Texas 2021 - 87th Regular

Texas House Bill HB4346 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4346
	1	+	By: Leman, et al. (Senate Sponsor - Springer) H.B. No. 4346
	2	+	(In the Senate - Received from the House May 6, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2021, reported favorably by the following vote:
	5	+	Yeas 8, Nays 1; May 19, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the possession, carrying, or transportation of a
6	12		firearm or alcoholic beverage by certain persons during the use of
7	13		an easement.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subchapter A, Chapter 5, Property Code, is
10	16		amended by adding Section 5.020 to read as follows:
11	17		Sec. 5.020. EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR
12	18		ALCOHOLIC BEVERAGES PROHIBITED. (a) In this section:
13	19		(1) "Alcoholic beverage" has the meaning assigned by
14	20		Section 1.04, Alcoholic Beverage Code.
15	21		(2) "Firearm" has the meaning assigned by Section
16	22		46.01, Penal Code. The term includes any firearm parts, firearm
17	23		accessories, and firearm ammunition.
18		-	(b) This section does not apply to a right-of-way easement
19		-	for a pipeline, electric transmission line, or other utility.
20		-	(c) An instrument granting an access easement may not
	24	+	(b) An instrument granting an access easement may not
21	25		restrict or prohibit an easement holder or an easement holder's
22	26		guest from possessing, carrying, or transporting a firearm or an
23	27		alcoholic beverage over the servient estate while using the
24	28		easement for the easement's purpose.
25		-	(d) The owner of a servient estate may not enforce a
	29	+	(c) The owner of a servient estate may not enforce a
26	30		restrictive covenant in an instrument granting an access easement
27	31		over the servient estate that restricts or prohibits the easement
28	32		holder or the easement holder's guest from possessing, carrying, or
29	33		transporting a firearm or an alcoholic beverage over the servient
30	34		estate while using the easement for the easement's purpose.
31	35		SECTION 2. Section 5.020, Property Code, as added by this
32	36		Act, applies to an easement granted before, on, or after the
33	37		effective date of this Act.
34	38		SECTION 3. This Act takes effect September 1, 2021.
35		-	______________________________ ______________________________
36		-	President of the Senate Speaker of the House
37		-	I certify that H.B. No. 4346 was passed by the House on May 5,
38		-	2021, by the following vote: Yeas 88, Nays 56, 2 present, not
39		-	voting; and that the House concurred in Senate amendments to H.B.
40		-	No. 4346 on May 28, 2021, by the following vote: Yeas 119, Nays 24,
41		-	1 present, not voting.
42		-	______________________________
43		-	Chief Clerk of the House
44		-	I certify that H.B. No. 4346 was passed by the Senate, with
45		-	amendments, on May 22, 2021, by the following vote: Yeas 22, Nays
46		-	9.
47		-	______________________________
48		-	Secretary of the Senate
49		-	APPROVED: __________________
50		-	Date
51		-	__________________
52		-	Governor
	39	+	* * * * *