83S20042 AJZ-D
By: Patrick S.B. No. 38
A BILL TO BE ENTITLED
AN ACT
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 [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 on the 91st day after the
last day of the legislative session.