Texas 2021 - 87th Regular

Texas House Bill HB1856 Latest Draft

Bill / Engrossed Version Filed 04/15/2021

                            87R15933 JSC-D
 By: Hefner, White, Metcalf, Raymond, Slawson, H.B. No. 1856
 et al.


 A BILL TO BE ENTITLED
 AN ACT
 relating to carrying and storing a firearm or firearm ammunition by
 a hotel guest.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Subchapter C, Chapter 2155,
 Occupations Code, is amended to read as follows:
 SUBCHAPTER C. FIREARMS POLICY [NOTICE]
 SECTION 2.  Section 2155.101, Occupations Code, is amended
 to read as follows:
 Sec. 2155.101.  DEFINITION.  In this subchapter, "hotel"
 means a hotel, motel, inn, or similar business entity that offers
 more than 10 rooms to the public for temporary lodging for a fee
 [has the meaning assigned by Section 156.001, Tax Code].
 SECTION 3.  Subchapter C, Chapter 2155, Occupations Code, is
 amended by adding Section 2155.1025 to read as follows:
 Sec. 2155.1025.  FIREARMS POLICY. (a) Unless possession of
 a handgun or other firearm or ammunition on hotel property is
 prohibited by state or federal law, a hotel may not adopt a policy
 prohibiting a hotel guest from:
 (1)  carrying or storing a firearm or firearm
 ammunition in the guest's hotel room;
 (2)  carrying a firearm or firearm ammunition directly
 en route to or from the hotel or the guest's hotel room;
 (3)  carrying a firearm or firearm ammunition directly
 en route to or from the guest's vehicle located on the hotel
 property, including a vehicle in a parking area provided for hotel
 guests; or
 (4)  carrying or storing a firearm or firearm
 ammunition in the guest's vehicle located on the hotel property,
 including a vehicle in a parking area provided for hotel guests.
 (b)  A hotel may adopt a policy requiring a hotel guest
 carrying a firearm or firearm ammunition in a common area on the
 hotel property to:
 (1)  carry a handgun in a concealed manner; or
 (2)  carry a firearm or ammunition in a case or bag.
 SECTION 4.  Section 30.05, Penal Code, is amended by adding
 Subsection (f-4) to read as follows:
 (f-4)  It is a defense to prosecution under this section
 that:
 (1)  the conduct occurred on hotel property, and the
 basis on which entry on that property was forbidden is that entry
 with a firearm or firearm ammunition was forbidden;
 (2)  the actor is a guest of a hotel, as defined by
 Section 2155.101, Occupations Code; and
 (3)  the actor:
 (A)  carries or stores a firearm or firearm
 ammunition in the actor's hotel room;
 (B)  carries a firearm or firearm ammunition
 directly en route to or from the hotel or the actor's hotel room;
 (C)  carries a firearm or firearm ammunition
 directly en route to or from the actor's vehicle located on the
 hotel property, including a vehicle in a parking area provided for
 hotel guests; or
 (D)  carries or stores a firearm or firearm
 ammunition in the actor's vehicle located on the hotel property,
 including a vehicle in a parking area provided for hotel guests.
 SECTION 5.  Section 30.06, Penal Code, is amended by adding
 Subsection (e-4) to read as follows:
 (e-4)  It is a defense to prosecution under this section that
 the license holder is a guest of a hotel, as defined by Section
 2155.101, Occupations Code, and the license holder:
 (1)  carries or stores a handgun in the license holder's
 hotel room;
 (2)  carries a handgun directly en route to or from the
 hotel or the license holder's hotel room;
 (3)  carries a handgun directly en route to or from the
 license holder's vehicle located on the hotel property, including a
 vehicle in a parking area provided for hotel guests; or
 (4)  carries or stores a handgun in the license holder's
 vehicle located on the hotel property, including a vehicle in a
 parking area provided for hotel guests.
 SECTION 6.  Section 30.07, Penal Code, is amended by adding
 Subsection (e-4) to read as follows:
 (e-4)  It is a defense to prosecution under this section that
 the license holder is a guest of a hotel, as defined by Section
 2155.101, Occupations Code, and the license holder:
 (1)  carries or stores a handgun in the license holder's
 hotel room;
 (2)  carries a handgun directly en route to or from the
 hotel or the license holder's hotel room;
 (3)  carries a handgun directly en route to or from the
 license holder's vehicle located on the hotel property, including a
 vehicle in a parking area provided for hotel guests; or
 (4)  carries or stores a handgun in the license holder's
 vehicle located on the hotel property, including a vehicle in a
 parking area provided for hotel guests.
 SECTION 7.  Sections 30.05, 30.06, and 30.07, Penal Code, as
 amended by this Act, apply only to an offense committed on or after
 the effective date of this Act. An offense committed before the
 effective date of this Act is governed by the law in effect on the
 date the offense was committed, and the former law is continued in
 effect for that purpose. For purposes of this section, an offense
 was committed before the effective date of this Act if any element
 of the offense occurred before that date.
 SECTION 8.  This Act takes effect September 1, 2021.