By: Paul, et al. (Senate Sponsor - Hughes) H.B. No. 302
         (In the Senate - Received from the House April 11, 2019;
  April 15, 2019, read first time and referred to Committee on State
  Affairs; April 29, 2019, reported favorably by the following vote:  
  Yeas 8, Nays 0; April 29, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the carrying, storage, or possession of a firearm or
  firearm ammunition by certain persons on certain residential or
  commercial property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.05, Penal Code, is amended by adding
  Subsections (f-1), (f-2), and (f-3) to read as follows:
         (f-1)  It is a defense to prosecution under this section
  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:
                     (A)  an owner of an apartment in a condominium
  regime governed by Chapter 81, Property Code;
                     (B)  an owner of a condominium unit governed by
  Chapter 82, Property Code;
                     (C)  a tenant or guest of an owner described by
  Paragraph (A) or (B); or
                     (D)  a guest of a tenant of an owner described by
  Paragraph (A) or (B);
               (3)  the actor:
                     (A)  carries or stores a firearm or firearm
  ammunition in the condominium apartment or unit owner's apartment
  or unit;
                     (B)  carries a firearm or firearm ammunition
  directly en route to or from the condominium apartment or unit
  owner's apartment or unit;
                     (C)  carries a firearm or firearm ammunition
  directly en route to or from the actor's vehicle located in a
  parking area provided for residents or guests of the condominium
  property; or
                     (D)  carries or stores a firearm or firearm
  ammunition in the actor's vehicle located in a parking area
  provided for residents or guests of the condominium property; and
               (4)  the actor is not otherwise prohibited by law from
  possessing a firearm or firearm ammunition.
         (f-2)  It is a defense to prosecution under this section
  that:
               (1)  the basis on which entry on a leased premises
  governed by Chapter 92, 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:
                     (A)  carries or stores a firearm or firearm
  ammunition in the tenant's rental unit;
                     (B)  carries a firearm or firearm ammunition
  directly en route to or from the tenant's rental unit;
                     (C)  carries a firearm or firearm ammunition
  directly en route to or from the actor's vehicle located in a
  parking area provided for tenants or guests by the landlord of the
  leased premises; or
                     (D)  carries or stores a firearm or firearm
  ammunition in the actor's vehicle located in a parking area
  provided for tenants or guests by the landlord of the leased
  premises; and
               (4)  the actor is not otherwise prohibited by law from
  possessing a firearm or firearm ammunition.
         (f-3)  It is a defense to prosecution under this section
  that:
               (1)  the basis on which entry on a leased premises
  governed by Chapter 94, Property Code, was forbidden is that entry
  with a firearm or firearm ammunition was forbidden;
               (2)  the actor is a tenant of a manufactured home lot or
  the tenant's guest;
               (3)  the actor:
                     (A)  carries or stores a firearm or firearm
  ammunition in the tenant's manufactured home;
                     (B)  carries a firearm or firearm ammunition
  directly en route to or from the tenant's manufactured home;
                     (C)  carries a firearm or firearm ammunition
  directly en route to or from the actor's vehicle located in a
  parking area provided for tenants or tenants' guests by the
  landlord of the leased premises; or
                     (D)  carries or stores a firearm or firearm
  ammunition in the actor's vehicle located in a parking area
  provided for tenants or tenants' guests by the landlord of the
  leased premises; and
               (4)  the actor is not otherwise prohibited by law from
  possessing a firearm or firearm ammunition.
         SECTION 2.  Section 30.06, Penal Code, is amended by adding
  Subsections (e-1), (e-2), and (e-3) to read as follows:
         (e-1)  It is a defense to prosecution under this section
  that:
               (1)  the license holder is:
                     (A)  an owner of an apartment in a condominium
  regime governed by Chapter 81, Property Code;
                     (B)  an owner of a condominium unit governed by
  Chapter 82, Property Code;
                     (C)  a tenant or guest of an owner described by
  Paragraph (A) or (B); or
                     (D)  a guest of a tenant of an owner described by
  Paragraph (A) or (B); and
               (2)  the license holder:
                     (A)  carries or stores a handgun in the
  condominium apartment or unit owner's apartment or unit;
                     (B)  carries a handgun directly en route to or
  from the condominium apartment or unit owner's apartment or unit;
                     (C)  carries a handgun directly en route to or
  from the license holder's vehicle located in a parking area
  provided for residents or guests of the condominium property; or
                     (D)  carries or stores a handgun in the license
  holder's vehicle located in a parking area provided for residents
  or guests of the condominium property.
         (e-2)  It is a defense to prosecution under this section
  that:
               (1)  the license holder is a tenant of a leased premises
  governed by Chapter 92, Property Code, or the tenant's guest; and
               (2)  the license holder:
                     (A)  carries or stores a handgun in the tenant's
  rental unit;
                     (B)  carries a handgun directly en route to or
  from the tenant's rental unit;
                     (C)  carries a handgun directly en route to or
  from the license holder's vehicle located in a parking area
  provided for tenants or guests by the landlord of the leased
  premises; or
                     (D)  carries or stores a handgun in the license
  holder's vehicle located in a parking area provided for tenants or
  guests by the landlord of the leased premises.
         (e-3)  It is a defense to prosecution under this section
  that:
               (1)  the license holder is a tenant of a manufactured
  home lot governed by Chapter 94, Property Code, or the tenant's
  guest; and
               (2)  the license holder:
                     (A)  carries or stores a handgun in the tenant's
  manufactured home;
                     (B)  carries a handgun directly en route to or
  from the tenant's manufactured home;
                     (C)  carries a handgun directly en route to or
  from the license holder's vehicle located in a parking area
  provided for tenants or tenants' guests by the landlord of the
  leased premises; or
                     (D)  carries or stores a handgun in the license
  holder's vehicle located in a parking area provided for tenants or
  tenants' guests by the landlord of the leased premises.
         SECTION 3.  Section 30.07, Penal Code, is amended by adding
  Subsections (e-1), (e-2), and (e-3) to read as follows:
         (e-1)  It is a defense to prosecution under this section
  that:
               (1)  the license holder is:
                     (A)  an owner of an apartment in a condominium
  regime governed by Chapter 81, Property Code;
                     (B)  an owner of a condominium unit governed by
  Chapter 82, Property Code;
                     (C)  a tenant or guest of an owner described by
  Paragraph (A) or (B); or
                     (D)  a guest of a tenant of an owner described by
  Paragraph (A) or (B); and
               (2)  the license holder:
                     (A)  carries or stores a handgun in the
  condominium apartment or unit owner's apartment or unit;
                     (B)  carries a handgun directly en route to or
  from the condominium apartment or unit owner's apartment or unit;
                     (C)  carries a handgun directly en route to or
  from the license holder's vehicle located in a parking area
  provided for residents or guests of the condominium property; or
                     (D)  carries or stores a handgun in the license
  holder's vehicle located in a parking area provided for residents
  or guests of the condominium property.
         (e-2)  It is a defense to prosecution under this section
  that:
               (1)  the license holder is a tenant of a leased premises
  governed by Chapter 92, Property Code, or the tenant's guest; and
               (2)  the license holder:
                     (A)  carries or stores a handgun in the tenant's
  rental unit;
                     (B)  carries a handgun directly en route to or
  from the tenant's rental unit;
                     (C)  carries a handgun directly en route to or
  from the license holder's vehicle located in a parking area
  provided for tenants or guests by the landlord of the leased
  premises; or
                     (D)  carries or stores a handgun in the license
  holder's vehicle located in a parking area provided for tenants or
  guests by the landlord of the leased premises.
         (e-3)  It is a defense to prosecution under this section
  that:
               (1)  the license holder is a tenant of a manufactured
  home lot governed by Chapter 94, Property Code, or the tenant's
  guest; and
               (2)  the license holder:
                     (A)  carries or stores a handgun in the tenant's
  manufactured home;
                     (B)  carries a handgun directly en route to or
  from the tenant's manufactured home;
                     (C)  carries a handgun directly en route to or
  from the license holder's vehicle located in a parking area
  provided for tenants or tenants' guests by the landlord of the
  leased premises; or
                     (D)  carries or stores a handgun in the license
  holder's vehicle located in a parking area provided for tenants or
  tenants' guests by the landlord of the leased premises.
         SECTION 4.  Section 82.002, Property Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  Section 82.121 applies to a condominium for which the
  declaration was recorded before January 1, 1994.
         SECTION 5.  Subchapter C, Chapter 82, Property Code, is
  amended by adding Section 82.121 to read as follows:
         Sec. 82.121.  POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
  CONDOMINIUM PROPERTY. (a)  Unless possession of a firearm or
  firearm ammunition on condominium property is prohibited by state
  or federal law, a condominium unit owner, or a tenant or guest of a
  condominium unit owner, or a guest of a tenant of a condominium unit
  owner may not be 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:
                     (A)  enter or exit the condominium property;
                     (B)  enter or exit the condominium unit owner's
  unit; or
                     (C)  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)  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.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.026 to read as follows:
         Sec. 92.026.  POSSESSION OF FIREARMS OR FIREARM AMMUNITION
  ON LEASED PREMISES. Unless possession of a firearm or firearm
  ammunition on a landlord's property is prohibited by state or
  federal law, a landlord may not prohibit a tenant or a tenant's
  guest from lawfully possessing, carrying, transporting, or storing
  a firearm, any part of a firearm, 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:
                     (A)  enter or exit the tenant's rental unit;
                     (B)  enter or exit the leased premises; or
                     (C)  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.  Subchapter F, Chapter 94, Property Code, is
  amended by adding Section 94.257 to read as follows:
         Sec. 94.257.  POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
  LEASED PREMISES. Unless possession of a firearm or firearm
  ammunition on a landlord's property is prohibited by state or
  federal law, a landlord may not prohibit a tenant or a tenant's
  guest from lawfully possessing, carrying, transporting, or storing
  a firearm, any part of a firearm, or firearm ammunition:
               (1)  in the tenant's manufactured home;
               (2)  in a vehicle located in a parking area provided for
  tenants or tenants' guests by the landlord of the leased premises;
  or
               (3)  in other locations controlled by the landlord as
  necessary to:
                     (A)  enter or exit the tenant's manufactured home;
                     (B)  enter or exit the leased premises; or
                     (C)  enter or exit a vehicle on the leased
  premises or located in a parking area provided by the landlord for
  tenants or tenants' guests.
         SECTION 8.  Sections 30.05, 30.06, and 30.07, Penal Code, as
  amended by this Act, apply only to an offense committed on or after
  the effective date of this Act.  An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose.  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.  Sections 92.026 and 94.257, 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.  This Act takes effect September 1, 2019.
 
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