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A BILL TO BE ENTITLED
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AN ACT
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relating to certain laws relating to carrying concealed handguns on |
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property owned or leased by a governmental entity; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 30, Penal Code, is amended by adding |
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Section 30.061 to read as follows: |
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Sec. 30.061. WRONGFUL EXCLUSION OF CONCEALED HANDGUN |
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LICENSE HOLDER. (a) In this section: |
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(1) "License holder" has the meaning assigned by |
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Section 46.035(f). |
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(2) "Public employee" means an employee or appointed |
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officer other than an independent contractor who is paid to perform |
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services for a state or local governmental entity. |
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(b) A person commits an offense if the person is a public |
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employee who provides notice under Section 30.06 to a license |
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holder carrying a handgun under the authority of Subchapter H, |
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Chapter 411, Government Code, that entering or remaining on a |
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premises or other place owned or leased by a governmental entity is |
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prohibited and: |
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(1) the license holder is not prohibited from carrying |
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a handgun on the premises or other place by Section 46.03 or Section |
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46.035; and |
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(2) the public employee is reckless as to whether a |
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license holder is prohibited from carrying a handgun on the |
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premises or other place. |
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(c) An offense under this section is a Class C misdemeanor |
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with a minimum fine of $250. If it is shown on the trial of the |
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offense that the notice was provided by written communication, each |
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day of a continuing violation constitutes a separate violation. |
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SECTION 2. Section 46.035(c), Penal Code, is amended to |
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read as follows: |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, in the room or rooms |
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where a [at any] meeting of a governmental entity is held and if the |
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meeting is an open meeting subject to Chapter 551, Government Code, |
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and the entity provided notice as required by that chapter. |
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SECTION 3. The change in law made by this Act in amending |
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Section 46.035(c), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |