Texas 2019 Gun Legislation

Texas 2019 Gun Legislation

Texas 2019 Gun Legislation index

  1. House Bill 1143
  2. House Bill 2363
  3. House Bill 302
  4. Senate Bill 535
  5. House Bill 1791
  6. House Bill 1177
  7. House Bill 121
  8. Senate Bill 741
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TX 2019 Gun Legislation Discussed

House Bill 1143

House Bill 1143

SECTION 1. Section 37.0815(a), Education Code, is amended to read as follows:

  1. A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school and may not regulate the manner in which the handgun, firearm, or ammunition is stored in the vehicle, provided that the handgun, firearm, or ammunition is not in plain view.

SECTION 2. This Act applies beginning with the 2019-2020 school year.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

This is the bill in its entirety. Since is was a small one, I pasted the entire thing here. The portions underlined in the above text are the added verbiage. No verbiage was removed from the text.

Since this bill was passed with at least 2/3rds majority, and was signed by Gov. Abbott, this bill goes into effect 1 September 2019.

House Bill 2363

House Bill 2363

SECTION 1. Section 42.042(e-1), Human Resources Code, is amended to read as follows:

(e-1) The commission [department] may not prohibit possession of lawfully permitted firearms and ammunition in an agency foster home. Minimum standards may be adopted under this section relating to safety and proper storage of firearms and ammunition. The minimum standards must allow [, including standards requiring] firearms and ammunition to be stored separately or stored together in the same locked location if the firearms are stored with a trigger locking device attached to the firearms [locations].

SECTION 2. This Act takes effect September 1, 2019.

The portions of the text above showing a strikethrough is text being removed from the document. Portions of the text above that are underlined is text being added.

House Bill 302

House Bill 302

This one is a long one so I will post it here. The link above will take you to House Bill 302 and allow you to read it for yourself. This bill states that it is a defense to prosecution for a person living in an apartment complex, or their guests, to store their weapons and/or ammunition in their car in the parking provided by the complex, or in the unix in which they live or are a guest. The tenant or their guest may also transport their weapon and/or ammunition to and from the unit which they occupy and the parked vehicle.

Two things to note here. This is my summation of the bill so please read it for yourself. Second, the bill states that it is a defense to prosecution. Meaning you may still be arrested but siting this law is a positive defense to prosecution in a court of law.

Senate Bill 535

Senate Bill 535

SECTION 1. Sections 46.035(b) and (i), Penal Code, are amended to read as follows:

  1. A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
    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;
    2. on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
    3. on the premises of a correctional facility;
    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 license holder has written authorization of the hospital or nursing facility administration, as appropriate;
    5. in an amusement park; or
    6. [on the premises of a church, synagogue, or other established place of religious worship; or]
    7. on the premises of a civil commitment facility.
      1. Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

SECTION 2. Section 46.035(h-1), Penal Code, as added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows:

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), (4), and (5)[, and (6)] and (c) that at the time of the commission of the offense, the actor was:

  1. a judge or justice of a federal court;
  2. an active judicial officer, as defined by Section 411.201, Government Code; or
  3. the attorney general or a United States attorney, assistant United States attorney, assistant attorney general, district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

SECTION 3. 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 at the time 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 4. This Act takes effect September 1, 2019.

Sections 46.035(b) and (i) of the Penal Code defined a list of places where carries a weapon. A 51% establishment, where a high school, college, or professional sporting event is taking place, a correctional facility, hospitals, amusement parks, churches, synagogues, or ther religious temples. It then states in (i) that b-4 (Hospiptals); b-5 (Amusement parks); and b-6 (churches, synagogues, etc); do not apply if not given effective notice under sections 30.06 and/or 30.07.

This bill just strikes out item b-6 which was already excluded per a previous update.

House Bill 1791

House Bill 1791

SECTION 1. Section 411.209, Government Code, is amended by amending Subsections (a), (d), and (f) and adding Subsection (j) to read as follows:

  1. 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.
  1. 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.
  1. 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).
  1. 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.

This particular bill adds a bit of verbiage to the existing law and removes about the same. It appears to me like it intends to clear up the language that a government building, owned by the state, or a sub-division of the state, cannot post 30.06 and 30.07 signage. Nor can someone working in the building provide verbial notices of such. It is still up to us as licensed carriers to provide the building occupants of the violation, and to copy the State Attorney General of the violation and notification of that violation. The agency or political sub-division has 15 days of receiving notification to correct the signage.

It also adds section (j) to state the definition of premises to be co-compliant with other Texas gun laws.

House Bill 1177

House Bill 1177

SECTION 1. Section 46.15, Penal Code, is amended by adding Subsections (k) and (l) to read as follows:

  1. Section 46.02 does not apply to a person who carries a handgun if:
    1. the person carries the handgun while:
      1. evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or
      2. reentering that area following the person's evacuation;
    2. not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and
    3. the person is not prohibited by state or federal law from possessing a firearm.
  2. 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 2. 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 was committed before that date.

SECTION 3. This Act takes effect September 1, 2019.

House Bill 1177 suspends 46.02 during evacuation at a time of state declared or natural disaster and while re-entering the area after a mandidory evacuation was declared.

House Bill 121

House Bill 121

SECTION 1. Section 30.06, Penal Code, is amended by adding Subsection (g) to read as follows:

  1. It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.

SECTION 2. Section 30.07, Penal Code, is amended by adding Subsection (h) to read as follows:

  1. It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.

SECTION 3. 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 4. This Act takes effect September 1, 2019.

This one adds simple language and likely is just codifying legal precedent. The verbiage states that it is a defence to procedution thatthe person carrying a weapon promptly left the premises after being given oral notice of either 30.06 and/or 30.07. If I had to venture a guess, there were some who would call the police after the fact to have a LTC arrested even though they left upon request. While this verbiage does not prevent the arrest, it does provide an affirmative defense during procecution.

Senate Bill 741

Senate Bill 741

SECTION 1. Chapter 202, Property Code, is amended by adding Section 202.020 to read as follows:

Sec. 202.020. REGULATION OF FIREARMS OR FIREARM AMMUNITION. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.

SECTION 2. This Act takes effect September 1, 2019.

This one is simple enough. A home owners' association cannot prevent anyone from owning, transporting, possesing, or carrying a weapon they are legaly allow to.
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