Bill Text: TX SB8 | 2013 | 83rd Legislature 3rd Special Session | Introduced
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: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-08-05 - Co-author authorized [SB8 Detail]
Download: Texas-2013-SB8-Introduced.html
| By: Patrick | S.B. No. 8 | |
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| relating to certain offenses relating to carrying concealed | ||
| handguns on property owned or leased by a governmental entity; | ||
| providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 411, Government Code, is | ||
| amended by adding Section 411.209 to read as follows: | ||
| Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN | ||
| LICENSE HOLDER. (a) A state agency or a political subdivision of | ||
| the state may not provide notice by a communication described by | ||
| Section 30.06, Penal Code, or by any sign expressly referring to | ||
| that law or to a concealed handgun license, 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 or leased 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. | ||
| (b) A state agency or a political subdivision of the state | ||
| that violates Subsection (a) is liable for a civil penalty of: | ||
| (1) not less than $1,000 and not more than $1,500 for | ||
| the first violation; and | ||
| (2) not less than $10,000 and not more than $10,500 for | ||
| the second or a subsequent violation. | ||
| (c) Each day of a continuing violation of Subsection (a) | ||
| constitutes a separate violation. | ||
| (d) A citizen of this state or a person licensed to carry a | ||
| concealed 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). A complaint filed under this | ||
| subsection must include evidence of the violation. | ||
| (e) A civil penalty collected by the attorney general under | ||
| this section shall be deposited to the credit of the compensation to | ||
| victims of crime fund established under Subchapter B, Chapter 56, | ||
| Code of Criminal Procedure. | ||
| (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 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). | ||
| (g) If the attorney general determines that legal action is | ||
| warranted and that the state agency or political subdivision has | ||
| not cured the violation within the 15-day period provided by | ||
| Subsection (f)(3), the attorney general or the appropriate county | ||
| or district attorney may sue to collect the civil penalty provided | ||
| by Subsection (b). The attorney general may also file a petition | ||
| for a writ of mandamus or apply for other appropriate equitable | ||
| relief. A suit or petition under this subsection may be filed in a | ||
| district court in Travis County or in a county in which the | ||
| principal office of the state agency or political subdivision is | ||
| located. The attorney general may recover reasonable expenses | ||
| incurred in obtaining relief under this subsection, including court | ||
| costs, reasonable attorney's fees, investigative costs, witness | ||
| fees, and deposition costs. | ||
| (h) Sovereign immunity to suit is waived and abolished to | ||
| the extent of liability created by this section. | ||
| 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 [ |
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| 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. | ||
