S.B. No. 20
AN ACT
relating to carrying and storing a handgun or handgun ammunition by
a hotel guest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C, Chapter 2155,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. FIREARMS POLICY [NOTICE]
SECTION 2. Section 2155.101, Occupations Code, is amended
to read as follows:
Sec. 2155.101. DEFINITION. In this subchapter, "hotel"
means a hotel, motel, inn, or similar business entity that offers
more than 10 rooms to the public for temporary lodging for a fee
[has the meaning assigned by Section 156.001, Tax Code].
SECTION 3. Subchapter C, Chapter 2155, Occupations Code, is
amended by adding Section 2155.1025 to read as follows:
Sec. 2155.1025. FIREARMS POLICY. (a) Unless possession of
a handgun or other firearm or ammunition on hotel property is
prohibited by state or federal law, a hotel may not adopt a policy
prohibiting a hotel guest from:
(1) carrying or storing a firearm or firearm
ammunition in the guest's hotel room;
(2) carrying a firearm or firearm ammunition directly
en route to or from the hotel or the guest's hotel room;
(3) carrying a firearm or firearm ammunition directly
en route to or from the guest's vehicle located on the hotel
property, including a vehicle in a parking area provided for hotel
guests; or
(4) carrying or storing a firearm or firearm
ammunition in the guest's vehicle located on the hotel property,
including a vehicle in a parking area provided for hotel guests.
(b) A hotel may adopt a policy requiring a hotel guest
carrying a firearm or firearm ammunition in a common area on the
hotel property to:
(1) carry a handgun in a concealed manner; or
(2) carry a firearm or ammunition in a case or bag.
SECTION 4. Section 30.05, Penal Code, is amended by adding
Subsection (f-4) to read as follows:
(f-4) It is a defense to prosecution under this section
that:
(1) the conduct occurred on hotel property, and the
basis on which entry on that property was forbidden is that entry
with a firearm or firearm ammunition was forbidden;
(2) the actor is a guest of a hotel, as defined by
Section 2155.101, Occupations Code; and
(3) the actor:
(A) carries or stores a firearm or firearm
ammunition in the actor's hotel room;
(B) carries a firearm or firearm ammunition
directly en route to or from the hotel or the actor's hotel room;
(C) carries a firearm or firearm ammunition
directly en route to or from the actor's vehicle located on the
hotel property, including a vehicle in a parking area provided for
hotel guests; or
(D) carries or stores a firearm or firearm
ammunition in the actor's vehicle located on the hotel property,
including a vehicle in a parking area provided for hotel guests.
SECTION 5. Section 30.06, Penal Code, is amended by adding
Subsection (e-4) to read as follows:
(e-4) It is a defense to prosecution under this section that
the license holder is a guest of a hotel, as defined by Section
2155.101, Occupations Code, and the license holder:
(1) carries or stores a handgun in the license holder's
hotel room;
(2) carries a handgun directly en route to or from the
hotel or the license holder's hotel room;
(3) carries a handgun directly en route to or from the
license holder's vehicle located on the hotel property, including a
vehicle in a parking area provided for hotel guests; or
(4) carries or stores a handgun in the license holder's
vehicle located on the hotel property, including a vehicle in a
parking area provided for hotel guests.
SECTION 6. Section 30.07, Penal Code, is amended by adding
Subsection (e-4) to read as follows:
(e-4) It is a defense to prosecution under this section that
the license holder is a guest of a hotel, as defined by Section
2155.101, Occupations Code, and the license holder:
(1) carries or stores a handgun in the license holder's
hotel room;
(2) carries a handgun directly en route to or from the
hotel or the license holder's hotel room;
(3) carries a handgun directly en route to or from the
license holder's vehicle located on the hotel property, including a
vehicle in a parking area provided for hotel guests; or
(4) carries or stores a handgun in the license holder's
vehicle located on the hotel property, including a vehicle in a
parking area provided for hotel guests.
SECTION 7. Sections 30.05, 30.06, and 30.07, Penal Code, as
amended by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 8. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 20 passed the Senate on
April 14, 2021, by the following vote: Yeas 27, Nays 4; and that
the Senate concurred in House amendment on May 28, 2021, by the
following vote: Yeas 22, Nays 9.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 20 passed the House, with
amendment, on May 24, 2021, by the following vote: Yeas 81,
Nays 62, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor