Bill Text: TX HB357 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the carrying of a firearm by a person who is not otherwise prohibited from possessing the firearm and to criminal offenses otherwise related to the carrying of a firearm; creating criminal offenses.

Sponsorship: Partisan Bill (Republican 19)

Status: (Introduced - Dead) 2019-02-19 - Referred to Homeland Security & Public Safety [HB357 Detail]

Download: Texas-2019-HB357-Introduced.html

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86R263 JSC-D
By: Stickland H.B. No. 357

A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a firearm by a person who is not
otherwise prohibited from possessing the firearm and to criminal
offenses otherwise related to the carrying of a firearm; creating
criminal offenses.
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 2019.
SECTION 2. Section 46.02, Penal Code, is amended by
amending Subsections (a) and (d) and adding Subsections (a-5) and
(a-6) to read as follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a [handgun or] club; and
(2) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
(a-5) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a handgun;
(2) is younger than 21 years of age at the time of the
offense; and
(3) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
(a-6) It is an exception to the application of Subsection
(a-5) that the actor holds a license issued under Subchapter H,
Chapter 411, Government Code.
(d) An offense under Subsection (a-4) or (a-5) is a Class C
misdemeanor.
SECTION 3. Sections 46.03(e-1), (e-2), and (f), Penal Code,
are amended to read as follows:
(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 [concealed] handgun that the actor was not
prohibited from possessing [licensed to carry under Subchapter H,
Chapter 411, Government Code]; and
(2) exited the screening checkpoint for the secured
area immediately on [upon] completion of the required screening
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 [concealed] handgun that the
actor is not prohibited from possessing [licensed to carry under
Subchapter H, Chapter 411, Government Code,] may not arrest the
actor for the offense unless:
(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 [upon] completion of the required screening processes.
(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 from possessing a
firearm.
SECTION 4. 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 21 years of age or
older who is not prohibited from possessing a firearm under Section
46.04 or other law is not prohibited from carrying:
(1) a concealed handgun; or
(2) a partially or wholly visible handgun in a
holster.
SECTION 5. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
HOLDER].
SECTION 6. Section 46.035, Penal Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsection
(d-1) to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder] carries a handgun [on or about the license
holder's person under the authority of Subchapter H, Chapter 411,
Government Code,] and intentionally displays the handgun in plain
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 [shoulder or belt] holster [by
the license holder].
(b) A person [license holder] commits an offense if the
person [license holder] intentionally, knowingly, or recklessly
carries a handgun [under the authority of Subchapter H, Chapter
411, Government Code], regardless of whether the handgun is
concealed or carried in a [shoulder or belt] holster[, on or about
the license holder's person]:
(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 [license holder] is a participant in the
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 [license holder] has written authorization of the
hospital or nursing facility administration, as appropriate;
(5) in an amusement park;
(6) on the premises of a church, synagogue, or other
established place of religious worship; or
(7) on the premises of a civil commitment facility.
(c) A person [license holder] commits an offense if the
person [license holder] intentionally, knowingly, or recklessly
carries a handgun [under the authority of Subchapter H, Chapter
411, Government Code], regardless of whether the handgun is
concealed or carried in a [shoulder or belt] holster, in the room or
rooms where a meeting of a governmental entity is held and if the
meeting is an open meeting subject to Chapter 551, Government Code,
and the entity provided notice as required by that chapter.
(d) A person [license holder] commits an offense if the
person[, while intoxicated, the license holder] carries a handgun
while the person is intoxicated [under the authority of Subchapter
H, Chapter 411, Government Code], regardless of whether the handgun
is concealed or carried in a [shoulder or belt] holster.
(d-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries a handgun when the
person is:
(1) engaged in criminal activity, other than a Class C
misdemeanor that is a violation of a law or ordinance regulating
traffic or boating; or
(2) prohibited by law from possessing a firearm.
SECTION 7. 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 8. Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections (b)
and (c) that the actor, at the time of the commission of the
offense, was:
(1) an active judicial officer, as defined by Section
411.201, Government Code; [or]
(2) a bailiff designated by the active judicial
officer and engaged in escorting the officer;
(3) a judge or justice of a federal court; or
(4) the attorney general or a United States attorney,
assistant United States attorney, assistant attorney general,
district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney,
or assistant county attorney.
SECTION 9. Sections 46.15(a) and (b), Penal Code, are
amended to read as follows:
(a) Sections 46.02, [and] 46.03, and 46.035(b) and (c) do
not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and none of those
sections prohibit [neither section prohibits] a peace officer or
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 [neither section prohibits] an officer from carrying a
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 [neither section
prohibits] an officer from carrying a 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) 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, qualified
retired law enforcement officer, federal criminal investigator, or
former reserve law enforcement officer 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:
(A) an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who
