89(R) HB 1739 - Introduced Version

relating to the notice given by a property owner prohibiting certain persons from carrying certain firearms on the property.

Bill Text

	89R5267 JSC-D
	By: Tepper	H.B. No. 1739

	A BILL TO BE ENTITLED
	AN ACT
	relating to the notice given by a property owner prohibiting
	certain persons from carrying certain firearms on the property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 30.05, Penal Code, is amended by
	amending Subsection (c) and adding Subsection (c-1) to read as
	follows:
	(c)  A person may provide notice that firearms are prohibited
	on the property by posting [a sign] at each entrance to the property
	[that]:
	(1)  a sign that:
	(A)  includes, in both English and Spanish,
	language that is identical to or substantially similar to the
	following: "Pursuant to Section 30.05, Penal Code (criminal
	trespass), a person may not enter this property with a firearm";
	(B)  [(2)  includes the language described by
	Subdivision (1) in both English and Spanish;
	[(3)]  appears in contrasting colors with block letters
	at least one-half [one] inch in height; and
	(C) [(4)]  is displayed in a conspicuous manner
	clearly visible to the public; or
	(2)  a sign that:
	(A)  includes, in both English and Spanish,
	language that is identical to or substantially similar to the
	following: "No firearms permitted on this property";
	(B)  appears on a white background with black
	block letters at least one-half inch in height;
	(C)  contains a pictogram that shows, on a white
	background, a handgun drawn in black ink within a red circle of at
	least six inches in diameter and a diagonal red line across the
	handgun; and
	(D)  is displayed in a conspicuous manner clearly
	visible to the public.
	(c-1)  Notice provided under Subsection (c) may be combined
	in the same sign as notice provided under Section 30.06(c)(3)(B) or
	(C) or Section 30.07(c)(3)(B) or (C) by including the applicable
	statement for each category of entry to be prohibited.  If notice is
	given in the manner described by Subsection (c)(2), and combined
	with notice described by Section 30.06(c)(3)(C) or Section
	30.07(c)(3)(C), it is not necessary to display more than one
	pictogram such as that described by Subsection (c)(2)(C) of this
	section.  Notice provided in the manner authorized by this
	subsection is considered to be sufficient for purposes of
	prohibiting the categories of entry described by this section,
	Section 30.06, and Section 30.07, as applicable.
	SECTION 2.  Section 30.06(c)(3), Penal Code, is amended to
	read as follows:
	(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 license holder with a concealed handgun), a
	person licensed under Subchapter H, Chapter 411, Government Code
	(handgun licensing 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-half [one] inch in height; and
	(iii)  is displayed in a conspicuous manner
	clearly visible to the public; or
	(C)  a sign posted on the property that:
	(i)  includes, in both English and Spanish,
	language that is identical to or substantially similar to the
	following: "No concealed handguns permitted on this property";
	(ii)  appears on a white background with
	black block letters at least one-half inch in height;
	(iii)  contains a pictogram that shows, on a
	white background, a handgun drawn in black ink within a red circle
	of at least six inches in diameter and a diagonal red line across
	the handgun; and
	(iv)  is displayed in a conspicuous manner
	clearly visible to the public.
	SECTION 3.  Section 30.06, Penal Code, is amended by adding
	Subsection (c-1) to read as follows:
	(c-1)  Notice provided under Subsection (c)(3)(B) or (C) may
	be combined in the same sign as notice provided under Section
	30.05(c) or Section 30.07(c)(3)(B) or (C) by including the
	applicable statement for each category of entry to be prohibited.
	If notice is given in the manner described by Subsection (c)(3)(C),
	and combined with notice described by Section 30.05(c)(2) or
	Section 30.07(c)(3)(C), it is not necessary to display more than
	one pictogram such as that described by Subsection (c)(3)(C)(iii)
	of this section.  Notice provided in the manner authorized by this
	subsection is considered to be sufficient for purposes of
	prohibiting the categories of entry described by this section,
	Section 30.05, and Section 30.07, as applicable.
	SECTION 4.  Section 30.07(c)(3), Penal Code, is amended to
	read as follows:
	(3)  "Written communication" means:
	(A)  a card or other document on which is written
	language identical to the following:  "Pursuant to Section 30.07,
	Penal Code (trespass by license holder with an openly carried
	handgun), a person licensed under Subchapter H, Chapter 411,
	Government Code (handgun licensing law), may not enter this
	property with a handgun that is carried openly"; [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-half [one] inch in height; and
	(iii)  is displayed in a conspicuous manner
	clearly visible to the public at each entrance to the property; or
	(C)  a sign posted on the property that:
	(i)  includes, in both English and Spanish,
	language that is identical to or substantially similar to the
	following: "No openly carried handguns permitted on this property";
	(ii)  appears on a white background with
	black block letters at least one-half inch in height;
	(iii)  contains a pictogram that shows, on a
	white background, a handgun drawn in black ink within a red circle
	of at least six inches in diameter and a diagonal red line across
	the handgun; and
	(iv)  is displayed in a conspicuous manner
	clearly visible to the public.
	SECTION 5.  Section 30.07, Penal Code, is amended by adding
	Subsection (c-1) to read as follows:
	(c-1)  Notice provided under Subsection (c)(3)(B) or (C) may
	be combined in the same sign as notice provided under Section
	30.05(c) or Section 30.06(c)(3)(B) or (C) by including the
	applicable statement for each category of entry to be prohibited.
	If notice is given in the manner described by Subsection (c)(3)(C),
	and combined with notice described by Section 30.05(c)(2) or
	Section 30.06(c)(3)(C), it is not necessary to display more than
	one pictogram such as that described by Subsection (c)(3)(C)(iii)
	of this section.  Notice provided in the manner authorized by this
	subsection is considered to be sufficient for purposes of
	prohibiting the categories of entry described by this section,
	Section 30.05, and Section 30.06, as applicable.
	SECTION 6.  The changes in law made 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.
	SECTION 7.  This Act takes effect September 1, 2025.

Instructor Analysis

Introduction

Overview of the bill's purpose and intent.

Key Concerns from an Instructor’s Perspective

Confusion and Misinterpretation

Potential for public confusion regarding legal rights. Importance of clear communication and consistent messaging.

Risk of Abuse

Concerns about misuse by property owners. Legal challenges and disputes that could arise.

Training and Awareness

The role of instructors in educating the public. Need for additional training on situational awareness and responsible firearm ownership.

Counteraction to Public Safety Goals

How the bill aligns (or does not) with broader public safety objectives. Importance of law-abiding concealed carry license holders in maintaining community security.

Existing Laws Sufficiency

Evaluation of whether existing laws are adequate. Potential for redundancy or unnecessary new legislation.

Educational Responsibility

The instructor's role in keeping students updated on legislative changes. Ensuring comprehensive training on lawful carrying and situational awareness.

Conclusion

Summary of the bill’s impact on public safety and individual rights. Final thoughts on balancing property rights with the responsible exercise of Second Amendment rights.

Constitutional Analysis

Introduction

Overview of the constitutional framework relevant to this bill.

Due Process

Ensuring fair and equal application of laws. Protection against discriminatory practices.

Equal Protection

Application of laws without undue discrimination. Ensuring all individuals are treated equally under the law.

State Preemption

Compatibility with Texas state preemption laws. Avoiding conflicts with local control principles.

Conclusion

Summary of constitutional considerations. Final thoughts on whether the bill complies with constitutional standards.

Texan Analysis

Introduction

Overview of Texans' values and beliefs regarding private property rights and Second Amendment rights.

Property Rights

Respect for private property ownership. Alignment with Texas's strong stance on property rights.

Second Amendment Preservation

Importance of protecting individual gun rights. Bill’s role in preserving these rights without infringement.

Local Control

Emphasis on local decision-making. How the bill exemplifies Texas’s preference for local control over state or federal mandates.

Conclusion

Summary of how the bill aligns with Texan values. Final thoughts on supporting legislation that respects both property and Second Amendment rights.