87R8153 JSC-D
 
  By: Hefner H.B. No. 2900
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to provisions governing the carrying of a firearm by a
  person who is not otherwise prohibited by state or federal law from
  possessing the firearm and to other provisions related to the
  carrying, possessing, transporting, or storing of a firearm; making
  conforming changes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  SHORT TITLE
         SECTION 1.01.  This Act shall be known as the Texas
  Constitutional Carry Act of 2021.
  ARTICLE 2.  CARRYING OF HANDGUNS, FIREARMS, AND OTHER WEAPONS;
  CRIMINAL PENALTIES
         SECTION 2.01.  The heading to Section 46.02, Penal Code, is
  amended to read as follows:
         Sec. 46.02.  UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED
  WEAPONS.
         SECTION 2.02.  Section 46.02(b), Penal Code, is amended to
  read as follows:
         (b)  An [Except as provided by Subsection (c) or (d), an]
  offense under this section is a Class C [A] misdemeanor.
         SECTION 2.03.  Sections 46.03(a), (e-1), (e-2), and (f),
  Penal Code, are amended to read as follows:
         (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):
               (1)  on the physical premises of a school or
  educational institution, any grounds or building on which an
  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:
                     (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]
  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
  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
  written authorization of the court;
               (4)  on the premises of a racetrack;
               (5)  in or into a secured area of an airport; or
               (6)  within 1,000 feet of premises the location of
  which is designated by the Texas Department of Criminal Justice as a
  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
  designated premises and the person received notice that:
                     (A)  going within 1,000 feet of the premises with
  a weapon listed under this subsection was prohibited; or
                     (B)  possessing a weapon listed under this
  subsection within 1,000 feet of the premises was prohibited.
         (e-1)  It is a defense to prosecution under Subsection (a)(5)
  that the actor:
               (1)  possessed, at the screening checkpoint for the
  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.
         (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
  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:
               (1)  the officer advises the actor of the defense
  available under Subsection (e-1) and gives the actor an opportunity
  to exit the screening checkpoint for the secured area; and
               (2)  the actor does not immediately exit the checkpoint
  on [upon] completion of the required screening processes.
         (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 2.04.  Chapter 46, Penal Code, is amended by adding
  Section 46.032 to read as follows:
         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.
         SECTION 2.05.  The heading to Section 46.035, Penal Code, is
  amended to read as follows:
         Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
  HOLDER].
         SECTION 2.06.  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].
         (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 2.07.  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 2.08.  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 2.09.  The following provisions are repealed:
               (1)  Sections 46.02(a), (c), and (d), Penal Code;
               (2)  Section 46.035(f)(2), Penal Code;
               (3)  Section 46.035(a-1), Penal Code, as added by
  Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
  Session, 2015;
               (4)  Section 46.035(a-1), Penal Code, as added by
  Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
  Session, 2015;
               (5)  Section 46.035(h-1), Penal Code, as added by
  Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
  Session, 2007;
               (6)  Section 46.035(h-1), Penal Code, as added by
  Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
  Session, 2007; and
               (7)  Sections 46.15(b), (d), (j), and (k), Penal Code.
  ARTICLE 3.  SIGNS AND NOTICE FOR LOCATIONS WHERE HANDGUNS,
  FIREARMS, OR OTHER WEAPONS PROHIBITED
         SECTION 3.01.  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 3.02.  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 3.03.  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 3.04.  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 3.05.  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 3.06.  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 3.07.  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 3.08.  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 3.09.  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 3.10.  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 3.11.  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; and
               (3)  Section 411.204(d), Government Code.
  ARTICLE 4. LOCAL REGULATION OF HANDGUNS OR OTHER FIREARMS
         SECTION 4.01.  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 4.02.  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 4.03.  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.
  ARTICLE 5. INTERACTION WITH LAW ENFORCEMENT WHILE CARRYING HANDGUN
         SECTION 5.01.  The heading to Section 411.206, Government
  Code, is amended to read as follows:
         Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.
         SECTION 5.02.  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 5.03.  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 5.04.  Section 411.205, Government Code, is
  repealed.
  ARTICLE 6. EMPLOYER RIGHTS; CARRYING AND STORAGE OF HANDGUN,
  FIREARM, AND AMMUNITION BY EMPLOYEE
         SECTION 6.01.  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 6.02.  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 6.03.  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.
  ARTICLE 7. CARRYING AND STORAGE OF HANDGUN, FIREARM, AND
  AMMUNITION ON CAMPUS OF PUBLIC OR PRIVATE INSTITUTION OF HIGHER
  EDUCATION
         SECTION 7.01.  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 7.02.  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 7.03.  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 7.04.  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 7.05.  Section 411.208(f), Government Code, is
  repealed.
  ARTICLE 8. STORAGE OF HANDGUN, FIREARM, AND AMMUNITION IN SCHOOL
  PARKING AREA
         SECTION 8.01.  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 8.02.  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.
  ARTICLE 9. CONFORMING CHANGES
         SECTION 9.01.  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 9.02.  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 9.03.  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 9.04.  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 9.05.  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 9.06.  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 9.07.  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 9.08.  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 9.09.  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 9.10.  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 9.11.  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 9.12.  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 9.13.  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 9.14.  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 9.15.  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 9.16.  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 9.17.  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 9.18.  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 9.19.  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 9.20.  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 9.21.  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.
  ARTICLE 10. TRANSITIONS; EFFECTIVE DATE
         SECTION 10.01.  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 10.02.  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 10.03.  This Act takes effect September 1, 2021.