87R8153 JSC-D     By: Hefner H.B. No. 2900       A BILL TO BE ENTITLED   AN ACT   relating to provisions governing the carrying of a firearm by a   person who is not otherwise prohibited by state or federal law from   possessing the firearm and to other provisions related to the   carrying, possessing, transporting, or storing of a firearm; making   conforming changes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  SHORT TITLE          SECTION 1.01.  This Act shall be known as the Texas   Constitutional Carry Act of 2021.   ARTICLE 2.  CARRYING OF HANDGUNS, FIREARMS, AND OTHER WEAPONS;   CRIMINAL PENALTIES          SECTION 2.01.  The heading to Section 46.02, Penal Code, is   amended to read as follows:          Sec. 46.02.  UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED   WEAPONS.          SECTION 2.02.  Section 46.02(b), Penal Code, is amended to   read as follows:          (b)  An [Except as provided by Subsection (c) or (d), an]   offense under this section is a Class C [A] misdemeanor.          SECTION 2.03.  Sections 46.03(a), (e-1), (e-2), and (f),   Penal Code, are amended to read as follows:          (a)  A person commits an offense if the person intentionally,   knowingly, or recklessly possesses or goes with a firearm,   location-restricted 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 is not otherwise prohibited by law   from possessing a firearm and 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.          (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 not   otherwise prohibited by state or federal law from possessing   [licensed to carry under Subchapter H, Chapter 411, Government   Code]; and                (2)  exited the screening checkpoint for the secured   area immediately on [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 not otherwise prohibited by state or federal law from   possessing [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   on [upon] completion of the required screening processes.          (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:                (1)  licensed to carry a handgun under Subchapter H,   Chapter 411, Government Code; or                (2)  not otherwise prohibited by state or federal law   from possessing a firearm.          SECTION 2.04.  Chapter 46, Penal Code, is amended by adding   Section 46.032 to read as follows:          Sec. 46.032.  CARRYING OF HANDGUN. Except as otherwise   provided by this chapter or other law, a person who is not otherwise   prohibited from possessing a firearm under Section 46.04 of this   code, 18 U.S.C. Section 922, or other law:                (1)  is not prohibited from carrying a concealed   handgun or a partially or wholly visible handgun in a holster; and                (2)  may not be required to obtain or hold a license for   that purpose.          SECTION 2.05.  The heading to Section 46.035, Penal Code, is   amended to read as follows:          Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN [BY LICENSE   HOLDER].          SECTION 2.06.  Sections 46.035(a), (a-2), (a-3), (b), (c),   (d), (h), and (j), Penal Code, are amended to read as follows:          (a)  A person [license holder] commits an offense if the   person [license holder] carries a handgun [on or about the license   holder's person under the authority of Subchapter H, Chapter 411,   Government Code,] and intentionally displays the handgun in plain   view of another person in a public place. It is an exception to the   application of this subsection that the handgun was partially or   wholly visible but was carried in a [shoulder or belt] holster [by   the license holder].          (a-2)  Notwithstanding Subsection (a) or Section 46.03(a), a   person [license holder] commits an offense if the person [license   holder] carries a handgun on the campus of a private or independent   institution of higher education in this state that has established   rules, regulations, or other provisions prohibiting a person   [license holders] from carrying a handgun under [handguns pursuant   to] Section 51.992(h), Education [411.2031(e), Government] Code,   or on the grounds or building on which an activity sponsored by the   [such an] institution is being conducted, or in a passenger   transportation vehicle of the [such an] institution, regardless of   whether the handgun is concealed or carried in a holster, provided   the institution gives effective notice under Section 30.06 or   30.07, as applicable.          (a-3)  Notwithstanding Subsection (a) or Section 46.03(a), a   person [license holder] commits an offense if the person [license   holder] intentionally carries a [concealed] handgun on a portion of   a premises located on the campus of an institution of higher   education in this state on which the carrying of a [concealed]   handgun is prohibited by rules, regulations, or other provisions   established under Section 51.992(d), Education [411.2031(d-1),   Government] Code, provided the institution gives effective notice   under Section 30.06 or 30.07, as applicable, with respect to that   portion.          (b)  A person [license holder] commits an offense if the   person [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 person [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 person [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 civil commitment facility.          (c)  A person [license holder] commits an offense if:                (1)  the person [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,   in the room or rooms where a meeting of a governmental entity is   held; and                (2)  [if] the meeting described by Subdivision (1) is   an open meeting subject to Chapter 551, Government Code, and the   entity provided notice as required by that chapter.          (d)  A person [license holder] commits an offense if the   person[, while intoxicated, the license holder] carries a handgun   while the person is intoxicated [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.          (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 of the offense, displayed the handgun under   circumstances in which the actor would have been justified in the   use of force or deadly force under Chapter 9.          (j)  Subsections (a), [(a-1),] (a-2), (a-3), and (b)(1) do   not apply to a historical reenactment performed in compliance with   the rules of the Texas Alcoholic Beverage Commission.          SECTION 2.07.  Section 46.02(a-1), Penal Code, is   transferred to Section 46.035, Penal Code, redesignated as Section   46.035(d-1), Penal Code, and amended to read as follows:          (d-1) [(a-1)]  A person commits an offense if the person   intentionally, knowingly, or recklessly carries [on or about his or   her person] a handgun, regardless of whether the handgun is   concealed or carried in a holster, [in a motor vehicle or watercraft   that is owned by the person or under the person's control] at any   time in which[:                [(1)  the handgun is in plain view, unless the person is   licensed to carry a handgun under Subchapter H, Chapter 411,   Government Code, and the handgun is carried in a shoulder or belt   holster; or                [(2)]  the person is:                (1) [(A)]  engaged in criminal activity, other than a   Class C misdemeanor that is a violation of a law or ordinance   regulating traffic or boating; or                (2)  otherwise [(B)] prohibited by law from possessing   a firearm[; or                [(C)  a member of a criminal street gang, as defined by   Section 71.01].          SECTION 2.08.  Sections 46.15(a), (h), and (l), Penal Code,   are amended to read as follows:          (a)  Sections [46.02 and] 46.03 and 46.035(b) and (c) do not   apply to:                (1)  peace officers or special investigators under   Article 2.122, Code of Criminal Procedure, and none of those   sections prohibit [neither section prohibits] a peace officer or   special investigator from carrying a weapon in this state,   including in an establishment in this state serving the public,   regardless of whether the peace officer or special investigator is   engaged in the actual discharge of the officer's or investigator's   duties while carrying the weapon;                (2)  parole officers, and none of those sections   prohibit [neither section prohibits] an officer from carrying a   weapon in this state if the officer is:                      (A)  engaged in the actual discharge of the   officer's duties while carrying the weapon; and                      (B)  in compliance with policies and procedures   adopted by the Texas Department of Criminal Justice regarding the   possession of a weapon by an officer while on duty;                (3)  community supervision and corrections department   officers appointed or employed under Section 76.004, Government   Code, and none of those sections prohibit [neither section   prohibits] an officer from carrying a weapon in this state if the   officer is:                      (A)  engaged in the actual discharge of the   officer's duties while carrying the weapon; and                      (B)  authorized to carry a weapon under Section   76.0051, Government Code;                (4)  an active judicial officer as defined by Section   411.201, Government Code, who is licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code;                (5)  an honorably retired peace officer or other   qualified retired law enforcement officer, as defined by 18 U.S.C.   Section 926C, who holds a certificate of proficiency issued under   Section 1701.357, Occupations Code, and is carrying a photo   identification that is issued by a federal, state, or local law   enforcement agency, as applicable, and that verifies that the   officer is an honorably retired peace officer or other qualified   retired law enforcement officer;                (6)  the attorney general or a United States attorney,   district attorney, criminal district attorney, county attorney, or   municipal attorney who is licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code;                (7)  an assistant United States attorney, assistant   attorney general, assistant district attorney, assistant criminal   district attorney, or assistant county attorney who is licensed to   carry a handgun under Subchapter H, Chapter 411, Government Code;                (8)  a bailiff designated by an active judicial officer   as defined by Section 411.201, Government Code, who is:                      (A)  licensed to carry a handgun under Subchapter   H, Chapter 411, Government Code; and                      (B)  engaged in escorting the judicial officer;                (9)  a juvenile probation officer who is authorized to   carry a firearm under Section 142.006, Human Resources Code; [or]                (10)  a person who is volunteer emergency services   personnel if the person is:                      (A)  licensed to carry [carrying] a handgun under   [the authority of] Subchapter H, Chapter 411, Government Code; and                      (B)  engaged in providing emergency services; or                (11)  a judge or justice of a federal court who is   licensed to carry a handgun under Subchapter H, Chapter 411,   Government Code.          (h)  The provisions of Section [Sections 46.02 and] 46.03   prohibiting the possession or carrying of a club do not apply to a   code enforcement officer who:                (1)  holds a certificate of registration issued under   Chapter 1952, Occupations Code; and                (2)  possesses or carries an instrument used   specifically for deterring an animal bite while the officer is:                      (A)  performing official duties; or                      (B)  traveling to or from a place of duty.          (l)  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 2.09.  The following provisions are repealed:                (1)  Sections 46.02(a), (c), and (d), Penal Code;                (2)  Section 46.035(f)(2), Penal Code;                (3)  Section 46.035(a-1), Penal Code, as added by   Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular   Session, 2015;                (4)  Section 46.035(a-1), Penal Code, as added by   Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular   Session, 2015;                (5)  Section 46.035(h-1), Penal Code, as added by   Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular   Session, 2007;                (6)  Section 46.035(h-1), Penal Code, as added by   Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular   Session, 2007; and                (7)  Sections 46.15(b), (d), (j), and (k), Penal Code.   ARTICLE 3.  SIGNS AND NOTICE FOR LOCATIONS WHERE HANDGUNS,   FIREARMS, OR OTHER WEAPONS PROHIBITED          SECTION 3.01.  Section 411.204(c), Government Code, is   amended to read as follows:          (c)  The sign required under Subsections (a) and (b) must   give notice in both English and Spanish that it is unlawful for a   person, regardless of whether the person is licensed under this   subchapter, to carry a handgun on the premises. The sign must   appear in contrasting colors with block letters at least one inch in   height and must include on its face the number "51" printed in solid   red at least five inches in height. The sign shall be displayed in a   conspicuous manner clearly visible to the public.          SECTION 3.02.  The heading to Section 411.209, Government   Code, is amended to read as follows:          Sec. 411.209.  WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN   [LICENSE HOLDER].          SECTION 3.03.  Section 411.209(a), Government Code, is   amended to read as follows:          (a)  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 notice by a   communication described by Section 30.06 or 30.07, Penal Code, that   states or implies that a person [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 a person is [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.          SECTION 3.04.  The heading to Section 552.002, Health and   Safety Code, is amended to read as follows:          Sec. 552.002.  CARRYING OF HANDGUN [BY LICENSE HOLDER] IN   STATE HOSPITAL.          SECTION 3.05.  Sections 552.002(a), (b), and (c), Health and   Safety Code, are amended to read as follows:          (a)  In this section:                (1)  ["License holder" has the meaning assigned by   Section 46.035(f), Penal Code.                [(2)]  "State hospital" means the following   facilities:                      (A)  the Austin State Hospital;                      (B)  the Big Spring State Hospital;                      (C)  the El Paso Psychiatric Center;                      (D)  the Kerrville State Hospital;                      (E)  the North Texas State Hospital;                      (F)  the Rio Grande State Center;                      (G)  the Rusk State Hospital;                      (H)  the San Antonio State Hospital;                      (I)  the Terrell State Hospital; and                      (J)  the Waco Center for Youth.                (2) [(3)]  "Written notice" means a sign that is posted   on property and that:                      (A)  includes in both English and Spanish written   language identical to the following: "Pursuant to Section 552.002,   Health and Safety Code (carrying of handgun [by license holder] in   state hospital), a person [licensed under Subchapter H, Chapter   411, Government Code (handgun licensing law),] may not enter this   property with a handgun";                      (B)  appears in contrasting colors with block   letters at least one inch in height; and                      (C)  is displayed in a conspicuous manner clearly   visible to the public at each entrance to the property.          (b)  A state hospital may prohibit a person [license holder]   from carrying a handgun [under the authority of Subchapter H,   Chapter 411, Government Code,] on the property of the hospital by   providing written notice.          (c)  A person [license holder] who carries a handgun [under   the authority of Subchapter H, Chapter 411, Government Code,] on   the property of a state hospital at which written notice is provided   is liable for a civil penalty in the amount of:                (1)  $100 for the first violation; or                (2)  $500 for the second or subsequent violation.          SECTION 3.06.  Section 30.05(f), Penal Code, is amended to   read as follows:          (f)  It is a defense to prosecution under this section that:                (1)  the basis on which entry on the property or land or   in the building was forbidden is that entry with a firearm [handgun]   was forbidden; and                (2)  the person was carrying[:                      [(A)  a license issued under Subchapter H, Chapter   411, Government Code, to carry a handgun; and                      [(B)]  a handgun:                      (A) [(i)]  in a concealed manner; or                      (B) [(ii)]  in a [shoulder or belt] holster.          SECTION 3.07.  The heading to Section 30.06, Penal Code, is   amended to read as follows:          Sec. 30.06.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]   CONCEALED HANDGUN.          SECTION 3.08.  Sections 30.06(a), (c), (d), (e), (e-1),   (e-2), (e-3), (f), and (g), Penal Code, are amended to read as   follows:          (a)  A person [license holder] commits an offense if the   person [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   person [license holder] with a concealed handgun was forbidden.          (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 person [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 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 person [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 person [license holder] carries a   handgun is owned or leased by a governmental entity and is not a   premises or other place on which the person [license holder] is   prohibited from carrying the handgun under Section 46.03 or 46.035   or other law.          (e-1)  It is a defense to prosecution under this section   that:                (1)  the person [license holder] is:                      (A)  an owner of an apartment in a condominium   regime governed by Chapter 81, Property Code;                      (B)  an owner of a condominium unit governed by   Chapter 82, Property Code;                      (C)  a tenant or guest of an owner described by   Paragraph (A) or (B); or                      (D)  a guest of a tenant of an owner described by   Paragraph (A) or (B); and                (2)  the person [license holder]:                      (A)  carries or stores a handgun in the   condominium apartment or unit owner's apartment or unit;                      (B)  carries a handgun directly en route to or   from the condominium apartment or unit owner's apartment or unit;                      (C)  carries a handgun directly en route to or   from the person's [license holder's] vehicle located in a parking   area provided for residents or guests of the condominium property;   or                      (D)  carries or stores a handgun in the person's   [license holder's] vehicle located in a parking area provided for   residents or guests of the condominium property.          (e-2)  It is a defense to prosecution under this section   that:                (1)  the person [license holder] is a tenant of a leased   premises governed by Chapter 92, Property Code, or the tenant's   guest; and                (2)  the person [license holder]:                      (A)  carries or stores a handgun in the tenant's   rental unit;                      (B)  carries a handgun directly en route to or   from the tenant's rental unit;                      (C)  carries a handgun directly en route to or   from the person's [license holder's] vehicle located in a parking   area provided for tenants or guests by the landlord of the leased   premises; or                      (D)  carries or stores a handgun in the person's   [license holder's] vehicle located in a parking area provided for   tenants or guests by the landlord of the leased premises.          (e-3)  It is a defense to prosecution under this section   that:                (1)  the person [license holder] is a tenant of a   manufactured home lot governed by Chapter 94, Property Code, or the   tenant's guest; and                (2)  the person [license holder]:                      (A)  carries or stores a handgun in the tenant's   manufactured home;                      (B)  carries a handgun directly en route to or   from the tenant's manufactured home;                      (C)  carries a handgun directly en route to or   from the person's [license holder's] vehicle located in a parking   area provided for tenants or tenants' guests by the landlord of the   leased premises; or                      (D)  carries or stores a handgun in the person's   [license holder's] vehicle located in a parking area provided for   tenants or tenants' guests by the landlord of the leased premises.          (f)  It is a defense to prosecution under this section that   the person [license holder] is volunteer emergency services   personnel, as defined by Section 46.01.          (g)  It is a defense to prosecution under this section that   the person [license holder] was personally given notice by oral   communication described by Subsection (b) and promptly departed   from the property.          SECTION 3.09.  The heading to Section 30.07, Penal Code, is   amended to read as follows:          Sec. 30.07.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]   OPENLY CARRIED HANDGUN.          SECTION 3.10.  Sections 30.07(a), (c), (d), (e), (e-1),   (e-2), (e-3), (f), (g), and (h), Penal Code, are amended to read as   follows:          (a)  A person [license holder] commits an offense if the   person [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   person [license holder] openly carrying a handgun was forbidden.          (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 person [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 person [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 person [license holder] openly   carries a [the] handgun is owned or leased by a governmental entity   and is not a premises or other place on which the person [license   holder] is prohibited from carrying the handgun under Section 46.03   or 46.035 or other law.          (e-1)  It is a defense to prosecution under this section   that:                (1)  the person [license holder] is:                      (A)  an owner of an apartment in a condominium   regime governed by Chapter 81, Property Code;                      (B)  an owner of a condominium unit governed by   Chapter 82, Property Code;                      (C)  a tenant or guest of an owner described by   Paragraph (A) or (B); or                      (D)  a guest of a tenant of an owner described by   Paragraph (A) or (B); and                (2)  the person [license holder]:                      (A)  carries or stores a handgun in the   condominium apartment or unit owner's apartment or unit;                      (B)  carries a handgun directly en route to or   from the condominium apartment or unit owner's apartment or unit;                      (C)  carries a handgun directly en route to or   from the person's [license holder's] vehicle located in a parking   area provided for residents or guests of the condominium property;   or                      (D)  carries or stores a handgun in the person's   [license holder's] vehicle located in a parking area provided for   residents or guests of the condominium property.          (e-2)  It is a defense to prosecution under this section   that:                (1)  the person [license holder] is a tenant of a leased   premises governed by Chapter 92, Property Code, or the tenant's   guest; and                (2)  the person [license holder]:                      (A)  carries or stores a handgun in the tenant's   rental unit;                      (B)  carries a handgun directly en route to or   from the tenant's rental unit;                      (C)  carries a handgun directly en route to or   from the person's [license holder's] vehicle located in a parking   area provided for tenants or guests by the landlord of the leased   premises; or                      (D)  carries or stores a handgun in the person's   [license holder's] vehicle located in a parking area provided for   tenants or guests by the landlord of the leased premises.          (e-3)  It is a defense to prosecution under this section   that:                (1)  the person [license holder] is a tenant of a   manufactured home lot governed by Chapter 94, Property Code, or the   tenant's guest; and                (2)  the person [license holder]:                      (A)  carries or stores a handgun in the tenant's   manufactured home;                      (B)  carries a handgun directly en route to or   from the tenant's manufactured home;                      (C)  carries a handgun directly en route to or   from the person's [license holder's] vehicle located in a parking   area provided for tenants or tenants' guests by the landlord of the   leased premises; or                      (D)  carries or stores a handgun in the person's   [license holder's] vehicle located in a parking area provided for   tenants or tenants' guests by the landlord of the leased premises.          (f)  It is not a defense to prosecution under this section   that the handgun was carried in a [shoulder or belt] holster.          (g)  It is a defense to prosecution under this section that   the person [license holder] is volunteer emergency services   personnel, as defined by Section 46.01.          (h)  It is a defense to prosecution under this section that   the person [license holder] was personally given notice by oral   communication described by Subsection (b) and promptly departed   from the property.          SECTION 3.11.  The following provisions are repealed:                (1)  Sections 11.041 and 61.11, Alcoholic Beverage   Code;                (2)  Sections 11.61(e) and 61.71(f), Alcoholic   Beverage Code; and                (3)  Section 411.204(d), Government Code.   ARTICLE 4. LOCAL REGULATION OF HANDGUNS OR OTHER FIREARMS          SECTION 4.01.  Section 191.010(a), Local Government Code, is   amended to read as follows:          (a)  In this section, "photo identification" means one of the   following forms of photo identification:                (1)  a driver's license, election identification   certificate, or personal identification card issued to the person   by any state or territory of the United States that has not expired   or that expired no earlier than 60 days before the date of   presentation;                (2)  a United States military identification card that   contains the person's photograph that has not expired or that   expired no earlier than 60 days before the date of presentation;                (3)  a United States citizenship certificate issued to   the person that contains the person's photograph;                (4)  a United States Permanent Resident Card that has   not expired or that expired no earlier than 60 days before the date   of presentation;                (5)  an identification card issued by a municipality   intended to serve as a general identification card for the holder   that has not expired or that expired no earlier than 60 days before   the date of presentation;                (6)  a federally recognized tribal enrollment card or   other form of tribal identification that has not expired or that   expired no earlier than 60 days before the date of presentation;                (7)  a United States passport or a passport issued by a   foreign government recognized by the United States issued to the   person that has not expired or that expired no earlier than 60 days   before the date of presentation; or                (8)  a license to carry a [concealed] handgun issued to   the person by the Department of Public Safety that has not expired   or that expired no earlier than 60 days before the date of   presentation.          