Texas Penal Code Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.

(a) A license holder commits an offense if the license holder:

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b). (2) "License holder" 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.

(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (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. Added by Acts 1997, 75th Leg., ch. 1261, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 41, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 42, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 43, eff. January 1, 2016.

Texas Penal Code Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH

AN OPENLY CARRIED HANDGUN.

(a) A license holder commits an offense if the license holder: (1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b). (2) "License holder" 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 30.07, 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.

(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (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. (f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster. Added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 44, eff. January 1, 2016.

Texas Penal Code Sec. 46.03. PLACES WEAPONS PROHIBITED.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal 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.

(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) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (2) "Premises" has the meaning assigned by Section 46.035. (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.

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1001 (H.B. 554), Sec. 1

(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 concealed handgun under Subchapter H, Chapter 411, Government Code.

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 46 (f) 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) An offense under this section is a third degree felony. (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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.21, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 46, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 3, eff. August 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 1001 (H.B. 554), Sec. 1, eff. September 1, 2015.

§ 46.035. Unlawful Carrying of Handgun by License Holder, TX PENAL § 46.035

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Vernon's Texas Statutes and Codes AnnotatedPenal Code (Refs & Annos)

Title 10. Offenses Against Public Health, Safety, and Morals (Refs & Annos)Chapter 46. Weapons (Refs & Annos)

V.T.C.A., Penal Code § 46.035

§ 46.035. Unlawful Carrying of Handgun by License Holder

Effective: September 1, 2015Currentness

<Text of (a) effective until January 1, 2016>

(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the

authority of Subchapter H, Chapter 411, Government Code, 1 and intentionally displays the handgun in plain view of anotherperson in a public place.

<Text of (a) effective January 1, 2016>

(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the

authority of Subchapter H, Chapter 411, Government Code, 1 and intentionally displays the handgun in plain view of anotherperson in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visiblebut was carried in a shoulder or belt holster by the license holder.

<Text of (a-1) effective January 1, 2016 until August 1, 2016>

(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or whollyvisible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority ofSubchapter H, Chapter 411, Government Code, 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 aninstitution of higher education or private or independent institution of higher education.

<Text of (a-1) effective August 1, 2016>

(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or whollyvisible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority ofSubchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of anotherperson:

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(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 aninstitution of higher education or private or independent institution of higher education.

<Text of (a-2) effective August 1, 2016>

(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carriesa handgun on the campus of a private or independent institution of higher education in this state that has establishedrules, 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 theinstitution gives effective notice under Section 30.06.

<Text of (a-3) effective August 1, 2016>

(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionallycarries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in thisstate on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established underSection 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect tothat portion.

<Text of (b) effective until January 1, 2016>

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun underthe authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or aboutthe 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 BeverageCode, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premisesconsumption, 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 homelicensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital ornursing home administration, as appropriate;

(5) in an amusement park; or

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(6) on the premises of a church, synagogue, or other established place of religious worship.

<Text of (b) effective January 1, 2016>

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun underthe authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried ina 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 BeverageCode, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premisesconsumption, 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 facilitylicensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital ornursing 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.

<Text of (c) effective until January 1, 2016>

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun underthe authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, in the roomor rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551,Government Code, and the entity provided notice as required by that chapter.

<Text of (c) effective January 1, 2016>

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun underthe authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in ashoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an openmeeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.

<Text of (d) effective until January 1, 2016>

§ 46.035. Unlawful Carrying of Handgun by License Holder, TX PENAL § 46.035

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(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority ofSubchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

<Text of (d) effective January 1, 2016>

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority ofSubchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder orbelt holster.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a securityofficer commits an offense if, while in the course and scope of the security officer's employment, the security officer violatesa provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) “Amusement park” means a permanent indoor or outdoor facility or park where amusement rides are available for use bythe 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, andhas security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalkor walkway, parking lot, parking garage, or other parking area.

<Text of (f)(1-a) effective January 1, 2016>

(1-a) “Institution of higher education” and “private or independent institution of higher education” have the meaningsassigned by Section 61.003, Education Code.

(2) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government 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.

<Text of (g) effective until January 1, 2016>

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed underSubsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

<Text of (g) effective January 1, 2016>

(g) An offense under this section 2 is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

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<Text of (h) effective until January 1, 2016>

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed thehandgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

<Text of (h) effective January 1, 2016 until August 1, 2016>

(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense,displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly forceunder Chapter 9.

<Text of (h) effective August 1, 2016>

(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission ofthe offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force ordeadly force under Chapter 9.

