||
that: | ||
(1) the person [ |
||
(A) an owner of an apartment in a condominium | ||
regime governed by Chapter 81, Property Code; | ||
(B) an owner of a condominium unit governed by | ||
Chapter 82, Property Code; | ||
(C) a tenant or guest of an owner described by | ||
Paragraph (A) or (B); or | ||
(D) a guest of a tenant of an owner described by | ||
Paragraph (A) or (B); and | ||
(2) the person [ |
||
(A) carries or stores a handgun in the | ||
condominium apartment or unit owner's apartment or unit; | ||
(B) carries a handgun directly en route to or | ||
from the condominium apartment or unit owner's apartment or unit; | ||
(C) carries a handgun directly en route to or | ||
from the person's [ |
||
area provided for residents or guests of the condominium property; | ||
or | ||
(D) carries or stores a handgun in the person's | ||
[ |
||
residents or guests of the condominium property. | ||
(e-2) It is a defense to prosecution under this section | ||
that: | ||
(1) the person [ |
||
premises governed by Chapter 92, Property Code, or the tenant's | ||
guest; and | ||
(2) the person [ |
||
(A) carries or stores a handgun in the tenant's | ||
rental unit; | ||
(B) carries a handgun directly en route to or | ||
from the tenant's rental unit; | ||
(C) carries a handgun directly en route to or | ||
from the person's [ |
||
area provided for tenants or guests by the landlord of the leased | ||
premises; or | ||
(D) carries or stores a handgun in the person's | ||
[ |
||
tenants or guests by the landlord of the leased premises. | ||
(e-3) It is a defense to prosecution under this section | ||
that: | ||
(1) the person [ |
||
manufactured home lot governed by Chapter 94, Property Code, or the | ||
tenant's guest; and | ||
(2) the person [ |
||
(A) carries or stores a handgun in the tenant's | ||
manufactured home; | ||
(B) carries a handgun directly en route to or | ||
from the tenant's manufactured home; | ||
(C) carries a handgun directly en route to or | ||
from the person's [ |
||
area provided for tenants or tenants' guests by the landlord of the | ||
leased premises; or | ||
(D) carries or stores a handgun in the person's | ||
[ |
||
tenants or tenants' guests by the landlord of the leased premises. | ||
(f) It is a defense to prosecution under this section that | ||
the person [ |
||
personnel, as defined by Section 46.01. | ||
(g) It is a defense to prosecution under this section that | ||
the person [ |
||
communication described by Subsection (b) and promptly departed | ||
from the property. | ||
SECTION 55. The heading to Section 30.07, Penal Code, is | ||
amended to read as follows: | ||
Sec. 30.07. TRESPASS BY PERSON [ |
||
OPENLY CARRIED HANDGUN. | ||
SECTION 56. Sections 30.07(a), (c), (d), (e), (e-1), (e-2), | ||
(e-3), (f), (g), and (h), Penal Code, are amended to read as | ||
follows: | ||
(a) A person [ |
||
person [ |
||
(1) openly carries a handgun [ |
||
without effective consent; and | ||
(2) received notice that entry on the property by a | ||
person [ |
||
(c) In this section: | ||
(1) "Entry" has the meaning assigned by Section | ||
30.05(b). | ||
(2) [ |
||
[ |
||
(A) a card or other document on which is written | ||
language identical to the following: "Pursuant to Section 30.07, | ||
Penal Code (trespass by person [ |
||
carried handgun), a person [ |
||
property with a handgun that is carried openly"; or | ||
(B) a sign posted on the property that: | ||
(i) includes the language described by | ||
Paragraph (A) in both English and Spanish; | ||
(ii) appears in contrasting colors with | ||
block letters at least one inch in height; and | ||
(iii) is displayed in a conspicuous manner | ||
clearly visible to the public at each entrance to the property. | ||
(d) An offense under this section is a Class C misdemeanor | ||
punishable by a fine not to exceed $200, except that the offense is | ||
a Class A misdemeanor if it is shown on the trial of the offense | ||
that, after entering the property, the person [ |
||
personally given the notice by oral communication described by | ||
Subsection (b) and subsequently failed to depart. | ||
(e) It is an exception to the application of this section | ||
that the property on which the person [ |
||
carries a [ |
||
and is not a premises or other place on which the person [ |
