87R3016 AJZ-F
By: Anchia H.B. No. 1767
A BILL TO BE ENTITLED
AN ACT
relating to wrongful exclusion of handgun license holders from
certain property owned by or leased to a governmental entity and to
certain offenses relating to the carrying of handguns on that
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.209, Government Code, is amended by
amending Subsections (a), (d), and (f) and adding Subsection (d-1)
to read as follows:
(a) Except as provided by Subsection (i), a state agency or
a political subdivision of the state may not take any action,
including an action consisting of the provision of notice by a
communication described by Section 30.06 or 30.07, Penal Code, that
states or implies that a license holder who is carrying a handgun
under the authority of this subchapter is prohibited from entering
or remaining on a premises or other place owned and occupied by the
governmental entity or leased to and occupied by the governmental
entity unless license holders are prohibited from carrying a
handgun on the premises or other place by Section 46.03 or 46.035,
Penal Code, or other law.
(d) A resident of this state or a person licensed to carry a
handgun under this subchapter may file a complaint with the
attorney general that a state agency or political subdivision is in
violation of Subsection (a) if the resident or license holder
provides the agency or subdivision a written notice that describes
the [location and] general facts of the violation and the agency or
subdivision does not cure the violation before the end of the third
business day after the date of receiving the written notice. The
written notice provided under this subsection must include a copy
of any document alleged to be in violation or must describe the
specific location of any sign found to be in violation.
(d-1) A complaint filed with the attorney general under
Subsection (d) [this subsection] must include evidence of the
violation and a copy of the written notice provided to the agency or
subdivision.
(f) Before a suit may be brought against a state agency or a
political subdivision of the state for a violation of Subsection
(a), the attorney general must investigate the complaint to
determine whether legal action is warranted. If legal action is
warranted, the attorney general must give the chief administrative
officer of the agency or political subdivision charged with the
violation a written notice that:
(1) describes the violation and includes the
information described by Subsection (d);
(2) states the amount of the proposed penalty for the
violation; and
(3) gives the agency or political subdivision 15 days
from receipt of the notice to cure the violation to avoid the
penalty, unless the agency or political subdivision was found
liable by a court for previously violating Subsection (a).
SECTION 2. Section 30.06(e), Penal Code, is amended to read
as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun:
(1) is owned and occupied [or leased] by a
governmental entity or leased to and occupied by a governmental
entity; and
(2) is not a premises or other place on which the
license holder is prohibited from carrying the handgun under
Section 46.03 or 46.035.
SECTION 3. Section 30.07(e), Penal Code, is amended to read
as follows:
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
handgun:
(1) is owned and occupied [or leased] by a
governmental entity or leased to and occupied by a governmental
entity; and
(2) is not a premises or other place on which the
license holder is prohibited from carrying the handgun under
Section 46.03 or 46.035.
SECTION 4. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2021.