86R4858 AJZ-F
 
  By: Anchia H.B. No. 1166
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to wrongful exclusion of handgun license holders from
  certain property owned by or leased to a governmental entity and to
  certain offenses relating to the carrying of handguns on that
  property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.209, Government Code, is amended by
  amending Subsections (a), (d), and (f), and adding Subsection (d-1)
  to read as follows:
         (a)  Except as provided by Subsection (i), a state agency or
  a political subdivision of the state may not provide notice by a
  communication described by Section 30.06 or 30.07, Penal Code, or
  by any sign expressly referring to either of those provisions [that
  law] or to a license to carry a handgun, that a license holder
  carrying a handgun under the authority of this subchapter is
  prohibited from entering or remaining on a premises or other place
  owned and occupied by the governmental entity or leased to and
  occupied by the governmental entity unless license holders are
  prohibited from carrying a handgun on the premises or other place by
  Section 46.03 or 46.035, Penal Code, or other law.
         (d)  A resident of this state or a person licensed to carry a
  handgun under this subchapter may file a complaint with the
  attorney general that a state agency or political subdivision is in
  violation of Subsection (a) if the resident or license holder
  [person] provides the agency or subdivision a written notice that
  describes the 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.  The written notice provided under
  this subsection must include a copy of any document alleged to be in
  violation or must describe the specific location of any sign found
  to be in violation.
         (d-1)  A complaint filed with the attorney general under
  Subsection (d) [this subsection] must include evidence of the
  violation and a copy of the written notice provided to the agency or
  subdivision.
         (f)  Before a suit may be brought against a state agency or a
  political subdivision of the state for a violation of Subsection
  (a), the attorney general must investigate the complaint to
  determine whether legal action is warranted.  If legal action is
  warranted, the attorney general must give the chief administrative
  officer of the agency or political subdivision charged with the
  violation a written notice that:
               (1)  describes the violation and includes the
  information described by Subsection (d) [specific location of the
  sign found to be in violation];
               (2)  states the amount of the proposed penalty for the
  violation; and
               (3)  gives the agency or political subdivision 15 days
  from receipt of the notice to [remove the sign and] cure the
  violation to avoid the penalty, unless the agency or political
  subdivision was found liable by a court for previously violating
  Subsection (a).
         SECTION 2.  Section 30.06(e), Penal Code, is amended to read
  as follows:
         (e)  It is an exception to the application of this section
  that the property on which the license holder carries a handgun:
               (1)  is owned and occupied [or leased] by a
  governmental entity or leased to and occupied by a governmental
  entity; and
               (2)  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 3.  Section 30.07(e), Penal Code, is amended to read
  as follows:
         (e)  It is an exception to the application of this section
  that the property on which the license holder openly carries the
  handgun:
               (1)  is owned and occupied [or leased] by a
  governmental entity or leased to and occupied by a governmental
  entity; and
               (2)  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 4.  The change in law made by this Act applies only
  to conduct that occurs on or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2019.