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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession, carrying, or transportation of a |
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firearm by certain persons during the use of 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 |
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PROHIBITED. (a) In this section, "firearm" includes firearms as |
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defined in Section 46.01, Penal Code, and any firearm parts, |
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firearm accessories, and firearm ammunition. |
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(b) An instrument granting an access easement or |
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appurtenant easement may not restrict or prohibit an easement |
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holder or an easement holder's guest from possessing, carrying, or |
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transporting a firearm while using the easement for the easement's |
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purpose. |
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(c) The owner of a servient estate may not enforce a |
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restrictive covenant in an instrument granting an easement on the |
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servient estate that restricts or prohibits the easement holder or |
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the easement holder's guest from possessing, carrying, or |
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transporting a firearm while using the easement for the easement's |
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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. |