Texas 2021 - 87th Regular

Texas Senate Bill SB637 Compare Versions

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

Old	New	Differences
1	1	87R8847 JSC-D
2	2	By: Hughes S.B. No. 637
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to carrying and storing a firearm or firearm ammunition by
8	8	a hotel guest.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter C, Chapter 2155,
11	11	Occupations Code, is amended to read as follows:
12	12	SUBCHAPTER C. FIREARMS POLICY [NOTICE]
13	13	SECTION 2. Section 2155.101, Occupations Code, is amended
14	14	to read as follows:
15	15	Sec. 2155.101. DEFINITIONS [DEFINITION]. In this
16	16	subchapter:
17	17	(1) "Hotel" means a hotel, motel, inn, or similar
18	18	business entity that offers more than 10 rooms to the public for
19	19	temporary lodging for a fee [, "hotel" has the meaning assigned by
20	20	Section 156.001, Tax Code].
21	21	(2) "License holder" has the meaning assigned by
22	22	Section 46.035, Penal Code.
23	23	SECTION 3. Subchapter C, Chapter 2155, Occupations Code, is
24	24	amended by adding Section 2155.1025 to read as follows:
25	25	Sec. 2155.1025. FIREARMS POLICY. (a) Unless possession of
26	26	a handgun or other firearm or ammunition on hotel property is
27	27	prohibited by state or federal law, a hotel may not adopt a policy
28	28	prohibiting a hotel guest who is a license holder from:
29	29	(1) carrying or storing a firearm or firearm
30	30	ammunition in the guest's hotel room;
31	31	(2) carrying a firearm or firearm ammunition directly
32	32	en route to or from the hotel or the guest's hotel room;
33	33	(3) carrying a firearm or firearm ammunition directly
34	34	en route to or from the guest's vehicle located on the hotel
35	35	property, including a vehicle in a parking area provided for hotel
36	36	guests; or
37	37	(4) carrying or storing a firearm or firearm
38	38	ammunition in the guest's vehicle located on the hotel property,
39	39	including a vehicle in a parking area provided for hotel guests.
40	40	(b) A hotel may adopt a policy requiring a hotel guest
41	41	carrying a firearm or firearm ammunition in a common area on the
42	42	hotel property to:
43	43	(1) carry a handgun in a concealed manner; or
44	44	(2) carry a firearm or ammunition in a case or bag.
45	45	SECTION 4. Section 30.05, Penal Code, is amended by adding
46	46	Subsection (f-4) to read as follows:
47	47	(f-4) It is a defense to prosecution under this section
48	48	that:
49	49	(1) the conduct occurred on hotel property, and the
50	50	basis on which entry on that property was forbidden is that entry
51	51	with a firearm or firearm ammunition was forbidden;
52	52	(2) the actor:
53	53	(A) holds a license to carry a handgun under
54	54	Subchapter H, Chapter 411, Government Code; and
55	55	(B) is a guest of a hotel, as defined by Section
56	56	2155.101, Occupations Code; and
57	57	(3) the actor:
58	58	(A) carries or stores a firearm or firearm
59	59	ammunition in the actor's hotel room;
60	60	(B) carries a firearm or firearm ammunition
61	61	directly en route to or from the hotel or the actor's hotel room;
62	62	(C) carries a firearm or firearm ammunition
63	63	directly en route to or from the actor's vehicle located on the
64	64	hotel property, including a vehicle in a parking area provided for
65	65	hotel guests; or
66	66	(D) carries or stores a firearm or firearm
67	67	ammunition in the actor's vehicle located on the hotel property,
68	68	including a vehicle in a parking area provided for hotel guests.
69	69	SECTION 5. Section 30.06, Penal Code, is amended by adding
70	70	Subsection (e-4) to read as follows:
71	71	(e-4) It is a defense to prosecution under this section that
72	72	the license holder is a guest of a hotel, as defined by Section
73	73	2155.101, Occupations Code, and the license holder:
74	74	(1) carries or stores a handgun in the license holder's
75	75	hotel room;
76	76	(2) carries a handgun directly en route to or from the
77	77	hotel or the license holder's hotel room;
78	78	(3) carries a handgun directly en route to or from the
79	79	license holder's vehicle located on the hotel property, including a
80	80	vehicle in a parking area provided for hotel guests; or
81	81	(4) carries or stores a handgun in the license holder's
82	82	vehicle located on the hotel property, including a vehicle in a
83	83	parking area provided for hotel guests.
84	84	SECTION 6. Section 30.07, Penal Code, is amended by adding
85	85	Subsection (e-4) to read as follows:
86	86	(e-4) It is a defense to prosecution under this section that
87	87	the license holder is a guest of a hotel, as defined by Section
88	88	2155.101, Occupations Code, and the license holder:
89	89	(1) carries or stores a handgun in the license holder's
90	90	hotel room;
91	91	(2) carries a handgun directly en route to or from the
92	92	hotel or the license holder's hotel room;
93	93	(3) carries a handgun directly en route to or from the
94	94	license holder's vehicle located on the hotel property, including a
95	95	vehicle in a parking area provided for hotel guests; or
96	96	(4) carries or stores a handgun in the license holder's
97	97	vehicle located on the hotel property, including a vehicle in a
98	98	parking area provided for hotel guests.
99	99	SECTION 7. Sections 30.05, 30.06, and 30.07, Penal Code, as
100	100	amended by this Act, apply only to an offense committed on or after
101	101	the effective date of this Act. An offense committed before the
102	102	effective date of this Act is governed by the law in effect on the
103	103	date the offense was committed, and the former law is continued in
104	104	effect for that purpose. For purposes of this section, an offense
105	105	was committed before the effective date of this Act if any element
106	106	of the offense occurred before that date.
107	107	SECTION 8. This Act takes effect September 1, 2021.