Bill Text: TX SB1146 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the carrying of handguns by license holders on the property of state hospitals; providing a civil penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-07 - Referred to State Affairs [SB1146 Detail]

Download: Texas-2017-SB1146-Introduced.html

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85R1959 AJZ-F
By: Nichols S.B. No. 1146

A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns by license holders on the
property of state hospitals; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 411.209, Government Code,
is amended to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN
LICENSE HOLDER.
SECTION 2. Section 411.209, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (i) to read
as follows:
(a) Except as provided by Subsection (i), a [A] state agency
or a political subdivision of the state may not provide notice by a
communication described by Section 30.06, Penal Code, or by any
sign expressly referring to that law or to a [concealed handgun]
license to carry a handgun, that a license holder 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 license holders are prohibited from
carrying a handgun on the premises or other place by Section 46.03
or 46.035, Penal Code.
(d) A resident [citizen] of this state or a person licensed
to carry a [concealed] handgun under this subchapter may file a
complaint with the attorney general that a state agency or
political subdivision is in violation of Subsection (a) if the
resident [citizen] or person provides the agency or subdivision a
written notice that describes the violation and specific location
of the sign found to be in violation and the agency or subdivision
does not cure the violation before the end of the third business day
after the date of receiving the written notice. A complaint filed
under this subsection must include evidence of the violation and a
copy of the written notice.
(i) Subsection (a) does not apply to a written notice
provided by a state hospital under Section 552.002, Health and
Safety Code.
SECTION 3. Subchapter A, Chapter 552, Health and Safety
Code, is amended by adding Section 552.002 to read as follows:
Sec. 552.002. CARRYING OF HANDGUN BY LICENSE HOLDER IN
STATE HOSPITAL. (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.
(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 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 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.
(d) The attorney general or an appropriate prosecuting
attorney may sue to collect a civil penalty under this section.
SECTION 4. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2017.