HB 1856

[jmorris]

From FB post by TSRA. I did not think this was an issue. My understanding always was that licensed or not, the hotel/motel could not stop you from having your handgun in your room. IIRC this was discussed in instructor class.

HB 1856 by Rep. Cole Hefner prohibits hotels and motels from adopting policies banning guests who are License To Carry holders from storing a firearm in their rooms, or from transporting firearms directly en route to their room from their vehicle or from a location outside the property. This bill would stop the problem of showing up at your hotel with your LTC and then having no choice but to leave your gun in your car. Currently, many, many hotels don't notify you until you arrive that you cannot carry on their premises when going directly to your room or directly to your car. We SUPPORT this bill.

[Tex1961]

I think you may be referring to the property code. That applies to leased property such as a condominium and or leased property such as an apartment. Those fall under a different category since they would be considered your castle where as a hotel is a temporary location and is private property. A hotel does have the right to restrict carry whereas your apartment complex doesn’t. So I see HB 1856 as a good and necessary change. I’ll gladly admit I’m wrong if anyone more learned than me has a better answer.

viewtopic.php?t=36063

A good discussion topic here on your question. Which depending on what side of the argument you agree with could make my argument up top mute, that being said there seems to be conflicting rules and laws related to carrying in a hotel thus the reasoning behind the new bill to clarify the law.

[srothstein]

I thought we had something about hotels and I finally found it. In the Occupations Code, Chapter 2155, it is illegal for a hotel to have a policy of banning guns UNLESS it includes this policy on its reservation web site and in their written guest policies. To make sure it is there, they have to tell you how to review all of their guest policies in your reservation confirmation.

[jmorris]

Ah, found it.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
....
2) is not:
(A) on the person's own premises or premises under the person's control;
.....
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.

First question, it the room premises under my control?
Second question, does "use is temporary or permanent" apply to both or just an RV? Having "or" instead of "and" would clarify that.
Although if the first applies the second is not necessary.

I guess HB 1856 would clarify this.

I did find this
https://www.txliquorlaw.com/wp-content/ ... tality.pdf
FIREARMS LAW ISSUES IN THE HOSPITALITY INDUSTRY
DEWEY A. BRACKIN, Austin Gardere Wynne Sewell LLP
State Bar of Texas
FIREARMS LAW – WHAT EVERY TEXAS ATTORNEY NEEDS TO KNOW
September 21-22, 2016
Austin

9.Hotels, and the hotel exception as a temporary residence Texas case law states that a "residence" includes a temporary residence and includes such places as hotel rooms. A hotel guest who brings a firearm into his room is therefore by definition not committing a criminal offense. If the person must pass through hallways to get to the room the hotel operator’s only recourse if they wish to ban firearms may be to exclude the guest from the premises upon discovery of the firearm.

[Tex1961]

Ah, found it.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
....
2) is not:
(A) on the person's own premises or premises under the person's control;
.....
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.

First question, it the room premises under my control?
Second question, does "use is temporary or permanent" apply to both or just an RV? Having "or" instead of "and" would clarify that.
Although if the first applies the second is not necessary.

I guess HB 1856 would clarify this.

I did find this
https://www.txliquorlaw.com/wp-content/ ... tality.pdf
FIREARMS LAW ISSUES IN THE HOSPITALITY INDUSTRY
DEWEY A. BRACKIN, Austin Gardere Wynne Sewell LLP
State Bar of Texas
FIREARMS LAW – WHAT EVERY TEXAS ATTORNEY NEEDS TO KNOW
September 21-22, 2016
Austin

9.Hotels, and the hotel exception as a temporary residence Texas case law states that a "residence" includes a temporary residence and includes such places as hotel rooms. A hotel guest who brings a firearm into his room is therefore by definition not committing a criminal offense. If the person must pass through hallways to get to the room the hotel operator’s only recourse if they wish to ban firearms may be to exclude the guest from the premises upon discovery of the firearm.

Excellent research and conclusion... Which again necessitates the need for the new Bill....

[ELB]

Need a thumbs-up on posts from jmorris and srothstein.

[Flightmare]

For the record, you can submit written comments at this link
It's under the Homeland Security & Public Safety Committee

https://comments.house.texas.gov/home

[jerry_r60]

It looks like this has been "Left Pending In Committee". There was a statement saying a committee substitute was considered so I'm not sure if that's left pending too or that's still alive.

From https://capitol.texas.gov/Home.aspx

Actions: (descending date order)
Description Comment Date Time Journal Page
H Left pending in committee 03/18/2021
H Testimony taken/registration(s) recorded in committee 03/18/2021
H Committee substitute considered in committee 03/18/2021
H Considered in public hearing 03/18/2021
H Scheduled for public hearing on . . . 03/18/2021
H Referred to Homeland Security & Public Safety 03/11/2021 01:34 PM 435
H Read first time 03/11/2021 435
H Filed 02/11/2021

[srothstein]

It looks like this has been "Left Pending In Committee". There was a statement saying a committee substitute was considered so I'm not sure if that's left pending too or that's still alive.

This means that the bill is still alive in the committee and may be passed out of committee anytime the committee decides to. They may be looking for more information on something to help them decide. If it comes out, it will be the committee substitute bill.