87R8153 JSC-D
By: Hefner H.B. No. 2900
A BILL TO BE ENTITLED
AN ACT
relating to provisions governing the carrying of a firearm by a
person who is not otherwise prohibited by state or federal law from
possessing the firearm and to other provisions related to the
carrying, possessing, transporting, or storing of a firearm; making
conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. This Act shall be known as the Texas
Constitutional Carry Act of 2021.
ARTICLE 2. CARRYING OF HANDGUNS, FIREARMS, AND OTHER WEAPONS;
CRIMINAL PENALTIES
SECTION 2.01. The heading to Section 46.02, Penal Code, is
amended to read as follows:
Sec. 46.02. UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED
WEAPONS.
SECTION 2.02. Section 46.02(b), Penal Code, is amended to
read as follows:
(b) An [Except as provided by Subsection (c) or (d), an]
offense under this section is a Class C [A] misdemeanor.
SECTION 2.03. Sections 46.03(a), (e-1), (e-2), and (f),
Penal Code, are amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm,
location-restricted knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the institution; or
(B) the person is not otherwise prohibited by law
from possessing a firearm and possesses or goes with a [concealed]
handgun [that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies,] on the premises of an institution of higher
education or private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(e-1) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) possessed, at the screening checkpoint for the
secured area, a [concealed] handgun that the actor was not
otherwise prohibited by state or federal law from possessing
[licensed to carry under Subchapter H, Chapter 411, Government
Code]; and
(2) exited the screening checkpoint for the secured
area immediately on [upon] completion of the required screening
processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may
constitute an offense under Subsection (a)(5) and that consists
only of an actor's possession of a [concealed] handgun that the
actor is not otherwise prohibited by state or federal law from
possessing [licensed to carry under Subchapter H, Chapter 411,
Government Code,] may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense
available under Subsection (e-1) and gives the actor an opportunity
to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint
on [upon] completion of the required screening processes.
(f) Except as provided by Subsection (e-1), it is not a
defense to prosecution under this section that the actor possessed
a handgun and was:
(1) licensed to carry a handgun under Subchapter H,
Chapter 411, Government Code; or
(2) not otherwise prohibited by state or federal law
from possessing a firearm.
SECTION 2.04. Chapter 46, Penal Code, is amended by adding
Section 46.032 to read as follows:
Sec. 46.032. CARRYING OF HANDGUN. Except as otherwise
provided by this chapter or other law, a person who is not otherwise
prohibited from possessing a firearm under Section 46.04 of this
code, 18 U.S.C. Section 922, or other law:
(1) is not prohibited from carrying a concealed
handgun or a partially or wholly visible handgun in a holster; and
(2) may not be required to obtain or hold a license for
that purpose.
SECTION 2.05. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
HOLDER].
SECTION 2.06. Sections 46.035(a), (a-2), (a-3), (b), (c),
(d), (h), and (j), Penal Code, are amended to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder] carries a handgun [on or about the license
holder's person under the authority of Subchapter H, Chapter 411,
Government Code,] and intentionally displays the handgun in plain
view of another person in a public place. It is an exception to the
application of this subsection that the handgun was partially or
wholly visible but was carried in a [shoulder or belt] holster [by
the license holder].
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
person [license holder] commits an offense if the person [license
holder] carries a handgun on the campus of a private or independent
institution of higher education in this state that has established
rules, regulations, or other provisions prohibiting a person
[license holders] from carrying a handgun under [handguns pursuant
to] Section 51.992(h), Education [411.2031(e), Government] Code,
or on the grounds or building on which an activity sponsored by the
[such an] institution is being conducted, or in a passenger
transportation vehicle of the [such an] institution, regardless of
whether the handgun is concealed or carried in a holster, provided
the institution gives effective notice under Section 30.06 or
30.07, as applicable.
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a
person [license holder] commits an offense if the person [license
holder] intentionally carries a [concealed] handgun on a portion of
a premises located on the campus of an institution of higher
education in this state on which the carrying of a [concealed]
handgun is prohibited by rules, regulations, or other provisions
established under Section 51.992(d), Education [411.2031(d-1),
Government] Code, provided the institution gives effective notice
under Section 30.06 or 30.07, as applicable, with respect to that
portion.
(b) A person [license holder] commits an offense if the
person [license holder] intentionally, knowingly, or recklessly
carries a handgun [under the authority of Subchapter H, Chapter
411, Government Code], regardless of whether the handgun is
concealed or carried in a [shoulder or belt] holster[, on or about
the license holder's person]:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person [license holder] is a participant in the
event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person [license holder] has written authorization of the
hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a civil commitment facility.
(c) A person [license holder] commits an offense if:
(1) the person [license holder] intentionally,
knowingly, or recklessly carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code], regardless of whether
the handgun is concealed or carried in a [shoulder or belt] holster,
in the room or rooms where a meeting of a governmental entity is
held; and
(2) [if] the meeting described by Subdivision (1) is
an open meeting subject to Chapter 551, Government Code, and the
entity provided notice as required by that chapter.
(d) A person [license holder] commits an offense if the
person[, while intoxicated, the license holder] carries a handgun
while the person is intoxicated [under the authority of Subchapter
H, Chapter 411, Government Code], regardless of whether the handgun
is concealed or carried in a [shoulder or belt] holster.
(h) It is a defense to prosecution under Subsection (a),
[(a-1),] (a-2), or (a-3) that the actor, at the time of the
commission of the offense, displayed the handgun under
circumstances in which the actor would have been justified in the
use of force or deadly force under Chapter 9.
(j) Subsections (a), [(a-1),] (a-2), (a-3), and (b)(1) do
not apply to a historical reenactment performed in compliance with
the rules of the Texas Alcoholic Beverage Commission.
SECTION 2.07. Section 46.02(a-1), Penal Code, is
transferred to Section 46.035, Penal Code, redesignated as Section
46.035(d-1), Penal Code, and amended to read as follows:
(d-1) [(a-1)] A person commits an offense if the person
intentionally, knowingly, or recklessly carries [on or about his or
her person] a handgun, regardless of whether the handgun is
concealed or carried in a holster, [in a motor vehicle or watercraft
that is owned by the person or under the person's control] at any
time in which[:
[(1) the handgun is in plain view, unless the person is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a shoulder or belt
holster; or
[(2)] the person is:
(1) [(A)] engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating; or
(2) otherwise [(B)] prohibited by law from possessing
a firearm[; or
[(C) a member of a criminal street gang, as defined by
Section 71.01].
SECTION 2.08. Sections 46.15(a), (h), and (l), Penal Code,
are amended to read as follows:
(a) Sections [46.02 and] 46.03 and 46.035(b) and (c) do not
apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and none of those
sections prohibit [neither section prohibits] a peace officer or
special investigator from carrying a weapon in this state,
including in an establishment in this state serving the public,
regardless of whether the peace officer or special investigator is
engaged in the actual discharge of the officer's or investigator's
duties while carrying the weapon;
(2) parole officers, and none of those sections
prohibit [neither section prohibits] an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and none of those sections prohibit [neither section
prohibits] an officer from carrying a weapon in this state if the
officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; [or]
(10) a person who is volunteer emergency services
personnel if the person is:
(A) licensed to carry [carrying] a handgun under
[the authority of] Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services; or
(11) a judge or justice of a federal court who is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code.
(h) The provisions of Section [Sections 46.02 and] 46.03
prohibiting the possession or carrying of a club do not apply to a
code enforcement officer who:
(1) holds a certificate of registration issued under
Chapter 1952, Occupations Code; and
(2) possesses or carries an instrument used
specifically for deterring an animal bite while the officer is:
(A) performing official duties; or
(B) traveling to or from a place of duty.
(l) Sections [46.02,] 46.03(a)(1), (a)(2), (a)(3), and
(a)(4), and 46.035(a), [(a-1),] (a-2), (a-3), (b)(1), (b)(5), and
(b)(6) do not apply to a person who carries a handgun if:
(1) the person carries the handgun on the premises, as
defined by the statute providing the applicable offense, of a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the handgun;
(3) the person carrying the handgun complies with any
rules and regulations of the owner, controller, or operator of the
premises that govern the carrying of a handgun on the premises; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
SECTION 2.09. The following provisions are repealed:
(1) Sections 46.02(a), (c), and (d), Penal Code;
(2) Section 46.035(f)(2), Penal Code;
(3) Section 46.035(a-1), Penal Code, as added by
Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
Session, 2015;
(4) Section 46.035(a-1), Penal Code, as added by
Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
Session, 2015;
(5) Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007;
(6) Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
Session, 2007; and
(7) Sections 46.15(b), (d), (j), and (k), Penal Code.
ARTICLE 3. SIGNS AND NOTICE FOR LOCATIONS WHERE HANDGUNS,
FIREARMS, OR OTHER WEAPONS PROHIBITED
SECTION 3.01. Section 411.204(c), Government Code, is
amended to read as follows:
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person, regardless of whether the person is licensed under this
subchapter, to carry a handgun on the premises. The sign must
appear in contrasting colors with block letters at least one inch in
height and must include on its face the number "51" printed in solid
red at least five inches in height. The sign shall be displayed in a
conspicuous manner clearly visible to the public.
SECTION 3.02. The heading to Section 411.209, Government
Code, is amended to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
[LICENSE HOLDER].
SECTION 3.03. Section 411.209(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (i), a state agency or
a political subdivision of the state may not take any action,
including an action consisting of the provision of notice by a
communication described by Section 30.06 or 30.07, Penal Code, that
states or implies that a person [license holder] who is carrying a
handgun [under the authority of this subchapter] is prohibited from
entering or remaining on a premises or other place owned or leased
by the governmental entity unless a person is [license holders are]
prohibited from carrying a handgun on the premises or other place by
Section 46.03 or 46.035, Penal Code, or other law.
SECTION 3.04. The heading to Section 552.002, Health and
Safety Code, is amended to read as follows:
Sec. 552.002. CARRYING OF HANDGUN [BY LICENSE HOLDER] IN
STATE HOSPITAL.
SECTION 3.05. Sections 552.002(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) In this section:
(1) ["License holder" has the meaning assigned by
Section 46.035(f), Penal Code.
[(2)] "State hospital" means the following
facilities:
(A) the Austin State Hospital;
(B) the Big Spring State Hospital;
(C) the El Paso Psychiatric Center;
(D) the Kerrville State Hospital;
(E) the North Texas State Hospital;
(F) the Rio Grande State Center;
(G) the Rusk State Hospital;
(H) the San Antonio State Hospital;
(I) the Terrell State Hospital; and
(J) the Waco Center for Youth.
(2) [(3)] "Written notice" means a sign that is posted
on property and that:
(A) includes in both English and Spanish written
language identical to the following: "Pursuant to Section 552.002,
Health and Safety Code (carrying of handgun [by license holder] in
state hospital), a person [licensed under Subchapter H, Chapter
411, Government Code (handgun licensing law),] may not enter this
property with a handgun";
(B) appears in contrasting colors with block
letters at least one inch in height; and
(C) is displayed in a conspicuous manner clearly
visible to the public at each entrance to the property.
(b) A state hospital may prohibit a person [license holder]
from carrying a handgun [under the authority of Subchapter H,
Chapter 411, Government Code,] on the property of the hospital by
providing written notice.
(c) A person [license holder] who carries a handgun [under
the authority of Subchapter H, Chapter 411, Government Code,] on
the property of a state hospital at which written notice is provided
is liable for a civil penalty in the amount of:
(1) $100 for the first violation; or
(2) $500 for the second or subsequent violation.
SECTION 3.06. Section 30.05(f), Penal Code, is amended to
read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a firearm [handgun]
was forbidden; and
(2) the person was carrying[:
[(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
[(B)] a handgun:
(A) [(i)] in a concealed manner; or
(B) [(ii)] in a [shoulder or belt] holster.
SECTION 3.07. The heading to Section 30.06, Penal Code, is
amended to read as follows:
Sec. 30.06. TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
CONCEALED HANDGUN.
SECTION 3.08. Sections 30.06(a), (c), (d), (e), (e-1),
(e-2), (e-3), (f), and (g), Penal Code, are amended to read as
follows:
(a) A person [license holder] commits an offense if the
person [license holder]:
(1) carries a concealed handgun [under the authority
of Subchapter H, Chapter 411, Government Code,] on property of
another without effective consent; and
(2) received notice that entry on the property by a
person [license holder] with a concealed handgun was forbidden.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by person [license holder] with [a] concealed
handgun), a person [licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law),] may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the person [license holder] was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the person [license holder] carries a
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the person [license holder] is
prohibited from carrying the handgun under Section 46.03 or 46.035
or other law.
(e-1) It is a defense to prosecution under this section
that:
(1) the person [license holder] is:
(A) an owner of an apartment in a condominium
regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by
Chapter 82, Property Code;
(C) a tenant or guest of an owner described by
Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by
Paragraph (A) or (B); and
(2) the person [license holder]:
(A) carries or stores a handgun in the
condominium apartment or unit owner's apartment or unit;
(B) carries a handgun directly en route to or
from the condominium apartment or unit owner's apartment or unit;
(C) carries a handgun directly en route to or
from the person's [license holder's] vehicle located in a parking
area provided for residents or guests of the condominium property;
or
(D) carries or stores a handgun in the person's
[license holder's] vehicle located in a parking area provided for
residents or guests of the condominium property.
(e-2) It is a defense to prosecution under this section
that:
(1) the person [license holder] is a tenant of a leased
premises governed by Chapter 92, Property Code, or the tenant's
guest; and
(2) the person [license holder]:
(A) carries or stores a handgun in the tenant's
rental unit;
(B) carries a handgun directly en route to or
from the tenant's rental unit;
(C) carries a handgun directly en route to or
from the person's [license holder's] vehicle located in a parking
area provided for tenants or guests by the landlord of the leased
premises; or
(D) carries or stores a handgun in the person's
[license holder's] vehicle located in a parking area provided for
tenants or guests by the landlord of the leased premises.
(e-3) It is a defense to prosecution under this section
that:
(1) the person [license holder] is a tenant of a
manufactured home lot governed by Chapter 94, Property Code, or the
tenant's guest; and
(2) the person [license holder]:
(A) carries or stores a handgun in the tenant's
manufactured home;
(B) carries a handgun directly en route to or
from the tenant's manufactured home;
(C) carries a handgun directly en route to or
from the person's [license holder's] vehicle located in a parking
area provided for tenants or tenants' guests by the landlord of the
leased premises; or
(D) carries or stores a handgun in the person's
[license holder's] vehicle located in a parking area provided for
tenants or tenants' guests by the landlord of the leased premises.
(f) It is a defense to prosecution under this section that
the person [license holder] is volunteer emergency services
personnel, as defined by Section 46.01.
(g) It is a defense to prosecution under this section that
the person [license holder] was personally given notice by oral
communication described by Subsection (b) and promptly departed
from the property.
SECTION 3.09. The heading to Section 30.07, Penal Code, is
amended to read as follows:
Sec. 30.07. TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
OPENLY CARRIED HANDGUN.
SECTION 3.10. Sections 30.07(a), (c), (d), (e), (e-1),
(e-2), (e-3), (f), (g), and (h), Penal Code, are amended to read as
follows:
(a) A person [license holder] commits an offense if the
person [license holder]:
(1) openly carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code,] on property of another
without effective consent; and
(2) received notice that entry on the property by a
person [license holder] openly carrying a handgun was forbidden.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by person [license holder] with [an] openly
carried handgun), a person [licensed under Subchapter H, Chapter
411, Government Code (handgun licensing law),] may not enter this
property with a handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the person [license holder] was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the person [license holder] openly
carries a [the] handgun is owned or leased by a governmental entity
and is not a premises or other place on which the person [license
holder] is prohibited from carrying the handgun under Section 46.03
or 46.035 or other law.
(e-1) It is a defense to prosecution under this section
that:
(1) the person [license holder] is:
(A) an owner of an apartment in a condominium
regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by
Chapter 82, Property Code;
(C) a tenant or guest of an owner described by
Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by
Paragraph (A) or (B); and
(2) the person [license holder]:
(A) carries or stores a handgun in the
condominium apartment or unit owner's apartment or unit;
(B) carries a handgun directly en route to or
from the condominium apartment or unit owner's apartment or unit;
(C) carries a handgun directly en route to or
from the person's [license holder's] vehicle located in a parking
area provided for residents or guests of the condominium property;
or
(D) carries or stores a handgun in the person's
[license holder's] vehicle located in a parking area provided for
residents or guests of the condominium property.
(e-2) It is a defense to prosecution under this section
that:
(1) the person [license holder] is a tenant of a leased
premises governed by Chapter 92, Property Code, or the tenant's
guest; and
(2) the person [license holder]:
(A) carries or stores a handgun in the tenant's
rental unit;
(B) carries a handgun directly en route to or
from the tenant's rental unit;
(C) carries a handgun directly en route to or
from the person's [license holder's] vehicle located in a parking
area provided for tenants or guests by the landlord of the leased
premises; or
(D) carries or stores a handgun in the person's
[license holder's] vehicle located in a parking area provided for
tenants or guests by the landlord of the leased premises.
(e-3) It is a defense to prosecution under this section
that:
(1) the person [license holder] is a tenant of a
manufactured home lot governed by Chapter 94, Property Code, or the
tenant's guest; and
(2) the person [license holder]:
(A) carries or stores a handgun in the tenant's
manufactured home;
(B) carries a handgun directly en route to or
from the tenant's manufactured home;
(C) carries a handgun directly en route to or
from the person's [license holder's] vehicle located in a parking
area provided for tenants or tenants' guests by the landlord of the
leased premises; or
(D) carries or stores a handgun in the person's
[license holder's] vehicle located in a parking area provided for
tenants or tenants' guests by the landlord of the leased premises.
(f) It is not a defense to prosecution under this section
that the handgun was carried in a [shoulder or belt] holster.
(g) It is a defense to prosecution under this section that
the person [license holder] is volunteer emergency services
personnel, as defined by Section 46.01.
(h) It is a defense to prosecution under this section that
the person [license holder] was personally given notice by oral
communication described by Subsection (b) and promptly departed
from the property.
SECTION 3.11. The following provisions are repealed:
(1) Sections 11.041 and 61.11, Alcoholic Beverage
Code;
(2) Sections 11.61(e) and 61.71(f), Alcoholic
Beverage Code; and
(3) Section 411.204(d), Government Code.
ARTICLE 4. LOCAL REGULATION OF HANDGUNS OR OTHER FIREARMS
SECTION 4.01. Section 191.010(a), Local Government Code, is
amended to read as follows:
(a) In this section, "photo identification" means one of the
following forms of photo identification:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by any state or territory of the United States that has not expired
or that expired no earlier than 60 days before the date of
presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States Permanent Resident Card that has
not expired or that expired no earlier than 60 days before the date
of presentation;
(5) an identification card issued by a municipality
intended to serve as a general identification card for the holder
that has not expired or that expired no earlier than 60 days before
the date of presentation;
(6) a federally recognized tribal enrollment card or
other form of tribal identification that has not expired or that
expired no earlier than 60 days before the date of presentation;
(7) a United States passport or a passport issued by a
foreign government recognized by the United States issued to the
person that has not expired or that expired no earlier than 60 days
before the date of presentation; or
(8) a license to carry a [concealed] handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation.
SECTION 4.02. Section 229.001(b), Local Government Code, is
amended to read as follows:
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) except as provided by Subsection (b-1), adopt or
enforce a generally applicable zoning ordinance, land use
regulation, fire code, or business ordinance;
(4) regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of an air gun or [a] firearm,
[or air gun by a person] other than a [person licensed to carry a]
handgun carried by a person not otherwise prohibited by state or
federal law from possessing a firearm [under Subchapter H, Chapter
411, Government Code], at a:
(A) [public park;
[(B)] public meeting of a municipality, county,
or other governmental body;
[(C) political rally, parade, or official
political meeting;] or
(B) [(D)] nonfirearms-related school, college,
or professional athletic event;
(7) [regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code,] in accordance with Section 411.209, Government
Code, regulate the carrying of a firearm by any person;
(8) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption;
(9) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner; or
(10) except as provided by Subsection (d-1), regulate
or prohibit an employee's carrying or possession of a firearm,
firearm accessory, or ammunition in the course of the employee's
official duties.
SECTION 4.03. Section 236.002(c), Local Government Code, is
amended to read as follows:
(c) Subsection (a) does not affect the authority of a county
to:
(1) require a resident or public employee to be armed
for personal or national defense, law enforcement, or other purpose
under other law;
(2) regulate the discharge of firearms or air guns in
accordance with Section 235.022;
(3) [regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code,] in accordance with Section 411.209, Government
Code, regulate the carrying of a firearm by any person;
(4) except as provided by Subsection (d), adopt or
enforce a generally applicable land use regulation, fire code, or
business regulation; or
(5) except as provided by Subsection (e), regulate or
prohibit an employee's carrying or possession of a firearm, firearm
accessory, or ammunition in the course of the employee's official
duties.
ARTICLE 5. INTERACTION WITH LAW ENFORCEMENT WHILE CARRYING HANDGUN
SECTION 5.01. The heading to Section 411.206, Government
Code, is amended to read as follows:
Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
SECTION 5.02. Sections 411.206(a) and (c), Government Code,
are amended to read as follows:
(a) If a peace officer arrests and takes into custody a
person [license holder] who is carrying a handgun [under the
authority of this subchapter], the officer shall seize the person's
[license holder's] handgun. The peace officer also shall seize the
person's handgun [and] license as evidence if the person holds a
handgun license under this subchapter and is carrying the license
at the time of the arrest.
(c) Any judgment of conviction entered by any court for an
offense under Section 46.035, Penal Code, must contain the handgun
license number of the convicted person, if the person is a handgun
license holder. A certified copy of the judgment is conclusive and
sufficient evidence to justify revocation of a license under
Section 411.186(a)(4).
SECTION 5.03. Section 411.207, Government Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsection
(a-1) to read as follows:
(a) A peace officer who is acting in the lawful discharge of
the officer's official duties may disarm a person, including a
license holder, who is carrying a handgun at any time the officer
reasonably believes it is necessary for the protection of the
person [license holder], officer, or another individual. The peace
officer shall return the handgun to the person [license holder]
before discharging the person [license holder] from the scene if
the officer determines that the person:
(1) [license holder] is not a threat to the officer,
person [license holder], or another individual;
(2) [and if the license holder] has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the person; and
(3) is not prohibited from possessing a firearm
[license holder].
(a-1) A peace officer may not disarm or detain a person
under Subsection (a) solely because the person is carrying a
concealed or holstered handgun.
(b) A peace officer who is acting in the lawful discharge of
the officer's official duties may [temporarily] disarm a person
only temporarily, regardless of whether the person is a license
holder, when the person [a license holder] enters a nonpublic,
secure portion of a law enforcement facility. The[, if the] law
enforcement agency shall provide [provides] a gun locker where the
peace officer can secure the person's [license holder's] handgun.
The peace officer shall secure the handgun in the locker and shall
return the handgun to the person [license holder] immediately after
the person [license holder] leaves the nonpublic, secure portion of
the law enforcement facility.
