H.B. No. 4346         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)  This section does not apply to a right-of-way easement   for a pipeline, electric transmission line, or other utility.          (c)  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.          (d)  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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4346 was passed by the House on May 5,   2021, by the following vote:  Yeas 88, Nays 56, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 4346 on May 28, 2021, by the following vote:  Yeas 119, Nays 24,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 4346 was passed by the Senate, with   amendments, on May 22, 2021, by the following vote:  Yeas 22, Nays   9.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor