Texas 2021 - 87th Regular

Texas House Bill HB1238 Compare Versions

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

Old	New	Differences
1	1	87R3676 JSC-F
2	2	By: Biedermann H.B. No. 1238
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions governing the carrying of a firearm by a
8	8	person who is not otherwise prohibited by state or federal law from
9	9	possessing the firearm and to other provisions related to the
10	10	carrying, possessing, transporting, or storing of a firearm.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act shall be known as the Texas
13	13	Constitutional Carry Act of 2021.
14	14	SECTION 2. The heading to Section 46.02, Penal Code, is
15	15	amended to read as follows:
16	16	Sec. 46.02. UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED
17	17	WEAPONS.
18	18	SECTION 3. Section 46.02(b), Penal Code, is amended to read
19	19	as follows:
20	20	(b) An [Except as provided by Subsection (c) or (d), an]
21	21	offense under this section is a Class C [A] misdemeanor.
22	22	SECTION 4. Sections 46.03(a), (e-1), (e-2), and (f), Penal
23	23	Code, are amended to read as follows:
24	24	(a) A person commits an offense if the person intentionally,
25	25	knowingly, or recklessly possesses or goes with a firearm,
26	26	location-restricted knife, club, or prohibited weapon listed in
27	27	Section 46.05(a):
28	28	(1) on the physical premises of a school or
29	29	educational institution, any grounds or building on which an
30	30	activity sponsored by a school or educational institution is being
31	31	conducted, or a passenger transportation vehicle of a school or
32	32	educational institution, whether the school or educational
33	33	institution is public or private, unless:
34	34	(A) pursuant to written regulations or written
35	35	authorization of the institution; or
36	36	(B) the person is not otherwise prohibited by law
37	37	from possessing a firearm and possesses or goes with a [concealed]
38	38	handgun [that the person is licensed to carry under Subchapter H,
39	39	Chapter 411, Government Code, and no other weapon to which this
40	40	section applies,] on the premises of an institution of higher
41	41	education or private or independent institution of higher
42	42	education, on any grounds or building on which an activity
43	43	sponsored by the institution is being conducted, or in a passenger
44	44	transportation vehicle of the institution;
45	45	(2) on the premises of a polling place on the day of an
46	46	election or while early voting is in progress;
47	47	(3) on the premises of any government court or offices
48	48	utilized by the court, unless pursuant to written regulations or
49	49	written authorization of the court;
50	50	(4) on the premises of a racetrack;
51	51	(5) in or into a secured area of an airport; or
52	52	(6) within 1,000 feet of premises the location of
53	53	which is designated by the Texas Department of Criminal Justice as a
54	54	place of execution under Article 43.19, Code of Criminal Procedure,
55	55	on a day that a sentence of death is set to be imposed on the
56	56	designated premises and the person received notice that:
57	57	(A) going within 1,000 feet of the premises with
58	58	a weapon listed under this subsection was prohibited; or
59	59	(B) possessing a weapon listed under this
60	60	subsection within 1,000 feet of the premises was prohibited.
61	61	(e-1) It is a defense to prosecution under Subsection (a)(5)
62	62	that the actor:
63	63	(1) possessed, at the screening checkpoint for the
64	64	secured area, a [concealed] handgun that the actor was not
65	65	otherwise prohibited by state or federal law from possessing
66	66	[licensed to carry under Subchapter H, Chapter 411, Government
67	67	Code]; and
68	68	(2) exited the screening checkpoint for the secured
69	69	area immediately on [upon] completion of the required screening
70	70	processes and notification that the actor possessed the handgun.
71	71	(e-2) A peace officer investigating conduct that may
72	72	constitute an offense under Subsection (a)(5) and that consists
73	73	only of an actor's possession of a [concealed] handgun that the
74	74	actor is not otherwise prohibited by state or federal law from
75	75	possessing [licensed to carry under Subchapter H, Chapter 411,
76	76	Government Code,] may not arrest the actor for the offense unless:
77	77	(1) the officer advises the actor of the defense
78	78	available under Subsection (e-1) and gives the actor an opportunity
79	79	to exit the screening checkpoint for the secured area; and
80	80	(2) the actor does not immediately exit the checkpoint
81	81	on [upon] completion of the required screening processes.
82	82	(f) Except as provided by Subsection (e-1), it is not a
83	83	defense to prosecution under this section that the actor possessed
84	84	a handgun and was:
85	85	(1) licensed to carry a handgun under Subchapter H,
86	86	Chapter 411, Government Code; or
87	87	(2) not otherwise prohibited by state or federal law
88	88	from possessing a firearm.
89	89	SECTION 5. Chapter 46, Penal Code, is amended by adding
90	90	Section 46.032 to read as follows:
91	91	Sec. 46.032. CARRYING OF HANDGUN. Except as otherwise
92	92	provided by this chapter or other law, a person who is not otherwise
93	93	prohibited from possessing a firearm under Section 46.04 of this
94	94	code, 18 U.S.C. Section 922, or other law:
95	95	(1) is not prohibited from carrying a concealed
96	96	handgun or a partially or wholly visible handgun in a holster; and
97	97	(2) may not be required to obtain or hold a license for
98	98	that purpose.
99	99	SECTION 6. The heading to Section 46.035, Penal Code, is
100	100	amended to read as follows:
101	101	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
102	102	HOLDER].
103	103	SECTION 7. Sections 46.035(a), (a-2), (a-3), (b), (c), (d),
104	104	(h), and (j), Penal Code, are amended to read as follows:
105	105	(a) A person [license holder] commits an offense if the
106	106	person [license holder] carries a handgun [on or about the license
107	107	holder's person under the authority of Subchapter H, Chapter 411,
108	108	Government Code,] and intentionally displays the handgun in plain
109	109	view of another person in a public place. It is an exception to the
110	110	application of this subsection that the handgun was partially or
111	111	wholly visible but was carried in a [shoulder or belt] holster [by
112	112	the license holder].
113	113	(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
114	114	person [license holder] commits an offense if the person [license
115	115	holder] carries a handgun on the campus of a private or independent
116	116	institution of higher education in this state that has established
117	117	rules, regulations, or other provisions prohibiting a person
118	118	[license holders] from carrying a handgun under [handguns pursuant
119	119	to] Section 51.992(h), Education [411.2031(e), Government] Code,
120	120	or on the grounds or building on which an activity sponsored by the
121	121	[such an] institution is being conducted, or in a passenger
122	122	transportation vehicle of the [such an] institution, regardless of
123	123	whether the handgun is concealed or carried in a holster, provided
124	124	the institution gives effective notice under Section 30.06 or
125	125	30.07, as applicable.
126	126	(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a
127	127	person [license holder] commits an offense if the person [license
128	128	holder] intentionally carries a [concealed] handgun on a portion of
129	129	a premises located on the campus of an institution of higher
130	130	education in this state on which the carrying of a [concealed]
131	131	handgun is prohibited by rules, regulations, or other provisions
132	132	established under Section 51.992(d), Education [411.2031(d-1),
133	133	Government] Code, provided the institution gives effective notice
134	134	under Section 30.06 or 30.07, as applicable, with respect to that
135	135	portion.
136	136	(b) A person [license holder] commits an offense if the
137	137	person [license holder] intentionally, knowingly, or recklessly
138	138	carries a handgun [under the authority of Subchapter H, Chapter
139	139	411, Government Code], regardless of whether the handgun is
140	140	concealed or carried in a [shoulder or belt] holster[, on or about
141	141	the license holder's person]:
142	142	(1) on the premises of a business that has a permit or
143	143	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
144	144	Beverage Code, if the business derives 51 percent or more of its
145	145	income from the sale or service of alcoholic beverages for
146	146	on-premises consumption, as determined by the Texas Alcoholic
147	147	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
148	148	(2) on the premises where a high school, collegiate,
149	149	or professional sporting event or interscholastic event is taking
150	150	place, unless the person [license holder] is a participant in the
151	151	event and a handgun is used in the event;
152	152	(3) on the premises of a correctional facility;
153	153	(4) on the premises of a hospital licensed under
154	154	Chapter 241, Health and Safety Code, or on the premises of a nursing
155	155	facility licensed under Chapter 242, Health and Safety Code, unless
156	156	the person [license holder] has written authorization of the
157	157	hospital or nursing facility administration, as appropriate;
158	158	(5) in an amusement park; or
159	159	(6) on the premises of a civil commitment facility.
160	160	(c) A person [license holder] commits an offense if:
161	161	(1) the person [license holder] intentionally,
162	162	knowingly, or recklessly carries a handgun [under the authority of
163	163	Subchapter H, Chapter 411, Government Code], regardless of whether
164	164	the handgun is concealed or carried in a [shoulder or belt] holster,
165	165	in the room or rooms where a meeting of a governmental entity is
166	166	held; and
167	167	(2) [if] the meeting described by Subdivision (1) is
168	168	an open meeting subject to Chapter 551, Government Code, and the
169	169	entity provided notice as required by that chapter.
170	170	(d) A person [license holder] commits an offense if the
171	171	person[, while intoxicated, the license holder] carries a handgun
172	172	while the person is intoxicated [under the authority of Subchapter
173	173	H, Chapter 411, Government Code], regardless of whether the handgun
174	174	is concealed or carried in a [shoulder or belt] holster.
175	175	(h) It is a defense to prosecution under Subsection (a),
176	176	[(a-1),] (a-2), or (a-3) that the actor, at the time of the
177	177	commission of the offense, displayed the handgun under
178	178	circumstances in which the actor would have been justified in the
179	179	use of force or deadly force under Chapter 9.
180	180	(j) Subsections (a), [(a-1),] (a-2), (a-3), and (b)(1) do
181	181	not apply to a historical reenactment performed in compliance with
182	182	the rules of the Texas Alcoholic Beverage Commission.
