By: Schaefer	H.B. No. 1927

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of a firearm by a person 21 years of age or
	older and who is not otherwise prohibited from possessing the
	firearm and to criminal offenses otherwise related to the carrying
	of a firearm; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act Shall be known as the Firearm Carry Act
	of 2021.
	SECTION 2.  Article 14.02, Code of Criminal Procedure, is
	amended by adding Subsections (h), (h-1), and (h-2) to read as
	follows:
	(h)  A peace officer who is acting in the lawful discharge of
	the officer's official duties may temporarily disarm a person at
	any time the officer reasonably believes it is necessary for the
	protection of the person, officer, or another individual. The
	peace officer shall return the weapon to the person before
	discharging the person from the scene if the officer determines
	that the person is not a threat to the officer, person, or another
	individual and if the person has not committed a violation that
	results in the arrest of the person.
	(h-1)  A peace officer who is acting in the lawful discharge
	of the officer's official duties may temporarily disarm a person
	when the person enters a nonpublic, secure portion of a law
	enforcement facility, if the law enforcement agency provides a gun
	locker where the peace officer can secure the weapon. The peace
	officer shall secure the weapon in the locker and shall return the
	weapon to the person immediately after the person leaves the
	nonpublic, secure portion of the law enforcement facility.
	(h-2)  In this section "law enforcement facility" and
	"nonpublic, secure portion of a law enforcement facility" have the
	meanings assigned by Section 411.207(d), Government Code.
	SECTION 3.  Section 37.0815(b), Education Code, is amended
	to read as follows:
	(b)  This section does not authorize a person to possess,
	transport, or store a handgun, a firearm, or ammunition in
	violation of Section 37.125 of this code, Section 46.03 [or
	46.035], Penal Code, or other law.
	SECTION 4.  Section 411.186(a), Government Code, is amended
	to read as follows:
	(a)  The department shall revoke a license under this section
	if the license holder:
	(1)  was not entitled to the license at the time it was
	issued;
	(2)  made a material misrepresentation or failed to
	disclose a material fact in an application submitted under this
	subchapter;
	(3)  subsequently becomes ineligible for a license
	under Section 411.172, unless the sole basis for the ineligibility
	is that the license holder is charged with the commission of a Class
	A or Class B misdemeanor or equivalent offense, or of an offense
	under Section 42.01, Penal Code, or equivalent offense, or of a
	felony under an information or indictment;
	(4)  [is convicted of an offense under Section 46.035,
	Penal Code;
	(5)]  is determined by the department to have engaged
	in conduct constituting a reason to suspend a license listed in
	Section 411.187(a) after the person's license has been previously
	suspended twice for the same reason; or
	(5) [(6)]  submits an application fee that is
	dishonored or reversed if the applicant fails to submit a cashier's
	check or money order made payable to the "Department of Public
	Safety of the State of Texas" in the amount of the dishonored or
	reversed fee, plus $25, within 30 days of being notified by the
	department that the fee was dishonored or reversed.
	SECTION 5.  Section 411.2031(a), Government Code, is amended
	to read as follows:
	(a)  For purposes of this section:
	(1)  "Campus" means all land and buildings owned or
	leased by an institution of higher education or private or
	independent institution of higher education.
	(2)  "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(3)  "Premises" has the meaning assigned by Section
	46.03(c) [46.035], Penal Code.
	SECTION 6.  Section 411.209, Government Code, is amended by
	amending Subsections (a) and (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 notice by a
	communication described by Section 30.06 or 30.07, Penal Code, that
	states or implies 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.
	(j)  In this section, "premises" has the meaning assigned by
	Section 46.03(c) [46.035], Penal Code.
	SECTION 7.  Section 552.002(a), Health and Safety Code, is
	amended to read as follows:
	(a)  In this section:
	(1)  "License holder" has the meaning assigned by
	Section 30.06(c) [46.035(f)], Penal Code.
	(2)  "State hospital" means the following facilities:
	(A)  the Austin State Hospital;
	(B)  the Big Spring State Hospital;
	(C)  the El Paso Psychiatric Center;
	(D)  the Kerrville State Hospital;
	(E)  the North Texas State Hospital;
	(F)  the Rio Grande State Center;
	(G)  the Rusk State Hospital;
	(H)  the San Antonio State Hospital;
	(I)  the Terrell State Hospital; and
	(J)  the Waco Center for Youth.
