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78R3920 PEP-D


By:  Hupp, Allen, Wilson, Driver, Keel, et al.                    H.B. No. 878



A BILL TO BE ENTITLED

AN ACT

relating to the application of criminal trespass laws to persons 
licensed to carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 30.05, Penal Code, is amended by adding 
Subsection (f) to read as follows:
	(f)  It is an exception to the application of this section 
that:      
		(1)  the property or land on which the person entered 
was owned or leased by a governmental entity and was not property or 
land described by Section 46.03 or 46.035;
		(2)  the basis on which entry on the property or land 
was forbidden is that entry with a handgun was forbidden; and
		(3)  the person was carrying a concealed handgun and a 
license issued under Subchapter H, Chapter 411, Government Code, to 
carry a concealed handgun of the same category the person was 
carrying.
	SECTION 2.  Section 30.06, Penal Code, is amended by adding 
Subsection (e) to read as follows:
	(e)  It is an exception to the application of this section 
that the property on which the license holder carries a handgun is 
owned or leased by a governmental entity and is not property 
described by Section 46.03 or 46.035.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003.  An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.