Texas 2019 - 86th Regular

Texas Senate Bill SB472 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2431 PMO-D
2	2	By: Hughes S.B. No. 472
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying, storage, or possession of a firearm or
8	8	firearm ammunition by certain persons on certain residential or
9	9	commercial property.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 30.05, Penal Code, is amended by adding
12	12	Subsections (f-1) and (f-2) to read as follows:
13	13	(f-1) It is an exception to the application of this section
14	14	that:
15	15	(1) the basis on which entry on the property was
16	16	forbidden is that entry with a firearm or firearm ammunition was
17	17	forbidden;
18	18	(2) the actor is:
19	19	(A) an owner of an apartment in a condominium
20	20	regime governed by Chapter 81, Property Code;
21	21	(B) an owner of a condominium unit governed by
22	22	Chapter 82, Property Code;
23	23	(C) a tenant or guest of an owner described by
24	24	Paragraph (A) or (B); or
25	25	(D) a guest of a tenant of an owner described by
26	26	Paragraph (A) or (B);
27	27	(3) the actor:
28	28	(A) carries or stores a firearm or firearm
29	29	ammunition in the condominium apartment or unit owner's apartment
30	30	or unit;
31	31	(B) carries a firearm or firearm ammunition
32	32	directly en route to or from the condominium apartment or unit
33	33	owner's apartment or unit;
34	34	(C) carries a firearm or firearm ammunition
35	35	directly en route to or from the actor's vehicle located in a
36	36	parking area provided for residents or guests of the condominium
37	37	property; or
38	38	(D) carries or stores a firearm or firearm
39	39	ammunition in the actor's vehicle located in a parking area
40	40	provided for residents or guests of the condominium property; and
41	41	(4) the actor is not otherwise prohibited by law from
42	42	possessing a firearm or firearm ammunition.
43	43	(f-2) It is an exception to the application of this section
44	44	that:
45	45	(1) the basis on which entry on a leased premises
46	46	governed by Chapter 92 or 93, Property Code, was forbidden is that
47	47	entry with a firearm or firearm ammunition was forbidden;
48	48	(2) the actor is a tenant of the leased premises or the
49	49	tenant's guest;
50	50	(3) the actor:
51	51	(A) carries or stores a firearm or firearm
52	52	ammunition in the tenant's rental unit;
53	53	(B) carries a firearm or firearm ammunition
54	54	directly en route to or from the tenant's rental unit;
55	55	(C) carries a firearm or firearm ammunition
56	56	directly en route to or from the actor's vehicle located in a
57	57	parking area provided for tenants or guests by the landlord of the
58	58	leased premises; or
59	59	(D) carries or stores a firearm or firearm
60	60	ammunition in the actor's vehicle located in a parking area
61	61	provided for tenants or guests by the landlord of the leased
62	62	premises; and
63	63	(4) the actor is not otherwise prohibited by law from
64	64	possessing a firearm or firearm ammunition.
65	65	SECTION 2. Section 30.06, Penal Code, is amended by adding
66	66	Subsections (e-1) and (e-2) to read as follows:
67	67	(e-1) It is an exception to the application of this section
68	68	that:
69	69	(1) the license holder is:
70	70	(A) an owner of an apartment in a condominium
71	71	regime governed by Chapter 81, Property Code;
72	72	(B) an owner of a condominium unit governed by
73	73	Chapter 82, Property Code;
74	74	(C) a tenant or guest of an owner described by
75	75	Paragraph (A) or (B); or
76	76	(D) a guest of a tenant of an owner described by
77	77	Paragraph (A) or (B); and
78	78	(2) the license holder:
79	79	(A) carries or stores a handgun in the
80	80	condominium apartment or unit owner's apartment or unit;
81	81	(B) carries a handgun directly en route to or
82	82	from the condominium apartment or unit owner's apartment or unit;
83	83	(C) carries a handgun directly en route to or
84	84	from the license holder's vehicle located in a parking area
85	85	provided for residents or guests of the condominium property; or
86	86	(D) carries or stores a handgun in the license
87	87	holder's vehicle located in a parking area provided for residents
88	88	or guests of the condominium property.
89	89	(e-2) It is an exception to the application of this section
90	90	that:
91	91	(1) the license holder is a tenant of a leased premises
92	92	governed by Chapter 92 or 93, Property Code, or the tenant's guest;
93	93	and
94	94	(2) the license holder:
95	95	(A) carries or stores a handgun in the tenant's
96	96	rental unit;
97	97	(B) carries a handgun directly en route to or
98	98	from the tenant's rental unit;
99	99	(C) carries a handgun directly en route to or
100	100	from the license holder's vehicle located in a parking area
101	101	provided for tenants or guests by the landlord of the leased
102	102	premises; or
103	103	(D) carries or stores a handgun in the license
104	104	holder's vehicle located in a parking area provided for tenants or
105	105	guests by the landlord of the leased premises.
106	106	SECTION 3. Section 30.07, Penal Code, is amended by adding
107	107	Subsections (e-1) and (e-2) to read as follows:
108	108	(e-1) It is an exception to the application of this section
109	109	that:
110	110	(1) the license holder is:
111	111	(A) an owner of an apartment in a condominium
112	112	regime governed by Chapter 81, Property Code;
113	113	(B) an owner of a condominium unit governed by
114	114	Chapter 82, Property Code;
115	115	(C) a tenant or guest of an owner described by
116	116	Paragraph (A) or (B); or
117	117	(D) a guest of a tenant of an owner described by
118	118	Paragraph (A) or (B); and
119	119	(2) the license holder:
120	120	(A) carries or stores a handgun in the
121	121	condominium apartment or unit owner's apartment or unit;
122	122	(B) carries a handgun directly en route to or
123	123	from the condominium apartment or unit owner's apartment or unit;
124	124	(C) carries a handgun directly en route to or
125	125	from the license holder's vehicle located in a parking area
126	126	provided for residents or guests of the condominium property; or
127	127	(D) carries or stores a handgun in the license
128	128	holder's vehicle located in a parking area provided for residents
129	129	or guests of the condominium property.