	(3)  "Written notice" means a sign that is posted on
	property and that:
	(A)  includes in both English and Spanish written
	language identical to the following: "Pursuant to Section 552.002,
	Health and Safety Code (carrying of handgun by license holder in
	state hospital), a person licensed under Subchapter H, Chapter 411,
	Government Code (handgun licensing law), may not enter this
	property with a handgun";
	(B)  appears in contrasting colors with block
	letters at least one inch in height; and
	(C)  is displayed in a conspicuous manner clearly
	visible to the public at each entrance to the property.
	SECTION 8.  Section 773.0145(a), Health and Safety Code, is
	amended to read as follows:
	(a)  This section applies to:
	(1)  an amusement park, as defined by Section 46.03
	[46.035], Penal Code;
	(2)  a child-care facility, as defined by Section
	42.002, Human Resources Code;
	(3)  a day camp or youth camp, as defined by Section
	141.002;
	(4)  a private or independent institution of higher
	education, as defined by Section 61.003, Education Code;
	(5)  a restaurant, as defined by Section 17.821,
	Business & Commerce Code;
	(6)  a sports venue, as defined by Section 504.151,
	Local Government Code;
	(7)  a youth center, as defined by Section 481.134; or
	(8)  subject to Subsection (b), any other entity that
	the executive commissioner by rule designates as an entity that
	would benefit from the possession and administration of epinephrine
	auto-injectors.
	SECTION 9.  Section 52.062(b), Labor Code, is amended to
	read as follows:
	(b)  Section 52.061 does not prohibit an employer from
	prohibiting an employee who holds a license to carry a handgun under
	Subchapter H, Chapter 411, Government Code, or who otherwise
	lawfully possesses a firearm, from possessing a firearm the
	employee is otherwise authorized by law to possess on the premises
	of the employer's business. In this subsection, "premises" has the
	meaning assigned by Section 46.03(c) [46.035(f)(3)], Penal Code.
	SECTION 10.  Section 30.05, Penal Code, is amended by
	amending Subsection (d) and adding Subsection (i-1) to read as
	follows:
	(d)  An offense under this section is:
	(1)  a Class B misdemeanor, except as provided by
	Subdivisions (2), (3), and (4) [(3)];
	(2)  a Class C misdemeanor punishable by a fine not to
	exceed $200, except as provided by Subdivision (4)(D), if the
	offense is committed under Subsection (i-1);
	(3) [(2)]  a Class C misdemeanor, except as provided by
	Subdivision (3), if the offense is committed:
	(A)  on agricultural land and within 100 feet of
	the boundary of the land; or
	(B)  on residential land and within 100 feet of a
	protected freshwater area; and
	(4) [(3)]  a Class A misdemeanor if:
	(A)  the offense is committed:
	(i)  in a habitation or a shelter center;
	(ii)  on a Superfund site; or
	(iii)  on or in a critical infrastructure
	facility;
	(B)  the offense is committed on or in property of
	an institution of higher education and it is shown on the trial of
	the offense that the person has previously been convicted of:
	(i)  an offense under this section relating
	to entering or remaining on or in property of an institution of
	higher education; or
	(ii)  an offense under Section 51.204(b)(1),
	Education Code, relating to trespassing on the grounds of an
	institution of higher education; or
	(C)  the person carries a deadly weapon during the
	commission of the offense; or
	(D)  if the offense is committed under Subsection
	(i-1) and it is shown on the trial of the offense that, after
	entering the property, the person personally received notice by
	oral communication from the owner of the property, or from someone
	with apparent authority to act for the owner, and subsequently
	failed to depart.
	(i-1)  If the basis on which entry on the property or land or
	in the building was forbidden is that entry with a firearm or other
	weapon was forbidden it is a defense to prosecution under this
	section that the person personally received notice by oral
	communication from the owner of the property, or from someone with
	apparent authority to act for the owner, and promptly departed from
	the property.
	SECTION 11.  Section 30.06, Penal Code, is amended by
	amending Subsection (c) and Subsection (e) to read as follows:
	(c)  In this section:
	(1)  "Entry" has the meaning assigned by Section
	30.05(b).
	(2)  "License holder" means a person licensed to carry
	a handgun under Subchapter H, Chapter 411, Government Code [has the
	meaning assigned by Section 46.035(f)].
	(3)  "Written communication" means:
	(A)  a card or other document on which is written
	language identical to the following: "Pursuant to Section 30.06,
	Penal Code (trespass by license holder with a concealed handgun), a
	person licensed under Subchapter H, Chapter 411, Government Code
	(handgun licensing law), may not enter this property with a
	concealed handgun"; or
	(B)  a sign posted on the property that:
	(i)  includes the language described by
	Paragraph (A) in both English and Spanish;
	(ii)  appears in contrasting colors with
	block letters at least one inch in height; and
	(iii)  is displayed in a conspicuous manner
	clearly visible to the public.
	(e)  It is an exception to the application of this section
	that the property on which the license holder carries a handgun is
	owned or leased by a governmental entity and is not a premises or
	other place on which the license holder is prohibited from carrying
	the handgun under Section 46.03 [or 46.035].
	SECTION 12.  Section 30.07, Penal Code, is amended by
	amending Subsection (c) and Subsection (e), to read as follows:
	(c)  In this section:
	(1)  "Entry" has the meaning assigned by Section
	30.05(b).
	(2)  "License holder" has the meaning assigned by
	Section 30.06(c) [46.035(f)].
	(3) "Written communication" means:
	(A)  a card or other document on which is written
	language identical to the following: "Pursuant to Section 30.07,
	Penal Code (trespass by license holder with an openly carried
	handgun), a person licensed under Subchapter H, Chapter 411,
	Government Code (handgun licensing law), may not enter this
	property with a handgun that is carried openly"; or
	(B)  a sign posted on the property that:
	(i)  includes the language described by
	Paragraph (A) in both English and Spanish;
	(ii)  appears in contrasting colors with
	block letters at least one inch in height; and
	(iii)  is displayed in a conspicuous manner
	clearly visible to the public at each entrance to the property.
	(e)  It is an exception to the application of this section
	that the property on which the license holder openly carries the
	handgun is owned or leased by a governmental entity and is not a
	premises or other place on which the license holder is prohibited
	from carrying the handgun under Section 46.03 [or 46.035].
	SECTION 13.  Section 46.02, Penal Code, is amended by
	amending Subsections (a) and (a-1), and adding Subsection (a-5) to
	read as follows:
	(a)  A person younger than 21 years of age commits an offense
	if the person:
	(1)  intentionally, knowingly, or recklessly carries
	on or about his or her person a handgun; and
	(2)  is not:
	(A)  on the person's own premises or premises
	under the person's control; or
	(B)  inside of or directly en route to a motor
	vehicle or watercraft that is owned by the person or under the
	person's control.
	(a-1)  A person younger than 21 years of age commits an
	offense if the person intentionally, knowingly, or recklessly
	carries on or about his or her person a handgun in a motor vehicle or
	watercraft that is owned by the person or under the person's control
	at any time in which:
	(1)  the handgun is in plain view, unless the person is
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code, and the handgun is carried in a shoulder or belt
	holster; or
	(2)  the person is:
	(A)  engaged in criminal activity, other than a
	Class C misdemeanor that is a violation of a law or ordinance
	regulating traffic or boating;
	(B)  prohibited by law from possessing a firearm;
	or
	(C)  a member of a criminal street gang, as
	defined by Section 71.01.
	(a-5)  A person commits an offense if the person carries a
	handgun on or about their person, and intentionally displays the
	handgun in plain view of another person in a public place. It is an
	exception to the application of this subsection that the handgun
	was partially or wholly visible but was carried in a holster on or
	about the person.
	SECTION 14.  Section 46.03, Penal Code, is amended to read as
	follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly possesses or goes with a firearm,
	location-restricted knife, club, or prohibited weapon listed in
	Section 46.05(a):
	(1)  on the physical premises of a school or
	educational institution, any grounds or building on which an
	activity sponsored by a school or educational institution is being
	conducted, or a passenger transportation vehicle of a school or
	educational institution, whether the school or educational
	institution is public or private, unless:
	(A)  pursuant to written regulations or written
	authorization of the institution; or
	(B)  the person possesses or goes with a concealed
	handgun that the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, and no other weapon to which this
	section applies, on the premises of an institution of higher
	education or private or independent institution of higher
	education, on any grounds or building on which an activity
	sponsored by the institution is being conducted, or in a passenger
	transportation vehicle of the institution;
	(2)  on the premises of a polling place on the day of an
	election or while early voting is in progress;
	(3)  on the premises of any government court or offices
	utilized by the court, unless pursuant to written regulations or
	written authorization of the court;
	(4)  on the premises of a racetrack;
	(5)  in or into a secured area of an airport; [or]
	(6)  within 1,000 feet of premises the location of
	which is designated by the Texas Department of Criminal Justice as a
	place of execution under Article 43.19, Code of Criminal Procedure,
	on a day that a sentence of death is set to be imposed on the
	designated premises and the person received notice that:
	(A)  going within 1,000 feet of the premises with
	a weapon listed under this subsection was prohibited; or
	(B)  possessing a weapon listed under this
	subsection within 1,000 feet of the premises was prohibited;[.
