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A BILL TO BE ENTITLED
|
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AN ACT
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relating to provisions governing the carrying of a firearm by a |
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person who is not otherwise prohibited by state or federal law from |
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possessing the firearm and to other provisions related to the |
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carrying, possessing, transporting, or storing of a firearm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Texas |
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Constitutional Carry Act of 2021. |
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SECTION 2. The heading to Section 46.02, Penal Code, is |
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amended to read as follows: |
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Sec. 46.02. UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED |
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WEAPONS. |
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SECTION 3. Section 46.02(b), Penal Code, is amended to read |
|
as follows: |
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(b) An [Except as provided by Subsection (c) or (d), an] |
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offense under this section is a Class C [A] misdemeanor. |
|
SECTION 4. Sections 46.03(a), (e-1), (e-2), and (f), Penal |
|
Code, are amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
|
knowingly, or recklessly possesses or goes with a firearm, |
|
location-restricted knife, club, or prohibited weapon listed in |
|
Section 46.05(a): |
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(1) on the physical premises of a school or |
|
educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
|
conducted, or a passenger transportation vehicle of a school or |
|
educational institution, whether the school or educational |
|
institution is public or private, unless: |
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(A) pursuant to written regulations or written |
|
authorization of the institution; or |
|
(B) the person is not otherwise prohibited by law |
|
from possessing a firearm and possesses or goes with a [concealed] |
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handgun [that the person is licensed to carry under Subchapter H, |
|
Chapter 411, Government Code, and no other weapon to which this |
|
section applies,] on the premises of an institution of higher |
|
education or private or independent institution of higher |
|
education, on any grounds or building on which an activity |
|
sponsored by the institution is being conducted, or in a passenger |
|
transportation vehicle of the institution; |
|
(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
|
(3) on the premises of any government court or offices |
|
utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
|
(5) in or into a secured area of an airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
|
on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
|
subsection within 1,000 feet of the premises was prohibited. |
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(e-1) It is a defense to prosecution under Subsection (a)(5) |
|
that the actor: |
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(1) possessed, at the screening checkpoint for the |
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secured area, a [concealed] handgun that the actor was not |
|
otherwise prohibited by state or federal law from possessing |
|
[licensed to carry under Subchapter H, Chapter 411, Government |
|
Code]; and |
|
(2) exited the screening checkpoint for the secured |
|
area immediately on [upon] completion of the required screening |
|
processes and notification that the actor possessed the handgun. |
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(e-2) A peace officer investigating conduct that may |
|
constitute an offense under Subsection (a)(5) and that consists |
|
only of an actor's possession of a [concealed] handgun that the |
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actor is not otherwise prohibited by state or federal law from |
|
possessing [licensed to carry under Subchapter H, Chapter 411, |
|
Government Code,] may not arrest the actor for the offense unless: |
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(1) the officer advises the actor of the defense |
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available under Subsection (e-1) and gives the actor an opportunity |
|
to exit the screening checkpoint for the secured area; and |
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(2) the actor does not immediately exit the checkpoint |
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on [upon] completion of the required screening processes. |
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(f) Except as provided by Subsection (e-1), it is not a |
|
defense to prosecution under this section that the actor possessed |
|
a handgun and was: |
|
(1) licensed to carry a handgun under Subchapter H, |
|
Chapter 411, Government Code; or |
|
(2) not otherwise prohibited by state or federal law |
|
from possessing a firearm. |
|
SECTION 5. Chapter 46, Penal Code, is amended by adding |
|
Section 46.032 to read as follows: |
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Sec. 46.032. CARRYING OF HANDGUN. Except as otherwise |
|
provided by this chapter or other law, a person who is not otherwise |
|
prohibited from possessing a firearm under Section 46.04 of this |
|
code, 18 U.S.C. Section 922, or other law: |
|
(1) is not prohibited from carrying a concealed |
|
handgun or a partially or wholly visible handgun in a holster; and |
|
(2) may not be required to obtain or hold a license for |
|
that purpose. |
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SECTION 6. The heading to Section 46.035, Penal Code, is |
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amended to read as follows: |
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Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE |
|
HOLDER]. |
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SECTION 7. Sections 46.035(a), (a-2), (a-3), (b), (c), (d), |
|
(h), and (j), Penal Code, are amended to read as follows: |
|
(a) A person [license holder] commits an offense if the |
|
person [license holder] carries a handgun [on or about the license |
|
holder's person under the authority of Subchapter H, Chapter 411, |
|
Government Code,] and intentionally displays the handgun in plain |
|
view of another person in a public place. It is an exception to the |
|
application of this subsection that the handgun was partially or |
|
wholly visible but was carried in a [shoulder or belt] holster [by |
|
the license holder]. |
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(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a |
|
person [license holder] commits an offense if the person [license |
|
holder] carries a handgun on the campus of a private or independent |
|
institution of higher education in this state that has established |
|
rules, regulations, or other provisions prohibiting a person |
|
[license holders] from carrying a handgun under [handguns pursuant |
|
to] Section 51.992(h), Education [411.2031(e), Government] Code, |
|
or on the grounds or building on which an activity sponsored by the |
|
[such an] institution is being conducted, or in a passenger |
|
transportation vehicle of the [such an] institution, regardless of |
|
whether the handgun is concealed or carried in a holster, provided |
|
the institution gives effective notice under Section 30.06 or |
|
30.07, as applicable. |
|
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a |
|
person [license holder] commits an offense if the person [license |
|
holder] intentionally carries a [concealed] handgun on a portion of |
|
a premises located on the campus of an institution of higher |
|
education in this state on which the carrying of a [concealed] |
|
handgun is prohibited by rules, regulations, or other provisions |
|
established under Section 51.992(d), Education [411.2031(d-1), |
|
Government] Code, provided the institution gives effective notice |
|
under Section 30.06 or 30.07, as applicable, with respect to that |
|
portion. |
|
(b) A person [license holder] commits an offense if the |
|
person [license holder] intentionally, knowingly, or recklessly |
|
carries a handgun [under the authority of Subchapter H, Chapter |
|
411, Government Code], regardless of whether the handgun is |
|
concealed or carried in a [shoulder or belt] holster[, on or about |
|
the license holder's person]: |
|
(1) on the premises of a business that has a permit or |
|
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|
Beverage Code, if the business derives 51 percent or more of its |
|
income from the sale or service of alcoholic beverages for |
|
on-premises consumption, as determined by the Texas Alcoholic |
|
Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
|
(2) on the premises where a high school, collegiate, |
|
or professional sporting event or interscholastic event is taking |
|
place, unless the person [license holder] is a participant in the |
|
event and a handgun is used in the event; |
|
(3) on the premises of a correctional facility; |
|
(4) on the premises of a hospital licensed under |
|
