| 1 | 1 | | 89R4102 JBD-D |
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| 2 | 2 | | By: Richardson H.B. No. 2031 |
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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 possession, carrying, transporting, or storing of a |
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| 10 | 10 | | firearm or firearm ammunition by a tenant on the leased premises; |
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| 11 | 11 | | providing a civil penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 92.026, Property Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION |
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| 16 | 16 | | ON LEASED PREMISES. (a) Unless possession of a firearm or firearm |
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| 17 | 17 | | ammunition on a landlord's property is prohibited by state or |
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| 18 | 18 | | federal law, a landlord may not prohibit a tenant or a tenant's |
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| 19 | 19 | | guest from lawfully possessing, carrying, transporting, or storing |
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| 20 | 20 | | a firearm, any part of a firearm, or firearm ammunition: |
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| 21 | 21 | | (1) in the tenant's rental unit; |
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| 22 | 22 | | (2) in a vehicle located in a parking area provided for |
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| 23 | 23 | | tenants or guests by the landlord of the leased premises; or |
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| 24 | 24 | | (3) in other locations controlled by the landlord as |
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| 25 | 25 | | necessary to: |
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| 26 | 26 | | (A) enter or exit the tenant's rental unit; |
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| 27 | 27 | | (B) enter or exit the leased premises; or |
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| 28 | 28 | | (C) enter or exit a vehicle on the leased |
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| 29 | 29 | | premises or located in a parking area provided by the landlord for |
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| 30 | 30 | | tenants or guests. |
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| 31 | 31 | | (b) A landlord that violates Subsection (a) is liable for a |
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| 32 | 32 | | civil penalty of: |
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| 33 | 33 | | (1) not less than $1,000 and not more than $1,500 for |
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| 34 | 34 | | the first violation; and |
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| 35 | 35 | | (2) not less than $10,000 and not more than $10,500 for |
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| 36 | 36 | | the second or subsequent violation. |
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| 37 | 37 | | (c) A tenant of a landlord in violation of Subsection (a) |
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| 38 | 38 | | may file a complaint with the attorney general that the landlord is |
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| 39 | 39 | | in violation of Subsection (a) if the tenant provides the landlord |
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| 40 | 40 | | with a written notice that describes the location and general facts |
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| 41 | 41 | | of the violation and the landlord does not cure the violation before |
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| 42 | 42 | | the end of the third business day after the date of receiving the |
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| 43 | 43 | | written notice. A complaint filed with the attorney general under |
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| 44 | 44 | | this subsection must include evidence of the violation and a copy of |
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| 45 | 45 | | the written notice provided to the landlord. |
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| 46 | 46 | | (d) A civil penalty collected by the attorney general under |
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| 47 | 47 | | this section shall be deposited to the credit of the compensation to |
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| 48 | 48 | | victims of crime fund established under Subchapter J, Chapter 56B, |
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| 49 | 49 | | Code of Criminal Procedure. |
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| 50 | 50 | | (e) Before a suit may be brought against a landlord for a |
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| 51 | 51 | | violation of Subsection (a), the attorney general must investigate |
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| 52 | 52 | | the complaint to determine whether legal action is warranted. If |
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| 53 | 53 | | legal action is warranted, the attorney general must give the |
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| 54 | 54 | | landlord charged with the violation a written notice that: |
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| 55 | 55 | | (1) describes the violation; |
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| 56 | 56 | | (2) states the amount of the proposed penalty for the |
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| 57 | 57 | | violation; and |
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| 58 | 58 | | (3) gives the landlord 15 days from receipt of the |
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| 59 | 59 | | notice to cure the violation to avoid the penalty, unless the |
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| 60 | 60 | | landlord was found liable by a court for previously violating |
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| 61 | 61 | | Subsection (a). |
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| 62 | 62 | | (f) If the attorney general determines that legal action is |
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| 63 | 63 | | warranted and that the landlord has not cured the violation within |
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| 64 | 64 | | the 15-day period provided by Subsection (e)(3), the attorney |
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| 65 | 65 | | general or the appropriate county or district attorney may sue to |
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| 66 | 66 | | collect the civil penalty provided by Subsection (b). The attorney |
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| 67 | 67 | | general may also apply for any appropriate equitable relief. A suit |
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| 68 | 68 | | or petition under this subsection may be filed in a district court |
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| 69 | 69 | | in a county in which the premises are located. The attorney general |
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| 70 | 70 | | may recover reasonable expenses incurred in obtaining relief under |
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| 71 | 71 | | this subsection, including court costs, reasonable attorney's |
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| 72 | 72 | | fees, investigative costs, witness fees, and deposition costs. |
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| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2025. |
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