87R8847 JSC-D
 
  By: Hughes S.B. No. 637
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to carrying and storing a firearm or firearm ammunition by
  a hotel guest.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter C, Chapter 2155,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C. FIREARMS POLICY [NOTICE]
         SECTION 2.  Section 2155.101, Occupations Code, is amended
  to read as follows:
         Sec. 2155.101. DEFINITIONS [DEFINITION].  In this
  subchapter:
               (1)  "Hotel" means a hotel, motel, inn, or similar
  business entity that offers more than 10 rooms to the public for
  temporary lodging for a fee [, "hotel" has the meaning assigned by
  Section 156.001, Tax Code].
               (2)  "License holder" has the meaning assigned by
  Section 46.035, Penal Code.
         SECTION 3.  Subchapter C, Chapter 2155, Occupations Code, is
  amended by adding Section 2155.1025 to read as follows:
         Sec. 2155.1025.  FIREARMS POLICY. (a) Unless possession of
  a handgun or other firearm or ammunition on hotel property is
  prohibited by state or federal law, a hotel may not adopt a policy
  prohibiting a hotel guest who is a license holder from:
               (1)  carrying or storing a firearm or firearm
  ammunition in the guest's hotel room; 
               (2)  carrying a firearm or firearm ammunition directly
  en route to or from the hotel or the guest's hotel room;
               (3)  carrying a firearm or firearm ammunition directly
  en route to or from the guest's vehicle located on the hotel
  property, including a vehicle in a parking area provided for hotel
  guests; or
               (4)  carrying or storing a firearm or firearm
  ammunition in the guest's vehicle located on the hotel property,
  including a vehicle in a parking area provided for hotel guests.
         (b)  A hotel may adopt a policy requiring a hotel guest
  carrying a firearm or firearm ammunition in a common area on the
  hotel property to:
               (1)  carry a handgun in a concealed manner; or
               (2)  carry a firearm or ammunition in a case or bag.
         SECTION 4.  Section 30.05, Penal Code, is amended by adding
  Subsection (f-4) to read as follows:
         (f-4)  It is a defense to prosecution under this section
  that:
               (1)  the conduct occurred on hotel property, and the
  basis on which entry on that property was forbidden is that entry
  with a firearm or firearm ammunition was forbidden;
               (2)  the actor: 
                     (A)  holds a license to carry a handgun under
  Subchapter H, Chapter 411, Government Code; and
                     (B)  is a guest of a hotel, as defined by Section
  2155.101, Occupations Code; and
               (3)  the actor:
                     (A)  carries or stores a firearm or firearm
  ammunition in the actor's hotel room; 
                     (B)  carries a firearm or firearm ammunition
  directly en route to or from the hotel or the actor's hotel room;
                     (C)  carries a firearm or firearm ammunition
  directly en route to or from the actor's vehicle located on the
  hotel property, including a vehicle in a parking area provided for
  hotel guests; or
                     (D)  carries or stores a firearm or firearm
  ammunition in the actor's vehicle located on the hotel property,
  including a vehicle in a parking area provided for hotel guests.
         SECTION 5.  Section 30.06, Penal Code, is amended by adding
  Subsection (e-4) to read as follows:
         (e-4)  It is a defense to prosecution under this section that
  the license holder is a guest of a hotel, as defined by Section
  2155.101, Occupations Code, and the license holder:
               (1)  carries or stores a handgun in the license holder's
  hotel room;
               (2)  carries a handgun directly en route to or from the
  hotel or the license holder's hotel room;
               (3)  carries a handgun directly en route to or from the
  license holder's vehicle located on the hotel property, including a
  vehicle in a parking area provided for hotel guests; or
               (4)  carries or stores a handgun in the license holder's
  vehicle located on the hotel property, including a vehicle in a
  parking area provided for hotel guests.
         SECTION 6.  Section 30.07, Penal Code, is amended by adding
  Subsection (e-4) to read as follows:
         (e-4)  It is a defense to prosecution under this section that
  the license holder is a guest of a hotel, as defined by Section
  2155.101, Occupations Code, and the license holder:
               (1)  carries or stores a handgun in the license holder's
  hotel room;
               (2)  carries a handgun directly en route to or from the
  hotel or the license holder's hotel room;
               (3)  carries a handgun directly en route to or from the
  license holder's vehicle located on the hotel property, including a
  vehicle in a parking area provided for hotel guests; or
               (4)  carries or stores a handgun in the license holder's
  vehicle located on the hotel property, including a vehicle in a
  parking area provided for hotel guests.
         SECTION 7.  Sections 30.05, 30.06, and 30.07, Penal Code, as
  amended 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 on the
  date 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 8.  This Act takes effect September 1, 2021.