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

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-Engrossed.html
  86R27357 AJZ-D
 
  By: Krause, Lang, Toth, et al. 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.  Section 411.209, Government Code, is amended by
  amending Subsections (a), (d), and (f) and adding Subsection (j) 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 [provide] notice
  by a communication described by Section 30.06 or 30.07, Penal Code,
  that states or implies [or by any sign expressly referring to that
  law or to a license to carry a handgun,] that a license holder who is
  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 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).
         (j)  In this section, "premises" has the meaning assigned by
  Section 46.035, Penal Code.
         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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