| 1 | 1 | | 85R1959 AJZ-F |
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| 2 | 2 | | By: Nichols S.B. No. 1146 |
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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 carrying of handguns by license holders on the |
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| 8 | 8 | | property of state hospitals; providing a civil penalty. |
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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. The heading to Section 411.209, Government Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN |
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| 13 | 13 | | LICENSE HOLDER. |
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| 14 | 14 | | SECTION 2. Section 411.209, Government Code, is amended by |
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| 15 | 15 | | amending Subsections (a) and (d) and adding Subsection (i) to read |
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| 16 | 16 | | as follows: |
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| 17 | 17 | | (a) Except as provided by Subsection (i), a [A] state agency |
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| 18 | 18 | | or a political subdivision of the state may not provide notice by a |
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| 19 | 19 | | communication described by Section 30.06, Penal Code, or by any |
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| 20 | 20 | | sign expressly referring to that law or to a [concealed handgun] |
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| 21 | 21 | | license to carry a handgun, that a license holder carrying a handgun |
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| 22 | 22 | | under the authority of this subchapter is prohibited from entering |
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| 23 | 23 | | or remaining on a premises or other place owned or leased by the |
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| 24 | 24 | | governmental entity unless license holders are prohibited from |
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| 25 | 25 | | carrying a handgun on the premises or other place by Section 46.03 |
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| 26 | 26 | | or 46.035, Penal Code. |
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| 27 | 27 | | (d) A resident [citizen] of this state or a person licensed |
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| 28 | 28 | | to carry a [concealed] handgun under this subchapter may file a |
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| 29 | 29 | | complaint with the attorney general that a state agency or |
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| 30 | 30 | | political subdivision is in violation of Subsection (a) if the |
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| 31 | 31 | | resident [citizen] or person provides the agency or subdivision a |
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| 32 | 32 | | written notice that describes the violation and specific location |
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| 33 | 33 | | of the sign found to be in violation and the agency or subdivision |
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| 34 | 34 | | does not cure the violation before the end of the third business day |
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| 35 | 35 | | after the date of receiving the written notice. A complaint filed |
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| 36 | 36 | | under this subsection must include evidence of the violation and a |
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| 37 | 37 | | copy of the written notice. |
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| 38 | 38 | | (i) Subsection (a) does not apply to a written notice |
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| 39 | 39 | | provided by a state hospital under Section 552.002, Health and |
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| 40 | 40 | | Safety Code. |
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| 41 | 41 | | SECTION 3. Subchapter A, Chapter 552, Health and Safety |
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| 42 | 42 | | Code, is amended by adding Section 552.002 to read as follows: |
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| 43 | 43 | | Sec. 552.002. CARRYING OF HANDGUN BY LICENSE HOLDER IN |
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| 44 | 44 | | STATE HOSPITAL. (a) In this section: |
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| 45 | 45 | | (1) "License holder" has the meaning assigned by |
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| 46 | 46 | | Section 46.035(f), Penal Code. |
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| 47 | 47 | | (2) "State hospital" means the following facilities: |
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| 48 | 48 | | (A) the Austin State Hospital; |
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| 49 | 49 | | (B) the Big Spring State Hospital; |
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| 50 | 50 | | (C) the El Paso Psychiatric Center; |
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| 51 | 51 | | (D) the Kerrville State Hospital; |
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| 52 | 52 | | (E) the North Texas State Hospital; |
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| 53 | 53 | | (F) the Rio Grande State Center; |
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| 54 | 54 | | (G) the Rusk State Hospital; |
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| 55 | 55 | | (H) the San Antonio State Hospital; |
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| 56 | 56 | | (I) the Terrell State Hospital; and |
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| 57 | 57 | | (J) the Waco Center for Youth. |
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| 58 | 58 | | (3) "Written notice" means a sign that is posted on |
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| 59 | 59 | | property and that: |
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| 60 | 60 | | (A) includes in both English and Spanish written |
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| 61 | 61 | | language identical to the following: "Pursuant to Section 552.002, |
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| 62 | 62 | | Health and Safety Code (carrying of handgun by license holder in |
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| 63 | 63 | | state hospital), a person licensed under Subchapter H, Chapter 411, |
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| 64 | 64 | | Government Code (handgun licensing law), may not enter this |
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| 65 | 65 | | property with a handgun"; |
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| 66 | 66 | | (B) appears in contrasting colors with block |
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| 67 | 67 | | letters at least one inch in height; and |
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| 68 | 68 | | (C) is displayed in a conspicuous manner clearly |
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| 69 | 69 | | visible to the public at each entrance to the property. |
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| 70 | 70 | | (b) A state hospital may prohibit a license holder from |
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| 71 | 71 | | carrying a handgun under the authority of Subchapter H, Chapter |
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| 72 | 72 | | 411, Government Code, on the property of the hospital by providing |
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| 73 | 73 | | written notice. |
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| 74 | 74 | | (c) A license holder who carries a handgun under the |
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| 75 | 75 | | authority of Subchapter H, Chapter 411, Government Code, on the |
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| 76 | 76 | | property of a state hospital at which written notice is provided is |
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| 77 | 77 | | liable for a civil penalty in the amount of: |
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| 78 | 78 | | (1) $100 for the first violation; or |
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| 79 | 79 | | (2) $500 for the second or subsequent violation. |
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| 80 | 80 | | (d) The attorney general or an appropriate prosecuting |
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| 81 | 81 | | attorney may sue to collect a civil penalty under this section. |
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| 82 | 82 | | SECTION 4. The change in law made by this Act applies only |
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| 83 | 83 | | to conduct that occurs on or after the effective date of this Act. |
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| 84 | 84 | | SECTION 5. This Act takes effect September 1, 2017. |
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