Bill Text
| 89R5267 JSC-D | ||
| By: Tepper | H.B. No. 1739 | |
|
|
||
|
|
||
| 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 [ |
||
| [ |
||
| (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) [ |
||
| [ |
||
| at least one-half [ |
||
| (C) [ |
||
| 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"; [ |
||
| (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 [ |
||
| (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"; [ |
||
| (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 [ |
||
| (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. | ||
Purpose and Intent
Explanation of the bill's primary goals is not available.
Constitutional Analysis
Individual Rights Protection
Second Amendment
Discussion on how the bill aligns with Second Amendment rights and examination of any potential infringements or enhancements to gun ownership rights is not available.
Tenth Amendment
Analysis of state sovereignty and preemption issues and how the bill respects local control over firearms legislation is not available.
Legal Framework
Supremacy Clause
Discussion on federal vs. state law implications is not available.
Federal Preemption
Examination of any provisions that could preempt or override existing federal laws is not available.
Texan Perspective
Self-Reliance and Individual Freedom
Self-Defense Rights
How the bill supports Texans' right to self-defense and impact on personal safety and security is not available.
Second Amendment in Texas
Discussion of how this aligns with existing state laws and constitutional carry is not available.
Security and Public Safety
Public Safety Measures
Evaluation of any public safety provisions within the bill and potential impacts on crime rates, gun violence, and community safety is not available.
Community Empowerment
How the bill empowers local communities to address their own security needs is not available.
Legislative Impact
Economic and Social Implications
Analysis of potential economic benefits or costs and discussion on social implications for gun owners and non-gun owners alike is not available.
Implementation and Enforcement
Overview of implementation procedures and compliance requirements and discussion on enforcement strategies and penalties for violations is not available.
