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A BILL TO BE ENTITLED
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AN ACT
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relating to carrying and storing a handgun or handgun ammunition by |
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a hotel guest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter C, Chapter 2155, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER C. FIREARMS POLICY [NOTICE] |
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SECTION 2. Section 2155.101, Occupations Code, is amended |
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to read as follows: |
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Sec. 2155.101. DEFINITION. In this subchapter, "hotel" |
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means a hotel, motel, inn, or similar business entity that offers |
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more than 10 rooms to the public for temporary lodging for a fee |
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[has the meaning assigned by Section 156.001, Tax Code]. |
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SECTION 3. Subchapter C, Chapter 2155, Occupations Code, is |
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amended by adding Section 2155.1025 to read as follows: |
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Sec. 2155.1025. APPLICABILITY OF FIREARMS POLICY TO |
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HANDGUNS. (a) Unless possession of a handgun or handgun ammunition |
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on hotel property is prohibited by state or federal law, a hotel may |
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not adopt a firearms policy described by Section 2155.102 |
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prohibiting a hotel guest from: |
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(1) carrying or storing a handgun or handgun |
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ammunition in the guest's hotel room; |
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(2) carrying a handgun or handgun ammunition directly |
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en route to or from the hotel or the guest's hotel room; |
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(3) carrying a handgun or handgun ammunition directly |
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en route to or from the guest's vehicle located on the hotel |
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property, including a vehicle in a parking area provided for hotel |
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guests; or |
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(4) carrying or storing a handgun or handgun |
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ammunition in the guest's vehicle located on the hotel property, |
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including a vehicle in a parking area provided for hotel guests. |
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(b) A hotel may adopt a firearms policy requiring a hotel |
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guest carrying a handgun or handgun ammunition in a common area on |
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the hotel property to: |
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(1) carry a handgun in a concealed manner; or |
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(2) carry handgun ammunition in a case or bag. |
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SECTION 4. Section 30.05, Penal Code, is amended by adding |
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Subsection (f-4) to read as follows: |
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(f-4) It is a defense to prosecution under this section |
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that: |
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(1) the conduct occurred on hotel property, and the |
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basis on which entry on that property was forbidden is that entry |
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with a firearm or firearm ammunition was forbidden; |
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(2) the actor is a guest of a hotel, as defined by |
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Section 2155.101, Occupations Code; and |
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(3) the actor: |
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(A) carries or stores a handgun or handgun |
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ammunition in the actor's hotel room; |
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(B) carries a handgun or handgun ammunition |
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directly en route to or from the hotel or the actor's hotel room; |
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(C) carries a handgun or handgun ammunition |
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directly en route to or from the actor's vehicle located on the |
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hotel property, including a vehicle in a parking area provided for |
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hotel guests; or |
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(D) carries or stores a handgun or handgun |
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ammunition in the actor's vehicle located on the hotel property, |
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including a vehicle in a parking area provided for hotel guests. |
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SECTION 5. Section 30.06, Penal Code, is amended by adding |
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Subsection (e-4) to read as follows: |
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(e-4) It is a defense to prosecution under this section that |
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the license holder is a guest of a hotel, as defined by Section |
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2155.101, Occupations Code, and the license holder: |
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(1) carries or stores a handgun in the license holder's |
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hotel room; |
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(2) carries a handgun directly en route to or from the |
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hotel or the license holder's hotel room; |
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(3) carries a handgun directly en route to or from the |
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license holder's vehicle located on the hotel property, including a |
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vehicle in a parking area provided for hotel guests; or |
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(4) carries or stores a handgun in the license holder's |
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vehicle located on the hotel property, including a vehicle in a |
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parking area provided for hotel guests. |
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SECTION 6. Section 30.07, Penal Code, is amended by adding |
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Subsection (e-4) to read as follows: |
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(e-4) It is a defense to prosecution under this section that |
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the license holder is a guest of a hotel, as defined by Section |
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2155.101, Occupations Code, and the license holder: |
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(1) carries or stores a handgun in the license holder's |
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hotel room; |
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(2) carries a handgun directly en route to or from the |
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hotel or the license holder's hotel room; |
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(3) carries a handgun directly en route to or from the |
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license holder's vehicle located on the hotel property, including a |
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vehicle in a parking area provided for hotel guests; or |
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(4) carries or stores a handgun in the license holder's |
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vehicle located on the hotel property, including a vehicle in a |
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parking area provided for hotel guests. |
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SECTION 7. Sections 30.05, 30.06, and 30.07, Penal Code, as |
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amended by this Act, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2021. |