87R2052 TSS-D
By: Bernal H.B. No. 213
A BILL TO BE ENTITLED
AN ACT
relating to limiting the locations where a person may carry a
firearm other than a handgun; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsection (a-5) to read as
follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a firearm [handgun]; and
(2) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
(a-5) It is a defense to prosecution under Subsection (a)
that:
(1) the actor was carrying a firearm other than a
handgun;
(2) the actor was on a premises owned by another or was
inside of or directly en route to a motor vehicle or watercraft that
is owned by another;
(3) the owner of the premises, motor vehicle, or
watercraft gave the actor verbal or written authorization to carry
the firearm on the premises or in the motor vehicle or watercraft,
as applicable;
(4) carrying or possessing a firearm other than a
handgun on those premises or in the motor vehicle or watercraft is
not otherwise prohibited under this chapter or other law; and
(5) the premises, vehicle, or watercraft is not open
to or accessible by the public.
SECTION 2. The changes in law made 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 3. This Act takes effect September 1, 2021.