1 | 1 | | 89R5267 JSC-D |
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2 | 2 | | By: Tepper H.B. No. 1739 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the notice given by a property owner prohibiting |
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10 | 10 | | certain persons from carrying certain firearms on the property. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 30.05, Penal Code, is amended by |
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13 | 13 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (c) A person may provide notice that firearms are prohibited |
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16 | 16 | | on the property by posting [a sign] at each entrance to the property |
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17 | 17 | | [that]: |
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18 | 18 | | (1) a sign that: |
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19 | 19 | | (A) includes, in both English and Spanish, |
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20 | 20 | | language that is identical to or substantially similar to the |
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21 | 21 | | following: "Pursuant to Section 30.05, Penal Code (criminal |
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22 | 22 | | trespass), a person may not enter this property with a firearm"; |
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23 | 23 | | (B) [(2) includes the language described by |
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24 | 24 | | Subdivision (1) in both English and Spanish; |
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25 | 25 | | [(3)] appears in contrasting colors with block letters |
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26 | 26 | | at least one-half [one] inch in height; and |
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27 | 27 | | (C) [(4)] is displayed in a conspicuous manner |
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28 | 28 | | clearly visible to the public; or |
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29 | 29 | | (2) a sign that: |
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30 | 30 | | (A) includes, in both English and Spanish, |
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31 | 31 | | language that is identical to or substantially similar to the |
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32 | 32 | | following: "No firearms permitted on this property"; |
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33 | 33 | | (B) appears on a white background with black |
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34 | 34 | | block letters at least one-half inch in height; |
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35 | 35 | | (C) contains a pictogram that shows, on a white |
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36 | 36 | | background, a handgun drawn in black ink within a red circle of at |
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37 | 37 | | least six inches in diameter and a diagonal red line across the |
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38 | 38 | | handgun; and |
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39 | 39 | | (D) is displayed in a conspicuous manner clearly |
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40 | 40 | | visible to the public. |
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41 | 41 | | (c-1) Notice provided under Subsection (c) may be combined |
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42 | 42 | | in the same sign as notice provided under Section 30.06(c)(3)(B) or |
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43 | 43 | | (C) or Section 30.07(c)(3)(B) or (C) by including the applicable |
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44 | 44 | | statement for each category of entry to be prohibited. If notice is |
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45 | 45 | | given in the manner described by Subsection (c)(2), and combined |
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46 | 46 | | with notice described by Section 30.06(c)(3)(C) or Section |
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47 | 47 | | 30.07(c)(3)(C), it is not necessary to display more than one |
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48 | 48 | | pictogram such as that described by Subsection (c)(2)(C) of this |
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49 | 49 | | section. Notice provided in the manner authorized by this |
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50 | 50 | | subsection is considered to be sufficient for purposes of |
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51 | 51 | | prohibiting the categories of entry described by this section, |
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52 | 52 | | Section 30.06, and Section 30.07, as applicable. |
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53 | 53 | | SECTION 2. Section 30.06(c)(3), Penal Code, is amended to |
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54 | 54 | | read as follows: |
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55 | 55 | | (3) "Written communication" means: |
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56 | 56 | | (A) a card or other document on which is written |
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57 | 57 | | language identical to the following: "Pursuant to Section 30.06, |
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58 | 58 | | Penal Code (trespass by license holder with a concealed handgun), a |
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59 | 59 | | person licensed under Subchapter H, Chapter 411, Government Code |
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60 | 60 | | (handgun licensing law), may not enter this property with a |
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61 | 61 | | concealed handgun"; [or] |
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62 | 62 | | (B) a sign posted on the property that: |
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63 | 63 | | (i) includes the language described by |
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64 | 64 | | Paragraph (A) in both English and Spanish; |
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65 | 65 | | (ii) appears in contrasting colors with |
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66 | 66 | | block letters at least one-half [one] inch in height; and |
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67 | 67 | | (iii) is displayed in a conspicuous manner |
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68 | 68 | | clearly visible to the public; or |
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69 | 69 | | (C) a sign posted on the property that: |
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70 | 70 | | (i) includes, in both English and Spanish, |
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71 | 71 | | language that is identical to or substantially similar to the |
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72 | 72 | | following: "No concealed handguns permitted on this property"; |
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73 | 73 | | (ii) appears on a white background with |
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74 | 74 | | black block letters at least one-half inch in height; |
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75 | 75 | | (iii) contains a pictogram that shows, on a |
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76 | 76 | | white background, a handgun drawn in black ink within a red circle |
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77 | 77 | | of at least six inches in diameter and a diagonal red line across |
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78 | 78 | | the handgun; and |
