Texas 2019 - 86th Regular

Texas Senate Bill SB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R2431 PMO-D
1	2		By: Hughes S.B. No. 19
2		-	(In the Senate - Filed March 7, 2019; March 11, 2019, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 3, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 3, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 19 By: Hughes
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13		-	relating to the carrying~~, transporting~~, storage, or possession of a
14		-	~~firearm or~~ firearm ammunition by certain persons on certain
15		-	~~residential property or manufactured home community~~ property.
	7	+	relating to the carrying, storage, or possession of a firearm or
	8	+	firearm ammunition by certain persons on certain residential or
	9	+	commercial property.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Section 30.05, Penal Code, is amended by adding
18		-	Subsections (f-1)~~, (f-2),~~ and (f-3) to read as follows:
19		-	(f-1) It is ~~a defense~~ to ~~prosecution under~~ this section
	12	+	Subsections (f-1) and (f-2) to read as follows:
	13	+	(f-1) It is an exception to the application of this section
20	14		that:
21	15		(1) the basis on which entry on the property was
22	16		forbidden is that entry with a firearm or firearm ammunition was
23	17		forbidden;
24	18		(2) the actor is:
25	19		(A) an owner of an apartment in a condominium
26	20		regime governed by Chapter 81, Property Code;
27	21		(B) an owner of a condominium unit governed by
28	22		Chapter 82, Property Code;
29	23		(C) a tenant or guest of an owner described by
30	24		Paragraph (A) or (B); or
31	25		(D) a guest of a tenant of an owner described by
32	26		Paragraph (A) or (B);
33	27		(3) the actor:
34	28		(A) carries or stores a firearm or firearm
35	29		ammunition in the condominium apartment or unit owner's apartment
36	30		or unit;
37	31		(B) carries a firearm or firearm ammunition
38	32		directly en route to or from the condominium apartment or unit
39	33		owner's apartment or unit;
40	34		(C) carries a firearm or firearm ammunition
41	35		directly en route to or from the actor's vehicle located in a
42	36		parking area provided for residents or guests of the condominium
43	37		property; or
44	38		(D) carries or stores a firearm or firearm
45	39		ammunition in the actor's vehicle located in a parking area
46	40		provided for residents or guests of the condominium property; and
47	41		(4) the actor is not otherwise prohibited by law from
48	42		possessing a firearm or firearm ammunition.
49		-	(f-2) It is ~~a defense~~ to ~~prosecution under~~ this section
	43	+	(f-2) It is an exception to the application of this section
50	44		that:
51	45		(1) the basis on which entry on a leased premises
52		-	governed by Chapter 92, Property Code, was forbidden is that ~~entry~~
53		-	with a firearm or firearm ammunition was forbidden;
	46	+	governed by Chapter 92 or 93, Property Code, was forbidden is that
	47	+	entry with a firearm or firearm ammunition was forbidden;
54	48		(2) the actor is a tenant of the leased premises or the
55	49		tenant's guest;
56	50		(3) the actor:
57	51		(A) carries or stores a firearm or firearm
58	52		ammunition in the tenant's rental unit;
59	53		(B) carries a firearm or firearm ammunition
60	54		directly en route to or from the tenant's rental unit;
61	55		(C) carries a firearm or firearm ammunition
62	56		directly en route to or from the actor's vehicle located in a
63	57		parking area provided for tenants or guests by the landlord of the
64	58		leased premises; or
65	59		(D) carries or stores a firearm or firearm
66	60		ammunition in the actor's vehicle located in a parking area
67	61		provided for tenants or guests by the landlord of the leased
68	62		premises; and
69	63		(4) the actor is not otherwise prohibited by law from
70	64		possessing a firearm or firearm ammunition.
