85R4113 LHC-F
By: Nevárez H.B. No. 899
A BILL TO BE ENTITLED
AN ACT
relating to the notice given by a property owner prohibiting a
handgun license holder from carrying a handgun on certain property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06(c)(3), Penal Code, is amended to
read as follows:
(3) "Written communication" means a sign posted in
accordance with rules adopted by the public safety director of the
Department of Public Safety under Subsection (c-1) [:
[(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by license holder with a concealed handgun), a
person licensed under Subchapter H, Chapter 411, Government Code
(handgun licensing law), may not enter this property with a
concealed handgun"; or
[(B) a sign posted on the property that:
[(i) includes the language described by
Paragraph (A) in both English and Spanish;
[(ii) appears in contrasting colors with
block letters at least one inch in height; and
[(iii) is displayed in a conspicuous manner
clearly visible to the public].
SECTION 2. Section 30.06, Penal Code, is amended by adding
Subsections (c-1) and (c-2) to read as follows:
(c-1) The public safety director of the Department of Public
Safety shall adopt rules regarding the content, size, and other
characteristics of signs to be posted on a building or other
property where the property owner seeks to prohibit a license
holder from carrying a concealed handgun. The rules must require
the sign to:
(1) contain a pictogram that shows, on a white
background, a handgun drawn in black ink within a red circle and a
diagonal red line across the handgun;
(2) contain language that includes the following:
"Section 30.06, Penal Code (trespass by license holder with a
concealed handgun)";
(3) be a readable and conspicuous size but not larger
than 8.5 inches by 11 inches;
(4) be posted at each exterior entrance that is open to
the public;
(5) be posted in a conspicuous manner clearly visible
to the public;
(6) not be obstructed or altered in any way; and
(7) be immediately replaced by the property owner if
the sign becomes illegible.
(c-2) The Department of Public Safety shall make available
on the department's Internet website a printable electronic copy of
a sign that complies with the rules adopted under Subsection (c-1).
SECTION 3. Section 30.07(c)(3), Penal Code, is amended to
read as follows:
(3) "Written communication" means a sign posted in
accordance with rules adopted by the public safety director of the
Department of Public Safety under Subsection (c-1) [:
[(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law), may not enter this
property with a handgun that is carried openly"; or
[(B) a sign posted on the property that:
[(i) includes the language described by
Paragraph (A) in both English and Spanish;
[(ii) appears in contrasting colors with
block letters at least one inch in height; and
[(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property].
SECTION 4. Section 30.07, Penal Code, is amended by adding
Subsections (c-1) and (c-2) to read as follows:
(c-1) The public safety director of the Department of Public
Safety shall adopt rules regarding the content, size, and other
characteristics of signs to be posted on a building or other
property where the property owner seeks to prohibit a license
holder from openly carrying a handgun. The rules must require the
sign to:
(1) contain a pictogram that shows, on a white
background, a handgun drawn in black ink within a red circle and a
diagonal red line across the handgun;
(2) contain language that includes the following:
"Section 30.07, Penal Code (trespass by license holder with an
openly carried handgun)";
(3) be a readable and conspicuous size but not larger
than 8.5 inches by 11 inches;
(4) be posted at each exterior entrance that is open to
the public;
(5) be posted in a conspicuous manner clearly visible
to the public;
(6) not be obstructed or altered in any way; and
(7) be immediately replaced by the property owner if
the sign becomes illegible.
(c-2) The Department of Public Safety shall make available
on the department's Internet website a printable electronic copy of
a sign that complies with the rules adopted under Subsection (c-1).
SECTION 5. The public safety director of the Department of
Public Safety shall adopt the rules prescribing the content, size,
and other characteristics of the sign described by Sections
30.06(c-1) and 30.07(c-1), Penal Code, as added by this Act, and,
not later than December 1, 2017, make a printable electronic copy of
the sign available on the department's Internet website as required
by Sections 30.06(c-2) and 30.07(c-2), Penal Code, as added by this
Act.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after January 1, 2018. An offense
committed before January 1, 2018, is governed by the law in effect
on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before January 1, 2018, if any element of
the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2017.