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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying, storage, or possession of a firearm or |
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firearm ammunition by certain persons on certain residential or |
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commercial property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.05, Penal Code, is amended by adding |
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Subsections (f-1), (f-2), and (f-3) to read as follows: |
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(f-1) It is a defense to prosecution under this section |
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that: |
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(1) the basis on which entry on the property was |
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forbidden is that entry with a firearm or firearm ammunition was |
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forbidden; |
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(2) the actor is: |
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(A) an owner of an apartment in a condominium |
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regime governed by Chapter 81, Property Code; |
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(B) an owner of a condominium unit governed by |
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Chapter 82, Property Code; |
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(C) a tenant or guest of an owner described by |
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Paragraph (A) or (B); or |
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(D) a guest of a tenant of an owner described by |
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Paragraph (A) or (B); |
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(3) the actor: |
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(A) carries or stores a firearm or firearm |
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ammunition in the condominium apartment or unit owner's apartment |
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or unit; |
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(B) carries a firearm or firearm ammunition |
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directly en route to or from the condominium apartment or unit |
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owner's apartment or unit; |
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(C) carries a firearm or firearm ammunition |
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directly en route to or from the actor's vehicle located in a |
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parking area provided for residents or guests of the condominium |
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property; or |
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(D) carries or stores a firearm or firearm |
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ammunition in the actor's vehicle located in a parking area |
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provided for residents or guests of the condominium property; and |
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(4) the actor is not otherwise prohibited by law from |
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possessing a firearm or firearm ammunition. |
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(f-2) It is a defense to prosecution under this section |
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that: |
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(1) the basis on which entry on a leased premises |
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governed by Chapter 92, Property Code, was forbidden is that entry |
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with a firearm or firearm ammunition was forbidden; |
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(2) the actor is a tenant of the leased premises or the |
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tenant's guest; |
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(3) the actor: |
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(A) carries or stores a firearm or firearm |
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ammunition in the tenant's rental unit; |
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(B) carries a firearm or firearm ammunition |
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directly en route to or from the tenant's rental unit; |
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(C) carries a firearm or firearm ammunition |
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directly en route to or from the actor's vehicle located in a |
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parking area provided for tenants or guests by the landlord of the |
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leased premises; or |
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(D) carries or stores a firearm or firearm |
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ammunition in the actor's vehicle located in a parking area |
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provided for tenants or guests by the landlord of the leased |
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premises; and |
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(4) the actor is not otherwise prohibited by law from |
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possessing a firearm or firearm ammunition. |
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(f-3) It is a defense to prosecution under this section |
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that: |
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(1) the basis on which entry on a leased premises |
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governed by Chapter 93, Property Code, was forbidden is that entry |
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with a firearm or firearm ammunition was forbidden; |
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(2) the actor is a tenant of the leased premises or the |
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tenant's employee or agent; |
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(3) the actor: |
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(A) carries or stores a firearm or firearm |
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ammunition in the tenant's rental unit; |
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(B) carries a firearm or firearm ammunition |
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directly en route to or from the tenant's rental unit; |
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(C) carries a firearm or firearm ammunition |
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directly en route to or from the actor's vehicle located in a |
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parking area provided for tenants, the tenant's employees or |
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agents, or guests by the landlord of the leased premises; or |
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(D) carries or stores a firearm or firearm |
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ammunition in the actor's vehicle located in a parking area |
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provided for tenants, the tenant's employees or agents, or guests |
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by the landlord of the leased premises; and |
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(4) the actor is not otherwise prohibited by law from |
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possessing a firearm or firearm ammunition. |
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SECTION 2. Section 30.06, Penal Code, is amended by adding |
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Subsections (e-1), (e-2), and (e-3) to read as follows: |
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(e-1) It is a defense to prosecution under this section |
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that: |
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(1) the license holder is: |
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(A) an owner of an apartment in a condominium |
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regime governed by Chapter 81, Property Code; |
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(B) an owner of a condominium unit governed by |
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Chapter 82, Property Code; |
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(C) a tenant or guest of an owner described by |
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Paragraph (A) or (B); or |
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(D) a guest of a tenant of an owner described by |
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Paragraph (A) or (B); and |
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(2) the license holder: |
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(A) carries or stores a handgun in the |