<Text of subsec. (h-1) as added by Acts 2007, 80th Leg., ch. 1214, § 2>

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

(1) an active judicial officer, as defined by Section 411.201, Government Code; or

(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

<Text of subsec. (h-1) as added by Acts 2007, 80th Leg., ch. 1222, § 5>

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of theoffense, 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) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney,or assistant county attorney.

<Text of (i) effective until January 1, 2016>

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

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<Text of (i) effective January 1, 2016>

(i) 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.

<Text of (j) effective until January 1, 2016>

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the TexasAlcoholic Beverage Commission.

<Text of (j) effective January 1, 2016 until August 1, 2016>

(j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of theTexas Alcoholic Beverage Commission.

<Text of (j) effective August 1, 2016>

(j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with therules of the Texas Alcoholic Beverage Commission.

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204,Government Code.

<Text of (l) effective August 1, 2016>

(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not giveneffective notice under Section 30.06.

CreditsAdded by Acts 1995, 74th Leg., ch. 229, § 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, § 10.04, eff. Sept.1, 1997; Acts 1997, 75th Leg., ch. 1261, §§ 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, § 14.833, eff. Sept. 1,2001; Acts 2005, 79th Leg., ch. 976, § 3, eff. Sept. 1, 2005; Acts 2007, 80th Leg., ch. 1214, § 2, eff. June 15, 2007; Acts 2007,80th Leg., ch. 1222, § 5, eff. June 15, 2007; Acts 2009, 81st Leg., ch. 687, § 1, eff. Sept. 1, 2009; Acts 2013, 83rd Leg., ch. 72(S.B. 299), § 1, eff. Sept. 1, 2013; Acts 2015, 84th Leg., ch. 437 (H.B. 910), §§ 47, 48, eff. Jan. 1, 2016; Acts 2015, 84th Leg.,ch. 438 (S.B. 11), §§ 4, 5, eff. Aug. 1, 2016; Acts 2015, 84th Leg., ch. 593 (S.B. 273), § 2, eff. Sept. 1, 2015.

Notes of Decisions (8)

Footnotes1 V.T.C.A., Government Code § 411.171 et seq.

2 The text reflects an amendment by Acts 2015, 84th Leg., ch. 437 (H.B. 910), § 47 which substitutes “this section” for a list of

subsections. An amendment to (g) by Acts 2015, 84th Leg., ch. 438 (S.B. 11), § 4 retains the list of subsections and amends the

§ 46.035. Unlawful Carrying of Handgun by License Holder, TX PENAL § 46.035

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text to read, “Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e)”. The amendment by Acts 2015, 84th Leg., ch. 438 (S.B. 11) is

effective August 1, 2016.

V. T. C. A., Penal Code § 46.035, TX PENAL § 46.035Current through the end of the 2015 Regular Session of the 84th Legislature

End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.

Texas Government Code Sec. 411.209. WRONGFUL EXCLUSION OF

CONCEALED HANDGUN LICENSE HOLDER.

(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, 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. (b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:

(1) not less than $1,000 and not more than $1,500 for the first violation; and (2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.

(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation. (d) A citizen of this state or a person licensed to carry a concealed 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 citizen or person provides the agency or subdivision a written notice that describes 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 under this subsection must include evidence of the violation and a copy of the written notice. (e) A civil penalty collected by the attorney general under this section shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter B, Chapter 56, Code of Criminal Procedure. (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).

(g) If the attorney general determines that legal action is warranted and that the state agency or political subdivision has not cured the violation within the 15-day period provided by Subsection (f)(3), the attorney general or the appropriate county or district attorney may sue to collect the civil penalty provided by Subsection (b). The attorney general may also file a petition for a writ

of mandamus or apply for other appropriate equitable relief. A suit or petition under this subsection may be filed in a district court in Travis County or in a county in which the principal office of the state agency or political subdivision is located. The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs. (h) Sovereign immunity to suit is waived and abolished to the extent of liability created by this section. Added by Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273), Sec. 1, eff. September 1, 2015.

SAMPLE ORDER OF THE COMMISSIONERS COURT OF _________________ COUNTY, TEXAS PROHIBITING WEAPONS FROM BEING BROUGHT INTO THE [COURTHOUSE, COURTHOUSE ANNEX, OR JUVENILE JUSTICE CENTER], INCLUDING HANDGUNS POSSESSED BY A HANDGUN LICENSEE, WHETHER CONCEALED OR OPENLY CARRIED, EXCEPTING LICENSED PEACE OFFICERS OR OTHERS EXPRESSLY AUTHORIZED TO CARRY A GUN IN COURTS OR COURT OFFICES BY STATUTE; PROVIDING FOR THE ERECTION OF SIGNS; AND PROVIDING FOR ERECTION OF SIGNS AT CORRECTIONAL FACILITIES

INTRODUCTION This Commissioners Court supports the right of handgun license holders to carry handguns. However, those involved in the judicial process also have a right to safety and security.

RECITALS

WHEREAS, the Texas Legislature passed a law making it unlawful for local governments to exclude persons carrying a handgun from government buildings if they have a handgun license. An exception is that a licensee may not carry a handgun onto the premises of a court or court offices;1

WHEREAS, there has been significant confusion over application of the law. Some have taken the position that the handgun prohibition only applies to an actual courtroom or court office and not the premises of the building in which they are housed. In other words some have taken the position that a licensee is free to enter the building with a handgun, walk through shared halls, common areas, stairwells, etc., as long as the licensee does not enter an actual courtroom or actual court office. However, this view disregards the fact that hallways, common areas, stairwells, elevators, and restrooms are used by the persons involved in the judicial process, including judges, jurors, witnesses, parties, prosecutors, attorneys, and judicial personnel. Indeed, beyond the use for ingress and egress; jurors, witnesses and parties often wait or are sent out to wait in the halls and common areas. Likewise, it would be impossible to hold judicial proceedings without access to restrooms being available. This view also does not have a conclusive basis in law;

WHEREAS, the District Courts, County Courts at Law, and Precinct Justice Courts have been consulted and have issued orders finding areas essential to the operations of their courts. These areas include the foyer, hallways, common areas, stairwells, elevators, and restrooms in the _____________________ [County Courthouse and Courthouse Annex, and the Juvenile Justice Center]. These Orders are attached hereto as Attachment "A" and are incorporated by reference herein;

WHEREAS, divorce cases, child custody disputes, criminal cases, business or land disputes, and even traffic or code citations, are often emotionally charged. Once in the building with a handgun, nothing stops a person from coming into contact with judges, judicial officers, jurors, witnesses, prosecutors, attorneys, etc. in common areas, stairwells, hallways, etc. Furthermore, once that entry occurs, in order to keep some semblance of security, a security officer would have to be pulled from his or her regular duties to follow the person around to make sure

1 Section 46.03, Penal Code ("on the premises of any government court or offices utilized by the court"). "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."

that the person does not attempt to enter a courtroom or court offices. However, at that point a great deal of the benefit of having a security checkpoint at the entrance to the Courthouse is already lost, as the individual is already walking through the common areas of the building---just like the judges, attorneys, prosecutors, parties, witnesses, jurors etc. Furthermore, if the individual does try to enter a courtroom or court-related office, or confront a witness, party, prosecutor, judge, etc.---the officer's response, which could include the use of force if the person refuses commands, is taking place in the middle of the Courthouse. The same is true of establishing separately manned security checkpoints at each courtroom or court office. The risks are greater in buildings housing judicial functions because of the emotions involved in court proceedings. The fact that the vast majority of handgun license holders are good people will be of little consolation to the family of a judge, court reporter, attorney, party, witness or juror killed when an exception to that rule occurs;

WHEREAS, in addition, the hallways and common areas of the Courthouse are routinely filled with people charged with criminal conduct and their associates, and persons involved in family law or other emotionally charged disputes. This increases the likelihood of a person being disarmed and the weapon being used for a violent purpose;

WHEREAS, the premises of the ________________ County Courthouse is almost exclusively devoted to courts and court offices. The Courthouse Annex is accessed through the Courthouse. The Annex has a courtroom that is used for impaneling juries, hearing certain docket matters, and cases requiring a larger courtroom. The electronic monitoring office to carry out orders of the courts is in the Annex. In addition, the District Clerk's Office is located in the Annex2, and the new CPS Court is housed in the Annex. The Juvenile Justice Center has a court accessible immediately after entry into the building (in addition to housing a juvenile detention center). These buildings are hereinafter referred to as "Affected Buildings;" and

WHEREAS, based on the findings of the courts attached hereto, knowledge of the general day-to-day activities in the Affected Buildings, knowledge of the layouts of the Affected Buildings, and common sense- the hallways, common areas, stairwells, elevators and restrooms in the Affected Buildings are integral to the courts and court offices identified by the courts, and essential to the operations of the courts; and the safety of the judiciary and others involved in the judicial process cannot be adequately protected without prohibiting weapons (including handguns carried by handgun license holders) from being brought into the Affected Buildings by other than licensed peace officers and persons otherwise expressly authorized by statute to carry a weapon on the premises of a court or court offices.

NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF _____________________ COUNTY, TEXAS THAT: 1. The foregoing recitals are incorporated herein and made findings of this Commissioners Court; 2. Persons other than licensed peace officers or persons otherwise expressly authorized by statute to carry a weapon on the premises of a court or court offices are prohibited from bringing weapons into an Affected Building (as defined above). This prohibition shall also apply to handguns carried or possessed by a person having a handgun license or permit, whether the handgun is concealed or openly carried;

2 The district clerk is the "court clerk" for the district courts. "[T]he duties of the district clerk are virtually entirely judicial ....." 36 Tex. Prac., County And Special District Law § 22.29 (2d ed.).

3. Signs be erected at the entrances to the Affected Buildings giving notice under Sections 46.03, 30.06 and 30.07 of the Texas Penal Code; 4. Signs be erected at County correctional facilities, including at the Juvenile Justice Center, giving notice under Sections 38.11, 46.035, 30.06 and 30.07 of the Penal Code; 5. Signs be erected at the entrance(s) to the Title IV-D Court offices (which is separated from the rest of the building) giving notice under Sections 46.03, 30.06 and 30.07 of the Texas Penal Code; and 6. Expenditures for the signage and signage installation are hereby approved. PASSED this ____ day of January, 2016. ________________________________ County Judge Attest: _____________________________ County Clerk

SAMPLE RESOLUTION Prohibiting Weapons

ORDER OF THE COMMISSIONERS COURT OF _______________ COUNTY, TEXAS PROHIBITING WEAPONS FROM BEING BROUGHT INTO THE COURTHOUSE, INCLUDING HANDGUNS POSSESSED BY A HANDGUN LICENSE, WHETHER CONCEALED OR OPENLY CARRIED, EXCEPTING LICENSED PEACE OFFICERS OR OTHERS EXPRESSLY AUTHORIZED TO CARRY A GUN IN COURT OR COURT OFFICES BY STATUTE; PROVIDING FOR THE ERECTION OF SIGNS; AND PROVIDING FOR ERECTION OF SIGNS AT CORRECTIONAL FACILITIES

INTRODUCTION This Commissioners Court supports the right of handgun license to carry handguns. However, those involved in the judicial process also have a right to safety and security.

RECITALS

WHEREAS, the Texas Legislature passed a law making it unlawful for local governments to exclude persons carrying a handgun from certain government building if they have a handgun license. An exception is that a licensee may not carry a handgun onto the premises of a court or court offices;1

WHEREAS, there has been significant confusion over application of the law. Some have taken the position that the handgun prohibition only applies to an actual courtroom or court office and not the premises of the building in which they are housed. In other words some have taken the position that a licensee is free to enter the building with a handgun, walk through shared halls, common areas, stairwells, etc., as long as the licensee does not enter an actual courtroom or actual court office. However, this view disregards the fact that hallways, common areas, stairwells, elevators, and restrooms are used by the persons involved in the judicial process, including judges, jurors, witnesses, parties, prosecutors, attorneys, and judicial personnel. Indeed, beyond the use for ingress and egress; jurors, witnesses and parties often wait or are sent out to wait in the halls and common areas. Likewise, it would be impossible to hold judicial proceedings without access to restrooms being available. This view also does not have a conclusive basis in law;

WHEREAS, the District Courts, County Court, and Precinct 1 and 2 Justice Courts have been consulted and have signed orders finding areas essential to the operations of their court. These areas include the hallways, common areas, stairwells, elevators, and restrooms in the _______________ County Courthouse. These Orders are attached hereto as Attachment "A" and are incorporated by reference herein;

1 Section 46.03, Penal Code (''on the premises of any government court or offices utilized by the court"). "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."

WHEREAS, divorce cases, child custody disputes, criminal cases, juvenile and truancy proceedings, business or land disputes, and even traffic or code citations, are often emotionally charged. Once in the building with a handgun, nothing stops a person from coming into contact with judges, judicial officers, jurors, witnesses, prosecutors, attorneys, etc. in common areas, stairwells, hallways, etc. Furthermore, once that entry occurs, in order to keep some semblance of security, a security officer would have to be pulled from his or her regular duties to follow the person around to make sure that the person does not attempt to enter a courtroom or court offices. However, at that point a great deal of the benefit of having a security checkpoint at the entrance to the Courthouse is already lost, as the individual is already walking through the common areas of the building--just like the judges, attorneys, prosecutors, parties, witnesses, jurors etc. Furthermore, if the individual does try to enter a courtroom or court-related office, or confront a witness, party, prosecutor, judge, etc.---the officer's response, which could include the use of force if the person refuses commands, is taking place in the middle of the Courthouse. The same is true of establishing separately manned security checkpoints at each courtroom or court office. The risks are greater in buildings housing judicial functions because of the emotions involved in court proceedings. The fact that the vast majority of handgun license holders are good people will be of little consolation to the family of a judge, court report, attorney, party, witness or juror killed when an exception to that rule occurs;

WHEREAS, in addition, the hallways and common areas of the Courthouse are routinely filled with other people charged with criminal conduct and their associates, and persons involved in family law or other emotionally charged disputes. This increases the likelihood of a person being disarmed and the weapon being used for a violent purpose;

WHEREAS, based on the findings of the courts attached hereto, knowledge of the general day-to-day activities in the Affected Buildings, knowledge of the layouts of the Affected Buildings, and common sense- the hallways, common areas, stairwells, elevators and restrooms in the Affected Buildings are integral to the courts and court offices identified by the courts, and essential to the operations of the courts; and the safety of the judiciary and other involved in the judicial process cannot be adequately protected without prohibiting weapons (including handguns carried by handgun license holders) from being brought into the Affected Buildings by other than licensed peace officers and persons otherwise expressly authorized by statute to carry a weapon on the premises of a court or court offices. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF ______________ COUNTY, TEXAS THAT: 1. The foregoing recitals are incorporated herein and made findings of this Commissions Court; 2. Persons other than licensed peace officers or persons otherwise expressly authorized by statute to carry a weapon on the premises of a court or court offices are prohibited from bringing weapons into an Affected Building (as defined above). This prohibition shall also apply to handguns carried or possessed by a person having a handgun license or permit, whether the handgun is concealed or openly carried;

3. Signs be erected at the entrances to the Affected Buildings giving notice under Sections 46.03, 30.06 and 30.07 of the Texas Penal Code; 4. Signs be erected at County correctional facilities, giving notice under Sections 38.11, 46.035, 30.06 and 30.07 of the Penal Code; 5. Expenditures for the signage and signage installation are hereby approved. PASSED this _____ day of January, 2016. ____________________________ ____________________________ County Judge County Clerk

SAMPLE JOINT ORDER OF THE DISTRICT JUDGES OF

_____________ COUNTY, TEXAS FINDING AREAS

ESSENTIAL TO OPERATIONS OF THEIR COURTS

The District Judges of ________________ County, Texas hereby find that the following are essential to the operations of their Courts: • All District Courtrooms; • All Judge's Chambers; • All Jury rooms; • Grand Jury Room; • Court Administrators' offices; • All offices related to administration of the courts; • Indigent Defense Office; • Personal and Bail Bond Office; • Attorney consultation rooms; • Restrooms (which are used by jurors, parties, witnesses, and attorneys); • Visiting Courtroom ( Courthouse Annex); • District Clerk's Office (Courthouse Annex); • All foyers, hallways, stairwells, elevators, or common areas in the _____________County Courthouse or the Courthouse Annex used to access any of the foregoing, or used as a waiting area for parties, witnesses or jurors. In addition, the Judge of the _________ District Court finds that the foyer of the Juvenile Justice Center is essential to the operation of his Court. As part of these findings it is found that the hallways, common areas, stairwells, elevators, and restrooms are all used by jurors, witnesses, attorneys, prosecutors, parties and judicial personnel. Use of these areas is integral and necessary to the operations of our courts. In addition, jurors, parties, and witnesses often wait or are required to wait in hallways and common areas.

[Signatures of District Judges]

SAMPLE JOINT ORDER OF THE JUSTICES OF THE PEACE OF PRECINCTS _ & __ FINDING AREAS ESSENTIAL TO OPERATIONS OF THEIR COURTS

The Justices of the Peace of Precinct _ & _ of _______ County hereby find that the following are essential to the operations of their Courts: • JP Courtroom; • Judges' Chambers; • JP Court Clerk offices; • JP Court Collections office; • Restrooms (which are used by jurors, parties and attorneys); • All hallways or common areas on the First and Second Floor of the ____________ County Courthouse used to access any of the foregoing, and used for waiting areas for jurors, witnesses and parties. As part of these findings it is found that the hallways, common areas, stairwells, elevators and restrooms are all used by jurors, witnesses, attorneys, prosecutors, parties and judicial personnel. Use of these areas is integral and necessary to the operations of our courts. In addition, jurors, parties, and witnesses often wait or are required to wait in hallways and common areas. [Signature of Justices of the Peace]