Texas 2017 - 85th Regular

Texas House Bill HB375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2553 TYPED
2	2	By: Stickland H.B. No. 375
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing for the carrying of handguns without a
8	8	license and to related offenses and penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Texas
11	11	Constitutional Carry Act of 2017.
12	12	SECTION 2. Section 46.02, Penal Code, is amended by
13	13	amending Subsection (a) to read as follows:
14	14	(a) A person commits an offense if the person intentionally,
15	15	knowingly, or recklessly carries on or about his or her person an
16	16	[handgun,] illegal knife[,] or club if the person is not:
17	17	(1) on the person's own premises or premises under the
18	18	person's control; or
19	19	(2) inside of or directly en route to a motor vehicle
20	20	or watercraft that is owned by the person or under the person's
21	21	control.
22	22	SECTION 3. Section 46.03, Penal Code, is amended by
23	23	amending Subsections (e-1) and (e-2) to read as follows:
24	24	(e-1) It is a defense to prosecution under Subsection (a)(5)
25	25	that the actor:
26	26	(1) possessed, at the screening checkpoint for the
27	27	secured area, a concealed handgun that the actor was not otherwise
28	28	prohibited by law from possessing [licensed to carry under
29	29	Subchapter H, Chapter 411, Government Code]; and
30	30	(2) exited the screening checkpoint for the secured
31	31	area immediately upon completion of the required screening
32	32	processes and notification that the actor possessed the handgun.
33	33	(e-2) A peace officer investigating conduct that may
34	34	constitute an offense under Subsection (a)(5) and that consists
35	35	only of an actor's possession of a concealed handgun that the actor
36	36	was not otherwise prohibited by law from possessing [is licensed to
37	37	carry under Subchapter H, Chapter 411, Government Code], may not
38	38	arrest the actor for the offense unless:
39	39	(1) the officer advises the actor of the defense
40	40	available under Subsection (e-1) and gives the actor an opportunity
41	41	to exit the screening checkpoint for the secured area; and
42	42	(2) the actor does not immediately exit the checkpoint
43	43	upon completion of the required screening processes.
44	44	SECTION 4. The heading to Section 46.035, Penal Code, is
45	45	amended to read as follows:
46	46	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
47	47	HOLDER].
48	48	SECTION 5. Section 46.035, Penal Code, is amended by
49	49	amending Subsections (a), (a-1), (a-2), (a-3), (b), and (f) to read
50	50	as follows:
51	51	(a) A person [license holder] commits an offense if the
52	52	person [license holder] carries a handgun on or about his or her
53	53	[the license holder's] person [under the authority of Subchapter H,
54	54	Chapter 411, Government Code,] and intentionally displays the
55	55	handgun in plain view of another person in a public place, unless [.
56	56	It is an exception to the application of this subsection that] the
57	57	handgun [was partially or wholly visible but was] is carried in a
58	58	shoulder or belt holster [by the license holder].
59	59	(a-1) Notwithstanding Subsection (a), a person [license
60	60	holder] commits an offense if the person [license holder] carries a
61	61	partially or wholly visible handgun, regardless of whether the
62	62	handgun is holstered, on or about his or her [the license holder's]
63	63	person [under the authority of Subchapter H, Chapter 411,
64	64	Government Code], and intentionally or knowingly displays the
65	65	handgun in plain view of another person:
66	66	(1) on the premises of an institution of higher
67	67	education or private or independent institution of higher
68	68	education; or
69	69	(2) on any public or private driveway, street,
70	70	sidewalk or walkway, parking lot, parking garage, or other parking
71	71	area of an institution of higher education or private or
72	72	independent institution of higher education.
73	73	(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
74	74	person [license holder] commits an offense if the person [license
75	75	holder] carries a handgun on the campus of a private or independent
76	76	institution of higher education in this state that has established
77	77	rules, regulations, or other provisions prohibiting persons
78	78	[license holders] from carrying handguns pursuant to Section
79	79	411.2031(e), Government Code, or on the grounds or building on
80	80	which an activity sponsored by such an institution is being
81	81	conducted, or in a passenger transportation vehicle of such an
82	82	institution, regardless of whether the handgun is concealed,
83	83	provided the institution gives effective notice under Section
84	84	30.06.
85	85	(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a
86	86	person [license holder] commits an offense if the person [license
87	87	holder] intentionally carries a concealed handgun on a portion of a
88	88	premises located on the campus of an institution of higher
89	89	education in this state on which the carrying of a concealed handgun
90	90	is prohibited by rules, regulations, or other provisions
91	91	established under Section 411.2031(d-1), Government Code, provided
92	92	the institution gives effective notice under Section 30.06 with
93	93	respect to that portion.
94	94	(b) A person [license holder] commits an offense if the
95	95	person [the license holder] intentionally, knowingly, or
96	96	recklessly carries a handgun [under the authority of Subchapter H,
97	97	Chapter 411, Government Code, regardless of whether the handgun is
98	98	concealed or carried in a shoulder or belt holster,] on or about his
99	99	or her [the license holder's] person:
100	100	(1) on the premises of a business that has a permit or
101	101	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
102	102	Beverage Code, if the business derives 51 percent or more of its
103	103	income from the sale or service of alcoholic beverages for
104	104	on-premises consumption, as determined by the Texas Alcoholic
105	105	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
106	106	(2) on the premises where a high school, collegiate,
107	107	or professional sporting event or interscholastic event is taking
108	108	place, unless the person [license holder] is a participant in the
109	109	event and a handgun is used in the event;
110	110	(3) on the premises of a correctional facility;
111	111	(4) on the premises of a hospital licensed under
112	112	Chapter 241, Health and Safety Code, or on the premises of a nursing
113	113	facility licensed under Chapter 242, Health and Safety Code, unless
114	114	the person [license holder] has written authorization of the
115	115	hospital or nursing facility administration, as appropriate;
116	116	(5) in an amusement park; [or]
117	117	(6) on the premises of a church, synagogue, or other
118	118	established place of religious worship;[.]
119	119	(7) in the room or rooms where a meeting of a
120	120	governmental entity is held, if the meeting is an open meeting
121	121	subject to Chapter 551, Government Code, and the entity provided
122	122	notice as required by that chapter;
123	123	(8) while intoxicated;
124	124	(9) while engaged in criminal activity, other than a
125	125	Class C misdemeanor; or
126	126	(10) while otherwise prohibited by law from possessing
127	127	a firearm.
128	128	(f) In this section:
129	129	(1) "Amusement park" means a permanent indoor or
130	130	outdoor facility or park where amusement rides are available for
131	131	use by the public that is located in a county with a population of
132	132	more than one million, encompasses at least 75 acres in surface
133	133	area, is enclosed with access only through controlled entries, is
134	134	open for operation more than 120 days in each calendar year, and has
135	135	security guards on the premises at all times. The term does not
136	136	include any public or private driveway, street, sidewalk or
137	137	walkway, parking lot, parking garage, or other parking area.
138	138	(1-a) "Institution of higher education" and "private
139	139	or independent institution of higher education" have the meanings
140	140	assigned by Section 61.003, Education Code.
141	141	(2) "Intoxicated" has the meaning assigned by Section
142	142	49.01 ["License holder" means a person licensed to carry a handgun
143	143	under Subchapter H, Chapter 411, Government Code].
144	144	(3) "Premises" means a building or a portion of a
145	145	building. The term does not include any public or private driveway,
146	146	street, sidewalk or walkway, parking lot, parking garage, or other
147	147	parking area.
148	148	SECTION 6. Section 46.035(h-1), Penal Code, as added by
149	149	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
150	150	Session, 2007, is reenacted and amended to read as follows:
151	151	(h-1) It is a defense to prosecution under Subsections
152	152	(b)(1)-(7) [(b) and (c)] that the actor, at the time of the
153	153	commission of the offense, was:
154	154	(1) an active judicial officer, as defined by Section
155	155	411.201, Government Code; [or]
156	156	(2) a bailiff designated by the active judicial
157	157	officer and engaged in escorting the officer[.];
158	158	(3) a judge or justice of a federal court; or
159	159	(4) a district attorney, assistant district attorney,
160	160	criminal district attorney, assistant criminal district attorney,
161	161	county attorney, or assistant county attorney.
162	162	SECTION 7. Section 46.035(i), Penal Code, is amended to
163	163	read as follows:
164	164	(i) Subsections (b)(4)-(7) [(b)(4), (b)(5), (b)(6), and
165	165	(c)] do not apply if the actor was not given effective notice under
166	166	Section 30.06 or 30.07.
167	167	SECTION 8. Section 46.15(a), Penal Code, is amended to read
168	168	as follows:
169	169	(a) Sections 46.02, and 46.03, and 46.035(b)(1)-(7) do not
170	170	apply to:
171	171	(1) peace officers or special investigators under
172	172	Article 2.122, Code of Criminal Procedure, and neither section
173	173	prohibits a peace officer or special investigator from carrying a
174	174	weapon in this state, including in an establishment in this state
175	175	serving the public, regardless of whether the peace officer or
176	176	special investigator is engaged in the actual discharge of the
177	177	officer's or investigator's duties while carrying the weapon;
178	178	(2) parole officers and neither section prohibits an
179	179	officer from carrying a weapon in this state if the officer is:
180	180	(A) engaged in the actual discharge of the
181	181	officer's duties while carrying the weapon; and
182	182	(B) in compliance with policies and procedures
183	183	adopted by the Texas Department of Criminal Justice regarding the
184	184	possession of a weapon by an officer while on duty;
185	185	(3) community supervision and corrections department
186	186	officers appointed or employed under Section 76.004, Government
187	187	Code, and neither section prohibits an officer from carrying a
188	188	weapon in this state if the officer is:
189	189	(A) engaged in the actual discharge of the
190	190	officer's duties while carrying the weapon; and
191	191	(B) authorized to carry a weapon under Section
192	192	76.0051, Government Code;
193	193	(4) an active judicial officer as defined by Section
194	194	411.201, Government Code, who is licensed to carry a handgun under
195	195	Subchapter H, Chapter 411, Government Code;
196	196	(5) an honorably retired peace officer, qualified
197	197	retired law enforcement officer, federal criminal investigator, or
198	198	former reserve law enforcement officer who holds a certificate of
199	199	proficiency issued under Section 1701.357, Occupations Code, and is
200	200	carrying a photo identification that is issued by a federal, state,
201	201	or local law enforcement agency, as applicable, and that verifies
202	202	that the officer is:
203	203	(A) an honorably retired peace officer;
204	204	(B) a qualified retired law enforcement officer;
205	205	(C) a federal criminal investigator; or
206	206	(D) a former reserve law enforcement officer who
207	207	has served in that capacity not less than a total of 15 years with
208	208	one or more state or local law enforcement agencies;
209	209	(6) a district attorney, criminal district attorney,
210	210	county attorney, or municipal attorney who is licensed to carry a
211	211	handgun under Subchapter H, Chapter 411, Government Code;
212	212	(7) an assistant district attorney, assistant
213	213	criminal district attorney, or assistant county attorney who is
214	214	licensed to carry a handgun under Subchapter H, Chapter 411,
215	215	Government Code;
216	216	(8) a bailiff designated by an active judicial officer
217	217	as defined by Section 411.201, Government Code, who is:
218	218	(A) licensed to carry a handgun under Subchapter
219	219	H, Chapter 411, Government Code; and
220	220	(B) engaged in escorting the judicial officer; or
221	221	(9) a juvenile probation officer who is authorized to
222	222	carry a firearm under Section 142.006, Human Resources Code.
223	223	SECTION 9. Section 46.15, Penal Code, is amended by adding
224	224	Subsection (k) to read as follows:
225	225	(k) Notwithstanding any other law to the contrary, a person
226	226	who is not otherwise prohibited by law from possessing a firearm
227	227	shall not be required to obtain any license to carry a handgun as a
228	228	condition for carrying a handgun.
229	229	SECTION 10. Section 229.001(b), Local Government Code, is
230	230	amended to read as follows:
231	231	(b) Subsection (a) does not affect the authority a
232	232	municipality has under another law to:
233	233	(1) require residents or public employees to be armed
234	234	for personal or national defense, law enforcement, or another
235	235	lawful purpose;
236	236	(2) regulate the discharge of firearms or air guns
237	237	within the limits of the municipality, other than at a sport
238	238	shooting range;
239	239	(3) regulate the use of property, the location of a
240	240	business, or uses at a business under the municipality's fire code,
241	241	zoning ordinance, or land-use regulations as long as the code,
242	242	ordinance, or regulations are not used to circumvent the intent of
243	243	Subsection (a) or Subdivision (5) of this subsection;
244	244	(4) regulate the use of firearms, air guns, or knives
245	245	in the case of an insurrection, riot, or natural disaster if the
246	246	municipality finds the regulations necessary to protect public
247	247	health and safety;
248	248	(5) regulate the storage or transportation of
249	249	explosives to protect public health and safety, except that 25
250	250	pounds or less of black powder for each private residence and 50
251	251	pounds or less of black powder for each retail dealer are not
252	252	subject to regulation;
253	253	(6) regulate the carrying of a firearm or air gun by a
254	254	person other than a person licensed to carry a concealed handgun
255	255	under Subchapter H, Chapter 411, Government Code, at a:
256	256	(A) [public park;
257	257	[(B)] public meeting of a municipality, county,
258	258	or other governmental body; or
259	259	[(C) political rally, parade, or official
260	260	political meeting; or
261	261	(B) [(D)] nonfirearms-related school, college,
262	262	or professional athletic event;
263	263	(7) regulate the hours of operation of a sport
264	264	shooting range, except that the hours of operation may not be more
265	265	limited than the least limited hours of operation of any other
266	266	business in the municipality other than a business permitted or
267	267	licensed to sell or serve alcoholic beverages for on-premises
268	268	consumption; or
269	269	(8) regulate the carrying of an air gun by a minor on:
270	270	(A) public property; or
271	271	(B) private property without consent of the
272	272	property owner.
273	273	SECTION 11. Section 411.2031, Government Code, is amended
274	274	to read as follows:
275	275	Sec. 411.2031. CARRYING OF HANDGUNS [BY LICENSE HOLDERS] ON
276	276	CERTAIN CAMPUSES. (a) For purposes of this section:
277	277	(1) "Campus" means all land and buildings owned or
278	278	leased by an institution of higher education or private or
279	279	independent institution of higher education.
280	280	(2) "Institution of higher education" and "private or
281	281	independent institution of higher education" have the meanings
282	282	assigned by Section 61.003, Education Code.
283	283	(3) "Premises" has the meaning assigned by Section
284	284	46.035, Penal Code.
285	285	(b) A person [license holder] may carry a concealed handgun
286	286	on or about his or her [the license holder's] person while the
287	287	person [license holder] is on the campus of an institution of higher
288	288	education or private or independent institution of higher education
289	289	in this state.
290	290	(c) Except as provided by Subsection (d), (d-1), or (e), an
291	291	institution of higher education or private or independent
292	292	institution of higher education in this state may not adopt any
293	293	rule, regulation, or other provision prohibiting persons [license
294	294	holders] from carrying handguns on the campus of the institution.
295	295	(d) An institution of higher education or private or
296	296	independent institution of higher education in this state may
297	297	establish rules, regulations, or other provisions concerning the
298	298	storage of handguns in dormitories or other residential facilities
299	299	that are owned or leased and operated by the institution and located
300	300	on the campus of the institution.
301	301	(d-1) After consulting with students, staff, and faculty of
302	302	the institution regarding the nature of the student population,
303	303	specific safety considerations, and the uniqueness of the campus
304	304	environment, the president or other chief executive officer of an
305	305	institution of higher education in this state shall establish
306	306	reasonable rules, regulations, or other provisions regarding the
307	307	carrying of concealed handguns by persons [license holders] on the
308	308	campus of the institution or on premises located on the campus of
309	309	the institution. The president or officer may not establish
310	310	provisions that generally prohibit or have the effect of generally
311	311	prohibiting persons [license holders] from carrying concealed
312	312	handguns on the campus of the institution. The president or officer
313	313	may amend the provisions as necessary for campus safety. The
314	314	provisions take effect as determined by the president or officer
315	315	unless subsequently amended by the board of regents or other
316	316	governing board under Subsection (d-2). The institution must give
317	317	effective notice under Section 30.06, Penal Code, with respect to
318	318	any portion of a premises on which persons [license holders] may not
319	319	carry.
320	320	(d-2) Not later than the 90th day after the date that the
321	321	rules, regulations, or other provisions are established as
322	322	described by Subsection (d-1), the board of regents or other
323	323	governing board of the institution of higher education shall review
324	324	the provisions. The board of regents or other governing board may,
325	325	by a vote of not less than two-thirds of the board, amend wholly or
326	326	partly the provisions established under Subsection (d-1). If
327	327	amended under this subsection, the provisions are considered to be
328	328	those of the institution as established under Subsection (d-1).
329	329	(d-3) An institution of higher education shall widely
330	330	distribute the rules, regulations, or other provisions described by
331	331	Subsection (d-1) to the institution's students, staff, and faculty,
332	332	including by prominently publishing the provisions on the
333	333	institution's Internet website.
334	334	(d-4) Not later than September 1 of each even-numbered year,
335	335	each institution of higher education in this state shall submit a
336	336	report to the legislature and to the standing committees of the
337	337	legislature with jurisdiction over the implementation and
338	338	continuation of this section that:
339	339	(1) describes its rules, regulations, or other
340	340	provisions regarding the carrying of concealed handguns on the
341	341	campus of the institution; and
342	342	(2) explains the reasons the institution has
343	343	established those provisions.
344	344	(e) A private or independent institution of higher
345	345	education in this state, after consulting with students, staff, and
346	346	faculty of the institution, may establish rules, regulations, or
347	347	other provisions prohibiting persons [license holders] from
348	348	carrying handguns on the campus of the institution, any grounds or
349	349	building on which an activity sponsored by the institution is being
350	350	conducted, or a passenger transportation vehicle owned by the
351	351	institution.
352	352	SECTION 12. Section 411.2032, Government Code, is amended
353	353	to read as follows:
354	354	Sec. 411.2032. TRANSPORTATION AND STORAGE OF FIREARMS AND
355	355	AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON CERTAIN
356	356	CAMPUSES. (a) For purposes of this section:
357	357	(1) "Campus" means all land and buildings owned or
358	358	leased by an institution of higher education or private or
359	359	independent institution of higher education.
360	360	(2) "Institution of higher education" and "private or
361	361	independent institution of higher education" have the meanings
362	362	assigned by Section 61.003, Education Code.
363	363	(b) An institution of higher education or private or
364	364	independent institution of higher education in this state may not
365	365	adopt or enforce any rule, regulation, or other provision or take
366	366	any other action, including posting notice under Section 30.06 or
367	367	30.07, Penal Code, prohibiting or placing restrictions on the
368	368	storage or transportation of a firearm or ammunition in a locked,
369	369	privately owned or leased motor vehicle by a person, including a
370	370	student enrolled at that institution, who [holds a license to carry
371	371	a handgun under this subchapter and] lawfully possesses the firearm
372	372	or ammunition:
373	373	(1) on a street or driveway located on the campus of
374	374	the institution; or
375	375	(2) in a parking lot, parking garage, or other parking
376	376	area located on the campus of the institution.