71		-	(f-3) It is a defense to prosecution under this section
72		-	that:
73		-	(1) the basis on which entry on a leased premises
74		-	governed by Chapter 94, Property Code, was forbidden is that entry
75		-	with a firearm or firearm ammunition was forbidden;
76		-	(2) the actor is a tenant of a manufactured home lot or
77		-	the tenant's guest;
78		-	(3) the actor:
79		-	(A) carries or stores a firearm or firearm
80		-	ammunition in the tenant's manufactured home;
81		-	(B) carries a firearm or firearm ammunition
82		-	directly en route to or from the tenant's manufactured home;
83		-	(C) carries a firearm or firearm ammunition
84		-	directly en route to or from the actor's vehicle located in a
85		-	parking area provided for tenants or tenants' guests by the
86		-	landlord of the leased premises; or
87		-	(D) carries or stores a firearm or firearm
88		-	ammunition in the actor's vehicle located in a parking area
89		-	provided for tenants or tenants' guests by the landlord of the
90		-	leased premises; and
91		-	(4) the actor is not otherwise prohibited by law from
92		-	possessing a firearm or firearm ammunition.
93	65		SECTION 2. Section 30.06, Penal Code, is amended by adding
94		-	Subsections (e-1)~~, (e-2),~~ and (e-3) to read as follows:
95		-	(e-1) It is ~~a defense~~ to ~~prosecution under~~ this section
	66	+	Subsections (e-1) and (e-2) to read as follows:
	67	+	(e-1) It is an exception to the application of this section
96	68		that:
97	69		(1) the license holder is:
98	70		(A) an owner of an apartment in a condominium
99	71		regime governed by Chapter 81, Property Code;
100	72		(B) an owner of a condominium unit governed by
101	73		Chapter 82, Property Code;
102	74		(C) a tenant or guest of an owner described by
103	75		Paragraph (A) or (B); or
104	76		(D) a guest of a tenant of an owner described by
105	77		Paragraph (A) or (B); and
106	78		(2) the license holder:
107	79		(A) carries or stores a handgun in the
108	80		condominium apartment or unit owner's apartment or unit;
109	81		(B) carries a handgun directly en route to or
110	82		from the condominium apartment or unit owner's apartment or unit;
111	83		(C) carries a handgun directly en route to or
112	84		from the license holder's vehicle located in a parking area
113	85		provided for residents or guests of the condominium property; or
114	86		(D) carries or stores a handgun in the license
115	87		holder's vehicle located in a parking area provided for residents
116	88		or guests of the condominium property.
117		-	(e-2) It is ~~a defense~~ to ~~prosecution under~~ this section
	89	+	(e-2) It is an exception to the application of this section
118	90		that:
119	91		(1) the license holder is a tenant of a leased premises
120		-	governed by Chapter 92, Property Code, or the tenant's guest; and
	92	+	governed by Chapter 92 or 93, Property Code, or the tenant's guest;
	93	+	and
121	94		(2) the license holder:
122	95		(A) carries or stores a handgun in the tenant's
123	96		rental unit;
124	97		(B) carries a handgun directly en route to or
125	98		from the tenant's rental unit;
126	99		(C) carries a handgun directly en route to or
127	100		from the license holder's vehicle located in a parking area
128	101		provided for tenants or guests by the landlord of the leased
129	102		premises; or
130	103		(D) carries or stores a handgun in the license
131	104		holder's vehicle located in a parking area provided for tenants or
132	105		guests by the landlord of the leased premises.
133		-	(e-3) It is a defense to prosecution under this section
134		-	that:
135		-	(1) the license holder is a tenant of a manufactured
136		-	home lot governed by Chapter 94, Property Code, or the tenant's
137		-	guest; and
138		-	(2) the license holder:
139		-	(A) carries or stores a handgun in the tenant's
140		-	manufactured home;
141		-	(B) carries a handgun directly en route to or
142		-	from the tenant's manufactured home;
143		-	(C) carries a handgun directly en route to or
144		-	from the license holder's vehicle located in a parking area
145		-	provided for tenants or tenants' guests by the landlord of the
146		-	leased premises; or
147		-	(D) carries or stores a handgun in the license
148		-	holder's vehicle located in a parking area provided for tenants or
149		-	tenants' guests by the landlord of the leased premises.
150	106		SECTION 3. Section 30.07, Penal Code, is amended by adding
151		-	Subsections (e-1)~~, (e-2),~~ and (e-3) to read as follows:
152		-	(e-1) It is ~~a defense~~ to ~~prosecution under~~ this section
	107	+	Subsections (e-1) and (e-2) to read as follows:
	108	+	(e-1) It is an exception to the application of this section
153	109		that:
154	110		(1) the license holder is:
155	111		(A) an owner of an apartment in a condominium
156	112		regime governed by Chapter 81, Property Code;
157	113		(B) an owner of a condominium unit governed by
158	114		Chapter 82, Property Code;
159	115		(C) a tenant or guest of an owner described by
160	116		Paragraph (A) or (B); or
161	117		(D) a guest of a tenant of an owner described by
162	118		Paragraph (A) or (B); and
163	119		(2) the license holder:
164	120		(A) carries or stores a handgun in the
165	121		condominium apartment or unit owner's apartment or unit;
166	122		(B) carries a handgun directly en route to or
167	123		from the condominium apartment or unit owner's apartment or unit;
168	124		(C) carries a handgun directly en route to or
169	125		from the license holder's vehicle located in a parking area
170	126		provided for residents or guests of the condominium property; or
171	127		(D) carries or stores a handgun in the license
172	128		holder's vehicle located in a parking area provided for residents
173	129		or guests of the condominium property.
174		-	(e-2) It is ~~a defense~~ to ~~prosecution under~~ this section
	130	+	(e-2) It is an exception to the application of this section
175	131		that:
176	132		(1) the license holder is a tenant of a leased premises
177		-	governed by Chapter 92, Property Code, or the tenant's guest; and
	133	+	governed by Chapter 92 or 93, Property Code, or the tenant's guest;
	134	+	and
178	135		(2) the license holder:
179	136		(A) carries or stores a handgun in the tenant's
180	137		rental unit;
181	138		(B) carries a handgun directly en route to or
182	139		from the tenant's rental unit;
183	140		(C) carries a handgun directly en route to or
184	141		from the license holder's vehicle located in a parking area
185	142		provided for tenants or guests by the landlord of the leased
186	143		premises; or
187	144		(D) carries or stores a handgun in the license
188	145		holder's vehicle located in a parking area provided for tenants or
189	146		guests by the landlord of the leased premises.
190		-	(e-3) It is a defense to prosecution under this section
191		-	that:
192		-	(1) the license holder is a tenant of a manufactured
193		-	home lot governed by Chapter 94, Property Code, or the tenant's
194		-	guest; and
195		-	(2) the license holder:
196		-	(A) carries or stores a handgun in the tenant's
197		-	manufactured home;
198		-	(B) carries a handgun directly en route to or
199		-	from the tenant's manufactured home;
200		-	(C) carries a handgun directly en route to or
201		-	from the license holder's vehicle located in a parking area
202		-	provided for tenants or tenants' guests by the landlord of the
203		-	leased premises; or
204		-	(D) carries or stores a handgun in the license
205		-	holder's vehicle located in a parking area provided for tenants or
206		-	tenants' guests by the landlord of the leased premises.
207	147		SECTION 4. Section 82.002, Property Code, is amended by
208	148		adding Subsection (c-1) to read as follows:
209	149		(c-1) Section 82.121 applies to a condominium for which the
210	150		declaration was recorded before January 1, 1994.
211	151		SECTION 5. Subchapter C, Chapter 82, Property Code, is
212	152		amended by adding Section 82.121 to read as follows:
213	153		Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
214	154		CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or
215	155		firearm ammunition on condominium property is prohibited by state
216		-	or federal law, a condominium unit owner, a tenant or guest of a
	156	+	or federal law, a condominium unit owner, or a tenant or guest of a
217	157		condominium unit owner, or a guest of a tenant of a condominium unit
218	158		owner may not be prohibited from lawfully possessing, carrying,
219	159		transporting, or storing a firearm, any part of a firearm, or
220	160		firearm ammunition:
221	161		(1) in the condominium unit owner's unit;
222	162		(2) in a vehicle located in a parking area provided for
223	163		the residents or guests of the condominium property; or
224	164		(3) in other common element locations as necessary to:
225	165		(A) enter or exit the condominium property;
226	166		(B) enter or exit the condominium unit owner's
227	167		unit; or
228	168		(C) enter or exit a vehicle on the condominium
229	169		property or located in a parking area provided for residents or
230	170		guests of the condominium property.
231	171		(b) This section applies notwithstanding any provision of a
232	172		dedicatory instrument to the contrary and regardless of the date of
233	173		the provision's adoption.
234	174		SECTION 6. Subchapter A, Chapter 92, Property Code, is
235	175		amended by adding Section 92.026 to read as follows:
236	176		Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION
237	177		ON LEASED PREMISES. Unless possession of a firearm or firearm
238	178		ammunition on a landlord's property is prohibited by state or
239	179		federal law, a landlord may not prohibit a tenant or a tenant's
240	180		guest from lawfully possessing, carrying, transporting, or storing
241	181		a firearm, any part of a firearm, or firearm ammunition:
242	182		(1) in the tenant's rental unit;
243	183		(2) in a vehicle located in a parking area provided for
244	184		tenants or guests by the landlord of the leased premises; or
245	185		(3) in other locations controlled by the landlord as
246	186		necessary to:
247	187		(A) enter or exit the tenant's rental unit;
248	188		(B) enter or exit the leased premises; or
249	189		(C) enter or exit a vehicle on the leased
250	190		premises or located in a parking area provided by the landlord for
251	191		tenants or guests.
252		-	SECTION 7. ~~Subchapter F,~~ Chapter 94, Property Code, is
253		-	~~amended by adding~~ Section 94.~~257~~ to read as follows:
254		-	Sec. 94.~~257~~. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
	192	+	SECTION 7. Chapter 93, Property Code, is amended by adding
	193	+	Section 93.014 to read as follows:
	194	+	Sec. 93.014. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
255	195		LEASED PREMISES. Unless possession of a firearm or firearm
256	196		ammunition on a landlord's property is prohibited by state or
257	197		federal law, a landlord may not prohibit a tenant or a tenant's
258	198		guest from lawfully possessing, carrying, transporting, or storing
259	199		a firearm, any part of a firearm, or firearm ammunition:
260		-	(1) in the tenant's ~~manufactured home~~;
	200	+	(1) on the tenant's leased premises;
261	201		(2) in a vehicle located in a parking area provided for
262		-	tenants or tenants' guests by the landlord of the leased premises;
263		-	or
	202	+	tenants or guests by the landlord of the leased premises; or
264	203		(3) in other locations controlled by the landlord as
265	204		necessary to:
266		-	(A) enter or exit the tenant's ~~manufactured home~~;
	205	+	(A) enter or exit the tenant's leased premises;
267	206		(B) enter or exit the leased premises; or
268	207		(C) enter or exit a vehicle on the leased
269	208		premises or located in a parking area provided by the landlord for
270		-	tenants or ~~tenants'~~ guests.
	209	+	tenants or guests.
271	210		SECTION 8. Sections 30.05, 30.06, and 30.07, Penal Code, as
272	211		amended by this Act, apply only to an offense committed on or after
273	212		the effective date of this Act. An offense committed before the
274	213		effective date of this Act is governed by the law in effect on the
275	214		date the offense was committed, and the former law is continued in
276	215		effect for that purpose. For purposes of this section, an offense
277	216		was committed before the effective date of this Act if any element
278	217		of the offense occurred before that date.
279		-	SECTION 9. Sections 92.026 and 94.~~257~~, Property Code, as
	218	+	SECTION 9. Sections 92.026 and 93.014, Property Code, as
280	219		added by this Act, do not affect the enforceability of a provision
281	220		in a lease agreement entered into or renewed before the effective
282	221		date of this Act.
283	222		SECTION 10. This Act takes effect September 1, 2019.
284		-	* * * * *