(c) A law enforcement facility shall prominently display at
each entrance to a nonpublic, secure portion of the facility a sign
that gives notice in both English and Spanish that, under this
section, a peace officer may temporarily disarm a person,
regardless of whether the person is a license holder, when the
person [license holder] enters the nonpublic, secure portion of the
facility. The sign must appear in contrasting colors with block
letters at least one inch in height. The sign shall be displayed in
a clearly visible and conspicuous manner.
SECTION 5.04. Section 411.205, Government Code, is
repealed.
ARTICLE 6. EMPLOYER RIGHTS; CARRYING AND STORAGE OF HANDGUN,
FIREARM, AND AMMUNITION BY EMPLOYEE
SECTION 6.01. Section 411.203, Government Code, is amended
to read as follows:
Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
does not prevent or otherwise limit the right of a public or private
employer to prohibit persons who are licensed under this subchapter
or not otherwise prohibited by state or federal law from possessing
a firearm from carrying a handgun or other firearm on the premises
of the business.
(b) In this section, "premises" has the meaning assigned by
Section 46.035(f) [46.035(f)(3)], Penal Code.
SECTION 6.02. Section 52.061, Labor Code, is amended to
read as follows:
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
may not prohibit an employee who is not otherwise prohibited by
state or federal law from possessing [holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, who
otherwise lawfully possesses] a firearm[,] or [who lawfully
possesses] ammunition from transporting or storing a firearm or
ammunition [the employee is authorized by law to possess] in a
locked, privately owned motor vehicle in a parking lot, parking
garage, or other parking area the employer provides for employees.
SECTION 6.03. Section 52.062(a), Labor Code, is amended to
read as follows:
(a) Section 52.061 does not:
(1) authorize a person who is not otherwise prohibited
by state or federal law from possessing [holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, who
otherwise lawfully possesses] a firearm[,] or [who lawfully
possesses] ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D) a private school, as defined by Section
22.081, Education Code;
(E) property owned or controlled by a person,
other than the employer, that is subject to a valid, unexpired oil,
gas, or other mineral lease that contains a provision prohibiting
the possession of firearms on the property; or
(F) property owned or leased by a chemical
manufacturer or oil and gas refiner with an air authorization under
Chapter 382, Health and Safety Code, and on which the primary
business conducted is the manufacture, use, storage, or
transportation of hazardous, combustible, or explosive materials,
except in regard to an employee who is not otherwise prohibited by
state or federal law from possessing a firearm or ammunition [holds
a license to carry a handgun under Subchapter H, Chapter 411,
Government Code,] and [who] stores the [a] firearm or ammunition
[the employee is authorized by law to possess] in a locked,
privately owned motor vehicle in a parking lot, parking garage, or
other parking area the employer provides for employees that is
outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly
monitored by security personnel.
ARTICLE 7. CARRYING AND STORAGE OF HANDGUN, FIREARM, AND
AMMUNITION ON CAMPUS OF PUBLIC OR PRIVATE INSTITUTION OF HIGHER
EDUCATION
SECTION 7.01. Chapter 51, Education Code, is amended by
adding Subchapter Z-1, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS
SECTION 7.02. Sections 411.2031 and 411.2032, Government
Code, are transferred to Subchapter Z-1, Chapter 51, Education
Code, as added by this Act, redesignated as Sections 51.991,
51.992, and 51.993, Education Code, and amended to read as follows:
Sec. 51.991. DEFINITIONS [411.2031. CARRYING OF HANDGUNS
BY LICENSE HOLDERS ON CERTAIN CAMPUSES]. [(a)] For purposes of
this subchapter [section]:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003[, Education Code].
(3) "Premises" has the meaning assigned by Section
46.035, Penal Code.
Sec. 51.992. CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a)
[(b)] A person who is not otherwise prohibited by law from
possessing a firearm [license holder] may carry a [concealed]
handgun in a concealed manner or in a holster [on or about the
license holder's person] while the person [license holder] is on
the campus of an institution of higher education or private or
independent institution of higher education in this state.
(b) [(c)] Except as provided by Subsection (c), (d),
[(d-1),] or (h) [(e)], an institution of higher education or
private or independent institution of higher education in this
state may not adopt any rule, regulation, or other provision
prohibiting a person who is not otherwise prohibited by law from
possessing a firearm [license holders] from carrying a handgun
[handguns] on the campus of the institution.
(c) [(d)] An institution of higher education or private or
independent institution of higher education in this state may
establish rules, regulations, or other provisions concerning the
storage of handguns in dormitories or other residential facilities
that are owned or leased and operated by the institution and located
on the campus of the institution.
(d) [(d-1)] After consulting with students, staff, and
faculty of the institution regarding the nature of the student
population, specific safety considerations, and the uniqueness of
the campus environment, the president or other chief executive
officer of an institution of higher education in this state shall
establish reasonable rules, regulations, or other provisions
regarding the carrying of [concealed] handguns [by license holders]
on the campus of the institution or on premises located on the
campus of the institution. The president or officer may not
establish provisions that generally prohibit or have the effect of
generally prohibiting a person who is not otherwise prohibited by
law from possessing a firearm [license holders] from carrying a
handgun [concealed handguns] on the campus of the institution. The
president or officer may amend the provisions as necessary for
campus safety. The provisions take effect as determined by the
president or officer unless subsequently amended by the board of
regents or other governing board under Subsection (e) [(d-2)]. The
institution must give effective notice under Section 30.06 or
30.07, Penal Code, as applicable, with respect to any portion of a
premises that is subject to provisions established by the
institution under this subsection [on which license holders may not
carry].
(e) [(d-2)] Not later than the 90th day after the date that
the rules, regulations, or other provisions are established as
described by Subsection (d) [(d-1)], the board of regents or other
governing board of the institution of higher education shall review
the provisions. The board of regents or other governing board may,
by a vote of not less than two-thirds of the board, amend wholly or
partly the provisions established under Subsection (d) [(d-1)]. If
amended under this subsection, the provisions are considered to be
those of the institution as established under Subsection (d)
[(d-1)].
(f) [(d-3)] An institution of higher education shall widely
distribute the rules, regulations, or other provisions described by
Subsection (d) [(d-1)] to the institution's students, staff, and
faculty, including by prominently publishing the provisions on the
institution's Internet website.
(g) [(d-4)] Not later than September 1 of each
even-numbered year, each institution of higher education in this
state shall submit a report to the legislature and to the standing
committees of the legislature with jurisdiction over the
implementation and continuation of this section that:
(1) describes its rules, regulations, or other
provisions regarding the carrying of [concealed] handguns on the
campus of the institution; and
(2) explains the reasons the institution has
established those provisions.
(h) [(e)] A private or independent institution of higher
education in this state, after consulting with students, staff, and
faculty of the institution, may establish rules, regulations, or
other provisions prohibiting a person, including a person who is
not otherwise prohibited by law from possessing a firearm, [license
holders] from carrying a handgun [handguns] on the campus of the
institution, any grounds or building on which an activity sponsored
by the institution is being conducted, or a passenger
transportation vehicle owned by the institution.
Sec. 51.993 [411.2032]. TRANSPORTATION AND STORAGE OF
FIREARMS AND AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON
CERTAIN CAMPUSES. [(a) For purposes of this section:
[(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
[(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
[(b)] An institution of higher education or private or
independent institution of higher education in this state may not
adopt or enforce any rule, regulation, or other provision or take
any other action, including posting notice under Section 30.06 or
30.07, Penal Code, prohibiting or placing restrictions on the
storage or transportation of a firearm or ammunition in a locked,
privately owned or leased motor vehicle by a person, including a
student enrolled at that institution, who is not otherwise
prohibited by law from possessing [holds a license to carry a
handgun under this subchapter and lawfully possesses] the firearm
or ammunition:
(1) on a street or driveway located on the campus of
the institution; or
(2) in a parking lot, parking garage, or other parking
area located on the campus of the institution.
SECTION 7.03. Subchapter Z-1, Chapter 51, Education Code,
as added by this Act, is amended by adding Section 51.994 to read as
follows:
Sec. 51.994. LIMITATION OF LIABILITY. (a) A cause of
action in damages may not be brought against an institution of
higher education, an officer or employee of an institution of
higher education, a private or independent institution of higher
education that has not adopted rules under Section 51.992(h), or an
officer or employee of a private or independent institution of
higher education that has not adopted rules under Section 51.992(h)
for damages caused by the actions of a person who carries a handgun
on the campus of the institution, any grounds or building on which
an activity sponsored by the institution is being conducted, or a
passenger transportation vehicle owned by the institution, and a
court may not hold such an institution, officer, or employee liable
for those damages.
(b) The immunities granted under Subsection (a) do not apply
to:
(1) an act or a failure to act by an institution of
higher education, an officer or employee of an institution of
higher education, a private or independent institution of higher
education that has not adopted rules under Section 51.992(h), or an
officer or employee of a private or independent institution of
higher education that has not adopted rules under Section 51.992(h)
if the act or failure to act was capricious or arbitrary; or
(2) any officer or employee of an institution of
higher education or private or independent institution of higher
education described by Subdivision (1) who possesses a handgun on
the campus of that institution and whose conduct with regard to the
handgun is made the basis of a claim for personal injury or property
damage.
SECTION 7.04. Sections 411.208(a), (b), and (d), Government
Code, are amended to read as follows:
(a) A court may not hold the state, an agency or subdivision
of the state, an officer or employee of the state, [an institution
of higher education, an officer or employee of an institution of
higher education, a private or independent institution of higher
education that has not adopted rules under Section 411.2031(e), an
officer or employee of a private or independent institution of
higher education that has not adopted rules under Section
411.2031(e),] a peace officer, a qualified handgun instructor, or
an approved online course provider liable for damages caused by:
(1) an action authorized under this subchapter or a
failure to perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that
occur after the applicant has received a license or been denied a
license under this subchapter.
(b) A cause of action in damages may not be brought against
the state, an agency or subdivision of the state, an officer or
employee of the state, [an institution of higher education, an
officer or employee of an institution of higher education, a
private or independent institution of higher education that has not
adopted rules under Section 411.2031(e), an officer or employee of
a private or independent institution of higher education that has
not adopted rules under Section 411.2031(e),] a peace officer, a
qualified handgun instructor, or an approved online course provider
for any damage caused by the actions of an applicant or license
holder under this subchapter.
(d) The immunities granted under Subsections (a), (b), and
(c) do not apply to[:
[(1)] an act or a failure to act by the state, an
agency or subdivision of the state, an officer of the state, [an
institution of higher education, an officer or employee of an
institution of higher education, a private or independent
institution of higher education that has not adopted rules under
Section 411.2031(e), an officer or employee of a private or
independent institution of higher education that has not adopted
rules under Section 411.2031(e),] or a peace officer if the act or
failure to act was capricious or arbitrary[; or
[(2) any officer or employee of an institution of
higher education or private or independent institution of higher
education described by Subdivision (1) who possesses a handgun on
the campus of that institution and whose conduct with regard to the
handgun is made the basis of a claim for personal injury or property
damage].
SECTION 7.05. Section 411.208(f), Government Code, is
repealed.
ARTICLE 8. STORAGE OF HANDGUN, FIREARM, AND AMMUNITION IN SCHOOL
PARKING AREA
SECTION 8.01. The heading to Section 37.0815, Education
Code, is amended to read as follows:
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND
AMMUNITION [BY LICENSE HOLDER] IN SCHOOL PARKING AREA.
SECTION 8.02. Section 37.0815(a), Education Code, is
amended to read as follows:
(a) A school district or open-enrollment charter school may
not prohibit a person, including a school employee, who is not
otherwise prohibited by law from possessing a firearm [holds a
license to carry a handgun under Subchapter H, Chapter 411,
Government Code,] from transporting or storing a handgun or other
firearm or ammunition in a locked, privately owned or leased motor
vehicle in a parking lot, parking garage, or other parking area
provided by the district or charter school and may not regulate the
manner in which the handgun, firearm, or ammunition is stored in the
vehicle, provided that the handgun, firearm, or ammunition is not
in plain view.
