84R10798 LEH-F
By: Nevárez H.B. No. 2405
A BILL TO BE ENTITLED
AN ACT
relating to the notice given by a property owner prohibiting a
concealed handgun license holder from carrying a handgun on certain
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06, Penal Code, is amended by
amending Subsection (c) and adding Subsections (c-1) and (c-2) to
read as follows:
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means a sign posted in
accordance with rules adopted by the public safety director of the
Department of Public Safety under Subsection (c-1) [:
[(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun law), may not enter this
property with a concealed 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].
(c-1) The public safety director of the Department of Public
Safety shall adopt rules regarding the content, size, and other
characteristics of signs to be posted on a building or other
property where the property owner seeks to prohibit a license
holder from carrying a handgun. The rules must require the sign to:
(1) contain a pictogram that shows, on a white
background, a handgun drawn in black ink within a red circle and a
diagonal red line across the handgun;
(2) contain language that must include the following:
"Section 30.06, Penal Code";
(3) be a readable and conspicuous size but not larger
than 8.5 inches by 11 inches;
(4) be posted at each exterior entrance that is open to
the public;
(5) be posted in a conspicuous manner clearly visible
to the public;
(6) not be obstructed or altered in any way; and
(7) be immediately replaced by the property owner if
the sign becomes illegible.
(c-2) The Department of Public Safety shall make available
on the department's Internet website a printable electronic copy of
a sign that complies with the rules adopted under Subsection (c-1).
SECTION 2. The public safety director of the Department of
Public Safety shall adopt the rules prescribing the content, size,
and other characteristics of the sign described by Section
30.06(c-1), Penal Code, as added by this Act, and, not later than
December 1, 2015, make a printable electronic copy of the sign
available on the department's Internet website as required by
Section 30.06(c-2), Penal Code, as added by this Act.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after January 1, 2016. An offense
committed before January 1, 2016, 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 January 1, 2016, if any element of
the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2015.