86R4474 AJZ-D
By: Krause H.B. No. 1791
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns by license holders on property
owned or leased by a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.209(a), (d), and (f), Government
Code, are amended to read as follows:
(a) Except as provided by Subsection (i), a state agency or
a political subdivision of the state may not prohibit or attempt to
prohibit a license holder who is carrying a handgun under the
authority of this subchapter from entering or remaining on a
premises or other place owned or leased by the governmental entity
by taking any action, including an action consisting of the
provision of [provide] notice by a communication described by
Section 30.06 or 30.07, Penal Code, [or by any sign expressly
referring to that law or to a license to carry a handgun, that a
license holder carrying a handgun under the authority of this
subchapter is prohibited from entering or remaining on a premises
or other place owned or leased by the governmental entity] unless
license holders are prohibited from carrying a handgun on the
premises or other place by Section 46.03 or 46.035, Penal Code, or
other law.
(d) A resident of this state or a person licensed to carry a
handgun under this subchapter may file a complaint with the
attorney general that a state agency or political subdivision is in
violation of Subsection (a) if the resident or license holder
[person] provides the agency or subdivision a written notice that
describes the location and general facts of the violation [and
specific location of the sign found to be in violation] and the
agency or subdivision does not cure the violation before the end of
the third business day after the date of receiving the written
notice. A complaint filed with the attorney general under this
subsection must include evidence of the violation and a copy of the
written notice provided to the agency or subdivision.
(f) Before a suit may be brought against a state agency or a
political subdivision of the state for a violation of Subsection
(a), the attorney general must investigate the complaint to
determine whether legal action is warranted. If legal action is
warranted, the attorney general must give the chief administrative
officer of the agency or political subdivision charged with the
violation a written notice that:
(1) describes the violation and includes the
information described by Subsection (d) [specific location of the
sign found to be in violation];
(2) states the amount of the proposed penalty for the
violation; and
(3) gives the agency or political subdivision 15 days
from receipt of the notice to [remove the sign and] cure the
violation to avoid the penalty, unless the agency or political
subdivision was found liable by a court for previously violating
Subsection (a).
SECTION 2. Section 411.209, Government Code, as amended by
this Act, applies only to conduct that occurs on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.