By: Leman, et al. (Senate Sponsor - Springer)	H.B. No. 4346
	(In the Senate - Received from the House May 6, 2021;
	May 10, 2021, read first time and referred to Committee on State
	Affairs; May 19, 2021, reported favorably by the following vote:
	Yeas 8, Nays 1; May 19, 2021, sent to printer.)
Click here to see the committee vote

	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.
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