2019 Texas Statutes
Penal Code
Title 7 - Offenses Against Property
Chapter 30 - Burglary and Criminal Trespass
Section 30.07. Trespass by License Holder With an Openly Carried Handgun
Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) openly 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 entry on the property by a license holder openly carrying a handgun was forbidden.
(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 30.07, 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 inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section that the property on which the license holder openly carries the 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.
(e-1) It is a defense to prosecution under this section that:
(1) the license holder is:
(A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code;
(B) an owner of a condominium unit governed by Chapter 82, Property Code;
(C) a tenant or guest of an owner described by Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by Paragraph (A) or (B); and
(2) the license holder:
(A) carries or stores a handgun in the condominium apartment or unit owner's apartment or unit;
(B) carries a handgun directly en route to or from the condominium apartment or unit owner's apartment or unit;
(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for residents or guests of the condominium property; or
(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for residents or guests of the condominium property.
(e-2) It is a defense to prosecution under this section that:
(1) the license holder is a tenant of a leased premises governed by Chapter 92, Property Code, or the tenant's guest; and
(2) the license holder:
(A) carries or stores a handgun in the tenant's rental unit;
(B) carries a handgun directly en route to or from the tenant's rental unit;
(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or
(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises.
(e-3) It is a defense to prosecution under this section that:
(1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant's guest; and
(2) the license holder:
(A) carries or stores a handgun in the tenant's manufactured home;
(B) carries a handgun directly en route to or from the tenant's manufactured home;
(C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or
(D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises.
(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster.
(g) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.
(h) It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.
Added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 44, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 9, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 250 (H.B. 121), Sec. 2, eff. September 1, 2019.
