Bill Text: TX HB1791 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the carrying of handguns by license holders on property owned or leased by a governmental entity.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1791 Detail]

Download: Texas-2019-HB1791-Introduced.html
  86R4474 AJZ-D
 
  By: Krause H.B. No. 1791
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of handguns by license holders on property
  owned or leased by a governmental entity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 411.209(a), (d), and (f), Government
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (i), a state agency or
  a political subdivision of the state may not prohibit or attempt to
  prohibit a license holder who is carrying a handgun under the
  authority of this subchapter from entering or remaining on a
  premises or other place owned or leased by the governmental entity
  by taking any action, including an action consisting of the
  provision of [provide] notice by a communication described by
  Section 30.06 or 30.07, Penal Code, [or by any sign expressly
  referring to that law or to a license to carry a handgun, that a
  license holder carrying a handgun under the authority of this
  subchapter is prohibited from entering or remaining on a premises
  or other place owned or leased by the governmental entity] unless
  license holders are prohibited from carrying a handgun on the
  premises or other place by Section 46.03 or 46.035, Penal Code, or
  other law.
         (d)  A resident of this state or a person licensed to carry a
  handgun under this subchapter may file a complaint with the
  attorney general that a state agency or political subdivision is in
  violation of Subsection (a) if the resident or license holder
  [person] provides the agency or subdivision a written notice that
  describes the location and general facts of the violation [and
  specific location of the sign found to be in violation] and the
  agency or subdivision does not cure the violation before the end of
  the third business day after the date of receiving the written
  notice.  A complaint filed with the attorney general under this
  subsection must include evidence of the violation and a copy of the
  written notice provided to the agency or subdivision.
         (f)  Before a suit may be brought against a state agency or a
  political subdivision of the state for a violation of Subsection
  (a), the attorney general must investigate the complaint to
  determine whether legal action is warranted.  If legal action is
  warranted, the attorney general must give the chief administrative
  officer of the agency or political subdivision charged with the
  violation a written notice that:
               (1)  describes the violation and includes the
  information described by Subsection (d) [specific location of the
  sign found to be in violation];
               (2)  states the amount of the proposed penalty for the
  violation; and
               (3)  gives the agency or political subdivision 15 days
  from receipt of the notice to [remove the sign and] cure the
  violation to avoid the penalty, unless the agency or political
  subdivision was found liable by a court for previously violating
  Subsection (a).
         SECTION 2.  Section 411.209, Government Code, as amended by
  this Act, applies only to conduct that occurs on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
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