130	130	(e-2) It is an exception to the application of this section
131	131	that:
132	132	(1) the license holder is a tenant of a leased premises
133	133	governed by Chapter 92 or 93, Property Code, or the tenant's guest;
134	134	and
135	135	(2) the license holder:
136	136	(A) carries or stores a handgun in the tenant's
137	137	rental unit;
138	138	(B) carries a handgun directly en route to or
139	139	from the tenant's rental unit;
140	140	(C) carries a handgun directly en route to or
141	141	from the license holder's vehicle located in a parking area
142	142	provided for tenants or guests by the landlord of the leased
143	143	premises; or
144	144	(D) carries or stores a handgun in the license
145	145	holder's vehicle located in a parking area provided for tenants or
146	146	guests by the landlord of the leased premises.
147	147	SECTION 4. Section 82.002, Property Code, is amended by
148	148	adding Subsection (c-1) to read as follows:
149	149	(c-1) Section 82.121 applies to a condominium for which the
150	150	declaration was recorded before January 1, 1994.
151	151	SECTION 5. Subchapter C, Chapter 82, Property Code, is
152	152	amended by adding Section 82.121 to read as follows:
153	153	Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
154	154	CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or
155	155	firearm ammunition on condominium property is prohibited by state
156	156	or federal law, a condominium unit owner, or a tenant or guest of a
157	157	condominium unit owner, or a guest of a tenant of a condominium unit
158	158	owner may not be prohibited from lawfully possessing, carrying,
159	159	transporting, or storing a firearm, any part of a firearm, or
160	160	firearm ammunition:
161	161	(1) in the condominium unit owner's unit;
162	162	(2) in a vehicle located in a parking area provided for
163	163	the residents or guests of the condominium property; or
164	164	(3) in other common element locations as necessary to:
165	165	(A) enter or exit the condominium property;
166	166	(B) enter or exit the condominium unit owner's
167	167	unit; or
168	168	(C) enter or exit a vehicle on the condominium
169	169	property or located in a parking area provided for residents or
170	170	guests of the condominium property.
171	171	(b) This section applies notwithstanding any provision of a
172	172	dedicatory instrument to the contrary and regardless of the date of
173	173	the provision's adoption.
174	174	SECTION 6. Subchapter A, Chapter 92, Property Code, is
175	175	amended by adding Section 92.026 to read as follows:
176	176	Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION
177	177	ON LEASED PREMISES. Unless possession of a firearm or firearm
178	178	ammunition on a landlord's property is prohibited by state or
179	179	federal law, a landlord may not prohibit a tenant or a tenant's
180	180	guest from lawfully possessing, carrying, transporting, or storing
181	181	a firearm, any part of a firearm, or firearm ammunition:
182	182	(1) in the tenant's rental unit;
183	183	(2) in a vehicle located in a parking area provided for
184	184	tenants or guests by the landlord of the leased premises; or
185	185	(3) in other locations controlled by the landlord as
186	186	necessary to:
187	187	(A) enter or exit the tenant's rental unit;
188	188	(B) enter or exit the leased premises; or
189	189	(C) enter or exit a vehicle on the leased
190	190	premises or located in a parking area provided by the landlord for
191	191	tenants or guests.
192	192	SECTION 7. Chapter 93, Property Code, is amended by adding
193	193	Section 93.014 to read as follows:
194	194	Sec. 93.014. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
195	195	LEASED PREMISES. Unless possession of a firearm or firearm
196	196	ammunition on a landlord's property is prohibited by state or
197	197	federal law, a landlord may not prohibit a tenant or a tenant's
198	198	guest from lawfully possessing, carrying, transporting, or storing
199	199	a firearm, any part of a firearm, or firearm ammunition:
200	200	(1) on the tenant's leased premises;
201	201	(2) in a vehicle located in a parking area provided for
202	202	tenants or guests by the landlord of the leased premises; or
203	203	(3) in other locations controlled by the landlord as
204	204	necessary to:
205	205	(A) enter or exit the tenant's leased premises;
206	206	(B) enter or exit the leased premises; or
207	207	(C) enter or exit a vehicle on the leased
208	208	premises or located in a parking area provided by the landlord for
209	209	tenants or guests.
210	210	SECTION 8. Sections 30.05, 30.06, and 30.07, Penal Code, as
211	211	amended by this Act, apply only to an offense committed on or after
212	212	the effective date of this Act. An offense committed before the
213	213	effective date of this Act is governed by the law in effect on the
214	214	date the offense was committed, and the former law is continued in
215	215	effect for that purpose. For purposes of this section, an offense
216	216	was committed before the effective date of this Act if any element
217	217	of the offense occurred before that date.
218	218	SECTION 9. Sections 92.026 and 93.014, Property Code, as
219	219	added by this Act, do not affect the enforceability of a provision
220	220	in a lease agreement entered into or renewed before the effective
221	221	date of this Act.
222	222	SECTION 10. This Act takes effect September 1, 2019.