By: Leman H.B. No. 4346
A BILL TO BE ENTITLED
AN ACT
relating to the possession, carrying, or transportation of a
firearm by certain persons during the use of an easement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 5, Property Code, is
amended by adding Section 5.020 to read as follows:
Sec. 5.020. EASEMENTS RESTRICTING POSSESSION OF FIREARMS
PROHIBITED. (a) In this section, "firearm" includes firearms as
defined in Section 46.01, Penal Code, and any firearm parts,
firearm accessories, and firearm ammunition.
(b) An instrument granting an access easement or
appurtenant easement may not restrict or prohibit an easement
holder or an easement holder's guest from possessing, carrying, or
transporting a firearm while using the easement for the easement's
purpose.
(c) The owner of a servient estate may not enforce a
restrictive covenant in an instrument granting an easement on the
servient estate that restricts or prohibits the easement holder or
the easement holder's guest from possessing, carrying, or
transporting a firearm while using the easement for the easement's
purpose.
SECTION 2. Section 5.020, Property Code, as added by this
Act, applies to an easement granted before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.