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79 | 79 | | (iv) is displayed in a conspicuous manner |
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80 | 80 | | clearly visible to the public. |
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81 | 81 | | SECTION 3. Section 30.06, Penal Code, is amended by adding |
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82 | 82 | | Subsection (c-1) to read as follows: |
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83 | 83 | | (c-1) Notice provided under Subsection (c)(3)(B) or (C) may |
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84 | 84 | | be combined in the same sign as notice provided under Section |
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85 | 85 | | 30.05(c) or Section 30.07(c)(3)(B) or (C) by including the |
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86 | 86 | | applicable statement for each category of entry to be prohibited. |
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87 | 87 | | If notice is given in the manner described by Subsection (c)(3)(C), |
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88 | 88 | | and combined with notice described by Section 30.05(c)(2) or |
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89 | 89 | | Section 30.07(c)(3)(C), it is not necessary to display more than |
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90 | 90 | | one pictogram such as that described by Subsection (c)(3)(C)(iii) |
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91 | 91 | | of this section. Notice provided in the manner authorized by this |
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92 | 92 | | subsection is considered to be sufficient for purposes of |
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93 | 93 | | prohibiting the categories of entry described by this section, |
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94 | 94 | | Section 30.05, and Section 30.07, as applicable. |
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95 | 95 | | SECTION 4. Section 30.07(c)(3), Penal Code, is amended to |
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96 | 96 | | read as follows: |
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97 | 97 | | (3) "Written communication" means: |
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98 | 98 | | (A) a card or other document on which is written |
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99 | 99 | | language identical to the following: "Pursuant to Section 30.07, |
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100 | 100 | | Penal Code (trespass by license holder with an openly carried |
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101 | 101 | | handgun), a person licensed under Subchapter H, Chapter 411, |
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102 | 102 | | Government Code (handgun licensing law), may not enter this |
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103 | 103 | | property with a handgun that is carried openly"; [or] |
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104 | 104 | | (B) a sign posted on the property that: |
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105 | 105 | | (i) includes the language described by |
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106 | 106 | | Paragraph (A) in both English and Spanish; |
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107 | 107 | | (ii) appears in contrasting colors with |
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108 | 108 | | block letters at least one-half [one] inch in height; and |
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109 | 109 | | (iii) is displayed in a conspicuous manner |
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110 | 110 | | clearly visible to the public at each entrance to the property; or |
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111 | 111 | | (C) a sign posted on the property that: |
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112 | 112 | | (i) includes, in both English and Spanish, |
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113 | 113 | | language that is identical to or substantially similar to the |
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114 | 114 | | following: "No openly carried handguns permitted on this property"; |
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115 | 115 | | (ii) appears on a white background with |
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116 | 116 | | black block letters at least one-half inch in height; |
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117 | 117 | | (iii) contains a pictogram that shows, on a |
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118 | 118 | | white background, a handgun drawn in black ink within a red circle |
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119 | 119 | | of at least six inches in diameter and a diagonal red line across |
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120 | 120 | | the handgun; and |
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121 | 121 | | (iv) is displayed in a conspicuous manner |
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122 | 122 | | clearly visible to the public. |
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123 | 123 | | SECTION 5. Section 30.07, Penal Code, is amended by adding |
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124 | 124 | | Subsection (c-1) to read as follows: |
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125 | 125 | | (c-1) Notice provided under Subsection (c)(3)(B) or (C) may |
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126 | 126 | | be combined in the same sign as notice provided under Section |
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127 | 127 | | 30.05(c) or Section 30.06(c)(3)(B) or (C) by including the |
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128 | 128 | | applicable statement for each category of entry to be prohibited. |
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129 | 129 | | If notice is given in the manner described by Subsection (c)(3)(C), |
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130 | 130 | | and combined with notice described by Section 30.05(c)(2) or |
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131 | 131 | | Section 30.06(c)(3)(C), it is not necessary to display more than |
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132 | 132 | | one pictogram such as that described by Subsection (c)(3)(C)(iii) |
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133 | 133 | | of this section. Notice provided in the manner authorized by this |
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134 | 134 | | subsection is considered to be sufficient for purposes of |
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135 | 135 | | prohibiting the categories of entry described by this section, |
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136 | 136 | | Section 30.05, and Section 30.06, as applicable. |
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137 | 137 | | SECTION 6. The changes in law made by this Act apply only to |
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138 | 138 | | an offense committed on or after the effective date of this Act. An |
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139 | 139 | | offense committed before the effective date of this Act is governed |
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140 | 140 | | by the law in effect on the date the offense was committed, and the |
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141 | 141 | | former law is continued in effect for that purpose. |
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142 | 142 | | SECTION 7. This Act takes effect September 1, 2025. |
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