Texas 2021 - 87th Regular

Texas House Bill HB2900 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8153 JSC-D
2	2	By: Hefner H.B. No. 2900
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions governing the carrying of a firearm by a
8	8	person who is not otherwise prohibited by state or federal law from
9	9	possessing the firearm and to other provisions related to the
10	10	carrying, possessing, transporting, or storing of a firearm; making
11	11	conforming changes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. SHORT TITLE
14	14	SECTION 1.01. This Act shall be known as the Texas
15	15	Constitutional Carry Act of 2021.
16	16	ARTICLE 2. CARRYING OF HANDGUNS, FIREARMS, AND OTHER WEAPONS;
17	17	CRIMINAL PENALTIES
18	18	SECTION 2.01. The heading to Section 46.02, Penal Code, is
19	19	amended to read as follows:
20	20	Sec. 46.02. UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED
21	21	WEAPONS.
22	22	SECTION 2.02. Section 46.02(b), Penal Code, is amended to
23	23	read as follows:
24	24	(b) An [Except as provided by Subsection (c) or (d), an]
25	25	offense under this section is a Class C [A] misdemeanor.
26	26	SECTION 2.03. Sections 46.03(a), (e-1), (e-2), and (f),
27	27	Penal Code, are amended to read as follows:
28	28	(a) A person commits an offense if the person intentionally,
29	29	knowingly, or recklessly possesses or goes with a firearm,
30	30	location-restricted knife, club, or prohibited weapon listed in
31	31	Section 46.05(a):
32	32	(1) on the physical premises of a school or
33	33	educational institution, any grounds or building on which an
34	34	activity sponsored by a school or educational institution is being
35	35	conducted, or a passenger transportation vehicle of a school or
36	36	educational institution, whether the school or educational
37	37	institution is public or private, unless:
38	38	(A) pursuant to written regulations or written
39	39	authorization of the institution; or
40	40	(B) the person is not otherwise prohibited by law
41	41	from possessing a firearm and possesses or goes with a [concealed]
42	42	handgun [that the person is licensed to carry under Subchapter H,
43	43	Chapter 411, Government Code, and no other weapon to which this
44	44	section applies,] on the premises of an institution of higher
45	45	education or private or independent institution of higher
46	46	education, on any grounds or building on which an activity
47	47	sponsored by the institution is being conducted, or in a passenger
48	48	transportation vehicle of the institution;
49	49	(2) on the premises of a polling place on the day of an
50	50	election or while early voting is in progress;
51	51	(3) on the premises of any government court or offices
52	52	utilized by the court, unless pursuant to written regulations or
53	53	written authorization of the court;
54	54	(4) on the premises of a racetrack;
55	55	(5) in or into a secured area of an airport; or
56	56	(6) within 1,000 feet of premises the location of
57	57	which is designated by the Texas Department of Criminal Justice as a
58	58	place of execution under Article 43.19, Code of Criminal Procedure,
59	59	on a day that a sentence of death is set to be imposed on the
60	60	designated premises and the person received notice that:
61	61	(A) going within 1,000 feet of the premises with
62	62	a weapon listed under this subsection was prohibited; or
63	63	(B) possessing a weapon listed under this
64	64	subsection within 1,000 feet of the premises was prohibited.
65	65	(e-1) It is a defense to prosecution under Subsection (a)(5)
66	66	that the actor:
67	67	(1) possessed, at the screening checkpoint for the
68	68	secured area, a [concealed] handgun that the actor was not
69	69	otherwise prohibited by state or federal law from possessing
70	70	[licensed to carry under Subchapter H, Chapter 411, Government
71	71	Code]; and
72	72	(2) exited the screening checkpoint for the secured
73	73	area immediately on [upon] completion of the required screening
74	74	processes and notification that the actor possessed the handgun.
75	75	(e-2) A peace officer investigating conduct that may
76	76	constitute an offense under Subsection (a)(5) and that consists
77	77	only of an actor's possession of a [concealed] handgun that the
78	78	actor is not otherwise prohibited by state or federal law from
79	79	possessing [licensed to carry under Subchapter H, Chapter 411,
80	80	Government Code,] may not arrest the actor for the offense unless:
81	81	(1) the officer advises the actor of the defense
82	82	available under Subsection (e-1) and gives the actor an opportunity
83	83	to exit the screening checkpoint for the secured area; and
84	84	(2) the actor does not immediately exit the checkpoint
85	85	on [upon] completion of the required screening processes.
86	86	(f) Except as provided by Subsection (e-1), it is not a
87	87	defense to prosecution under this section that the actor possessed
88	88	a handgun and was:
89	89	(1) licensed to carry a handgun under Subchapter H,
90	90	Chapter 411, Government Code; or
91	91	(2) not otherwise prohibited by state or federal law
92	92	from possessing a firearm.
93	93	SECTION 2.04. Chapter 46, Penal Code, is amended by adding
94	94	Section 46.032 to read as follows:
95	95	Sec. 46.032. CARRYING OF HANDGUN. Except as otherwise
96	96	provided by this chapter or other law, a person who is not otherwise
97	97	prohibited from possessing a firearm under Section 46.04 of this
98	98	code, 18 U.S.C. Section 922, or other law:
99	99	(1) is not prohibited from carrying a concealed
100	100	handgun or a partially or wholly visible handgun in a holster; and
101	101	(2) may not be required to obtain or hold a license for
102	102	that purpose.
103	103	SECTION 2.05. The heading to Section 46.035, Penal Code, is
104	104	amended to read as follows:
105	105	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
106	106	HOLDER].
107	107	SECTION 2.06. Sections 46.035(a), (a-2), (a-3), (b), (c),
108	108	(d), (h), and (j), Penal Code, are amended to read as follows:
109	109	(a) A person [license holder] commits an offense if the
110	110	person [license holder] carries a handgun [on or about the license
111	111	holder's person under the authority of Subchapter H, Chapter 411,
112	112	Government Code,] and intentionally displays the handgun in plain
113	113	view of another person in a public place. It is an exception to the
114	114	application of this subsection that the handgun was partially or
115	115	wholly visible but was carried in a [shoulder or belt] holster [by
116	116	the license holder].
117	117	(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
118	118	person [license holder] commits an offense if the person [license
119	119	holder] carries a handgun on the campus of a private or independent
120	120	institution of higher education in this state that has established
121	121	rules, regulations, or other provisions prohibiting a person
122	122	[license holders] from carrying a handgun under [handguns pursuant
123	123	to] Section 51.992(h), Education [411.2031(e), Government] Code,
124	124	or on the grounds or building on which an activity sponsored by the
125	125	[such an] institution is being conducted, or in a passenger
126	126	transportation vehicle of the [such an] institution, regardless of
127	127	whether the handgun is concealed or carried in a holster, provided
128	128	the institution gives effective notice under Section 30.06 or
129	129	30.07, as applicable.
130	130	(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a
131	131	person [license holder] commits an offense if the person [license
132	132	holder] intentionally carries a [concealed] handgun on a portion of
133	133	a premises located on the campus of an institution of higher
134	134	education in this state on which the carrying of a [concealed]
135	135	handgun is prohibited by rules, regulations, or other provisions
136	136	established under Section 51.992(d), Education [411.2031(d-1),
137	137	Government] Code, provided the institution gives effective notice
138	138	under Section 30.06 or 30.07, as applicable, with respect to that
139	139	portion.
140	140	(b) A person [license holder] commits an offense if the
141	141	person [license holder] intentionally, knowingly, or recklessly
142	142	carries a handgun [under the authority of Subchapter H, Chapter
143	143	411, Government Code], regardless of whether the handgun is
144	144	concealed or carried in a [shoulder or belt] holster[, on or about
145	145	the license holder's person]:
146	146	(1) on the premises of a business that has a permit or
147	147	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
148	148	Beverage Code, if the business derives 51 percent or more of its
149	149	income from the sale or service of alcoholic beverages for
150	150	on-premises consumption, as determined by the Texas Alcoholic
151	151	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
152	152	(2) on the premises where a high school, collegiate,
153	153	or professional sporting event or interscholastic event is taking
154	154	place, unless the person [license holder] is a participant in the
155	155	event and a handgun is used in the event;
156	156	(3) on the premises of a correctional facility;
157	157	(4) on the premises of a hospital licensed under
158	158	Chapter 241, Health and Safety Code, or on the premises of a nursing
159	159	facility licensed under Chapter 242, Health and Safety Code, unless
160	160	the person [license holder] has written authorization of the
161	161	hospital or nursing facility administration, as appropriate;
162	162	(5) in an amusement park; or
163	163	(6) on the premises of a civil commitment facility.
164	164	(c) A person [license holder] commits an offense if:
165	165	(1) the person [license holder] intentionally,
166	166	knowingly, or recklessly carries a handgun [under the authority of
167	167	Subchapter H, Chapter 411, Government Code], regardless of whether
168	168	the handgun is concealed or carried in a [shoulder or belt] holster,
169	169	in the room or rooms where a meeting of a governmental entity is
170	170	held; and
171	171	(2) [if] the meeting described by Subdivision (1) is
172	172	an open meeting subject to Chapter 551, Government Code, and the
173	173	entity provided notice as required by that chapter.
174	174	(d) A person [license holder] commits an offense if the
175	175	person[, while intoxicated, the license holder] carries a handgun
176	176	while the person is intoxicated [under the authority of Subchapter
177	177	H, Chapter 411, Government Code], regardless of whether the handgun
178	178	is concealed or carried in a [shoulder or belt] holster.
179	179	(h) It is a defense to prosecution under Subsection (a),
180	180	[(a-1),] (a-2), or (a-3) that the actor, at the time of the
181	181	commission of the offense, displayed the handgun under
182	182	circumstances in which the actor would have been justified in the
183	183	use of force or deadly force under Chapter 9.
184	184	(j) Subsections (a), [(a-1),] (a-2), (a-3), and (b)(1) do
185	185	not apply to a historical reenactment performed in compliance with
186	186	the rules of the Texas Alcoholic Beverage Commission.
187	187	SECTION 2.07. Section 46.02(a-1), Penal Code, is
188	188	transferred to Section 46.035, Penal Code, redesignated as Section
189	189	46.035(d-1), Penal Code, and amended to read as follows:
190	190	(d-1) [(a-1)] A person commits an offense if the person
191	191	intentionally, knowingly, or recklessly carries [on or about his or
192	192	her person] a handgun, regardless of whether the handgun is
193	193	concealed or carried in a holster, [in a motor vehicle or watercraft
194	194	that is owned by the person or under the person's control] at any
195	195	time in which[:
196	196	[(1) the handgun is in plain view, unless the person is
197	197	licensed to carry a handgun under Subchapter H, Chapter 411,
198	198	Government Code, and the handgun is carried in a shoulder or belt
199	199	holster; or
200	200	[(2)] the person is:
201	201	(1) [(A)] engaged in criminal activity, other than a
202	202	Class C misdemeanor that is a violation of a law or ordinance
203	203	regulating traffic or boating; or
204	204	(2) otherwise [(B)] prohibited by law from possessing
205	205	a firearm[; or
206	206	[(C) a member of a criminal street gang, as defined by
207	207	Section 71.01].
208	208	SECTION 2.08. Sections 46.15(a), (h), and (l), Penal Code,
209	209	are amended to read as follows:
210	210	(a) Sections [46.02 and] 46.03 and 46.035(b) and (c) do not
211	211	apply to:
212	212	(1) peace officers or special investigators under
213	213	Article 2.122, Code of Criminal Procedure, and none of those
214	214	sections prohibit [neither section prohibits] a peace officer or
215	215	special investigator from carrying a weapon in this state,
216	216	including in an establishment in this state serving the public,
217	217	regardless of whether the peace officer or special investigator is
218	218	engaged in the actual discharge of the officer's or investigator's
219	219	duties while carrying the weapon;
220	220	(2) parole officers, and none of those sections
221	221	prohibit [neither section prohibits] an officer from carrying a
222	222	weapon in this state if the officer is:
223	223	(A) engaged in the actual discharge of the
224	224	officer's duties while carrying the weapon; and
225	225	(B) in compliance with policies and procedures
226	226	adopted by the Texas Department of Criminal Justice regarding the
227	227	possession of a weapon by an officer while on duty;
228	228	(3) community supervision and corrections department
229	229	officers appointed or employed under Section 76.004, Government
230	230	Code, and none of those sections prohibit [neither section
231	231	prohibits] an officer from carrying a weapon in this state if the
232	232	officer is:
233	233	(A) engaged in the actual discharge of the
234	234	officer's duties while carrying the weapon; and
235	235	(B) authorized to carry a weapon under Section
236	236	76.0051, Government Code;
237	237	(4) an active judicial officer as defined by Section
238	238	411.201, Government Code, who is licensed to carry a handgun under
239	239	Subchapter H, Chapter 411, Government Code;
240	240	(5) an honorably retired peace officer or other
241	241	qualified retired law enforcement officer, as defined by 18 U.S.C.
242	242	Section 926C, who holds a certificate of proficiency issued under
243	243	Section 1701.357, Occupations Code, and is carrying a photo
244	244	identification that is issued by a federal, state, or local law
245	245	enforcement agency, as applicable, and that verifies that the
246	246	officer is an honorably retired peace officer or other qualified
247	247	retired law enforcement officer;
248	248	(6) the attorney general or a United States attorney,
249	249	district attorney, criminal district attorney, county attorney, or
250	250	municipal attorney who is licensed to carry a handgun under
251	251	Subchapter H, Chapter 411, Government Code;
252	252	(7) an assistant United States attorney, assistant
253	253	attorney general, assistant district attorney, assistant criminal
254	254	district attorney, or assistant county attorney who is licensed to
255	255	carry a handgun under Subchapter H, Chapter 411, Government Code;
256	256	(8) a bailiff designated by an active judicial officer
257	257	as defined by Section 411.201, Government Code, who is:
258	258	(A) licensed to carry a handgun under Subchapter
259	259	H, Chapter 411, Government Code; and
260	260	(B) engaged in escorting the judicial officer;
261	261	(9) a juvenile probation officer who is authorized to
262	262	carry a firearm under Section 142.006, Human Resources Code; [or]
263	263	(10) a person who is volunteer emergency services
264	264	personnel if the person is:
265	265	(A) licensed to carry [carrying] a handgun under
266	266	[the authority of] Subchapter H, Chapter 411, Government Code; and
267	267	(B) engaged in providing emergency services; or
268	268	(11) a judge or justice of a federal court who is
269	269	licensed to carry a handgun under Subchapter H, Chapter 411,
270	270	Government Code.
271	271	(h) The provisions of Section [Sections 46.02 and] 46.03
272	272	prohibiting the possession or carrying of a club do not apply to a
273	273	code enforcement officer who:
274	274	(1) holds a certificate of registration issued under
275	275	Chapter 1952, Occupations Code; and
276	276	(2) possesses or carries an instrument used
277	277	specifically for deterring an animal bite while the officer is:
278	278	(A) performing official duties; or
279	279	(B) traveling to or from a place of duty.
280	280	(l) Sections [46.02,] 46.03(a)(1), (a)(2), (a)(3), and
281	281	(a)(4), and 46.035(a), [(a-1),] (a-2), (a-3), (b)(1), (b)(5), and
282	282	(b)(6) do not apply to a person who carries a handgun if:
283	283	(1) the person carries the handgun on the premises, as
284	284	defined by the statute providing the applicable offense, of a
285	285	location operating as an emergency shelter during a state of
286	286	disaster declared under Section 418.014, Government Code, or a
287	287	local state of disaster declared under Section 418.108, Government
288	288	Code;
289	289	(2) the owner, controller, or operator of the premises
290	290	or a person acting with the apparent authority of the owner,
291	291	controller, or operator, authorized the carrying of the handgun;
292	292	(3) the person carrying the handgun complies with any
293	293	rules and regulations of the owner, controller, or operator of the
294	294	premises that govern the carrying of a handgun on the premises; and
295	295	(4) the person is not prohibited by state or federal
296	296	law from possessing a firearm.
297	297	SECTION 2.09. The following provisions are repealed:
298	298	(1) Sections 46.02(a), (c), and (d), Penal Code;
299	299	(2) Section 46.035(f)(2), Penal Code;
300	300	(3) Section 46.035(a-1), Penal Code, as added by
301	301	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
302	302	Session, 2015;
303	303	(4) Section 46.035(a-1), Penal Code, as added by
304	304	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
305	305	Session, 2015;
306	306	(5) Section 46.035(h-1), Penal Code, as added by
307	307	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
308	308	Session, 2007;
309	309	(6) Section 46.035(h-1), Penal Code, as added by
310	310	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
311	311	Session, 2007; and
312	312	(7) Sections 46.15(b), (d), (j), and (k), Penal Code.
313	313	ARTICLE 3. SIGNS AND NOTICE FOR LOCATIONS WHERE HANDGUNS,
314	314	FIREARMS, OR OTHER WEAPONS PROHIBITED
315	315	SECTION 3.01. Section 411.204(c), Government Code, is
316	316	amended to read as follows:
317	317	(c) The sign required under Subsections (a) and (b) must
318	318	give notice in both English and Spanish that it is unlawful for a
319	319	person, regardless of whether the person is licensed under this
320	320	subchapter, to carry a handgun on the premises. The sign must
321	321	appear in contrasting colors with block letters at least one inch in
322	322	height and must include on its face the number "51" printed in solid
323	323	red at least five inches in height. The sign shall be displayed in a
324	324	conspicuous manner clearly visible to the public.
325	325	SECTION 3.02. The heading to Section 411.209, Government
326	326	Code, is amended to read as follows:
327	327	Sec. 411.209. WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
328	328	[LICENSE HOLDER].
329	329	SECTION 3.03. Section 411.209(a), Government Code, is
330	330	amended to read as follows:
331	331	(a) Except as provided by Subsection (i), a state agency or
332	332	a political subdivision of the state may not take any action,
333	333	including an action consisting of the provision of notice by a
334	334	communication described by Section 30.06 or 30.07, Penal Code, that
335	335	states or implies that a person [license holder] who is carrying a
336	336	handgun [under the authority of this subchapter] is prohibited from
337	337	entering or remaining on a premises or other place owned or leased
338	338	by the governmental entity unless a person is [license holders are]
339	339	prohibited from carrying a handgun on the premises or other place by
340	340	Section 46.03 or 46.035, Penal Code, or other law.
341	341	SECTION 3.04. The heading to Section 552.002, Health and
342	342	Safety Code, is amended to read as follows:
343	343	Sec. 552.002. CARRYING OF HANDGUN [BY LICENSE HOLDER] IN
344	344	STATE HOSPITAL.
345	345	SECTION 3.05. Sections 552.002(a), (b), and (c), Health and
346	346	Safety Code, are amended to read as follows:
347	347	(a) In this section:
348	348	(1) ["License holder" has the meaning assigned by
349	349	Section 46.035(f), Penal Code.
350	350	[(2)] "State hospital" means the following
351	351	facilities:
352	352	(A) the Austin State Hospital;
353	353	(B) the Big Spring State Hospital;
354	354	(C) the El Paso Psychiatric Center;
355	355	(D) the Kerrville State Hospital;
356	356	(E) the North Texas State Hospital;
357	357	(F) the Rio Grande State Center;
358	358	(G) the Rusk State Hospital;
359	359	(H) the San Antonio State Hospital;
360	360	(I) the Terrell State Hospital; and
361	361	(J) the Waco Center for Youth.
362	362	(2) [(3)] "Written notice" means a sign that is posted
363	363	on property and that:
364	364	(A) includes in both English and Spanish written
365	365	language identical to the following: "Pursuant to Section 552.002,
366	366	Health and Safety Code (carrying of handgun [by license holder] in
367	367	state hospital), a person [licensed under Subchapter H, Chapter
368	368	411, Government Code (handgun licensing law),] may not enter this
369	369	property with a handgun";
370	370	(B) appears in contrasting colors with block
371	371	letters at least one inch in height; and
372	372	(C) is displayed in a conspicuous manner clearly
373	373	visible to the public at each entrance to the property.
374	374	(b) A state hospital may prohibit a person [license holder]
375	375	from carrying a handgun [under the authority of Subchapter H,
376	376	Chapter 411, Government Code,] on the property of the hospital by
377	377	providing written notice.
378	378	(c) A person [license holder] who carries a handgun [under
379	379	the authority of Subchapter H, Chapter 411, Government Code,] on
380	380	the property of a state hospital at which written notice is provided
381	381	is liable for a civil penalty in the amount of:
382	382	(1) $100 for the first violation; or
383	383	(2) $500 for the second or subsequent violation.
384	384	SECTION 3.06. Section 30.05(f), Penal Code, is amended to
385	385	read as follows:
386	386	(f) It is a defense to prosecution under this section that:
387	387	(1) the basis on which entry on the property or land or
388	388	in the building was forbidden is that entry with a firearm [handgun]
389	389	was forbidden; and
390	390	(2) the person was carrying[:
391	391	[(A) a license issued under Subchapter H, Chapter
392	392	411, Government Code, to carry a handgun; and
393	393	[(B)] a handgun:
394	394	(A) [(i)] in a concealed manner; or
395	395	(B) [(ii)] in a [shoulder or belt] holster.
396	396	SECTION 3.07. The heading to Section 30.06, Penal Code, is
397	397	amended to read as follows:
398	398	Sec. 30.06. TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
399	399	CONCEALED HANDGUN.
400	400	SECTION 3.08. Sections 30.06(a), (c), (d), (e), (e-1),
401	401	(e-2), (e-3), (f), and (g), Penal Code, are amended to read as
402	402	follows:
403	403	(a) A person [license holder] commits an offense if the
404	404	person [license holder]:
405	405	(1) carries a concealed handgun [under the authority
406	406	of Subchapter H, Chapter 411, Government Code,] on property of
407	407	another without effective consent; and
408	408	(2) received notice that entry on the property by a
409	409	person [license holder] with a concealed handgun was forbidden.
410	410	(c) In this section:
411	411	(1) "Entry" has the meaning assigned by Section
412	412	30.05(b).
413	413	(2) ["License holder" has the meaning assigned by
414	414	Section 46.035(f).
415	415	[(3)] "Written communication" means:
416	416	(A) a card or other document on which is written
417	417	language identical to the following: "Pursuant to Section 30.06,
418	418	Penal Code (trespass by person [license holder] with [a] concealed
419	419	handgun), a person [licensed under Subchapter H, Chapter 411,
420	420	Government Code (handgun licensing law),] may not enter this
421	421	property with a concealed handgun"; or
422	422	(B) a sign posted on the property that:
423	423	(i) includes the language described by
424	424	Paragraph (A) in both English and Spanish;
425	425	(ii) appears in contrasting colors with
426	426	block letters at least one inch in height; and
427	427	(iii) is displayed in a conspicuous manner
428	428	clearly visible to the public at each entrance to the property.
429	429	(d) An offense under this section is a Class C misdemeanor
430	430	punishable by a fine not to exceed $200, except that the offense is
431	431	a Class A misdemeanor if it is shown on the trial of the offense
432	432	that, after entering the property, the person [license holder] was
433	433	personally given the notice by oral communication described by
434	434	Subsection (b) and subsequently failed to depart.
435	435	(e) It is an exception to the application of this section
436	436	that the property on which the person [license holder] carries a
437	437	handgun is owned or leased by a governmental entity and is not a
438	438	premises or other place on which the person [license holder] is
439	439	prohibited from carrying the handgun under Section 46.03 or 46.035
440	440	or other law.
441	441	(e-1) It is a defense to prosecution under this section
442	442	that:
443	443	(1) the person [license holder] is:
444	444	(A) an owner of an apartment in a condominium
445	445	regime governed by Chapter 81, Property Code;
446	446	(B) an owner of a condominium unit governed by
447	447	Chapter 82, Property Code;
448	448	(C) a tenant or guest of an owner described by
449	449	Paragraph (A) or (B); or
450	450	(D) a guest of a tenant of an owner described by
451	451	Paragraph (A) or (B); and
452	452	(2) the person [license holder]:
453	453	(A) carries or stores a handgun in the
454	454	condominium apartment or unit owner's apartment or unit;
455	455	(B) carries a handgun directly en route to or
456	456	from the condominium apartment or unit owner's apartment or unit;
457	457	(C) carries a handgun directly en route to or
458	458	from the person's [license holder's] vehicle located in a parking
459	459	area provided for residents or guests of the condominium property;
460	460	or
461	461	(D) carries or stores a handgun in the person's
462	462	[license holder's] vehicle located in a parking area provided for
463	463	residents or guests of the condominium property.
464	464	(e-2) It is a defense to prosecution under this section
465	465	that:
466	466	(1) the person [license holder] is a tenant of a leased
467	467	premises governed by Chapter 92, Property Code, or the tenant's
468	468	guest; and
469	469	(2) the person [license holder]:
470	470	(A) carries or stores a handgun in the tenant's
471	471	rental unit;
472	472	(B) carries a handgun directly en route to or
473	473	from the tenant's rental unit;
474	474	(C) carries a handgun directly en route to or
475	475	from the person's [license holder's] vehicle located in a parking
476	476	area provided for tenants or guests by the landlord of the leased
477	477	premises; or
478	478	(D) carries or stores a handgun in the person's
479	479	[license holder's] vehicle located in a parking area provided for
480	480	tenants or guests by the landlord of the leased premises.
481	481	(e-3) It is a defense to prosecution under this section
482	482	that:
483	483	(1) the person [license holder] is a tenant of a
484	484	manufactured home lot governed by Chapter 94, Property Code, or the
485	485	tenant's guest; and
486	486	(2) the person [license holder]:
487	487	(A) carries or stores a handgun in the tenant's
488	488	manufactured home;
489	489	(B) carries a handgun directly en route to or
490	490	from the tenant's manufactured home;
491	491	(C) carries a handgun directly en route to or
492	492	from the person's [license holder's] vehicle located in a parking
493	493	area provided for tenants or tenants' guests by the landlord of the
494	494	leased premises; or
495	495	(D) carries or stores a handgun in the person's
496	496	[license holder's] vehicle located in a parking area provided for
497	497	tenants or tenants' guests by the landlord of the leased premises.
498	498	(f) It is a defense to prosecution under this section that
499	499	the person [license holder] is volunteer emergency services
500	500	personnel, as defined by Section 46.01.
501	501	(g) It is a defense to prosecution under this section that
502	502	the person [license holder] was personally given notice by oral
503	503	communication described by Subsection (b) and promptly departed
504	504	from the property.
505	505	SECTION 3.09. The heading to Section 30.07, Penal Code, is
506	506	amended to read as follows:
507	507	Sec. 30.07. TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
508	508	OPENLY CARRIED HANDGUN.
509	509	SECTION 3.10. Sections 30.07(a), (c), (d), (e), (e-1),
510	510	(e-2), (e-3), (f), (g), and (h), Penal Code, are amended to read as
511	511	follows:
512	512	(a) A person [license holder] commits an offense if the
513	513	person [license holder]:
514	514	(1) openly carries a handgun [under the authority of
515	515	Subchapter H, Chapter 411, Government Code,] on property of another
516	516	without effective consent; and
517	517	(2) received notice that entry on the property by a
518	518	person [license holder] openly carrying a handgun was forbidden.
519	519	(c) In this section:
520	520	(1) "Entry" has the meaning assigned by Section
521	521	30.05(b).
522	522	(2) ["License holder" has the meaning assigned by
523	523	Section 46.035(f).
524	524	[(3)] "Written communication" means:
525	525	(A) a card or other document on which is written
526	526	language identical to the following: "Pursuant to Section 30.07,
527	527	Penal Code (trespass by person [license holder] with [an] openly
528	528	carried handgun), a person [licensed under Subchapter H, Chapter
529	529	411, Government Code (handgun licensing law),] may not enter this
530	530	property with a handgun that is carried openly"; or
531	531	(B) a sign posted on the property that:
532	532	(i) includes the language described by
533	533	Paragraph (A) in both English and Spanish;
534	534	(ii) appears in contrasting colors with
535	535	block letters at least one inch in height; and
536	536	(iii) is displayed in a conspicuous manner
537	537	clearly visible to the public at each entrance to the property.
538	538	(d) An offense under this section is a Class C misdemeanor
539	539	punishable by a fine not to exceed $200, except that the offense is
540	540	a Class A misdemeanor if it is shown on the trial of the offense
541	541	that, after entering the property, the person [license holder] was
542	542	personally given the notice by oral communication described by
543	543	Subsection (b) and subsequently failed to depart.
544	544	(e) It is an exception to the application of this section
545	545	that the property on which the person [license holder] openly
546	546	carries a [the] handgun is owned or leased by a governmental entity
547	547	and is not a premises or other place on which the person [license
548	548	holder] is prohibited from carrying the handgun under Section 46.03
549	549	or 46.035 or other law.
550	550	(e-1) It is a defense to prosecution under this section
551	551	that:
552	552	(1) the person [license holder] is:
553	553	(A) an owner of an apartment in a condominium
554	554	regime governed by Chapter 81, Property Code;
555	555	(B) an owner of a condominium unit governed by
556	556	Chapter 82, Property Code;
557	557	(C) a tenant or guest of an owner described by
558	558	Paragraph (A) or (B); or
559	559	(D) a guest of a tenant of an owner described by
560	560	Paragraph (A) or (B); and
561	561	(2) the person [license holder]:
562	562	(A) carries or stores a handgun in the
563	563	condominium apartment or unit owner's apartment or unit;
564	564	(B) carries a handgun directly en route to or
565	565	from the condominium apartment or unit owner's apartment or unit;
566	566	(C) carries a handgun directly en route to or
567	567	from the person's [license holder's] vehicle located in a parking
568	568	area provided for residents or guests of the condominium property;
569	569	or
570	570	(D) carries or stores a handgun in the person's
571	571	[license holder's] vehicle located in a parking area provided for
572	572	residents or guests of the condominium property.
573	573	(e-2) It is a defense to prosecution under this section
574	574	that:
575	575	(1) the person [license holder] is a tenant of a leased
576	576	premises governed by Chapter 92, Property Code, or the tenant's
577	577	guest; and
578	578	(2) the person [license holder]:
579	579	(A) carries or stores a handgun in the tenant's
580	580	rental unit;
581	581	(B) carries a handgun directly en route to or
582	582	from the tenant's rental unit;
583	583	(C) carries a handgun directly en route to or
584	584	from the person's [license holder's] vehicle located in a parking
585	585	area provided for tenants or guests by the landlord of the leased
586	586	premises; or
587	587	(D) carries or stores a handgun in the person's
588	588	[license holder's] vehicle located in a parking area provided for
589	589	tenants or guests by the landlord of the leased premises.
590	590	(e-3) It is a defense to prosecution under this section
591	591	that:
592	592	(1) the person [license holder] is a tenant of a
593	593	manufactured home lot governed by Chapter 94, Property Code, or the
594	594	tenant's guest; and
595	595	(2) the person [license holder]:
596	596	(A) carries or stores a handgun in the tenant's
597	597	manufactured home;
598	598	(B) carries a handgun directly en route to or
599	599	from the tenant's manufactured home;
600	600	(C) carries a handgun directly en route to or
601	601	from the person's [license holder's] vehicle located in a parking
602	602	area provided for tenants or tenants' guests by the landlord of the
603	603	leased premises; or
604	604	(D) carries or stores a handgun in the person's
605	605	[license holder's] vehicle located in a parking area provided for
606	606	tenants or tenants' guests by the landlord of the leased premises.
607	607	(f) It is not a defense to prosecution under this section
608	608	that the handgun was carried in a [shoulder or belt] holster.
609	609	(g) It is a defense to prosecution under this section that
610	610	the person [license holder] is volunteer emergency services
611	611	personnel, as defined by Section 46.01.
612	612	(h) It is a defense to prosecution under this section that
613	613	the person [license holder] was personally given notice by oral
614	614	communication described by Subsection (b) and promptly departed
615	615	from the property.
616	616	SECTION 3.11. The following provisions are repealed:
617	617	(1) Sections 11.041 and 61.11, Alcoholic Beverage
618	618	Code;
619	619	(2) Sections 11.61(e) and 61.71(f), Alcoholic
620	620	Beverage Code; and
621	621	(3) Section 411.204(d), Government Code.
622	622	ARTICLE 4. LOCAL REGULATION OF HANDGUNS OR OTHER FIREARMS
623	623	SECTION 4.01. Section 191.010(a), Local Government Code, is
624	624	amended to read as follows:
625	625	(a) In this section, "photo identification" means one of the
626	626	following forms of photo identification:
627	627	(1) a driver's license, election identification
628	628	certificate, or personal identification card issued to the person
629	629	by any state or territory of the United States that has not expired
630	630	or that expired no earlier than 60 days before the date of
631	631	presentation;
632	632	(2) a United States military identification card that
633	633	contains the person's photograph that has not expired or that
634	634	expired no earlier than 60 days before the date of presentation;
635	635	(3) a United States citizenship certificate issued to
636	636	the person that contains the person's photograph;
637	637	(4) a United States Permanent Resident Card that has
638	638	not expired or that expired no earlier than 60 days before the date
639	639	of presentation;
640	640	(5) an identification card issued by a municipality
641	641	intended to serve as a general identification card for the holder
642	642	that has not expired or that expired no earlier than 60 days before
643	643	the date of presentation;
644	644	(6) a federally recognized tribal enrollment card or
645	645	other form of tribal identification that has not expired or that
646	646	expired no earlier than 60 days before the date of presentation;
647	647	(7) a United States passport or a passport issued by a
648	648	foreign government recognized by the United States issued to the
649	649	person that has not expired or that expired no earlier than 60 days
650	650	before the date of presentation; or
651	651	(8) a license to carry a [concealed] handgun issued to
652	652	the person by the Department of Public Safety that has not expired
653	653	or that expired no earlier than 60 days before the date of
654	654	presentation.
655	655	SECTION 4.02. Section 229.001(b), Local Government Code, is
656	656	amended to read as follows:
657	657	(b) Subsection (a) does not affect the authority a
658	658	municipality has under another law to:
659	659	(1) require residents or public employees to be armed
660	660	for personal or national defense, law enforcement, or another
661	661	lawful purpose;
662	662	(2) regulate the discharge of firearms or air guns
663	663	within the limits of the municipality, other than at a sport
664	664	shooting range;
665	665	(3) except as provided by Subsection (b-1), adopt or
666	666	enforce a generally applicable zoning ordinance, land use
667	667	regulation, fire code, or business ordinance;
668	668	(4) regulate the use of firearms, air guns, or knives
669	669	in the case of an insurrection, riot, or natural disaster if the
670	670	municipality finds the regulations necessary to protect public
671	671	health and safety;
672	672	(5) regulate the storage or transportation of
673	673	explosives to protect public health and safety, except that 25
674	674	pounds or less of black powder for each private residence and 50
675	675	pounds or less of black powder for each retail dealer are not
676	676	subject to regulation;
677	677	(6) regulate the carrying of an air gun or [a] firearm,
678	678	[or air gun by a person] other than a [person licensed to carry a]
679	679	handgun carried by a person not otherwise prohibited by state or
680	680	federal law from possessing a firearm [under Subchapter H, Chapter
681	681	411, Government Code], at a:
682	682	(A) [public park;
683	683	[(B)] public meeting of a municipality, county,
684	684	or other governmental body;
685	685	[(C) political rally, parade, or official
686	686	political meeting;] or
687	687	(B) [(D)] nonfirearms-related school, college,
688	688	or professional athletic event;
689	689	(7) [regulate the carrying of a firearm by a person
690	690	licensed to carry a handgun under Subchapter H, Chapter 411,
691	691	Government Code,] in accordance with Section 411.209, Government
692	692	Code, regulate the carrying of a firearm by any person;
693	693	(8) regulate the hours of operation of a sport
694	694	shooting range, except that the hours of operation may not be more
695	695	limited than the least limited hours of operation of any other
696	696	business in the municipality other than a business permitted or
697	697	licensed to sell or serve alcoholic beverages for on-premises
698	698	consumption;
699	699	(9) regulate the carrying of an air gun by a minor on:
700	700	(A) public property; or
701	701	(B) private property without consent of the
702	702	property owner; or
703	703	(10) except as provided by Subsection (d-1), regulate
704	704	or prohibit an employee's carrying or possession of a firearm,
705	705	firearm accessory, or ammunition in the course of the employee's
706	706	official duties.
707	707	SECTION 4.03. Section 236.002(c), Local Government Code, is
708	708	amended to read as follows:
709	709	(c) Subsection (a) does not affect the authority of a county
710	710	to:
711	711	(1) require a resident or public employee to be armed
712	712	for personal or national defense, law enforcement, or other purpose
713	713	under other law;
714	714	(2) regulate the discharge of firearms or air guns in
715	715	accordance with Section 235.022;
716	716	(3) [regulate the carrying of a firearm by a person
717	717	licensed to carry a handgun under Subchapter H, Chapter 411,
718	718	Government Code,] in accordance with Section 411.209, Government
719	719	Code, regulate the carrying of a firearm by any person;
720	720	(4) except as provided by Subsection (d), adopt or
721	721	enforce a generally applicable land use regulation, fire code, or
722	722	business regulation; or
723	723	(5) except as provided by Subsection (e), regulate or
724	724	prohibit an employee's carrying or possession of a firearm, firearm
725	725	accessory, or ammunition in the course of the employee's official
726	726	duties.
727	727	ARTICLE 5. INTERACTION WITH LAW ENFORCEMENT WHILE CARRYING HANDGUN
728	728	SECTION 5.01. The heading to Section 411.206, Government
729	729	Code, is amended to read as follows:
730	730	Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
731	731	SECTION 5.02. Sections 411.206(a) and (c), Government Code,
732	732	are amended to read as follows:
733	733	(a) If a peace officer arrests and takes into custody a
734	734	person [license holder] who is carrying a handgun [under the
735	735	authority of this subchapter], the officer shall seize the person's
736	736	[license holder's] handgun. The peace officer also shall seize the
737	737	person's handgun [and] license as evidence if the person holds a
738	738	handgun license under this subchapter and is carrying the license
739	739	at the time of the arrest.
740	740	(c) Any judgment of conviction entered by any court for an
741	741	offense under Section 46.035, Penal Code, must contain the handgun
742	742	license number of the convicted person, if the person is a handgun
743	743	license holder. A certified copy of the judgment is conclusive and
744	744	sufficient evidence to justify revocation of a license under
745	745	Section 411.186(a)(4).
746	746	SECTION 5.03. Section 411.207, Government Code, is amended
747	747	by amending Subsections (a), (b), and (c) and adding Subsection
748	748	(a-1) to read as follows:
749	749	(a) A peace officer who is acting in the lawful discharge of
750	750	the officer's official duties may disarm a person, including a
751	751	license holder, who is carrying a handgun at any time the officer
752	752	reasonably believes it is necessary for the protection of the
753	753	person [license holder], officer, or another individual. The peace
754	754	officer shall return the handgun to the person [license holder]
755	755	before discharging the person [license holder] from the scene if
756	756	the officer determines that the person:
757	757	(1) [license holder] is not a threat to the officer,
758	758	person [license holder], or another individual;
759	759	(2) [and if the license holder] has not violated any
760	760	provision of this subchapter or committed any other violation that
761	761	results in the arrest of the person; and
762	762	(3) is not prohibited from possessing a firearm
763	763	[license holder].
