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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses relating to carrying concealed |
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handguns on property owned or leased by a governmental entity; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.209 to read as follows: |
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Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN |
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LICENSE HOLDER. (a) A state agency or a political subdivision of |
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the state may not provide notice by a communication described by |
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Section 30.06, Penal Code, or by any sign expressly referring to |
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that law or to a concealed handgun license, that a license holder |
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carrying a handgun under the authority of this subchapter is |
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prohibited from entering or remaining on a premises or other place |
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owned or leased by the governmental entity unless license holders |
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are prohibited from carrying a handgun on the premises or other |
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place by Section 46.03 or 46.035, Penal Code. |
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(b) A state agency or a political subdivision of the state |
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that violates Subsection (a) is liable for a civil penalty of: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) not less than $10,000 and not more than $10,500 for |
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the second or a subsequent violation. |
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(c) Each day of a continuing violation of Subsection (a) |
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constitutes a separate violation. |
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(d) A citizen of this state or a person licensed to carry a |
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concealed handgun under this subchapter may file a complaint with |
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the attorney general that a state agency or political subdivision |
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is in violation of Subsection (a). A complaint filed under this |
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subsection must include evidence of the violation. |
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(e) A civil penalty collected by the attorney general under |
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this section shall be deposited to the credit of the compensation to |
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victims of crime fund established under Subchapter B, Chapter 56, |
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Code of Criminal Procedure. |
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(f) Before a suit may be brought against a state agency or a |
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political subdivision of the state for a violation of Subsection |
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(a), the attorney general must investigate the complaint to |
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determine whether legal action is warranted. If legal action is |
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warranted, the attorney general must give the chief administrative |
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officer of the agency or political subdivision charged with the |
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violation a written notice that: |
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(1) describes the violation and specific location of |
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the sign found to be in violation; |
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(2) states the amount of the proposed penalty for the |
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violation; and |
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(3) gives the agency or political subdivision 15 days |
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from receipt of the notice to remove the sign and cure the violation |
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to avoid the penalty, unless the agency or political subdivision |
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was found liable by a court for previously violating Subsection |
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(a). |
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(g) If the attorney general determines that legal action is |
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warranted and that the state agency or political subdivision has |
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not cured the violation within the 15-day period provided by |
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Subsection (f)(3), the attorney general or the appropriate county |
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or district attorney may sue to collect the civil penalty provided |
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by Subsection (b). The attorney general may also file a petition for |
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a writ of mandamus or apply for other appropriate equitable relief. |
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A suit or petition under this subsection may be filed in a district |
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court in Travis County or in a county in which the principal office |
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of the state agency or political subdivision is located. The |
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attorney general may recover reasonable expenses incurred in |
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obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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deposition costs. |
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(h) Sovereign immunity to suit is waived and abolished to |
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the extent of liability created by this section. |
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SECTION 2. Section 46.035(c), Penal Code, is amended to |
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read as follows: |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, in the room or rooms |
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where a [at any] meeting of a governmental entity is held and if the |
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meeting is an open meeting subject to Chapter 551, Government Code, |
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and the entity provided notice as required by that chapter. |
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SECTION 3. The change in law made by this Act in amending |
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Section 46.035(c), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |