| 1 | 1 | | 86R1224 SMT-D |
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| 2 | 2 | | By: Bernal H.B. No. 172 |
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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. Subchapter H, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.2045 to read as follows: |
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| 12 | 12 | | Sec. 411.2045. WRITTEN NOTICE: RULES. (a) The department |
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| 13 | 13 | | shall adopt rules that prescribe the size of a sign and the |
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| 14 | 14 | | lettering on that sign under Sections 30.06(c)(3)(B) and |
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| 15 | 15 | | 30.07(c)(3)(B), Penal Code. Rules adopted under this subsection |
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| 16 | 16 | | may not require that a sign be larger than 8.5 inches by 11 inches |
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| 17 | 17 | | for each language in which the sign must be posted. |
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| 18 | 18 | | (b) The department by rule shall adopt Spanish translations |
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| 19 | 19 | | of the language described by Sections 30.06(c)(3)(A) and |
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| 20 | 20 | | 30.07(c)(3)(A), Penal Code, for the signs described by Subsection |
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| 21 | 21 | | (a). |
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| 22 | 22 | | (c) The department shall make available on the department's |
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| 23 | 23 | | Internet website a printable copy of the English and Spanish |
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| 24 | 24 | | versions of the signs described by Subsection (a). |
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| 25 | 25 | | SECTION 2. Section 30.06(c)(3), Penal Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | (3) "Written communication" means: |
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| 28 | 28 | | (A) a card or other document on which is written |
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| 29 | 29 | | language identical to the following: "Pursuant to Section 30.06, |
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| 30 | 30 | | Penal Code (trespass by license holder with a concealed handgun), a |
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| 31 | 31 | | person licensed under Subchapter H, Chapter 411, Government Code |
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| 32 | 32 | | (handgun licensing law), may not enter this property with a |
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| 33 | 33 | | concealed handgun"; or |
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| 34 | 34 | | (B) a sign posted on the property that: |
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| 35 | 35 | | (i) includes the language described by |
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| 36 | 36 | | Paragraph (A) in both English and Spanish; |
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| 37 | 37 | | (ii) appears in contrasting colors with |
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| 38 | 38 | | block letters and otherwise complies with the requirements |
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| 39 | 39 | | regarding the size and lettering of the sign provided by rules |
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| 40 | 40 | | adopted under Section 411.2045, Government Code [at least one inch |
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| 41 | 41 | | in height]; and |
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| 42 | 42 | | (iii) is displayed in a conspicuous manner |
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| 43 | 43 | | clearly visible to the public. |
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| 44 | 44 | | SECTION 3. Section 30.07(c)(3), Penal Code, is amended to |
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| 45 | 45 | | read as follows: |
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| 46 | 46 | | (3) "Written communication" means: |
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| 47 | 47 | | (A) a card or other document on which is written |
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| 48 | 48 | | language identical to the following: "Pursuant to Section 30.07, |
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| 49 | 49 | | Penal Code (trespass by license holder with an openly carried |
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| 50 | 50 | | handgun), a person licensed under Subchapter H, Chapter 411, |
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| 51 | 51 | | Government Code (handgun licensing law), may not enter this |
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| 52 | 52 | | property with a handgun that is carried openly"; or |
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| 53 | 53 | | (B) a sign posted on the property that: |
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| 54 | 54 | | (i) includes the language described by |
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| 55 | 55 | | Paragraph (A) in both English and Spanish; |
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| 56 | 56 | | (ii) appears in contrasting colors with |
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| 57 | 57 | | block letters and otherwise complies with the requirements |
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| 58 | 58 | | regarding the size and lettering of the sign provided by rules |
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| 59 | 59 | | adopted under Section 411.2045, Government Code [at least one inch |
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| 60 | 60 | | in height]; and |
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| 61 | 61 | | (iii) is displayed in a conspicuous manner |
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| 62 | 62 | | clearly visible to the public at each entrance to the property. |
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| 63 | 63 | | SECTION 4. The public safety director of the Department of |
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| 64 | 64 | | Public Safety shall adopt the rules described by Section 411.2045, |
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| 65 | 65 | | Government Code, as added by this Act, and, not later than December |
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| 66 | 66 | | 1, 2019, make a printable electronic copy of the sign available on |
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| 67 | 67 | | the department's Internet website as required by that section. |
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| 68 | 68 | | SECTION 5. The change in law made by this Act applies only |
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| 69 | 69 | | to an offense committed on or after January 1, 2020. An offense |
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| 70 | 70 | | committed before January 1, 2020, is governed by the law in effect |
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| 71 | 71 | | on the date the offense was committed, and the former law is |
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| 72 | 72 | | continued in effect for that purpose. For purposes of this section, |
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| 73 | 73 | | an offense was committed before January 1, 2020, if any element of |
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| 74 | 74 | | the offense occurred before that date. |
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| 75 | 75 | | SECTION 6. This Act takes effect September 1, 2019. |
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