Texas 2021 - 87th Regular

Texas House Bill HB4386 Compare Versions

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

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1	1	By: Slawson H.B. No. 4386
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authorizing certain person to carry a handgun
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 46.15 (k), NONAPPLICABILITY, is amended
9	9	to read as follows:
10	10	(k) Section 46.02 does not apply to a person who carries a
11	11	handgun if
12	12	(1) the person carries the handgun while:
13	13	(A) evacuating from an area following the
14	14	declaration of a state of disaster under Section 418.014,
15	15	Government Code, or a local state of disaster under Section
16	16	418.108, Government Code, with respect to that area; or
17	17	(B) reentering that area following the person's
18	18	evacuation;
19	19	(2) not more than 168 hours have elapsed since the
20	20	state of disaster or local state of disaster was declared, or more
21	21	than 168 hours have elapsed since the time the declaration was made
22	22	and the governor has extended the period during which a person may
23	23	carry a handgun under this subsection; and
24	24	(3) the person is not prohibited by state or federal
25	25	law from possessingpurchasing a firearm.
26	26	SECTION 2. Section 46.02, Penal Code, UNLAWFUL CARRYING
27	27	WEAPONS, is amended by amending Subsections (a) and (a-1) and
28	28	adding Subsection (a-2) to read as follows:
29	29	(a) A person younger than 21 years of age commits an offense
30	30	if the person:
31	31	(1) intentionally, knowingly, or recklessly carries
32	32	on or about his or her person a handgun; and
33	33	(2) is not:
34	34	(A) on the person's own premises or premises
35	35	under the person's control; or
36	36	(B) inside of or directly en route to a motor
37	37	vehicle or watercraft that is owned by the person or under the
38	38	person's control.
39	39	(a-1) A person younger than 21 years of age commits an
40	40	offense if the person intentionally, knowingly, or recklessly
41	41	carries on or about his or her person a handgun in a motor vehicle or
42	42	watercraft that is owned by the person or under the person's control
43	43	at any time in which:
44	44	(1) the handgun is in plain view, unless the person is
45	45	licensed to carry a handgun under Subchapter H, Chapter 411,
46	46	Government Code, and the handgun is carried in a shoulder or belt
47	47	holster; or
48	48	(2) the person is:
49	49	(A) engaged in criminal activity, other than a
50	50	Class C misdemeanor that is a violation of a law or ordinance
51	51	regulating traffic or boating;
52	52	(B) prohibited by law from possessing a firearm;
53	53	or
54	54	(C) a member of a criminal street gang, as
55	55	defined by Section 71.01.
56	56	(a-2) A person commits an offense if the person carries a
57	57	handgun on or about their person, and intentionally displays the
58	58	handgun in plain view of another person in a public place. It is an
59	59	exception to the application of this subsection that the handgun
60	60	was partially or wholly visible but was carried in a holster on or
61	61	about the person.
62	62	SECTION 3. Section 46.03, Penal Code, PLACES WEAPONS
63	63	PROHIBITED, is amended to read as follows:
64	64	(e-1) It is a defense to prosecution under Subsection (a)(5)
65	65	that the actor:
66	66	(1) possessed, at the screening checkpoint for the
67	67	secured area, a concealed handgun that the actor was licensed to
68	68	carry under Subchapter H, Chapter 411, Government Code; and
69	69	(2) exited the screening checkpoint for the secured
70	70	area immediately upon completion of the required screening
71	71	processes and notification that the actor possessed the handgun.
72	72	SECTION 4. Section 46.035, Penal Code, UNLAWFUL CARRYING OF
73	73	HANDGUN BY LICENSE HOLDER, is amended to read as follows:
74	74	(a) A license holderperson commits an offense if the
75	75	license holderperson carries a handgun on or about the license
76	76	holder'stheir person under the authority of Subchapter H, Chapter
77	77	411, Government Code, and intentionally displays the handgun in
78	78	plain view of another person in a public place. It is an exception
79	79	to the application of this subsection that the handgun was
80	80	partially or wholly visible but was carried in a shoulder or belt
81	81	holster by the license holderperson.
82	82	(a-1) Notwithstanding Subsection (a), a license holder
83	83	commits an offense if the license holder carries a partially or
84	84	wholly visible handgun, regardless of whether the handgun is
85	85	holstered, on or about the license holder's person under the
86	86	authority of Subchapter H, Chapter 411, Government Code, and
87	87	intentionally displays the handgun in plain view of another person:
88	88	(1) on the premises of an institution of higher
89	89	education or private or independent institution of higher
90	90	education; or
91	91	(2) on any public or private driveway, street,
92	92	sidewalk or walkway, parking lot, parking garage, or other parking
93	93	area of an institution of higher education or private or
94	94	independent institution of higher education.
95	95	(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
96	96	license holder commits an offense if the license holder carries a
97	97	handgun on the campus of a private or independent institution of
98	98	higher education in this state that has established rules,
99	99	regulations, or other provisions prohibiting license holders from
100	100	carrying handguns pursuant to Section 411.2031(e), Government
101	101	Code, or on the grounds or building on which an activity sponsored
102	102	by such an institution is being conducted, or in a passenger
103	103	transportation vehicle of such an institution, regardless of
104	104	whether the handgun is concealed, provided the institution gives
105	105	effective notice under Section 30.06.
106	106	(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a
107	107	license holder commits an offense if the license holder
108	108	intentionally carries a concealed handgun on a portion of a
109	109	premises located on the campus of an institution of higher
110	110	education in this state on which the carrying of a concealed handgun
111	111	is prohibited by rules, regulations, or other provisions
112	112	established under Section 411.2031(d-1), Government Code, provided
113	113	the institution gives effective notice under Section 30.06 with
114	114	respect to that portion.
115	115	(b) A license holderperson commits an offense if the
116	116	license holderperson intentionally, knowingly, or recklessly
117	117	carries a handgun under the authority of Subchapter H, Chapter 411,
118	118	Government Code, regardless of whether the handgun is concealed or
119	119	carried in a shoulder or belt holster, on or about the license
120	120	holder'stheir person:
121	121	(1) on the premises of a business that has a permit or
122	122	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
123	123	Beverage Code, if the business derives 51 percent or more of its
124	124	income from the sale or service of alcoholic beverages for
125	125	on-premises consumption, as determined by the Texas Alcoholic
126	126	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
127	127	(2) on the premises where a high school, collegiate,
128	128	or professional sporting event or interscholastic event is taking
129	129	place, unless the license holderperson is a participant in the
130	130	event and a handgun is used in the event;
131	131	(3) on the premises of a correctional facility;
132	132	(4) on the premises of a hospital licensed under
133	133	Chapter 241, Health and Safety Code, or on the premises of a nursing
134	134	facility licensed under Chapter 242, Health and Safety Code, unless
135	135	the license holderperson has written authorization of the hospital
136	136	or nursing facility administration, as appropriate;
137	137	(5) in an amusement park; or
138	138	(6) on the premises of a civil commitment facility.
139	139	(c) A license holderperson commits an offense if the
140	140	license holderperson intentionally, knowingly, or recklessly
141	141	carries a handgun under the authority of Subchapter H, Chapter 411,
142	142	Government Code, regardless of whether the handgun is concealed or
143	143	carried in a shoulder or belt holster, in the room or rooms where a
144	144	meeting of a governmental entity is held and if the meeting is an
145	145	open meeting subject to Chapter 551, Government Code, and the
146	146	entity provided notice as required by that chapter.
147	147	(d) A license holderperson commits an offense if, while
148	148	intoxicated, the license holderperson carries a handgun under the
149	149	authority of Subchapter H, Chapter 411, Government Code, or
150	150	pursuant to the exception provided in Section 46.15(k), regardless
151	151	of whether the handgun is concealed or carried in a shoulder or belt
152	152	holster.
153	153	(e) A license holder who is licensed as a security officer
154	154	under Chapter 1702, Occupations Code, and employed as a security
155	155	officer commits an offense if, while in the course and scope of the
156	156	security officer's employment, the security officer violates a
157	157	provision of Subchapter H, Chapter 411, Government Code.
158	158	(f) In this section:
159	159	(1) "Amusement park" means a permanent indoor or
160	160	outdoor facility or park where amusement rides are available for
161	161	use by the public that is located in a county with a population of
162	162	more than one million, encompasses at least 75 acres in surface
163	163	area, is enclosed with access only through controlled entries, is
164	164	open for operation more than 120 days in each calendar year, and has
165	165	security guards on the premises at all times. The term does not
166	166	include any public or private driveway, street, sidewalk or
167	167	walkway, parking lot, parking garage, or other parking area.
168	168	(1-a) "Institution of higher education" and "private
169	169	or independent institution of higher education" have the meanings
170	170	assigned by Section 61.003, Education Code.
171	171	(2) "License holder" means a person licensed to carry
172	172	a handgun under Subchapter H, Chapter 411, Government Code.
173	173	(3) "Premises" means a building or a portion of a
174	174	building. The term does not include any public or private driveway,
175	175	street, sidewalk or walkway, parking lot, parking garage, or other
176	176	parking area.
177	177	(g) An offense under this section is a Class A misdemeanor,
178	178	unless the offense is committed under Subsection (b)(1) or (b)(3),
179	179	in which event the offense is a felony of the third degree.
180	180	(h) It is a defense to prosecution under Subsection (a),
181	181	(a-1), (a-2), or (a-3) that the actor, at the time of the commission
182	182	of the offense, displayed the handgun under circumstances in which
183	183	the actor would have been justified in the use of force or deadly
184	184	force under Chapter 9.
185	185	SECTION 5. Section 30.05, Penal Code, is amended by adding
186	186	Subsection (i-1) to read as follows:
187	187	(i-1) If the basis on which entry on the property or land or
188	188	in the building was forbidden is that entry with a firearm or other
189	189	weapon was forbidden it is a defense to prosecution under this
190	190	section that the person was personally given notice by oral
191	191	communication and promptly departed from the property.