377	377	SECTION 13. Section 411.207, Government Code, is amended by
378	378	amending Subsections (a)-(c) to read as follows:
379	379	(a) A peace officer who is acting in the lawful discharge of
380	380	the officer's official duties may disarm a person [license holder]
381	381	at any time the officer reasonably believes it is necessary for the
382	382	protection of the person [license holder], officer, or another
383	383	individual. The peace officer shall return the handgun to the
384	384	person [license holder] before discharging the person [license
385	385	holder] from the scene if the officer determines that the person
386	386	[license holder] is not a threat to himself or herself, the officer,
387	387	[license holder,] or another individual and if the person [license
388	388	holder] has not [violated any provision of this subchapter or]
389	389	committed any other violation that results in the arrest of the
390	390	person [license holder]. The mere possession or carrying of a
391	391	handgun, openly or concealed, with or without a license issued
392	392	under this subchapter, shall not constitute reasonable belief for a
393	393	peace officer to disarm or detain an otherwise law-abiding person.
394	394	(b) A peace officer who is acting in the lawful discharge of
395	395	the officer's official duties may temporarily disarm a person
396	396	[license holder] when a person [license holder] enters a nonpublic,
397	397	secure portion of a law enforcement facility, if the law
398	398	enforcement agency provides a gun locker where the peace officer
399	399	can secure the person's [license holder's] handgun. The peace
400	400	officer shall secure the handgun in the locker and shall return the
401	401	handgun to the person [license holder] immediately after the person
402	402	[license holder] leaves the nonpublic, secure portion of the law
403	403	enforcement facility.
404	404	(c) A law enforcement facility shall prominently display at
405	405	each entrance to a nonpublic, secure portion of the facility a sign
406	406	that gives notice in both English and Spanish that, under this
407	407	section, a peace officer may temporarily disarm a person [license
408	408	holder] when the person [license holder] enters the nonpublic,
409	409	secure portion of the facility. The sign must appear in contrasting
410	410	colors with block letters at least one inch in height. The sign
411	411	shall be displayed in a clearly visible and conspicuous manner.
412	412	SECTION 14. Section 30.05(f), Penal Code, is amended to
413	413	read as follows:
414	414	(f) It is a defense to prosecution under this section that[:
415	415	[(1)] the basis on which entry on the property or land
416	416	or in the building was forbidden is that entry with a handgun was
417	417	forbidden[; and
418	418	[(2) the person was carrying a concealed handgun and a
419	419	license issued under Subchapter H, Chapter 411, Government Code, to
420	420	carry a concealed handgun].
421	421	SECTION 15. Section 30.06, Penal Code, is amended to read as
422	422	follows:
423	423	Sec. 30.06. TRESPASS BY PERSON IN POSSESSION OF A [LICENSE
424	424	HOLDER WITH A] CONCEALED HANDGUN. (a) A person [license holder]
425	425	commits an offense if the person [license holder]:
426	426	(1) carries a concealed handgun [under the authority
427	427	of Subchapter H, Chapter 411, Government Code,] on property of
428	428	another without effective consent; and
429	429	(2) received notice that entry on the property by a
430	430	person [license holder] with a concealed handgun was forbidden.
431	431	(b) For purposes of this section, a person receives notice
432	432	if the owner of the property or someone with apparent authority to
433	433	act for the owner provides notice to the person by oral or written
434	434	communication.
435	435	(c) In this section:
436	436	(1) "Entry" has the meaning assigned by Section
437	437	30.05(b).
438	438	(2) ["License holder" has the meaning assigned by
439	439	Section 46.035(f).
440	440	[(3)] "Written communication" means:
441	441	(A) a card or other document on which is written
442	442	language identical to the following: "Pursuant to Section 30.06,
443	443	Penal Code (trespass by person in possession of [license holder
444	444	with] a concealed handgun), a person [licensed under Subchapter H,
445	445	Chapter 411, Government Code (handgun licensing law),] may not
446	446	enter this property while in possession of [with] a concealed
447	447	handgun"; or
448	448	(B) a sign posted on the property that:
449	449	(i) includes the language described by
450	450	Paragraph (A) in both English and Spanish;
451	451	(ii) appears in contrasting colors with
452	452	block letters at least one inch in height; and
453	453	(iii) is displayed in a conspicuous manner
454	454	clearly visible to the public.
