85R2528 AJZ-F
By: Anchia H.B. No. 234
A BILL TO BE ENTITLED
AN ACT
relating to wrongful exclusion of handgun license holders from
property owned by or leased to a governmental entity and to certain
offenses relating to the carrying of handguns on that property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 411.209, Government Code,
is amended to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN
LICENSE HOLDER.
SECTION 2. Sections 411.209(a) and (d), Government Code,
are amended to read as follows:
(a) A state agency or a political subdivision of the state
may not provide notice by a communication described by Section
30.06 or 30.07, Penal Code, or by any sign expressly referring to
either of those provisions [that law] or to a [concealed handgun]
license to carry a handgun, that a license holder carrying a handgun
under the authority of this subchapter is prohibited from entering
or remaining on a premises or other place owned and occupied by the
governmental entity or leased to and occupied by the governmental
entity unless license holders are prohibited from carrying a
handgun on the premises or other place by Section 46.03 or 46.035,
Penal Code.
(d) A resident [citizen] of this state or a person licensed
to carry a [concealed] handgun under this subchapter may file a
complaint with the attorney general that a state agency or
political subdivision is in violation of Subsection (a) if the
resident [citizen] or person provides the agency or subdivision a
written notice that describes the violation and specific location
of the sign found to be in violation and the agency or subdivision
does not cure the violation before the end of the third business day
after the date of receiving the written notice. A complaint filed
under this subsection must include evidence of the violation and a
copy of the written notice.
SECTION 3. Section 30.06(e), Penal Code, is amended to read
as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun:
(1) is owned and occupied [or leased] by a
governmental entity or leased to and occupied by a governmental
entity; and
(2) is not a premises or other place on which the
license holder is prohibited from carrying the handgun under
Section 46.03 or 46.035.
SECTION 4. Section 30.07(e), Penal Code, is amended to read
as follows:
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
handgun:
(1) is owned and occupied [or leased] by a
governmental entity or leased to and occupied by a governmental
entity; and
(2) is not a premises or other place on which the
license holder is prohibited from carrying the handgun under
Section 46.03 or 46.035.
SECTION 5. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2017.