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A BILL TO BE ENTITLED
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AN ACT
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relating to wrongful exclusion of handgun license holders from |
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certain property owned by or leased to a governmental entity and to |
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certain offenses relating to the carrying of handguns on that |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.209, Government Code, is amended by |
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amending Subsections (a), (d), and (f), and adding Subsection (d-1) |
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to read as follows: |
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(a) Except as provided by Subsection (i), a state agency or |
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a political subdivision of the state may not provide notice by a |
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communication described by Section 30.06 or 30.07, Penal Code, or |
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by any sign expressly referring to either of those provisions [that
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law] or to a license to carry a handgun, 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 and occupied by the governmental entity or leased to and |
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occupied by the governmental entity unless license holders are |
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prohibited from carrying a handgun on the premises or other place by |
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Section 46.03 or 46.035, Penal Code, or other law. |
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(d) A resident of this state or a person licensed to carry a |
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handgun under this subchapter may file a complaint with the |
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attorney general that a state agency or political subdivision is in |
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violation of Subsection (a) if the resident or license holder |
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[person] provides the agency or subdivision a written notice that |
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describes the violation [and specific location of the sign found to
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be in violation] and the agency or subdivision does not cure the |
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violation before the end of the third business day after the date of |
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receiving the written notice. The written notice provided under |
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this subsection must include a copy of any document alleged to be in |
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violation or must describe the specific location of any sign found |
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to be in violation. |
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(d-1) A complaint filed with the attorney general under |
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Subsection (d) [this subsection] must include evidence of the |
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violation and a copy of the written notice provided to the agency or |
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subdivision. |
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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 includes the |
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information described by Subsection (d) [specific location of the
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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 |
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violation to avoid the penalty, unless the agency or political |
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subdivision was found liable by a court for previously violating |
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Subsection (a). |
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SECTION 2. Section 30.06(e), Penal Code, is amended to read |
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as follows: |
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(e) It is an exception to the application of this section |
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that the property on which the license holder carries a handgun: |
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(1) is owned and occupied [or leased] by a |
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governmental entity or leased to and occupied by a governmental |
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entity; and |
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(2) is not a premises or other place on which the |
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license holder is prohibited from carrying the handgun under |
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Section 46.03 or 46.035. |
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SECTION 3. Section 30.07(e), Penal Code, is amended to read |
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as follows: |
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(e) It is an exception to the application of this section |
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that the property on which the license holder openly carries the |
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handgun: |
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(1) is owned and occupied [or leased] by a |
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governmental entity or leased to and occupied by a governmental |
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entity; and |
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(2) is not a premises or other place on which the |
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license holder is prohibited from carrying the handgun under |
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Section 46.03 or 46.035. |
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SECTION 4. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |