1 | 1 | | 85R2528 AJZ-F |
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2 | 2 | | By: Anchia H.B. No. 234 |
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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 wrongful exclusion of handgun license holders from |
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8 | 8 | | property owned by or leased to a governmental entity and to certain |
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9 | 9 | | offenses relating to the carrying of handguns on that 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. The heading to Section 411.209, Government Code, |
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12 | 12 | | is amended to read as follows: |
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13 | 13 | | Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN |
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14 | 14 | | LICENSE HOLDER. |
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15 | 15 | | SECTION 2. Sections 411.209(a) and (d), Government Code, |
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16 | 16 | | are amended to read as follows: |
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17 | 17 | | (a) A state agency or a political subdivision of the state |
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18 | 18 | | may not provide notice by a communication described by Section |
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19 | 19 | | 30.06 or 30.07, Penal Code, or by any sign expressly referring to |
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20 | 20 | | either of those provisions [that law] or to a [concealed handgun] |
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21 | 21 | | license to carry a handgun, that a license holder carrying a handgun |
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22 | 22 | | under the authority of this subchapter is prohibited from entering |
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23 | 23 | | or remaining on a premises or other place owned and occupied by the |
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24 | 24 | | governmental entity or leased to and occupied by the governmental |
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25 | 25 | | entity unless license holders are prohibited from carrying a |
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26 | 26 | | handgun on the premises or other place by Section 46.03 or 46.035, |
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27 | 27 | | Penal Code. |
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28 | 28 | | (d) A resident [citizen] of this state or a person licensed |
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29 | 29 | | to carry a [concealed] handgun under this subchapter may file a |
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30 | 30 | | complaint with the attorney general that a state agency or |
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31 | 31 | | political subdivision is in violation of Subsection (a) if the |
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32 | 32 | | resident [citizen] or person provides the agency or subdivision a |
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33 | 33 | | written notice that describes the violation and specific location |
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34 | 34 | | of the sign found to be in violation and the agency or subdivision |
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35 | 35 | | does not cure the violation before the end of the third business day |
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36 | 36 | | after the date of receiving the written notice. A complaint filed |
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37 | 37 | | under this subsection must include evidence of the violation and a |
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38 | 38 | | copy of the written notice. |
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39 | 39 | | SECTION 3. Section 30.06(e), Penal Code, is amended to read |
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40 | 40 | | as follows: |
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41 | 41 | | (e) It is an exception to the application of this section |
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42 | 42 | | that the property on which the license holder carries a handgun: |
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43 | 43 | | (1) is owned and occupied [or leased] by a |
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44 | 44 | | governmental entity or leased to and occupied by a governmental |
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45 | 45 | | entity; and |
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46 | 46 | | (2) is not a premises or other place on which the |
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47 | 47 | | license holder is prohibited from carrying the handgun under |
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48 | 48 | | Section 46.03 or 46.035. |
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49 | 49 | | SECTION 4. Section 30.07(e), Penal Code, is amended to read |
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50 | 50 | | as follows: |
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51 | 51 | | (e) It is an exception to the application of this section |
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52 | 52 | | that the property on which the license holder openly carries the |
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53 | 53 | | handgun: |
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54 | 54 | | (1) is owned and occupied [or leased] by a |
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55 | 55 | | governmental entity or leased to and occupied by a governmental |
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56 | 56 | | entity; and |
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57 | 57 | | (2) is not a premises or other place on which the |
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58 | 58 | | license holder is prohibited from carrying the handgun under |
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59 | 59 | | Section 46.03 or 46.035. |
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60 | 60 | | SECTION 5. The change in law made by this Act applies only |
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61 | 61 | | to conduct that occurs on or after the effective date of this Act. |
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62 | 62 | | SECTION 6. This Act takes effect September 1, 2017. |
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