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AN ACT
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relating to the carrying of handguns by license holders on property |
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owned or leased by a governmental entity. |
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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 (j) to |
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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 take any action, |
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including an action consisting of the provision of [provide] notice |
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by a communication described by Section 30.06 or 30.07, Penal Code, |
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that states or implies [or by any sign expressly referring to that
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law or to a license to carry a handgun,] that a license holder who is |
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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, 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 location and general facts of the violation [and
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specific location of the sign found to be in violation] and the |
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agency or subdivision does not cure the violation before the end of |
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the third business day after the date of receiving the written |
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notice. A complaint filed with the attorney general under this |
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subsection must include evidence of the violation and a copy of the |
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written notice provided to the agency or 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 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 |
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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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(j) In this section, "premises" has the meaning assigned by |
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Section 46.035, Penal Code. |
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SECTION 2. Section 411.209, Government Code, as amended by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1791 was passed by the House on May |
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10, 2019, by the following vote: Yeas 75, Nays 49, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1791 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 21, Nays 10. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |