Bill Text: TX HB234 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to wrongful exclusion of handgun license holders from property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB234 Detail]
Download: Texas-2017-HB234-Introduced.html
85R2528 AJZ-F | ||
By: Anchia | H.B. No. 234 |
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relating to wrongful exclusion of handgun license holders from | ||
property owned by or leased to a governmental entity and to certain | ||
offenses relating to the carrying of handguns on that property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 411.209, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.209. WRONGFUL EXCLUSION OF [ |
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LICENSE HOLDER. | ||
SECTION 2. Sections 411.209(a) and (d), Government Code, | ||
are amended to read as follows: | ||
(a) A state agency or a political subdivision of the state | ||
may not provide notice by a communication described by Section | ||
30.06 or 30.07, Penal Code, or by any sign expressly referring to | ||
either of those provisions [ |
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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 and occupied by the | ||
governmental entity or leased to and occupied 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. | ||
(d) A resident [ |
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to carry a [ |
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complaint with the attorney general that a state agency or | ||
political subdivision is in violation of Subsection (a) if the | ||
resident [ |
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written notice that describes 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 | ||
under this subsection must include evidence of the violation and a | ||
copy of the written notice. | ||
SECTION 3. Section 30.06(e), Penal Code, is amended to read | ||
as follows: | ||
(e) It is an exception to the application of this section | ||
that the property on which the license holder carries a handgun: | ||
(1) is owned and occupied [ |
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governmental entity or leased to and occupied by a governmental | ||
entity; and | ||
(2) is not a premises or other place on which the | ||
license holder is prohibited from carrying the handgun under | ||
Section 46.03 or 46.035. | ||
SECTION 4. Section 30.07(e), Penal Code, is amended to read | ||
as follows: | ||
(e) It is an exception to the application of this section | ||
that the property on which the license holder openly carries the | ||
handgun: | ||
(1) is owned and occupied [ |
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governmental entity or leased to and occupied by a governmental | ||
entity; and | ||
(2) is not a premises or other place on which the | ||
license holder is prohibited from carrying the handgun under | ||
Section 46.03 or 46.035. | ||
SECTION 5. The change in law made by this Act applies only | ||
to conduct that occurs on or after the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2017. |