Texas 2017 - 85th Regular

Texas House Bill HB899 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 85R4113 LHC-F
22 By: Nevárez H.B. No. 899
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the notice given by a property owner prohibiting a
88 handgun license holder from carrying a handgun on certain property.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 30.06(c)(3), Penal Code, is amended to
1111 read as follows:
1212 (3) "Written communication" means a sign posted in
1313 accordance with rules adopted by the public safety director of the
1414 Department of Public Safety under Subsection (c-1) [:
1515 [(A) a card or other document on which is written
1616 language identical to the following: "Pursuant to Section 30.06,
1717 Penal Code (trespass by license holder with a concealed handgun), a
1818 person licensed under Subchapter H, Chapter 411, Government Code
1919 (handgun licensing law), may not enter this property with a
2020 concealed handgun"; or
2121 [(B) a sign posted on the property that:
2222 [(i) includes the language described by
2323 Paragraph (A) in both English and Spanish;
2424 [(ii) appears in contrasting colors with
2525 block letters at least one inch in height; and
2626 [(iii) is displayed in a conspicuous manner
2727 clearly visible to the public].
2828 SECTION 2. Section 30.06, Penal Code, is amended by adding
2929 Subsections (c-1) and (c-2) to read as follows:
3030 (c-1) The public safety director of the Department of Public
3131 Safety shall adopt rules regarding the content, size, and other
3232 characteristics of signs to be posted on a building or other
3333 property where the property owner seeks to prohibit a license
3434 holder from carrying a concealed handgun. The rules must require
3535 the sign to:
3636 (1) contain a pictogram that shows, on a white
3737 background, a handgun drawn in black ink within a red circle and a
3838 diagonal red line across the handgun;
3939 (2) contain language that includes the following:
4040 "Section 30.06, Penal Code (trespass by license holder with a
4141 concealed handgun)";
4242 (3) be a readable and conspicuous size but not larger
4343 than 8.5 inches by 11 inches;
4444 (4) be posted at each exterior entrance that is open to
4545 the public;
4646 (5) be posted in a conspicuous manner clearly visible
4747 to the public;
4848 (6) not be obstructed or altered in any way; and
4949 (7) be immediately replaced by the property owner if
5050 the sign becomes illegible.
5151 (c-2) The Department of Public Safety shall make available
5252 on the department's Internet website a printable electronic copy of
5353 a sign that complies with the rules adopted under Subsection (c-1).
5454 SECTION 3. Section 30.07(c)(3), Penal Code, is amended to
5555 read as follows:
5656 (3) "Written communication" means a sign posted in
5757 accordance with rules adopted by the public safety director of the
5858 Department of Public Safety under Subsection (c-1) [:
5959 [(A) a card or other document on which is written
6060 language identical to the following: "Pursuant to Section 30.07,
6161 Penal Code (trespass by license holder with an openly carried
6262 handgun), a person licensed under Subchapter H, Chapter 411,
6363 Government Code (handgun licensing law), may not enter this
6464 property with a handgun that is carried openly"; or
6565 [(B) a sign posted on the property that:
6666 [(i) includes the language described by
6767 Paragraph (A) in both English and Spanish;
6868 [(ii) appears in contrasting colors with
6969 block letters at least one inch in height; and
7070 [(iii) is displayed in a conspicuous manner
7171 clearly visible to the public at each entrance to the property].
7272 SECTION 4. Section 30.07, Penal Code, is amended by adding
7373 Subsections (c-1) and (c-2) to read as follows:
7474 (c-1) The public safety director of the Department of Public
7575 Safety shall adopt rules regarding the content, size, and other
7676 characteristics of signs to be posted on a building or other
7777 property where the property owner seeks to prohibit a license
7878 holder from openly carrying a handgun. The rules must require the
7979 sign to:
8080 (1) contain a pictogram that shows, on a white
8181 background, a handgun drawn in black ink within a red circle and a
8282 diagonal red line across the handgun;
8383 (2) contain language that includes the following:
8484 "Section 30.07, Penal Code (trespass by license holder with an
8585 openly carried handgun)";
8686 (3) be a readable and conspicuous size but not larger
8787 than 8.5 inches by 11 inches;
8888 (4) be posted at each exterior entrance that is open to
8989 the public;
9090 (5) be posted in a conspicuous manner clearly visible
9191 to the public;
9292 (6) not be obstructed or altered in any way; and
9393 (7) be immediately replaced by the property owner if
9494 the sign becomes illegible.
9595 (c-2) The Department of Public Safety shall make available
9696 on the department's Internet website a printable electronic copy of
9797 a sign that complies with the rules adopted under Subsection (c-1).
9898 SECTION 5. The public safety director of the Department of
9999 Public Safety shall adopt the rules prescribing the content, size,
100100 and other characteristics of the sign described by Sections
101101 30.06(c-1) and 30.07(c-1), Penal Code, as added by this Act, and,
102102 not later than December 1, 2017, make a printable electronic copy of
103103 the sign available on the department's Internet website as required
104104 by Sections 30.06(c-2) and 30.07(c-2), Penal Code, as added by this
105105 Act.
106106 SECTION 6. The change in law made by this Act applies only
107107 to an offense committed on or after January 1, 2018. An offense
108108 committed before January 1, 2018, is governed by the law in effect
109109 on the date the offense was committed, and the former law is
110110 continued in effect for that purpose. For purposes of this section,
111111 an offense was committed before January 1, 2018, if any element of
112112 the offense occurred before that date.
113113 SECTION 7. This Act takes effect September 1, 2017.