| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to certain offenses relating to carrying concealed |
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| 8 | 6 | | handguns on property owned or leased by a governmental entity; |
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| 9 | 7 | | providing a civil penalty. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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| 12 | 10 | | amended by adding Section 411.209 to read as follows: |
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| 13 | 11 | | Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN |
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| 14 | 12 | | LICENSE HOLDER. (a) A state agency or a political subdivision of |
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| 15 | 13 | | the state may not provide notice by a communication described by |
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| 16 | 14 | | Section 30.06, Penal Code, or by any sign expressly referring to |
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| 17 | 15 | | that law or to a concealed handgun license, that a license holder |
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| 18 | 16 | | carrying a handgun under the authority of this subchapter is |
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| 19 | 17 | | prohibited from entering or remaining on a premises or other place |
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| 20 | 18 | | owned or leased by the governmental entity unless license holders |
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| 21 | 19 | | are prohibited from carrying a handgun on the premises or other |
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| 22 | 20 | | place by Section 46.03 or 46.035, Penal Code. |
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| 23 | 21 | | (b) A state agency or a political subdivision of the state |
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| 24 | 22 | | that violates Subsection (a) is liable for a civil penalty of: |
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| 25 | 23 | | (1) not less than $1,000 and not more than $1,500 for |
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| 26 | 24 | | the first violation; and |
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| 27 | 25 | | (2) not less than $10,000 and not more than $10,500 for |
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| 28 | 26 | | the second or a subsequent violation. |
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| 29 | 27 | | (c) Each day of a continuing violation of Subsection (a) |
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| 30 | 28 | | constitutes a separate violation. |
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| 31 | 29 | | (d) A citizen of this state or a person licensed to carry a |
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| 32 | 30 | | concealed handgun under this subchapter may file a complaint with |
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| 33 | 31 | | the attorney general that a state agency or political subdivision |
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| 34 | 32 | | is in violation of Subsection (a) if the citizen or person provides |
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| 35 | 33 | | the agency or subdivision a written notice that describes the |
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| 36 | 34 | | violation and specific location of the sign found to be in violation |
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| 37 | 35 | | and the agency or subdivision does not cure the violation before the |
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| 38 | 36 | | end of the third business day after the date of receiving the |
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| 39 | 37 | | written notice. A complaint filed under this subsection must |
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| 40 | 38 | | include evidence of the violation and a copy of the written notice. |
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| 41 | 39 | | (e) A civil penalty collected by the attorney general under |
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| 42 | 40 | | this section shall be deposited to the credit of the compensation to |
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| 43 | 41 | | victims of crime fund established under Subchapter B, Chapter 56, |
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| 44 | 42 | | Code of Criminal Procedure. |
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| 45 | 43 | | (f) Before a suit may be brought against a state agency or a |
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| 46 | 44 | | political subdivision of the state for a violation of Subsection |
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| 47 | 45 | | (a), the attorney general must investigate the complaint to |
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| 48 | 46 | | determine whether legal action is warranted. If legal action is |
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| 49 | 47 | | warranted, the attorney general must give the chief administrative |
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| 50 | 48 | | officer of the agency or political subdivision charged with the |
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| 51 | 49 | | violation a written notice that: |
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| 52 | 50 | | (1) describes the violation and specific location of |
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| 53 | 51 | | the sign found to be in violation; |
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| 54 | 52 | | (2) states the amount of the proposed penalty for the |
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| 55 | 53 | | violation; and |
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| 56 | 54 | | (3) gives the agency or political subdivision 15 days |
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| 57 | 55 | | from receipt of the notice to remove the sign and cure the violation |
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| 58 | 56 | | to avoid the penalty, unless the agency or political subdivision |
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| 59 | 57 | | was found liable by a court for previously violating Subsection |
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| 60 | 58 | | (a). |
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| 61 | 59 | | (g) If the attorney general determines that legal action is |
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| 62 | 60 | | warranted and that the state agency or political subdivision has |
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| 63 | 61 | | not cured the violation within the 15-day period provided by |
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| 64 | 62 | | Subsection (f)(3), the attorney general or the appropriate county |
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| 65 | 63 | | or district attorney may sue to collect the civil penalty provided |
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| 66 | 64 | | by Subsection (b). The attorney general may also file a petition |
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| 67 | 65 | | for a writ of mandamus or apply for other appropriate equitable |
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| 68 | 66 | | relief. A suit or petition under this subsection may be filed in a |
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| 69 | 67 | | district court in Travis County or in a county in which the |
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| 70 | 68 | | principal office of the state agency or political subdivision is |
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| 71 | 69 | | located. The attorney general may recover reasonable expenses |
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| 72 | 70 | | incurred in obtaining relief under this subsection, including court |
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| 73 | 71 | | costs, reasonable attorney's fees, investigative costs, witness |
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| 74 | 72 | | fees, and deposition costs. |
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| 75 | 73 | | (h) Sovereign immunity to suit is waived and abolished to |
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| 76 | 74 | | the extent of liability created by this section. |
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| 77 | 75 | | SECTION 2. Section 46.035(c), Penal Code, is amended to |
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| 78 | 76 | | read as follows: |
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| 79 | 77 | | (c) A license holder commits an offense if the license |
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| 80 | 78 | | holder intentionally, knowingly, or recklessly carries a handgun |
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| 81 | 79 | | under the authority of Subchapter H, Chapter 411, Government Code, |
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| 82 | 80 | | regardless of whether the handgun is concealed, in the room or rooms |
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| 83 | 81 | | where a [at any] meeting of a governmental entity is held and if the |
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| 84 | 82 | | meeting is an open meeting subject to Chapter 551, Government Code, |
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| 85 | 83 | | and the entity provided notice as required by that chapter. |
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| 86 | 84 | | SECTION 3. The change in law made by this Act in amending |
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| 87 | 85 | | Section 46.035(c), Penal Code, applies only to an offense committed |
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| 88 | 86 | | on or after the effective date of this Act. An offense committed |
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| 89 | 87 | | before the effective date of this Act is governed by the law in |
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| 90 | 88 | | effect on the date the offense was committed, and the former law is |
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| 91 | 89 | | continued in effect for that purpose. For purposes of this section, |
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| 92 | 90 | | an offense was committed before the effective date of this Act if |
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| 93 | 91 | | any element of the offense occurred before that date. |
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| 94 | 92 | | SECTION 4. This Act takes effect September 1, 2015. |
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