| 1 | 1 | | By: Schaefer H.B. No. 3717 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | rela |
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| 7 | 7 | | ting to the criminal penalty for a person who carries a |
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| 8 | 8 | | concealed weapon into a prohibited area; creating a criminal |
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| 9 | 9 | | offense; providing penalties. |
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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(a), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) A license holder commits an offense if the license |
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| 14 | 14 | | holder intentionally and knowingly: |
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| 15 | 15 | | (1) carries a handgun under the authority of |
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| 16 | 16 | | Subchapter H, Chapter 411, Government Code, on property of another |
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| 17 | 17 | | without effective consent; and |
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| 18 | 18 | | (2) received notice that: |
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| 19 | 19 | | (A) entry on the property by a license holder |
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| 20 | 20 | | with a concealed handgun was forbidden; or |
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| 21 | 21 | | (B) remaining on the property with a concealed |
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| 22 | 22 | | handgun was forbidden and failed to depart. |
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| 23 | 23 | | (b) For purposes of this section, a person receives notice |
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| 24 | 24 | | if the owner of the property or someone with apparent authority to |
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| 25 | 25 | | act for the owner provides notice to the person by oral or written |
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| 26 | 26 | | communication. |
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| 27 | 27 | | (c) In this section: |
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| 28 | 28 | | (1) "Entry" has the meaning assigned by Section |
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| 29 | 29 | | 30.05(b). |
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| 30 | 30 | | (2) "License holder" has the meaning assigned by |
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| 31 | 31 | | Section 46.035(f). |
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| 32 | 32 | | (3) "Written communication" means: |
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| 33 | 33 | | (A) a card or other document on which is written |
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| 34 | 34 | | language identical to the following: "Pursuant to Section 30.06, |
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| 35 | 35 | | Penal Code (trespass by holder of license to carry a concealed |
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| 36 | 36 | | handgun), a person licensed under Subchapter H, Chapter 411, |
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| 37 | 37 | | Government Code (concealed handgun law), may not enter this |
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| 38 | 38 | | property with a concealed handgun"; or |
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| 39 | 39 | | (B) a sign posted on the property that: |
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| 40 | 40 | | (i) includes the language described by |
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| 41 | 41 | | Paragraph (A) in both English and Spanish; |
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| 42 | 42 | | (ii) appears in contrasting colors with |
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| 43 | 43 | | block letters at least one inch in height; and |
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| 44 | 44 | | (iii) is displayed in a conspicuous manner |
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| 45 | 45 | | clearly visible to the public. |
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| 46 | 46 | | (d) An offense under this section is a: |
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| 47 | 47 | | (1) Class A C misdemeanor punishable by a fine not to |
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| 48 | 48 | | exceed $200.00. |
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| 49 | 49 | | (2) Class A misdemeanor if oral notice was given by the |
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| 50 | 50 | | owner of the property or someone with apparent authority to act for |
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| 51 | 51 | | the owner and the license holder failed to depart. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2015. |
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