| 1 | 1 | | 84R10798 LEH-F |
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| 2 | 2 | | By: Nevárez H.B. No. 2405 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the notice given by a property owner prohibiting a |
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| 8 | 8 | | concealed handgun license holder from carrying a handgun on certain |
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| 9 | 9 | | property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 30.06, Penal Code, is amended by |
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| 12 | 12 | | amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) In this section: |
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| 15 | 15 | | (1) "Entry" has the meaning assigned by Section |
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| 16 | 16 | | 30.05(b). |
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| 17 | 17 | | (2) "License holder" has the meaning assigned by |
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| 18 | 18 | | Section 46.035(f). |
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| 19 | 19 | | (3) "Written communication" means a sign posted in |
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| 20 | 20 | | accordance with rules adopted by the public safety director of the |
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| 21 | 21 | | Department of Public Safety under Subsection (c-1) [: |
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| 22 | 22 | | [(A) a card or other document on which is written |
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| 23 | 23 | | language identical to the following: "Pursuant to Section 30.06, |
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| 24 | 24 | | Penal Code (trespass by holder of license to carry a concealed |
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| 25 | 25 | | handgun), a person licensed under Subchapter H, Chapter 411, |
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| 26 | 26 | | Government Code (concealed handgun law), may not enter this |
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| 27 | 27 | | property with a concealed handgun"; or |
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| 28 | 28 | | [(B) a sign posted on the property that: |
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| 29 | 29 | | [(i) includes the language described by |
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| 30 | 30 | | Paragraph (A) in both English and Spanish; |
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| 31 | 31 | | [(ii) appears in contrasting colors with |
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| 32 | 32 | | block letters at least one inch in height; and |
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| 33 | 33 | | [(iii) is displayed in a conspicuous manner |
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| 34 | 34 | | clearly visible to the public]. |
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| 35 | 35 | | (c-1) The public safety director of the Department of Public |
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| 36 | 36 | | Safety shall adopt rules regarding the content, size, and other |
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| 37 | 37 | | characteristics of signs to be posted on a building or other |
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| 38 | 38 | | property where the property owner seeks to prohibit a license |
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| 39 | 39 | | holder from carrying a handgun. The rules must require the sign to: |
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| 40 | 40 | | (1) contain a pictogram that shows, on a white |
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| 41 | 41 | | background, a handgun drawn in black ink within a red circle and a |
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| 42 | 42 | | diagonal red line across the handgun; |
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| 43 | 43 | | (2) contain language that must include the following: |
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| 44 | 44 | | "Section 30.06, Penal Code"; |
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| 45 | 45 | | (3) be a readable and conspicuous size but not larger |
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| 46 | 46 | | than 8.5 inches by 11 inches; |
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| 47 | 47 | | (4) be posted at each exterior entrance that is open to |
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| 48 | 48 | | the public; |
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| 49 | 49 | | (5) be posted in a conspicuous manner clearly visible |
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| 50 | 50 | | to the public; |
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| 51 | 51 | | (6) not be obstructed or altered in any way; and |
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| 52 | 52 | | (7) be immediately replaced by the property owner if |
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| 53 | 53 | | the sign becomes illegible. |
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| 54 | 54 | | (c-2) The Department of Public Safety shall make available |
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| 55 | 55 | | on the department's Internet website a printable electronic copy of |
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| 56 | 56 | | a sign that complies with the rules adopted under Subsection (c-1). |
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| 57 | 57 | | SECTION 2. The public safety director of the Department of |
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| 58 | 58 | | Public Safety shall adopt the rules prescribing the content, size, |
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| 59 | 59 | | and other characteristics of the sign described by Section |
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| 60 | 60 | | 30.06(c-1), Penal Code, as added by this Act, and, not later than |
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| 61 | 61 | | December 1, 2015, make a printable electronic copy of the sign |
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| 62 | 62 | | available on the department's Internet website as required by |
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| 63 | 63 | | Section 30.06(c-2), Penal Code, as added by this Act. |
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| 64 | 64 | | SECTION 3. The change in law made by this Act applies only |
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| 65 | 65 | | to an offense committed on or after January 1, 2016. An offense |
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| 66 | 66 | | committed before January 1, 2016, is governed by the law in effect |
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| 67 | 67 | | on the date the offense was committed, and the former law is |
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| 68 | 68 | | continued in effect for that purpose. For purposes of this section, |
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| 69 | 69 | | an offense was committed before January 1, 2016, if any element of |
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| 70 | 70 | | the offense occurred before that date. |
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| 71 | 71 | | SECTION 4. This Act takes effect September 1, 2015. |
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