BILL ANALYSIS
|
Senate Research Center |
S.B. 19 |
|
86R2431 PMO-D |
By: Hughes |
|
|
State Affairs |
|
|
3/22/2019 |
|
|
As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 19 protects the rights of owners or tenants of residential units or commercial spaces to lawfully possess firearms and ammunition in those locations, and to transport them directly en route between their vehicles and those residential units or commercial spaces.
Landlords and building owners can currently disenfranchise gun owners and effectively deny them the ability to protect themselves through contractual provisions prohibiting the possession or storage of firearms in apartment leases, condominium rules, or commercial leases. Additionally, posting notice in common areas under Sections 30.05, 30.06 or 30.07, Penal Code, that prohibits firearms from being carried between personal vehicles and residential dwelling units or commercial offices forces gun owners to consider leaving their firearms in their cars or trucks, making them susceptible to theft. This method of restricting the carrying of handguns also conflicts with Section 46.02, Penal Code, which allows a person to carry a handgun directly en route to a motor vehicle owned or controlled by the person.
S.B. 19 does not affect the ability of landlords or building owners to restrict the possession or carrying of firearms and ammunition in common areas not used by tenants to travel directly en route between vehicles and residential units or commercial spaces. Firearms and ammunition can still be prohibited in leasing offices, swimming pool areas, workout facilities, mailbox spaces and community center rooms, etc. Nor would it affect existing leases or renewals that are entered into before the effective date of this Act.
As proposed, S.B. 19 amends current law relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 30.05, Penal Code, by adding Subsections (f-1) and (f-2), as follows:
(f-1) Provides that it is an exception to the application of this section (Criminal Trespass) that:
(1) the basis on which entry on the property was forbidden is that entry with a firearm or firearm ammunition was forbidden;
(2) the actor is an owner, tenant or guest of an owner, or guest of a tenant of a condominium unit or regime governed by certain chapters;
(3) the actor carries or stores a firearm or firearm ammunition in certain areas; and
(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition.
(f-2) Provides that it is an exception to the application of this section that:
(1) the basis on which entry on a leased premises governed by Chapter 92 (Residential Tenancies) or 93 (Commercial Tenancies), Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;
(2) the actor is a tenant of the leased premises or the tenant's guest;
(3) the actor carries or stores a firearm or firearm ammunition in certain areas; and
(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition.
SECTION 2. Amends Section 30.06, Penal Code, by adding Subsections (e-1) and (e-2), as follows:
(e-1) Provides that it is an exception to the application of this section (Trespass by License Holder With a Concealed Handgun) that:
(1) the license holder is an owner, tenant or guest of an owner, or guest of a tenant of a condominium unit or regime governed by certain chapters; and
(2) the license holder carries or stores a firearm or firearm ammunition in certain areas.
(e-2) Creates an exception to the application of this section that:
(1) the license holder is a tenant of a leased premises governed by Chapter 92 or 93, Property Code, or the tenant's guest; and
(2) the license holder carries or stores a firearm or firearm ammunition in certain areas.
SECTION 3. Amends Section 30.07, Penal Code, by adding Subsections (e-1) and (e-2), as follows:
(e-1) Provides that it is an exception to the application of this section (Trespass by License Holder With an Openly Carried Handgun) that:
(1) the license holder is an owner, tenant or guest of an owner, or guest of a tenant of a condominium unit or regime governed by certain chapters; and
(2) the license holder carries or stores a firearm or firearm ammunition in certain areas.
(e-2) Provides that it is an exception to the application of this section that:
(1) the license holder is a tenant of a leased premises governed by Chapter 92 or 93, Property Code, or the tenant's guest; and
(2) the license holder carries or stores a firearm or firearm ammunition in certain areas.
SECTION 4. Amends Section 82.002, Property Code, by adding Subsection (c-1) to provide that Section 82.121 applies to a condominium for which the declaration was recorded before January 1, 1994.
SECTION 5. Amends Subchapter C, Chapter 82, Property Code, by adding Section 82.121, as follows:
Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY. (a) Prohibits a condominium unit owner, a tenant or guest of a condominium unit owner, or a guest of a tenant of a condominium unit owner, unless possession of a firearm or firearm ammunition on condominium property is prohibited by state or federal law, from being prohibited from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:
(1) in the condominium unit owner's unit;
(2) in a vehicle located in a parking area provided for the residents or guests of the condominium property; or
(3) in other common element locations as necessary to enter or exit the condominium property, enter or exit the condominium unit owner's unit, or enter or exit a vehicle on the condominium property or located in a parking area provided for residents or guests of the condominium property.
(b) Provides that this section applies notwithstanding any provision of a dedicatory instrument to the contrary and regardless of the date of the provision's adoption.
SECTION 6. Amends Subchapter A, Chapter 92, Property Code, by adding Section 92.026, as follows:
Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Prohibits a landlord, unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, from prohibiting a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a fire arm, or firearm ammunition:
(1) in the tenant's rental unit;
(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to enter or exit the tenant's rental unit, enter or exit the leased premises, or enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests.
SECTION 7. Amends Chapter 93, Property Code, by adding Section 93.014, as follows:
Sec. 93.014. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON LEASED PREMISES. Prohibits a landlord, unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, from prohibiting a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a fire arm, or firearm ammunition:
(1) on the tenant's leased premises;
(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(3) in other locations controlled by the landlord as necessary to enter or exit the tenant's leased premises, enter or exit the leased premises, or enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests.
SECTION 8. Makes application of Sections 30.05, 30.06, and 30.07, Penal Code, as amended by this Act, prospective. Provides that for purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 9. Provides that Sections 92.026 and 93.014, Property Code, as added by this Act, do not affect the enforceability of a provision in a lease agreement entered into or renewed before the effective date of this Act.
SECTION 10. Effective date: September 1, 2019.