192	192	SECTION 6. Chapter 30, Penal Code, is amended by adding
193	193	Section 30.08, TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN, to
194	194	read as follows:
195	195	(a) A person commits an offense if the person:
196	196	(1) carries a handgun unlicensed, on property of
197	197	another without effective consent; and
198	198	(2) received notice that entry on the property by a
199	199	unlicensed holder with a handgun was forbidden.
200	200	(b) For purposes of this section, a person receives notice
201	201	if the owner of the property or someone with apparent authority to
202	202	act for the owner provides notice to the person by oral or written
203	203	communication.
204	204	(c) In this section:
205	205	(1) "Entry" has the meaning assigned by Section
206	206	30.05(b).
207	207	(2) Unlicensed has the meaning of anyone not a
208	208	"License holder" has defined by Section 46.035(f).
209	209	(3) "Written communication" means:
210	210	(A) a card or other document on which is written
211	211	language identical to the following: "Pursuant to Section 30.08,
212	212	Penal Code (TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN), may not
213	213	enter this property with a handgun"; or
214	214	(B) a sign posted on the property that:
215	215	(i) includes the language described by
216	216	Paragraph (A) in both English and Spanish;
217	217	(ii) appears in contrasting colors with
218	218	block letters at least one inch in height; and
219	219	(iii) is displayed in a conspicuous manner
220	220	clearly visible to the public.
221	221	(d) An offense under this section is a Class C misdemeanor
222	222	punishable by a fine not to exceed $200, except that the offense is
223	223	a Class A misdemeanor if it is shown on the trial of the offense
224	224	that, after entering the property, the unlicensed holder was
225	225	personally given the notice by oral communication described by
226	226	Subsection (b) and subsequently failed to depart.
227	227	(e) It is an exception to the application of this section
228	228	that the property on which the unlicensed holder carries a handgun
229	229	is owned or leased by a governmental entity and is not a premises or
230	230	other place on which the unlicensed holder is prohibited from
231	231	carrying the handgun under Section 46.03 or 46.035.
232	232	(e-1) It is a defense to prosecution under this section
233	233	that:
234	234	(1) the unlicensed holder is:
235	235	(A) an owner of an apartment in a condominium
236	236	regime governed by Chapter 81, Property Code;
237	237	(B) an owner of a condominium unit governed by
238	238	Chapter 82, Property Code;
239	239	(C) a tenant or guest of an owner described by
240	240	Paragraph (A) or (B); or
241	241	(D) a guest of a tenant of an owner described by
242	242	Paragraph (A) or (B); and
243	243	(2) the unlicensed holder:
244	244	(A) carries or stores a handgun in the
245	245	condominium apartment or unit owner's apartment or unit;
246	246	(B) carries a handgun directly en route to or
247	247	from the condominium apartment or unit owner's apartment or unit;
248	248	(C) carries a handgun directly en route to or
249	249	from the unlicensed holder's vehicle located in a parking area
250	250	provided for residents or guests of the condominium property; or
251	251	(D) carries or stores a handgun in the unlicensed
252	252	holder's vehicle located in a parking area provided for residents
253	253	or guests of the condominium property.
254	254	(e-2) It is a defense to prosecution under this section
255	255	that:
256	256	(1) the unlicensed holder is a tenant of a leased
257	257	premises governed by Chapter 92, Property Code, or the tenant's
258	258	guest; and
259	259	(2) the unlicensed holder:
260	260	(A) carries or stores a handgun in the tenant's
261	261	rental unit;
262	262	(B) carries a handgun directly en route to or
263	263	from the tenant's rental unit;
264	264	(C) carries a handgun directly en route to or
265	265	from the unlicensed holder's vehicle located in a parking area
266	266	provided for tenants or guests by the landlord of the leased
267	267	premises; or
268	268	(D) carries or stores a handgun in the unlicensed
269	269	holder's vehicle located in a parking area provided for tenants or
270	270	guests by the landlord of the leased premises.
271	271	(e-3) It is a defense to prosecution under this section
272	272	that:
273	273	(1) the unlicensed holder is a tenant of a
274	274	manufactured home lot governed by Chapter 94, Property Code, or the
275	275	tenant's guest; and
276	276	(2) the unlicensed holder:
277	277	(A) carries or stores a handgun in the tenant's
278	278	manufactured home;
279	279	(B) carries a handgun directly en route to or
280	280	from the tenant's manufactured home;
281	281	(C) carries a handgun directly en route to or
282	282	from the unlicensed holder's vehicle located in a parking area
283	283	provided for tenants or tenants' guests by the landlord of the
284	284	leased premises; or
285	285	(D) carries or stores a handgun in the unlicensed
286	286	holder's vehicle located in a parking area provided for tenants or
287	287	tenants' guests by the landlord of the leased premises.
288	288	(f) It is a defense to prosecution under this section that
289	289	the unlicensed holder is volunteer emergency services personnel, as
290	290	defined by Section 46.01.
291	291	(g) It is a defense to prosecution under this section that
292	292	the unlicensed holder was personally given notice by oral
293	293	communication described by Subsection (b) and promptly departed
294	294	from the property.
295	295	SECTION 7. This Act takes effect September 1, 2021.