has served in that capacity not less than a total of 15 years with
one or more state or local law enforcement agencies;
(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; or
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 437.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned under
Chapter 1702, Occupations Code, or is traveling to or from the
person's place of assignment and is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) [is carrying:
[(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
[(B) a handgun:
[(i) in a concealed manner; or
[(ii) in a shoulder or belt holster;
[(7)] holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(7) [(8)] is a student in a law enforcement class
engaging in an activity required as part of the class, if the weapon
is a type commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
SECTION 10. Chapter 507, Business & Commerce Code, is
amended to read as follows:
CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
holder of a [concealed] handgun license issued under Subchapter H,
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 [concealed] handgun license rather than a
driver's license or other acceptable form of personal
identification.
(b) This section does not affect[:
[(1) the requirement under Section 411.205,
Government Code, that a person subject to that section present a
driver's license or identification certificate in addition to a
concealed handgun license; or
[(2)] the types of identification required under
federal law to access airport premises or pass through airport
security.
SECTION 11. 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 [concealed] handgun issued under Subchapter H, Chapter
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 12. Section 231.302(c-1), Family Code, is amended
to read as follows:
(c-1) For purposes of issuing a license to carry a
[concealed] handgun under Subchapter H, Chapter 411, Government
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 13. The heading to Subchapter H, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
RELATING TO CARRYING OF FIREARMS
SECTION 14. Sections 411.1741(a) and (b), Government Code,
are amended to read as follows:
(a) When a person applies for an original or renewal license
to carry a [concealed] handgun under this subchapter, the person
may make a voluntary contribution in any amount to the fund for
veterans' assistance established by Section 434.017.
(b) The department shall:
(1) include space on the first page of each
application for an original or renewal license to carry a
[concealed] handgun that allows a person applying for an original
or renewal license to carry a [concealed] handgun to indicate the
amount that the person is voluntarily contributing to the fund; and
(2) provide an opportunity for the person to
contribute to the fund during the application process for an
original or renewal license to carry a [concealed] handgun on the
department's Internet website.
SECTION 15. 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 [the authority of]
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 16. 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 [the authority of] this subchapter. A retired
judicial officer is eligible for a license to carry a handgun under
[the authority of] this subchapter if the officer:
(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 [the authority of] this
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 [the authority
of] this subchapter.
(h) The department shall issue a license to carry a handgun
under [the authority of] this subchapter to a United States
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 17. 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 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) [46.035(f)(3)], Penal Code.
SECTION 18. 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 19. The heading to Section 411.206, Government
Code, is amended to read as follows:
Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
SECTION 20. 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 [license holder] who is carrying a handgun [under the
authority of this subchapter], the officer shall seize the person's
[license holder's] handgun. The peace officer also shall seize the
person's handgun [and] license as evidence if the person holds a
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 21. 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 [license holder], officer, or another individual. The peace
officer shall return the handgun to the person [license holder]
before discharging the person [license holder] from the scene if
the officer determines that the person:
(1) [license holder] is not a threat to the officer,
person [license holder], or another individual;
(2) [and if the license holder] has not violated any
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
[license holder].
(a-1) A peace officer may not disarm or detain a person
under Subsection (a) solely because the person is carrying a
handgun.
(b) A peace officer who is acting in the lawful discharge of
the officer's official duties may [temporarily] disarm only
temporarily a person, regardless of whether the person is a license
holder, when the person [a license holder] enters a nonpublic,
secure portion of a law enforcement facility. The[, if the] law
enforcement agency shall provide [provides] a gun locker where the
peace officer can secure the person's [license holder's] handgun.
The peace officer shall secure the handgun in the locker and shall
return the handgun to the person [license holder] immediately after
the person [license holder] leaves the nonpublic, secure portion of
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 [license holder] enters the nonpublic, secure portion of the
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 22. The heading to Section 411.209, Government
Code, is amended to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
[LICENSE HOLDER].
SECTION 23. Section 411.209, Government Code, is amended by
amending Subsections (a), (d), and (f) and adding Subsection (d-1)
to read as follows:
(a) Except as provided by Subsection (i), 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 [that
law or to a license to carry a handgun], that a person who is
[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 a
person is [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 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. The written notice provided under
