By: Springer, Buckingham S.B. No. 540
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain person to carry a handgun
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15 (k), NONAPPLICABILITY, is amended
to read as follows:
(k) Section 46.02 does not apply to a person who carries a
handgun if
(1) the person carries the handgun while:
(A) evacuating from an area following the
declaration of a state of disaster under Section 418.014,
Government Code, or a local state of disaster under Section
418.108, Government Code, with respect to that area; or
B) reentering that area following the person's
evacuation;
(2) not more than 168 hours have elapsed since the
state of disaster or local state of disaster was declared, or more
than 168 hours have elapsed since the time the declaration was made
and the governor has extended the period during which a person may
carry a handgun under this subsection; and
(3) the person is not prohibited by state or federal
law from possessingpurchasing a firearm.
SECTION 2. Section 46.02, Penal Code, UNLAWFUL CARRYING
WEAPONS, is amended by amending Subsections (a) and (a-1) and
adding Subsection (a-2) to read as follows:
(a) A person younger than 21 years of age commits an offense
if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a handgun; and
(2) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
(a-1) A person younger than 21 years of age commits an
offense if the person intentionally, knowingly, or recklessly
carries on or about his or her person a handgun in a motor vehicle or
watercraft that is owned by the person or under the person's control
at any time in which:
(1) the handgun is in plain view, unless the person is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a shoulder or belt
holster; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.
(a-2) A person commits an offense if the person carries a
handgun on or about their person, and intentionally displays the
handgun in plain view of another person in a public place. It is an
exception to the application of this subsection that the handgun
was partially or wholly visible but was carried in a holster on or
about the person.
SECTION 3. Section 46.03, Penal Code, PLACES WEAPONS
PROHIBITED, is amended to read as follows:
(e-1) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) possessed, at the screening checkpoint for the
secured area, a concealed handgun that the actor was licensed to
carry under Subchapter H, Chapter 411, Government Code; and
(2) exited the screening checkpoint for the secured
area immediately upon completion of the required screening
processes and notification that the actor possessed the handgun.
SECTION 4. Section 46.035, Penal Code, UNLAWFUL CARRYING OF
HANDGUN BY LICENSE HOLDER, is amended to read as follows:
(a) A license holderperson commits an offense if the
license holderperson carries a handgun on or about the license
holder'stheir person under the authority of Subchapter H, Chapter
411, Government Code, and intentionally displays the handgun in
plain view of another person in a public place. It is an exception
to the application of this subsection that the handgun was
partially or wholly visible but was carried in a shoulder or belt
holster by the license holderperson.
(a-1) Notwithstanding Subsection (a), a license holder
commits an offense if the license holder carries a partially or
wholly visible handgun, regardless of whether the handgun is
holstered, on or about the license holder's person under the
authority of Subchapter H, Chapter 411, Government Code, and
intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher
education or private or independent institution of higher
education; or
(2) on any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area of an institution of higher education or private or
independent institution of higher education.
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
license holder commits an offense if the license holder carries a
handgun on the campus of a private or independent institution of
higher education in this state that has established rules,
regulations, or other provisions prohibiting license holders from
carrying handguns pursuant to Section 411.2031(e), Government
Code, or on the grounds or building on which an activity sponsored
by such an institution is being conducted, or in a passenger
transportation vehicle of such an institution, regardless of
whether the handgun is concealed, provided the institution gives
effective notice under Section 30.06.
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a
license holder commits an offense if the license holder
intentionally carries a concealed handgun on a portion of a
premises located on the campus of an institution of higher
education in this state on which the carrying of a concealed handgun
is prohibited by rules, regulations, or other provisions
established under Section 411.2031(d-1), Government Code, provided
the institution gives effective notice under Section 30.06 with
respect to that portion.
(b) A license holderperson commits an offense if the
license holderperson intentionally, knowingly, or recklessly
carries a handgun under the authority of Subchapter H, Chapter 411,
Government Code, regardless of whether the handgun is concealed or
carried in a shoulder or belt holster, on or about the license
holder'stheir person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holderperson is a participant in the
event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the license holderperson has written authorization of the hospital
or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a civil commitment facility.