183	183	SECTION 8. Section 46.02(a-1), Penal Code, is transferred
184	184	to Section 46.035, Penal Code, redesignated as Section 46.035(d-1),
185	185	Penal Code, and amended to read as follows:
186	186	(d-1) [(a-1)] A person commits an offense if the person
187	187	intentionally, knowingly, or recklessly carries [on or about his or
188	188	her person] a handgun, regardless of whether the handgun is
189	189	concealed or carried in a holster, [in a motor vehicle or watercraft
190	190	that is owned by the person or under the person's control] at any
191	191	time in which[:
192	192	[(1) the handgun is in plain view, unless the person is
193	193	licensed to carry a handgun under Subchapter H, Chapter 411,
194	194	Government Code, and the handgun is carried in a shoulder or belt
195	195	holster; or
196	196	[(2)] the person is:
197	197	(1) [(A)] engaged in criminal activity, other than a
198	198	Class C misdemeanor that is a violation of a law or ordinance
199	199	regulating traffic or boating; or
200	200	(2) otherwise [(B)] prohibited by law from possessing
201	201	a firearm[; or
202	202	[(C) a member of a criminal street gang, as defined by
203	203	Section 71.01].
204	204	SECTION 9. Section 46.035(f), Penal Code, is amended by
205	205	adding Subdivision (1-b) to read as follows:
206	206	(1-b) "Intoxicated" has the meaning assigned by
207	207	Section 49.01.
208	208	SECTION 10. Sections 46.15(a), (h), and (l), Penal Code,
209	209	are amended to read as follows:
210	210	(a) Sections [46.02 and] 46.03 and 46.035(b) and (c) do not
211	211	apply to:
212	212	(1) peace officers or special investigators under
213	213	Article 2.122, Code of Criminal Procedure, and none of those
214	214	sections prohibit [neither section prohibits] a peace officer or
215	215	special investigator from carrying a weapon in this state,
216	216	including in an establishment in this state serving the public,
217	217	regardless of whether the peace officer or special investigator is
218	218	engaged in the actual discharge of the officer's or investigator's
219	219	duties while carrying the weapon;
220	220	(2) parole officers, and none of those sections
221	221	prohibit [neither section prohibits] an officer from carrying a
222	222	weapon in this state if the officer is:
223	223	(A) engaged in the actual discharge of the
224	224	officer's duties while carrying the weapon; and
225	225	(B) in compliance with policies and procedures
226	226	adopted by the Texas Department of Criminal Justice regarding the
227	227	possession of a weapon by an officer while on duty;
228	228	(3) community supervision and corrections department
229	229	officers appointed or employed under Section 76.004, Government
230	230	Code, and none of those sections prohibit [neither section
231	231	prohibits] an officer from carrying a weapon in this state if the
232	232	officer is:
233	233	(A) engaged in the actual discharge of the
234	234	officer's duties while carrying the weapon; and
235	235	(B) authorized to carry a weapon under Section
236	236	76.0051, Government Code;
237	237	(4) an active judicial officer as defined by Section
238	238	411.201, Government Code, who is licensed to carry a handgun under
239	239	Subchapter H, Chapter 411, Government Code;
240	240	(5) an honorably retired peace officer or other
241	241	qualified retired law enforcement officer, as defined by 18 U.S.C.
242	242	Section 926C, who holds a certificate of proficiency issued under
243	243	Section 1701.357, Occupations Code, and is carrying a photo
244	244	identification that is issued by a federal, state, or local law
245	245	enforcement agency, as applicable, and that verifies that the
246	246	officer is an honorably retired peace officer or other qualified
247	247	retired law enforcement officer;
248	248	(6) the attorney general or a United States attorney,
249	249	district attorney, criminal district attorney, county attorney, or
250	250	municipal attorney who is licensed to carry a handgun under
251	251	Subchapter H, Chapter 411, Government Code;
252	252	(7) an assistant United States attorney, assistant
253	253	attorney general, assistant district attorney, assistant criminal
254	254	district attorney, or assistant county attorney who is licensed to
255	255	carry a handgun under Subchapter H, Chapter 411, Government Code;
256	256	(8) a bailiff designated by an active judicial officer
257	257	as defined by Section 411.201, Government Code, who is:
258	258	(A) licensed to carry a handgun under Subchapter
259	259	H, Chapter 411, Government Code; and
260	260	(B) engaged in escorting the judicial officer;
261	261	(9) a juvenile probation officer who is authorized to
262	262	carry a firearm under Section 142.006, Human Resources Code; [or]
263	263	(10) a person who is volunteer emergency services
264	264	personnel if the person is:
265	265	(A) licensed to carry [carrying] a handgun under
266	266	[the authority of] Subchapter H, Chapter 411, Government Code; and
267	267	(B) engaged in providing emergency services; or
268	268	(11) a judge or justice of a federal court who is
269	269	licensed to carry a handgun under Subchapter H, Chapter 411,
270	270	Government Code.
271	271	(h) The provisions of Section [Sections 46.02 and] 46.03
272	272	prohibiting the possession or carrying of a club do not apply to a
273	273	code enforcement officer who:
274	274	(1) holds a certificate of registration issued under
275	275	Chapter 1952, Occupations Code; and
276	276	(2) possesses or carries an instrument used
277	277	specifically for deterring an animal bite while the officer is:
278	278	(A) performing official duties; or
279	279	(B) traveling to or from a place of duty.
280	280	(l) Sections [46.02,] 46.03(a)(1), (a)(2), (a)(3), and
281	281	(a)(4), and 46.035(a), [(a-1),] (a-2), (a-3), (b)(1), (b)(5), and
282	282	(b)(6) do not apply to a person who carries a handgun if:
283	283	(1) the person carries the handgun on the premises, as
284	284	defined by the statute providing the applicable offense, of a
285	285	location operating as an emergency shelter during a state of
286	286	disaster declared under Section 418.014, Government Code, or a
287	287	local state of disaster declared under Section 418.108, Government
288	288	Code;
289	289	(2) the owner, controller, or operator of the premises
290	290	or a person acting with the apparent authority of the owner,
291	291	controller, or operator, authorized the carrying of the handgun;
292	292	(3) the person carrying the handgun complies with any
293	293	rules and regulations of the owner, controller, or operator of the
294	294	premises that govern the carrying of a handgun on the premises; and
295	295	(4) the person is not prohibited by state or federal
296	296	law from possessing a firearm.
297	297	SECTION 11. Chapter 507, Business & Commerce Code, is
298	298	amended to read as follows:
299	299	CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
300	300	VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
301	301	Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
302	302	AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
303	303	holder of a [concealed] handgun license issued under Subchapter H,
304	304	Chapter 411, Government Code, access to goods, services, or
305	305	facilities, except as provided by Section 521.460, Transportation
306	306	Code, or in regard to the operation of a motor vehicle, because the
307	307	holder has or presents a [concealed] handgun license rather than a
308	308	driver's license or other acceptable form of personal
309	309	identification.
310	310	(b) This section does not affect[:
311	311	[(1) the requirement under Section 411.205,
312	312	Government Code, that a person subject to that section present a
313	313	driver's license or identification certificate in addition to a
314	314	concealed handgun license; or
315	315	[(2)] the types of identification required under
316	316	federal law to access airport premises or pass through airport
317	317	security.
318	318	SECTION 12. Section 95A.0001, Civil Practice and Remedies
319	319	Code, is amended to read as follows:
320	320	Sec. 95A.0001. EVIDENCE OF FAILURE TO FORBID HANDGUNS. The
321	321	fact that a card, sign, or other document described by Section
322	322	30.06(c)(2) [30.06(c)(3)] or 30.07(c)(2) [30.07(c)(3)], Penal
323	323	Code, is not posted on the property of a business or any other
324	324	evidence that a person failed to exercise the person's option to
325	325	forbid the carrying of a handgun [by a license holder] on the
326	326	property:
327	327	(1) is not admissible as evidence in a trial on the
328	328	merits in an action:
329	329	(A) against a person, including a business or
330	330	other entity, who owns, controls, or manages the property; and
331	331	(B) in which the cause of action arises from an
332	332	injury sustained on the property; and
333	333	(2) does not support a cause of action described by
334	334	Subdivision (1) against a person described by that subdivision.
335	335	SECTION 13. Section 125.0015(a), Civil Practice and
336	336	Remedies Code, is amended to read as follows:
337	337	(a) A person who maintains a place to which persons
338	338	habitually go for the following purposes and who knowingly
339	339	tolerates the activity and furthermore fails to make reasonable
340	340	attempts to abate the activity maintains a common nuisance:
341	341	(1) discharge of a firearm in a public place as
342	342	prohibited by the Penal Code;
343	343	(2) reckless discharge of a firearm as prohibited by
344	344	the Penal Code;
345	345	(3) engaging in organized criminal activity as a
346	346	member of a combination as prohibited by the Penal Code;
347	347	(4) delivery, possession, manufacture, or use of a
348	348	substance or other item in violation of Chapter 481, Health and
349	349	Safety Code;
350	350	(5) gambling, gambling promotion, or communicating
351	351	gambling information as prohibited by the Penal Code;
352	352	(6) prostitution, promotion of prostitution, or
353	353	aggravated promotion of prostitution as prohibited by the Penal
354	354	Code;
355	355	(7) compelling prostitution as prohibited by the Penal
356	356	Code;
357	357	(8) commercial manufacture, commercial distribution,
358	358	or commercial exhibition of obscene material as prohibited by the
359	359	Penal Code;
360	360	(9) aggravated assault as described by Section 22.02,
361	361	Penal Code;
362	362	(10) sexual assault as described by Section 22.011,
363	363	Penal Code;
364	364	(11) aggravated sexual assault as described by Section
365	365	22.021, Penal Code;
366	366	(12) robbery as described by Section 29.02, Penal
367	367	Code;
368	368	(13) aggravated robbery as described by Section 29.03,
369	369	Penal Code;
370	370	(14) unlawfully carrying a weapon as described by
371	371	Section 46.02, Penal Code, or unlawfully carrying a firearm as
372	372	described by Section 46.03 or 46.035, Penal Code;
373	373	(15) murder as described by Section 19.02, Penal Code;
374	374	(16) capital murder as described by Section 19.03,
375	375	Penal Code;
376	376	(17) continuous sexual abuse of young child or
377	377	children as described by Section 21.02, Penal Code;
378	378	(18) massage therapy or other massage services in
379	379	violation of Chapter 455, Occupations Code;
380	380	(19) employing a minor at a sexually oriented business
381	381	as defined by Section 243.002, Local Government Code;
382	382	(20) trafficking of persons as described by Section
383	383	20A.02, Penal Code;
384	384	(21) sexual conduct or performance by a child as
385	385	described by Section 43.25, Penal Code;
386	386	(22) employment harmful to a child as described by
387	387	Section 43.251, Penal Code;
388	388	(23) criminal trespass as described by Section 30.05,
389	389	Penal Code;
390	390	(24) disorderly conduct as described by Section 42.01,
391	391	Penal Code;
392	392	(25) arson as described by Section 28.02, Penal Code;
393	393	(26) criminal mischief as described by Section 28.03,
394	394	Penal Code, that causes a pecuniary loss of $500 or more; or
395	395	(27) a graffiti offense in violation of Section 28.08,
396	396	Penal Code.
397	397	SECTION 14. Section 37.005(c), Education Code, is amended
398	398	to read as follows:
399	399	(c) A student who is enrolled in a grade level below grade
400	400	three may not be placed in out-of-school suspension unless while on
401	401	school property or while attending a school-sponsored or
402	402	school-related activity on or off of school property, the student
403	403	engages in:
404	404	(1) conduct that contains the elements of an offense
405	405	related to weapons under Section 46.02 or 46.05, Penal Code, or to
406	406	firearms under Section 46.03 or 46.035, Penal Code;
407	407	(2) conduct that contains the elements of a violent
408	408	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
409	409	or
410	410	(3) selling, giving, or delivering to another person
411	411	or possessing, using, or being under the influence of any amount of:
412	412	(A) marihuana or a controlled substance, as
413	413	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
414	414	Section 801 et seq.;
415	415	(B) a dangerous drug, as defined by Chapter 483,
416	416	Health and Safety Code; or
417	417	(C) an alcoholic beverage, as defined by Section
418	418	1.04, Alcoholic Beverage Code.
419	419	SECTION 15. Section 37.007(a), Education Code, is amended
420	420	to read as follows:
421	421	(a) Except as provided by Subsection (k), a student shall be
422	422	expelled from a school if the student, on school property or while
423	423	attending a school-sponsored or school-related activity on or off
424	424	of school property:
425	425	(1) engages in conduct that contains the elements of
426	426	[the offense of unlawfully carrying weapons under Section 46.02,
427	427	Penal Code, or elements of] an offense relating to [prohibited]
428	428	weapons under Section 46.02 or 46.05, Penal Code, or to firearms
429	429	under Section 46.03 or 46.035, Penal Code;
430	430	(2) engages in conduct that contains the elements of
431	431	the offense of:
432	432	(A) aggravated assault under Section 22.02,
433	433	Penal Code, sexual assault under Section 22.011, Penal Code, or
434	434	aggravated sexual assault under Section 22.021, Penal Code;
435	435	(B) arson under Section 28.02, Penal Code;
436	436	(C) murder under Section 19.02, Penal Code,
437	437	capital murder under Section 19.03, Penal Code, or criminal
438	438	attempt, under Section 15.01, Penal Code, to commit murder or
439	439	capital murder;
440	440	(D) indecency with a child under Section 21.11,
441	441	Penal Code;
442	442	(E) aggravated kidnapping under Section 20.04,
443	443	Penal Code;
444	444	(F) aggravated robbery under Section 29.03,
445	445	Penal Code;
446	446	(G) manslaughter under Section 19.04, Penal
447	447	Code;
448	448	(H) criminally negligent homicide under Section
449	449	19.05, Penal Code; or
450	450	(I) continuous sexual abuse of young child or
451	451	children under Section 21.02, Penal Code; or
452	452	(3) engages in conduct specified by Section
453	453	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
454	454	SECTION 16. The heading to Section 37.0815, Education Code,
455	455	is amended to read as follows:
456	456	Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND
457	457	AMMUNITION [BY LICENSE HOLDER] IN SCHOOL PARKING AREA.
458	458	SECTION 17. Section 37.0815(a), Education Code, is amended
459	459	to read as follows:
460	460	(a) A school district or open-enrollment charter school may
461	461	not prohibit a person, including a school employee, who is not
462	462	otherwise prohibited by law from possessing a firearm [holds a
463	463	license to carry a handgun under Subchapter H, Chapter 411,
464	464	Government Code,] from transporting or storing a handgun or other
465	465	firearm or ammunition in a locked, privately owned or leased motor
466	466	vehicle in a parking lot, parking garage, or other parking area
467	467	provided by the district or charter school and may not regulate the
468	468	manner in which the handgun, firearm, or ammunition is stored in the
469	469	vehicle, provided that the handgun, firearm, or ammunition is not
470	470	in plain view.
471	471	SECTION 18. Section 51.220(g), Education Code, is amended
472	472	to read as follows:
473	473	(g) A public junior college employee's status as a school
474	474	marshal becomes inactive on:
475	475	(1) expiration of the employee's school marshal
476	476	license under Section 1701.260, Occupations Code;
477	477	(2) suspension or revocation of the employee's license
478	478	to carry a [concealed] handgun issued under Subchapter H, Chapter
479	479	411, Government Code;
480	480	(3) termination of the employee's employment with the
481	481	public junior college; or
482	482	(4) notice from the governing board of the public
483	483	junior college that the employee's services as school marshal are
484	484	no longer required.
485	485	SECTION 19. Chapter 51, Education Code, is amended by
486	486	adding Subchapter Z-1, and a heading is added to that subchapter to
487	487	read as follows:
488	488	SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS
489	489	SECTION 20. Sections 411.2031 and 411.2032, Government
490	490	Code, are transferred to Subchapter Z-1, Chapter 51, Education
491	491	Code, as added by this Act, redesignated as Sections 51.991,
492	492	51.992, and 51.993, Education Code, and amended to read as follows:
493	493	Sec. 51.991. DEFINITIONS [411.2031. CARRYING OF HANDGUNS
494	494	BY LICENSE HOLDERS ON CERTAIN CAMPUSES]. [(a)] For purposes of
495	495	this subchapter [section]:
496	496	(1) "Campus" means all land and buildings owned or
497	497	leased by an institution of higher education or private or
498	498	independent institution of higher education.
499	499	(2) "Institution of higher education" and "private or
500	500	independent institution of higher education" have the meanings
501	501	assigned by Section 61.003[, Education Code].
502	502	(3) "Premises" has the meaning assigned by Section
503	503	46.035, Penal Code.
504	504	Sec. 51.992. CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a)
505	505	[(b)] A person who is not otherwise prohibited by law from
506	506	possessing a firearm [license holder] may carry a [concealed]
507	507	handgun in a concealed manner or in a holster [on or about the
508	508	license holder's person] while the person [license holder] is on
509	509	the campus of an institution of higher education or private or
510	510	independent institution of higher education in this state.
511	511	(b) [(c)] Except as provided by Subsection (c), (d),
512	512	[(d-1),] or (h) [(e)], an institution of higher education or
513	513	private or independent institution of higher education in this
514	514	state may not adopt any rule, regulation, or other provision
515	515	prohibiting a person who is not otherwise prohibited by law from
516	516	possessing a firearm [license holders] from carrying a handgun
517	517	[handguns] on the campus of the institution.
518	518	(c) [(d)] An institution of higher education or private or
519	519	independent institution of higher education in this state may
520	520	establish rules, regulations, or other provisions concerning the
521	521	storage of handguns in dormitories or other residential facilities
522	522	that are owned or leased and operated by the institution and located
523	523	on the campus of the institution.
524	524	(d) [(d-1)] After consulting with students, staff, and
525	525	faculty of the institution regarding the nature of the student
526	526	population, specific safety considerations, and the uniqueness of
527	527	the campus environment, the president or other chief executive
528	528	officer of an institution of higher education in this state shall
529	529	establish reasonable rules, regulations, or other provisions
530	530	regarding the carrying of [concealed] handguns [by license holders]
531	531	on the campus of the institution or on premises located on the
532	532	campus of the institution. The president or officer may not
533	533	establish provisions that generally prohibit or have the effect of
534	534	generally prohibiting a person who is not otherwise prohibited by
535	535	law from possessing a firearm [license holders] from carrying a
536	536	handgun [concealed handguns] on the campus of the institution. The
537	537	president or officer may amend the provisions as necessary for
538	538	campus safety. The provisions take effect as determined by the
539	539	president or officer unless subsequently amended by the board of
540	540	regents or other governing board under Subsection (e) [(d-2)]. The
541	541	institution must give effective notice under Section 30.06 or
542	542	30.07, Penal Code, as applicable, with respect to any portion of a
543	543	premises that is subject to provisions established by the
544	544	institution under this subsection [on which license holders may not
545	545	carry].
546	546	(e) [(d-2)] Not later than the 90th day after the date that
547	547	the rules, regulations, or other provisions are established as
548	548	described by Subsection (d) [(d-1)], the board of regents or other
549	549	governing board of the institution of higher education shall review
550	550	the provisions. The board of regents or other governing board may,
551	551	by a vote of not less than two-thirds of the board, amend wholly or
552	552	partly the provisions established under Subsection (d) [(d-1)]. If
553	553	amended under this subsection, the provisions are considered to be
554	554	those of the institution as established under Subsection (d)
555	555	[(d-1)].
556	556	(f) [(d-3)] An institution of higher education shall widely
557	557	distribute the rules, regulations, or other provisions described by
558	558	Subsection (d) [(d-1)] to the institution's students, staff, and
559	559	faculty, including by prominently publishing the provisions on the
560	560	institution's Internet website.
561	561	(g) [(d-4)] Not later than September 1 of each
562	562	even-numbered year, each institution of higher education in this
563	563	state shall submit a report to the legislature and to the standing
564	564	committees of the legislature with jurisdiction over the
565	565	implementation and continuation of this section that:
566	566	(1) describes its rules, regulations, or other
567	567	provisions regarding the carrying of [concealed] handguns on the
568	568	campus of the institution; and
569	569	(2) explains the reasons the institution has
570	570	established those provisions.
571	571	(h) [(e)] A private or independent institution of higher
572	572	education in this state, after consulting with students, staff, and
573	573	faculty of the institution, may establish rules, regulations, or
574	574	other provisions prohibiting a person, including a person who is
575	575	not otherwise prohibited by law from possessing a firearm, [license
576	576	holders] from carrying a handgun [handguns] on the campus of the
577	577	institution, any grounds or building on which an activity sponsored
578	578	by the institution is being conducted, or a passenger
579	579	transportation vehicle owned by the institution.
580	580	Sec. 51.993 [411.2032]. TRANSPORTATION AND STORAGE OF
581	581	FIREARMS AND AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON
582	582	CERTAIN CAMPUSES. [(a) For purposes of this section:
583	583	[(1) "Campus" means all land and buildings owned or
584	584	leased by an institution of higher education or private or
585	585	independent institution of higher education.
586	586	[(2) "Institution of higher education" and "private or
587	587	independent institution of higher education" have the meanings
588	588	assigned by Section 61.003, Education Code.
589	589	[(b)] An institution of higher education or private or
590	590	independent institution of higher education in this state may not
591	591	adopt or enforce any rule, regulation, or other provision or take
592	592	any other action, including posting notice under Section 30.06 or
593	593	30.07, Penal Code, prohibiting or placing restrictions on the
594	594	storage or transportation of a firearm or ammunition in a locked,
595	595	privately owned or leased motor vehicle by a person, including a
596	596	student enrolled at that institution, who is not otherwise
597	597	prohibited by law from possessing [holds a license to carry a
598	598	handgun under this subchapter and lawfully possesses] the firearm
599	599	or ammunition:
600	600	(1) on a street or driveway located on the campus of
601	601	the institution; or
602	602	(2) in a parking lot, parking garage, or other parking
603	603	area located on the campus of the institution.
604	604	SECTION 21. Subchapter Z-1, Chapter 51, Education Code, as
605	605	added by this Act, is amended by adding Section 51.994 to read as
606	606	follows:
607	607	Sec. 51.994. LIMITATION OF LIABILITY. (a) A cause of
608	608	action in damages may not be brought against an institution of
609	609	higher education, an officer or employee of an institution of
610	610	higher education, a private or independent institution of higher
611	611	education that has not adopted rules under Section 51.992(h), or an
612	612	officer or employee of a private or independent institution of
613	613	higher education that has not adopted rules under Section 51.992(h)
614	614	for damages caused by the actions of a person who carries a handgun
615	615	on the campus of the institution, any grounds or building on which
616	616	an activity sponsored by the institution is being conducted, or a
617	617	passenger transportation vehicle owned by the institution, and a
618	618	court may not hold such an institution, officer, or employee liable
619	619	for those damages.
620	620	(b) The immunities granted under Subsection (a) do not apply
621	621	to:
622	622	(1) an act or a failure to act by an institution of
623	623	higher education, an officer or employee of an institution of
624	624	higher education, a private or independent institution of higher
625	625	education that has not adopted rules under Section 51.992(h), or an
626	626	officer or employee of a private or independent institution of
627	627	higher education that has not adopted rules under Section 51.992(h)
628	628	if the act or failure to act was capricious or arbitrary; or
629	629	(2) any officer or employee of an institution of
630	630	higher education or private or independent institution of higher
631	631	education described by Subdivision (1) who possesses a handgun on
632	632	the campus of that institution and whose conduct with regard to the
633	633	handgun is made the basis of a claim for personal injury or property
634	634	damage.
635	635	SECTION 22. Section 231.302(c-1), Family Code, is amended
636	636	to read as follows:
637	637	(c-1) For purposes of issuing a license to carry a
638	638	[concealed] handgun under Subchapter H, Chapter 411, Government
639	639	Code, the Department of Public Safety is not required to request,
640	640	and an applicant is not required to provide, the applicant's social
641	641	security number.
642	642	SECTION 23. The heading to Subchapter H, Chapter 411,
643	643	Government Code, is amended to read as follows:
644	644	SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
645	645	RELATING TO CARRYING OF FIREARMS
646	646	SECTION 24. Section 411.179(c), Government Code, is amended
647	647	to read as follows:
648	648	(c) In adopting the form of the license under Subsection
649	649	(a), the department shall establish a procedure for the license of a
650	650	qualified handgun instructor or of the attorney general or a judge,
651	651	justice, United States attorney, assistant United States attorney,
652	652	assistant attorney general, prosecuting attorney, or assistant
653	653	prosecuting attorney, as described by Section 46.15(a)(4), (6),
654	654	[or] (7), or (11), Penal Code, to indicate on the license the
655	655	license holder's status as a qualified handgun instructor or as the
656	656	attorney general or a judge, justice, United States attorney,
657	657	assistant United States attorney, assistant attorney general,
658	658	prosecuting [district] attorney, or assistant prosecuting
659	659	[criminal district] attorney[, or county attorney]. In
660	660	establishing the procedure, the department shall require
661	661	sufficient documentary evidence to establish the license holder's
662	662	status under this subsection.
663	663	SECTION 25. Section 411.190(c), Government Code, is amended
664	664	to read as follows:
665	665	(c) In the manner applicable to a person who applies for a
666	666	license to carry a handgun, the department shall conduct a
667	667	background check of a person who applies for certification as a
668	668	qualified handgun instructor or approved online course provider.
669	669	If the background check indicates that the applicant for
670	670	certification would not qualify to receive a handgun license, the
671	671	department may not certify the applicant as a qualified handgun
672	672	instructor or approved online course provider. If the background
673	673	check indicates that the applicant for certification would qualify
674	674	to receive a handgun license, the department shall provide handgun
675	675	instructor or online course provider training to the applicant.
676	676	The applicant shall pay a fee of $100 to the department for the
677	677	training. The applicant must take and successfully complete the
678	678	training offered by the department and pay the training fee before
679	679	the department may certify the applicant as a qualified handgun
680	680	instructor or approved online course provider. The department
681	681	shall issue a license to carry a handgun under [the authority of]
682	682	this subchapter to any person who is certified as a qualified
683	683	handgun instructor or approved online course provider and who pays
684	684	to the department a fee of $40 in addition to the training fee. The
685	685	department by rule may prorate or waive the training fee for an
686	686	employee of another governmental entity.
687	687	SECTION 26. Section 411.200, Government Code, is amended to
688	688	read as follows:
689	689	Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
690	690	This subchapter does not exempt a license holder who is also
691	691	employed as a security officer and licensed under Chapter 1702,
692	692	Occupations Code, from the duty to comply with Chapter 1702,
693	693	Occupations Code, or from the duty to refrain from committing a
694	694	firearms offense under Chapter 46 [Section 46.02], Penal Code.
695	695	SECTION 27. Sections 411.201(c), (e), and (h), Government
696	696	Code, are amended to read as follows:
697	697	(c) An active judicial officer is eligible for a license to
698	698	carry a handgun under [the authority of] this subchapter. A retired
699	699	judicial officer is eligible for a license to carry a handgun under
700	700	[the authority of] this subchapter if the officer:
701	701	(1) has not been convicted of a felony;
702	702	(2) has not, in the five years preceding the date of
703	703	application, been convicted of a Class A or Class B misdemeanor or
704	704	equivalent offense;
705	705	(3) is not charged with the commission of a Class A or
706	706	Class B misdemeanor or equivalent offense or of a felony under an
707	707	information or indictment;
708	708	(4) is not a chemically dependent person; and
709	709	(5) is not a person of unsound mind.
710	710	(e) On receipt of all the application materials required by
711	711	this section, the department shall:
712	712	(1) if the applicant is an active judicial officer,
713	713	issue a license to carry a handgun under [the authority of] this
714	714	subchapter; or
715	715	(2) if the applicant is a retired judicial officer,
716	716	conduct an appropriate background investigation to determine the
717	717	applicant's eligibility for the license and, if the applicant is
718	718	eligible, issue a license to carry a handgun under [the authority
719	719	of] this subchapter.
720	720	(h) The department shall issue a license to carry a handgun
721	721	under [the authority of] this subchapter to a United States
722	722	attorney or an assistant United States attorney, or to an attorney
723	723	elected or employed to represent the state in the prosecution of
724	724	felony cases, who meets the requirements of this section for an
725	725	active judicial officer. The department shall waive any fee
726	726	required for the issuance of an original, duplicate, or renewed
727	727	license under this subchapter for an applicant who is a United
728	728	States attorney or an assistant United States attorney or who is an
729	729	attorney elected or employed to represent the state in the
730	730	prosecution of felony cases.
731	731	SECTION 28. Section 411.203, Government Code, is amended to
732	732	read as follows:
733	733	Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
734	734	does not prevent or otherwise limit the right of a public or private
735	735	employer to prohibit persons who are licensed under this subchapter
736	736	or not otherwise prohibited by state or federal law from possessing
737	737	a firearm from carrying a handgun or other firearm on the premises
738	738	of the business.
739	739	(b) In this section, "premises" has the meaning assigned by
740	740	Section 46.035(f) [46.035(f)(3)], Penal Code.
741	741	SECTION 29. Section 411.204(c), Government Code, is amended
742	742	to read as follows:
743	743	(c) The sign required under Subsections (a) and (b) must
744	744	give notice in both English and Spanish that it is unlawful for a
745	745	person, regardless of whether the person is licensed under this
746	746	subchapter, to carry a handgun on the premises. The sign must
747	747	appear in contrasting colors with block letters at least one inch in
748	748	height and must include on its face the number "51" printed in solid
749	749	red at least five inches in height. The sign shall be displayed in a
750	750	conspicuous manner clearly visible to the public.
751	751	SECTION 30. The heading to Section 411.206, Government
752	752	Code, is amended to read as follows:
753	753	Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
754	754	SECTION 31. Sections 411.206(a) and (c), Government Code,
755	755	are amended to read as follows:
756	756	(a) If a peace officer arrests and takes into custody a
757	757	person [license holder] who is carrying a handgun [under the
758	758	authority of this subchapter], the officer shall seize the person's
759	759	[license holder's] handgun. The peace officer also shall seize the
760	760	person's handgun [and] license as evidence if the person holds a
761	761	handgun license under this subchapter and is carrying the license
762	762	at the time of the arrest.
763	763	(c) Any judgment of conviction entered by any court for an
764	764	offense under Section 46.035, Penal Code, must contain the handgun
765	765	license number of the convicted person, if the person is a handgun
766	766	license holder. A certified copy of the judgment is conclusive and
767	767	sufficient evidence to justify revocation of a license under
768	768	Section 411.186(a)(4).
769	769	SECTION 32. Section 411.207, Government Code, is amended by
770	770	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
771	771	to read as follows:
772	772	(a) A peace officer who is acting in the lawful discharge of
773	773	the officer's official duties may disarm a person, including a
774	774	license holder, who is carrying a handgun at any time the officer
775	775	reasonably believes it is necessary for the protection of the
776	776	person [license holder], officer, or another individual. The peace
777	777	officer shall return the handgun to the person [license holder]
778	778	before discharging the person [license holder] from the scene if
779	779	the officer determines that the person:
780	780	(1) [license holder] is not a threat to the officer,
781	781	person [license holder], or another individual;
782	782	(2) [and if the license holder] has not violated any
783	783	provision of this subchapter or committed any other violation that
784	784	results in the arrest of the person; and
785	785	(3) is not prohibited from possessing a firearm
786	786	[license holder].
787	787	(a-1) A peace officer may not disarm or detain a person
788	788	under Subsection (a) solely because the person is carrying a
789	789	concealed or holstered handgun.
790	790	(b) A peace officer who is acting in the lawful discharge of
791	791	the officer's official duties may [temporarily] disarm a person
792	792	only temporarily, regardless of whether the person is a license
793	793	holder, when the person [a license holder] enters a nonpublic,
794	794	secure portion of a law enforcement facility. The[, if the] law
795	795	enforcement agency shall provide [provides] a gun locker where the
796	796	peace officer can secure the person's [license holder's] handgun.
797	797	The peace officer shall secure the handgun in the locker and shall
798	798	return the handgun to the person [license holder] immediately after
799	799	the person [license holder] leaves the nonpublic, secure portion of
800	800	the law enforcement facility.
801	801	(c) A law enforcement facility shall prominently display at
802	802	each entrance to a nonpublic, secure portion of the facility a sign
803	803	that gives notice in both English and Spanish that, under this
804	804	section, a peace officer may temporarily disarm a person,
805	805	regardless of whether the person is a license holder, when the
806	806	person [license holder] enters the nonpublic, secure portion of the
807	807	facility. The sign must appear in contrasting colors with block
808	808	letters at least one inch in height. The sign shall be displayed in
809	809	a clearly visible and conspicuous manner.
810	810	SECTION 33. Sections 411.208(a), (b), and (d), Government
811	811	Code, are amended to read as follows:
812	812	(a) A court may not hold the state, an agency or subdivision
813	813	of the state, an officer or employee of the state, [an institution
814	814	of higher education, an officer or employee of an institution of
815	815	higher education, a private or independent institution of higher
816	816	education that has not adopted rules under Section 411.2031(e), an
817	817	officer or employee of a private or independent institution of
818	818	higher education that has not adopted rules under Section
819	819	411.2031(e),] a peace officer, a qualified handgun instructor, or
820	820	an approved online course provider liable for damages caused by:
821	821	(1) an action authorized under this subchapter or a
822	822	failure to perform a duty imposed by this subchapter; or
823	823	(2) the actions of an applicant or license holder that
824	824	occur after the applicant has received a license or been denied a
825	825	license under this subchapter.
826	826	(b) A cause of action in damages may not be brought against
827	827	the state, an agency or subdivision of the state, an officer or
828	828	employee of the state, [an institution of higher education, an
829	829	officer or employee of an institution of higher education, a
830	830	private or independent institution of higher education that has not
831	831	adopted rules under Section 411.2031(e), an officer or employee of
832	832	a private or independent institution of higher education that has
833	833	not adopted rules under Section 411.2031(e),] a peace officer, a
834	834	qualified handgun instructor, or an approved online course provider
835	835	for any damage caused by the actions of an applicant or license
836	836	holder under this subchapter.
837	837	(d) The immunities granted under Subsections (a), (b), and
838	838	(c) do not apply to[:
839	839	[(1)] an act or a failure to act by the state, an
840	840	agency or subdivision of the state, an officer of the state, [an
841	841	institution of higher education, an officer or employee of an
842	842	institution of higher education, a private or independent
843	843	institution of higher education that has not adopted rules under
844	844	Section 411.2031(e), an officer or employee of a private or
845	845	independent institution of higher education that has not adopted
846	846	rules under Section 411.2031(e),] or a peace officer if the act or
847	847	failure to act was capricious or arbitrary[; or
848	848	[(2) any officer or employee of an institution of
849	849	higher education or private or independent institution of higher
850	850	education described by Subdivision (1) who possesses a handgun on
851	851	the campus of that institution and whose conduct with regard to the
852	852	handgun is made the basis of a claim for personal injury or property
853	853	damage].
854	854	SECTION 34. The heading to Section 411.209, Government
855	855	Code, is amended to read as follows:
856	856	Sec. 411.209. WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
857	857	[LICENSE HOLDER].
858	858	SECTION 35. Section 411.209(a), Government Code, is amended
859	859	to read as follows:
860	860	(a) Except as provided by Subsection (i), a state agency or
861	861	a political subdivision of the state may not take any action,
862	862	including an action consisting of the provision of notice by a
863	863	communication described by Section 30.06 or 30.07, Penal Code, that
864	864	states or implies that a person [license holder] who is carrying a
865	865	handgun [under the authority of this subchapter] is prohibited from
866	866	entering or remaining on a premises or other place owned or leased
867	867	by the governmental entity unless a person is [license holders are]
868	868	prohibited from carrying a handgun on the premises or other place by
869	869	Section 46.03 or 46.035, Penal Code, or other law.
870	870	SECTION 36. Section 12.092(b), Health and Safety Code, is
871	871	amended to read as follows:
872	872	(b) The medical advisory board shall assist the Department
873	873	of Public Safety of the State of Texas in determining whether:
874	874	(1) an applicant for a driver's license or a license
875	875	holder is capable of safely operating a motor vehicle; or
876	876	(2) an applicant for or holder of a license to carry a
877	877	handgun under [the authority of] Subchapter H, Chapter 411,
878	878	Government Code, or an applicant for or holder of a commission as a
879	879	security officer under Chapter 1702, Occupations Code, is capable
880	880	of exercising sound judgment with respect to the proper use and
881	881	storage of a handgun.
882	882	SECTION 37. The heading to Section 552.002, Health and
883	883	Safety Code, is amended to read as follows:
884	884	Sec. 552.002. CARRYING OF HANDGUN [BY LICENSE HOLDER] IN
885	885	STATE HOSPITAL.
886	886	SECTION 38. Sections 552.002(a), (b), and (c), Health and
887	887	Safety Code, are amended to read as follows:
888	888	(a) In this section:
889	889	(1) ["License holder" has the meaning assigned by
890	890	Section 46.035(f), Penal Code.
891	891	[(2)] "State hospital" means the following
892	892	facilities:
893	893	(A) the Austin State Hospital;
894	894	(B) the Big Spring State Hospital;
895	895	(C) the El Paso Psychiatric Center;
896	896	(D) the Kerrville State Hospital;
897	897	(E) the North Texas State Hospital;
898	898	(F) the Rio Grande State Center;
899	899	(G) the Rusk State Hospital;
900	900	(H) the San Antonio State Hospital;
901	901	(I) the Terrell State Hospital; and
902	902	(J) the Waco Center for Youth.
903	903	(2) [(3)] "Written notice" means a sign that is posted
904	904	on property and that:
905	905	(A) includes in both English and Spanish written
906	906	language identical to the following: "Pursuant to Section 552.002,
907	907	Health and Safety Code (carrying of handgun [by license holder] in
908	908	state hospital), a person [licensed under Subchapter H, Chapter
909	909	411, Government Code (handgun licensing law),] may not enter this
910	910	property with a handgun";
911	911	(B) appears in contrasting colors with block
912	912	letters at least one inch in height; and
913	913	(C) is displayed in a conspicuous manner clearly
914	914	visible to the public at each entrance to the property.
915	915	(b) A state hospital may prohibit a person [license holder]
916	916	from carrying a handgun [under the authority of Subchapter H,
917	917	Chapter 411, Government Code,] on the property of the hospital by
918	918	providing written notice.
919	919	(c) A person [license holder] who carries a handgun [under
920	920	the authority of Subchapter H, Chapter 411, Government Code,] on
921	921	the property of a state hospital at which written notice is provided
922	922	is liable for a civil penalty in the amount of:
923	923	(1) $100 for the first violation; or
924	924	(2) $500 for the second or subsequent violation.
925	925	SECTION 39. Section 42.042(e-2), Human Resources Code, is
926	926	amended to read as follows:
927	927	(e-2) The department may not prohibit the foster parent of a
928	928	child who resides in the foster family's home from transporting the
929	929	child in a vehicle where a handgun is present if the handgun is in
930	930	the possession and control of the foster parent and the foster
931	931	parent is not otherwise prohibited by state or federal law from
932	932	possessing a firearm [licensed to carry the handgun under
933	933	Subchapter H, Chapter 411, Government Code].
934	934	SECTION 40. Section 52.061, Labor Code, is amended to read
935	935	as follows:
936	936	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
937	937	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
938	938	may not prohibit an employee who is not otherwise prohibited by
939	939	state or federal law from possessing [holds a license to carry a
940	940	handgun under Subchapter H, Chapter 411, Government Code, who
941	941	otherwise lawfully possesses] a firearm[,] or [who lawfully
942	942	possesses] ammunition from transporting or storing a firearm or
943	943	ammunition [the employee is authorized by law to possess] in a
944	944	locked, privately owned motor vehicle in a parking lot, parking
945	945	garage, or other parking area the employer provides for employees.
946	946	SECTION 41. Section 52.062(a), Labor Code, is amended to
947	947	read as follows:
948	948	(a) Section 52.061 does not:
949	949	(1) authorize a person who is not otherwise prohibited
950	950	by state or federal law from possessing [holds a license to carry a
951	951	handgun under Subchapter H, Chapter 411, Government Code, who
952	952	otherwise lawfully possesses] a firearm[,] or [who lawfully
953	953	possesses] ammunition to possess a firearm or ammunition on any
954	954	property where the possession of a firearm or ammunition is
955	955	prohibited by state or federal law; or
956	956	(2) apply to:
957	957	(A) a vehicle owned or leased by a public or
958	958	private employer and used by an employee in the course and scope of
959	959	the employee's employment, unless the employee is required to
960	960	transport or store a firearm in the official discharge of the
961	961	employee's duties;
962	962	(B) a school district;
963	963	(C) an open-enrollment charter school, as
964	964	defined by Section 5.001, Education Code;
965	965	(D) a private school, as defined by Section
966	966	22.081, Education Code;
967	967	(E) property owned or controlled by a person,
968	968	other than the employer, that is subject to a valid, unexpired oil,
969	969	gas, or other mineral lease that contains a provision prohibiting
970	970	the possession of firearms on the property; or
971	971	(F) property owned or leased by a chemical
972	972	manufacturer or oil and gas refiner with an air authorization under
973	973	Chapter 382, Health and Safety Code, and on which the primary
974	974	business conducted is the manufacture, use, storage, or
975	975	transportation of hazardous, combustible, or explosive materials,
976	976	except in regard to an employee who is not otherwise prohibited by
977	977	state or federal law from possessing a firearm or ammunition [holds
978	978	a license to carry a handgun under Subchapter H, Chapter 411,
979	979	Government Code,] and [who] stores the [a] firearm or ammunition
980	980	[the employee is authorized by law to possess] in a locked,
981	981	privately owned motor vehicle in a parking lot, parking garage, or
982	982	other parking area the employer provides for employees that is
983	983	outside of a secured and restricted area:
984	984	(i) that contains the physical plant;
985	985	(ii) that is not open to the public; and
986	986	(iii) the ingress into which is constantly
987	987	monitored by security personnel.
988	988	SECTION 42. Section 191.010(a), Local Government Code, is
989	989	amended to read as follows:
990	990	(a) In this section, "photo identification" means one of the
991	991	following forms of photo identification:
992	992	(1) a driver's license, election identification
993	993	certificate, or personal identification card issued to the person
994	994	by any state or territory of the United States that has not expired
995	995	or that expired no earlier than 60 days before the date of
996	996	presentation;
997	997	(2) a United States military identification card that
998	998	contains the person's photograph that has not expired or that
999	999	expired no earlier than 60 days before the date of presentation;
1000	1000	(3) a United States citizenship certificate issued to
1001	1001	the person that contains the person's photograph;
1002	1002	(4) a United States Permanent Resident Card that has
1003	1003	not expired or that expired no earlier than 60 days before the date
1004	1004	of presentation;
1005	1005	(5) an identification card issued by a municipality
1006	1006	intended to serve as a general identification card for the holder
1007	1007	that has not expired or that expired no earlier than 60 days before
1008	1008	the date of presentation;
1009	1009	(6) a federally recognized tribal enrollment card or
1010	1010	other form of tribal identification that has not expired or that
1011	1011	expired no earlier than 60 days before the date of presentation;
1012	1012	(7) a United States passport or a passport issued by a
1013	1013	foreign government recognized by the United States issued to the
1014	1014	person that has not expired or that expired no earlier than 60 days
1015	1015	before the date of presentation; or
1016	1016	(8) a license to carry a [concealed] handgun issued to
1017	1017	the person by the Department of Public Safety that has not expired
1018	1018	or that expired no earlier than 60 days before the date of
1019	1019	presentation.
1020	1020	SECTION 43. Section 229.001(b), Local Government Code, is
1021	1021	amended to read as follows:
1022	1022	(b) Subsection (a) does not affect the authority a
1023	1023	municipality has under another law to:
1024	1024	(1) require residents or public employees to be armed
1025	1025	for personal or national defense, law enforcement, or another
1026	1026	lawful purpose;
1027	1027	(2) regulate the discharge of firearms or air guns
1028	1028	within the limits of the municipality, other than at a sport
1029	1029	shooting range;
1030	1030	(3) except as provided by Subsection (b-1), adopt or
1031	1031	enforce a generally applicable zoning ordinance, land use
1032	1032	regulation, fire code, or business ordinance;
1033	1033	(4) regulate the use of firearms, air guns, or knives
1034	1034	in the case of an insurrection, riot, or natural disaster if the
1035	1035	municipality finds the regulations necessary to protect public
1036	1036	health and safety;
1037	1037	(5) regulate the storage or transportation of
1038	1038	explosives to protect public health and safety, except that 25
1039	1039	pounds or less of black powder for each private residence and 50
1040	1040	pounds or less of black powder for each retail dealer are not
1041	1041	subject to regulation;
1042	1042	(6) regulate the carrying of an air gun or [a] firearm,
1043	1043	[or air gun by a person] other than a [person licensed to carry a]
1044	1044	handgun carried by a person not otherwise prohibited by state or
1045	1045	federal law from possessing a firearm [under Subchapter H, Chapter
1046	1046	411, Government Code], at a:
1047	1047	(A) [public park;
1048	1048	[(B)] public meeting of a municipality, county,
1049	1049	or other governmental body;
1050	1050	[(C) political rally, parade, or official
1051	1051	political meeting;] or
1052	1052	(B) [(D)] nonfirearms-related school, college,
1053	1053	or professional athletic event;
1054	1054	(7) [regulate the carrying of a firearm by a person
1055	1055	licensed to carry a handgun under Subchapter H, Chapter 411,
1056	1056	Government Code,] in accordance with Section 411.209, Government
1057	1057	Code, regulate the carrying of a firearm by any person;
1058	1058	(8) regulate the hours of operation of a sport
1059	1059	shooting range, except that the hours of operation may not be more
1060	1060	limited than the least limited hours of operation of any other
1061	1061	business in the municipality other than a business permitted or
1062	1062	licensed to sell or serve alcoholic beverages for on-premises
1063	1063	consumption;
1064	1064	(9) regulate the carrying of an air gun by a minor on:
1065	1065	(A) public property; or
1066	1066	(B) private property without consent of the
1067	1067	property owner; or
1068	1068	(10) except as provided by Subsection (d-1), regulate
1069	1069	or prohibit an employee's carrying or possession of a firearm,
1070	1070	firearm accessory, or ammunition in the course of the employee's
1071	1071	official duties.
1072	1072	SECTION 44. Section 236.002(c), Local Government Code, is
1073	1073	amended to read as follows:
1074	1074	(c) Subsection (a) does not affect the authority of a county
1075	1075	to:
1076	1076	(1) require a resident or public employee to be armed
1077	1077	for personal or national defense, law enforcement, or other purpose
1078	1078	under other law;
1079	1079	(2) regulate the discharge of firearms or air guns in
1080	1080	accordance with Section 235.022;
1081	1081	(3) [regulate the carrying of a firearm by a person
1082	1082	licensed to carry a handgun under Subchapter H, Chapter 411,
1083	1083	Government Code,] in accordance with Section 411.209, Government
1084	1084	Code, regulate the carrying of a firearm by any person;
1085	1085	(4) except as provided by Subsection (d), adopt or
1086	1086	enforce a generally applicable land use regulation, fire code, or
1087	1087	business regulation; or
1088	1088	(5) except as provided by Subsection (e), regulate or
1089	1089	prohibit an employee's carrying or possession of a firearm, firearm
1090	1090	accessory, or ammunition in the course of the employee's official
1091	1091	duties.
1092	1092	SECTION 45. Section 1702.002(21), Occupations Code, is
1093	1093	amended to read as follows:
1094	1094	(21) "Security officer commission" means an
1095	1095	authorization issued by the department that entitles a security
1096	1096	officer to carry a firearm as described by this chapter.
1097	1097	SECTION 46. Section 1702.169, Occupations Code, is amended
1098	1098	to read as follows:
1099	1099	Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned
1100	1100	security officer other than a person acting as a personal
1101	1101	protection officer may not carry a firearm while [unless:
1102	1102	[(1) the security officer is:
1103	1103	[(A)] engaged in the performance of duties as a
1104	1104	security officer unless:
1105	1105	(1) [; or
1106	1106	[(B) traveling to or from the place of
1107	1107	assignment;
1108	1108	[(2)] the security officer wears a distinctive uniform
1109	1109	indicating that the individual is a security officer; and
1110	1110	(2) [(3)] the firearm is in plain view.
1111	1111	SECTION 47. Section 1702.206(a), Occupations Code, is
1112	1112	amended to read as follows:
1113	1113	(a) An individual acting as and performing the duties of a
1114	1114	personal protection officer may not carry a firearm unless the
1115	1115	officer:
1116	1116	(1) is [either:
1117	1117	[(A)] engaged in the exclusive performance of the
1118	1118	officer's duties as a personal protection officer for the employer
1119	1119	under whom the officer's personal protection officer license is
1120	1120	issued; [or
1121	1121	[(B) traveling to or from the officer's place of
1122	1122	assignment;] and
1123	1123	(2) carries the officer's security officer commission
1124	1124	and personal protection officer license on the officer's person
1125	1125	while performing the officer's duties [or traveling] as described
1126	1126	by Subdivision (1) and presents the commission and license on
1127	1127	request.
1128	1128	SECTION 48. Sections 62.082(d) and (e), Parks and Wildlife
1129	1129	Code, are amended to read as follows:
1130	1130	(d) Section 62.081 does not apply to:
1131	1131	(1) an employee of the Lower Colorado River Authority;
1132	1132	(2) a person authorized to hunt under Subsection (c);
1133	1133	(3) a peace officer as defined by Article 2.12, Code of
1134	1134	Criminal Procedure; or
1135	1135	(4) a person who:
1136	1136	(A) is carrying [possesses] a handgun [and a
1137	1137	license issued under Subchapter H, Chapter 411, Government Code, to
1138	1138	carry a handgun]; or
1139	1139	(B) under circumstances in which the person would
1140	1140	be justified in the use of deadly force under Chapter 9, Penal Code,
1141	1141	shoots a handgun [the person is licensed to carry under Subchapter
1142	1142	H, Chapter 411, Government Code].
1143	1143	(e) A state agency, including the department, the
1144	1144	Department of Public Safety, and the Lower Colorado River
1145	1145	Authority, may not adopt a rule that prohibits a person who is not
1146	1146	otherwise prohibited by state or federal law from possessing a
1147	1147	firearm [possesses a license issued under Subchapter H, Chapter
1148	1148	411, Government Code,] from entering or crossing the land of the
1149	1149	Lower Colorado River Authority while:
1150	1150	(1) carrying [possessing] a handgun; or
1151	1151	(2) under circumstances in which the person would be
1152	1152	justified in the use of deadly force under Chapter 9, Penal Code,
1153	1153	shooting a handgun.
1154	1154	SECTION 49. Section 284.001(e), Parks and Wildlife Code, is
1155	1155	amended to read as follows:
1156	1156	(e) This section does not limit a person's [the] ability [of
1157	1157	a license holder] to carry a handgun [under the authority of
1158	1158	Subchapter H, Chapter 411, Government Code].
1159	1159	SECTION 50. Section 287.001(e), Parks and Wildlife Code, is
1160	1160	amended to read as follows:
1161	1161	(e) This section does not limit a person's [the] ability [of
1162	1162	a license holder] to carry a [concealed] handgun [under the
1163	1163	authority of Subchapter H, Chapter 411, Government Code].
1164	1164	SECTION 51. Section 9.31(b), Penal Code, is amended to read
1165	1165	as follows:
1166	1166	(b) The use of force against another is not justified:
1167	1167	(1) in response to verbal provocation alone;
1168	1168	(2) to resist an arrest or search that the actor knows
1169	1169	is being made by a peace officer, or by a person acting in a peace
1170	1170	officer's presence and at his direction, even though the arrest or
1171	1171	search is unlawful, unless the resistance is justified under
1172	1172	Subsection (c);
1173	1173	(3) if the actor consented to the exact force used or
1174	1174	attempted by the other;
1175	1175	(4) if the actor provoked the other's use or attempted
1176	1176	use of unlawful force, unless:
1177	1177	(A) the actor abandons the encounter, or clearly
1178	1178	communicates to the other his intent to do so reasonably believing
1179	1179	he cannot safely abandon the encounter; and
1180	1180	(B) the other nevertheless continues or attempts
1181	1181	to use unlawful force against the actor; or
1182	1182	(5) if the actor sought an explanation from or
1183	1183	discussion with the other person concerning the actor's differences
1184	1184	with the other person while the actor was:
1185	1185	(A) carrying a weapon in violation of Section
1186	1186	46.02 or a firearm in violation of Section 46.03 or 46.035; or
1187	1187	(B) possessing or transporting a weapon in
1188	1188	violation of Section 46.05.
1189	1189	SECTION 52. Section 30.05(f), Penal Code, is amended to
1190	1190	read as follows:
1191	1191	(f) It is a defense to prosecution under this section that:
1192	1192	(1) the basis on which entry on the property or land or
1193	1193	in the building was forbidden is that entry with a firearm [handgun]
1194	1194	was forbidden; and
1195	1195	(2) the person was carrying[:
1196	1196	[(A) a license issued under Subchapter H, Chapter
1197	1197	411, Government Code, to carry a handgun; and
1198	1198	[(B)] a handgun:
1199	1199	(A) [(i)] in a concealed manner; or
1200	1200	(B) [(ii)] in a [shoulder or belt] holster.
1201	1201	SECTION 53. The heading to Section 30.06, Penal Code, is
1202	1202	amended to read as follows:
1203	1203	Sec. 30.06. TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
1204	1204	CONCEALED HANDGUN.
1205	1205	SECTION 54. Sections 30.06(a), (c), (d), (e), (e-1), (e-2),
1206	1206	(e-3), (f), and (g), Penal Code, are amended to read as follows:
1207	1207	(a) A person [license holder] commits an offense if the
1208	1208	person [license holder]:
1209	1209	(1) carries a concealed handgun [under the authority
1210	1210	of Subchapter H, Chapter 411, Government Code,] on property of
1211	1211	another without effective consent; and
1212	1212	(2) received notice that entry on the property by a
1213	1213	person [license holder] with a concealed handgun was forbidden.
1214	1214	(c) In this section:
1215	1215	(1) "Entry" has the meaning assigned by Section
1216	1216	30.05(b).
1217	1217	(2) ["License holder" has the meaning assigned by
1218	1218	Section 46.035(f).
1219	1219	[(3)] "Written communication" means:
1220	1220	(A) a card or other document on which is written
1221	1221	language identical to the following: "Pursuant to Section 30.06,
1222	1222	Penal Code (trespass by person [license holder] with [a] concealed
1223	1223	handgun), a person [licensed under Subchapter H, Chapter 411,
1224	1224	Government Code (handgun licensing law),] may not enter this
1225	1225	property with a concealed handgun"; or
1226	1226	(B) a sign posted on the property that:
1227	1227	(i) includes the language described by
1228	1228	Paragraph (A) in both English and Spanish;
1229	1229	(ii) appears in contrasting colors with
1230	1230	block letters at least one inch in height; and
1231	1231	(iii) is displayed in a conspicuous manner
1232	1232	clearly visible to the public at each entrance to the property.
1233	1233	(d) An offense under this section is a Class C misdemeanor
1234	1234	punishable by a fine not to exceed $200, except that the offense is
1235	1235	a Class A misdemeanor if it is shown on the trial of the offense
1236	1236	that, after entering the property, the person [license holder] was
1237	1237	personally given the notice by oral communication described by
1238	1238	Subsection (b) and subsequently failed to depart.
1239	1239	(e) It is an exception to the application of this section
1240	1240	that the property on which the person [license holder] carries a
1241	1241	handgun is owned or leased by a governmental entity and is not a
1242	1242	premises or other place on which the person [license holder] is
1243	1243	prohibited from carrying the handgun under Section 46.03 or 46.035
1244	1244	or other law.
1245	1245	(e-1) It is a defense to prosecution under this section
1246	1246	that:
1247	1247	(1) the person [license holder] is:
1248	1248	(A) an owner of an apartment in a condominium
1249	1249	regime governed by Chapter 81, Property Code;
1250	1250	(B) an owner of a condominium unit governed by
1251	1251	Chapter 82, Property Code;
1252	1252	(C) a tenant or guest of an owner described by
1253	1253	Paragraph (A) or (B); or
1254	1254	(D) a guest of a tenant of an owner described by
1255	1255	Paragraph (A) or (B); and
1256	1256	(2) the person [license holder]:
1257	1257	(A) carries or stores a handgun in the
1258	1258	condominium apartment or unit owner's apartment or unit;
1259	1259	(B) carries a handgun directly en route to or
1260	1260	from the condominium apartment or unit owner's apartment or unit;
1261	1261	(C) carries a handgun directly en route to or
1262	1262	from the person's [license holder's] vehicle located in a parking
1263	1263	area provided for residents or guests of the condominium property;
1264	1264	or
1265	1265	(D) carries or stores a handgun in the person's
1266	1266	[license holder's] vehicle located in a parking area provided for
1267	1267	residents or guests of the condominium property.
1268	1268	(e-2) It is a defense to prosecution under this section
1269	1269	that:
1270	1270	(1) the person [license holder] is a tenant of a leased
1271	1271	premises governed by Chapter 92, Property Code, or the tenant's
1272	1272	guest; and
1273	1273	(2) the person [license holder]:
1274	1274	(A) carries or stores a handgun in the tenant's
1275	1275	rental unit;
1276	1276	(B) carries a handgun directly en route to or
1277	1277	from the tenant's rental unit;
1278	1278	(C) carries a handgun directly en route to or
1279	1279	from the person's [license holder's] vehicle located in a parking
1280	1280	area provided for tenants or guests by the landlord of the leased
1281	1281	premises; or
1282	1282	(D) carries or stores a handgun in the person's
1283	1283	[license holder's] vehicle located in a parking area provided for
1284	1284	tenants or guests by the landlord of the leased premises.
1285	1285	(e-3) It is a defense to prosecution under this section
1286	1286	that:
1287	1287	(1) the person [license holder] is a tenant of a
1288	1288	manufactured home lot governed by Chapter 94, Property Code, or the
1289	1289	tenant's guest; and
1290	1290	(2) the person [license holder]:
1291	1291	(A) carries or stores a handgun in the tenant's
1292	1292	manufactured home;
1293	1293	(B) carries a handgun directly en route to or
1294	1294	from the tenant's manufactured home;
1295	1295	(C) carries a handgun directly en route to or
1296	1296	from the person's [license holder's] vehicle located in a parking
1297	1297	area provided for tenants or tenants' guests by the landlord of the
1298	1298	leased premises; or
1299	1299	(D) carries or stores a handgun in the person's
1300	1300	[license holder's] vehicle located in a parking area provided for
1301	1301	tenants or tenants' guests by the landlord of the leased premises.
1302	1302	(f) It is a defense to prosecution under this section that
1303	1303	the person [license holder] is volunteer emergency services
1304	1304	personnel, as defined by Section 46.01.
1305	1305	(g) It is a defense to prosecution under this section that
1306	1306	the person [license holder] was personally given notice by oral
1307	1307	communication described by Subsection (b) and promptly departed
1308	1308	from the property.
1309	1309	SECTION 55. The heading to Section 30.07, Penal Code, is
1310	1310	amended to read as follows:
1311	1311	Sec. 30.07. TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
1312	1312	OPENLY CARRIED HANDGUN.
1313	1313	SECTION 56. Sections 30.07(a), (c), (d), (e), (e-1), (e-2),
1314	1314	(e-3), (f), (g), and (h), Penal Code, are amended to read as
1315	1315	follows:
1316	1316	(a) A person [license holder] commits an offense if the
1317	1317	person [license holder]:
1318	1318	(1) openly carries a handgun [under the authority of
1319	1319	Subchapter H, Chapter 411, Government Code,] on property of another
1320	1320	without effective consent; and
1321	1321	(2) received notice that entry on the property by a
1322	1322	person [license holder] openly carrying a handgun was forbidden.
1323	1323	(c) In this section:
1324	1324	(1) "Entry" has the meaning assigned by Section
1325	1325	30.05(b).
1326	1326	(2) ["License holder" has the meaning assigned by
1327	1327	Section 46.035(f).
1328	1328	[(3)] "Written communication" means:
1329	1329	(A) a card or other document on which is written
1330	1330	language identical to the following: "Pursuant to Section 30.07,
1331	1331	Penal Code (trespass by person [license holder] with [an] openly
1332	1332	carried handgun), a person [licensed under Subchapter H, Chapter
1333	1333	411, Government Code (handgun licensing law),] may not enter this
1334	1334	property with a handgun that is carried openly"; or
1335	1335	(B) a sign posted on the property that:
1336	1336	(i) includes the language described by
1337	1337	Paragraph (A) in both English and Spanish;
1338	1338	(ii) appears in contrasting colors with
1339	1339	block letters at least one inch in height; and
1340	1340	(iii) is displayed in a conspicuous manner
1341	1341	clearly visible to the public at each entrance to the property.
1342	1342	(d) An offense under this section is a Class C misdemeanor
1343	1343	punishable by a fine not to exceed $200, except that the offense is
1344	1344	a Class A misdemeanor if it is shown on the trial of the offense
1345	1345	that, after entering the property, the person [license holder] was
1346	1346	personally given the notice by oral communication described by
1347	1347	Subsection (b) and subsequently failed to depart.
1348	1348	(e) It is an exception to the application of this section
1349	1349	that the property on which the person [license holder] openly
1350	1350	carries a [the] handgun is owned or leased by a governmental entity
1351	1351	and is not a premises or other place on which the person [license
1352	1352	holder] is prohibited from carrying the handgun under Section 46.03
1353	1353	or 46.035 or other law.
1354	1354	(e-1) It is a defense to prosecution under this section
1355	1355	that:
1356	1356	(1) the person [license holder] is:
1357	1357	(A) an owner of an apartment in a condominium
1358	1358	regime governed by Chapter 81, Property Code;
1359	1359	(B) an owner of a condominium unit governed by
1360	1360	Chapter 82, Property Code;
1361	1361	(C) a tenant or guest of an owner described by
1362	1362	Paragraph (A) or (B); or
1363	1363	(D) a guest of a tenant of an owner described by
1364	1364	Paragraph (A) or (B); and
1365	1365	(2) the person [license holder]:
1366	1366	(A) carries or stores a handgun in the
1367	1367	condominium apartment or unit owner's apartment or unit;
1368	1368	(B) carries a handgun directly en route to or
1369	1369	from the condominium apartment or unit owner's apartment or unit;
1370	1370	(C) carries a handgun directly en route to or
1371	1371	from the person's [license holder's] vehicle located in a parking
1372	1372	area provided for residents or guests of the condominium property;
1373	1373	or
1374	1374	(D) carries or stores a handgun in the person's
1375	1375	[license holder's] vehicle located in a parking area provided for
1376	1376	residents or guests of the condominium property.
1377	1377	(e-2) It is a defense to prosecution under this section
1378	1378	that:
1379	1379	(1) the person [license holder] is a tenant of a leased
1380	1380	premises governed by Chapter 92, Property Code, or the tenant's
1381	1381	guest; and
1382	1382	(2) the person [license holder]:
1383	1383	(A) carries or stores a handgun in the tenant's
1384	1384	rental unit;
1385	1385	(B) carries a handgun directly en route to or
1386	1386	from the tenant's rental unit;
1387	1387	(C) carries a handgun directly en route to or
1388	1388	from the person's [license holder's] vehicle located in a parking
1389	1389	area provided for tenants or guests by the landlord of the leased
1390	1390	premises; or
1391	1391	(D) carries or stores a handgun in the person's
1392	1392	[license holder's] vehicle located in a parking area provided for
1393	1393	tenants or guests by the landlord of the leased premises.
1394	1394	(e-3) It is a defense to prosecution under this section
1395	1395	that:
1396	1396	(1) the person [license holder] is a tenant of a
1397	1397	manufactured home lot governed by Chapter 94, Property Code, or the
1398	1398	tenant's guest; and
1399	1399	(2) the person [license holder]:
1400	1400	(A) carries or stores a handgun in the tenant's
1401	1401	manufactured home;
1402	1402	(B) carries a handgun directly en route to or
1403	1403	from the tenant's manufactured home;
1404	1404	(C) carries a handgun directly en route to or
1405	1405	from the person's [license holder's] vehicle located in a parking
1406	1406	area provided for tenants or tenants' guests by the landlord of the
1407	1407	leased premises; or
1408	1408	(D) carries or stores a handgun in the person's
1409	1409	[license holder's] vehicle located in a parking area provided for
1410	1410	tenants or tenants' guests by the landlord of the leased premises.
1411	1411	(f) It is not a defense to prosecution under this section
1412	1412	that the handgun was carried in a [shoulder or belt] holster.
1413	1413	(g) It is a defense to prosecution under this section that
1414	1414	the person [license holder] is volunteer emergency services
1415	1415	personnel, as defined by Section 46.01.
1416	1416	(h) It is a defense to prosecution under this section that
1417	1417	the person [license holder] was personally given notice by oral
1418	1418	communication described by Subsection (b) and promptly departed
1419	1419	from the property.
1420	1420	SECTION 57. The following provisions are repealed:
1421	1421	(1) Sections 11.041 and 61.11, Alcoholic Beverage
1422	1422	Code;
1423	1423	(2) Sections 11.61(e) and 61.71(f), Alcoholic
1424	1424	Beverage Code;
1425	1425	(3) Sections 411.204(d) and 411.208(f), Government
1426	1426	Code;
1427	1427	(4) Section 411.205, Government Code;
1428	1428	(5) Sections 46.02(a), (c), and (d), Penal Code;
1429	1429	(6) Section 46.035(f)(2), Penal Code;
1430	1430	(7) Section 46.035(a-1), Penal Code, as added by
1431	1431	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
1432	1432	Session, 2015;
1433	1433	(8) Section 46.035(a-1), Penal Code, as added by
1434	1434	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
1435	1435	Session, 2015;
1436	1436	(9) Section 46.035(h-1), Penal Code, as added by
1437	1437	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
1438	1438	Session, 2007;
1439	1439	(10) Section 46.035(h-1), Penal Code, as added by
1440	1440	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
1441	1441	Session, 2007; and
1442	1442	(11) Sections 46.15(b), (d), (j), and (k), Penal Code.
1443	1443	SECTION 58. The change in law made by this Act relating to
1444	1444	the carrying of a handgun applies to the carrying of a handgun on or
1445	1445	after the effective date of this Act by any person not otherwise
1446	1446	prohibited by state or federal law from possessing a firearm.
1447	1447	SECTION 59. The changes in law made by this Act apply only
1448	1448	to an offense committed on or after the effective date of this Act.
1449	1449	An offense committed before the effective date of this Act is
1450	1450	governed by the law in effect when the offense was committed, and
1451	1451	the former law is continued in effect for that purpose. For
1452	1452	purposes of this section, an offense was committed before the
1453	1453	effective date of this Act if any element of the offense occurred
1454	1454	before that date.
1455	1455	SECTION 60. This Act takes effect September 1, 2021.