Bill Text: TX HB508 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Engrossed - Dead) 2013-05-26 - Senate adopts conf. comm. report-reported [HB508 Detail]

Download: Texas-2013-HB508-Introduced.html
  83R2637 AJZ-D
 
  By: Guillen H.B. No. 508
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain laws relating to carrying concealed handguns on
  property owned or leased by a governmental entity; creating an
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 30, Penal Code, is amended by adding
  Section 30.061 to read as follows:
         Sec. 30.061.  WRONGFUL EXCLUSION OF CONCEALED HANDGUN
  LICENSE HOLDER. (a) In this section:
               (1)  "License holder" has the meaning assigned by
  Section 46.035(f).
               (2)  "Public employee" means an employee or appointed
  officer other than an independent contractor who is paid to perform
  services for a state or local governmental entity.
         (b)  A person commits an offense if the person is a public
  employee who provides notice under Section 30.06 to a license
  holder carrying a handgun under the authority of Subchapter H,
  Chapter 411, Government Code, that entering or remaining on a
  premises or other place owned or leased by a governmental entity is
  prohibited and:
               (1)  the license holder is not prohibited from carrying
  a handgun on the premises or other place by Section 46.03 or Section
  46.035; and
               (2)  the public employee is reckless as to whether a
  license holder is prohibited from carrying a handgun on the
  premises or other place.
         (c)  An offense under this section is a Class C misdemeanor
  with a minimum fine of $250. If it is shown on the trial of the
  offense that the notice was provided by written communication, each
  day of a continuing violation constitutes a separate violation.
         SECTION 2.  Section 46.035(c), Penal Code, is amended to
  read as follows:
         (c)  A license holder commits an offense if the 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, in the room or rooms
  where a [at any] 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.
         SECTION 3.  The change in law made by this Act in amending
  Section 46.035(c), Penal Code, applies 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 4.  This Act takes effect September 1, 2013.
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