Chapter 241, Health and Safety Code, or on the premises of a nursing |
|
facility licensed under Chapter 242, Health and Safety Code, unless |
|
the person [license holder] has written authorization of the |
|
hospital or nursing facility administration, as appropriate; |
|
(5) in an amusement park; or |
|
(6) on the premises of a civil commitment facility. |
|
(c) A person [license holder] commits an offense if: |
|
(1) the person [license holder] intentionally, |
|
knowingly, or recklessly carries a handgun [under the authority of |
|
Subchapter H, Chapter 411, Government Code], regardless of whether |
|
the handgun is concealed or carried in a [shoulder or belt] holster, |
|
in the room or rooms where a meeting of a governmental entity is |
|
held; and |
|
(2) [if] the meeting described by Subdivision (1) is |
|
an open meeting subject to Chapter 551, Government Code, and the |
|
entity provided notice as required by that chapter. |
|
(d) A person [license holder] commits an offense if the |
|
person[, while intoxicated, the license holder] carries a handgun |
|
while the person is intoxicated [under the authority of Subchapter |
|
H, Chapter 411, Government Code], regardless of whether the handgun |
|
is concealed or carried in a [shoulder or belt] holster. |
|
(h) It is a defense to prosecution under Subsection (a), |
|
[(a-1),] (a-2), or (a-3) that the actor, at the time of the |
|
commission of the offense, displayed the handgun under |
|
circumstances in which the actor would have been justified in the |
|
use of force or deadly force under Chapter 9. |
|
(j) Subsections (a), [(a-1),] (a-2), (a-3), and (b)(1) do |
|
not apply to a historical reenactment performed in compliance with |
|
the rules of the Texas Alcoholic Beverage Commission. |
|
SECTION 8. Section 46.02(a-1), Penal Code, is transferred |
|
to Section 46.035, Penal Code, redesignated as Section 46.035(d-1), |
|
Penal Code, and amended to read as follows: |
|
(d-1) [(a-1)] A person commits an offense if the person |
|
intentionally, knowingly, or recklessly carries [on or about his or |
|
her person] a handgun, regardless of whether the handgun is |
|
concealed or carried in a holster, [in a motor vehicle or watercraft |
|
that is owned by the person or under the person's control] at any |
|
time in which[: |
|
[(1) the handgun is in plain view, unless the person is |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code, and the handgun is carried in a shoulder or belt |
|
holster; or |
|
[(2)] the person is: |
|
(1) [(A)] engaged in criminal activity, other than a |
|
Class C misdemeanor that is a violation of a law or ordinance |
|
regulating traffic or boating; or |
|
(2) otherwise [(B)] prohibited by law from possessing |
|
a firearm[; or |
|
[(C) a member of a criminal street gang, as defined by |
|
Section 71.01]. |
|
SECTION 9. Section 46.035(f), Penal Code, is amended by |
|
adding Subdivision (1-b) to read as follows: |
|
(1-b) "Intoxicated" has the meaning assigned by |
|
Section 49.01. |
|
SECTION 10. Sections 46.15(a), (h), and (l), Penal Code, |
|
are amended to read as follows: |
|
(a) Sections [46.02 and] 46.03 and 46.035(b) and (c) do not |
|
apply to: |
|
(1) peace officers or special investigators under |
|
Article 2.122, Code of Criminal Procedure, and none of those |
|
sections prohibit [neither section prohibits] a peace officer or |
|
special investigator from carrying a weapon in this state, |
|
including in an establishment in this state serving the public, |
|
regardless of whether the peace officer or special investigator is |
|
engaged in the actual discharge of the officer's or investigator's |
|
duties while carrying the weapon; |
|
(2) parole officers, and none of those sections |
|
prohibit [neither section prohibits] an officer from carrying a |
|
weapon in this state if the officer is: |
|
(A) engaged in the actual discharge of the |
|
officer's duties while carrying the weapon; and |
|
(B) in compliance with policies and procedures |
|
adopted by the Texas Department of Criminal Justice regarding the |
|
possession of a weapon by an officer while on duty; |
|
(3) community supervision and corrections department |
|
officers appointed or employed under Section 76.004, Government |
|
Code, and none of those sections prohibit [neither section |
|
prohibits] an officer from carrying a weapon in this state if the |
|
officer is: |
|
(A) engaged in the actual discharge of the |
|
officer's duties while carrying the weapon; and |
|
(B) authorized to carry a weapon under Section |
|
76.0051, Government Code; |
|
(4) an active judicial officer as defined by Section |
|
411.201, Government Code, who is licensed to carry a handgun under |
|
Subchapter H, Chapter 411, Government Code; |
|
(5) an honorably retired peace officer or other |
|
qualified retired law enforcement officer, as defined by 18 U.S.C. |
|
Section 926C, who holds a certificate of proficiency issued under |
|
Section 1701.357, Occupations Code, and is carrying a photo |
|
identification that is issued by a federal, state, or local law |
|
enforcement agency, as applicable, and that verifies that the |
|
officer is an honorably retired peace officer or other qualified |
|
retired law enforcement officer; |
|
(6) the attorney general or a United States attorney, |
|
district attorney, criminal district attorney, county attorney, or |
|
municipal attorney who is licensed to carry a handgun under |
|
Subchapter H, Chapter 411, Government Code; |
|
(7) an assistant United States attorney, assistant |
|
attorney general, assistant district attorney, assistant criminal |
|
district attorney, or assistant county attorney who is licensed to |
|
carry a handgun under Subchapter H, Chapter 411, Government Code; |
|
(8) a bailiff designated by an active judicial officer |
|
as defined by Section 411.201, Government Code, who is: |
|
(A) licensed to carry a handgun under Subchapter |
|
H, Chapter 411, Government Code; and |
|
(B) engaged in escorting the judicial officer; |
|
(9) a juvenile probation officer who is authorized to |
|
carry a firearm under Section 142.006, Human Resources Code; [or] |
|
(10) a person who is volunteer emergency services |
|
personnel if the person is: |
|
(A) licensed to carry [carrying] a handgun under |
|
[the authority of] Subchapter H, Chapter 411, Government Code; and |
|
(B) engaged in providing emergency services; or |
|
(11) a judge or justice of a federal court who is |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code. |
|
(h) The provisions of Section [Sections 46.02 and] 46.03 |
|
prohibiting the possession or carrying of a club do not apply to a |
|
code enforcement officer who: |
|
(1) holds a certificate of registration issued under |
|
Chapter 1952, Occupations Code; and |
|
(2) possesses or carries an instrument used |
|
specifically for deterring an animal bite while the officer is: |
|
(A) performing official duties; or |
|
(B) traveling to or from a place of duty. |
|
(l) Sections [46.02,] 46.03(a)(1), (a)(2), (a)(3), and |
|
(a)(4), and 46.035(a), [(a-1),] (a-2), (a-3), (b)(1), (b)(5), and |
|
(b)(6) do not apply to a person who carries a handgun if: |
|
(1) the person carries the handgun on the premises, as |
|
defined by the statute providing the applicable offense, of a |
|
location operating as an emergency shelter during a state of |
|
disaster declared under Section 418.014, Government Code, or a |
|
local state of disaster declared under Section 418.108, Government |
|
Code; |
|
(2) the owner, controller, or operator of the premises |
|
or a person acting with the apparent authority of the owner, |
|
controller, or operator, authorized the carrying of the handgun; |
|
(3) the person carrying the handgun complies with any |
|
rules and regulations of the owner, controller, or operator of the |
|
premises that govern the carrying of a handgun on the premises; and |
|
(4) the person is not prohibited by state or federal |
|
law from possessing a firearm. |
|
SECTION 11. Chapter 507, Business & Commerce Code, is |
|
amended to read as follows: |
|
CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS |
|
VALID FORM [FORMS] OF PERSONAL IDENTIFICATION |
|
Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN |
|
AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the |
|
holder of a [concealed] handgun license issued under Subchapter H, |
|
Chapter 411, Government Code, access to goods, services, or |
|
facilities, except as provided by Section 521.460, Transportation |
|
Code, or in regard to the operation of a motor vehicle, because the |
|
holder has or presents a [concealed] handgun license rather than a |
|
driver's license or other acceptable form of personal |
|
identification. |
|
(b) This section does not affect[: |
|
[(1) the requirement under Section 411.205, |
|
Government Code, that a person subject to that section present a |
|
driver's license or identification certificate in addition to a |
|
concealed handgun license; or |
|
[(2)] the types of identification required under |
|
federal law to access airport premises or pass through airport |
|
security. |
|
SECTION 12. Section 95A.0001, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 95A.0001. EVIDENCE OF FAILURE TO FORBID HANDGUNS. The |
|
fact that a card, sign, or other document described by Section |
|
30.06(c)(2) [30.06(c)(3)] or 30.07(c)(2) [30.07(c)(3)], Penal |
|
Code, is not posted on the property of a business or any other |
|
evidence that a person failed to exercise the person's option to |
|
forbid the carrying of a handgun [by a license holder] on the |
|
property: |
|
(1) is not admissible as evidence in a trial on the |
|
merits in an action: |
|
(A) against a person, including a business or |
|
other entity, who owns, controls, or manages the property; and |
|
(B) in which the cause of action arises from an |
|
injury sustained on the property; and |
|
(2) does not support a cause of action described by |
|
Subdivision (1) against a person described by that subdivision. |
|
SECTION 13. Section 125.0015(a), Civil Practice and |
|
Remedies Code, is amended to read as follows: |
|
(a) A person who maintains a place to which persons |
|
habitually go for the following purposes and who knowingly |
|
tolerates the activity and furthermore fails to make reasonable |
|
attempts to abate the activity maintains a common nuisance: |
|
(1) discharge of a firearm in a public place as |
|
prohibited by the Penal Code; |
|
(2) reckless discharge of a firearm as prohibited by |
|
the Penal Code; |
|
(3) engaging in organized criminal activity as a |
|
member of a combination as prohibited by the Penal Code; |
|
(4) delivery, possession, manufacture, or use of a |
|
substance or other item in violation of Chapter 481, Health and |
|
Safety Code; |
|
(5) gambling, gambling promotion, or communicating |
|
gambling information as prohibited by the Penal Code; |
|
(6) prostitution, promotion of prostitution, or |
|
aggravated promotion of prostitution as prohibited by the Penal |
|
Code; |
|
(7) compelling prostitution as prohibited by the Penal |
|
Code; |
|
(8) commercial manufacture, commercial distribution, |
|
or commercial exhibition of obscene material as prohibited by the |
|
Penal Code; |
|
(9) aggravated assault as described by Section 22.02, |
|
Penal Code; |
|
(10) sexual assault as described by Section 22.011, |
|
Penal Code; |
|
(11) aggravated sexual assault as described by Section |
|
22.021, Penal Code; |
|
(12) robbery as described by Section 29.02, Penal |
|
Code; |
|
(13) aggravated robbery as described by Section 29.03, |
|
Penal Code; |
|
(14) unlawfully carrying a weapon as described by |
|
Section 46.02, Penal Code, or unlawfully carrying a firearm as |
|
described by Section 46.03 or 46.035, Penal Code; |
|
(15) murder as described by Section 19.02, Penal Code; |
|
(16) capital murder as described by Section 19.03, |
|
Penal Code; |
|
(17) continuous sexual abuse of young child or |
|
children as described by Section 21.02, Penal Code; |
|
(18) massage therapy or other massage services in |
|
violation of Chapter 455, Occupations Code; |
|
(19) employing a minor at a sexually oriented business |
|
as defined by Section 243.002, Local Government Code; |
|
(20) trafficking of persons as described by Section |
|
20A.02, Penal Code; |
|
(21) sexual conduct or performance by a child as |
|
described by Section 43.25, Penal Code; |
|
(22) employment harmful to a child as described by |
|
Section 43.251, Penal Code; |
|
(23) criminal trespass as described by Section 30.05, |
|
Penal Code; |
|
(24) disorderly conduct as described by Section 42.01, |
|
Penal Code; |
|
(25) arson as described by Section 28.02, Penal Code; |
|
(26) criminal mischief as described by Section 28.03, |
|
Penal Code, that causes a pecuniary loss of $500 or more; or |
|
(27) a graffiti offense in violation of Section 28.08, |
|
Penal Code. |
|
SECTION 14. Section 37.005(c), Education Code, is amended |
|
to read as follows: |
|
(c) A student who is enrolled in a grade level below grade |
|
three may not be placed in out-of-school suspension unless while on |
|
school property or while attending a school-sponsored or |
|
school-related activity on or off of school property, the student |
|
engages in: |
|
(1) conduct that contains the elements of an offense |
|
related to weapons under Section 46.02 or 46.05, Penal Code, or to |
|
firearms under Section 46.03 or 46.035, Penal Code; |
|
(2) conduct that contains the elements of a violent |
|
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; |
|
or |
|
(3) selling, giving, or delivering to another person |
|
or possessing, using, or being under the influence of any amount of: |
|
(A) marihuana or a controlled substance, as |
|
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
|
Section 801 et seq.; |
|
(B) a dangerous drug, as defined by Chapter 483, |
|
Health and Safety Code; or |
|
(C) an alcoholic beverage, as defined by Section |
|
1.04, Alcoholic Beverage Code. |
|
SECTION 15. Section 37.007(a), Education Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsection (k), a student shall be |
|
expelled from a school if the student, on school property or while |
|
attending a school-sponsored or school-related activity on or off |
|
of school property: |
|
(1) engages in conduct that contains the elements of |
|
[the offense of unlawfully carrying weapons under Section 46.02, |
|
Penal Code, or elements of] an offense relating to [prohibited] |
|
weapons under Section 46.02 or 46.05, Penal Code, or to firearms |
|
under Section 46.03 or 46.035, Penal Code; |
|
(2) engages in conduct that contains the elements of |
|
the offense of: |
|
(A) aggravated assault under Section 22.02, |
|
Penal Code, sexual assault under Section 22.011, Penal Code, or |
|
aggravated sexual assault under Section 22.021, Penal Code; |
|
(B) arson under Section 28.02, Penal Code; |
|
(C) murder under Section 19.02, Penal Code, |
|
capital murder under Section 19.03, Penal Code, or criminal |
|
attempt, under Section 15.01, Penal Code, to commit murder or |
|
capital murder; |
|
(D) indecency with a child under Section 21.11, |
|
Penal Code; |
|
(E) aggravated kidnapping under Section 20.04, |
|
Penal Code; |
|
(F) aggravated robbery under Section 29.03, |
|
Penal Code; |
|
(G) manslaughter under Section 19.04, Penal |
|
Code; |
|
(H) criminally negligent homicide under Section |
|
19.05, Penal Code; or |
|
(I) continuous sexual abuse of young child or |
|
children under Section 21.02, Penal Code; or |
|
(3) engages in conduct specified by Section |
|
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony. |
|
SECTION 16. The heading to Section 37.0815, Education Code, |
|
is amended to read as follows: |
|
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND |
|
AMMUNITION [BY LICENSE HOLDER] IN SCHOOL PARKING AREA. |
|
SECTION 17. Section 37.0815(a), Education Code, is amended |
|
to read as follows: |
|
(a) A school district or open-enrollment charter school may |
|
not prohibit a person, including a school employee, who is not |
|
otherwise prohibited by law from possessing a firearm [holds a |
|
license to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code,] from transporting or storing a handgun or other |
|
firearm or ammunition in a locked, privately owned or leased motor |
|
vehicle in a parking lot, parking garage, or other parking area |
|
provided by the district or charter school and may not regulate the |
|
manner in which the handgun, firearm, or ammunition is stored in the |
|
vehicle, provided that the handgun, firearm, or ammunition is not |
|
in plain view. |
|
SECTION 18. Section 51.220(g), Education Code, is amended |
|
to read as follows: |
|
(g) A public junior college employee's status as a school |
|
marshal becomes inactive on: |
|
(1) expiration of the employee's school marshal |
|
license under Section 1701.260, Occupations Code; |
|
(2) suspension or revocation of the employee's license |
|
to carry a [concealed] handgun issued under Subchapter H, Chapter |
|
411, Government Code; |
|
(3) termination of the employee's employment with the |
|
public junior college; or |
|
(4) notice from the governing board of the public |
|
junior college that the employee's services as school marshal are |
|
no longer required. |
|
SECTION 19. Chapter 51, Education Code, is amended by |
|
adding Subchapter Z-1, and a heading is added to that subchapter to |
|
read as follows: |
|
SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS |
|
SECTION 20. Sections 411.2031 and 411.2032, Government |
|
Code, are transferred to Subchapter Z-1, Chapter 51, Education |
|
Code, as added by this Act, redesignated as Sections 51.991, |
|
51.992, and 51.993, Education Code, and amended to read as follows: |
|
Sec. 51.991. DEFINITIONS [411.2031. CARRYING OF HANDGUNS |
|
BY LICENSE HOLDERS ON CERTAIN CAMPUSES]. [(a)] For purposes of |
|
this subchapter [section]: |
|
(1) "Campus" means all land and buildings owned or |
|
leased by an institution of higher education or private or |
|
independent institution of higher education. |
|
(2) "Institution of higher education" and "private or |
|
independent institution of higher education" have the meanings |
|
assigned by Section 61.003[, Education Code]. |
|
(3) "Premises" has the meaning assigned by Section |
|
46.035, Penal Code. |
|
Sec. 51.992. CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a) |
|
[(b)] A person who is not otherwise prohibited by law from |
|
possessing a firearm [license holder] may carry a [concealed] |
|
handgun in a concealed manner or in a holster [on or about the |
|
license holder's person] while the person [license holder] is on |
|
the campus of an institution of higher education or private or |
|
independent institution of higher education in this state. |
|
(b) [(c)] Except as provided by Subsection (c), (d), |
|
[(d-1),] or (h) [(e)], an institution of higher education or |
|
private or independent institution of higher education in this |
|
state may not adopt any rule, regulation, or other provision |
|
prohibiting a person who is not otherwise prohibited by law from |
|
possessing a firearm [license holders] from carrying a handgun |
|
[handguns] on the campus of the institution. |
|
(c) [(d)] An institution of higher education or private or |
|
independent institution of higher education in this state may |
|
establish rules, regulations, or other provisions concerning the |
|
storage of handguns in dormitories or other residential facilities |
|
that are owned or leased and operated by the institution and located |
|
on the campus of the institution. |
|
(d) [(d-1)] After consulting with students, staff, and |
|
faculty of the institution regarding the nature of the student |
|
population, specific safety considerations, and the uniqueness of |
|
the campus environment, the president or other chief executive |
|
officer of an institution of higher education in this state shall |
|
establish reasonable rules, regulations, or other provisions |
|
regarding the carrying of [concealed] handguns [by license holders] |
|
on the campus of the institution or on premises located on the |
|
campus of the institution. The president or officer may not |
|
establish provisions that generally prohibit or have the effect of |
|
generally prohibiting a person who is not otherwise prohibited by |
|
law from possessing a firearm [license holders] from carrying a |
|
handgun [concealed handguns] on the campus of the institution. The |
|
president or officer may amend the provisions as necessary for |
|
campus safety. The provisions take effect as determined by the |
|
president or officer unless subsequently amended by the board of |
|
regents or other governing board under Subsection (e) [(d-2)]. The |
|
institution must give effective notice under Section 30.06 or |
|
30.07, Penal Code, as applicable, with respect to any portion of a |
|
premises that is subject to provisions established by the |
|
institution under this subsection [on which license holders may not |
|
carry]. |
|
(e) [(d-2)] Not later than the 90th day after the date that |
|
the rules, regulations, or other provisions are established as |
|
described by Subsection (d) [(d-1)], the board of regents or other |
|
governing board of the institution of higher education shall review |
|
the provisions. The board of regents or other governing board may, |
|
by a vote of not less than two-thirds of the board, amend wholly or |
|
partly the provisions established under Subsection (d) [(d-1)]. If |
|
amended under this subsection, the provisions are considered to be |
|
those of the institution as established under Subsection (d) |
|
[(d-1)]. |
|
(f) [(d-3)] An institution of higher education shall widely |
|
distribute the rules, regulations, or other provisions described by |
|
Subsection (d) [(d-1)] to the institution's students, staff, and |
|
faculty, including by prominently publishing the provisions on the |
|
institution's Internet website. |
|
(g) [(d-4)] Not later than September 1 of each |
|
even-numbered year, each institution of higher education in this |
|
state shall submit a report to the legislature and to the standing |
|
committees of the legislature with jurisdiction over the |
|
implementation and continuation of this section that: |
|
(1) describes its rules, regulations, or other |
|
provisions regarding the carrying of [concealed] handguns on the |
|
campus of the institution; and |
|
(2) explains the reasons the institution has |
|
established those provisions. |
|
(h) [(e)] A private or independent institution of higher |
|
education in this state, after consulting with students, staff, and |
|
faculty of the institution, may establish rules, regulations, or |
|
other provisions prohibiting a person, including a person who is |
|
not otherwise prohibited by law from possessing a firearm, [license |
|
holders] from carrying a handgun [handguns] on the campus of the |
|
institution, any grounds or building on which an activity sponsored |
|
by the institution is being conducted, or a passenger |
|
transportation vehicle owned by the institution. |
|
Sec. 51.993 [411.2032]. TRANSPORTATION AND STORAGE OF |
|
FIREARMS AND AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON |
|
CERTAIN CAMPUSES. [(a) For purposes of this section: |
|
[(1) "Campus" means all land and buildings owned or |
|
leased by an institution of higher education or private or |
|
independent institution of higher education. |
|
[(2) "Institution of higher education" and "private or |
|
independent institution of higher education" have the meanings |
|
assigned by Section 61.003, Education Code. |
|
[(b)] An institution of higher education or private or |
|
independent institution of higher education in this state may not |
|
adopt or enforce any rule, regulation, or other provision or take |
|
any other action, including posting notice under Section 30.06 or |
|
30.07, Penal Code, prohibiting or placing restrictions on the |
|
storage or transportation of a firearm or ammunition in a locked, |
|
privately owned or leased motor vehicle by a person, including a |
|
student enrolled at that institution, who is not otherwise |
|
prohibited by law from possessing [holds a license to carry a |
|
handgun under this subchapter and lawfully possesses] the firearm |
|
or ammunition: |
|
(1) on a street or driveway located on the campus of |
|
the institution; or |
|
(2) in a parking lot, parking garage, or other parking |
|
area located on the campus of the institution. |
|
SECTION 21. Subchapter Z-1, Chapter 51, Education Code, as |
|
added by this Act, is amended by adding Section 51.994 to read as |
|
follows: |
|
Sec. 51.994. LIMITATION OF LIABILITY. (a) A cause of |
|
action in damages may not be brought against an institution of |
|
higher education, an officer or employee of an institution of |
|
higher education, a private or independent institution of higher |
|
education that has not adopted rules under Section 51.992(h), or an |
|
officer or employee of a private or independent institution of |
|
higher education that has not adopted rules under Section 51.992(h) |
|
for damages caused by the actions of a person who carries a handgun |
|
on the campus of the institution, any grounds or building on which |
|
an activity sponsored by the institution is being conducted, or a |
|
passenger transportation vehicle owned by the institution, and a |
|
court may not hold such an institution, officer, or employee liable |
|
for those damages. |
|
(b) The immunities granted under Subsection (a) do not apply |
|
to: |
|
(1) an act or a failure to act by an institution of |
|
higher education, an officer or employee of an institution of |
|
higher education, a private or independent institution of higher |
|
education that has not adopted rules under Section 51.992(h), or an |
|
officer or employee of a private or independent institution of |
|
higher education that has not adopted rules under Section 51.992(h) |
|
if the act or failure to act was capricious or arbitrary; or |
|
(2) any officer or employee of an institution of |
|
higher education or private or independent institution of higher |
|
education described by Subdivision (1) who possesses a handgun on |
|
the campus of that institution and whose conduct with regard to the |
|
handgun is made the basis of a claim for personal injury or property |
|
damage. |
|
SECTION 22. Section 231.302(c-1), Family Code, is amended |
|
to read as follows: |
|
(c-1) For purposes of issuing a license to carry a |
|
[concealed] handgun under Subchapter H, Chapter 411, Government |
|
Code, the Department of Public Safety is not required to request, |
|
and an applicant is not required to provide, the applicant's social |
|
security number. |
|
SECTION 23. The heading to Subchapter H, Chapter 411, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS |
|
RELATING TO CARRYING OF FIREARMS |
|
SECTION 24. Section 411.179(c), Government Code, is amended |
|
to read as follows: |
|
(c) In adopting the form of the license under Subsection |
|
(a), the department shall establish a procedure for the license of a |
|
qualified handgun instructor or of the attorney general or a judge, |
|
justice, United States attorney, assistant United States attorney, |
|
assistant attorney general, prosecuting attorney, or assistant |
|
prosecuting attorney, as described by Section 46.15(a)(4), (6), |
|
[or] (7), or (11), Penal Code, to indicate on the license the |
|
license holder's status as a qualified handgun instructor or as the |
|
attorney general or a judge, justice, United States attorney, |
|
assistant United States attorney, assistant attorney general, |
|
prosecuting [district] attorney, or assistant prosecuting |
|
[criminal district] attorney[, or county attorney]. In |
|
establishing the procedure, the department shall require |
|
sufficient documentary evidence to establish the license holder's |
|
status under this subsection. |
|
SECTION 25. Section 411.190(c), Government Code, is amended |
|
to read as follows: |
|
(c) In the manner applicable to a person who applies for a |
|
license to carry a handgun, the department shall conduct a |
|
background check of a person who applies for certification as a |
|
qualified handgun instructor or approved online course provider. |
|
If the background check indicates that the applicant for |
|
certification would not qualify to receive a handgun license, the |
|
department may not certify the applicant as a qualified handgun |
|
instructor or approved online course provider. If the background |
|
check indicates that the applicant for certification would qualify |
|
to receive a handgun license, the department shall provide handgun |
|
instructor or online course provider training to the applicant. |
|
The applicant shall pay a fee of $100 to the department for the |
|
training. The applicant must take and successfully complete the |
|
training offered by the department and pay the training fee before |
|
the department may certify the applicant as a qualified handgun |
|
instructor or approved online course provider. The department |
|
shall issue a license to carry a handgun under [the authority of] |
|
this subchapter to any person who is certified as a qualified |
|
handgun instructor or approved online course provider and who pays |
|
to the department a fee of $40 in addition to the training fee. The |
|
department by rule may prorate or waive the training fee for an |
|
employee of another governmental entity. |
|
SECTION 26. Section 411.200, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS. |
|
This subchapter does not exempt a license holder who is also |
|
employed as a security officer and licensed under Chapter 1702, |
|
Occupations Code, from the duty to comply with Chapter 1702, |
|
Occupations Code, or from the duty to refrain from committing a |
|
firearms offense under Chapter 46 [Section 46.02], Penal Code. |
|
SECTION 27. Sections 411.201(c), (e), and (h), Government |
|
Code, are amended to read as follows: |
|
(c) An active judicial officer is eligible for a license to |
|
carry a handgun under [the authority of] this subchapter. A retired |
|
judicial officer is eligible for a license to carry a handgun under |
|
[the authority of] this subchapter if the officer: |
|
(1) has not been convicted of a felony; |
|
(2) has not, in the five years preceding the date of |
|
application, been convicted of a Class A or Class B misdemeanor or |
|
equivalent offense; |
|
(3) is not charged with the commission of a Class A or |
|
Class B misdemeanor or equivalent offense or of a felony under an |
|
information or indictment; |
|
(4) is not a chemically dependent person; and |
|
(5) is not a person of unsound mind. |
|
(e) On receipt of all the application materials required by |
|
this section, the department shall: |
|
(1) if the applicant is an active judicial officer, |
|
issue a license to carry a handgun under [the authority of] this |
|
subchapter; or |
|
(2) if the applicant is a retired judicial officer, |
|
conduct an appropriate background investigation to determine the |
|
applicant's eligibility for the license and, if the applicant is |
|
eligible, issue a license to carry a handgun under [the authority |
|
of] this subchapter. |
|
(h) The department shall issue a license to carry a handgun |
|
under [the authority of] this subchapter to a United States |
|
attorney or an assistant United States attorney, or to an attorney |
|
elected or employed to represent the state in the prosecution of |
|
felony cases, who meets the requirements of this section for an |
|
active judicial officer. The department shall waive any fee |
|
required for the issuance of an original, duplicate, or renewed |
|
license under this subchapter for an applicant who is a United |
|
States attorney or an assistant United States attorney or who is an |
|
attorney elected or employed to represent the state in the |
|
prosecution of felony cases. |
|
SECTION 28. Section 411.203, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter |
|
does not prevent or otherwise limit the right of a public or private |
|
employer to prohibit persons who are licensed under this subchapter |
|
or not otherwise prohibited by state or federal law from possessing |
|
a firearm from carrying a handgun or other firearm on the premises |
|
of the business. |
|
(b) In this section, "premises" has the meaning assigned by |
|
Section 46.035(f) [46.035(f)(3)], Penal Code. |
|
SECTION 29. Section 411.204(c), Government Code, is amended |
|
to read as follows: |
|
(c) The sign required under Subsections (a) and (b) must |
|
give notice in both English and Spanish that it is unlawful for a |
|
person, regardless of whether the person is licensed under this |
|
subchapter, to carry a handgun on the premises. The sign must |
|
appear in contrasting colors with block letters at least one inch in |
|
height and must include on its face the number "51" printed in solid |
|
red at least five inches in height. The sign shall be displayed in a |
|
conspicuous manner clearly visible to the public. |
|
SECTION 30. The heading to Section 411.206, Government |
|
Code, is amended to read as follows: |
|
Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE. |
|
SECTION 31. Sections 411.206(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) If a peace officer arrests and takes into custody a |
|
person [license holder] who is carrying a handgun [under the |
|
authority of this subchapter], the officer shall seize the person's |
|
[license holder's] handgun. The peace officer also shall seize the |
|
person's handgun [and] license as evidence if the person holds a |
|
handgun license under this subchapter and is carrying the license |
|
at the time of the arrest. |
|
(c) Any judgment of conviction entered by any court for an |
|
offense under Section 46.035, Penal Code, must contain the handgun |
|
license number of the convicted person, if the person is a handgun |
|
license holder. A certified copy of the judgment is conclusive and |
|
sufficient evidence to justify revocation of a license under |
|
Section 411.186(a)(4). |
|
SECTION 32. Section 411.207, Government Code, is amended by |
|
amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
|
to read as follows: |
|
(a) A peace officer who is acting in the lawful discharge of |
|
the officer's official duties may disarm a person, including a |
|
license holder, who is carrying a handgun at any time the officer |
|
reasonably believes it is necessary for the protection of the |
|
person [license holder], officer, or another individual. The peace |
|
officer shall return the handgun to the person [license holder] |
|
before discharging the person [license holder] from the scene if |
|
the officer determines that the person: |
|
(1) [license holder] is not a threat to the officer, |
|
person [license holder], or another individual; |
|
(2) [and if the license holder] has not violated any |
|
provision of this subchapter or committed any other violation that |
|
results in the arrest of the person; and |
|
(3) is not prohibited from possessing a firearm |
|
[license holder]. |
|
(a-1) A peace officer may not disarm or detain a person |
|
under Subsection (a) solely because the person is carrying a |
|
concealed or holstered handgun. |
|
(b) A peace officer who is acting in the lawful discharge of |
|
the officer's official duties may [temporarily] disarm a person |
|
only temporarily, regardless of whether the person is a license |
|
holder, when the person [a license holder] enters a nonpublic, |
|
secure portion of a law enforcement facility. The[, if the] law |
|
enforcement agency shall provide [provides] a gun locker where the |
|
peace officer can secure the person's [license holder's] handgun. |
|
The peace officer shall secure the handgun in the locker and shall |
|
return the handgun to the person [license holder] immediately after |
|
the person [license holder] leaves the nonpublic, secure portion of |
|
the law enforcement facility. |
|
(c) A law enforcement facility shall prominently display at |
|
each entrance to a nonpublic, secure portion of the facility a sign |
|
that gives notice in both English and Spanish that, under this |
|
section, a peace officer may temporarily disarm a person, |
|
regardless of whether the person is a license holder, when the |
|
person [license holder] enters the nonpublic, secure portion of the |
|
facility. The sign must appear in contrasting colors with block |
|
letters at least one inch in height. The sign shall be displayed in |
|
a clearly visible and conspicuous manner. |
|
SECTION 33. Sections 411.208(a), (b), and (d), Government |
|
Code, are amended to read as follows: |
|
(a) A court may not hold the state, an agency or subdivision |
|
of the state, an officer or employee of the state, [an institution |
|
of higher education, an officer or employee of an institution of |
|
higher education, a private or independent institution of higher |
|
education that has not adopted rules under Section 411.2031(e), an |
|
officer or employee of a private or independent institution of |
|
higher education that has not adopted rules under Section |
|
411.2031(e),] a peace officer, a qualified handgun instructor, or |
|
an approved online course provider liable for damages caused by: |
|
(1) an action authorized under this subchapter or a |
|
failure to perform a duty imposed by this subchapter; or |
|
(2) the actions of an applicant or license holder that |
|
occur after the applicant has received a license or been denied a |
|
license under this subchapter. |
|
(b) A cause of action in damages may not be brought against |
|
the state, an agency or subdivision of the state, an officer or |
|
employee of the state, [an institution of higher education, an |
|
officer or employee of an institution of higher education, a |
|
private or independent institution of higher education that has not |
|
adopted rules under Section 411.2031(e), an officer or employee of |
|
a private or independent institution of higher education that has |
|
not adopted rules under Section 411.2031(e),] a peace officer, a |
|
qualified handgun instructor, or an approved online course provider |
|
for any damage caused by the actions of an applicant or license |
|
holder under this subchapter. |
|
(d) The immunities granted under Subsections (a), (b), and |
|
(c) do not apply to[: |
|
[(1)] an act or a failure to act by the state, an |
|
agency or subdivision of the state, an officer of the state, [an |
|
institution of higher education, an officer or employee of an |
|
institution of higher education, a private or independent |
|
institution of higher education that has not adopted rules under |
|
Section 411.2031(e), an officer or employee of a private or |
|
independent institution of higher education that has not adopted |
|
rules under Section 411.2031(e),] or a peace officer if the act or |
|
failure to act was capricious or arbitrary[; or |
|
[(2) any officer or employee of an institution of |
|
higher education or private or independent institution of higher |
|
education described by Subdivision (1) who possesses a handgun on |
|
the campus of that institution and whose conduct with regard to the |
|
handgun is made the basis of a claim for personal injury or property |
|
damage]. |
|
SECTION 34. The heading to Section 411.209, Government |
|
Code, is amended to read as follows: |
|
Sec. 411.209. WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN |
|
[LICENSE HOLDER]. |
|
SECTION 35. Section 411.209(a), Government Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsection (i), a state agency or |
|
a political subdivision of the state may not take any action, |
|
including an action consisting of the provision of notice by a |
|
communication described by Section 30.06 or 30.07, Penal Code, that |
|
states or implies that a person [license holder] who is carrying a |
|
handgun [under the authority of this subchapter] is prohibited from |
|
entering or remaining on a premises or other place owned or leased |
|
by the governmental entity unless a person is [license holders are] |
|
prohibited from carrying a handgun on the premises or other place by |
|
Section 46.03 or 46.035, Penal Code, or other law. |
|
SECTION 36. Section 12.092(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) The medical advisory board shall assist the Department |
|
of Public Safety of the State of Texas in determining whether: |
|
(1) an applicant for a driver's license or a license |
|
holder is capable of safely operating a motor vehicle; or |
|
(2) an applicant for or holder of a license to carry a |
|
handgun under [the authority of] Subchapter H, Chapter 411, |
|
Government Code, or an applicant for or holder of a commission as a |
|
security officer under Chapter 1702, Occupations Code, is capable |
|
of exercising sound judgment with respect to the proper use and |
|
storage of a handgun. |
|
SECTION 37. The heading to Section 552.002, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 552.002. CARRYING OF HANDGUN [BY LICENSE HOLDER] IN |
|
STATE HOSPITAL. |
|
SECTION 38. Sections 552.002(a), (b), and (c), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) In this section: |
|
(1) ["License holder" has the meaning assigned by |
|
Section 46.035(f), Penal Code. |
|
[(2)] "State hospital" means the following |
|
facilities: |
|
(A) the Austin State Hospital; |
|
(B) the Big Spring State Hospital; |
|
(C) the El Paso Psychiatric Center; |
|
(D) the Kerrville State Hospital; |
|
(E) the North Texas State Hospital; |
|
(F) the Rio Grande State Center; |
|
(G) the Rusk State Hospital; |
|
(H) the San Antonio State Hospital; |
|
(I) the Terrell State Hospital; and |
|
(J) the Waco Center for Youth. |
|
(2) [(3)] "Written notice" means a sign that is posted |
|
on property and that: |
|
(A) includes in both English and Spanish written |
|
language identical to the following: "Pursuant to Section 552.002, |
|
Health and Safety Code (carrying of handgun [by license holder] in |
|
state hospital), a person [licensed under Subchapter H, Chapter |
|
411, Government Code (handgun licensing law),] may not enter this |
|
property with a handgun"; |
|
(B) appears in contrasting colors with block |
|
letters at least one inch in height; and |
|
(C) is displayed in a conspicuous manner clearly |
|
visible to the public at each entrance to the property. |
|
(b) A state hospital may prohibit a person [license holder] |
|
from carrying a handgun [under the authority of Subchapter H, |
|
Chapter 411, Government Code,] on the property of the hospital by |
|
providing written notice. |
|
(c) A person [license holder] who carries a handgun [under |
|
the authority of Subchapter H, Chapter 411, Government Code,] on |
|
the property of a state hospital at which written notice is provided |
|
is liable for a civil penalty in the amount of: |
|
(1) $100 for the first violation; or |
|
(2) $500 for the second or subsequent violation. |
|
SECTION 39. Section 42.042(e-2), Human Resources Code, is |
|
amended to read as follows: |
|
(e-2) The department may not prohibit the foster parent of a |
|
child who resides in the foster family's home from transporting the |
|
child in a vehicle where a handgun is present if the handgun is in |
|
the possession and control of the foster parent and the foster |
|
parent is not otherwise prohibited by state or federal law from |
|
possessing a firearm [licensed to carry the handgun under |
|
Subchapter H, Chapter 411, Government Code]. |
|
SECTION 40. Section 52.061, Labor Code, is amended to read |
|
as follows: |
|
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO |
|
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer |
|
may not prohibit an employee who is not otherwise prohibited by |
|
state or federal law from possessing [holds a license to carry a |
|
handgun under Subchapter H, Chapter 411, Government Code, who |
|
otherwise lawfully possesses] a firearm[,] or [who lawfully |
|
possesses] ammunition from transporting or storing a firearm or |
|
ammunition [the employee is authorized by law to possess] in a |
|
locked, privately owned motor vehicle in a parking lot, parking |
|
garage, or other parking area the employer provides for employees. |
|
SECTION 41. Section 52.062(a), Labor Code, is amended to |
|
read as follows: |
|
(a) Section 52.061 does not: |
|
(1) authorize a person who is not otherwise prohibited |
|
by state or federal law from possessing [holds a license to carry a |
|
handgun under Subchapter H, Chapter 411, Government Code, who |
|
otherwise lawfully possesses] a firearm[,] or [who lawfully |
|
possesses] ammunition to possess a firearm or ammunition on any |
|
property where the possession of a firearm or ammunition is |
|
prohibited by state or federal law; or |
|
(2) apply to: |
|
(A) a vehicle owned or leased by a public or |
|
private employer and used by an employee in the course and scope of |
|
the employee's employment, unless the employee is required to |
|
transport or store a firearm in the official discharge of the |
|
employee's duties; |
|
(B) a school district; |
|
(C) an open-enrollment charter school, as |
|
defined by Section 5.001, Education Code; |
|
(D) a private school, as defined by Section |
|
22.081, Education Code; |
|
(E) property owned or controlled by a person, |
|
other than the employer, that is subject to a valid, unexpired oil, |
|
gas, or other mineral lease that contains a provision prohibiting |
|
the possession of firearms on the property; or |
|
(F) property owned or leased by a chemical |
|
manufacturer or oil and gas refiner with an air authorization under |
|
Chapter 382, Health and Safety Code, and on which the primary |
|
business conducted is the manufacture, use, storage, or |
|
transportation of hazardous, combustible, or explosive materials, |
|
except in regard to an employee who is not otherwise prohibited by |
|
state or federal law from possessing a firearm or ammunition [holds |
|
a license to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code,] and [who] stores the [a] firearm or ammunition |
|
[the employee is authorized by law to possess] in a locked, |
|
privately owned motor vehicle in a parking lot, parking garage, or |
|
other parking area the employer provides for employees that is |
|
outside of a secured and restricted area: |
|
(i) that contains the physical plant; |
|
(ii) that is not open to the public; and |
|
(iii) the ingress into which is constantly |
|
monitored by security personnel. |
|
SECTION 42. Section 191.010(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) In this section, "photo identification" means one of the |
|
following forms of photo identification: |
|
(1) a driver's license, election identification |
|
certificate, or personal identification card issued to the person |
|
by any state or territory of the United States that has not expired |
|
or that expired no earlier than 60 days before the date of |
|
presentation; |
|
(2) a United States military identification card that |
|
contains the person's photograph that has not expired or that |
|
expired no earlier than 60 days before the date of presentation; |
|
(3) a United States citizenship certificate issued to |
|
the person that contains the person's photograph; |
|
(4) a United States Permanent Resident Card that has |
|
not expired or that expired no earlier than 60 days before the date |
|
of presentation; |
|
(5) an identification card issued by a municipality |
|
intended to serve as a general identification card for the holder |
|
that has not expired or that expired no earlier than 60 days before |
|
the date of presentation; |
|
(6) a federally recognized tribal enrollment card or |
|
other form of tribal identification that has not expired or that |
|
expired no earlier than 60 days before the date of presentation; |
|
(7) a United States passport or a passport issued by a |
|
foreign government recognized by the United States issued to the |
|
person that has not expired or that expired no earlier than 60 days |
|
before the date of presentation; or |
|
(8) a license to carry a [concealed] handgun issued to |
|
the person by the Department of Public Safety that has not expired |
|
or that expired no earlier than 60 days before the date of |
|
presentation. |
|
SECTION 43. Section 229.001(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) Subsection (a) does not affect the authority a |
|
municipality has under another law to: |
|
(1) require residents or public employees to be armed |
|
for personal or national defense, law enforcement, or another |
|
lawful purpose; |
|
(2) regulate the discharge of firearms or air guns |
|
within the limits of the municipality, other than at a sport |
|
shooting range; |
|
(3) except as provided by Subsection (b-1), adopt or |
|
enforce a generally applicable zoning ordinance, land use |
|
regulation, fire code, or business ordinance; |
|
(4) regulate the use of firearms, air guns, or knives |
|
in the case of an insurrection, riot, or natural disaster if the |
|
municipality finds the regulations necessary to protect public |
|
health and safety; |
|
(5) regulate the storage or transportation of |
|
explosives to protect public health and safety, except that 25 |
|
pounds or less of black powder for each private residence and 50 |
|
pounds or less of black powder for each retail dealer are not |
|
subject to regulation; |
|
(6) regulate the carrying of an air gun or [a] firearm, |
|
[or air gun by a person] other than a [person licensed to carry a] |
|
handgun carried by a person not otherwise prohibited by state or |
|
federal law from possessing a firearm [under Subchapter H, Chapter |
|
411, Government Code], at a: |
|
(A) [public park; |
|
[(B)] public meeting of a municipality, county, |
|
or other governmental body; |
|
[(C) political rally, parade, or official |
|
political meeting;] or |
|
(B) [(D)] nonfirearms-related school, college, |
|
or professional athletic event; |
|
(7) [regulate the carrying of a firearm by a person |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code,] in accordance with Section 411.209, Government |
|
Code, regulate the carrying of a firearm by any person; |
|
(8) regulate the hours of operation of a sport |
|
shooting range, except that the hours of operation may not be more |
|
limited than the least limited hours of operation of any other |
|
business in the municipality other than a business permitted or |
|
licensed to sell or serve alcoholic beverages for on-premises |
|
consumption; |
|
(9) regulate the carrying of an air gun by a minor on: |
|
(A) public property; or |
|
(B) private property without consent of the |
|
property owner; or |
|
(10) except as provided by Subsection (d-1), regulate |
|
or prohibit an employee's carrying or possession of a firearm, |
|
firearm accessory, or ammunition in the course of the employee's |
|
official duties. |
|
SECTION 44. Section 236.002(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) Subsection (a) does not affect the authority of a county |
|
to: |
|
(1) require a resident or public employee to be armed |
|
for personal or national defense, law enforcement, or other purpose |
|
under other law; |
|
(2) regulate the discharge of firearms or air guns in |
|
accordance with Section 235.022; |
|
(3) [regulate the carrying of a firearm by a person |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code,] in accordance with Section 411.209, Government |
|
Code, regulate the carrying of a firearm by any person; |
|
(4) except as provided by Subsection (d), adopt or |
|
enforce a generally applicable land use regulation, fire code, or |
|
business regulation; or |
|
(5) except as provided by Subsection (e), regulate or |
|
prohibit an employee's carrying or possession of a firearm, firearm |
|
accessory, or ammunition in the course of the employee's official |
|
duties. |
|
SECTION 45. Section 1702.002(21), Occupations Code, is |
|
amended to read as follows: |
|
(21) "Security officer commission" means an |
|
authorization issued by the department that entitles a security |
|
officer to carry a firearm as described by this chapter. |
|
SECTION 46. Section 1702.169, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned |
|
security officer other than a person acting as a personal |
|
protection officer may not carry a firearm while [unless: |
|
[(1) the security officer is: |
|
[(A)] engaged in the performance of duties as a |
|
security officer unless: |
|
(1) [; or |
|
[(B) traveling to or from the place of |
|
assignment; |
|
[(2)] the security officer wears a distinctive uniform |
|
indicating that the individual is a security officer; and |
|
(2) [(3)] the firearm is in plain view. |
|
SECTION 47. Section 1702.206(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) An individual acting as and performing the duties of a |
|
personal protection officer may not carry a firearm unless the |
|
officer: |
|
(1) is [either: |
|
[(A)] engaged in the exclusive performance of the |
|
officer's duties as a personal protection officer for the employer |
|
under whom the officer's personal protection officer license is |
|
issued; [or |
|
[(B) traveling to or from the officer's place of |
|
assignment;] and |
|
(2) carries the officer's security officer commission |
|
and personal protection officer license on the officer's person |
|
while performing the officer's duties [or traveling] as described |
|
by Subdivision (1) and presents the commission and license on |
|
request. |
|
SECTION 48. Sections 62.082(d) and (e), Parks and Wildlife |
|
Code, are amended to read as follows: |
|
(d) Section 62.081 does not apply to: |
|
(1) an employee of the Lower Colorado River Authority; |
|
(2) a person authorized to hunt under Subsection (c); |
|
(3) a peace officer as defined by Article 2.12, Code of |
|
Criminal Procedure; or |
|
(4) a person who: |
|
(A) is carrying [possesses] a handgun [and a |
|
license issued under Subchapter H, Chapter 411, Government Code, to |
|
carry a handgun]; or |
|
(B) under circumstances in which the person would |
|
be justified in the use of deadly force under Chapter 9, Penal Code, |
|
shoots a handgun [the person is licensed to carry under Subchapter |
|
H, Chapter 411, Government Code]. |
|
(e) A state agency, including the department, the |
|
Department of Public Safety, and the Lower Colorado River |
|
Authority, may not adopt a rule that prohibits a person who is not |
|
otherwise prohibited by state or federal law from possessing a |
|
firearm [possesses a license issued under Subchapter H, Chapter |
|
411, Government Code,] from entering or crossing the land of the |
|
Lower Colorado River Authority while: |
|
(1) carrying [possessing] a handgun; or |
|
(2) under circumstances in which the person would be |
|
justified in the use of deadly force under Chapter 9, Penal Code, |
|
shooting a handgun. |
|
SECTION 49. Section 284.001(e), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(e) This section does not limit a person's [the] ability [of |
|
a license holder] to carry a handgun [under the authority of |
|
Subchapter H, Chapter 411, Government Code]. |
|
SECTION 50. Section 287.001(e), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(e) This section does not limit a person's [the] ability [of |
|
a license holder] to carry a [concealed] handgun [under the |
|
authority of Subchapter H, Chapter 411, Government Code]. |
|
SECTION 51. Section 9.31(b), Penal Code, is amended to read |
|
as follows: |
|
(b) The use of force against another is not justified: |
|
(1) in response to verbal provocation alone; |
|
(2) to resist an arrest or search that the actor knows |
|
is being made by a peace officer, or by a person acting in a peace |
|
officer's presence and at his direction, even though the arrest or |
|
search is unlawful, unless the resistance is justified under |
|
Subsection (c); |
|
(3) if the actor consented to the exact force used or |
|
attempted by the other; |
|
(4) if the actor provoked the other's use or attempted |
|
use of unlawful force, unless: |
|
(A) the actor abandons the encounter, or clearly |
|
communicates to the other his intent to do so reasonably believing |
|
he cannot safely abandon the encounter; and |
|
(B) the other nevertheless continues or attempts |
|
to use unlawful force against the actor; or |
|
(5) if the actor sought an explanation from or |
|
discussion with the other person concerning the actor's differences |
|
with the other person while the actor was: |
|
(A) carrying a weapon in violation of Section |
|
46.02 or a firearm in violation of Section 46.03 or 46.035; or |
|
(B) possessing or transporting a weapon in |
|
violation of Section 46.05. |
|
SECTION 52. Section 30.05(f), Penal Code, is amended to |
|
read as follows: |
|
(f) It is a defense to prosecution under this section that: |
|
(1) the basis on which entry on the property or land or |
|
in the building was forbidden is that entry with a firearm [handgun] |
|
was forbidden; and |
|
(2) the person was carrying[: |
