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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession, carrying, transporting, or storing of a |
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firearm or firearm ammunition by a tenant on the leased premises; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.026, Property Code, is amended to |
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read as follows: |
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Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION |
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ON LEASED PREMISES. (a) Unless possession of a firearm or firearm |
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ammunition on a landlord's property is prohibited by state or |
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federal law, a landlord may not prohibit a tenant or a tenant's |
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guest from lawfully possessing, carrying, transporting, or storing |
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a firearm, any part of a firearm, or firearm ammunition: |
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(1) in the tenant's rental unit; |
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(2) in a vehicle located in a parking area provided for |
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tenants or guests by the landlord of the leased premises; or |
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(3) in other locations controlled by the landlord as |
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necessary to: |
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(A) enter or exit the tenant's rental unit; |
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(B) enter or exit the leased premises; or |
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(C) enter or exit a vehicle on the leased |
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premises or located in a parking area provided by the landlord for |
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tenants or guests. |
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(b) A landlord that violates Subsection (a) is liable for a |
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civil penalty of: |
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(1) not less than $1,000 and not more than $1,500 for |
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the first violation; and |
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(2) not less than $10,000 and not more than $10,500 for |
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the second or subsequent violation. |
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(c) A tenant of a landlord in violation of Subsection (a) |
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may file a complaint with the attorney general that the landlord is |
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in violation of Subsection (a) if the tenant provides the landlord |
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with a written notice that describes the location and general facts |
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of the violation and the landlord does not cure the violation before |
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the end of the third business day after the date of receiving the |
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written notice. A complaint filed with the attorney general under |
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this subsection must include evidence of the violation and a copy of |
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the written notice provided to the landlord. |
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(d) A civil penalty collected by the attorney general under |
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this section shall be deposited to the credit of the compensation to |
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victims of crime fund established under Subchapter J, Chapter 56B, |
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Code of Criminal Procedure. |
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(e) Before a suit may be brought against a landlord for a |
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violation of Subsection (a), the attorney general must investigate |
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the complaint to determine whether legal action is warranted. If |
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legal action is warranted, the attorney general must give the |
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landlord charged with the violation a written notice that: |
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(1) describes the violation; |
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(2) states the amount of the proposed penalty for the |
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violation; and |
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(3) gives the landlord 15 days from receipt of the |
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notice to cure the violation to avoid the penalty, unless the |
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landlord was found liable by a court for previously violating |
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Subsection (a). |
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(f) If the attorney general determines that legal action is |
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warranted and that the landlord has not cured the violation within |
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the 15-day period provided by Subsection (e)(3), the attorney |
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general or the appropriate county or district attorney may sue to |
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collect the civil penalty provided by Subsection (b). The attorney |
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general may also apply for any appropriate equitable relief. A suit |
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or petition under this subsection may be filed in a district court |
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in a county in which the premises are located. The attorney general |
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may recover reasonable expenses incurred in obtaining relief under |
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this subsection, including court costs, reasonable attorney's |
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fees, investigative costs, witness fees, and deposition costs. |
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SECTION 2. This Act takes effect September 1, 2025. |