Texas 2019 - 86th Regular

Texas House Bill HB1166 Compare Versions

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

Old	New	Differences
1	1	86R4858 AJZ-F
2	2	By: Anchia H.B. No. 1166
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to wrongful exclusion of handgun license holders from
8	8	certain property owned by or leased to a governmental entity and to
9	9	certain offenses relating to the carrying of handguns on that
10	10	property.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.209, Government Code, is amended by
13	13	amending Subsections (a), (d), and (f), and adding Subsection (d-1)
14	14	to read as follows:
15	15	(a) Except as provided by Subsection (i), a state agency or
16	16	a political subdivision of the state may not provide notice by a
17	17	communication described by Section 30.06 or 30.07, Penal Code, or
18	18	by any sign expressly referring to either of those provisions [that
19	19	law] or to a license to carry a handgun, that a license holder
20	20	carrying a handgun under the authority of this subchapter is
21	21	prohibited from entering or remaining on a premises or other place
22	22	owned and occupied by the governmental entity or leased to and
23	23	occupied by the governmental entity unless license holders are
24	24	prohibited from carrying a handgun on the premises or other place by
25	25	Section 46.03 or 46.035, Penal Code, or other law.
26	26	(d) A resident of this state or a person licensed to carry a
27	27	handgun under this subchapter may file a complaint with the
28	28	attorney general that a state agency or political subdivision is in
29	29	violation of Subsection (a) if the resident or license holder
30	30	[person] provides the agency or subdivision a written notice that
31	31	describes the violation [and specific location of the sign found to
32	32	be in violation] and the agency or subdivision does not cure the
33	33	violation before the end of the third business day after the date of
34	34	receiving the written notice. The written notice provided under
35	35	this subsection must include a copy of any document alleged to be in
36	36	violation or must describe the specific location of any sign found
37	37	to be in violation.
38	38	(d-1) A complaint filed with the attorney general under
39	39	Subsection (d) [this subsection] must include evidence of the
40	40	violation and a copy of the written notice provided to the agency or
41	41	subdivision.
42	42	(f) Before a suit may be brought against a state agency or a
43	43	political subdivision of the state for a violation of Subsection
44	44	(a), the attorney general must investigate the complaint to
45	45	determine whether legal action is warranted. If legal action is
46	46	warranted, the attorney general must give the chief administrative
47	47	officer of the agency or political subdivision charged with the
48	48	violation a written notice that:
49	49	(1) describes the violation and includes the
50	50	information described by Subsection (d) [specific location of the
51	51	sign found to be in violation];
52	52	(2) states the amount of the proposed penalty for the
53	53	violation; and
54	54	(3) gives the agency or political subdivision 15 days
55	55	from receipt of the notice to [remove the sign and] cure the
56	56	violation to avoid the penalty, unless the agency or political
57	57	subdivision was found liable by a court for previously violating
58	58	Subsection (a).
59	59	SECTION 2. Section 30.06(e), Penal Code, is amended to read
60	60	as follows:
61	61	(e) It is an exception to the application of this section
62	62	that the property on which the license holder carries a handgun:
63	63	(1) is owned and occupied [or leased] by a
64	64	governmental entity or leased to and occupied by a governmental
65	65	entity; and
66	66	(2) is not a premises or other place on which the
67	67	license holder is prohibited from carrying the handgun under
68	68	Section 46.03 or 46.035.
69	69	SECTION 3. Section 30.07(e), Penal Code, is amended to read
70	70	as follows:
71	71	(e) It is an exception to the application of this section
72	72	that the property on which the license holder openly carries the
73	73	handgun:
74	74	(1) is owned and occupied [or leased] by a
75	75	governmental entity or leased to and occupied by a governmental
76	76	entity; and
77	77	(2) is not a premises or other place on which the
78	78	license holder is prohibited from carrying the handgun under
79	79	Section 46.03 or 46.035.
80	80	SECTION 4. The change in law made by this Act applies only
81	81	to conduct that occurs on or after the effective date of this Act.
82	82	SECTION 5. This Act takes effect September 1, 2019.