bill rewriting tenant gun rights on leased premises

The text as introduced · 598 words

89R4102 JBD-D

By: Richardson
H.B. No. 2031

A BILL TO BE ENTITLED

AN ACT

relating to the possession, carrying, transporting, or storing of a

firearm or firearm ammunition by a tenant on the leased premises;

providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 92.026, Property Code, is amended to

read as follows:

Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION

ON LEASED PREMISES. (a) Unless possession of a firearm or firearm

ammunition on a landlord's property is prohibited by state or

federal law, a landlord may not prohibit a tenant or a tenant's

guest from lawfully possessing, carrying, transporting, or storing

a firearm, any part of a firearm, or firearm ammunition:

(1) in the tenant's rental unit;

(2) in a vehicle located in a parking area provided for

tenants or guests by the landlord of the leased premises; or

(3) in other locations controlled by the landlord as

necessary to:

(A) enter or exit the tenant's rental unit;

(B) enter or exit the leased premises; or

(C) enter or exit a vehicle on the leased

premises or located in a parking area provided by the landlord for

tenants or guests.

(b) A landlord that violates Subsection (a) is liable for a

civil penalty of:

(1) not less than $1,000 and not more than $1,500 for

the first violation; and

(2) not less than $10,000 and not more than $10,500 for

the second or subsequent violation.

(c) A tenant of a landlord in violation of Subsection (a)

may file a complaint with the attorney general that the landlord is

in violation of Subsection (a) if the tenant provides the landlord

with a written notice that describes the location and general facts

of the violation and the landlord does not cure the violation before

the end of the third business day after the date of receiving the

written notice. A complaint filed with the attorney general under

this subsection must include evidence of the violation and a copy of

the written notice provided to the landlord.

(d) A civil penalty collected by the attorney general under

this section shall be deposited to the credit of the compensation to

victims of crime fund established under Subchapter J, Chapter 56B,

Code of Criminal Procedure.

(e) Before a suit may be brought against a landlord for a

violation of Subsection (a), the attorney general must investigate

the complaint to determine whether legal action is warranted. If

legal action is warranted, the attorney general must give the

landlord charged with the violation a written notice that:

(1) describes the violation;

(2) states the amount of the proposed penalty for the

violation; and

(3) gives the landlord 15 days from receipt of the

notice to cure the violation to avoid the penalty, unless the

landlord was found liable by a court for previously violating

Subsection (a).

(f) If the attorney general determines that legal action is

warranted and that the landlord has not cured the violation within

the 15-day period provided by Subsection (e)(3), the attorney

general or the appropriate county or district attorney may sue to

collect the civil penalty provided by Subsection (b). The attorney

general may also apply for any appropriate equitable relief. A suit

or petition under this subsection may be filed in a district court

in a county in which the premises are located. The attorney general

may recover reasonable expenses incurred in obtaining relief under

this subsection, including court costs, reasonable attorney's

fees, investigative costs, witness fees, and deposition costs.

SECTION 2. This Act takes effect September 1, 2025.