Texas 2019 - 86th Regular

Texas House Bill HB302 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 302
	1	+	By: Paul, et al. (Senate Sponsor - Hughes) H.B. No. 302
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on State
	4	+	Affairs; April 29, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; April 29, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the carrying, storage, or possession of a firearm or
6	12		firearm ammunition by certain persons on certain residential or
7	13		commercial property.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 30.05, Penal Code, is amended by adding
10	16		Subsections (f-1), (f-2), and (f-3) to read as follows:
11	17		(f-1) It is a defense to prosecution under this section
12	18		that:
13	19		(1) the basis on which entry on the property was
14	20		forbidden is that entry with a firearm or firearm ammunition was
15	21		forbidden;
16	22		(2) the actor is:
17	23		(A) an owner of an apartment in a condominium
18	24		regime governed by Chapter 81, Property Code;
19	25		(B) an owner of a condominium unit governed by
20	26		Chapter 82, Property Code;
21	27		(C) a tenant or guest of an owner described by
22	28		Paragraph (A) or (B); or
23	29		(D) a guest of a tenant of an owner described by
24	30		Paragraph (A) or (B);
25	31		(3) the actor:
26	32		(A) carries or stores a firearm or firearm
27	33		ammunition in the condominium apartment or unit owner's apartment
28	34		or unit;
29	35		(B) carries a firearm or firearm ammunition
30	36		directly en route to or from the condominium apartment or unit
31	37		owner's apartment or unit;
32	38		(C) carries a firearm or firearm ammunition
33	39		directly en route to or from the actor's vehicle located in a
34	40		parking area provided for residents or guests of the condominium
35	41		property; or
36	42		(D) carries or stores a firearm or firearm
37	43		ammunition in the actor's vehicle located in a parking area
38	44		provided for residents or guests of the condominium property; and
39	45		(4) the actor is not otherwise prohibited by law from
40	46		possessing a firearm or firearm ammunition.
41	47		(f-2) It is a defense to prosecution under this section
42	48		that:
43	49		(1) the basis on which entry on a leased premises
44	50		governed by Chapter 92, Property Code, was forbidden is that entry
45	51		with a firearm or firearm ammunition was forbidden;
46	52		(2) the actor is a tenant of the leased premises or the
47	53		tenant's guest;
48	54		(3) the actor:
49	55		(A) carries or stores a firearm or firearm
50	56		ammunition in the tenant's rental unit;
51	57		(B) carries a firearm or firearm ammunition
52	58		directly en route to or from the tenant's rental unit;
53	59		(C) carries a firearm or firearm ammunition
54	60		directly en route to or from the actor's vehicle located in a
55	61		parking area provided for tenants or guests by the landlord of the
56	62		leased premises; or
57	63		(D) carries or stores a firearm or firearm
58	64		ammunition in the actor's vehicle located in a parking area
59	65		provided for tenants or guests by the landlord of the leased
60	66		premises; and
61	67		(4) the actor is not otherwise prohibited by law from
62	68		possessing a firearm or firearm ammunition.
63	69		(f-3) It is a defense to prosecution under this section
64	70		that:
65	71		(1) the basis on which entry on a leased premises
66	72		governed by Chapter 94, Property Code, was forbidden is that entry
67	73		with a firearm or firearm ammunition was forbidden;
68	74		(2) the actor is a tenant of a manufactured home lot or
69	75		the tenant's guest;
70	76		(3) the actor:
71	77		(A) carries or stores a firearm or firearm
72	78		ammunition in the tenant's manufactured home;
73	79		(B) carries a firearm or firearm ammunition
74	80		directly en route to or from the tenant's manufactured home;
75	81		(C) carries a firearm or firearm ammunition
76	82		directly en route to or from the actor's vehicle located in a
77	83		parking area provided for tenants or tenants' guests by the
78	84		landlord of the leased premises; or
79	85		(D) carries or stores a firearm or firearm
80	86		ammunition in the actor's vehicle located in a parking area
81	87		provided for tenants or tenants' guests by the landlord of the
82	88		leased premises; and
83	89		(4) the actor is not otherwise prohibited by law from
84	90		possessing a firearm or firearm ammunition.
85	91		SECTION 2. Section 30.06, Penal Code, is amended by adding
86	92		Subsections (e-1), (e-2), and (e-3) to read as follows:
87	93		(e-1) It is a defense to prosecution under this section
88	94		that:
89	95		(1) the license holder is:
90	96		(A) an owner of an apartment in a condominium
91	97		regime governed by Chapter 81, Property Code;
92	98		(B) an owner of a condominium unit governed by
93	99		Chapter 82, Property Code;
94	100		(C) a tenant or guest of an owner described by
95	101		Paragraph (A) or (B); or
96	102		(D) a guest of a tenant of an owner described by
97	103		Paragraph (A) or (B); and
98	104		(2) the license holder:
99	105		(A) carries or stores a handgun in the
100	106		condominium apartment or unit owner's apartment or unit;
101	107		(B) carries a handgun directly en route to or
102	108		from the condominium apartment or unit owner's apartment or unit;
103	109		(C) carries a handgun directly en route to or
104	110		from the license holder's vehicle located in a parking area
105	111		provided for residents or guests of the condominium property; or
106	112		(D) carries or stores a handgun in the license
107	113		holder's vehicle located in a parking area provided for residents
108	114		or guests of the condominium property.
109	115		(e-2) It is a defense to prosecution under this section
110	116		that:
111	117		(1) the license holder is a tenant of a leased premises
112	118		governed by Chapter 92, Property Code, or the tenant's guest; and
113	119		(2) the license holder:
114	120		(A) carries or stores a handgun in the tenant's
115	121		rental unit;
116	122		(B) carries a handgun directly en route to or
117	123		from the tenant's rental unit;
118	124		(C) carries a handgun directly en route to or
119	125		from the license holder's vehicle located in a parking area
120	126		provided for tenants or guests by the landlord of the leased
121	127		premises; or
122	128		(D) carries or stores a handgun in the license
123	129		holder's vehicle located in a parking area provided for tenants or
124	130		guests by the landlord of the leased premises.
125	131		(e-3) It is a defense to prosecution under this section
126	132		that:
127	133		(1) the license holder is a tenant of a manufactured
128	134		home lot governed by Chapter 94, Property Code, or the tenant's
129	135		guest; and
130	136		(2) the license holder:
131	137		(A) carries or stores a handgun in the tenant's
132	138		manufactured home;
133	139		(B) carries a handgun directly en route to or
134	140		from the tenant's manufactured home;
135	141		(C) carries a handgun directly en route to or
136	142		from the license holder's vehicle located in a parking area
137	143		provided for tenants or tenants' guests by the landlord of the
138	144		leased premises; or
139	145		(D) carries or stores a handgun in the license
140	146		holder's vehicle located in a parking area provided for tenants or
141	147		tenants' guests by the landlord of the leased premises.
142	148		SECTION 3. Section 30.07, Penal Code, is amended by adding
143	149		Subsections (e-1), (e-2), and (e-3) to read as follows:
144	150		(e-1) It is a defense to prosecution under this section
145	151		that:
146	152		(1) the license holder is:
147	153		(A) an owner of an apartment in a condominium
148	154		regime governed by Chapter 81, Property Code;
149	155		(B) an owner of a condominium unit governed by
150	156		Chapter 82, Property Code;
151	157		(C) a tenant or guest of an owner described by
152	158		Paragraph (A) or (B); or
153	159		(D) a guest of a tenant of an owner described by
154	160		Paragraph (A) or (B); and
155	161		(2) the license holder:
156	162		(A) carries or stores a handgun in the
157	163		condominium apartment or unit owner's apartment or unit;
158	164		(B) carries a handgun directly en route to or
159	165		from the condominium apartment or unit owner's apartment or unit;
160	166		(C) carries a handgun directly en route to or
161	167		from the license holder's vehicle located in a parking area
162	168		provided for residents or guests of the condominium property; or
163	169		(D) carries or stores a handgun in the license
164	170		holder's vehicle located in a parking area provided for residents
165	171		or guests of the condominium property.
166	172		(e-2) It is a defense to prosecution under this section
167	173		that:
168	174		(1) the license holder is a tenant of a leased premises
169	175		governed by Chapter 92, Property Code, or the tenant's guest; and
170	176		(2) the license holder:
171	177		(A) carries or stores a handgun in the tenant's
172	178		rental unit;
173	179		(B) carries a handgun directly en route to or
174	180		from the tenant's rental unit;
175	181		(C) carries a handgun directly en route to or
176	182		from the license holder's vehicle located in a parking area
177	183		provided for tenants or guests by the landlord of the leased
178	184		premises; or
179	185		(D) carries or stores a handgun in the license
180	186		holder's vehicle located in a parking area provided for tenants or
181	187		guests by the landlord of the leased premises.
182	188		(e-3) It is a defense to prosecution under this section
183	189		that:
184	190		(1) the license holder is a tenant of a manufactured
185	191		home lot governed by Chapter 94, Property Code, or the tenant's
186	192		guest; and
187	193		(2) the license holder:
188	194		(A) carries or stores a handgun in the tenant's
189	195		manufactured home;
190	196		(B) carries a handgun directly en route to or
191	197		from the tenant's manufactured home;
192	198		(C) carries a handgun directly en route to or
193	199		from the license holder's vehicle located in a parking area
194	200		provided for tenants or tenants' guests by the landlord of the
195	201		leased premises; or
196	202		(D) carries or stores a handgun in the license
197	203		holder's vehicle located in a parking area provided for tenants or
198	204		tenants' guests by the landlord of the leased premises.