|
[(A) a license issued under Subchapter H, Chapter |
|
411, Government Code, to carry a handgun; and |
|
[(B)] a handgun: |
|
(A) [(i)] in a concealed manner; or |
|
(B) [(ii)] in a [shoulder or belt] holster. |
|
SECTION 53. The heading to Section 30.06, Penal Code, is |
|
amended to read as follows: |
|
Sec. 30.06. TRESPASS BY PERSON [LICENSE HOLDER] WITH [A] |
|
CONCEALED HANDGUN. |
|
SECTION 54. Sections 30.06(a), (c), (d), (e), (e-1), (e-2), |
|
(e-3), (f), and (g), Penal Code, are amended to read as follows: |
|
(a) A person [license holder] commits an offense if the |
|
person [license holder]: |
|
(1) carries a concealed handgun [under the authority |
|
of Subchapter H, Chapter 411, Government Code,] on property of |
|
another without effective consent; and |
|
(2) received notice that entry on the property by a |
|
person [license holder] with a concealed handgun was forbidden. |
|
(c) In this section: |
|
(1) "Entry" has the meaning assigned by Section |
|
30.05(b). |
|
(2) ["License holder" has the meaning assigned by |
|
Section 46.035(f). |
|
[(3)] "Written communication" means: |
|
(A) a card or other document on which is written |
|
language identical to the following: "Pursuant to Section 30.06, |
|
Penal Code (trespass by person [license holder] with [a] concealed |
|
handgun), a person [licensed under Subchapter H, Chapter 411, |
|
Government Code (handgun licensing law),] may not enter this |
|
property with a concealed handgun"; or |
|
(B) a sign posted on the property that: |
|
(i) includes the language described by |
|
Paragraph (A) in both English and Spanish; |
|
(ii) appears in contrasting colors with |
|
block letters at least one inch in height; and |
|
(iii) is displayed in a conspicuous manner |
|
clearly visible to the public at each entrance to the property. |
|
(d) An offense under this section is a Class C misdemeanor |
|
punishable by a fine not to exceed $200, except that the offense is |
|
a Class A misdemeanor if it is shown on the trial of the offense |
|
that, after entering the property, the person [license holder] was |
|
personally given the notice by oral communication described by |
|
Subsection (b) and subsequently failed to depart. |
|
(e) It is an exception to the application of this section |
|
that the property on which the person [license holder] carries a |
|
handgun is owned or leased by a governmental entity and is not a |
|
premises or other place on which the person [license holder] is |
|
prohibited from carrying the handgun under Section 46.03 or 46.035 |
|
or other law. |
|
(e-1) It is a defense to prosecution under this section |
|
that: |
|
(1) the person [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 person [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 person's [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 person's |
|
[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 person [license holder] is a tenant of a leased |
|
premises governed by Chapter 92, Property Code, or the tenant's |
|
guest; and |
|
(2) the person [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 person's [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 person's |
|
[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 person [license holder] is a tenant of a |
|
manufactured home lot governed by Chapter 94, Property Code, or the |
|
tenant's guest; and |
|
(2) the person [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 person's [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 person's |
|
[license holder's] vehicle located in a parking area provided for |
|
tenants or tenants' guests by the landlord of the leased premises. |
|
(f) It is a defense to prosecution under this section that |
|
the person [license holder] is volunteer emergency services |
|
personnel, as defined by Section 46.01. |
|
(g) It is a defense to prosecution under this section that |
|
the person [license holder] was personally given notice by oral |
|
communication described by Subsection (b) and promptly departed |
|
from the property. |
|
SECTION 55. The heading to Section 30.07, Penal Code, is |
|
amended to read as follows: |
|
Sec. 30.07. TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN] |
|
OPENLY CARRIED HANDGUN. |
|
SECTION 56. Sections 30.07(a), (c), (d), (e), (e-1), (e-2), |
|
(e-3), (f), (g), and (h), Penal Code, are amended to read as |
|
follows: |
|
(a) A person [license holder] commits an offense if the |
|
person [license holder]: |
|
(1) openly carries a handgun [under the authority of |
|
Subchapter H, Chapter 411, Government Code,] on property of another |
|
without effective consent; and |
|
(2) received notice that entry on the property by a |
|
person [license holder] openly carrying a handgun was forbidden. |
|
(c) In this section: |
|
(1) "Entry" has the meaning assigned by Section |
|
30.05(b). |
|
(2) ["License holder" has the meaning assigned by |
|
Section 46.035(f). |
|
[(3)] "Written communication" means: |
|
(A) a card or other document on which is written |
|
language identical to the following: "Pursuant to Section 30.07, |
|
Penal Code (trespass by person [license holder] with [an] openly |
|
carried handgun), a person [licensed under Subchapter H, Chapter |
|
411, Government Code (handgun licensing law),] may not enter this |
|
property with a handgun that is carried openly"; or |
|
(B) a sign posted on the property that: |
|
(i) includes the language described by |
|
Paragraph (A) in both English and Spanish; |
|
(ii) appears in contrasting colors with |
|
block letters at least one inch in height; and |
|
(iii) is displayed in a conspicuous manner |
|
clearly visible to the public at each entrance to the property. |
|
(d) An offense under this section is a Class C misdemeanor |
|
punishable by a fine not to exceed $200, except that the offense is |
|
a Class A misdemeanor if it is shown on the trial of the offense |
|
that, after entering the property, the person [license holder] was |
|
personally given the notice by oral communication described by |
|
Subsection (b) and subsequently failed to depart. |
|
(e) It is an exception to the application of this section |
|
that the property on which the person [license holder] openly |
|
carries a [the] handgun is owned or leased by a governmental entity |
|
and is not a premises or other place on which the person [license |
|
holder] is prohibited from carrying the handgun under Section 46.03 |
|
or 46.035 or other law. |
|
(e-1) It is a defense to prosecution under this section |
|
that: |
|
(1) the person [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 person [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 person's [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 person's |
|
[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 person [license holder] is a tenant of a leased |
|
premises governed by Chapter 92, Property Code, or the tenant's |
|
guest; and |
|
(2) the person [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 person's [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 person's |
|
[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 person [license holder] is a tenant of a |
|
manufactured home lot governed by Chapter 94, Property Code, or the |
|
tenant's guest; and |
|
(2) the person [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 person's [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 person's |
|
[license holder's] vehicle located in a parking area provided for |
|
tenants or tenants' guests by the landlord of the leased premises. |
|
(f) It is not a defense to prosecution under this section |
|
that the handgun was carried in a [shoulder or belt] holster. |
|
(g) It is a defense to prosecution under this section that |
|
the person [license holder] is volunteer emergency services |
|
personnel, as defined by Section 46.01. |
|
(h) It is a defense to prosecution under this section that |
|
the person [license holder] was personally given notice by oral |
|
communication described by Subsection (b) and promptly departed |
|
from the property. |
|
SECTION 57. The following provisions are repealed: |
|
(1) Sections 11.041 and 61.11, Alcoholic Beverage |
|
Code; |
|
(2) Sections 11.61(e) and 61.71(f), Alcoholic |
|
Beverage Code; |
|
(3) Sections 411.204(d) and 411.208(f), Government |
|
Code; |
|
(4) Section 411.205, Government Code; |
|
(5) Sections 46.02(a), (c), and (d), Penal Code; |
|
(6) Section 46.035(f)(2), Penal Code; |
|
(7) Section 46.035(a-1), Penal Code, as added by |
|
Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular |
|
Session, 2015; |
|
(8) Section 46.035(a-1), Penal Code, as added by |
|
Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular |
|
Session, 2015; |
|
(9) Section 46.035(h-1), Penal Code, as added by |
|
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
|
Session, 2007; |
|
(10) Section 46.035(h-1), Penal Code, as added by |
|
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular |
|
Session, 2007; and |
|
(11) Sections 46.15(b), (d), (j), and (k), Penal Code. |
|
SECTION 58. The change in law made by this Act relating to |
|
the carrying of a handgun applies to the carrying of a handgun on or |
|
after the effective date of this Act by any person not otherwise |
|
prohibited by state or federal law from possessing a firearm. |
|
SECTION 59. The changes in law made 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 when 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 60. This Act takes effect September 1, 2021. |