Texas 2021 - 87th Regular

Texas House Bill HB1856 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R15933 JSC-D
2		-	By: Hefner, White, Metcalf, Raymond, Slawson, H.B. No. 1856
3		-	et al.
	2	+	By: Hefner, White, Metcalf, Raymond, Slawson H.B. No. 1856
	3	+	Substitute the following for H.B. No. 1856:
	4	+	By: White C.S.H.B. No. 1856
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to carrying and storing a firearm or firearm ammunition by
9	10		a hotel guest.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. The heading to Subchapter C, Chapter 2155,
12	13		Occupations Code, is amended to read as follows:
13	14		SUBCHAPTER C. FIREARMS POLICY [NOTICE]
14	15		SECTION 2. Section 2155.101, Occupations Code, is amended
15	16		to read as follows:
16	17		Sec. 2155.101. DEFINITION. In this subchapter, "hotel"
17	18		means a hotel, motel, inn, or similar business entity that offers
18	19		more than 10 rooms to the public for temporary lodging for a fee
19	20		[has the meaning assigned by Section 156.001, Tax Code].
20	21		SECTION 3. Subchapter C, Chapter 2155, Occupations Code, is
21	22		amended by adding Section 2155.1025 to read as follows:
22	23		Sec. 2155.1025. FIREARMS POLICY. (a) Unless possession of
23	24		a handgun or other firearm or ammunition on hotel property is
24	25		prohibited by state or federal law, a hotel may not adopt a policy
25	26		prohibiting a hotel guest from:
26	27		(1) carrying or storing a firearm or firearm
27	28		ammunition in the guest's hotel room;
28	29		(2) carrying a firearm or firearm ammunition directly
29	30		en route to or from the hotel or the guest's hotel room;
30	31		(3) carrying a firearm or firearm ammunition directly
31	32		en route to or from the guest's vehicle located on the hotel
32	33		property, including a vehicle in a parking area provided for hotel
33	34		guests; or
34	35		(4) carrying or storing a firearm or firearm
35	36		ammunition in the guest's vehicle located on the hotel property,
36	37		including a vehicle in a parking area provided for hotel guests.
37	38		(b) A hotel may adopt a policy requiring a hotel guest
38	39		carrying a firearm or firearm ammunition in a common area on the
39	40		hotel property to:
40	41		(1) carry a handgun in a concealed manner; or
41	42		(2) carry a firearm or ammunition in a case or bag.
42	43		SECTION 4. Section 30.05, Penal Code, is amended by adding
43	44		Subsection (f-4) to read as follows:
44	45		(f-4) It is a defense to prosecution under this section
45	46		that:
46	47		(1) the conduct occurred on hotel property, and the
47	48		basis on which entry on that property was forbidden is that entry
48	49		with a firearm or firearm ammunition was forbidden;
49	50		(2) the actor is a guest of a hotel, as defined by
50	51		Section 2155.101, Occupations Code; and
51	52		(3) the actor:
52	53		(A) carries or stores a firearm or firearm
53	54		ammunition in the actor's hotel room;
54	55		(B) carries a firearm or firearm ammunition
55	56		directly en route to or from the hotel or the actor's hotel room;
56	57		(C) carries a firearm or firearm ammunition
57	58		directly en route to or from the actor's vehicle located on the
58	59		hotel property, including a vehicle in a parking area provided for
59	60		hotel guests; or
60	61		(D) carries or stores a firearm or firearm
61	62		ammunition in the actor's vehicle located on the hotel property,
62	63		including a vehicle in a parking area provided for hotel guests.
63	64		SECTION 5. Section 30.06, Penal Code, is amended by adding
64	65		Subsection (e-4) to read as follows:
65	66		(e-4) It is a defense to prosecution under this section that
66	67		the license holder is a guest of a hotel, as defined by Section
67	68		2155.101, Occupations Code, and the license holder:
68	69		(1) carries or stores a handgun in the license holder's
69	70		hotel room;
70	71		(2) carries a handgun directly en route to or from the
71	72		hotel or the license holder's hotel room;
72	73		(3) carries a handgun directly en route to or from the
73	74		license holder's vehicle located on the hotel property, including a
74	75		vehicle in a parking area provided for hotel guests; or
75	76		(4) carries or stores a handgun in the license holder's
76	77		vehicle located on the hotel property, including a vehicle in a
77	78		parking area provided for hotel guests.
78	79		SECTION 6. Section 30.07, Penal Code, is amended by adding
79	80		Subsection (e-4) to read as follows:
80	81		(e-4) It is a defense to prosecution under this section that
81	82		the license holder is a guest of a hotel, as defined by Section
82	83		2155.101, Occupations Code, and the license holder:
83	84		(1) carries or stores a handgun in the license holder's
84	85		hotel room;
85	86		(2) carries a handgun directly en route to or from the
86	87		hotel or the license holder's hotel room;
87	88		(3) carries a handgun directly en route to or from the
88	89		license holder's vehicle located on the hotel property, including a
89	90		vehicle in a parking area provided for hotel guests; or
90	91		(4) carries or stores a handgun in the license holder's
91	92		vehicle located on the hotel property, including a vehicle in a
92	93		parking area provided for hotel guests.
93	94		SECTION 7. Sections 30.05, 30.06, and 30.07, Penal Code, as
94	95		amended by this Act, apply only to an offense committed on or after
95	96		the effective date of this Act. An offense committed before the
96	97		effective date of this Act is governed by the law in effect on the
97	98		date the offense was committed, and the former law is continued in
98	99		effect for that purpose. For purposes of this section, an offense
99	100		was committed before the effective date of this Act if any element
100	101		of the offense occurred before that date.
101	102		SECTION 8. This Act takes effect September 1, 2021.