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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of handguns by license holders on the |
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property of state hospitals; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.209, Government Code, |
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is amended to read as follows: |
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Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN |
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LICENSE HOLDER. |
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SECTION 2. Section 411.209, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (i) to read |
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as follows: |
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(a) Except as provided by Subsection (i), a [A] state agency |
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or a political subdivision of the state may not provide notice by a |
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communication described by Section 30.06, Penal Code, or by any |
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sign expressly referring to that law or to a [concealed handgun] |
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license to carry a handgun, that a license holder carrying a handgun |
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under the authority of this subchapter is prohibited from entering |
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or remaining on a premises or other place owned or leased by the |
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governmental entity unless license holders are prohibited from |
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carrying a handgun on the premises or other place by Section 46.03 |
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or 46.035, Penal Code. |
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(d) A resident [citizen] of this state or a person licensed |
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to carry a [concealed] handgun under this subchapter may file a |
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complaint with the attorney general that a state agency or |
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political subdivision is in violation of Subsection (a) if the |
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resident [citizen] or person provides the agency or subdivision a |
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written notice that describes the violation and specific location |
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of the sign found to be in violation and the agency or subdivision |
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does not cure the violation before the end of the third business day |
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after the date of receiving the written notice. A complaint filed |
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under this subsection must include evidence of the violation and a |
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copy of the written notice. |
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(i) Subsection (a) does not apply to a written notice |
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provided by a state hospital under Section 552.002, Health and |
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Safety Code. |
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SECTION 3. Subchapter A, Chapter 552, Health and Safety |
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Code, is amended by adding Section 552.002 to read as follows: |
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Sec. 552.002. CARRYING OF HANDGUN BY LICENSE HOLDER IN |
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STATE HOSPITAL. (a) In this section: |
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(1) "License holder" has the meaning assigned by |
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Section 46.035(f), Penal Code. |
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(2) "State hospital" means the following facilities: |
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(A) the Austin State Hospital; |
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(B) the Big Spring State Hospital; |
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(C) the El Paso Psychiatric Center; |
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(D) the Kerrville State Hospital; |
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(E) the North Texas State Hospital; |
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(F) the Rio Grande State Center; |
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(G) the Rusk State Hospital; |
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(H) the San Antonio State Hospital; |
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(I) the Terrell State Hospital; and |
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(J) the Waco Center for Youth. |
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(3) "Written notice" means a sign that is posted on |
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property and that: |
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(A) includes in both English and Spanish written |
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language identical to the following: "Pursuant to Section 552.002, |
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Health and Safety Code (carrying of handgun by license holder in |
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state hospital), a person licensed under Subchapter H, Chapter 411, |
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Government Code (handgun licensing law), may not enter this |
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property with a handgun"; |
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(B) appears in contrasting colors with block |
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letters at least one inch in height; and |
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(C) is displayed in a conspicuous manner clearly |
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visible to the public at each entrance to the property. |
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(b) A state hospital may prohibit a license holder from |
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carrying a handgun under the authority of Subchapter H, Chapter |
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411, Government Code, on the property of the hospital by providing |
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written notice. |
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(c) A license holder who carries a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, on the |
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property of a state hospital at which written notice is provided is |
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liable for a civil penalty in the amount of: |
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(1) $100 for the first violation; or |
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(2) $500 for the second or subsequent violation. |
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(d) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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SECTION 4. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |