1 | 1 | | 85R4113 LHC-F |
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2 | 2 | | By: Nevárez H.B. No. 899 |
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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 the notice given by a property owner prohibiting a |
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8 | 8 | | handgun license holder from carrying a handgun on certain property. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 30.06(c)(3), Penal Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (3) "Written communication" means a sign posted in |
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13 | 13 | | accordance with rules adopted by the public safety director of the |
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14 | 14 | | Department of Public Safety under Subsection (c-1) [: |
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15 | 15 | | [(A) a card or other document on which is written |
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16 | 16 | | language identical to the following: "Pursuant to Section 30.06, |
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17 | 17 | | Penal Code (trespass by license holder with a concealed handgun), a |
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18 | 18 | | person licensed under Subchapter H, Chapter 411, Government Code |
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19 | 19 | | (handgun licensing law), may not enter this property with a |
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20 | 20 | | concealed handgun"; or |
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21 | 21 | | [(B) a sign posted on the property that: |
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22 | 22 | | [(i) includes the language described by |
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23 | 23 | | Paragraph (A) in both English and Spanish; |
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24 | 24 | | [(ii) appears in contrasting colors with |
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25 | 25 | | block letters at least one inch in height; and |
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26 | 26 | | [(iii) is displayed in a conspicuous manner |
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27 | 27 | | clearly visible to the public]. |
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28 | 28 | | SECTION 2. Section 30.06, Penal Code, is amended by adding |
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29 | 29 | | Subsections (c-1) and (c-2) to read as follows: |
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30 | 30 | | (c-1) The public safety director of the Department of Public |
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31 | 31 | | Safety shall adopt rules regarding the content, size, and other |
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32 | 32 | | characteristics of signs to be posted on a building or other |
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33 | 33 | | property where the property owner seeks to prohibit a license |
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34 | 34 | | holder from carrying a concealed handgun. The rules must require |
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35 | 35 | | the sign to: |
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36 | 36 | | (1) contain a pictogram that shows, on a white |
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37 | 37 | | background, a handgun drawn in black ink within a red circle and a |
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38 | 38 | | diagonal red line across the handgun; |
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39 | 39 | | (2) contain language that includes the following: |
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40 | 40 | | "Section 30.06, Penal Code (trespass by license holder with a |
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41 | 41 | | concealed handgun)"; |
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42 | 42 | | (3) be a readable and conspicuous size but not larger |
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43 | 43 | | than 8.5 inches by 11 inches; |
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44 | 44 | | (4) be posted at each exterior entrance that is open to |
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45 | 45 | | the public; |
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46 | 46 | | (5) be posted in a conspicuous manner clearly visible |
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47 | 47 | | to the public; |
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48 | 48 | | (6) not be obstructed or altered in any way; and |
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49 | 49 | | (7) be immediately replaced by the property owner if |
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50 | 50 | | the sign becomes illegible. |
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51 | 51 | | (c-2) The Department of Public Safety shall make available |
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52 | 52 | | on the department's Internet website a printable electronic copy of |
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53 | 53 | | a sign that complies with the rules adopted under Subsection (c-1). |
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54 | 54 | | SECTION 3. Section 30.07(c)(3), Penal Code, is amended to |
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55 | 55 | | read as follows: |
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56 | 56 | | (3) "Written communication" means a sign posted in |
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57 | 57 | | accordance with rules adopted by the public safety director of the |
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58 | 58 | | Department of Public Safety under Subsection (c-1) [: |
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59 | 59 | | [(A) a card or other document on which is written |
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60 | 60 | | language identical to the following: "Pursuant to Section 30.07, |
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61 | 61 | | Penal Code (trespass by license holder with an openly carried |
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62 | 62 | | handgun), a person licensed under Subchapter H, Chapter 411, |
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63 | 63 | | Government Code (handgun licensing law), may not enter this |
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64 | 64 | | property with a handgun that is carried openly"; or |
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65 | 65 | | [(B) a sign posted on the property that: |
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66 | 66 | | [(i) includes the language described by |
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67 | 67 | | Paragraph (A) in both English and Spanish; |
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68 | 68 | | [(ii) appears in contrasting colors with |
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69 | 69 | | block letters at least one inch in height; and |
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70 | 70 | | [(iii) is displayed in a conspicuous manner |
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71 | 71 | | clearly visible to the public at each entrance to the property]. |
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72 | 72 | | SECTION 4. Section 30.07, Penal Code, is amended by adding |
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73 | 73 | | Subsections (c-1) and (c-2) to read as follows: |
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74 | 74 | | (c-1) The public safety director of the Department of Public |
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75 | 75 | | Safety shall adopt rules regarding the content, size, and other |
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76 | 76 | | characteristics of signs to be posted on a building or other |
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77 | 77 | | property where the property owner seeks to prohibit a license |
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78 | 78 | | holder from openly carrying a handgun. The rules must require the |
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79 | 79 | | sign to: |
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80 | 80 | | (1) contain a pictogram that shows, on a white |
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81 | 81 | | background, a handgun drawn in black ink within a red circle and a |
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82 | 82 | | diagonal red line across the handgun; |
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83 | 83 | | (2) contain language that includes the following: |
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84 | 84 | | "Section 30.07, Penal Code (trespass by license holder with an |
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85 | 85 | | openly carried handgun)"; |
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86 | 86 | | (3) be a readable and conspicuous size but not larger |
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87 | 87 | | than 8.5 inches by 11 inches; |
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88 | 88 | | (4) be posted at each exterior entrance that is open to |
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89 | 89 | | the public; |
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90 | 90 | | (5) be posted in a conspicuous manner clearly visible |
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91 | 91 | | to the public; |
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92 | 92 | | (6) not be obstructed or altered in any way; and |
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93 | 93 | | (7) be immediately replaced by the property owner if |
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94 | 94 | | the sign becomes illegible. |
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95 | 95 | | (c-2) The Department of Public Safety shall make available |
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96 | 96 | | on the department's Internet website a printable electronic copy of |
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97 | 97 | | a sign that complies with the rules adopted under Subsection (c-1). |
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98 | 98 | | SECTION 5. The public safety director of the Department of |
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99 | 99 | | Public Safety shall adopt the rules prescribing the content, size, |
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100 | 100 | | and other characteristics of the sign described by Sections |
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101 | 101 | | 30.06(c-1) and 30.07(c-1), Penal Code, as added by this Act, and, |
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102 | 102 | | not later than December 1, 2017, make a printable electronic copy of |
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103 | 103 | | the sign available on the department's Internet website as required |
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104 | 104 | | by Sections 30.06(c-2) and 30.07(c-2), Penal Code, as added by this |
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105 | 105 | | Act. |
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106 | 106 | | SECTION 6. The change in law made by this Act applies only |
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107 | 107 | | to an offense committed on or after January 1, 2018. An offense |
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108 | 108 | | committed before January 1, 2018, is governed by the law in effect |
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109 | 109 | | on the date the offense was committed, and the former law is |
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110 | 110 | | continued in effect for that purpose. For purposes of this section, |
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111 | 111 | | an offense was committed before January 1, 2018, if any element of |
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112 | 112 | | the offense occurred before that date. |
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113 | 113 | | SECTION 7. This Act takes effect September 1, 2017. |
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