||
or 46.035 or other law. | ||
(e-1) It is a defense to prosecution under this section | ||
that: | ||
(1) the person [ |
||
(A) an owner of an apartment in a condominium | ||
regime governed by Chapter 81, Property Code; | ||
(B) an owner of a condominium unit governed by | ||
Chapter 82, Property Code; | ||
(C) a tenant or guest of an owner described by | ||
Paragraph (A) or (B); or | ||
(D) a guest of a tenant of an owner described by | ||
Paragraph (A) or (B); and | ||
(2) the person [ |
||
(A) carries or stores a handgun in the | ||
condominium apartment or unit owner's apartment or unit; | ||
(B) carries a handgun directly en route to or | ||
from the condominium apartment or unit owner's apartment or unit; | ||
(C) carries a handgun directly en route to or | ||
from the person's [ |
||
area provided for residents or guests of the condominium property; | ||
or | ||
(D) carries or stores a handgun in the person's | ||
[ |
||
residents or guests of the condominium property. | ||
(e-2) It is a defense to prosecution under this section | ||
that: | ||
(1) the person [ |
||
premises governed by Chapter 92, Property Code, or the tenant's | ||
guest; and | ||
(2) the person [ |
||
(A) carries or stores a handgun in the tenant's | ||
rental unit; | ||
(B) carries a handgun directly en route to or | ||
from the tenant's rental unit; | ||
(C) carries a handgun directly en route to or | ||
from the person's [ |
||
area provided for tenants or guests by the landlord of the leased | ||
premises; or | ||
(D) carries or stores a handgun in the person's | ||
[ |
||
tenants or guests by the landlord of the leased premises. | ||
(e-3) It is a defense to prosecution under this section | ||
that: | ||
(1) the person [ |
||
manufactured home lot governed by Chapter 94, Property Code, or the | ||
tenant's guest; and | ||
(2) the person [ |
||
(A) carries or stores a handgun in the tenant's | ||
manufactured home; | ||
(B) carries a handgun directly en route to or | ||
from the tenant's manufactured home; | ||
(C) carries a handgun directly en route to or | ||
from the person's [ |
||
area provided for tenants or tenants' guests by the landlord of the | ||
leased premises; or | ||
(D) carries or stores a handgun in the person's | ||
[ |
||
tenants or tenants' guests by the landlord of the leased premises. | ||
(f) It is not a defense to prosecution under this section | ||
that the handgun was carried in a [ |
||
(g) It is a defense to prosecution under this section that | ||
the person [ |
||
personnel, as defined by Section 46.01. | ||
(h) It is a defense to prosecution under this section that | ||
the person [ |
||
communication described by Subsection (b) and promptly departed | ||
from the property. | ||
SECTION 57. The following provisions are repealed: | ||
(1) Sections 11.041 and 61.11, Alcoholic Beverage | ||
Code; | ||
(2) Sections 11.61(e) and 61.71(f), Alcoholic | ||
Beverage Code; | ||
(3) Sections 411.204(d) and 411.208(f), Government | ||
Code; | ||
(4) Section 411.205, Government Code; | ||
(5) Sections 46.02(a), (c), and (d), Penal Code; | ||
(6) Section 46.035(f)(2), Penal Code; | ||
(7) Section 46.035(a-1), Penal Code, as added by | ||
Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular | ||
Session, 2015; | ||
(8) Section 46.035(a-1), Penal Code, as added by | ||
Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular | ||
Session, 2015; | ||
(9) Section 46.035(h-1), Penal Code, as added by | ||
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular | ||
Session, 2007; | ||
(10) Section 46.035(h-1), Penal Code, as added by | ||
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular | ||
Session, 2007; and | ||
(11) Sections 46.15(b), (d), (j), and (k), Penal Code. | ||
SECTION 58. The change in law made by this Act relating to | ||
the carrying of a handgun applies to the carrying of a handgun on or | ||
after the effective date of this Act by any person not otherwise | ||
prohibited by state or federal law from possessing a firearm. | ||
SECTION 59. The changes in law made by this Act apply only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect when the offense was committed, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 60. This Act takes effect September 1, 2021. |