By: Schaefer H.B. No. 3717
A BILL TO BE ENTITLED
AN ACT
rela
ting to the criminal penalty for a person who carries a
concealed weapon into a prohibited area; creating a criminal
offense; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06(a), Penal Code, is amended to read
as follows:
(a) A license holder commits an offense if the license
holder intentionally and knowingly:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(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) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(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.
(d) An offense under this section is a:
(1) Class A C misdemeanor punishable by a fine not to
exceed $200.00.
(2) Class A misdemeanor if oral notice was given by the
owner of the property or someone with apparent authority to act for
the owner and the license holder failed to depart.
SECTION 2. This Act takes effect September 1, 2015.