	(a-1)  A person commits an offense if the person
	intentionally, knowingly, or recklessly possesses or goes with a
	location-restricted knife:]
	(7) [(1)]  on the premises of a business that has a
	permit or license issued under Chapter 25, 28, 32, 69, or 74,
	Alcoholic Beverage Code, if the business derives 51 percent or more
	of its income from the sale or service of alcoholic beverages for
	on-premises consumption, as determined by the Texas Alcoholic
	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
	(8) [(2)]  on the premises where a high school,
	collegiate, or professional sporting event or interscholastic
	event is taking place, unless the person is a participant in the
	event and a firearm, location-restricted knife, club, or prohibited
	weapon listed in Section 46.05(a) is used in the event;
	(9) [(3)]  on the premises of a correctional facility;
	(10)  on the premises of a civil commitment facility;
	(11) [(4)]  on the premises of a hospital licensed
	under Chapter 241, Health and Safety Code, or on the premises of a
	nursing facility licensed under Chapter 242, Health and Safety
	Code, unless the person has written authorization of the hospital
	or nursing facility administration, as appropriate;
	(12) [(5)]  on the premises of a mental hospital, as
	defined by Section 571.003, Health and Safety Code, unless the
	person has written authorization of the mental hospital
	administration; or
	(13) [(6)]  in an amusement park[;
	(7)  on the premises of a church, synagogue, or other
	established place of religious worship].
	(a-1)  A person commits an offense if the person carries a
	partially or wholly visible handgun, regardless of whether the
	handgun is holstered, on or about their person and intentionally
	displays the handgun in plain view of another person:
	(1)  on the premises of an institution of higher
	education or private or independent institution of higher
	education; or
	(2)  on any public or private driveway, street,
	sidewalk or walkway, parking lot, parking garage, or other parking
	area of an institution of higher education or private or
	independent institution of higher education.
	(a-2)  Notwithstanding Subsection (a) or Section 46.02(a-5),
	a license holder commits an offense if the license holder carries a
	handgun on the campus of a private or independent institution of
	higher education in this state that has established rules,
	regulations, or other provisions prohibiting license holders from
	carrying handguns pursuant to Section 411.2031(e), Government
	Code, or on the grounds or building on which an activity sponsored
	by such an institution is being conducted, or in a passenger
	transportation vehicle of such an institution, regardless of
	whether the handgun is concealed, provided the institution gives
	effective notice under Section 30.06.
	(a-3)  Notwithstanding Subsection (a) or Section 46.02(a-5),
	a license holder commits an offense if the license holder
	intentionally carries a concealed handgun on a portion of a
	premises located on the campus of an institution of higher
	education in this state on which the carrying of a concealed handgun
	is prohibited by rules, regulations, or other provisions
	established under Section 411.2031(d-1), Government Code, provided
	the institution gives effective notice under Section 30.06 with
	respect to that portion.
	(b)  It is a defense to prosecution under Subsections
	(a)(1)-(4) that the actor possessed a firearm while in the actual
	discharge of his official duties as a member of the armed forces or
	national guard or a guard employed by a penal institution, or an
	officer of the court.
	(c)  In this section:
	(1)  "Amusement park" means a permanent indoor or
	outdoor facility or park where amusement rides are available for
	use by the public that is located in a county with a population of
	more than one million, encompasses at least 75 acres in surface
	area, is enclosed with access only through controlled entries, is
	open for operation more than 120 days in each calendar year, and has
	security guards on the premises at all times. The term does not
	include any public or private driveway, street, sidewalk or
	walkway, parking lot, parking garage, or other parking area.
	(2) [(1)]  "Institution of higher education" and
	"private or independent institution of higher education" have the
	meanings assigned by Section 61.003, Education Code.
	(3)  "Premises" means a building or a portion of a
	building. The term does not include any public or private driveway,
	street, sidewalk or walkway, parking lot, parking garage, or other
	parking area. [(2)  "Amusement park" and "premises" have the
	meanings assigned by Section 46.035.]
	(4) [(3)]  "Secured area" means an area of an airport
	terminal building to which access is controlled by the inspection
	of persons and property under federal law.
