Texas 2021 - 87th Regular

Texas Senate Bill SB20 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 20
	1	+	By: Campbell, et al. S.B. No. 20
	2	+	(Hefner)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to carrying and storing a handgun or handgun ammunition by
6	8		a hotel guest.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. The heading to Subchapter C, Chapter 2155,
9	11		Occupations Code, is amended to read as follows:
10	12		SUBCHAPTER C. FIREARMS POLICY [NOTICE]
11	13		SECTION 2. Section 2155.101, Occupations Code, is amended
12	14		to read as follows:
13	15		Sec. 2155.101. DEFINITION. In this subchapter, "hotel"
14	16		means a hotel, motel, inn, or similar business entity that offers
15	17		more than 10 rooms to the public for temporary lodging for a fee
16	18		[has the meaning assigned by Section 156.001, Tax Code].
17	19		SECTION 3. Subchapter C, Chapter 2155, Occupations Code, is
18	20		amended by adding Section 2155.1025 to read as follows:
19		-	Sec. 2155.1025. FIREARMS POLICY. (a) Unless possession of
20		-	a handgun or other firearm or ammunition on hotel property is
21		-	prohibited by state or federal law, a hotel may not adopt a policy
	21	+	Sec. 2155.1025. APPLICABILITY OF FIREARMS POLICY TO
	22	+	HANDGUNS. (a) Unless possession of a handgun or handgun ammunition
	23	+	on hotel property is prohibited by state or federal law, a hotel may
	24	+	not adopt a firearms policy described by Section 2155.102
22	25		prohibiting a hotel guest from:
23		-	(1) carrying or storing a ~~firearm~~ or ~~firearm~~
	26	+	(1) carrying or storing a handgun or handgun
24	27		ammunition in the guest's hotel room;
25		-	(2) carrying a ~~firearm~~ or ~~firearm~~ ammunition directly
	28	+	(2) carrying a handgun or handgun ammunition directly
26	29		en route to or from the hotel or the guest's hotel room;
27		-	(3) carrying a ~~firearm~~ or ~~firearm~~ ammunition directly
	30	+	(3) carrying a handgun or handgun ammunition directly
28	31		en route to or from the guest's vehicle located on the hotel
29	32		property, including a vehicle in a parking area provided for hotel
30	33		guests; or
31		-	(4) carrying or storing a ~~firearm~~ or ~~firearm~~
	34	+	(4) carrying or storing a handgun or handgun
32	35		ammunition in the guest's vehicle located on the hotel property,
33	36		including a vehicle in a parking area provided for hotel guests.
34		-	(b) A hotel may adopt a policy requiring a hotel ~~guest~~
35		-	carrying a ~~firearm~~ or ~~firearm~~ ammunition in a common area on ~~the~~
36		-	hotel property to:
	37	+	(b) A hotel may adopt a firearms policy requiring a hotel
	38	+	guest carrying a handgun or handgun ammunition in a common area on
	39	+	the hotel property to:
37	40		(1) carry a handgun in a concealed manner; or
38		-	(2) carry ~~a firearm or~~ ammunition in a case or bag.
	41	+	(2) carry handgun ammunition in a case or bag.
39	42		SECTION 4. Section 30.05, Penal Code, is amended by adding
40	43		Subsection (f-4) to read as follows:
41	44		(f-4) It is a defense to prosecution under this section
42	45		that:
43	46		(1) the conduct occurred on hotel property, and the
44	47		basis on which entry on that property was forbidden is that entry
45	48		with a firearm or firearm ammunition was forbidden;
46	49		(2) the actor is a guest of a hotel, as defined by
47	50		Section 2155.101, Occupations Code; and
48	51		(3) the actor:
49		-	(A) carries or stores a ~~firearm~~ or ~~firearm~~
	52	+	(A) carries or stores a handgun or handgun
50	53		ammunition in the actor's hotel room;
51		-	(B) carries a ~~firearm~~ or ~~firearm~~ ammunition
	54	+	(B) carries a handgun or handgun ammunition
52	55		directly en route to or from the hotel or the actor's hotel room;
53		-	(C) carries a ~~firearm~~ or ~~firearm~~ ammunition
	56	+	(C) carries a handgun or handgun ammunition
54	57		directly en route to or from the actor's vehicle located on the
55	58		hotel property, including a vehicle in a parking area provided for
56	59		hotel guests; or
57		-	(D) carries or stores a ~~firearm~~ or ~~firearm~~
	60	+	(D) carries or stores a handgun or handgun
58	61		ammunition in the actor's vehicle located on the hotel property,
59	62		including a vehicle in a parking area provided for hotel guests.
60	63		SECTION 5. Section 30.06, Penal Code, is amended by adding
61	64		Subsection (e-4) to read as follows:
62	65		(e-4) It is a defense to prosecution under this section that
63	66		the license holder is a guest of a hotel, as defined by Section
64	67		2155.101, Occupations Code, and the license holder:
65	68		(1) carries or stores a handgun in the license holder's
66	69		hotel room;
67	70		(2) carries a handgun directly en route to or from the
68	71		hotel or the license holder's hotel room;
69	72		(3) carries a handgun directly en route to or from the
70	73		license holder's vehicle located on the hotel property, including a
71	74		vehicle in a parking area provided for hotel guests; or
72	75		(4) carries or stores a handgun in the license holder's
73	76		vehicle located on the hotel property, including a vehicle in a
74	77		parking area provided for hotel guests.
75	78		SECTION 6. Section 30.07, Penal Code, is amended by adding
76	79		Subsection (e-4) to read as follows:
77	80		(e-4) It is a defense to prosecution under this section that
78	81		the license holder is a guest of a hotel, as defined by Section
79	82		2155.101, Occupations Code, and the license holder:
80	83		(1) carries or stores a handgun in the license holder's
81	84		hotel room;
82	85		(2) carries a handgun directly en route to or from the
83	86		hotel or the license holder's hotel room;
84	87		(3) carries a handgun directly en route to or from the
85	88		license holder's vehicle located on the hotel property, including a
86	89		vehicle in a parking area provided for hotel guests; or
87	90		(4) carries or stores a handgun in the license holder's
88	91		vehicle located on the hotel property, including a vehicle in a
89	92		parking area provided for hotel guests.
90	93		SECTION 7. Sections 30.05, 30.06, and 30.07, Penal Code, as
91	94		amended by this Act, apply only to an offense committed on or after
92	95		the effective date of this Act. An offense committed before the
93	96		effective date of this Act is governed by the law in effect on the
94	97		date the offense was committed, and the former law is continued in
95	98		effect for that purpose. For purposes of this section, an offense
96	99		was committed before the effective date of this Act if any element
97	100		of the offense occurred before that date.
98	101		SECTION 8. This Act takes effect September 1, 2021.
99		-	______________________________ ______________________________
100		-	President of the Senate Speaker of the House
101		-	I hereby certify that S.B. No. 20 passed the Senate on
102		-	April 14, 2021, by the following vote: Yeas 27, Nays 4; and that
103		-	the Senate concurred in House amendment on May 28, 2021, by the
104		-	following vote: Yeas 22, Nays 9.
105		-	______________________________
106		-	Secretary of the Senate
107		-	I hereby certify that S.B. No. 20 passed the House, with
108		-	amendment, on May 24, 2021, by the following vote: Yeas 81,
109		-	Nays 62, one present not voting.
110		-	______________________________
111		-	Chief Clerk of the House
112		-	Approved:
113		-	______________________________
114		-	Date
115		-	______________________________
116		-	Governor