By: Hughes S.B. No. 19
(In the Senate - Filed March 7, 2019; March 11, 2019, read
first time and referred to Committee on State Affairs;
April 3, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 3, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 19 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the carrying, transporting, storage, or possession of a
firearm or firearm ammunition by certain persons on certain
residential property or manufactured home community property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.05, Penal Code, is amended by adding
Subsections (f-1), (f-2), and (f-3) to read as follows:
(f-1) It is a defense to prosecution under this section
that:
(1) the basis on which entry on the property was
forbidden is that entry with a firearm or firearm ammunition was
forbidden;
(2) the actor is:
(A) an owner of an apartment in a condominium
regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by
Chapter 82, Property Code;
(C) a tenant or guest of an owner described by
Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by
Paragraph (A) or (B);
(3) the actor:
(A) carries or stores a firearm or firearm
ammunition in the condominium apartment or unit owner's apartment
or unit;
(B) carries a firearm or firearm ammunition
directly en route to or from the condominium apartment or unit
owner's apartment or unit;
(C) carries a firearm or firearm ammunition
directly en route to or from the actor's vehicle located in a
parking area provided for residents or guests of the condominium
property; or
(D) carries or stores a firearm or firearm
ammunition in the actor's vehicle located in a parking area
provided for residents or guests of the condominium property; and
(4) the actor is not otherwise prohibited by law from
possessing a firearm or firearm ammunition.
(f-2) It is a defense to prosecution under this section
that:
(1) the basis on which entry on a leased premises
governed by Chapter 92, Property Code, was forbidden is that entry
with a firearm or firearm ammunition was forbidden;
(2) the actor is a tenant of the leased premises or the
tenant's guest;
(3) the actor:
(A) carries or stores a firearm or firearm
ammunition in the tenant's rental unit;
(B) carries a firearm or firearm ammunition
directly en route to or from the tenant's rental unit;
(C) carries a firearm or firearm ammunition
directly en route to or from the actor's vehicle located in a
parking area provided for tenants or guests by the landlord of the
leased premises; or
(D) carries or stores a firearm or firearm
ammunition in the actor's vehicle located in a parking area
provided for tenants or guests by the landlord of the leased
premises; and
(4) the actor is not otherwise prohibited by law from
possessing a firearm or firearm ammunition.
(f-3) It is a defense to prosecution under this section
that:
(1) the basis on which entry on a leased premises
governed by Chapter 94, Property Code, was forbidden is that entry
with a firearm or firearm ammunition was forbidden;
(2) the actor is a tenant of a manufactured home lot or
the tenant's guest;
(3) the actor:
(A) carries or stores a firearm or firearm
ammunition in the tenant's manufactured home;
(B) carries a firearm or firearm ammunition
directly en route to or from the tenant's manufactured home;
(C) carries a firearm or firearm ammunition
directly en route to or from the actor's vehicle located in a
parking area provided for tenants or tenants' guests by the
landlord of the leased premises; or
(D) carries or stores a firearm or firearm
ammunition in the actor's vehicle located in a parking area
provided for tenants or tenants' guests by the landlord of the
leased premises; and
(4) the actor is not otherwise prohibited by law from
possessing a firearm or firearm ammunition.
SECTION 2. Section 30.06, Penal Code, is amended by adding
Subsections (e-1), (e-2), and (e-3) to read as follows:
(e-1) It is a defense to prosecution under this section
that:
(1) the license holder is:
(A) an owner of an apartment in a condominium
regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by
Chapter 82, Property Code;
(C) a tenant or guest of an owner described by
Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by
Paragraph (A) or (B); and
(2) the license holder:
(A) carries or stores a handgun in the
condominium apartment or unit owner's apartment or unit;
(B) carries a handgun directly en route to or
from the condominium apartment or unit owner's apartment or unit;
(C) carries a handgun directly en route to or
from the license holder's vehicle located in a parking area
provided for residents or guests of the condominium property; or
(D) carries or stores a handgun in the license
holder's vehicle located in a parking area provided for residents
or guests of the condominium property.
(e-2) It is a defense to prosecution under this section
that:
(1) the license holder is a tenant of a leased premises
governed by Chapter 92, Property Code, or the tenant's guest; and
(2) the license holder:
(A) carries or stores a handgun in the tenant's
rental unit;
(B) carries a handgun directly en route to or
from the tenant's rental unit;
(C) carries a handgun directly en route to or
from the license holder's vehicle located in a parking area
provided for tenants or guests by the landlord of the leased
premises; or
(D) carries or stores a handgun in the license
holder's vehicle located in a parking area provided for tenants or
guests by the landlord of the leased premises.
(e-3) It is a defense to prosecution under this section
that:
(1) the license holder is a tenant of a manufactured
home lot governed by Chapter 94, Property Code, or the tenant's
guest; and
(2) the license holder:
(A) carries or stores a handgun in the tenant's
manufactured home;
(B) carries a handgun directly en route to or
from the tenant's manufactured home;
(C) carries a handgun directly en route to or
from the license holder's vehicle located in a parking area
provided for tenants or tenants' guests by the landlord of the
leased premises; or
(D) carries or stores a handgun in the license
holder's vehicle located in a parking area provided for tenants or
tenants' guests by the landlord of the leased premises.
SECTION 3. Section 30.07, Penal Code, is amended by adding
Subsections (e-1), (e-2), and (e-3) to read as follows:
(e-1) It is a defense to prosecution under this section
that:
(1) the license holder is:
(A) an owner of an apartment in a condominium
regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by
Chapter 82, Property Code;
(C) a tenant or guest of an owner described by
Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by
Paragraph (A) or (B); and
(2) the license holder:
(A) carries or stores a handgun in the
condominium apartment or unit owner's apartment or unit;
(B) carries a handgun directly en route to or
from the condominium apartment or unit owner's apartment or unit;
(C) carries a handgun directly en route to or
from the license holder's vehicle located in a parking area
provided for residents or guests of the condominium property; or
(D) carries or stores a handgun in the license
holder's vehicle located in a parking area provided for residents
or guests of the condominium property.
(e-2) It is a defense to prosecution under this section
that:
(1) the license holder is a tenant of a leased premises
governed by Chapter 92, Property Code, or the tenant's guest; and
(2) the license holder:
(A) carries or stores a handgun in the tenant's
rental unit;
(B) carries a handgun directly en route to or
from the tenant's rental unit;
(C) carries a handgun directly en route to or
from the license holder's vehicle located in a parking area
provided for tenants or guests by the landlord of the leased
premises; or
(D) carries or stores a handgun in the license
holder's vehicle located in a parking area provided for tenants or
guests by the landlord of the leased premises.
(e-3) It is a defense to prosecution under this section
that:
(1) the license holder is a tenant of a manufactured
home lot governed by Chapter 94, Property Code, or the tenant's
guest; and
(2) the license holder:
(A) carries or stores a handgun in the tenant's
manufactured home;
(B) carries a handgun directly en route to or
from the tenant's manufactured home;
(C) carries a handgun directly en route to or
from the license holder's vehicle located in a parking area
provided for tenants or tenants' guests by the landlord of the
leased premises; or
(D) carries or stores a handgun in the license
holder's vehicle located in a parking area provided for tenants or
tenants' guests by the landlord of the leased premises.
SECTION 4. Section 82.002, Property Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Section 82.121 applies to a condominium for which the
declaration was recorded before January 1, 1994.
SECTION 5. Subchapter C, Chapter 82, Property Code, is
amended by adding Section 82.121 to read as follows:
Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or
firearm ammunition on condominium property is prohibited by state
or federal law, a condominium unit owner, a tenant or guest of a
condominium unit owner, or a guest of a tenant of a condominium unit
owner may not be prohibited from lawfully possessing, carrying,
transporting, or storing a firearm, any part of a firearm, or
firearm ammunition:
(1) in the condominium unit owner's unit;
(2) in a vehicle located in a parking area provided for
the residents or guests of the condominium property; or
(3) in other common element locations as necessary to:
(A) enter or exit the condominium property;
(B) enter or exit the condominium unit owner's
unit; or
(C) enter or exit a vehicle on the condominium
property or located in a parking area provided for residents or
guests of the condominium property.
(b) This section applies notwithstanding any provision of a
dedicatory instrument to the contrary and regardless of the date of
the provision's adoption.
SECTION 6. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.026 to read as follows:
Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION
ON LEASED PREMISES. Unless possession of a firearm or firearm
ammunition on a landlord's property is prohibited by state or
federal law, a landlord may not prohibit a tenant or a tenant's
guest from lawfully possessing, carrying, transporting, or storing
a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's rental unit;
(2) in a vehicle located in a parking area provided for
tenants or guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as
necessary to:
(A) enter or exit the tenant's rental unit;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased
premises or located in a parking area provided by the landlord for
tenants or guests.
SECTION 7. Subchapter F, Chapter 94, Property Code, is
amended by adding Section 94.257 to read as follows:
Sec. 94.257. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
LEASED PREMISES. Unless possession of a firearm or firearm
ammunition on a landlord's property is prohibited by state or
federal law, a landlord may not prohibit a tenant or a tenant's
guest from lawfully possessing, carrying, transporting, or storing
a firearm, any part of a firearm, or firearm ammunition:
(1) in the tenant's manufactured home;
(2) in a vehicle located in a parking area provided for
tenants or tenants' guests by the landlord of the leased premises;
or
(3) in other locations controlled by the landlord as
necessary to:
(A) enter or exit the tenant's manufactured home;
(B) enter or exit the leased premises; or
(C) enter or exit a vehicle on the leased
premises or located in a parking area provided by the landlord for
tenants or tenants' guests.
SECTION 8. Sections 30.05, 30.06, and 30.07, Penal Code, as
amended by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 9. Sections 92.026 and 94.257, Property Code, as
added by this Act, do not affect the enforceability of a provision
in a lease agreement entered into or renewed before the effective
date of this Act.
SECTION 10. This Act takes effect September 1, 2019.
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