455	455	(d) An offense under this section is a Class C misdemeanor
456	456	punishable by a fine not to exceed $200, except that the offense is
457	457	a Class A misdemeanor if it is shown on the trial of the offense
458	458	that, after entering the property, the person [license holder] was
459	459	personally given the notice by oral communication described by
460	460	Subsection (b) and subsequently failed to depart.
461	461	(e) It is an exception to the application of this section
462	462	that the property on which the person [license holder] carries a
463	463	handgun is owned or leased by a governmental entity and is not a
464	464	premises or other place on which the person [license holder] is
465	465	prohibited from carrying the handgun under Section 46.03 or 46.035.
466	466	SECTION 16. Section 30.07, Penal Code, is amended to read as
467	467	follows:
468	468	Sec. 30.07. TRESPASS BY PERSON IN POSSESSION OF [LICENSE
469	469	HOLDER WITH] AN OPENLY CARRIED HANDGUN. (a) A person [license
470	470	holder] commits an offense if the person [license holder]:
471	471	(1) openly carries a handgun [under the authority of
472	472	Subchapter H, Chapter 411, Government Code,] on property of another
473	473	without effective consent; and
474	474	(2) received notice that entry on the property by a
475	475	person [license holder] openly carrying a handgun was forbidden.
476	476	(b) For purposes of this section, a person receives notice
477	477	if the owner of the property or someone with apparent authority to
478	478	act for the owner provides notice to the person by oral or written
479	479	communication.
480	480	(c) In this section:
481	481	(1) "Entry" has the meaning assigned by Section
482	482	30.05(b).
483	483	(2) ["License holder" has the meaning assigned by
484	484	Section 46.035(f).
485	485	[(3)] "Written communication" means:
486	486	(A) a card or other document on which is written
487	487	language identical to the following: "Pursuant to Section 30.07,
488	488	Penal Code (trespass by person in possession of [license holder
489	489	with] an openly carried handgun), a person [licensed under
490	490	Subchapter H, Chapter 411, Government Code (handgun licensing
491	491	law),] may not enter this property with a handgun that is carried
492	492	openly"; or
493	493	(B) a sign posted on the property that:
494	494	(i) includes the language described by
495	495	Paragraph (A) in both English and Spanish;
496	496	(ii) appears in contrasting colors with
497	497	block letters at least one inch in height; and
498	498	(iii) is displayed in a conspicuous manner
499	499	clearly visible to the public at each entrance to the property.
500	500	(d) An offense under this section is a Class C misdemeanor
501	501	punishable by a fine not to exceed $200, except that the offense is
502	502	a Class A misdemeanor if it is shown on the trial of the offense
503	503	that, after entering the property, the person [license holder] was
504	504	personally given the notice by oral communication described by
505	505	Subsection (b) and subsequently failed to depart.
506	506	(e) It is an exception to the application of this section
507	507	that the property on which the person [license holder] openly
508	508	carries the handgun is owned or leased by a governmental entity and
509	509	is not a premises or other place on which the person [license
510	510	holder] is prohibited from carrying the handgun under Section 46.03
511	511	or 46.035.
512	512	(f) It is not a defense to prosecution under this section
513	513	that the handgun was carried in a shoulder or belt holster.
514	514	SECTION 17. The following provisions are repealed:
515	515	(1) Section 411.205, Government Code;
516	516	(2) Section 46.02(a-1), Penal Code;
517	517	(3) Section 46.03(f), Penal Code;
518	518	(4) Sections 46.035 (c) and (d), Penal Code; and
519	519	(5) Section 46.035(h-1), Penal Code, as added by
520	520	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
521	521	Session, 2007.
522	522	SECTION 18. This Act takes effect immediately if it
523	523	receives a vote of two-thirds of all the members elected to each
524	524	house, as provided by Section 39, Article III, Texas Constitution.
525	525	If this Act does not receive the vote necessary for immediate
526	526	effect, this Act takes effect on the 91st day after the last day of
527	527	the legislative session.