HB 1927, Hse 3rd Rdg, Amnd #1

(d-3) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200 if the person enters the property, land, or building with a firearm or other weapon and the sole basis on which entry on the property or land or in the building was forbidden is that entry with a firearm or other weapon was forbidden, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, land, or building with the firearm or other weapon, the actor:

(1) personally received from the owner of the property or another person with apparent authority to act for the owner notice that entry with a firearm or other weapon was forbidden, as given through:

(A) notice under Subsection (b)(2)(A), including oral or written communication; or

(B) if the actor is unable to reasonably understand the notice described by Paragraph (A), other personal notice that is reasonable under the circumstances; and

(2) subsequently failed to depart.

(2) Strike added Section 30.05(f-4), Penal Code, and substitute the following:

(f-4) It is a defense to prosecution under this section that:

(1) the sole basis on which entry on the property or land or in the building was forbidden is that entry with a firearm or other weapon was forbidden;

(A) personally received from the owner of the property or another person with apparent authority to act for the owner notice that entry with a firearm or other weapon was forbidden, as given through:

(i) notice under Subsection (b)(2)(A), including oral or written communication; or

(ii) if the actor is unable to reasonably understand the notice described by Subparagraph (i), other personal notice that is reasonable under the circumstances; and

(B) promptly departed from the property.

(3) Strike added Section 46.15(m), Penal Code, and substitute the following:

(m) Section 46.03 does not apply to a person unless the person:

(1) personally received from the owner of the property or another person with apparent authority to act for the owner notice that carrying a weapon on the property was prohibited, as given through:

(A) oral or written communication; or

(B) if the person is unable to reasonably understand the communication described by Paragraph (A), other personal notice that is reasonable under the circumstances; and

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