86R4858 AJZ-F
	By: Anchia	H.B. No. 1166

	A BILL TO BE ENTITLED
	AN ACT
	relating to wrongful exclusion of handgun license holders from
	certain property owned by or leased to a governmental entity and to
	certain offenses relating to the carrying of handguns on that
	property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.209, Government Code, is amended by
	amending Subsections (a), (d), and (f), and adding Subsection (d-1)
	to read as follows:
	(a)  Except as provided by Subsection (i), a state agency or
	a political subdivision of the state may not provide notice by a
	communication described by Section 30.06 or 30.07, Penal Code, or
	by any sign expressly referring to either of those provisions [that
	law] or to a license to carry a handgun, that a license holder
	carrying a handgun under the authority of this subchapter is
	prohibited from entering or remaining on a premises or other place
	owned and occupied by the governmental entity or leased to and
	occupied by the governmental entity unless license holders are
	prohibited from carrying a handgun on the premises or other place by
	Section 46.03 or 46.035, Penal Code, or other law.
	(d)  A resident of this state or a person licensed to carry a
	handgun under this subchapter may file a complaint with the
	attorney general that a state agency or political subdivision is in
	violation of Subsection (a) if the resident or license holder
	[person] provides the agency or subdivision a written notice that
	describes the violation [and specific location of the sign found to
	be in violation] and the agency or subdivision does not cure the
	violation before the end of the third business day after the date of
	receiving the written notice.  The written notice provided under
	this subsection must include a copy of any document alleged to be in
	violation or must describe the specific location of any sign found
	to be in violation.
	(d-1)  A complaint filed with the attorney general under
	Subsection (d) [this subsection] must include evidence of the
	violation and a copy of the written notice provided to the agency or
	subdivision.
	(f)  Before a suit may be brought against a state agency or a
	political subdivision of the state for a violation of Subsection
	(a), the attorney general must investigate the complaint to
	determine whether legal action is warranted.  If legal action is
	warranted, the attorney general must give the chief administrative
	officer of the agency or political subdivision charged with the
	violation a written notice that:
	(1)  describes the violation and includes the
	information described by Subsection (d) [specific location of the
	sign found to be in violation];
	(2)  states the amount of the proposed penalty for the
	violation; and
	(3)  gives the agency or political subdivision 15 days
	from receipt of the notice to [remove the sign and] cure the
	violation to avoid the penalty, unless the agency or political
	subdivision was found liable by a court for previously violating
	Subsection (a).
	SECTION 2.  Section 30.06(e), Penal Code, is amended to read
	as follows:
	(e)  It is an exception to the application of this section
	that the property on which the license holder carries a handgun:
	(1)  is owned and occupied [or leased] by a
	governmental entity or leased to and occupied by a governmental
	entity; and
	(2)  is not a premises or other place on which the
	license holder is prohibited from carrying the handgun under
	Section 46.03 or 46.035.
	SECTION 3.  Section 30.07(e), Penal Code, is amended to read
	as follows:
	(e)  It is an exception to the application of this section
	that the property on which the license holder openly carries the
	handgun:
	(1)  is owned and occupied [or leased] by a
	governmental entity or leased to and occupied by a governmental
	entity; and
	(2)  is not a premises or other place on which the
	license holder is prohibited from carrying the handgun under
	Section 46.03 or 46.035.
	SECTION 4.  The change in law made by this Act applies only
	to conduct that occurs on or after the effective date of this Act.
	SECTION 5.  This Act takes effect September 1, 2019.