|
|
|
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. Sections 411.209(a), (d), and (f), Government |
|
Code, are amended to read as follows: |
|
(a) Except as provided by Subsection (i), a state agency or |
|
a political subdivision of the state may not prohibit or attempt to |
|
prohibit a license holder who is carrying a handgun under the |
|
authority of this subchapter from entering or remaining on a |
|
premises or other place owned or leased by the governmental entity |
|
by taking 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, [or by any sign expressly
|
|
referring to 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 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 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 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. |