Hall Handgun Bill Aims Its Penalties At The Wrong Section

The text as introduced · 1,047 words

89R10115 JSC-D

By: Hall
S.B. No. 1065

A BILL TO BE ENTITLED

AN ACT

relating to a required provision in certain governmental entity

contracts regarding the carrying of handguns by license holders;

providing civil penalties.

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

SECTION 1. Subchapter H, Chapter 411, Government Code, is

amended by adding Section 411.2095 to read as follows:

Sec. 411.2095. VIOLATION OF CONTRACT PROVISION RELATING TO

LICENSE HOLDER; CIVIL PENALTY. (a) In this section, "governmental

entity" has the meaning assigned by Section 2252.911(a).

(b) A contractor who uses property owned or leased by a

governmental entity under a contract containing a condition

described by Section 2251.911(b) may not take any action, including

an action consisting of the provision of notice by a communication

described by Section 30.06 or 30.07, Penal Code, that states or

implies that a license holder who is carrying a handgun under the

authority of this subchapter is prohibited from entering or

remaining on the property or a portion of the property unless

license holders are prohibited from carrying a handgun on the

property or that portion of the property by Section 46.03, Penal

Code, or other law.

(c) A contractor that violates Subsection (b) 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 a subsequent violation.

(d) Each day of a continuing violation of Subsection (b)

constitutes a separate violation.

(e) A resident of this state or a person licensed to carry a

handgun under this subchapter may file a complaint with the

attorney general that a contractor is in violation of Subsection

(b) if the resident or license holder provides the contractor a

written notice that describes the location and general facts of the

violation and the contractor 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 contractor.

(f) 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.

(g) Before a suit may be brought against a contractor for a

violation of Subsection (b), 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

contractor 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 contractor 15 days from receipt of the

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

contractor was found liable by a court for previously violating

Subsection (b).

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

warranted and that the contractor has not cured the violation

within the 15-day period provided by Subsection (g)(3), the

attorney general or the appropriate county or district attorney may

sue to collect the civil penalty provided by Subsection (c). The

attorney general may also file a petition for appropriate equitable

relief. A suit or petition under this subsection may be filed in a

district court in Travis County or in a county in which the

contractor's principal place of business is 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. Subchapter Z, Chapter 2252, Government Code, is

amended by adding Section 2252.911 to read as follows:

Sec. 2252.911. REQUIRED CONTRACT PROVISION RELATING TO

HANDGUNS CARRIED BY LICENSE HOLDERS. (a) In this section,

"governmental entity" means:

(1) a department, commission, board, office, or other

agency that is in the executive or legislative branch of state

government and that was created by the constitution or a statute,

including an institution of higher education as defined by Section

61.003, Education Code;

(2) the supreme court, the court of criminal appeals,

a court of appeals, a district court, or the Texas Judicial Council

or another agency in the judicial branch of state government; or

(3) a county, municipality, special-purpose district

or authority, or any other political subdivision of this state.

(b) A contract for the use of property owned or leased by a

governmental entity must include the following statement:

"______________ (name of contractor), during the term of this

contract, may not in any manner prohibit a license holder who is

carrying a handgun under the authority of Subchapter H, Chapter

411, Government Code, from entering or remaining on the property or

a portion of the property, including a prohibition imposed through

the provision of notice by a communication described by Section

30.06 or 30.07, Penal Code, unless license holders are prohibited

from carrying handguns on the property or that portion of the

property under Section 46.03, Penal Code, or other law. Each

violation of this provision may result in a civil penalty of up to

$10,500 and a judgment for the expenses associated with obtaining

relief under Section 411.2095, Government Code."

SECTION 3. The provisions of this Act are severable, and if

any provision of this Act or the application of the provision to any

person or circumstance is declared invalid for any reason, the

declaration does not affect the validity of the remaining portions

of this Act.

SECTION 4. Section 2252.911, Government Code, as added by

this Act, does not apply to a contract entered into before the

effective date of this Act, except that if the contract is renewed,

modified, or extended on or after the effective date of this Act,

Section 2252.911, Government Code, applies to the contract

beginning on the date of renewal, modification, or extension.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.