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condominium apartment or unit owner's apartment or unit; |
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(B) carries a handgun directly en route to or |
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from the condominium apartment or unit owner's apartment or unit; |
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(C) carries a handgun directly en route to or |
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from the license holder's vehicle located in a parking area |
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provided for residents or guests of the condominium property; or |
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(D) carries or stores a handgun in the license |
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holder's vehicle located in a parking area provided for residents |
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or guests of the condominium property. |
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(e-2) It is a defense to prosecution under this section |
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that: |
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(1) the license holder is a tenant of a leased premises |
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governed by Chapter 92, Property Code, or the tenant's guest; and |
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(2) the license holder: |
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(A) carries or stores a handgun in the tenant's |
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rental unit; |
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(B) carries a handgun directly en route to or |
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from the tenant's rental unit; |
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(C) carries a handgun directly en route to or |
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from the license holder's vehicle located in a parking area |
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provided for tenants or guests by the landlord of the leased |
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premises; or |
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(D) carries or stores a handgun in the license |
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holder's vehicle located in a parking area provided for tenants or |
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guests by the landlord of the leased premises. |
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(e-3) Except for property described by Sections |
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46.035(a-2), (a-3), (b)(4), (5), and (6), and (c), it is a defense |
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to prosecution under this section that: |
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(1) the license holder is a tenant of a leased premises |
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governed by Chapter 93, Property Code, or the tenant's employee or |
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agent; and |
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(2) the license holder: |
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(A) carries or stores a handgun in the tenant's |
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rental unit; |
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(B) carries a handgun directly en route to or |
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from the tenant's rental unit; |
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(C) carries a handgun directly en route to or |
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from the license holder's vehicle located in a parking area |
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provided for tenants, tenants' employees or agents, or guests by |
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the landlord of the leased premises; or |
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(D) carries or stores a handgun in the license |
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holder's vehicle located in a parking area provided for tenants, |
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tenants' employees or agents, or guests by the landlord of the |
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leased premises. |
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SECTION 3. Section 30.07, Penal Code, is amended by adding |
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Subsections (e-1), (e-2), and (e-3) to read as follows: |
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(e-1) It is a defense to prosecution under this section |
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|
that: |
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(1) the license holder is: |
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(A) an owner of an apartment in a condominium |
|
|
regime governed by Chapter 81, Property Code; |
|
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(B) an owner of a condominium unit governed by |
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Chapter 82, Property Code; |
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(C) a tenant or guest of an owner described by |
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Paragraph (A) or (B); or |
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(D) a guest of a tenant of an owner described by |
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Paragraph (A) or (B); and |
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(2) the license holder: |
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(A) carries or stores a handgun in the |
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condominium apartment or unit owner's apartment or unit; |
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(B) carries a handgun directly en route to or |
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from the condominium apartment or unit owner's apartment or unit; |
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(C) carries a handgun directly en route to or |
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from the license holder's vehicle located in a parking area |
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provided for residents or guests of the condominium property; or |
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(D) carries or stores a handgun in the license |
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holder's vehicle located in a parking area provided for residents |
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or guests of the condominium property. |
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(e-2) It is a defense to prosecution under this section |
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that: |
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(1) the license holder is a tenant of a leased premises |
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governed by Chapter 92, Property Code, or the tenant's guest; and |
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(2) the license holder: |
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(A) carries or stores a handgun in the tenant's |
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rental unit; |
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(B) carries a handgun directly en route to or |
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from the tenant's rental unit; |
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(C) carries a handgun directly en route to or |
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from the license holder's vehicle located in a parking area |
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provided for tenants or guests by the landlord of the leased |
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premises; or |
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(D) carries or stores a handgun in the license |
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holder's vehicle located in a parking area provided for tenants or |
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guests by the landlord of the leased premises. |
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(e-3) Except for property described by Sections |
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46.035(a-2), (a-3), (b)(4), (5), and (6), and (c), it is a defense |
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to prosecution under this section that: |
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(1) the license holder is a tenant of a leased premises |
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governed by Chapter 93, Property Code, or the tenant's employee or |
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agent; and |
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(2) the license holder: |
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(A) carries or stores a handgun in the tenant's |
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rental unit; |
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(B) carries a handgun directly en route to or |
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from the tenant's rental unit; |
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(C) carries a handgun directly en route to or |
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from the license holder's vehicle located in a parking area |
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provided for tenants, tenants' employees or agents, or guests by |
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the landlord of the leased premises; or |
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(D) carries or stores a handgun in the license |
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holder's vehicle located in a parking area provided for tenants, |
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tenants' employees or agents, or guests by the landlord of the |
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leased premises. |
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SECTION 4. Section 82.002, Property Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) Section 82.121 applies to a condominium for which the |
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declaration was recorded before January 1, 1994. |
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SECTION 5. Subchapter C, Chapter 82, Property Code, is |
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amended by adding Section 82.121 to read as follows: |
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Sec. 82.121. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON |
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CONDOMINIUM PROPERTY. (a) Unless possession of a firearm or |
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firearm ammunition on condominium property is prohibited by state |
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or federal law, a condominium unit owner, or a tenant or guest of a |
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condominium unit owner, or a guest of a tenant of a condominium unit |
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owner may not be prohibited from lawfully possessing, carrying, |
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transporting, or storing a firearm, any part of a firearm, or |
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firearm ammunition: |
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(1) in the condominium unit owner's unit; |
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(2) in a vehicle located in a parking area provided for |
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the residents or guests of the condominium property; or |
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(3) in other common element locations as necessary to: |
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(A) enter or exit the condominium property; |
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(B) enter or exit the condominium unit owner's |
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unit; or |
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(C) enter or exit a vehicle on the condominium |
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property or located in a parking area provided for residents or |
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guests of the condominium property. |
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(b) This section applies notwithstanding any provision of a |
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dedicatory instrument to the contrary and regardless of the date of |
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the provision's adoption. |
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SECTION 6. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.026 to read as follows: |
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Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION |
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ON LEASED PREMISES. Unless possession of a firearm or firearm |
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ammunition on a landlord's property is prohibited by state or |
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federal law, a landlord may not prohibit a tenant or a tenant's |
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guest from lawfully possessing, carrying, transporting, or storing |
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a firearm, any part of a firearm, or firearm ammunition: |
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(1) in the tenant's rental unit; |
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(2) in a vehicle located in a parking area provided for |
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tenants or guests by the landlord of the leased premises; or |
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(3) in other locations controlled by the landlord as |
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necessary to: |
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(A) enter or exit the tenant's rental unit; |
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(B) enter or exit the leased premises; or |
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(C) enter or exit a vehicle on the leased |
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premises or located in a parking area provided by the landlord for |
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tenants or guests. |
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SECTION 7. Chapter 93, Property Code, is amended by adding |
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Section 93.014 to read as follows: |
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Sec. 93.014. POSSESSION OF FIREARM OR FIREARM AMMUNITION ON |
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LEASED PREMISES. (a) Unless possession of a firearm or firearm |
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ammunition on a landlord's property is prohibited by state or |
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federal law, a landlord may not prohibit a tenant or a tenant's |
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employee or agent from lawfully possessing, carrying, |
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transporting, or storing a firearm, any part of a firearm, or |
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firearm ammunition: |
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(1) on the tenant's leased premises; |
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(2) in a vehicle located in a parking area provided for |
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tenants, tenants' employees or agents, or guests by the landlord of |
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the leased premises; or |
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(3) in other locations controlled by the landlord as |
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necessary to: |
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(A) enter or exit the tenant's leased premises; |
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(B) enter or exit the leased premises; or |
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(C) enter or exit a vehicle on the leased |
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premises or located in a parking area provided by the landlord for |
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tenants, tenants' employees or agents, or guests. |
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(b) Unless possession of a firearm or firearm ammunition on |
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a landlord's property is prohibited by state or federal law, a |
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landlord may not prohibit a tenant or a tenant's customer or guest |
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from lawfully possessing, carrying, transporting, or storing a |
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firearm, any part of a firearm, or firearm ammunition in a vehicle |
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located in a parking area provided for tenants or customers or |
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guests of tenants by the landlord of the leased premises. |
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SECTION 8. Sections 30.05, 30.06, and 30.07, Penal Code, as |
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amended by this Act, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 9. Sections 92.026 and 93.014, Property Code, as |
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added by this Act, do not affect the enforceability of a provision |
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in a lease agreement entered into or renewed before the effective |
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date of this Act. |
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SECTION 10. This Act takes effect September 1, 2019. |