Bill Text: TX SB637 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to carrying and storing a firearm or firearm ammunition by a hotel guest.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SB637 Detail]
Download: Texas-2021-SB637-Introduced.html
87R8847 JSC-D | ||
By: Hughes | S.B. No. 637 |
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relating to carrying and storing a firearm or firearm ammunition by | ||
a hotel guest. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter C, Chapter 2155, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER C. FIREARMS POLICY [ |
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SECTION 2. Section 2155.101, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2155.101. DEFINITIONS [ |
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subchapter: | ||
(1) "Hotel" means a hotel, motel, inn, or similar | ||
business entity that offers more than 10 rooms to the public for | ||
temporary lodging for a fee [ |
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(2) "License holder" has the meaning assigned by | ||
Section 46.035, Penal Code. | ||
SECTION 3. Subchapter C, Chapter 2155, Occupations Code, is | ||
amended by adding Section 2155.1025 to read as follows: | ||
Sec. 2155.1025. FIREARMS POLICY. (a) Unless possession of | ||
a handgun or other firearm or ammunition on hotel property is | ||
prohibited by state or federal law, a hotel may not adopt a policy | ||
prohibiting a hotel guest who is a license holder from: | ||
(1) carrying or storing a firearm or firearm | ||
ammunition in the guest's hotel room; | ||
(2) carrying a firearm or firearm ammunition directly | ||
en route to or from the hotel or the guest's hotel room; | ||
(3) carrying a firearm or firearm ammunition directly | ||
en route to or from the guest's vehicle located on the hotel | ||
property, including a vehicle in a parking area provided for hotel | ||
guests; or | ||
(4) carrying or storing a firearm or firearm | ||
ammunition in the guest's vehicle located on the hotel property, | ||
including a vehicle in a parking area provided for hotel guests. | ||
(b) A hotel may adopt a policy requiring a hotel guest | ||
carrying a firearm or firearm ammunition in a common area on the | ||
hotel property to: | ||
(1) carry a handgun in a concealed manner; or | ||
(2) carry a firearm or ammunition in a case or bag. | ||
SECTION 4. Section 30.05, Penal Code, is amended by adding | ||
Subsection (f-4) to read as follows: | ||
(f-4) It is a defense to prosecution under this section | ||
that: | ||
(1) the conduct occurred on hotel property, and the | ||
basis on which entry on that property was forbidden is that entry | ||
with a firearm or firearm ammunition was forbidden; | ||
(2) the actor: | ||
(A) holds a license to carry a handgun under | ||
Subchapter H, Chapter 411, Government Code; and | ||
(B) is a guest of a hotel, as defined by Section | ||
2155.101, Occupations Code; and | ||
(3) the actor: | ||
(A) carries or stores a firearm or firearm | ||
ammunition in the actor's hotel room; | ||
(B) carries a firearm or firearm ammunition | ||
directly en route to or from the hotel or the actor's hotel room; | ||
(C) carries a firearm or firearm ammunition | ||
directly en route to or from the actor's vehicle located on the | ||
hotel property, including a vehicle in a parking area provided for | ||
hotel guests; or | ||
(D) carries or stores a firearm or firearm | ||
ammunition in the actor's vehicle located on the hotel property, | ||
including a vehicle in a parking area provided for hotel guests. | ||
SECTION 5. Section 30.06, Penal Code, is amended by adding | ||
Subsection (e-4) to read as follows: | ||
(e-4) It is a defense to prosecution under this section that | ||
the license holder is a guest of a hotel, as defined by Section | ||
2155.101, Occupations Code, and the license holder: | ||
(1) carries or stores a handgun in the license holder's | ||
hotel room; | ||
(2) carries a handgun directly en route to or from the | ||
hotel or the license holder's hotel room; | ||
(3) carries a handgun directly en route to or from the | ||
license holder's vehicle located on the hotel property, including a | ||
vehicle in a parking area provided for hotel guests; or | ||
(4) carries or stores a handgun in the license holder's | ||
vehicle located on the hotel property, including a vehicle in a | ||
parking area provided for hotel guests. | ||
SECTION 6. Section 30.07, Penal Code, is amended by adding | ||
Subsection (e-4) to read as follows: | ||
(e-4) It is a defense to prosecution under this section that | ||
the license holder is a guest of a hotel, as defined by Section | ||
2155.101, Occupations Code, and the license holder: | ||
(1) carries or stores a handgun in the license holder's | ||
hotel room; | ||
(2) carries a handgun directly en route to or from the | ||
hotel or the license holder's hotel room; | ||
(3) carries a handgun directly en route to or from the | ||
license holder's vehicle located on the hotel property, including a | ||
vehicle in a parking area provided for hotel guests; or | ||
(4) carries or stores a handgun in the license holder's | ||
vehicle located on the hotel property, including a vehicle in a | ||
parking area provided for hotel guests. | ||
SECTION 7. 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 8. This Act takes effect September 1, 2021. |