SECTION 4.02.  Section 229.001(b), Local Government Code, is   amended to read as follows:          (b)  Subsection (a) does not affect the authority a   municipality has under another law to:                (1)  require residents or public employees to be armed   for personal or national defense, law enforcement, or another   lawful purpose;                (2)  regulate the discharge of firearms or air guns   within the limits of the municipality, other than at a sport   shooting range;                (3)  except as provided by Subsection (b-1), adopt or   enforce a generally applicable zoning ordinance, land use   regulation, fire code, or business ordinance;                (4)  regulate the use of firearms, air guns, or knives   in the case of an insurrection, riot, or natural disaster if the   municipality finds the regulations necessary to protect public   health and safety;                (5)  regulate the storage or transportation of   explosives to protect public health and safety, except that 25   pounds or less of black powder for each private residence and 50   pounds or less of black powder for each retail dealer are not   subject to regulation;                (6)  regulate the carrying of an air gun or [a] firearm,   [or air gun by a person] other than a [person licensed to carry a]   handgun carried by a person not otherwise prohibited by state or   federal law from possessing a firearm [under Subchapter H, Chapter   411, Government Code], at a:                      (A)  [public park;                      [(B)]  public meeting of a municipality, county,   or other governmental body;                      [(C)  political rally, parade, or official   political meeting;] or                      (B) [(D)]  nonfirearms-related school, college,   or professional athletic event;                (7)  [regulate the carrying of a firearm by a person   licensed to carry a handgun under Subchapter H, Chapter 411,   Government Code,] in accordance with Section 411.209, Government   Code, regulate the carrying of a firearm by any person;                (8)  regulate the hours of operation of a sport   shooting range, except that the hours of operation may not be more   limited than the least limited hours of operation of any other   business in the municipality other than a business permitted or   licensed to sell or serve alcoholic beverages for on-premises   consumption;                (9)  regulate the carrying of an air gun by a minor on:                      (A)  public property; or                      (B)  private property without consent of the   property owner; or                (10)  except as provided by Subsection (d-1), regulate   or prohibit an employee's carrying or possession of a firearm,   firearm accessory, or ammunition in the course of the employee's   official duties.          SECTION 4.03.  Section 236.002(c), Local Government Code, is   amended to read as follows:          (c)  Subsection (a) does not affect the authority of a county   to:                (1)  require a resident or public employee to be armed   for personal or national defense, law enforcement, or other purpose   under other law;                (2)  regulate the discharge of firearms or air guns in   accordance with Section 235.022;                (3)  [regulate the carrying of a firearm by a person   licensed to carry a handgun under Subchapter H, Chapter 411,   Government Code,] in accordance with Section 411.209, Government   Code, regulate the carrying of a firearm by any person;                (4)  except as provided by Subsection (d), adopt or   enforce a generally applicable land use regulation, fire code, or   business regulation; or                (5)  except as provided by Subsection (e), regulate or   prohibit an employee's carrying or possession of a firearm, firearm   accessory, or ammunition in the course of the employee's official   duties.   ARTICLE 5. INTERACTION WITH LAW ENFORCEMENT WHILE CARRYING HANDGUN          SECTION 5.01.  The heading to Section 411.206, Government   Code, is amended to read as follows:          Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.          SECTION 5.02.  Sections 411.206(a) and (c), Government Code,   are amended to read as follows:          (a)  If a peace officer arrests and takes into custody a   person [license holder] who is carrying a handgun [under the   authority of this subchapter], the officer shall seize the person's   [license holder's] handgun. The peace officer also shall seize the   person's handgun [and] license as evidence if the person holds a   handgun license under this subchapter and is carrying the license   at the time of the arrest.          (c)  Any judgment of conviction entered by any court for an   offense under Section 46.035, Penal Code, must contain the handgun   license number of the convicted person, if the person is a handgun   license holder. A certified copy of the judgment is conclusive and   sufficient evidence to justify revocation of a license under   Section 411.186(a)(4).          SECTION 5.03.  Section 411.207, Government Code, is amended   by amending Subsections (a), (b), and (c) and adding Subsection   (a-1) to read as follows:          (a)  A peace officer who is acting in the lawful discharge of   the officer's official duties may disarm a person, including a   license holder, who is carrying a handgun at any time the officer   reasonably believes it is necessary for the protection of the   person [license holder], officer, or another individual. The peace   officer shall return the handgun to the person [license holder]   before discharging the person [license holder] from the scene if   the officer determines that the person:                (1)  [license holder] is not a threat to the officer,   person [license holder], or another individual;                (2)  [and if the license holder] has not violated any   provision of this subchapter or committed any other violation that   results in the arrest of the person; and                (3)  is not prohibited from possessing a firearm   [license holder].          (a-1)  A peace officer may not disarm or detain a person   under Subsection (a) solely because the person is carrying a   concealed or holstered handgun.          (b)  A peace officer who is acting in the lawful discharge of   the officer's official duties may [temporarily] disarm a person   only temporarily, regardless of whether the person is a license   holder, when the person [a license holder] enters a nonpublic,   secure portion of a law enforcement facility. The[, if the] law   enforcement agency shall provide [provides] a gun locker where the   peace officer can secure the person's [license holder's] handgun.   The peace officer shall secure the handgun in the locker and shall   return the handgun to the person [license holder] immediately after   the person [license holder] leaves the nonpublic, secure portion of   the law enforcement facility.          (c)  A law enforcement facility shall prominently display at   each entrance to a nonpublic, secure portion of the facility a sign   that gives notice in both English and Spanish that, under this   section, a peace officer may temporarily disarm a person,   regardless of whether the person is a license holder, when the   person [license holder] enters the nonpublic, secure portion of the   facility. The sign must appear in contrasting colors with block   letters at least one inch in height. The sign shall be displayed in   a clearly visible and conspicuous manner.          SECTION 5.04.  Section 411.205, Government Code, is   repealed.   ARTICLE 6. EMPLOYER RIGHTS; CARRYING AND STORAGE OF HANDGUN,   FIREARM, AND AMMUNITION BY EMPLOYEE          SECTION 6.01.  Section 411.203, Government Code, is amended   to read as follows:          Sec. 411.203.  RIGHTS OF EMPLOYERS. (a) This subchapter   does not prevent or otherwise limit the right of a public or private   employer to prohibit persons who are licensed under this subchapter   or not otherwise prohibited by state or federal law from possessing   a firearm from carrying a handgun or other firearm on the premises   of the business.          (b)  In this section, "premises" has the meaning assigned by   Section 46.035(f) [46.035(f)(3)], Penal Code.          SECTION 6.02.  Section 52.061, Labor Code, is amended to   read as follows:          Sec. 52.061.  RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO   OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer   may not prohibit an employee who is not otherwise prohibited by   state or federal law from possessing [holds a license to carry a   handgun under Subchapter H, Chapter 411, Government Code, who   otherwise lawfully possesses] a firearm[,] or [who lawfully   possesses] ammunition from transporting or storing a firearm or   ammunition [the employee is authorized by law to possess] in a   locked, privately owned motor vehicle in a parking lot, parking   garage, or other parking area the employer provides for employees.          