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AN ACT
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relating to the possession, carrying, or transportation of a |
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firearm or alcoholic beverage by certain persons during the use of |
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an easement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 5, Property Code, is |
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amended by adding Section 5.020 to read as follows: |
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Sec. 5.020. EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR |
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ALCOHOLIC BEVERAGES PROHIBITED. (a) In this section: |
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(1) "Alcoholic beverage" has the meaning assigned by |
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Section 1.04, Alcoholic Beverage Code. |
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(2) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. The term includes any firearm parts, firearm |
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accessories, and firearm ammunition. |
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(b) This section does not apply to a right-of-way easement |
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for a pipeline, electric transmission line, or other utility. |
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(c) An instrument granting an access easement may not |
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restrict or prohibit an easement holder or an easement holder's |
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guest from possessing, carrying, or transporting a firearm or an |
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alcoholic beverage over the servient estate while using the |
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easement for the easement's purpose. |
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(d) The owner of a servient estate may not enforce a |
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restrictive covenant in an instrument granting an access easement |
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over the servient estate that restricts or prohibits the easement |
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holder or the easement holder's guest from possessing, carrying, or |
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transporting a firearm or an alcoholic beverage over the servient |
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estate while using the easement for the easement's purpose. |
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SECTION 2. Section 5.020, Property Code, as added by this |
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Act, applies to an easement granted before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4346 was passed by the House on May 5, |
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2021, by the following vote: Yeas 88, Nays 56, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4346 on May 28, 2021, by the following vote: Yeas 119, Nays 24, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4346 was passed by the Senate, with |
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amendments, on May 22, 2021, by the following vote: Yeas 22, Nays |
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9. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |