By: Krause, et al. (Senate Sponsor - Fallon)	H.B. No. 1791
	(In the Senate - Received from the House May 13, 2019;
	May 13, 2019, read first time and referred to Committee on State
	Affairs; May 20, 2019, reported favorably by the following vote:
	Yeas 7, Nays 2; May 20, 2019, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of handguns by license holders on property
	owned or leased by a governmental entity.
	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 (j) to
	read as follows:
	(a)  Except as provided by Subsection (i), a state agency or
	a political subdivision of the state may not take any action,
	including an action consisting of the provision of [provide] notice
	by a communication described by Section 30.06 or 30.07, Penal Code,
	that states or implies [or by any sign expressly referring to that
	law or to a license to carry a handgun,] that a license holder who is
	carrying a handgun under the authority of this subchapter is
	prohibited from entering or remaining on a premises or other place
	owned or leased 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 location and general facts of 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. A complaint filed with the attorney general under 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 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).
	(j)  In this section, "premises" has the meaning assigned by
	Section 46.035, Penal Code.
	SECTION 2.  Section 411.209, Government Code, as amended by
	this Act, applies only to conduct that occurs on or after the
	effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2019.
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