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A BILL TO BE ENTITLED
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AN ACT
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rela |
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ting to the criminal penalty for a person who carries a |
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concealed weapon into a prohibited area; creating a criminal |
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offense; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.06(a), Penal Code, is amended to read |
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as follows: |
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(a) A license holder commits an offense if the license |
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holder intentionally and knowingly: |
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(1) carries a handgun under the authority of |
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Subchapter H, Chapter 411, Government Code, on property of another |
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without effective consent; and |
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(2) received notice that: |
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(A) entry on the property by a license holder |
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with a concealed handgun was forbidden; or
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(B)
remaining on the property with a concealed
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handgun was forbidden and failed to depart.
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(b) For purposes of this section, a person receives notice |
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if the owner of the property or someone with apparent authority to |
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act for the owner provides notice to the person by oral or written |
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communication. |
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(c) In this section: |
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(1) "Entry" has the meaning assigned by Section |
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30.05(b). |
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(2) "License holder" has the meaning assigned by |
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Section 46.035(f). |
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(3) "Written communication" means: |
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(A) a card or other document on which is written |
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language identical to the following: "Pursuant to Section 30.06, |
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Penal Code (trespass by holder of license to carry a concealed |
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handgun), a person licensed under Subchapter H, Chapter 411, |
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Government Code (concealed handgun law), may not enter this |
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property with a concealed handgun"; or |
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(B) a sign posted on the property that: |
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(i) includes the language described by |
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Paragraph (A) in both English and Spanish; |
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(ii) appears in contrasting colors with |
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block letters at least one inch in height; and |
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(iii) is displayed in a conspicuous manner |
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clearly visible to the public. |
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(d) An offense under this section is a: |
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(1) Class A C misdemeanor punishable by a fine not to |
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exceed $200.00. |
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(2) Class A misdemeanor if oral notice was given by the |
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owner of the property or someone with apparent authority to act for |
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the owner and the license holder failed to depart. |
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SECTION 2. This Act takes effect September 1, 2015. |