Texas 2025 - 89th Regular

Texas Senate Bill SB1065 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R10115 JSC-D
1	2		By: Hall S.B. No. 1065
2		-	(In the Senate - Filed February 3, 2025; February 24, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 15, 2025, reported favorably by the following vote: Yeas 8,
5		-	Nays 1; April 15, 2025, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to a required provision in certain governmental entity
14	10		contracts regarding the carrying of handguns by license holders;
15	11		providing civil penalties.
16	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	13		SECTION 1. Subchapter H, Chapter 411, Government Code, is
18	14		amended by adding Section 411.2095 to read as follows:
19	15		Sec. 411.2095. VIOLATION OF CONTRACT PROVISION RELATING TO
20	16		LICENSE HOLDER; CIVIL PENALTY. (a) In this section, "governmental
21	17		entity" has the meaning assigned by Section 2252.911(a).
22	18		(b) A contractor who uses property owned or leased by a
23	19		governmental entity under a contract containing a condition
24		-	described by Section ~~2252~~.911(b) may not take any action, including
	20	+	described by Section 2251.911(b) may not take any action, including
25	21		an action consisting of the provision of notice by a communication
26	22		described by Section 30.06 or 30.07, Penal Code, that states or
27	23		implies that a license holder who is carrying a handgun under the
28	24		authority of this subchapter is prohibited from entering or
29	25		remaining on the property or a portion of the property unless
30	26		license holders are prohibited from carrying a handgun on the
31	27		property or that portion of the property by Section 46.03, Penal
32	28		Code, or other law.
33	29		(c) A contractor that violates Subsection (b) is liable for
34	30		a civil penalty of:
35	31		(1) not less than $1,000 and not more than $1,500 for
36	32		the first violation; and
37	33		(2) not less than $10,000 and not more than $10,500 for
38	34		the second or a subsequent violation.
39	35		(d) Each day of a continuing violation of Subsection (b)
40	36		constitutes a separate violation.
41	37		(e) A resident of this state or a person licensed to carry a
42	38		handgun under this subchapter may file a complaint with the
43	39		attorney general that a contractor is in violation of Subsection
44	40		(b) if the resident or license holder provides the contractor a
45	41		written notice that describes the location and general facts of the
46	42		violation and the contractor does not cure the violation before the
47	43		end of the third business day after the date of receiving the
48	44		written notice. A complaint filed with the attorney general under
49	45		this subsection must include evidence of the violation and a copy of
50	46		the written notice provided to the contractor.
51	47		(f) A civil penalty collected by the attorney general under
52	48		this section shall be deposited to the credit of the compensation to
53	49		victims of crime fund established under Subchapter J, Chapter 56B,
54	50		Code of Criminal Procedure.
55	51		(g) Before a suit may be brought against a contractor for a
56	52		violation of Subsection (b), the attorney general must investigate
57	53		the complaint to determine whether legal action is warranted. If
58	54		legal action is warranted, the attorney general must give the
59	55		contractor charged with the violation a written notice that:
60	56		(1) describes the violation;
61	57		(2) states the amount of the proposed penalty for the
62	58		violation; and
63	59		(3) gives the contractor 15 days from receipt of the
64	60		notice to cure the violation to avoid the penalty, unless the
65	61		contractor was found liable by a court for previously violating
66	62		Subsection (b).
67	63		(h) If the attorney general determines that legal action is
68	64		warranted and that the contractor has not cured the violation
69	65		within the 15-day period provided by Subsection (g)(3), the
70	66		attorney general or the appropriate county or district attorney may
71	67		sue to collect the civil penalty provided by Subsection (c). The
72	68		attorney general may also file a petition for appropriate equitable
73	69		relief. A suit or petition under this subsection may be filed in a
74	70		district court in Travis County or in a county in which the
75	71		contractor's principal place of business is located. The attorney
76	72		general may recover reasonable expenses incurred in obtaining
77	73		relief under this subsection, including court costs, reasonable
78	74		attorney's fees, investigative costs, witness fees, and deposition
79	75		costs.
80	76		SECTION 2. Subchapter Z, Chapter 2252, Government Code, is
81	77		amended by adding Section 2252.911 to read as follows:
82	78		Sec. 2252.911. REQUIRED CONTRACT PROVISION RELATING TO
83	79		HANDGUNS CARRIED BY LICENSE HOLDERS. (a) In this section,
84	80		"governmental entity" means:
85	81		(1) a department, commission, board, office, or other
86	82		agency that is in the executive or legislative branch of state
87	83		government and that was created by the constitution or a statute,
88	84		including an institution of higher education as defined by Section
89	85		61.003, Education Code;
90	86		(2) the supreme court, the court of criminal appeals,
91	87		a court of appeals, a district court, or the Texas Judicial Council
92	88		or another agency in the judicial branch of state government; or
93	89		(3) a county, municipality, special-purpose district
94	90		or authority, or any other political subdivision of this state.
95	91		(b) A contract for the use of property owned or leased by a
96	92		governmental entity must include the following statement:
97	93		"______________ (name of contractor), during the term of this
98	94		contract, may not in any manner prohibit a license holder who is
99	95		carrying a handgun under the authority of Subchapter H, Chapter
100	96		411, Government Code, from entering or remaining on the property or
101	97		a portion of the property, including a prohibition imposed through
102	98		the provision of notice by a communication described by Section
103	99		30.06 or 30.07, Penal Code, unless license holders are prohibited
104	100		from carrying handguns on the property or that portion of the
105	101		property under Section 46.03, Penal Code, or other law. Each
106	102		violation of this provision may result in a civil penalty of up to
107	103		$10,500 and a judgment for the expenses associated with obtaining
108	104		relief under Section 411.2095, Government Code."
109	105		SECTION 3. The provisions of this Act are severable, and if
110	106		any provision of this Act or the application of the provision to any
111	107		person or circumstance is declared invalid for any reason, the
112	108		declaration does not affect the validity of the remaining portions
113	109		of this Act.
114	110		SECTION 4. Section 2252.911, Government Code, as added by
115	111		this Act, does not apply to a contract entered into before the
116	112		effective date of this Act, except that if the contract is renewed,
117	113		modified, or extended on or after the effective date of this Act,
118	114		Section 2252.911, Government Code, applies to the contract
119	115		beginning on the date of renewal, modification, or extension.
120	116		SECTION 5. This Act takes effect immediately if it receives
121	117		a vote of two-thirds of all the members elected to each house, as
122	118		provided by Section 39, Article III, Texas Constitution. If this
123	119		Act does not receive the vote necessary for immediate effect, this
124	120		Act takes effect September 1, 2025.
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