H.B. No. 1791
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. Section 411.209, Government Code, is amended by
amending Subsections (a), (d), and (f) and adding Subsection (j) to
read as follows:
(a) Except as provided by Subsection (i), a state agency or
a political subdivision of the state may not take 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,
that states or implies [or by any sign expressly referring to that
law or to a license to carry a handgun,] that a license holder who is
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 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).
(j) In this section, "premises" has the meaning assigned by
Section 46.035, Penal Code.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1791 was passed by the House on May
10, 2019, by the following vote: Yeas 75, Nays 49, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1791 was passed by the Senate on May
21, 2019, by the following vote: Yeas 21, Nays 10.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor