Anyone else catch this? It was filed yesterday. I may be reading it wrong but it looks like it creates an offense making it illegal for a government worker to attempt to turn away legally armed citizens by claiming 30.06. Am I correct on this?
relating to certain laws relating to carrying concealed handguns on
property owned or leased by a governmental entity; creating an
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Penal Code, is amended by adding
Section 30.061 to read as follows: Sec. 30.061. WRONGFUL EXCLUSION OF CONCEALED HANDGUN
LICENSE HOLDER. (a) In this section:
(1) "License holder" has the meaning assigned by
(2) "Public employee" means an employee or appointed
officer other than an independent contractor who is paid to perform
services for a state or local governmental entity.
(b) A person commits an offense if the person is a public
employee who provides notice under Section 30.06 to a license
holder carrying a handgun under the authority of Subchapter H,
Chapter 411, Government Code, that entering or remaining on a
premises or other place owned or leased by a governmental entity is
(1) the license holder is not prohibited from carrying
a handgun on the premises or other place by Section 46.03 or Section
(2) the public employee is reckless as to whether a
license holder is prohibited from carrying a handgun on the
premises or other place.
(c) An offense under this section is a Class C misdemeanor
with a minimum fine of $250. If it is shown on the trial of the
offense that the notice was provided by written communication, each
day of a continuing violation constitutes a separate violation.
SECTION 2. Section 46.035(c), Penal Code, is amended to
read as follows:
(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, in the room or rooms
where a meeting of a governmental entity is held and if the
meeting is an open meeting subject to Chapter 551, Government Code,
and the entity provided notice as required by that chapter.
SECTION 3. The change in law made by this Act in amending
Section 46.035(c), Penal Code, applies 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. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2013.