764	764	(a-1) A peace officer may not disarm or detain a person
765	765	under Subsection (a) solely because the person is carrying a
766	766	concealed or holstered handgun.
767	767	(b) A peace officer who is acting in the lawful discharge of
768	768	the officer's official duties may [temporarily] disarm a person
769	769	only temporarily, regardless of whether the person is a license
770	770	holder, when the person [a license holder] enters a nonpublic,
771	771	secure portion of a law enforcement facility. The[, if the] law
772	772	enforcement agency shall provide [provides] a gun locker where the
773	773	peace officer can secure the person's [license holder's] handgun.
774	774	The peace officer shall secure the handgun in the locker and shall
775	775	return the handgun to the person [license holder] immediately after
776	776	the person [license holder] leaves the nonpublic, secure portion of
777	777	the law enforcement facility.
778	778	(c) A law enforcement facility shall prominently display at
779	779	each entrance to a nonpublic, secure portion of the facility a sign
780	780	that gives notice in both English and Spanish that, under this
781	781	section, a peace officer may temporarily disarm a person,
782	782	regardless of whether the person is a license holder, when the
783	783	person [license holder] enters the nonpublic, secure portion of the
784	784	facility. The sign must appear in contrasting colors with block
785	785	letters at least one inch in height. The sign shall be displayed in
786	786	a clearly visible and conspicuous manner.
787	787	SECTION 5.04. Section 411.205, Government Code, is
788	788	repealed.
789	789	ARTICLE 6. EMPLOYER RIGHTS; CARRYING AND STORAGE OF HANDGUN,
790	790	FIREARM, AND AMMUNITION BY EMPLOYEE
791	791	SECTION 6.01. Section 411.203, Government Code, is amended
792	792	to read as follows:
793	793	Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
794	794	does not prevent or otherwise limit the right of a public or private
795	795	employer to prohibit persons who are licensed under this subchapter
796	796	or not otherwise prohibited by state or federal law from possessing
797	797	a firearm from carrying a handgun or other firearm on the premises
798	798	of the business.
799	799	(b) In this section, "premises" has the meaning assigned by
800	800	Section 46.035(f) [46.035(f)(3)], Penal Code.
801	801	SECTION 6.02. Section 52.061, Labor Code, is amended to
802	802	read as follows:
803	803	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
804	804	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
805	805	may not prohibit an employee who is not otherwise prohibited by
806	806	state or federal law from possessing [holds a license to carry a
807	807	handgun under Subchapter H, Chapter 411, Government Code, who
808	808	otherwise lawfully possesses] a firearm[,] or [who lawfully
809	809	possesses] ammunition from transporting or storing a firearm or
810	810	ammunition [the employee is authorized by law to possess] in a
811	811	locked, privately owned motor vehicle in a parking lot, parking
812	812	garage, or other parking area the employer provides for employees.
813	813	SECTION 6.03. Section 52.062(a), Labor Code, is amended to
814	814	read as follows:
815	815	(a) Section 52.061 does not:
816	816	(1) authorize a person who is not otherwise prohibited
817	817	by state or federal law from possessing [holds a license to carry a
818	818	handgun under Subchapter H, Chapter 411, Government Code, who
819	819	otherwise lawfully possesses] a firearm[,] or [who lawfully
820	820	possesses] ammunition to possess a firearm or ammunition on any
821	821	property where the possession of a firearm or ammunition is
822	822	prohibited by state or federal law; or
823	823	(2) apply to:
824	824	(A) a vehicle owned or leased by a public or
825	825	private employer and used by an employee in the course and scope of
826	826	the employee's employment, unless the employee is required to
827	827	transport or store a firearm in the official discharge of the
828	828	employee's duties;
829	829	(B) a school district;
830	830	(C) an open-enrollment charter school, as
831	831	defined by Section 5.001, Education Code;
832	832	(D) a private school, as defined by Section
833	833	22.081, Education Code;
834	834	(E) property owned or controlled by a person,
835	835	other than the employer, that is subject to a valid, unexpired oil,
836	836	gas, or other mineral lease that contains a provision prohibiting
837	837	the possession of firearms on the property; or
838	838	(F) property owned or leased by a chemical
839	839	manufacturer or oil and gas refiner with an air authorization under
840	840	Chapter 382, Health and Safety Code, and on which the primary
841	841	business conducted is the manufacture, use, storage, or
842	842	transportation of hazardous, combustible, or explosive materials,
843	843	except in regard to an employee who is not otherwise prohibited by
844	844	state or federal law from possessing a firearm or ammunition [holds
845	845	a license to carry a handgun under Subchapter H, Chapter 411,
846	846	Government Code,] and [who] stores the [a] firearm or ammunition
847	847	[the employee is authorized by law to possess] in a locked,
848	848	privately owned motor vehicle in a parking lot, parking garage, or
849	849	other parking area the employer provides for employees that is
850	850	outside of a secured and restricted area:
851	851	(i) that contains the physical plant;
852	852	(ii) that is not open to the public; and
853	853	(iii) the ingress into which is constantly
854	854	monitored by security personnel.
855	855	ARTICLE 7. CARRYING AND STORAGE OF HANDGUN, FIREARM, AND
856	856	AMMUNITION ON CAMPUS OF PUBLIC OR PRIVATE INSTITUTION OF HIGHER
857	857	EDUCATION
858	858	SECTION 7.01. Chapter 51, Education Code, is amended by
859	859	adding Subchapter Z-1, and a heading is added to that subchapter to
860	860	read as follows:
861	861	SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS
862	862	SECTION 7.02. Sections 411.2031 and 411.2032, Government
863	863	Code, are transferred to Subchapter Z-1, Chapter 51, Education
864	864	Code, as added by this Act, redesignated as Sections 51.991,
865	865	51.992, and 51.993, Education Code, and amended to read as follows:
866	866	Sec. 51.991. DEFINITIONS [411.2031. CARRYING OF HANDGUNS
867	867	BY LICENSE HOLDERS ON CERTAIN CAMPUSES]. [(a)] For purposes of
868	868	this subchapter [section]:
869	869	(1) "Campus" means all land and buildings owned or
870	870	leased by an institution of higher education or private or
871	871	independent institution of higher education.
872	872	(2) "Institution of higher education" and "private or
873	873	independent institution of higher education" have the meanings
874	874	assigned by Section 61.003[, Education Code].
875	875	(3) "Premises" has the meaning assigned by Section
876	876	46.035, Penal Code.
877	877	Sec. 51.992. CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a)
878	878	[(b)] A person who is not otherwise prohibited by law from
879	879	possessing a firearm [license holder] may carry a [concealed]
880	880	handgun in a concealed manner or in a holster [on or about the
881	881	license holder's person] while the person [license holder] is on
882	882	the campus of an institution of higher education or private or
883	883	independent institution of higher education in this state.
884	884	(b) [(c)] Except as provided by Subsection (c), (d),
885	885	[(d-1),] or (h) [(e)], an institution of higher education or
886	886	private or independent institution of higher education in this
887	887	state may not adopt any rule, regulation, or other provision
888	888	prohibiting a person who is not otherwise prohibited by law from
889	889	possessing a firearm [license holders] from carrying a handgun
890	890	[handguns] on the campus of the institution.
891	891	(c) [(d)] An institution of higher education or private or
892	892	independent institution of higher education in this state may
893	893	establish rules, regulations, or other provisions concerning the
894	894	storage of handguns in dormitories or other residential facilities
895	895	that are owned or leased and operated by the institution and located
896	896	on the campus of the institution.
897	897	(d) [(d-1)] After consulting with students, staff, and
898	898	faculty of the institution regarding the nature of the student
899	899	population, specific safety considerations, and the uniqueness of
900	900	the campus environment, the president or other chief executive
901	901	officer of an institution of higher education in this state shall
902	902	establish reasonable rules, regulations, or other provisions
903	903	regarding the carrying of [concealed] handguns [by license holders]
904	904	on the campus of the institution or on premises located on the
905	905	campus of the institution. The president or officer may not
906	906	establish provisions that generally prohibit or have the effect of
907	907	generally prohibiting a person who is not otherwise prohibited by
908	908	law from possessing a firearm [license holders] from carrying a
909	909	handgun [concealed handguns] on the campus of the institution. The
910	910	president or officer may amend the provisions as necessary for
911	911	campus safety. The provisions take effect as determined by the
912	912	president or officer unless subsequently amended by the board of
913	913	regents or other governing board under Subsection (e) [(d-2)]. The
914	914	institution must give effective notice under Section 30.06 or
915	915	30.07, Penal Code, as applicable, with respect to any portion of a
916	916	premises that is subject to provisions established by the
917	917	institution under this subsection [on which license holders may not
918	918	carry].
919	919	(e) [(d-2)] Not later than the 90th day after the date that
920	920	the rules, regulations, or other provisions are established as
921	921	described by Subsection (d) [(d-1)], the board of regents or other
922	922	governing board of the institution of higher education shall review
923	923	the provisions. The board of regents or other governing board may,
924	924	by a vote of not less than two-thirds of the board, amend wholly or
925	925	partly the provisions established under Subsection (d) [(d-1)]. If
926	926	amended under this subsection, the provisions are considered to be
927	927	those of the institution as established under Subsection (d)
928	928	[(d-1)].
929	929	(f) [(d-3)] An institution of higher education shall widely
930	930	distribute the rules, regulations, or other provisions described by
931	931	Subsection (d) [(d-1)] to the institution's students, staff, and
932	932	faculty, including by prominently publishing the provisions on the
933	933	institution's Internet website.
934	934	(g) [(d-4)] Not later than September 1 of each
935	935	even-numbered year, each institution of higher education in this
936	936	state shall submit a report to the legislature and to the standing
937	937	committees of the legislature with jurisdiction over the
938	938	implementation and continuation of this section that:
939	939	(1) describes its rules, regulations, or other
940	940	provisions regarding the carrying of [concealed] handguns on the
941	941	campus of the institution; and
942	942	(2) explains the reasons the institution has
943	943	established those provisions.
944	944	(h) [(e)] A private or independent institution of higher
945	945	education in this state, after consulting with students, staff, and
946	946	faculty of the institution, may establish rules, regulations, or
947	947	other provisions prohibiting a person, including a person who is
948	948	not otherwise prohibited by law from possessing a firearm, [license
949	949	holders] from carrying a handgun [handguns] on the campus of the
950	950	institution, any grounds or building on which an activity sponsored
951	951	by the institution is being conducted, or a passenger
952	952	transportation vehicle owned by the institution.
953	953	Sec. 51.993 [411.2032]. TRANSPORTATION AND STORAGE OF
954	954	FIREARMS AND AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON
955	955	CERTAIN CAMPUSES. [(a) For purposes of this section:
956	956	[(1) "Campus" means all land and buildings owned or
957	957	leased by an institution of higher education or private or
958	958	independent institution of higher education.
959	959	[(2) "Institution of higher education" and "private or
960	960	independent institution of higher education" have the meanings
961	961	assigned by Section 61.003, Education Code.
962	962	[(b)] An institution of higher education or private or
963	963	independent institution of higher education in this state may not
964	964	adopt or enforce any rule, regulation, or other provision or take
965	965	any other action, including posting notice under Section 30.06 or
966	966	30.07, Penal Code, prohibiting or placing restrictions on the
967	967	storage or transportation of a firearm or ammunition in a locked,
968	968	privately owned or leased motor vehicle by a person, including a
969	969	student enrolled at that institution, who is not otherwise
970	970	prohibited by law from possessing [holds a license to carry a
971	971	handgun under this subchapter and lawfully possesses] the firearm
972	972	or ammunition:
973	973	(1) on a street or driveway located on the campus of
974	974	the institution; or
975	975	(2) in a parking lot, parking garage, or other parking
976	976	area located on the campus of the institution.
977	977	SECTION 7.03. Subchapter Z-1, Chapter 51, Education Code,
978	978	as added by this Act, is amended by adding Section 51.994 to read as
979	979	follows:
980	980	Sec. 51.994. LIMITATION OF LIABILITY. (a) A cause of
981	981	action in damages may not be brought against an institution of
982	982	higher education, an officer or employee of an institution of
983	983	higher education, a private or independent institution of higher
984	984	education that has not adopted rules under Section 51.992(h), or an
985	985	officer or employee of a private or independent institution of
986	986	higher education that has not adopted rules under Section 51.992(h)
987	987	for damages caused by the actions of a person who carries a handgun
988	988	on the campus of the institution, any grounds or building on which
989	989	an activity sponsored by the institution is being conducted, or a
990	990	passenger transportation vehicle owned by the institution, and a
991	991	court may not hold such an institution, officer, or employee liable
992	992	for those damages.
993	993	(b) The immunities granted under Subsection (a) do not apply
994	994	to:
995	995	(1) an act or a failure to act by an institution of
996	996	higher education, an officer or employee of an institution of
997	997	higher education, a private or independent institution of higher
998	998	education that has not adopted rules under Section 51.992(h), or an
999	999	officer or employee of a private or independent institution of
1000	1000	higher education that has not adopted rules under Section 51.992(h)
1001	1001	if the act or failure to act was capricious or arbitrary; or
1002	1002	(2) any officer or employee of an institution of
1003	1003	higher education or private or independent institution of higher
1004	1004	education described by Subdivision (1) who possesses a handgun on
1005	1005	the campus of that institution and whose conduct with regard to the
1006	1006	handgun is made the basis of a claim for personal injury or property
1007	1007	damage.
1008	1008	SECTION 7.04. Sections 411.208(a), (b), and (d), Government
1009	1009	Code, are amended to read as follows:
1010	1010	(a) A court may not hold the state, an agency or subdivision
1011	1011	of the state, an officer or employee of the state, [an institution
1012	1012	of higher education, an officer or employee of an institution of
1013	1013	higher education, a private or independent institution of higher
1014	1014	education that has not adopted rules under Section 411.2031(e), an
1015	1015	officer or employee of a private or independent institution of
1016	1016	higher education that has not adopted rules under Section
1017	1017	411.2031(e),] a peace officer, a qualified handgun instructor, or
1018	1018	an approved online course provider liable for damages caused by:
1019	1019	(1) an action authorized under this subchapter or a
1020	1020	failure to perform a duty imposed by this subchapter; or
1021	1021	(2) the actions of an applicant or license holder that
1022	1022	occur after the applicant has received a license or been denied a
1023	1023	license under this subchapter.
1024	1024	(b) A cause of action in damages may not be brought against
1025	1025	the state, an agency or subdivision of the state, an officer or
1026	1026	employee of the state, [an institution of higher education, an
1027	1027	officer or employee of an institution of higher education, a
1028	1028	private or independent institution of higher education that has not
1029	1029	adopted rules under Section 411.2031(e), an officer or employee of
1030	1030	a private or independent institution of higher education that has
1031	1031	not adopted rules under Section 411.2031(e),] a peace officer, a
1032	1032	qualified handgun instructor, or an approved online course provider
1033	1033	for any damage caused by the actions of an applicant or license
1034	1034	holder under this subchapter.
1035	1035	(d) The immunities granted under Subsections (a), (b), and
1036	1036	(c) do not apply to[:
1037	1037	[(1)] an act or a failure to act by the state, an
1038	1038	agency or subdivision of the state, an officer of the state, [an
1039	1039	institution of higher education, an officer or employee of an
1040	1040	institution of higher education, a private or independent
1041	1041	institution of higher education that has not adopted rules under
1042	1042	Section 411.2031(e), an officer or employee of a private or
1043	1043	independent institution of higher education that has not adopted
1044	1044	rules under Section 411.2031(e),] or a peace officer if the act or
1045	1045	failure to act was capricious or arbitrary[; or
1046	1046	[(2) any officer or employee of an institution of
1047	1047	higher education or private or independent institution of higher
1048	1048	education described by Subdivision (1) who possesses a handgun on
1049	1049	the campus of that institution and whose conduct with regard to the
1050	1050	handgun is made the basis of a claim for personal injury or property
1051	1051	damage].
1052	1052	SECTION 7.05. Section 411.208(f), Government Code, is
1053	1053	repealed.
1054	1054	ARTICLE 8. STORAGE OF HANDGUN, FIREARM, AND AMMUNITION IN SCHOOL
1055	1055	PARKING AREA
1056	1056	SECTION 8.01. The heading to Section 37.0815, Education
1057	1057	Code, is amended to read as follows:
1058	1058	Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND
1059	1059	AMMUNITION [BY LICENSE HOLDER] IN SCHOOL PARKING AREA.
1060	1060	SECTION 8.02. Section 37.0815(a), Education Code, is
1061	1061	amended to read as follows:
1062	1062	(a) A school district or open-enrollment charter school may
1063	1063	not prohibit a person, including a school employee, who is not
1064	1064	otherwise prohibited by law from possessing a firearm [holds a
1065	1065	license to carry a handgun under Subchapter H, Chapter 411,
1066	1066	Government Code,] from transporting or storing a handgun or other
1067	1067	firearm or ammunition in a locked, privately owned or leased motor
1068	1068	vehicle in a parking lot, parking garage, or other parking area
1069	1069	provided by the district or charter school and may not regulate the
1070	1070	manner in which the handgun, firearm, or ammunition is stored in the
1071	1071	vehicle, provided that the handgun, firearm, or ammunition is not
1072	1072	in plain view.
1073	1073	ARTICLE 9. CONFORMING CHANGES
1074	1074	SECTION 9.01. Chapter 507, Business & Commerce Code, is
1075	1075	amended to read as follows:
1076	1076	CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
1077	1077	VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
1078	1078	Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
1079	1079	AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
1080	1080	holder of a [concealed] handgun license issued under Subchapter H,
1081	1081	Chapter 411, Government Code, access to goods, services, or
1082	1082	facilities, except as provided by Section 521.460, Transportation
1083	1083	Code, or in regard to the operation of a motor vehicle, because the
1084	1084	holder has or presents a [concealed] handgun license rather than a
1085	1085	driver's license or other acceptable form of personal
1086	1086	identification.
1087	1087	(b) This section does not affect[:
1088	1088	[(1) the requirement under Section 411.205,
1089	1089	Government Code, that a person subject to that section present a
1090	1090	driver's license or identification certificate in addition to a
1091	1091	concealed handgun license; or
1092	1092	[(2)] the types of identification required under
1093	1093	federal law to access airport premises or pass through airport
1094	1094	security.
1095	1095	SECTION 9.02. Section 95A.0001, Civil Practice and Remedies
1096	1096	Code, is amended to read as follows:
1097	1097	Sec. 95A.0001. EVIDENCE OF FAILURE TO FORBID HANDGUNS. The
1098	1098	fact that a card, sign, or other document described by Section
1099	1099	30.06(c)(2) [30.06(c)(3)] or 30.07(c)(2) [30.07(c)(3)], Penal
1100	1100	Code, is not posted on the property of a business or any other
1101	1101	evidence that a person failed to exercise the person's option to
1102	1102	forbid the carrying of a handgun [by a license holder] on the
1103	1103	property:
1104	1104	(1) is not admissible as evidence in a trial on the
1105	1105	merits in an action:
1106	1106	(A) against a person, including a business or
1107	1107	other entity, who owns, controls, or manages the property; and
1108	1108	(B) in which the cause of action arises from an
1109	1109	injury sustained on the property; and
1110	1110	(2) does not support a cause of action described by
1111	1111	Subdivision (1) against a person described by that subdivision.
1112	1112	SECTION 9.03. Section 125.0015(a), Civil Practice and
1113	1113	Remedies Code, is amended to read as follows:
1114	1114	(a) A person who maintains a place to which persons
1115	1115	habitually go for the following purposes and who knowingly
1116	1116	tolerates the activity and furthermore fails to make reasonable
1117	1117	attempts to abate the activity maintains a common nuisance:
1118	1118	(1) discharge of a firearm in a public place as
1119	1119	prohibited by the Penal Code;
1120	1120	(2) reckless discharge of a firearm as prohibited by
1121	1121	the Penal Code;
1122	1122	(3) engaging in organized criminal activity as a
1123	1123	member of a combination as prohibited by the Penal Code;
1124	1124	(4) delivery, possession, manufacture, or use of a
1125	1125	substance or other item in violation of Chapter 481, Health and
1126	1126	Safety Code;
1127	1127	(5) gambling, gambling promotion, or communicating
1128	1128	gambling information as prohibited by the Penal Code;
1129	1129	(6) prostitution, promotion of prostitution, or
1130	1130	aggravated promotion of prostitution as prohibited by the Penal
1131	1131	Code;
1132	1132	(7) compelling prostitution as prohibited by the Penal
1133	1133	Code;
1134	1134	(8) commercial manufacture, commercial distribution,
1135	1135	or commercial exhibition of obscene material as prohibited by the
1136	1136	Penal Code;
1137	1137	(9) aggravated assault as described by Section 22.02,
1138	1138	Penal Code;
1139	1139	(10) sexual assault as described by Section 22.011,
1140	1140	Penal Code;
1141	1141	(11) aggravated sexual assault as described by Section
1142	1142	22.021, Penal Code;
1143	1143	(12) robbery as described by Section 29.02, Penal
1144	1144	Code;
1145	1145	(13) aggravated robbery as described by Section 29.03,
1146	1146	Penal Code;
1147	1147	(14) unlawfully carrying a weapon as described by
1148	1148	Section 46.02, Penal Code, or unlawfully carrying a firearm as
1149	1149	described by Section 46.03 or 46.035, Penal Code;
1150	1150	(15) murder as described by Section 19.02, Penal Code;
1151	1151	(16) capital murder as described by Section 19.03,
1152	1152	Penal Code;
1153	1153	(17) continuous sexual abuse of young child or
1154	1154	children as described by Section 21.02, Penal Code;
1155	1155	(18) massage therapy or other massage services in
1156	1156	violation of Chapter 455, Occupations Code;
1157	1157	(19) employing a minor at a sexually oriented business
1158	1158	as defined by Section 243.002, Local Government Code;
1159	1159	(20) trafficking of persons as described by Section
1160	1160	20A.02, Penal Code;
1161	1161	(21) sexual conduct or performance by a child as
1162	1162	described by Section 43.25, Penal Code;
1163	1163	(22) employment harmful to a child as described by
1164	1164	Section 43.251, Penal Code;
1165	1165	(23) criminal trespass as described by Section 30.05,
1166	1166	Penal Code;
1167	1167	(24) disorderly conduct as described by Section 42.01,
1168	1168	Penal Code;
1169	1169	(25) arson as described by Section 28.02, Penal Code;
1170	1170	(26) criminal mischief as described by Section 28.03,
1171	1171	Penal Code, that causes a pecuniary loss of $500 or more; or
1172	1172	(27) a graffiti offense in violation of Section 28.08,
1173	1173	Penal Code.
1174	1174	SECTION 9.04. Section 37.005(c), Education Code, is amended
1175	1175	to read as follows:
1176	1176	(c) A student who is enrolled in a grade level below grade
1177	1177	three may not be placed in out-of-school suspension unless while on
1178	1178	school property or while attending a school-sponsored or
1179	1179	school-related activity on or off of school property, the student
1180	1180	engages in:
1181	1181	(1) conduct that contains the elements of an offense
1182	1182	related to weapons under Section 46.02 or 46.05, Penal Code, or to
1183	1183	firearms under Section 46.03 or 46.035, Penal Code;
1184	1184	(2) conduct that contains the elements of a violent
1185	1185	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
1186	1186	or
1187	1187	(3) selling, giving, or delivering to another person
1188	1188	or possessing, using, or being under the influence of any amount of:
1189	1189	(A) marihuana or a controlled substance, as
1190	1190	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1191	1191	Section 801 et seq.;
1192	1192	(B) a dangerous drug, as defined by Chapter 483,
1193	1193	Health and Safety Code; or
1194	1194	(C) an alcoholic beverage, as defined by Section
1195	1195	1.04, Alcoholic Beverage Code.
1196	1196	SECTION 9.05. Section 37.007(a), Education Code, is amended
1197	1197	to read as follows:
1198	1198	(a) Except as provided by Subsection (k), a student shall be
1199	1199	expelled from a school if the student, on school property or while
1200	1200	attending a school-sponsored or school-related activity on or off
1201	1201	of school property:
1202	1202	(1) engages in conduct that contains the elements of
1203	1203	[the offense of unlawfully carrying weapons under Section 46.02,
1204	1204	Penal Code, or elements of] an offense relating to [prohibited]
1205	1205	weapons under Section 46.02 or 46.05, Penal Code, or to firearms
1206	1206	under Section 46.03 or 46.035, Penal Code;
1207	1207	(2) engages in conduct that contains the elements of
1208	1208	the offense of:
1209	1209	(A) aggravated assault under Section 22.02,
1210	1210	Penal Code, sexual assault under Section 22.011, Penal Code, or
1211	1211	aggravated sexual assault under Section 22.021, Penal Code;
1212	1212	(B) arson under Section 28.02, Penal Code;
1213	1213	(C) murder under Section 19.02, Penal Code,
1214	1214	capital murder under Section 19.03, Penal Code, or criminal
1215	1215	attempt, under Section 15.01, Penal Code, to commit murder or
1216	1216	capital murder;
1217	1217	(D) indecency with a child under Section 21.11,
1218	1218	Penal Code;
1219	1219	(E) aggravated kidnapping under Section 20.04,
1220	1220	Penal Code;
1221	1221	(F) aggravated robbery under Section 29.03,
1222	1222	Penal Code;
1223	1223	(G) manslaughter under Section 19.04, Penal
1224	1224	Code;
1225	1225	(H) criminally negligent homicide under Section
1226	1226	19.05, Penal Code; or
1227	1227	(I) continuous sexual abuse of young child or
1228	1228	children under Section 21.02, Penal Code; or
1229	1229	(3) engages in conduct specified by Section
1230	1230	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
1231	1231	SECTION 9.06. Section 51.220(g), Education Code, is amended
1232	1232	to read as follows:
1233	1233	(g) A public junior college employee's status as a school
1234	1234	marshal becomes inactive on:
1235	1235	(1) expiration of the employee's school marshal
1236	1236	license under Section 1701.260, Occupations Code;
1237	1237	(2) suspension or revocation of the employee's license
1238	1238	to carry a [concealed] handgun issued under Subchapter H, Chapter
1239	1239	411, Government Code;
1240	1240	(3) termination of the employee's employment with the
1241	1241	public junior college; or
1242	1242	(4) notice from the governing board of the public
1243	1243	junior college that the employee's services as school marshal are
1244	1244	no longer required.
1245	1245	SECTION 9.07. Section 231.302(c-1), Family Code, is amended
1246	1246	to read as follows:
1247	1247	(c-1) For purposes of issuing a license to carry a
1248	1248	[concealed] handgun under Subchapter H, Chapter 411, Government
1249	1249	Code, the Department of Public Safety is not required to request,
1250	1250	and an applicant is not required to provide, the applicant's social
1251	1251	security number.
1252	1252	SECTION 9.08. The heading to Subchapter H, Chapter 411,
1253	1253	Government Code, is amended to read as follows:
1254	1254	SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
1255	1255	RELATING TO CARRYING OF FIREARMS
1256	1256	SECTION 9.09. Section 411.179(c), Government Code, is
1257	1257	amended to read as follows:
1258	1258	(c) In adopting the form of the license under Subsection
1259	1259	(a), the department shall establish a procedure for the license of a
1260	1260	qualified handgun instructor or of the attorney general or a judge,
1261	1261	justice, United States attorney, assistant United States attorney,
1262	1262	assistant attorney general, prosecuting attorney, or assistant
1263	1263	prosecuting attorney, as described by Section 46.15(a)(4), (6),
1264	1264	[or] (7), or (11), Penal Code, to indicate on the license the
1265	1265	license holder's status as a qualified handgun instructor or as the
1266	1266	attorney general or a judge, justice, United States attorney,
1267	1267	assistant United States attorney, assistant attorney general,
1268	1268	prosecuting [district] attorney, or assistant prosecuting
1269	1269	[criminal district] attorney[, or county attorney]. In
1270	1270	establishing the procedure, the department shall require
1271	1271	sufficient documentary evidence to establish the license holder's
1272	1272	status under this subsection.
1273	1273	SECTION 9.10. Section 411.190(c), Government Code, is
1274	1274	amended to read as follows:
1275	1275	(c) In the manner applicable to a person who applies for a
1276	1276	license to carry a handgun, the department shall conduct a
1277	1277	background check of a person who applies for certification as a
1278	1278	qualified handgun instructor or approved online course provider.
1279	1279	If the background check indicates that the applicant for
1280	1280	certification would not qualify to receive a handgun license, the
1281	1281	department may not certify the applicant as a qualified handgun
1282	1282	instructor or approved online course provider. If the background
1283	1283	check indicates that the applicant for certification would qualify
1284	1284	to receive a handgun license, the department shall provide handgun
1285	1285	instructor or online course provider training to the applicant.
1286	1286	The applicant shall pay a fee of $100 to the department for the
1287	1287	training. The applicant must take and successfully complete the
1288	1288	training offered by the department and pay the training fee before
1289	1289	the department may certify the applicant as a qualified handgun
1290	1290	instructor or approved online course provider. The department
1291	1291	shall issue a license to carry a handgun under [the authority of]
1292	1292	this subchapter to any person who is certified as a qualified
1293	1293	handgun instructor or approved online course provider and who pays
1294	1294	to the department a fee of $40 in addition to the training fee. The
1295	1295	department by rule may prorate or waive the training fee for an
1296	1296	employee of another governmental entity.
1297	1297	SECTION 9.11. Section 411.200, Government Code, is amended
1298	1298	to read as follows:
1299	1299	Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
1300	1300	This subchapter does not exempt a license holder who is also
1301	1301	employed as a security officer and licensed under Chapter 1702,
1302	1302	Occupations Code, from the duty to comply with Chapter 1702,
1303	1303	Occupations Code, or from the duty to refrain from committing a
1304	1304	firearms offense under Chapter 46 [Section 46.02], Penal Code.
1305	1305	SECTION 9.12. Sections 411.201(c), (e), and (h), Government
1306	1306	Code, are amended to read as follows:
1307	1307	(c) An active judicial officer is eligible for a license to
1308	1308	carry a handgun under [the authority of] this subchapter. A retired
1309	1309	judicial officer is eligible for a license to carry a handgun under
1310	1310	[the authority of] this subchapter if the officer:
1311	1311	(1) has not been convicted of a felony;
1312	1312	(2) has not, in the five years preceding the date of
1313	1313	application, been convicted of a Class A or Class B misdemeanor or
1314	1314	equivalent offense;
1315	1315	(3) is not charged with the commission of a Class A or
1316	1316	Class B misdemeanor or equivalent offense or of a felony under an
1317	1317	information or indictment;
1318	1318	(4) is not a chemically dependent person; and
1319	1319	(5) is not a person of unsound mind.
1320	1320	(e) On receipt of all the application materials required by
1321	1321	this section, the department shall:
1322	1322	(1) if the applicant is an active judicial officer,
1323	1323	issue a license to carry a handgun under [the authority of] this
1324	1324	subchapter; or
1325	1325	(2) if the applicant is a retired judicial officer,
1326	1326	conduct an appropriate background investigation to determine the
1327	1327	applicant's eligibility for the license and, if the applicant is
1328	1328	eligible, issue a license to carry a handgun under [the authority
1329	1329	of] this subchapter.
1330	1330	(h) The department shall issue a license to carry a handgun
1331	1331	under [the authority of] this subchapter to a United States
1332	1332	attorney or an assistant United States attorney, or to an attorney
1333	1333	elected or employed to represent the state in the prosecution of
1334	1334	felony cases, who meets the requirements of this section for an
1335	1335	active judicial officer. The department shall waive any fee
1336	1336	required for the issuance of an original, duplicate, or renewed
1337	1337	license under this subchapter for an applicant who is a United
1338	1338	States attorney or an assistant United States attorney or who is an
1339	1339	attorney elected or employed to represent the state in the
1340	1340	prosecution of felony cases.
1341	1341	SECTION 9.13. Section 12.092(b), Health and Safety Code, is
1342	1342	amended to read as follows:
1343	1343	(b) The medical advisory board shall assist the Department
1344	1344	of Public Safety of the State of Texas in determining whether:
1345	1345	(1) an applicant for a driver's license or a license
1346	1346	holder is capable of safely operating a motor vehicle; or
1347	1347	(2) an applicant for or holder of a license to carry a
1348	1348	handgun under [the authority of] Subchapter H, Chapter 411,
1349	1349	Government Code, or an applicant for or holder of a commission as a
1350	1350	security officer under Chapter 1702, Occupations Code, is capable
1351	1351	of exercising sound judgment with respect to the proper use and
1352	1352	storage of a handgun.
1353	1353	SECTION 9.14. Section 42.042(e-2), Human Resources Code, is
1354	1354	amended to read as follows:
1355	1355	(e-2) The department may not prohibit the foster parent of a
1356	1356	child who resides in the foster family's home from transporting the
1357	1357	child in a vehicle where a handgun is present if the handgun is in
1358	1358	the possession and control of the foster parent and the foster
1359	1359	parent is not otherwise prohibited by state or federal law from
1360	1360	possessing a firearm [licensed to carry the handgun under
1361	1361	Subchapter H, Chapter 411, Government Code].
1362	1362	SECTION 9.15. Section 1702.002(21), Occupations Code, is
1363	1363	amended to read as follows:
1364	1364	(21) "Security officer commission" means an
1365	1365	authorization issued by the department that entitles a security
1366	1366	officer to carry a firearm as described by this chapter.
1367	1367	SECTION 9.16. Section 1702.169, Occupations Code, is
1368	1368	amended to read as follows:
1369	1369	Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned
1370	1370	security officer other than a person acting as a personal
1371	1371	protection officer may not carry a firearm while [unless:
1372	1372	[(1) the security officer is:
1373	1373	[(A)] engaged in the performance of duties as a
1374	1374	security officer unless:
1375	1375	(1) [; or
1376	1376	[(B) traveling to or from the place of
1377	1377	assignment;
1378	1378	[(2)] the security officer wears a distinctive uniform
1379	1379	indicating that the individual is a security officer; and
1380	1380	(2) [(3)] the firearm is in plain view.
1381	1381	SECTION 9.17. Section 1702.206(a), Occupations Code, is
1382	1382	amended to read as follows:
1383	1383	(a) An individual acting as and performing the duties of a
1384	1384	personal protection officer may not carry a firearm unless the
1385	1385	officer:
1386	1386	(1) is [either:
1387	1387	[(A)] engaged in the exclusive performance of the
1388	1388	officer's duties as a personal protection officer for the employer
1389	1389	under whom the officer's personal protection officer license is
1390	1390	issued; [or
1391	1391	[(B) traveling to or from the officer's place of
1392	1392	assignment;] and
1393	1393	(2) carries the officer's security officer commission
1394	1394	and personal protection officer license on the officer's person
1395	1395	while performing the officer's duties [or traveling] as described
1396	1396	by Subdivision (1) and presents the commission and license on
1397	1397	request.
1398	1398	SECTION 9.18. Sections 62.082(d) and (e), Parks and
1399	1399	Wildlife Code, are amended to read as follows:
1400	1400	(d) Section 62.081 does not apply to:
1401	1401	(1) an employee of the Lower Colorado River Authority;
1402	1402	(2) a person authorized to hunt under Subsection (c);
1403	1403	(3) a peace officer as defined by Article 2.12, Code of
1404	1404	Criminal Procedure; or
1405	1405	(4) a person who:
1406	1406	(A) is carrying [possesses] a handgun [and a
1407	1407	license issued under Subchapter H, Chapter 411, Government Code, to
1408	1408	carry a handgun]; or
1409	1409	(B) under circumstances in which the person would
1410	1410	be justified in the use of deadly force under Chapter 9, Penal Code,
1411	1411	shoots a handgun [the person is licensed to carry under Subchapter
1412	1412	H, Chapter 411, Government Code].
1413	1413	(e) A state agency, including the department, the
1414	1414	Department of Public Safety, and the Lower Colorado River
1415	1415	Authority, may not adopt a rule that prohibits a person who is not
1416	1416	otherwise prohibited by state or federal law from possessing a
1417	1417	firearm [possesses a license issued under Subchapter H, Chapter
1418	1418	411, Government Code,] from entering or crossing the land of the
1419	1419	Lower Colorado River Authority while:
1420	1420	(1) carrying [possessing] a handgun; or
1421	1421	(2) under circumstances in which the person would be
1422	1422	justified in the use of deadly force under Chapter 9, Penal Code,
1423	1423	shooting a handgun.
1424	1424	SECTION 9.19. Section 284.001(e), Parks and Wildlife Code,
1425	1425	is amended to read as follows:
1426	1426	(e) This section does not limit a person's [the] ability [of
1427	1427	a license holder] to carry a handgun [under the authority of
1428	1428	Subchapter H, Chapter 411, Government Code].
1429	1429	SECTION 9.20. Section 287.001(e), Parks and Wildlife Code,
1430	1430	is amended to read as follows:
1431	1431	(e) This section does not limit a person's [the] ability [of
1432	1432	a license holder] to carry a [concealed] handgun [under the
1433	1433	authority of Subchapter H, Chapter 411, Government Code].
1434	1434	SECTION 9.21. Section 9.31(b), Penal Code, is amended to
1435	1435	read as follows:
1436	1436	(b) The use of force against another is not justified:
1437	1437	(1) in response to verbal provocation alone;
1438	1438	(2) to resist an arrest or search that the actor knows
1439	1439	is being made by a peace officer, or by a person acting in a peace
1440	1440	officer's presence and at his direction, even though the arrest or
1441	1441	search is unlawful, unless the resistance is justified under
1442	1442	Subsection (c);
1443	1443	(3) if the actor consented to the exact force used or
1444	1444	attempted by the other;
1445	1445	(4) if the actor provoked the other's use or attempted
1446	1446	use of unlawful force, unless:
1447	1447	(A) the actor abandons the encounter, or clearly
1448	1448	communicates to the other his intent to do so reasonably believing
1449	1449	he cannot safely abandon the encounter; and
1450	1450	(B) the other nevertheless continues or attempts
1451	1451	to use unlawful force against the actor; or
1452	1452	(5) if the actor sought an explanation from or
1453	1453	discussion with the other person concerning the actor's differences
1454	1454	with the other person while the actor was:
1455	1455	(A) carrying a weapon in violation of Section
1456	1456	46.02 or a firearm in violation of Section 46.03 or 46.035; or
1457	1457	(B) possessing or transporting a weapon in
1458	1458	violation of Section 46.05.
1459	1459	ARTICLE 10. TRANSITIONS; EFFECTIVE DATE
1460	1460	SECTION 10.01. The change in law made by this Act relating
1461	1461	to the carrying of a handgun applies to the carrying of a handgun on
1462	1462	or after the effective date of this Act by any person not otherwise
1463	1463	prohibited by state or federal law from possessing a firearm.
1464	1464	SECTION 10.02. The changes in law made by this Act apply
1465	1465	only to an offense committed on or after the effective date of this
1466	1466	Act. An offense committed before the effective date of this Act is
1467	1467	governed by the law in effect when the offense was committed, and
1468	1468	the former law is continued in effect for that purpose. For
1469	1469	purposes of this section, an offense was committed before the
1470	1470	effective date of this Act if any element of the offense occurred
1471	1471	before that date.
1472	1472	SECTION 10.03. This Act takes effect September 1, 2021.