199	205		SECTION 4. Section 82.002, Property Code, is amended by
200	206		adding Subsection (c-1) to read as follows:
201	207		(c-1) Section 82.121 applies to a condominium for which the
202	208		declaration was recorded before January 1, 1994.
203	209		SECTION 5. Subchapter C, Chapter 82, Property Code, is
204	210		amended by adding Section 82.121 to read as follows:
205	211		Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
206	212		CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or
207	213		firearm ammunition on condominium property is prohibited by state
208	214		or federal law, a condominium unit owner, or a tenant or guest of a
209	215		condominium unit owner, or a guest of a tenant of a condominium unit
210	216		owner may not be prohibited from lawfully possessing, carrying,
211	217		transporting, or storing a firearm, any part of a firearm, or
212	218		firearm ammunition:
213	219		(1) in the condominium unit owner's unit;
214	220		(2) in a vehicle located in a parking area provided for
215	221		the residents or guests of the condominium property; or
216	222		(3) in other common element locations as necessary to:
217	223		(A) enter or exit the condominium property;
218	224		(B) enter or exit the condominium unit owner's
219	225		unit; or
220	226		(C) enter or exit a vehicle on the condominium
221	227		property or located in a parking area provided for residents or
222	228		guests of the condominium property.
223	229		(b) This section applies notwithstanding any provision of a
224	230		dedicatory instrument to the contrary and regardless of the date of
225	231		the provision's adoption.
226	232		SECTION 6. Subchapter A, Chapter 92, Property Code, is
227	233		amended by adding Section 92.026 to read as follows:
228	234		Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION
229	235		ON LEASED PREMISES. Unless possession of a firearm or firearm
230	236		ammunition on a landlord's property is prohibited by state or
231	237		federal law, a landlord may not prohibit a tenant or a tenant's
232	238		guest from lawfully possessing, carrying, transporting, or storing
233	239		a firearm, any part of a firearm, or firearm ammunition:
234	240		(1) in the tenant's rental unit;
235	241		(2) in a vehicle located in a parking area provided for
236	242		tenants or guests by the landlord of the leased premises; or
237	243		(3) in other locations controlled by the landlord as
238	244		necessary to:
239	245		(A) enter or exit the tenant's rental unit;
240	246		(B) enter or exit the leased premises; or
241	247		(C) enter or exit a vehicle on the leased
242	248		premises or located in a parking area provided by the landlord for
243	249		tenants or guests.
244	250		SECTION 7. Subchapter F, Chapter 94, Property Code, is
245	251		amended by adding Section 94.257 to read as follows:
246	252		Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
247	253		LEASED PREMISES. Unless possession of a firearm or firearm
248	254		ammunition on a landlord's property is prohibited by state or
249	255		federal law, a landlord may not prohibit a tenant or a tenant's
250	256		guest from lawfully possessing, carrying, transporting, or storing
251	257		a firearm, any part of a firearm, or firearm ammunition:
252	258		(1) in the tenant's manufactured home;
253	259		(2) in a vehicle located in a parking area provided for
254	260		tenants or tenants' guests by the landlord of the leased premises;
255	261		or
256	262		(3) in other locations controlled by the landlord as
257	263		necessary to:
258	264		(A) enter or exit the tenant's manufactured home;
259	265		(B) enter or exit the leased premises; or
260	266		(C) enter or exit a vehicle on the leased
261	267		premises or located in a parking area provided by the landlord for
262	268		tenants or tenants' guests.
263	269		SECTION 8. Sections 30.05, 30.06, and 30.07, Penal Code, as
264	270		amended by this Act, apply only to an offense committed on or after
265	271		the effective date of this Act. An offense committed before the
266	272		effective date of this Act is governed by the law in effect on the
267	273		date the offense was committed, and the former law is continued in
268	274		effect for that purpose. For purposes of this section, an offense
269	275		was committed before the effective date of this Act if any element
270	276		of the offense occurred before that date.
271	277		SECTION 9. Sections 92.026 and 94.257, Property Code, as
272	278		added by this Act, do not affect the enforceability of a provision
273	279		in a lease agreement entered into or renewed before the effective
274	280		date of this Act.
275	281		SECTION 10. This Act takes effect September 1, 2019.
276		-	______________________________ ______________________________
277		-	President of the Senate Speaker of the House
278		-	I certify that H.B. No. 302 was passed by the House on April
279		-	11, 2019, by the following vote: Yeas 101, Nays 44, 2 present, not
280		-	voting.
281		-	______________________________
282		-	Chief Clerk of the House
283		-	I certify that H.B. No. 302 was passed by the Senate on May 2,
284		-	2019, by the following vote: Yeas 25, Nays 6.
285		-	______________________________
286		-	Secretary of the Senate
287		-	APPROVED: _____________________
288		-	Date
289		-	_____________________
290		-	Governor
	282	+	* * * * *