ARTICLE 9. CONFORMING CHANGES
SECTION 9.01. Chapter 507, Business & Commerce Code, is
amended to read as follows:
CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
holder of a [concealed] handgun license issued under Subchapter H,
Chapter 411, Government Code, access to goods, services, or
facilities, except as provided by Section 521.460, Transportation
Code, or in regard to the operation of a motor vehicle, because the
holder has or presents a [concealed] handgun license rather than a
driver's license or other acceptable form of personal
identification.
(b) This section does not affect[:
[(1) the requirement under Section 411.205,
Government Code, that a person subject to that section present a
driver's license or identification certificate in addition to a
concealed handgun license; or
[(2)] the types of identification required under
federal law to access airport premises or pass through airport
security.
SECTION 9.02. Section 95A.0001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 95A.0001. EVIDENCE OF FAILURE TO FORBID HANDGUNS. The
fact that a card, sign, or other document described by Section
30.06(c)(2) [30.06(c)(3)] or 30.07(c)(2) [30.07(c)(3)], Penal
Code, is not posted on the property of a business or any other
evidence that a person failed to exercise the person's option to
forbid the carrying of a handgun [by a license holder] on the
property:
(1) is not admissible as evidence in a trial on the
merits in an action:
(A) against a person, including a business or
other entity, who owns, controls, or manages the property; and
(B) in which the cause of action arises from an
injury sustained on the property; and
(2) does not support a cause of action described by
Subdivision (1) against a person described by that subdivision.
SECTION 9.03. Section 125.0015(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code, or unlawfully carrying a firearm as
described by Section 46.03 or 46.035, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing a minor at a sexually oriented business
as defined by Section 243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more; or
(27) a graffiti offense in violation of Section 28.08,
Penal Code.
SECTION 9.04. Section 37.005(c), Education Code, is amended
to read as follows:
(c) A student who is enrolled in a grade level below grade
three may not be placed in out-of-school suspension unless while on
school property or while attending a school-sponsored or
school-related activity on or off of school property, the student
engages in:
(1) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code, or to
firearms under Section 46.03 or 46.035, Penal Code;
(2) conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
or
(3) selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
SECTION 9.05. Section 37.007(a), Education Code, is amended
to read as follows:
(a) Except as provided by Subsection (k), a student shall be
expelled from a school if the student, on school property or while
attending a school-sponsored or school-related activity on or off
of school property:
(1) engages in conduct that contains the elements of
[the offense of unlawfully carrying weapons under Section 46.02,
Penal Code, or elements of] an offense relating to [prohibited]
weapons under Section 46.02 or 46.05, Penal Code, or to firearms
under Section 46.03 or 46.035, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code;
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 9.06. Section 51.220(g), Education Code, is amended
to read as follows:
(g) A public junior college employee's status as a school
marshal becomes inactive on:
(1) expiration of the employee's school marshal
license under Section 1701.260, Occupations Code;
(2) suspension or revocation of the employee's license
to carry a [concealed] handgun issued under Subchapter H, Chapter
411, Government Code;
(3) termination of the employee's employment with the
public junior college; or
(4) notice from the governing board of the public
junior college that the employee's services as school marshal are
no longer required.
SECTION 9.07. Section 231.302(c-1), Family Code, is amended
to read as follows:
(c-1) For purposes of issuing a license to carry a
[concealed] handgun under Subchapter H, Chapter 411, Government
Code, the Department of Public Safety is not required to request,
and an applicant is not required to provide, the applicant's social
security number.
SECTION 9.08. The heading to Subchapter H, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
RELATING TO CARRYING OF FIREARMS
SECTION 9.09. Section 411.179(c), Government Code, is
amended to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of the attorney general or a judge,
justice, United States attorney, assistant United States attorney,
assistant attorney general, prosecuting attorney, or assistant
prosecuting attorney, as described by Section 46.15(a)(4), (6),
[or] (7), or (11), Penal Code, to indicate on the license the
license holder's status as a qualified handgun instructor or as the
attorney general or a judge, justice, United States attorney,
assistant United States attorney, assistant attorney general,
prosecuting [district] attorney, or assistant prosecuting
[criminal district] attorney[, or county attorney]. In
establishing the procedure, the department shall require
sufficient documentary evidence to establish the license holder's
status under this subsection.
SECTION 9.10. Section 411.190(c), Government Code, is
amended to read as follows:
(c) In the manner applicable to a person who applies for a
license to carry a handgun, the department shall conduct a
background check of a person who applies for certification as a
qualified handgun instructor or approved online course provider.
If the background check indicates that the applicant for
certification would not qualify to receive a handgun license, the
department may not certify the applicant as a qualified handgun
instructor or approved online course provider. If the background
check indicates that the applicant for certification would qualify
to receive a handgun license, the department shall provide handgun
instructor or online course provider training to the applicant.
The applicant shall pay a fee of $100 to the department for the
training. The applicant must take and successfully complete the
training offered by the department and pay the training fee before
the department may certify the applicant as a qualified handgun
instructor or approved online course provider. The department
shall issue a license to carry a handgun under [the authority of]
this subchapter to any person who is certified as a qualified
handgun instructor or approved online course provider and who pays
to the department a fee of $40 in addition to the training fee. The
department by rule may prorate or waive the training fee for an
employee of another governmental entity.
SECTION 9.11. Section 411.200, Government Code, is amended
to read as follows:
Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
This subchapter does not exempt a license holder who is also
employed as a security officer and licensed under Chapter 1702,
Occupations Code, from the duty to comply with Chapter 1702,
Occupations Code, or from the duty to refrain from committing a
firearms offense under Chapter 46 [Section 46.02], Penal Code.
