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            |  | A BILL TO BE ENTITLED | 
         
            |  | AN ACT | 
         
            |  | relating to carrying and storing a handgun or handgun ammunition by | 
         
            |  | a hotel guest. | 
         
            |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
            |  | SECTION 1.  The heading to Subchapter C, Chapter 2155, | 
         
            |  | Occupations Code, is amended to read as follows: | 
         
            |  | SUBCHAPTER C.  FIREARMS POLICY [ NOTICE] | 
         
            |  | SECTION 2.  Section 2155.101, Occupations Code, is amended | 
         
            |  | to read as follows: | 
         
            |  | Sec. 2155.101.  DEFINITION.  In this subchapter, "hotel" | 
         
            |  | means a hotel, motel, inn, or similar business entity that offers | 
         
            |  | more than 10 rooms to the public for temporary lodging for a fee | 
         
            |  | [ has the meaning assigned by Section 156.001, Tax Code]. | 
         
            |  | SECTION 3.  Subchapter C, Chapter 2155, Occupations Code, is | 
         
            |  | amended by adding Section 2155.1025 to read as follows: | 
         
            |  | Sec. 2155.1025.  APPLICABILITY OF FIREARMS POLICY TO | 
         
            |  | HANDGUNS.  (a)  Unless possession of a handgun or handgun ammunition | 
         
            |  | on hotel property is prohibited by state or federal law, a hotel may | 
         
            |  | not adopt a firearms policy described by Section 2155.102 | 
         
            |  | prohibiting a hotel guest from: | 
         
            |  | (1)  carrying or storing a handgun or handgun | 
         
            |  | ammunition in the guest's hotel room; | 
         
            |  | (2)  carrying a handgun or handgun ammunition directly | 
         
            |  | en route to or from the hotel or the guest's hotel room; | 
         
            |  | (3)  carrying a handgun or handgun ammunition directly | 
         
            |  | en route to or from the guest's vehicle located on the hotel | 
         
            |  | property, including a vehicle in a parking area provided for hotel | 
         
            |  | guests; or | 
         
            |  | (4)  carrying or storing a handgun or handgun | 
         
            |  | ammunition in the guest's vehicle located on the hotel property, | 
         
            |  | including a vehicle in a parking area provided for hotel guests. | 
         
            |  | (b)  A hotel may adopt a firearms policy requiring a hotel | 
         
            |  | guest carrying a handgun or handgun ammunition in a common area on | 
         
            |  | the hotel property to: | 
         
            |  | (1)  carry a handgun in a concealed manner; or | 
         
            |  | (2)  carry handgun ammunition in a case or bag. | 
         
            |  | SECTION 4.  Section 30.05, Penal Code, is amended by adding | 
         
            |  | Subsection (f-4) to read as follows: | 
         
            |  | (f-4)  It is a defense to prosecution under this section | 
         
            |  | that: | 
         
            |  | (1)  the conduct occurred on hotel property, and the | 
         
            |  | basis on which entry on that property was forbidden is that entry | 
         
            |  | with a firearm or firearm ammunition was forbidden; | 
         
            |  | (2)  the actor is a guest of a hotel, as defined by | 
         
            |  | Section 2155.101, Occupations Code; and | 
         
            |  | (3)  the actor: | 
         
            |  | (A)  carries or stores a handgun or handgun | 
         
            |  | ammunition in the actor's hotel room; | 
         
            |  | (B)  carries a handgun or handgun ammunition | 
         
            |  | directly en route to or from the hotel or the actor's hotel room; | 
         
            |  | (C)  carries a handgun or handgun ammunition | 
         
            |  | directly en route to or from the actor's vehicle located on the | 
         
            |  | hotel property, including a vehicle in a parking area provided for | 
         
            |  | hotel guests; or | 
         
            |  | (D)  carries or stores a handgun or handgun | 
         
            |  | ammunition in the actor's vehicle located on the hotel property, | 
         
            |  | including a vehicle in a parking area provided for hotel guests. | 
         
            |  | SECTION 5.  Section 30.06, Penal Code, is amended by adding | 
         
            |  | Subsection (e-4) to read as follows: | 
         
            |  | (e-4)  It is a defense to prosecution under this section that | 
         
            |  | the license holder is a guest of a hotel, as defined by Section | 
         
            |  | 2155.101, Occupations Code, and the license holder: | 
         
            |  | (1)  carries or stores a handgun in the license holder's | 
         
            |  | hotel room; | 
         
            |  | (2)  carries a handgun directly en route to or from the | 
         
            |  | hotel or the license holder's hotel room; | 
         
            |  | (3)  carries a handgun directly en route to or from the | 
         
            |  | license holder's vehicle located on the hotel property, including a | 
         
            |  | vehicle in a parking area provided for hotel guests; or | 
         
            |  | (4)  carries or stores a handgun in the license holder's | 
         
            |  | vehicle located on the hotel property, including a vehicle in a | 
         
            |  | parking area provided for hotel guests. | 
         
            |  | SECTION 6.  Section 30.07, Penal Code, is amended by adding | 
         
            |  | Subsection (e-4) to read as follows: | 
         
            |  | (e-4)  It is a defense to prosecution under this section that | 
         
            |  | the license holder is a guest of a hotel, as defined by Section | 
         
            |  | 2155.101, Occupations Code, and the license holder: | 
         
            |  | (1)  carries or stores a handgun in the license holder's | 
         
            |  | hotel room; | 
         
            |  | (2)  carries a handgun directly en route to or from the | 
         
            |  | hotel or the license holder's hotel room; | 
         
            |  | (3)  carries a handgun directly en route to or from the | 
         
            |  | license holder's vehicle located on the hotel property, including a | 
         
            |  | vehicle in a parking area provided for hotel guests; or | 
         
            |  | (4)  carries or stores a handgun in the license holder's | 
         
            |  | vehicle located on the hotel property, including a vehicle in a | 
         
            |  | parking area provided for hotel guests. | 
         
            |  | SECTION 7.  Sections 30.05, 30.06, and 30.07, Penal Code, as | 
         
            |  | amended 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 on the | 
         
            |  | date 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 8.  This Act takes effect September 1, 2021. |