Anybody have the exact text of the Texas CHL revisions?

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Blackhawk

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The Texas Governor signed CCSB 501, which puts the britches on government agencies that took it upon themselves to bar CHL holders from carrying in public places contrary to the legislative intent of Texas Penal Code Section 30.06.

Sub-paragraphs (e), (f), and (g) were added. (f) and (g) basically say that (e) doesn't prohibit agencies from barring CHL holders from carrying in leased facilities provided that oral or written notice is given under 30.06.

However, I can't find the actual text of (e)! Anybody know what it is? :confused:
 
SECTION 2. Section 30.06, Penal Code, is amended by adding
Subsection (e) to read as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

This is from the enrolled bill sent to Governor Perry.
 
Thanks, Lonnie! :D

I was wrong. Section 30.05 was amended by adding 2 subsections:
(f) ???? :confused:

(g) Subsection (f) does not prohibit a municipality, county, or the state from prohibiting a license holder from carrying a concealed handgun in buildings owned or leased by the municipality, county, or the state provided that the municipality, county, or state gives notice by oral or written communication pursuant to Section 30.06(c)(3).

Section 30.06 was amended to add 2 subsections:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

(f) Subsection (e) does not prohibit a municipality, county, or the state from prohibiting a license holder from carrying a concealed handgun in buildings owned or leased by the municipality, county, or the state provided that the municipality, county, or state gives notice by oral or written communication pursuant to Section 30.06(c)(3).

Is Section 30.05(f) identical to Section 30.06(e)?
 
Here is the enrolled bill in its entirety from the Leg. website...


http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00501&VERSION=5&TYPE=B

S.B. No. 501




AN ACT

relating to the places where weapons are prohibited and to the
application of criminal trespass laws to persons licensed to carry
a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.05, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.
SECTION 2. Section 30.06, Penal Code, is amended by adding
Subsection (e) to read as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.
SECTION 3. Subsection (a), Section 46.03, Penal Code, is
amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of [in] any government court or
offices utilized by the court, unless pursuant to written
regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
SECTION 4. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense was committed before that date.





______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 501 passed the Senate on
April 3, 2003, by a viva-voce vote; and that the Senate concurred
in House amendment on May 23, 2003, by a viva-voce vote.




______________________________
Secretary of the Senate
I hereby certify that S.B. No. 501 passed the House, with
amendment, on May 16, 2003, by a non-record vote.




______________________________
Chief Clerk of the House



Approved:


______________________________
Date



______________________________
Governor
 
Thanks, Mac! The link is especially helpful. :D

So, the sections are amended with these provisions:
Section 30.05:

(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

(g) Subsection (f) does not prohibit a municipality, county, or the state from prohibiting a license holder from carrying a concealed handgun in buildings owned or leased by the municipality, county, or the state provided that the municipality, county, or state gives notice by oral or written communication pursuant to Section 30.06(c)(3).

Section 30.06:

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

(f) Subsection (e) does not prohibit a municipality, county, or the state from prohibiting a license holder from carrying a concealed handgun in buildings owned or leased by the municipality, county, or the state provided that the municipality, county, or state gives notice by oral or written communication pursuant to Section 30.06(c)(3).

Section 46.03:

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
Note that the old Section 46.03(b), (c), (d), (e), (f), (g), (h), and (i) have been deleted!

The full impact of the legislation is going to take some studying....
 
Well, I think you're close, but you show a 30.05 (g), and 30.06 (f) that were stripped from the enrolled version. Maybe I'm reading it wrong, but I don't see them in the final version. I think that they were in the house version, but didn't survive because they would have eviscerated the intent of the bill, which specifically disallows cities from placing such signs.
So, as far as I can tell, it's even better than you think!:)
 
It is my understanding that 30.05 will, from Sep. 1, read like this...

§ 30.05. Criminal Trespass

(a) A person commits an offense if he enters or remains on property, including an aircraft, of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:

(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

(3) "Shelter center" has the meaning assigned by Section 51.002(1), Human Resources Code.

(4) "Forest land" means land on which the trees are potentially valuable for timber products.

(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.

(6) "Superfund site" means a facility that:

(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or

(B) is listed on the state registry established under Section 361.181, Health and Safety Code.

(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances.

(d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:

(1) the offense is committed:

(A) in a habitation or a shelter center; or

(B) on a Superfund site; or

(2) the actor carries a deadly weapon on or about his person during the commission of the offense.

(e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person:

(1) enters or remains on agricultural land of another;

(2) is on the agricultural land and within 100 feet of the boundary of the land when apprehended; and

(3) had notice that the entry was forbidden or received notice to depart but failed to do so.

(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and

(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.
 
And that 30.06 will read like this...

§ 30.06. Trespass by Holder of License to Carry Concealed Handgun

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.
 
Mac, check out this link: http://www.capitol.state.tx.us/sjrnl/78r/html/sj04-03-f.htm where it says:
COMMITTEEiiSUBSTITUTE
SENATE BILL 501 ON THIRD READING

Senator Armbrister moved to suspend the regular order of business to take up for consideration CSSBi501 at this time on its third reading and final passage:

CSSB 501, Relating to laws regulating the carrying of weapons, including the application of criminal trespass laws to persons licensed to carry a concealed handgun.

The motion prevailed by a viva voce vote.

The bill was read third time.

Senator Ratliff offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 501 (Senate committee printing) as follows:

1.iiOn page 1, amend SECTION 1 by adding a new subsection (g) to Sectioni30.05, Penal Code, to read:

"(g)iiSubsection (f) does not prohibit a municipality, county, or the state from prohibiting a license holder from carrying a concealed handgun in buildings owned or leased by the municipality, county, or the state provided that the municipality, county, or state gives notice by oral or written communication pursuant to Sectioni30.06(c)(3)."

2.iiOn page 2, amend SECTION 2 by adding a new subsection (f) to Section 30.06, Penal Code, to read:

"(f)iiSubsection (e) does not prohibit a municipality, county, or the state from prohibiting a license holder from carrying a concealed handgun in buildings owned or leased by the municipality, county, or the state provided that the municipality, county, or state gives notice by oral or written communication pursuant to Sectioni30.06(c)(3)."

The floor amendment was read and was adopted by a viva voce vote.

On motion of Senator Armbrister and by unanimous consent, the caption was again amended to conform to the body of the bill as amended.

CSSB 501 as amended was finally passed by a viva voce vote.

Thursday, April 3, 2003 SENATE JOURNAL 821
I like your way of thinking much better, Mac! These amendments seem to take away what the bill was supposed to give. Maybe they died elsewhere....
 
Mac, check out this link: http://www.capitol.state.tx.us/sjrn...l/sj04-03-f.htm where it says:

COMMITTEEiiSUBSTITUTE
SENATE BILL 501 ON THIRD READING

Aha! The one you have quoted is the committee substitute, which was revised to match the House version...giving us the final, enrolled version. You can look at the chain of revisions at -

http://www.capitol.state.tx.us/cgi-...&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00501

And the list of actions here -



http://www.capitol.state.tx.us/cgi-bin/db2www/tlo/billhist/actions.d2w/report?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00501&SORT=Asc

At least, that's how I read it. Hope I'm not smokin' crack!;)
 
I think you're absolutely right, Mac! :D

Thanks for your dogged plowing through that forest! :what:
 
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