(c) A license holderperson commits an offense if the
license holderperson intentionally, knowingly, or recklessly
carries a handgun under the authority of Subchapter H, Chapter 411,
Government Code, regardless of whether the handgun is concealed or
carried in a shoulder or belt holster, in the room or rooms where a
meeting of a governmental entity is held and if the meeting is an
open meeting subject to Chapter 551, Government Code, and the
entity provided notice as required by that chapter.
(d) A license holderperson commits an offense if, while
intoxicated, the license holderperson carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, or
pursuant to the exception provided in Section 46.15(k), regardless
of whether the handgun is concealed or carried in a shoulder or belt
holster.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(g) An offense under this section is a Class A misdemeanor,
unless the offense is committed under Subsection (b)(1) or (b)(3),
in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a),
(a-1), (a-2), or (a-3) that the actor, at the time of the commission
of the offense, displayed the handgun under circumstances in which
the actor would have been justified in the use of force or deadly
force under Chapter 9.
SECTION 5. Section 30.05, Penal Code, is amended by adding
Subsection (i-1) to read as follows:
(i-1) If the basis on which entry on the property or land or
in the building was forbidden is that entry with a firearm or other
weapon was forbidden it is a defense to prosecution under this
section that the person was personally given notice by oral
communication and promptly departed from the property.
SECTION 6. Chapter 30, Penal Code, is amended by adding
Section 30.08, TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN, to
read as follows:
(a) A person commits an offense if the person:
(1) carries a handgun unlicensed, on property of
another without effective consent; and
(2) received notice that entry on the property by a
unlicensed holder with a handgun was forbidden.
b) For purposes of this section, a person receives notice if the
owner of the property or someone with apparent authority to act for
the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) Unlicensed has the meaning of anyone not a
"License holder" has defined by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.08,
Penal Code (TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN), may not
enter this property with a handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the unlicensed holder was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the unlicensed holder carries a handgun
is owned or leased by a governmental entity and is not a premises or
other place on which the unlicensed holder is prohibited from
carrying the handgun under Section 46.03 or 46.035.
(e-1) It is a defense to prosecution under this section
that:
(1) the unlicensed holder is:
(A) an owner of an apartment in a condominium
regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by
Chapter 82, Property Code;
(C) a tenant or guest of an owner described by
Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by
Paragraph (A) or (B); and
(2) the unlicensed holder:
(A) carries or stores a handgun in the
condominium apartment or unit owner's apartment or unit;
(B) carries a handgun directly en route to or
from the condominium apartment or unit owner's apartment or unit;
(C) carries a handgun directly en route to or
from the unlicensed holder's vehicle located in a parking area
provided for residents or guests of the condominium property; or
(D) carries or stores a handgun in the unlicensed
holder's vehicle located in a parking area provided for residents
or guests of the condominium property.
(e-2) It is a defense to prosecution under this section
that:
(1) the unlicensed holder is a tenant of a leased
premises governed by Chapter 92, Property Code, or the tenant's
guest; and
(2) the unlicensed holder:
(A) carries or stores a handgun in the tenant's
rental unit;
(B) carries a handgun directly en route to or
from the tenant's rental unit;
(C) carries a handgun directly en route to or
from the unlicensed holder's vehicle located in a parking area
provided for tenants or guests by the landlord of the leased
premises; or
(D) carries or stores a handgun in the unlicensed
holder's vehicle located in a parking area provided for tenants or
guests by the landlord of the leased premises.
(e-3) It is a defense to prosecution under this section
that:
(1) the unlicensed holder is a tenant of a
manufactured home lot governed by Chapter 94, Property Code, or the
tenant's guest; and
(2) the unlicensed holder:
(A) carries or stores a handgun in the tenant's
manufactured home;
(B) carries a handgun directly en route to or
from the tenant's manufactured home;
(C) carries a handgun directly en route to or
from the unlicensed holder's vehicle located in a parking area
provided for tenants or tenants' guests by the landlord of the
leased premises; or
(D) carries or stores a handgun in the unlicensed
holder's vehicle located in a parking area provided for tenants or
tenants' guests by the landlord of the leased premises.
(f) It is a defense to prosecution under this section that
the unlicensed holder is volunteer emergency services personnel, as
defined by Section 46.01.
(g) It is a defense to prosecution under this section that
the unlicensed holder was personally given notice by oral
communication described by Subsection (b) and promptly departed
from the property.
SECTION 8. This Act takes effect September 1, 2021.