SECTION 9.12. Sections 411.201(c), (e), and (h), Government
Code, are amended to read as follows:
(c) An active judicial officer is eligible for a license to
carry a handgun under [the authority of] this subchapter. A retired
judicial officer is eligible for a license to carry a handgun under
[the authority of] this subchapter if the officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense;
(3) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense or of a felony under an
information or indictment;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(e) On receipt of all the application materials required by
this section, the department shall:
(1) if the applicant is an active judicial officer,
issue a license to carry a handgun under [the authority of] this
subchapter; or
(2) if the applicant is a retired judicial officer,
conduct an appropriate background investigation to determine the
applicant's eligibility for the license and, if the applicant is
eligible, issue a license to carry a handgun under [the authority
of] this subchapter.
(h) The department shall issue a license to carry a handgun
under [the authority of] this subchapter to a United States
attorney or an assistant United States attorney, or to an attorney
elected or employed to represent the state in the prosecution of
felony cases, who meets the requirements of this section for an
active judicial officer. The department shall waive any fee
required for the issuance of an original, duplicate, or renewed
license under this subchapter for an applicant who is a United
States attorney or an assistant United States attorney or who is an
attorney elected or employed to represent the state in the
prosecution of felony cases.
SECTION 9.13. Section 12.092(b), Health and Safety Code, is
amended to read as follows:
(b) The medical advisory board shall assist the Department
of Public Safety of the State of Texas in determining whether:
(1) an applicant for a driver's license or a license
holder is capable of safely operating a motor vehicle; or
(2) an applicant for or holder of a license to carry a
handgun under [the authority of] Subchapter H, Chapter 411,
Government Code, or an applicant for or holder of a commission as a
security officer under Chapter 1702, Occupations Code, is capable
of exercising sound judgment with respect to the proper use and
storage of a handgun.
SECTION 9.14. Section 42.042(e-2), Human Resources Code, is
amended to read as follows:
(e-2) The department may not prohibit the foster parent of a
child who resides in the foster family's home from transporting the
child in a vehicle where a handgun is present if the handgun is in
the possession and control of the foster parent and the foster
parent is not otherwise prohibited by state or federal law from
possessing a firearm [licensed to carry the handgun under
Subchapter H, Chapter 411, Government Code].
SECTION 9.15. Section 1702.002(21), Occupations Code, is
amended to read as follows:
(21) "Security officer commission" means an
authorization issued by the department that entitles a security
officer to carry a firearm as described by this chapter.
SECTION 9.16. Section 1702.169, Occupations Code, is
amended to read as follows:
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned
security officer other than a person acting as a personal
protection officer may not carry a firearm while [unless:
[(1) the security officer is:
[(A)] engaged in the performance of duties as a
security officer unless:
(1) [; or
[(B) traveling to or from the place of
assignment;
[(2)] the security officer wears a distinctive uniform
indicating that the individual is a security officer; and
(2) [(3)] the firearm is in plain view.
SECTION 9.17. Section 1702.206(a), Occupations Code, is
amended to read as follows:
(a) An individual acting as and performing the duties of a
personal protection officer may not carry a firearm unless the
officer:
(1) is [either:
[(A)] engaged in the exclusive performance of the
officer's duties as a personal protection officer for the employer
under whom the officer's personal protection officer license is
issued; [or
[(B) traveling to or from the officer's place of
assignment;] and
(2) carries the officer's security officer commission
and personal protection officer license on the officer's person
while performing the officer's duties [or traveling] as described
by Subdivision (1) and presents the commission and license on
request.
SECTION 9.18. Sections 62.082(d) and (e), Parks and
Wildlife Code, are amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of
Criminal Procedure; or
(4) a person who:
(A) is carrying [possesses] a handgun [and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a handgun]; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun [the person is licensed to carry under Subchapter
H, Chapter 411, Government Code].
(e) A state agency, including the department, the
Department of Public Safety, and the Lower Colorado River
Authority, may not adopt a rule that prohibits a person who is not
otherwise prohibited by state or federal law from possessing a
firearm [possesses a license issued under Subchapter H, Chapter
411, Government Code,] from entering or crossing the land of the
Lower Colorado River Authority while:
(1) carrying [possessing] a handgun; or
(2) under circumstances in which the person would be
justified in the use of deadly force under Chapter 9, Penal Code,
shooting a handgun.
SECTION 9.19. Section 284.001(e), Parks and Wildlife Code,
is amended to read as follows:
(e) This section does not limit a person's [the] ability [of
a license holder] to carry a handgun [under the authority of
Subchapter H, Chapter 411, Government Code].
SECTION 9.20. Section 287.001(e), Parks and Wildlife Code,
is amended to read as follows:
(e) This section does not limit a person's [the] ability [of
a license holder] to carry a [concealed] handgun [under the
authority of Subchapter H, Chapter 411, Government Code].
SECTION 9.21. Section 9.31(b), Penal Code, is amended to
read as follows:
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows
is being made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the arrest or
search is unlawful, unless the resistance is justified under
Subsection (c);
(3) if the actor consented to the exact force used or
attempted by the other;
(4) if the actor provoked the other's use or attempted
use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly
communicates to the other his intent to do so reasonably believing
he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts
to use unlawful force against the actor; or
(5) if the actor sought an explanation from or
discussion with the other person concerning the actor's differences
with the other person while the actor was:
(A) carrying a weapon in violation of Section
46.02 or a firearm in violation of Section 46.03 or 46.035; or
(B) possessing or transporting a weapon in
violation of Section 46.05.
ARTICLE 10. TRANSITIONS; EFFECTIVE DATE
SECTION 10.01. The change in law made by this Act relating
to the carrying of a handgun applies to the carrying of a handgun on
or after the effective date of this Act by any person not otherwise
prohibited by state or federal law from possessing a firearm.
SECTION 10.02. 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 when 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 10.03. This Act takes effect September 1, 2021.