| 1 | 1 | | 87R3016 AJZ-F |
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| 2 | 2 | | By: Anchia H.B. No. 1767 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to wrongful exclusion of handgun license holders from |
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| 8 | 8 | | certain property owned by or leased to a governmental entity and to |
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| 9 | 9 | | certain offenses relating to the carrying of handguns on that |
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| 10 | 10 | | property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 411.209, Government Code, is amended by |
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| 13 | 13 | | amending Subsections (a), (d), and (f) and adding Subsection (d-1) |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (a) Except as provided by Subsection (i), a state agency or |
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| 16 | 16 | | a political subdivision of the state may not take any action, |
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| 17 | 17 | | including an action consisting of the provision of notice by a |
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| 18 | 18 | | communication described by Section 30.06 or 30.07, Penal Code, that |
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| 19 | 19 | | states or implies that a license holder who is carrying a handgun |
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| 20 | 20 | | under the authority of this subchapter is prohibited from entering |
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| 21 | 21 | | or remaining on a premises or other place owned and occupied by the |
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| 22 | 22 | | governmental entity or leased to and occupied by the governmental |
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| 23 | 23 | | entity unless license holders are prohibited from carrying a |
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| 24 | 24 | | handgun on the premises or other place by Section 46.03 or 46.035, |
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| 25 | 25 | | Penal Code, or other law. |
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| 26 | 26 | | (d) A resident of this state or a person licensed to carry a |
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| 27 | 27 | | handgun under this subchapter may file a complaint with the |
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| 28 | 28 | | attorney general that a state agency or political subdivision is in |
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| 29 | 29 | | violation of Subsection (a) if the resident or license holder |
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| 30 | 30 | | provides the agency or subdivision a written notice that describes |
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| 31 | 31 | | the [location and] general facts of the violation and the agency or |
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| 32 | 32 | | subdivision does not cure the violation before the end of the third |
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| 33 | 33 | | business day after the date of receiving the written notice. The |
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| 34 | 34 | | written notice provided under this subsection must include a copy |
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| 35 | 35 | | of any document alleged to be in violation or must describe the |
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| 36 | 36 | | specific location of any sign found to be in violation. |
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| 37 | 37 | | (d-1) A complaint filed with the attorney general under |
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| 38 | 38 | | Subsection (d) [this subsection] must include evidence of the |
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| 39 | 39 | | violation and a copy of the written notice provided to the agency or |
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| 40 | 40 | | subdivision. |
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| 41 | 41 | | (f) Before a suit may be brought against a state agency or a |
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| 42 | 42 | | political subdivision of the state for a violation of Subsection |
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| 43 | 43 | | (a), the attorney general must investigate the complaint to |
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| 44 | 44 | | determine whether legal action is warranted. If legal action is |
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| 45 | 45 | | warranted, the attorney general must give the chief administrative |
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| 46 | 46 | | officer of the agency or political subdivision charged with the |
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| 47 | 47 | | violation a written notice that: |
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| 48 | 48 | | (1) describes the violation and includes the |
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| 49 | 49 | | information described by Subsection (d); |
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| 50 | 50 | | (2) states the amount of the proposed penalty for the |
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| 51 | 51 | | violation; and |
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| 52 | 52 | | (3) gives the agency or political subdivision 15 days |
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| 53 | 53 | | from receipt of the notice to cure the violation to avoid the |
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| 54 | 54 | | penalty, unless the agency or political subdivision was found |
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| 55 | 55 | | liable by a court for previously violating Subsection (a). |
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| 56 | 56 | | SECTION 2. Section 30.06(e), Penal Code, is amended to read |
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| 57 | 57 | | as follows: |
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| 58 | 58 | | (e) It is an exception to the application of this section |
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| 59 | 59 | | that the property on which the license holder carries a handgun: |
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| 60 | 60 | | (1) is owned and occupied [or leased] by a |
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| 61 | 61 | | governmental entity or leased to and occupied by a governmental |
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| 62 | 62 | | entity; and |
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| 63 | 63 | | (2) is not a premises or other place on which the |
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| 64 | 64 | | license holder is prohibited from carrying the handgun under |
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| 65 | 65 | | Section 46.03 or 46.035. |
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| 66 | 66 | | SECTION 3. Section 30.07(e), Penal Code, is amended to read |
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| 67 | 67 | | as follows: |
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| 68 | 68 | | (e) It is an exception to the application of this section |
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| 69 | 69 | | that the property on which the license holder openly carries the |
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| 70 | 70 | | handgun: |
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| 71 | 71 | | (1) is owned and occupied [or leased] by a |
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| 72 | 72 | | governmental entity or leased to and occupied by a governmental |
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| 73 | 73 | | entity; and |
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| 74 | 74 | | (2) is not a premises or other place on which the |
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| 75 | 75 | | license holder is prohibited from carrying the handgun under |
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| 76 | 76 | | Section 46.03 or 46.035. |
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| 77 | 77 | | SECTION 4. The change in law made by this Act applies only |
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| 78 | 78 | | to conduct that occurs on or after the effective date of this Act. |
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| 79 | 79 | | SECTION 5. This Act takes effect September 1, 2021. |
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