this subsection must include a copy of any document alleged to be in
violation or must describe the specific location of any sign found
to be in violation.
(d-1) A complaint filed with the attorney general under
Subsection (d) [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 24. 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 [the authority of] Subchapter H, Chapter 411,
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 25. 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 prohibited from possessing a firearm [licensed to
carry the handgun under Subchapter H, Chapter 411, Government
Code].
SECTION 26. 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 prohibited from
possessing [holds a license to carry a handgun under Subchapter H,
Chapter 411, Government Code, who otherwise lawfully possesses] a
firearm[,] or [who lawfully possesses] ammunition to possess a
firearm or ammunition on any 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 prohibited from
possessing a firearm or ammunition [holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code,] and
[who] stores the [a] firearm or ammunition [the employee is
authorized by law to possess] in a locked, 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 27. 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 [concealed] handgun issued to
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 28. 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) regulate the use of property, the location of a
business, or uses at a business under the municipality's fire code,
zoning ordinance, or land-use regulations as long as the code,
ordinance, or regulations are not used to circumvent the intent of
Subsection (a) or Subdivision (5) of this subsection;
(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 a firearm or air gun, [by
a person] other than a [person licensed to carry a] handgun carried
by a person not prohibited from possessing a firearm [under
Subchapter H, Chapter 411, Government Code], at a:
(A) [public park;
[(B)] public meeting of a municipality, county,
or other governmental body;
[(C) political rally, parade, or official
political meeting;] or
(B) [(D)] nonfirearms-related school, college,
or professional athletic event;
(7) 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; or
(8) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner.
SECTION 29. 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 [possesses] a handgun [and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a handgun]; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun [the person is licensed to carry under Subchapter
H, Chapter 411, Government Code].
(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
prohibited from possessing a firearm [possesses a license issued
under Subchapter H, Chapter 411, Government Code,] from entering or
crossing the land of the Lower Colorado River Authority while:
(1) carrying [possessing] a handgun; or
(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 30. Section 284.001(e), Parks and Wildlife Code, is
amended to read as follows:
(e) This section does not limit a person's [the] ability [of
a license holder] to carry a handgun [under the authority of
Subchapter H, Chapter 411, Government Code].
SECTION 31. 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 [handgun]
was forbidden; and
(2) the person was carrying[:
[(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
[(B)] a handgun:
(A) [(i)] in a concealed manner; or
(B) [(ii)] in a [shoulder or belt] holster.
SECTION 32. The heading to Section 30.06, Penal Code, is
amended to read as follows:
Sec. 30.06. TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
CONCEALED HANDGUN.
SECTION 33. Sections 30.06(a), (c), (d), and (e), Penal
Code, are amended to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder]:
(1) carries a concealed handgun [under the authority
of Subchapter H, Chapter 411, Government Code,] on property of
another without effective consent; and
(2) received notice that entry on the property by a
person [license holder] with a concealed handgun was forbidden.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(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 [license holder] with [a] concealed
handgun), a person [licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law),] may not enter this
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 [license holder] was
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 [license holder] carries a
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the person [license holder] is
prohibited from carrying the handgun under Section 46.03 or 46.035
or other law.
SECTION 34. The heading to Section 30.07, Penal Code, is
amended to read as follows:
Sec. 30.07. TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
OPENLY CARRIED HANDGUN.
SECTION 35. Sections 30.07(a), (c), (d), (e), and (f),
Penal Code, are amended to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder]:
(1) openly carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code,] on property of another
without effective consent; and
(2) received notice that entry on the property by a
person [license holder] openly carrying a handgun was forbidden.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(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 [license holder] with [an] openly
carried handgun), a person [licensed under Subchapter H, Chapter
411, Government Code (handgun licensing law),] may not enter this
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 [license holder] was
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 [license holder] openly
carries a [the] handgun is owned or leased by a governmental entity
and is not a premises or other place on which the person [license
holder] is prohibited from carrying the handgun under Section 46.03
or 46.035 or other law.
(f) It is not a defense to prosecution under this section
that the handgun was carried in a [shoulder or belt] holster.
SECTION 36. The following provisions are repealed:
(1) Sections 11.041, 11.61(e), 61.11, and 61.71(f),
Alcoholic Beverage Code;
(2) Sections 411.204(d) and 411.205, Government Code;
(3) Sections 46.02(a-1) and 46.15(j), Penal Code; and
(4) Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007.
SECTION 37. 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 prohibited
from possessing a firearm.
SECTION 38. 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 39. This Act takes effect September 1, 2019.