By: Springer, Buckingham S.B. No. 540
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing certain person to carry a handgun
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.15 (k), NONAPPLICABILITY, is amended
  to read as follows:
         (k)  Section 46.02 does not apply to a person who carries a
  handgun if
               (1)  the person carries the handgun while:
                     (A)  evacuating from an area following the
  declaration of a state of disaster under Section 418.014,
  Government Code, or a local state of disaster under Section
  418.108, Government Code, with respect to that area; or
               B) reentering that area following the person's
  evacuation;
               (2)  not more than 168 hours have elapsed since the
  state of disaster or local state of disaster was declared, or more
  than 168 hours have elapsed since the time the declaration was made
  and the governor has extended the period during which a person may
  carry a handgun under this subsection; and
               (3)  the person is not prohibited by state or federal
  law from possessingpurchasing a firearm.
         SECTION 2.  Section 46.02, Penal Code, UNLAWFUL CARRYING
  WEAPONS, is amended by amending Subsections (a) and (a-1) and
  adding Subsection (a-2) to read as follows:
         (a)  A person younger than 21 years of age commits an offense
  if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a handgun; and
               (2)  is not:
                     (A)  on the person's own premises or premises
  under the person's control; or
                     (B)  inside of or directly en route to a motor
  vehicle or watercraft that is owned by the person or under the
  person's control.
         (a-1)  A person younger than 21 years of age commits an
  offense if the person intentionally, knowingly, or recklessly
  carries on or about his or her person a handgun 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:
                     (A)  engaged in criminal activity, other than a
  Class C misdemeanor that is a violation of a law or ordinance
  regulating traffic or boating;
                     (B)  prohibited by law from possessing a firearm;
  or
                     (C)  a member of a criminal street gang, as
  defined by Section 71.01.
         (a-2)  A person commits an offense if the person carries a
  handgun on or about their person, 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 holster on or
  about the person.
         SECTION 3.  Section 46.03, Penal Code, PLACES WEAPONS
  PROHIBITED, is amended to read as follows:
         (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 licensed to
  carry under Subchapter H, Chapter 411, Government Code; and
               (2)  exited the screening checkpoint for the secured
  area immediately upon completion of the required screening
  processes and notification that the actor possessed the handgun.
         SECTION 4.  Section 46.035, Penal Code, UNLAWFUL CARRYING OF
  HANDGUN BY LICENSE HOLDER, is amended to read as follows:
         (a)  A license holderperson commits an offense if the
  license holderperson carries a handgun on or about the license
  holder'stheir 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 holderperson.
         (a-1)  Notwithstanding Subsection (a), a license holder
  commits an offense if the license holder carries a partially or
  wholly visible handgun, regardless of whether the handgun is
  holstered, 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:
               (1)  on the premises of an institution of higher
  education or private or independent institution of higher
  education; or
               (2)  on any public or private driveway, street,
  sidewalk or walkway, parking lot, parking garage, or other parking
  area of an institution of higher education or private or
  independent institution of higher education.
         (a-2)  Notwithstanding Subsection (a) or Section 46.03(a), a
  license holder commits an offense if the 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 license holders from
  carrying handguns pursuant to Section 411.2031(e), Government
  Code, or on the grounds or building on which an activity sponsored
  by such an institution is being conducted, or in a passenger
  transportation vehicle of such an institution, regardless of
  whether the handgun is concealed, provided the institution gives
  effective notice under Section 30.06.
         (a-3)  Notwithstanding Subsection (a) or Section 46.03(a), a
  license holder commits an offense if the 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 411.2031(d-1), Government Code, provided
  the institution gives effective notice under Section 30.06 with
  respect to that portion.
         (b)  A license holderperson commits an offense if the
  license holderperson 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'stheir 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 license holderperson 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 license holderperson 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 license holderperson commits an offense if the
  license holderperson 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 if the meeting is an
  open meeting subject to Chapter 551, Government Code, and the
  entity provided notice as required by that chapter.
         (d)  A license holderperson commits an offense if, while
  intoxicated, the license holderperson carries a handgun under the
  authority of Subchapter H, Chapter 411, Government Code, or
  pursuant to the exception provided in Section 46.15(k), regardless
  of whether the handgun is concealed or carried in a shoulder or belt
  holster.
         (e)  A license holder who is licensed as a security officer
  under Chapter 1702, Occupations Code, and employed as a security
  officer commits an offense if, while in the course and scope of the
  security officer's employment, the security officer violates a
  provision of Subchapter H, Chapter 411, Government Code.
         (f)  In this section:
               (1)  "Amusement park" means a permanent indoor or
  outdoor facility or park where amusement rides are available for
  use by the public that is located in a county with a population of
  more than one million, encompasses at least 75 acres in surface
  area, is enclosed with access only through controlled entries, is
  open for operation more than 120 days in each calendar year, and has
  security guards on the premises at all times. The term does not
  include any public or private driveway, street, sidewalk or
  walkway, parking lot, parking garage, or other parking area.
         (1-a) "Institution of higher education" and "private or
  independent institution of higher education" have the meanings
  assigned by Section 61.003, Education Code.
               (2)  "License holder" means a person licensed to carry
  a handgun under Subchapter H, Chapter 411, Government Code.
               (3)  "Premises" means a building or a portion of a
  building. The term does not include any public or private driveway,
  street, sidewalk or walkway, parking lot, parking garage, or other
  parking area.
         (g)  An offense under this section is a Class A misdemeanor,
  unless the offense is committed under Subsection (b)(1) or (b)(3),
  in which event the offense is a felony of the third degree.
         (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.
         SECTION 5.  Section 30.05, Penal Code, is amended by adding
  Subsection (i-1) to read as follows:
         (i-1)  If the basis on which entry on the property or land or
  in the building was forbidden is that entry with a firearm or other
  weapon was forbidden it is a defense to prosecution under this
  section that the person was personally given notice by oral
  communication and promptly departed from the property.
         SECTION 6.  Chapter 30, Penal Code, is amended by adding
  Section 30.08, TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN, to
  read as follows:
         (a)  A person commits an offense if the person:
               (1)  carries a handgun unlicensed, on property of
  another without effective consent; and
               (2)  received notice that entry on the property by a
  unlicensed holder with a handgun was forbidden.
  b) For purposes of this section, a person receives notice if the
  owner of the property or someone with apparent authority to act for
  the owner provides notice to the person by oral or written
  communication.
         (c)  In this section:
               (1)  "Entry" has the meaning assigned by Section
  30.05(b).
               (2)  Unlicensed has the meaning of anyone not a
  "License holder" has defined 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 30.08,
  Penal Code (TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN), may not
  enter this property with a 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.
         (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 unlicensed 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 unlicensed holder carries a handgun
  is owned or leased by a governmental entity and is not a premises or
  other place on which the unlicensed holder is prohibited from
  carrying the handgun under Section 46.03 or 46.035.
         (e-1)  It is a defense to prosecution under this section
  that:
               (1)  the unlicensed 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 unlicensed 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 unlicensed 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 unlicensed
  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 unlicensed holder is a tenant of a leased
  premises governed by Chapter 92, Property Code, or the tenant's
  guest; and
               (2)  the unlicensed 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 unlicensed 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 unlicensed
  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 unlicensed holder is a tenant of a
  manufactured home lot governed by Chapter 94, Property Code, or the
  tenant's guest; and
               (2)  the unlicensed 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 unlicensed 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 unlicensed
  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 unlicensed holder is volunteer emergency services personnel, as
  defined by Section 46.01.
         (g)  It is a defense to prosecution under this section that
  the unlicensed holder was personally given notice by oral
  communication described by Subsection (b) and promptly departed
  from the property.
         SECTION 8.  This Act takes effect September 1, 2021.