Bill Text: TX HB375 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to providing for the carrying of handguns without a license and to related offenses and penalties.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB375 Detail]
Download: Texas-2017-HB375-Introduced.html
85R2553 TYPED | ||
By: Stickland | H.B. No. 375 |
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relating to providing for the carrying of handguns without a | ||
license and to related offenses and penalties. | ||
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 2017. | ||
SECTION 2. Section 46.02, Penal Code, is amended by | ||
amending Subsection (a) to read as follows: | ||
(a) A person commits an offense if the person intentionally, | ||
knowingly, or recklessly carries on or about his or her person an | ||
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(1) on the person's own premises or premises under the | ||
person's control; or | ||
(2) inside of or directly en route to a motor vehicle | ||
or watercraft that is owned by the person or under the person's | ||
control. | ||
SECTION 3. Section 46.03, Penal Code, is amended by | ||
amending Subsections (e-1) and (e-2) 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 otherwise | ||
prohibited by law from possessing [ |
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(2) exited the screening checkpoint for the secured | ||
area immediately 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 | ||
was not otherwise prohibited by law from possessing [ |
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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 | ||
upon completion of the required screening processes. | ||
SECTION 4. The heading to Section 46.035, Penal Code, is | ||
amended to read as follows: | ||
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [ |
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SECTION 5. Section 46.035, Penal Code, is amended by | ||
amending Subsections (a), (a-1), (a-2), (a-3), (b), and (f) to read | ||
as follows: | ||
(a) A person [ |
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person [ |
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[ |
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handgun in plain view of another person in a public place, unless [ |
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handgun [ |
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shoulder or belt holster [ |
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(a-1) Notwithstanding Subsection (a), a person [ |
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partially or wholly visible handgun, regardless of whether the | ||
handgun is holstered, on or about his or her [ |
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person [ |
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handgun in plain view of another person: | ||
(1) on the premises of an institution of higher | ||
education or private or independent institution of higher | ||
education; or | ||
(2) on any public or private driveway, street, | ||
sidewalk or walkway, parking lot, parking garage, or other parking | ||
area of an institution of higher education or private or | ||
independent institution of higher education. | ||
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a | ||
person [ |
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institution of higher education in this state that has established | ||
rules, regulations, or other provisions prohibiting persons | ||
[ |
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411.2031(e), Government Code, or on the grounds or building on | ||
which an activity sponsored by such an institution is being | ||
conducted, or in a passenger transportation vehicle of such an | ||
institution, regardless of whether the handgun is concealed, | ||
provided the institution gives effective notice under Section | ||
30.06. | ||
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a | ||
person [ |
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premises located on the campus of an institution of higher | ||
education in this state on which the carrying of a concealed handgun | ||
is prohibited by rules, regulations, or other provisions | ||
established under Section 411.2031(d-1), Government Code, provided | ||
the institution gives effective notice under Section 30.06 with | ||
respect to that portion. | ||
(b) A person [ |
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person [ |
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recklessly carries a handgun [ |
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or her [ |
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(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 [ |
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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 [ |
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hospital or nursing facility administration, as appropriate; | ||
(5) in an amusement park; [ |
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(6) on the premises of a church, synagogue, or other | ||
established place of religious worship;[ |
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(7) in the room or rooms where a meeting of a | ||
governmental entity is held, if the meeting is an open meeting | ||
subject to Chapter 551, Government Code, and the entity provided | ||
notice as required by that chapter; | ||
(8) while intoxicated; | ||
(9) while engaged in criminal activity, other than a | ||
Class C misdemeanor; or | ||
(10) while otherwise prohibited by law from possessing | ||
a firearm. | ||
(f) In this section: | ||
(1) "Amusement park" means a permanent indoor or | ||
outdoor facility or park where amusement rides are available for | ||
use by the public that is located in a county with a population of | ||
more than one million, encompasses at least 75 acres in surface | ||
area, is enclosed with access only through controlled entries, is | ||
open for operation more than 120 days in each calendar year, and has | ||
security guards on the premises at all times. The term does not | ||
include any public or private driveway, street, sidewalk or | ||
walkway, parking lot, parking garage, or other parking area. | ||
(1-a) "Institution of higher education" and "private | ||
or independent institution of higher education" have the meanings | ||
assigned by Section 61.003, Education Code. | ||
(2) "Intoxicated" has the meaning assigned by Section | ||
49.01 [ |
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(3) "Premises" means a building or a portion of a | ||
building. The term does not include any public or private driveway, | ||
street, sidewalk or walkway, parking lot, parking garage, or other | ||
parking area. | ||
SECTION 6. Section 46.035(h-1), Penal Code, as added by | ||
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular | ||
Session, 2007, is reenacted and amended to read as follows: | ||
(h-1) It is a defense to prosecution under Subsections | ||
(b)(1)-(7) [ |
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commission of the offense, was: | ||
(1) an active judicial officer, as defined by Section | ||
411.201, Government Code; [ |
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(2) a bailiff designated by the active judicial | ||
officer and engaged in escorting the officer[ |
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(3) a judge or justice of a federal court; or | ||
(4) a district attorney, assistant district attorney, | ||
criminal district attorney, assistant criminal district attorney, | ||
county attorney, or assistant county attorney. | ||
SECTION 7. Section 46.035(i), Penal Code, is amended to | ||
read as follows: | ||
(i) Subsections (b)(4)-(7) [ |
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Section 30.06 or 30.07. | ||
SECTION 8. Section 46.15(a), Penal Code, is amended to read | ||
as follows: | ||
(a) Sections 46.02, |
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apply to: | ||
(1) peace officers or special investigators under | ||
Article 2.122, Code of Criminal Procedure, and 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 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 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) a 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 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; or | ||
(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code. | ||
SECTION 9. Section 46.15, Penal Code, is amended by adding | ||
Subsection (k) to read as follows: | ||
(k) Notwithstanding any other law to the contrary, a person | ||
who is not otherwise prohibited by law from possessing a firearm | ||
shall not be required to obtain any license to carry a handgun as a | ||
condition for carrying a handgun. | ||
SECTION 10. 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 concealed handgun | ||
under Subchapter H, Chapter 411, Government Code, at a: | ||
(A) [ |
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or other governmental body; or | ||
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(B) [ |
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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 11. Section 411.2031, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.2031. CARRYING OF HANDGUNS [ |
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CERTAIN CAMPUSES. (a) For purposes of this section: | ||
(1) "Campus" means all land and buildings owned or | ||
leased by an institution of higher education or private or | ||
independent institution of higher education. | ||
(2) "Institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003, Education Code. | ||
(3) "Premises" has the meaning assigned by Section | ||
46.035, Penal Code. | ||
(b) A person [ |
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on or about his or her [ |
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person [ |
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education or private or independent institution of higher education | ||
in this state. | ||
(c) Except as provided by Subsection (d), (d-1), or (e), an | ||
institution of higher education or private or independent | ||
institution of higher education in this state may not adopt any | ||
rule, regulation, or other provision prohibiting persons [ |
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(d) An institution of higher education or private or | ||
independent institution of higher education in this state may | ||
establish rules, regulations, or other provisions concerning the | ||
storage of handguns in dormitories or other residential facilities | ||
that are owned or leased and operated by the institution and located | ||
on the campus of the institution. | ||
(d-1) After consulting with students, staff, and faculty of | ||
the institution regarding the nature of the student population, | ||
specific safety considerations, and the uniqueness of the campus | ||
environment, the president or other chief executive officer of an | ||
institution of higher education in this state shall establish | ||
reasonable rules, regulations, or other provisions regarding the | ||
carrying of concealed handguns by persons [ |
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campus of the institution or on premises located on the campus of | ||
the institution. The president or officer may not establish | ||
provisions that generally prohibit or have the effect of generally | ||
prohibiting persons [ |
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handguns on the campus of the institution. The president or officer | ||
may amend the provisions as necessary for campus safety. The | ||
provisions take effect as determined by the president or officer | ||
unless subsequently amended by the board of regents or other | ||
governing board under Subsection (d-2). The institution must give | ||
effective notice under Section 30.06, Penal Code, with respect to | ||
any portion of a premises on which persons [ |
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carry. | ||
(d-2) Not later than the 90th day after the date that the | ||
rules, regulations, or other provisions are established as | ||
described by Subsection (d-1), the board of regents or other | ||
governing board of the institution of higher education shall review | ||
the provisions. The board of regents or other governing board may, | ||
by a vote of not less than two-thirds of the board, amend wholly or | ||
partly the provisions established under Subsection (d-1). If | ||
amended under this subsection, the provisions are considered to be | ||
those of the institution as established under Subsection (d-1). | ||
(d-3) An institution of higher education shall widely | ||
distribute the rules, regulations, or other provisions described by | ||
Subsection (d-1) to the institution's students, staff, and faculty, | ||
including by prominently publishing the provisions on the | ||
institution's Internet website. | ||
(d-4) Not later than September 1 of each even-numbered year, | ||
each institution of higher education in this state shall submit a | ||
report to the legislature and to the standing committees of the | ||
legislature with jurisdiction over the implementation and | ||
continuation of this section that: | ||
(1) describes its rules, regulations, or other | ||
provisions regarding the carrying of concealed handguns on the | ||
campus of the institution; and | ||
(2) explains the reasons the institution has | ||
established those provisions. | ||
(e) A private or independent institution of higher | ||
education in this state, after consulting with students, staff, and | ||
faculty of the institution, may establish rules, regulations, or | ||
other provisions prohibiting persons [ |
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carrying handguns on the campus of the institution, any grounds or | ||
building on which an activity sponsored by the institution is being | ||
conducted, or a passenger transportation vehicle owned by the | ||
institution. | ||
SECTION 12. Section 411.2032, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.2032. TRANSPORTATION AND STORAGE OF FIREARMS AND | ||
AMMUNITION [ |
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CAMPUSES. (a) For purposes of this section: | ||
(1) "Campus" means all land and buildings owned or | ||
leased by an institution of higher education or private or | ||
independent institution of higher education. | ||
(2) "Institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003, Education Code. | ||
(b) An institution of higher education or private or | ||
independent institution of higher education in this state may not | ||
adopt or enforce any rule, regulation, or other provision or take | ||
any other action, including posting notice under Section 30.06 or | ||
30.07, Penal Code, prohibiting or placing restrictions on the | ||
storage or transportation of a firearm or ammunition in a locked, | ||
privately owned or leased motor vehicle by a person, including a | ||
student enrolled at that institution, who [ |
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or ammunition: | ||
(1) on a street or driveway located on the campus of | ||
the institution; or | ||
(2) in a parking lot, parking garage, or other parking | ||
area located on the campus of the institution. | ||
SECTION 13. Section 411.207, Government Code, is amended by | ||
amending Subsections (a)-(c) 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 [ |
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at any time the officer reasonably believes it is necessary for the | ||
protection of the person [ |
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individual. The peace officer shall return the handgun to the | ||
person [ |
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[ |
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committed any other violation that results in the arrest of the | ||
person [ |
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handgun, openly or concealed, with or without a license issued | ||
under this subchapter, shall not constitute reasonable belief for a | ||
peace officer to disarm or detain an otherwise law-abiding person. | ||
(b) A peace officer who is acting in the lawful discharge of | ||
the officer's official duties may temporarily disarm a person | ||
[ |
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secure portion of a law enforcement facility, if the law | ||
enforcement agency provides a gun locker where the peace officer | ||
can secure the person's [ |
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officer shall secure the handgun in the locker and shall return the | ||
handgun to the person [ |
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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 [ |
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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 14. Section 30.05(f), Penal Code, is amended to | ||
read as follows: | ||
(f) It is a defense to prosecution under this section that[ |
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or in the building was forbidden is that entry with a handgun was | ||
forbidden[ |
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SECTION 15. Section 30.06, Penal Code, is amended to read as | ||
follows: | ||
Sec. 30.06. TRESPASS BY PERSON IN POSSESSION OF A [ |
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commits an offense if the person [ |
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(1) carries a concealed handgun [ |
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another without effective consent; and | ||
(2) received notice that entry on the property by a | ||
person [ |
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(b) For purposes of this section, a person receives notice | ||
if the owner of the property or someone with apparent authority to | ||
act for the owner provides notice to the person by oral or written | ||
communication. | ||
(c) In this section: | ||
(1) "Entry" has the meaning assigned by Section | ||
30.05(b). | ||
(2) [ |
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[ |
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(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 in possession of [ |
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enter this property while in possession of [ |
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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. | ||
(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 [ |
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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 [ |
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handgun is owned or leased by a governmental entity and is not a | ||
premises or other place on which the person [ |
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prohibited from carrying the handgun under Section 46.03 or 46.035. | ||
SECTION 16. Section 30.07, Penal Code, is amended to read as | ||
follows: | ||
Sec. 30.07. TRESPASS BY PERSON IN POSSESSION OF [ |
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(1) openly carries a handgun [ |
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without effective consent; and | ||
(2) received notice that entry on the property by a | ||
person [ |
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(b) For purposes of this section, a person receives notice | ||
if the owner of the property or someone with apparent authority to | ||
act for the owner provides notice to the person by oral or written | ||
communication. | ||
(c) In this section: | ||
(1) "Entry" has the meaning assigned by Section | ||
30.05(b). | ||
(2) [ |
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[ |
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(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 in possession of [ |
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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 [ |
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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 [ |
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carries the handgun is owned or leased by a governmental entity and | ||
is not a premises or other place on which the person [ |
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or 46.035. | ||
(f) It is not a defense to prosecution under this section | ||
that the handgun was carried in a shoulder or belt holster. | ||
SECTION 17. The following provisions are repealed: | ||
(1) Section 411.205, Government Code; | ||
(2) Section 46.02(a-1), Penal Code; | ||
(3) Section 46.03(f), Penal Code; | ||
(4) Sections 46.035 (c) and (d), Penal Code; and | ||
(5) Section 46.035(h-1), Penal Code, as added by | ||
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular | ||
Session, 2007. | ||
SECTION 18. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect on the 91st day after the last day of | ||
the legislative session. |