By: Leman, Cain, Paul, Vasut, Schofield, H.B. No. 4346
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the possession, carrying, or transportation of a
  firearm or alcoholic beverage by certain persons during the use of
  an easement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 5, Property Code, is
  amended by adding Section 5.020 to read as follows:
         Sec. 5.020.  EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR
  ALCOHOLIC BEVERAGES PROHIBITED. (a) In this section:
               (1)  "Alcoholic beverage" has the meaning assigned by
  Section 1.04, Alcoholic Beverage Code.
               (2)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.  The term includes any firearm parts, firearm
  accessories, and firearm ammunition.
         (b)  An instrument granting an access easement may not
  restrict or prohibit an easement holder or an easement holder's
  guest from possessing, carrying, or transporting a firearm or an
  alcoholic beverage over the servient estate while using the
  easement for the easement's purpose.
         (c)  The owner of a servient estate may not enforce a
  restrictive covenant in an instrument granting an access easement
  over the servient estate that restricts or prohibits the easement
  holder or the easement holder's guest from possessing, carrying, or
  transporting a firearm or an alcoholic beverage over the servient
  estate while using the easement for the easement's purpose.
         SECTION 2.  Section 5.020, Property Code, as added by this
  Act, applies to an easement granted before, on, or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.