SECTION 6.03.  Section 52.062(a), Labor Code, is amended to   read as follows:          (a)  Section 52.061 does not:                (1)  authorize a person who is not otherwise prohibited   by state or federal law from possessing [holds a license to carry a   handgun under Subchapter H, Chapter 411, Government Code, who   otherwise lawfully possesses] a firearm[,] or [who lawfully   possesses] ammunition to possess a firearm or ammunition on any   property where the possession of a firearm or ammunition is   prohibited by state or federal law; or                (2)  apply to:                      (A)  a vehicle owned or leased by a public or   private employer and used by an employee in the course and scope of   the employee's employment, unless the employee is required to   transport or store a firearm in the official discharge of the   employee's duties;                      (B)  a school district;                      (C)  an open-enrollment charter school, as   defined by Section 5.001, Education Code;                      (D)  a private school, as defined by Section   22.081, Education Code;                      (E)  property owned or controlled by a person,   other than the employer, that is subject to a valid, unexpired oil,   gas, or other mineral lease that contains a provision prohibiting   the possession of firearms on the property; or                      (F)  property owned or leased by a chemical   manufacturer or oil and gas refiner with an air authorization under   Chapter 382, Health and Safety Code, and on which the primary   business conducted is the manufacture, use, storage, or   transportation of hazardous, combustible, or explosive materials,   except in regard to an employee who is not otherwise prohibited by   state or federal law from possessing a firearm or ammunition [holds   a license to carry a handgun under Subchapter H, Chapter 411,   Government Code,] and [who] stores the [a] firearm or ammunition   [the employee is authorized by law to possess] in a locked,   privately owned motor vehicle in a parking lot, parking garage, or   other parking area the employer provides for employees that is   outside of a secured and restricted area:                            (i)  that contains the physical plant;                            (ii)  that is not open to the public; and                            (iii)  the ingress into which is constantly   monitored by security personnel.   ARTICLE 7. CARRYING AND STORAGE OF HANDGUN, FIREARM, AND   AMMUNITION ON CAMPUS OF PUBLIC OR PRIVATE INSTITUTION OF HIGHER   EDUCATION          SECTION 7.01.  Chapter 51, Education Code, is amended by   adding Subchapter Z-1, and a heading is added to that subchapter to   read as follows:   SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS          SECTION 7.02.  Sections 411.2031 and 411.2032, Government   Code, are transferred to Subchapter Z-1, Chapter 51, Education   Code, as added by this Act, redesignated as Sections 51.991,   51.992, and 51.993, Education Code, and amended to read as follows:          Sec. 51.991.  DEFINITIONS [411.2031.  CARRYING OF HANDGUNS   BY LICENSE HOLDERS ON CERTAIN CAMPUSES]. [(a)]  For purposes of   this subchapter [section]:                (1)  "Campus" means all land and buildings owned or   leased by an institution of higher education or private or   independent institution of higher education.                (2)  "Institution of higher education" and "private or   independent institution of higher education" have the meanings   assigned by Section 61.003[, Education Code].                (3)  "Premises" has the meaning assigned by Section   46.035, Penal Code.          Sec. 51.992.  CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a)   [(b)] A person who is not otherwise prohibited by law from   possessing a firearm [license holder] may carry a [concealed]   handgun in a concealed manner or in a holster [on or about the   license holder's person] while the person [license holder] is on   the campus of an institution of higher education or private or   independent institution of higher education in this state.          (b) [(c)]  Except as provided by Subsection (c), (d),   [(d-1),] or (h) [(e)], an institution of higher education or   private or independent institution of higher education in this   state may not adopt any rule, regulation, or other provision   prohibiting a person who is not otherwise prohibited by law from   possessing a firearm [license holders] from carrying a handgun   [handguns] on the campus of the institution.          (c) [(d)]  An institution of higher education or private or   independent institution of higher education in this state may   establish rules, regulations, or other provisions concerning the   storage of handguns in dormitories or other residential facilities   that are owned or leased and operated by the institution and located   on the campus of the institution.          (d) [(d-1)]  After consulting with students, staff, and   faculty of the institution regarding the nature of the student   population, specific safety considerations, and the uniqueness of   the campus environment, the president or other chief executive   officer of an institution of higher education in this state shall   establish reasonable rules, regulations, or other provisions   regarding the carrying of [concealed] handguns [by license holders]   on the campus of the institution or on premises located on the   campus of the institution. The president or officer may not   establish provisions that generally prohibit or have the effect of   generally prohibiting a person who is not otherwise prohibited by   law from possessing a firearm [license holders] from carrying a   handgun [concealed handguns] on the campus of the institution. The   president or officer may amend the provisions as necessary for   campus safety. The provisions take effect as determined by the   president or officer unless subsequently amended by the board of   regents or other governing board under Subsection (e) [(d-2)]. The   institution must give effective notice under Section 30.06 or   30.07, Penal Code, as applicable, with respect to any portion of a   premises that is subject to provisions established by the   institution under this subsection [on which license holders may not   carry].          (e) [(d-2)]  Not later than the 90th day after the date that   the rules, regulations, or other provisions are established as   described by Subsection (d) [(d-1)], the board of regents or other   governing board of the institution of higher education shall review   the provisions. The board of regents or other governing board may,   by a vote of not less than two-thirds of the board, amend wholly or   partly the provisions established under Subsection (d) [(d-1)]. If   amended under this subsection, the provisions are considered to be   those of the institution as established under Subsection (d)   [(d-1)].          (f) [(d-3)]  An institution of higher education shall widely   distribute the rules, regulations, or other provisions described by   Subsection (d) [(d-1)] to the institution's students, staff, and   faculty, including by prominently publishing the provisions on the   institution's Internet website.          (g) [(d-4)]  Not later than September 1 of each   even-numbered year, each institution of higher education in this   state shall submit a report to the legislature and to the standing   committees of the legislature with jurisdiction over the   implementation and continuation of this section that:                (1)  describes its rules, regulations, or other   provisions regarding the carrying of [concealed] handguns on the   campus of the institution; and                (2)  explains the reasons the institution has   established those provisions.          (h) [(e)]  A private or independent institution of higher   education in this state, after consulting with students, staff, and   faculty of the institution, may establish rules, regulations, or   other provisions prohibiting a person, including a person who is   not otherwise prohibited by law from possessing a firearm, [license   holders] from carrying a handgun [handguns] on the campus of the   institution, any grounds or building on which an activity sponsored   by the institution is being conducted, or a passenger   transportation vehicle owned by the institution.          Sec. 51.993 [411.2032].  TRANSPORTATION AND STORAGE OF   FIREARMS AND AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON   CERTAIN CAMPUSES. [(a)  For purposes of this section:                [(1)  "Campus" means all land and buildings owned or   leased by an institution of higher education or private or   independent institution of higher education.                [(2)  "Institution of higher education" and "private or   independent institution of higher education" have the meanings   assigned by Section 61.003, Education Code.          [(b)]  An institution of higher education or private or   independent institution of higher education in this state may not   adopt or enforce any rule, regulation, or other provision or take   any other action, including posting notice under Section 30.06 or   30.07, Penal Code, prohibiting or placing restrictions on the   storage or transportation of a firearm or ammunition in a locked,   privately owned or leased motor vehicle by a person, including a   student enrolled at that institution, who is not otherwise   prohibited by law from possessing [holds a license to carry a   handgun under this subchapter and lawfully possesses] the firearm   or ammunition:                (1)  on a street or driveway located on the campus of   the institution; or                (2)  in a parking lot, parking garage, or other parking   area located on the campus of the institution.          SECTION 7.03.  Subchapter Z-1, Chapter 51, Education Code,   as added by this Act, is amended by adding Section 51.994 to read as   follows:          Sec. 51.994.  LIMITATION OF LIABILITY. (a)  A cause of   action in damages may not be brought against an institution of   higher education, an officer or employee of an institution of   higher education, a private or independent institution of higher   education that has not adopted rules under Section 51.992(h), or an   officer or employee of a private or independent institution of   higher education that has not adopted rules under Section 51.992(h)   for damages caused by the actions of a person who carries a handgun   on the campus of the institution, any grounds or building on which   an activity sponsored by the institution is being conducted, or a   passenger transportation vehicle owned by the institution, and a   court may not hold such an institution, officer, or employee liable   for those damages.          (b)  The immunities granted under Subsection (a) do not apply   to:                (1)  an act or a failure to act by an institution of   higher education, an officer or employee of an institution of   higher education, a private or independent institution of higher   education that has not adopted rules under Section 51.992(h), or an   officer or employee of a private or independent institution of   higher education that has not adopted rules under Section 51.992(h)   if the act or failure to act was capricious or arbitrary; or                (2)  any officer or employee of an institution of   higher education or private or independent institution of higher   education described by Subdivision (1) who possesses a handgun on   the campus of that institution and whose conduct with regard to the   handgun is made the basis of a claim for personal injury or property   damage.          SECTION 7.04.  Sections 411.208(a), (b), and (d), Government   Code, are amended to read as follows:          (a)  A court may not hold the state, an agency or subdivision   of the state, an officer or employee of the state, [an institution   of higher education, an officer or employee of an institution of   higher education, a private or independent institution of higher   education that has not adopted rules under Section 411.2031(e), an   officer or employee of a private or independent institution of   higher education that has not adopted rules under Section   411.2031(e),] a peace officer, a qualified handgun instructor, or   an approved online course provider liable for damages caused by:                (1)  an action authorized under this subchapter or a   failure to perform a duty imposed by this subchapter; or                (2)  the actions of an applicant or license holder that   occur after the applicant has received a license or been denied a   license under this subchapter.          (b)  A cause of action in damages may not be brought against   the state, an agency or subdivision of the state, an officer or   employee of the state, [an institution of higher education, an   officer or employee of an institution of higher education, a   private or independent institution of higher education that has not   adopted rules under Section 411.2031(e), an officer or employee of   a private or independent institution of higher education that has   not adopted rules under Section 411.2031(e),] a peace officer, a   qualified handgun instructor, or an approved online course provider   for any damage caused by the actions of an applicant or license   holder under this subchapter.          (d)  The immunities granted under Subsections (a), (b), and   (c) do not apply to[:                [(1)]  an act or a failure to act by the state, an   agency or subdivision of the state, an officer of the state, [an   institution of higher education, an officer or employee of an   institution of higher education, a private or independent   institution of higher education that has not adopted rules under   Section 411.2031(e), an officer or employee of a private or   independent institution of higher education that has not adopted   rules under Section 411.2031(e),] or a peace officer if the act or   failure to act was capricious or arbitrary[; or                [(2)  any officer or employee of an institution of   higher education or private or independent institution of higher   education described by Subdivision (1) who possesses a handgun on   the campus of that institution and whose conduct with regard to the   handgun is made the basis of a claim for personal injury or property   damage].          SECTION 7.05.  Section 411.208(f), Government Code, is   repealed.   ARTICLE 8. STORAGE OF HANDGUN, FIREARM, AND AMMUNITION IN SCHOOL   PARKING AREA          SECTION 8.01.  The heading to Section 37.0815, Education   Code, is amended to read as follows:          Sec. 37.0815.  TRANSPORTATION OR STORAGE OF FIREARM AND   AMMUNITION [BY LICENSE HOLDER] IN SCHOOL PARKING AREA.          SECTION 8.02.  Section 37.0815(a), Education Code, is   amended to read as follows:          (a)  A school district or open-enrollment charter school may   not prohibit a person, including a school employee, who is not   otherwise prohibited by law from possessing a firearm [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.   ARTICLE 9. CONFORMING CHANGES          SECTION 9.01.  Chapter 507, Business & Commerce Code, is   amended to read as follows:   CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS   VALID FORM [FORMS] OF PERSONAL IDENTIFICATION          Sec. 507.001.  [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN   AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the   holder of a [concealed] handgun license issued under Subchapter H,   Chapter 411, Government Code, access to goods, services, or   facilities, except as provided by Section 521.460, Transportation   Code, or in regard to the operation of a motor vehicle, because the   holder has or presents a [concealed] handgun license rather than a   driver's license or other acceptable form of personal   identification.          (b)  This section does not affect[:                [(1)  the requirement under Section 411.205,   Government Code, that a person subject to that section present a   driver's license or identification certificate in addition to a   concealed handgun license; or                [(2)]  the types of identification required under   federal law to access airport premises or pass through airport   security.          SECTION 9.02.  Section 95A.0001, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 95A.0001.  EVIDENCE OF FAILURE TO FORBID HANDGUNS.  The   fact that a card, sign, or other document described by Section   30.06(c)(2) [30.06(c)(3)] or 30.07(c)(2) [30.07(c)(3)], Penal   Code, is not posted on the property of a business or any other   evidence that a person failed to exercise the person's option to   forbid the carrying of a handgun [by a license holder] on the   property:                (1)  is not admissible as evidence in a trial on the   merits in an action:                      (A)  against a person, including a business or   other entity, who owns, controls, or manages the property; and                      (B)  in which the cause of action arises from an   injury sustained on the property; and                (2)  does not support a cause of action described by   Subdivision (1) against a person described by that subdivision.          SECTION 9.03.  Section 125.0015(a), Civil Practice and   Remedies Code, is amended to read as follows:          (a)  A person who maintains a place to which persons   habitually go for the following purposes and who knowingly   tolerates the activity and furthermore fails to make reasonable   attempts to abate the activity maintains a common nuisance:                (1)  discharge of a firearm in a public place as   prohibited by the Penal Code;                (2)  reckless discharge of a firearm as prohibited by   the Penal Code;                (3)  engaging in organized criminal activity as a   member of a combination as prohibited by the Penal Code;                (4)  delivery, possession, manufacture, or use of a   substance or other item in violation of Chapter 481, Health and   Safety Code;                (5)  gambling, gambling promotion, or communicating   gambling information as prohibited by the Penal Code;                (6)  prostitution, promotion of prostitution, or   aggravated promotion of prostitution as prohibited by the Penal   Code;                (7)  compelling prostitution as prohibited by the Penal   Code;                (8)  commercial manufacture, commercial distribution,   or commercial exhibition of obscene material as prohibited by the   Penal Code;                (9)  aggravated assault as described by Section 22.02,   Penal Code;                (10)  sexual assault as described by Section 22.011,   Penal Code;                (11)  aggravated sexual assault as described by Section   22.021, Penal Code;                (12)  robbery as described by Section 29.02, Penal   Code;                (13)  aggravated robbery as described by Section 29.03,   Penal Code;                (14)  unlawfully carrying a weapon as described by   Section 46.02, Penal Code, or unlawfully carrying a firearm as   described by Section 46.03 or 46.035, Penal Code;                (15)  murder as described by Section 19.02, Penal Code;                (16)  capital murder as described by Section 19.03,   Penal Code;                (17)  continuous sexual abuse of young child or   children as described by Section 21.02, Penal Code;                (18)  massage therapy or other massage services in   violation of Chapter 455, Occupations Code;                (19)  employing a minor at a sexually oriented business   as defined by Section 243.002, Local Government Code;                (20)  trafficking of persons as described by Section   20A.02, Penal Code;                (21)  sexual conduct or performance by a child as   described by Section 43.25, Penal Code;                (22)  employment harmful to a child as described by   Section 43.251, Penal Code;                (23)  criminal trespass as described by Section 30.05,   Penal Code;                (24)  disorderly conduct as described by Section 42.01,   Penal Code;                (25)  arson as described by Section 28.02, Penal Code;                (26)  criminal mischief as described by Section 28.03,   Penal Code, that causes a pecuniary loss of $500 or more; or                (27)  a graffiti offense in violation of Section 28.08,   Penal Code.          SECTION 9.04.  Section 37.005(c), Education Code, is amended   to read as follows:          (c)  A student who is enrolled in a grade level below grade   three may not be placed in out-of-school suspension unless while on   school property or while attending a school-sponsored or   school-related activity on or off of school property, the student   engages in:                (1)  conduct that contains the elements of an offense   related to weapons under Section 46.02 or 46.05, Penal Code, or to   firearms under Section 46.03 or 46.035, Penal Code;                (2)  conduct that contains the elements of a violent   offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;   or                (3)  selling, giving, or delivering to another person   or possessing, using, or being under the influence of any amount of:                      (A)  marihuana or a controlled substance, as   defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.   Section 801 et seq.;                      (B)  a dangerous drug, as defined by Chapter 483,   Health and Safety Code; or                      (C)  an alcoholic beverage, as defined by Section   1.04, Alcoholic Beverage Code.          SECTION 9.05.  Section 37.007(a), Education Code, is amended   to read as follows:          (a)  Except as provided by Subsection (k), a student shall be   expelled from a school if the student, on school property or while   attending a school-sponsored or school-related activity on or off   of school property:                (1)  engages in conduct that contains the elements of   [the offense of unlawfully carrying weapons under Section 46.02,   Penal Code, or elements of] an offense relating to [prohibited]   weapons under Section 46.02 or 46.05, Penal Code, or to firearms   under Section 46.03 or 46.035, Penal Code;                (2)  engages in conduct that contains the elements of   the offense of:                      (A)  aggravated assault under Section 22.02,   Penal Code, sexual assault under Section 22.011, Penal Code, or   aggravated sexual assault under Section 22.021, Penal Code;                      (B)  arson under Section 28.02, Penal Code;                      (C)  murder under Section 19.02, Penal Code,   capital murder under Section 19.03, Penal Code, or criminal   attempt, under Section 15.01, Penal Code, to commit murder or   capital murder;                      (D)  indecency with a child under Section 21.11,   Penal Code;                      (E)  aggravated kidnapping under Section 20.04,   Penal Code;                      (F)  aggravated robbery under Section 29.03,   Penal Code;                      (G)  manslaughter under Section 19.04, Penal   Code;                      (H)  criminally negligent homicide under Section   19.05, Penal Code; or                      (I)  continuous sexual abuse of young child or   children under Section 21.02, Penal Code; or                (3)  engages in conduct specified by Section   37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.          SECTION 9.06.  Section 51.220(g), Education Code, is amended   to read as follows:          (g)  A public junior college employee's status as a school   marshal becomes inactive on:                (1)  expiration of the employee's school marshal   license under Section 1701.260, Occupations Code;                (2)  suspension or revocation of the employee's license   to carry a [concealed] handgun issued under Subchapter H, Chapter   411, Government Code;                (3)  termination of the employee's employment with the   public junior college; or                (4)  notice from the governing board of the public   junior college that the employee's services as school marshal are   no longer required.          SECTION 9.07.  Section 231.302(c-1), Family Code, is amended   to read as follows:          (c-1)  For purposes of issuing a license to carry a   [concealed] handgun under Subchapter H, Chapter 411, Government   Code, the Department of Public Safety is not required to request,   and an applicant is not required to provide, the applicant's social   security number.          SECTION 9.08.  The heading to Subchapter H, Chapter 411,   Government Code, is amended to read as follows:   SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS   RELATING TO CARRYING OF FIREARMS          SECTION 9.09.  Section 411.179(c), Government Code, is   amended to read as follows:          (c)  In adopting the form of the license under Subsection   (a), the department shall establish a procedure for the license of a   qualified handgun instructor or of the attorney general or a judge,   justice, United States attorney, assistant United States attorney,   assistant attorney general, prosecuting attorney, or assistant   prosecuting attorney, as described by Section 46.15(a)(4), (6),   [or] (7), or (11), Penal Code, to indicate on the license the   license holder's status as a qualified handgun instructor or as the   attorney general or a judge, justice, United States attorney,   assistant United States attorney, assistant attorney general,   prosecuting [district] attorney, or assistant prosecuting   [criminal district] attorney[, or county attorney].  In   establishing the procedure, the department shall require   sufficient documentary evidence to establish the license holder's   status under this subsection.          SECTION 9.10.  Section 411.190(c), Government Code, is   amended to read as follows:          (c)  In the manner applicable to a person who applies for a   license to carry a handgun, the department shall conduct a   background check of a person who applies for certification as a   qualified handgun instructor or approved online course provider.   If the background check indicates that the applicant for   certification would not qualify to receive a handgun license, the   department may not certify the applicant as a qualified handgun   instructor or approved online course provider. If the background   check indicates that the applicant for certification would qualify   to receive a handgun license, the department shall provide handgun   instructor or online course provider training to the applicant.   The applicant shall pay a fee of $100 to the department for the   training. The applicant must take and successfully complete the   training offered by the department and pay the training fee before   the department may certify the applicant as a qualified handgun   instructor or approved online course provider. The department   shall issue a license to carry a handgun under [the authority of]   this subchapter to any person who is certified as a qualified   handgun instructor or approved online course provider and who pays   to the department a fee of $40 in addition to the training fee. The   department by rule may prorate or waive the training fee for an   employee of another governmental entity.          SECTION 9.11.  Section 411.200, Government Code, is amended   to read as follows:          Sec. 411.200.  APPLICATION TO LICENSED SECURITY OFFICERS.   This subchapter does not exempt a license holder who is also   employed as a security officer and licensed under Chapter 1702,   Occupations Code, from the duty to comply with Chapter 1702,   Occupations Code, or from the duty to refrain from committing a   firearms offense under Chapter 46 [Section 46.02], Penal Code.          SECTION 9.12.  Sections 411.201(c), (e), and (h), Government   Code, are amended to read as follows:          (c)  An active judicial officer is eligible for a license to   carry a handgun under [the authority of] this subchapter. A retired   judicial officer is eligible for a license to carry a handgun under   [the authority of] this subchapter if the officer:                (1)  has not been convicted of a felony;                (2)  has not, in the five years preceding the date of   application, been convicted of a Class A or Class B misdemeanor or   equivalent offense;                (3)  is not charged with the commission of a Class A or   Class B misdemeanor or equivalent offense or of a felony under an   information or indictment;                (4)  is not a chemically dependent person; and                (5)  is not a person of unsound mind.          (e)  On receipt of all the application materials required by   this section, the department shall:                (1)  if the applicant is an active judicial officer,   issue a license to carry a handgun under [the authority of] this   subchapter; or                (2)  if the applicant is a retired judicial officer,   conduct an appropriate background investigation to determine the   applicant's eligibility for the license and, if the applicant is   eligible, issue a license to carry a handgun under [the authority   of] this subchapter.          (h)  The department shall issue a license to carry a handgun   under [the authority of] this subchapter to a United States   attorney or an assistant United States attorney, or to an attorney   elected or employed to represent the state in the prosecution of   felony cases, who meets the requirements of this section for an   active judicial officer. The department shall waive any fee   required for the issuance of an original, duplicate, or renewed   license under this subchapter for an applicant who is a United   States attorney or an assistant United States attorney or who is an   attorney elected or employed to represent the state in the   prosecution of felony cases.          SECTION 9.13.  Section 12.092(b), Health and Safety Code, is   amended to read as follows:          (b)  The medical advisory board shall assist the Department   of Public Safety of the State of Texas in determining whether:                (1)  an applicant for a driver's license or a license   holder is capable of safely operating a motor vehicle; or                (2)  an applicant for or holder of a license to carry a   handgun under [the authority of] Subchapter H, Chapter 411,   Government Code, or an applicant for or holder of a commission as a   security officer under Chapter 1702, Occupations Code, is capable   of exercising sound judgment with respect to the proper use and   storage of a handgun.          SECTION 9.14.  Section 42.042(e-2), Human Resources Code, is   amended to read as follows:          (e-2)  The department may not prohibit the foster parent of a   child who resides in the foster family's home from transporting the   child in a vehicle where a handgun is present if the handgun is in   the possession and control of the foster parent and the foster   parent is not otherwise prohibited by state or federal law from   possessing a firearm [licensed to carry the handgun under   Subchapter H, Chapter 411, Government Code].          SECTION 9.15.  Section 1702.002(21), Occupations Code, is   amended to read as follows:                (21)  "Security officer commission" means an   authorization issued by the department that entitles a security   officer to carry a firearm as described by this chapter.          SECTION 9.16.  Section 1702.169, Occupations Code, is   amended to read as follows:          Sec. 1702.169.  FIREARM RESTRICTIONS. A commissioned   security officer other than a person acting as a personal   protection officer may not carry a firearm while [unless:                [(1)  the security officer is:                      [(A)]  engaged in the performance of duties as a   security officer unless:                (1)  [; or                      [(B)  traveling to or from the place of   assignment;                [(2)]  the security officer wears a distinctive uniform   indicating that the individual is a security officer; and                (2) [(3)]  the firearm is in plain view.          SECTION 9.17.  Section 1702.206(a), Occupations Code, is   amended to read as follows:          (a)  An individual acting as and performing the duties of a   personal protection officer may not carry a firearm unless the   officer:                (1)  is [either:                      [(A)]  engaged in the exclusive performance of the   officer's duties as a personal protection officer for the employer   under whom the officer's personal protection officer license is   issued; [or                      [(B)  traveling to or from the officer's place of   assignment;] and                (2)  carries the officer's security officer commission   and personal protection officer license on the officer's person   while performing the officer's duties [or traveling] as described   by Subdivision (1) and presents the commission and license on   request.          SECTION 9.18.  Sections 62.082(d) and (e), Parks and   Wildlife Code, are amended to read as follows:          (d)  Section 62.081 does not apply to:                (1)  an employee of the Lower Colorado River Authority;                (2)  a person authorized to hunt under Subsection (c);                (3)  a peace officer as defined by Article 2.12, Code of   Criminal Procedure; or                (4)  a person who:                      (A)  is carrying [possesses] a handgun [and a   license issued under Subchapter H, Chapter 411, Government Code, to   carry a handgun]; or                      (B)  under circumstances in which the person would   be justified in the use of deadly force under Chapter 9, Penal Code,   shoots a handgun [the person is licensed to carry under Subchapter   H, Chapter 411, Government Code].          (e)  A state agency, including the department, the   Department of Public Safety, and the Lower Colorado River   Authority, may not adopt a rule that prohibits a person who is not   otherwise prohibited by state or federal law from possessing a   firearm [possesses a license issued under Subchapter H, Chapter   411, Government Code,] from entering or crossing the land of the   Lower Colorado River Authority while:                (1)  carrying [possessing] a handgun; or                (2)  under circumstances in which the person would be   justified in the use of deadly force under Chapter 9, Penal Code,   shooting a handgun.          SECTION 9.19.  Section 284.001(e), Parks and Wildlife Code,   is amended to read as follows:          (e)  This section does not limit a person's [the] ability [of   a license holder] to carry a handgun [under the authority of   Subchapter H, Chapter 411, Government Code].          SECTION 9.20.  Section 287.001(e), Parks and Wildlife Code,   is amended to read as follows:          (e)  This section does not limit a person's [the] ability [of   a license holder] to carry a [concealed] handgun [under the   authority of Subchapter H, Chapter 411, Government Code].          SECTION 9.21.  Section 9.31(b), Penal Code, is amended to   read as follows:          (b)  The use of force against another is not justified:                (1)  in response to verbal provocation alone;                (2)  to resist an arrest or search that the actor knows   is being made by a peace officer, or by a person acting in a peace   officer's presence and at his direction, even though the arrest or   search is unlawful, unless the resistance is justified under   Subsection (c);                (3)  if the actor consented to the exact force used or   attempted by the other;                (4)  if the actor provoked the other's use or attempted   use of unlawful force, unless:                      (A)  the actor abandons the encounter, or clearly   communicates to the other his intent to do so reasonably believing   he cannot safely abandon the encounter; and                      (B)  the other nevertheless continues or attempts   to use unlawful force against the actor; or                (5)  if the actor sought an explanation from or   discussion with the other person concerning the actor's differences   with the other person while the actor was:                      (A)  carrying a weapon in violation of Section   46.02 or a firearm in violation of Section 46.03 or 46.035; or                      (B)  possessing or transporting a weapon in   violation of Section 46.05.   ARTICLE 10. TRANSITIONS; EFFECTIVE DATE          SECTION 10.01.  The change in law made by this Act relating   to the carrying of a handgun applies to the carrying of a handgun on   or after the effective date of this Act by any person not otherwise   prohibited by state or federal law from possessing a firearm.          SECTION 10.02.  The changes in law made by this Act apply   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 when 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 10.03.  This Act takes effect September 1, 2021.