	(d)  It is a defense to prosecution under Subsection (a)(5)
	that the actor possessed a firearm or club while traveling to or
	from the actor's place of assignment or in the actual discharge of
	duties as:
	(1)  a member of the armed forces or national guard;
	(2)  a guard employed by a penal institution; or
	(3)  a security officer commissioned by the Texas
	Private Security Board if:
	(A)  the actor is wearing a distinctive uniform;
	and
	(B)  the firearm or club is in plain view; or
	(4)  a security officer who holds a personal protection
	authorization under Chapter 1702, Occupations Code, provided that
	the officer is either:
	(A)  wearing the uniform of a security officer,
	including any uniform or apparel described by Section 1702.323(d),
	Occupations Code, and carrying the officer's firearm in plain view;
	or
	(B)  not wearing the uniform of a security officer
	and carrying the officer's firearm in a concealed manner.
	(e)  It is a defense to prosecution under Subsection (a)(5)
	that the actor checked all firearms as baggage in accordance with
	federal or state law or regulations before entering a secured area.
	(e-1)  It is a defense to prosecution under Subsection (a)(5)
	that the actor:
	(1)  possessed, at the screening checkpoint for the
	secured area, a concealed handgun that the actor was licensed to
	carry under Subchapter H, Chapter 411, Government Code; and
	(2)  exited the screening checkpoint for the secured
	area immediately upon completion of the required screening
	processes and notification that the actor possessed the handgun.
	(e-2)  A peace officer investigating conduct that may
	constitute an offense under Subsection (a)(5) and that consists
	only of an actor's possession of a concealed handgun that the actor
	is licensed to carry under Subchapter H, Chapter 411, Government
	Code, may not arrest the actor for the offense unless:
	(1)  the officer advises the actor of the defense
	available under Subsection (e-1) and gives the actor an opportunity
	to exit the screening checkpoint for the secured area; and
	(2)  the actor does not immediately exit the checkpoint
	upon completion of the required screening processes.
	(f)  Except as provided by Subsection (e-1), it is not a
	defense to prosecution under this section that the actor possessed
	a handgun and was licensed to carry a handgun under Subchapter H,
	Chapter 411, Government Code.
	(g)  Except as provided by Subsection (g-1) and (g-2), an
	offense under this section is a felony of the third degree.
	(g-1)  If the weapon that is the subject of the offense is a
	location-restricted knife, an offense under this section is a Class
	C misdemeanor, except that the offense is a felony of the third
	degree if the offense is committed under Subsection (a)(1).
	(g-2)  An offense committed under Subsections (a)(8),
	(a)(10), (a)(11), (a)(13), (a-1), (a-2), or (a-3) is a Class A
	misdemeanor.
	(h)  It is a defense to prosecution under Subsection (a)(4)
	that the actor possessed a firearm or club while traveling to or
	from the actor's place of assignment or in the actual discharge of
	duties as a security officer commissioned by the Texas Board of
	Private Investigators and Private Security Agencies, if:
	(1)  the actor is wearing a distinctive uniform; and
	(2)  the firearm or club is in plain view.
	(i)  It is an exception to the application of Subsection
	(a)(6) that the actor possessed a firearm or club:
	(1)  while in a vehicle being driven on a public road;
	or
	(2)  at the actor's residence or place of employment.
	SECTION 15.  Section 46.15, Penal Code, is amended by adding
	Subsection (b-1) and amending Subsection (l) to read as follows:
	(b-1)  Section 46.03 does not apply to a person unless the
	person personally received notice by oral communication from the
	owner of the property or from someone with apparent authority to act
	for the owner and subsequently failed to depart.
	(l)  Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and
	(a)(4)[, and 46.035 (a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
	(b)(6)] do not apply to a person who carries a handgun if:
	(1)  the person carries the handgun on the premises, as
	defined by the statute providing the applicable offense, of a
	location operating as an emergency shelter during a state of
	disaster declared under Section 418.014, Government Code, or a
	local state of disaster declared under Section 418.108, Government
	Code;
	(2)  the owner, controller, or operator of the premises
	or a person acting with the apparent authority of the owner,
	controller, or operator, authorized the carrying of the handgun;
	(3)  the person carrying the handgun complies with any
	rules and regulations of the owner, controller, or operator of the
	premises that govern the carrying of a handgun on the premises; and
	(4)  the person is not prohibited by state or federal
	law from possessing a firearm.
	SECTION 16.  The following provisions are repealed:
	(1)  Section 11.041, 11.61(e), 61.11 and 61.71(f),
	Alcoholic Beverage Code;
	(2)  Sections 411.198(b), 411.204(d), and 411.206(c),
	Government Code; and
	(3)  Sections 46.02(c) and 46.035, Penal Code.
	SECTION 17.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 18.  This Act takes effect September 1, 2021.