H.B. No. 4346
AN ACT
relating to the possession, carrying, or transportation of a
firearm or alcoholic beverage 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 OR
ALCOHOLIC BEVERAGES PROHIBITED. (a) In this section:
(1) "Alcoholic beverage" has the meaning assigned by
Section 1.04, Alcoholic Beverage Code.
(2) "Firearm" has the meaning assigned by Section
46.01, Penal Code. The term includes any firearm parts, firearm
accessories, and firearm ammunition.
(b) This section does not apply to a right-of-way easement
for a pipeline, electric transmission line, or other utility.
(c) An instrument granting an access easement may not
restrict or prohibit an easement holder or an easement holder's
guest from possessing, carrying, or transporting a firearm or an
alcoholic beverage over the servient estate while using the
easement for the easement's purpose.
(d) The owner of a servient estate may not enforce a
restrictive covenant in an instrument granting an access easement
over the servient estate that restricts or prohibits the easement
holder or the easement holder's guest from possessing, carrying, or
transporting a firearm or an alcoholic beverage over the servient
estate 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4346 was passed by the House on May 5,
2021, by the following vote: Yeas 88, Nays 56, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4346 on May 28, 2021, by the following vote: Yeas 119, Nays 24,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4346 was passed by the Senate, with
amendments, on May 22, 2021, by the following vote: Yeas 22, Nays
9.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor