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A BILL TO BE ENTITLED
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AN ACT
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relating to wrongful exclusion of handgun license holders from |
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property owned by or leased to a governmental entity and to certain |
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offenses relating to the carrying of handguns on that property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.209, Government Code, |
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is amended to read as follows: |
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Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN |
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LICENSE HOLDER. |
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SECTION 2. Sections 411.209(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) A state agency or a political subdivision of the state |
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may not provide notice by a communication described by Section |
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30.06 or 30.07, Penal Code, or by any sign expressly referring to |
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either of those provisions [that law] or to a [concealed handgun] |
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license to carry a handgun, that a license holder carrying a handgun |
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under the authority of this subchapter is prohibited from entering |
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or remaining on a premises or other place owned and occupied by the |
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governmental entity or leased to and occupied by the governmental |
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entity unless license holders are prohibited from carrying a |
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handgun on the premises or other place by Section 46.03 or 46.035, |
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Penal Code. |
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(d) A resident [citizen] of this state or a person licensed |
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to carry a [concealed] handgun under this subchapter may file a |
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complaint with the attorney general that a state agency or |
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political subdivision is in violation of Subsection (a) if the |
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resident [citizen] or person provides the agency or subdivision a |
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written notice that describes the violation and specific location |
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of the sign found to be in violation and the agency or subdivision |
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does not cure the violation before the end of the third business day |
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after the date of receiving the written notice. A complaint filed |
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under this subsection must include evidence of the violation and a |
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copy of the written notice. |
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SECTION 3. Section 30.06(e), Penal Code, is amended to read |
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as follows: |
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(e) It is an exception to the application of this section |
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that the property on which the license holder carries a handgun: |
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(1) is owned and occupied [or leased] by a |
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governmental entity or leased to and occupied by a governmental |
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entity; and |
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(2) is not a premises or other place on which the |
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license holder is prohibited from carrying the handgun under |
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Section 46.03 or 46.035. |
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SECTION 4. Section 30.07(e), Penal Code, is amended to read |
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as follows: |
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(e) It is an exception to the application of this section |
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that the property on which the license holder openly carries the |
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handgun: |
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(1) is owned and occupied [or leased] by a |
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governmental entity or leased to and occupied by a governmental |
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entity; and |
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(2) is not a premises or other place on which the |
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license holder is prohibited from carrying the handgun under |
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Section 46.03 or 46.035. |
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SECTION 5. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |