Bill Text: TX HB302 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.
Spectrum: Partisan Bill (Republican 65-2)
Status: (Passed) 2019-05-16 - Effective on 9/1/19 [HB302 Detail]
Download: Texas-2019-HB302-Enrolled.html
| H.B. No. 302 | ||
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| relating to the carrying, storage, or possession of a firearm or | ||
| firearm ammunition by certain persons on certain residential or | ||
| commercial property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 30.05, Penal Code, is amended by adding | ||
| Subsections (f-1), (f-2), and (f-3) to read as follows: | ||
| (f-1) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the basis on which entry on the property was | ||
| forbidden is that entry with a firearm or firearm ammunition was | ||
| forbidden; | ||
| (2) the actor is: | ||
| (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); | ||
| (3) the actor: | ||
| (A) carries or stores a firearm or firearm | ||
| ammunition in the condominium apartment or unit owner's apartment | ||
| or unit; | ||
| (B) carries a firearm or firearm ammunition | ||
| directly en route to or from the condominium apartment or unit | ||
| owner's apartment or unit; | ||
| (C) carries a firearm or firearm ammunition | ||
| directly en route to or from the actor's vehicle located in a | ||
| parking area provided for residents or guests of the condominium | ||
| property; or | ||
| (D) carries or stores a firearm or firearm | ||
| ammunition in the actor's vehicle located in a parking area | ||
| provided for residents or guests of the condominium property; and | ||
| (4) the actor is not otherwise prohibited by law from | ||
| possessing a firearm or firearm ammunition. | ||
| (f-2) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the basis on which entry on a leased premises | ||
| governed by Chapter 92, Property Code, was forbidden is that entry | ||
| with a firearm or firearm ammunition was forbidden; | ||
| (2) the actor is a tenant of the leased premises or the | ||
| tenant's guest; | ||
| (3) the actor: | ||
| (A) carries or stores a firearm or firearm | ||
| ammunition in the tenant's rental unit; | ||
| (B) carries a firearm or firearm ammunition | ||
| directly en route to or from the tenant's rental unit; | ||
| (C) carries a firearm or firearm ammunition | ||
| directly en route to or from the actor's vehicle located in a | ||
| parking area provided for tenants or guests by the landlord of the | ||
| leased premises; or | ||
| (D) carries or stores a firearm or firearm | ||
| ammunition in the actor's vehicle located in a parking area | ||
| provided for tenants or guests by the landlord of the leased | ||
| premises; and | ||
| (4) the actor is not otherwise prohibited by law from | ||
| possessing a firearm or firearm ammunition. | ||
| (f-3) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the basis on which entry on a leased premises | ||
| governed by Chapter 94, Property Code, was forbidden is that entry | ||
| with a firearm or firearm ammunition was forbidden; | ||
| (2) the actor is a tenant of a manufactured home lot or | ||
| the tenant's guest; | ||
| (3) the actor: | ||
| (A) carries or stores a firearm or firearm | ||
| ammunition in the tenant's manufactured home; | ||
| (B) carries a firearm or firearm ammunition | ||
| directly en route to or from the tenant's manufactured home; | ||
| (C) carries a firearm or firearm ammunition | ||
| directly en route to or from the actor's vehicle located in a | ||
| parking area provided for tenants or tenants' guests by the | ||
| landlord of the leased premises; or | ||
| (D) carries or stores a firearm or firearm | ||
| ammunition in the actor's vehicle located in a parking area | ||
| provided for tenants or tenants' guests by the landlord of the | ||
| leased premises; and | ||
| (4) the actor is not otherwise prohibited by law from | ||
| possessing a firearm or firearm ammunition. | ||
| SECTION 2. Section 30.06, Penal Code, is amended by adding | ||
| Subsections (e-1), (e-2), and (e-3) to read as follows: | ||
| (e-1) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the license holder is: | ||
| (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 license holder: | ||
| (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 license holder's vehicle located in a parking area | ||
| provided for residents or guests of the condominium property; or | ||
| (D) carries or stores a handgun in the license | ||
| holder's vehicle located in a parking area provided for residents | ||
| or guests of the condominium property. | ||
| (e-2) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the license holder is a tenant of a leased premises | ||
| governed by Chapter 92, Property Code, or the tenant's guest; and | ||
| (2) the license holder: | ||
| (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 license holder's vehicle located in a parking area | ||
| provided for tenants or guests by the landlord of the leased | ||
| premises; or | ||
| (D) carries or stores a handgun in the license | ||
| holder's vehicle located in a parking area provided for tenants or | ||
| guests by the landlord of the leased premises. | ||
| (e-3) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the license holder is a tenant of a manufactured | ||
| home lot governed by Chapter 94, Property Code, or the tenant's | ||
| guest; and | ||
| (2) the license holder: | ||
| (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 license holder's vehicle located in a parking area | ||
| provided for tenants or tenants' guests by the landlord of the | ||
| leased premises; or | ||
| (D) carries or stores a handgun in the license | ||
| holder's vehicle located in a parking area provided for tenants or | ||
| tenants' guests by the landlord of the leased premises. | ||
| SECTION 3. Section 30.07, Penal Code, is amended by adding | ||
| Subsections (e-1), (e-2), and (e-3) to read as follows: | ||
| (e-1) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the license holder is: | ||
| (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 license holder: | ||
| (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 license holder's vehicle located in a parking area | ||
| provided for residents or guests of the condominium property; or | ||
| (D) carries or stores a handgun in the license | ||
| holder's vehicle located in a parking area provided for residents | ||
| or guests of the condominium property. | ||
| (e-2) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the license holder is a tenant of a leased premises | ||
| governed by Chapter 92, Property Code, or the tenant's guest; and | ||
| (2) the license holder: | ||
| (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 license holder's vehicle located in a parking area | ||
| provided for tenants or guests by the landlord of the leased | ||
| premises; or | ||
| (D) carries or stores a handgun in the license | ||
| holder's vehicle located in a parking area provided for tenants or | ||
| guests by the landlord of the leased premises. | ||
| (e-3) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the license holder is a tenant of a manufactured | ||
| home lot governed by Chapter 94, Property Code, or the tenant's | ||
| guest; and | ||
| (2) the license holder: | ||
| (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 license holder's vehicle located in a parking area | ||
| provided for tenants or tenants' guests by the landlord of the | ||
| leased premises; or | ||
| (D) carries or stores a handgun in the license | ||
| holder's vehicle located in a parking area provided for tenants or | ||
| tenants' guests by the landlord of the leased premises. | ||
| SECTION 4. Section 82.002, Property Code, is amended by | ||
| adding Subsection (c-1) to read as follows: | ||
| (c-1) Section 82.121 applies to a condominium for which the | ||
| declaration was recorded before January 1, 1994. | ||
| SECTION 5. Subchapter C, Chapter 82, Property Code, is | ||
| amended by adding Section 82.121 to read as follows: | ||
| Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON | ||
| CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or | ||
| firearm ammunition on condominium property is prohibited by state | ||
| or federal law, a condominium unit owner, or a tenant or guest of a | ||
| condominium unit owner, or a guest of a tenant of a condominium unit | ||
| owner may not be prohibited from lawfully possessing, carrying, | ||
| transporting, or storing a firearm, any part of a firearm, or | ||
| firearm ammunition: | ||
| (1) in the condominium unit owner's unit; | ||
| (2) in a vehicle located in a parking area provided for | ||
| the residents or guests of the condominium property; or | ||
| (3) in other common element locations as necessary to: | ||
| (A) enter or exit the condominium property; | ||
| (B) enter or exit the condominium unit owner's | ||
| unit; or | ||
| (C) enter or exit a vehicle on the condominium | ||
| property or located in a parking area provided for residents or | ||
| guests of the condominium property. | ||
| (b) This section applies notwithstanding any provision of a | ||
| dedicatory instrument to the contrary and regardless of the date of | ||
| the provision's adoption. | ||
| SECTION 6. Subchapter A, Chapter 92, Property Code, is | ||
| amended by adding Section 92.026 to read as follows: | ||
| Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION | ||
| ON LEASED PREMISES. Unless possession of a firearm or firearm | ||
| ammunition on a landlord's property is prohibited by state or | ||
| federal law, a landlord may not prohibit a tenant or a tenant's | ||
| guest from lawfully possessing, carrying, transporting, or storing | ||
| a firearm, any part of a firearm, or firearm ammunition: | ||
| (1) in the tenant's rental unit; | ||
| (2) in a vehicle located in a parking area provided for | ||
| tenants or guests by the landlord of the leased premises; or | ||
| (3) in other locations controlled by the landlord as | ||
| necessary to: | ||
| (A) enter or exit the tenant's rental unit; | ||
| (B) enter or exit the leased premises; or | ||
| (C) enter or exit a vehicle on the leased | ||
| premises or located in a parking area provided by the landlord for | ||
| tenants or guests. | ||
| SECTION 7. Subchapter F, Chapter 94, Property Code, is | ||
| amended by adding Section 94.257 to read as follows: | ||
| Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON | ||
| LEASED PREMISES. Unless possession of a firearm or firearm | ||
| ammunition on a landlord's property is prohibited by state or | ||
| federal law, a landlord may not prohibit a tenant or a tenant's | ||
| guest from lawfully possessing, carrying, transporting, or storing | ||
| a firearm, any part of a firearm, or firearm ammunition: | ||
| (1) in the tenant's manufactured home; | ||
| (2) in a vehicle located in a parking area provided for | ||
| tenants or tenants' guests by the landlord of the leased premises; | ||
| or | ||
| (3) in other locations controlled by the landlord as | ||
| necessary to: | ||
| (A) enter or exit the tenant's manufactured home; | ||
| (B) enter or exit the leased premises; or | ||
| (C) enter or exit a vehicle on the leased | ||
| premises or located in a parking area provided by the landlord for | ||
| tenants or tenants' guests. | ||
| SECTION 8. Sections 30.05, 30.06, and 30.07, Penal Code, as | ||
| amended 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 on the | ||
| date 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 9. Sections 92.026 and 94.257, Property Code, as | ||
| added by this Act, do not affect the enforceability of a provision | ||
| in a lease agreement entered into or renewed before the effective | ||
| date of this Act. | ||
| SECTION 10. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 302 was passed by the House on April | ||
| 11, 2019, by the following vote: Yeas 101, Nays 44, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 302 was passed by the Senate on May 2, | ||
| 2019, by the following vote: Yeas 25, Nays 6. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
