HB 750

[Texgun]

If this passes as written, it appears it will no longer be a crime to attend professional or collegiate sporting events with your CHL and handgun in Texas unless the property owner posts a valid 30.06 sign. With many college campus stadia on state/government owned property, 30.06 postings would not be a legitimate/legal option at those locations.

SECTION 4. Section 46.035(i), Penal Code, is amended to
read as follows:
(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
not apply if the actor was not given effective notice under Section
30.06.

Anyone have a contrary interpretation?

[Texgun]

The language in SB 354 is this SECTION 4. Section 46.035, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) Subsection (b)(2) does not apply on the premises where a
collegiate sporting event is taking place if the actor was not given
effective notice under Section 30.06.

I believe the language in the senate version would ONLY exempt you from collegiate sporting events, not professional.

[Douva]

If this passes as written, it appears it will no longer be a crime to attend professional or collegiate sporting events with your CHL and handgun in Texas unless the property owner posts a valid 30.06 sign. With many college campus stadia on state/government owned property, 30.06 postings would not be a legitimate/legal option at those locations.

SECTION 4. Section 46.035(i), Penal Code, is amended to
read as follows:
(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
not apply if the actor was not given effective notice under Section
30.06.

Anyone have a contrary interpretation?

TX PC 30.06[e] states, "It is an exception to the application of this section that the property on which the license holder carries a 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 [emphasis added]."

Under the revised law, concealed carry would still be illegal at a collegiate sporting event but only if the event is posted 30.06. Therefore, if posted, the event would still be a prohibited place under 46.035 and could, therefore, still be posted 30.06.

Because government meetings are still listed in 46.035, concealed carry can still be banned at them; therefore, I think it's safe to assume that because collegiate sporting events would (under SB 750) still be listed in 46.035, concealed carry could still be banned at them.

It sounds confusing because it is. But unless the Texas Legislature illegally posted 30.06 on the House and Senate galleries for two consecutive sessions, my interpretation is correct.

[Texgun]

30.06e prevents this from applying.

[Keith B]

If this passes as written, it appears it will no longer be a crime to attend professional or collegiate sporting events with your CHL and handgun in Texas unless the property owner posts a valid 30.06 sign. With many college campus stadia on state/government owned property, 30.06 postings would not be a legitimate/legal option at those locations.

SECTION 4. Section 46.035(i), Penal Code, is amended to
read as follows:
(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
not apply if the actor was not given effective notice under Section
30.06.

Anyone have a contrary interpretation?

TX PC 30.06[e] states, "It is an exception to the application of this section that the property on which the license holder carries a 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 [emphasis added]."

Under the revised law, concealed carry would still be illegal at a collegiate sporting event but only if the event is posted 30.06. Therefore, if posted, the event would still be a prohibited place under 46.035 and could, therefore, still be posted 30.06.

Because government meetings are still listed in 46.035, concealed carry can still be banned at them; therefore, I think it's safe to assume that because collegiate sporting events would (under SB 750) still be listed in 46.035, concealed carry could still be banned at them.

It sounds confusing because it is. But unless the Texas Legislature illegally posted 30.06 on the House and Senate galleries for two consecutive sessions, my interpretation is correct.

Not correct. See below the separate statement for government meetings and they must be posted with 30.06 per section (i), just like amusement parks,churches and hospitals now. By adding (b)2 in section (i) it then that will force those listed in the section to have to post a 30.06 to be off limits. See how it would be listed below.

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) 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, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
(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, at any meeting of a
governmental entity.
(d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e)
is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony
of the third degree.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.
(i) Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.

Added by Acts 1995, 74th Leg., ch. 229, § 4, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 10.04, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1261, § 26, 27, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1420, § 14.833, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 976, § 3, eff. Sept. 1, 2005.

[Charles L. Cotton]

30.06e prevents this from applying.

TPC §30.06(e) keeps governmental agencies from being able to enforce 30.06 signs on it's property, unless the location is already off-limits by statute. Since college sporting events are already off-limits, they can be posted, but that doesn't have any impact since it's already off-limits. If HB750 passes, college sporting events will be off-limits only if a 30.06 sign is posted. In essence, HB750 will put college sporting events on the same footing as churches, hospitals/nursing homes, and meetings of governmental agencies.

Chas.

[Douva]

30.06e prevents this from applying.

Not correct. See below the separate statement for government meetings and they must be posted with 30.06 per section (i), just like amusement parks,churches and hospitals now. By adding (b)2 in section (i) it then that will force those listed in the section to have to post a 30.06 to be off limits. See how it would be listed below.

Actually, as Cotton explained, I was correct.

[Douva]

30.06e prevents this from applying.

TPC §30.06(e) keeps governmental agencies from being able to enforce 30.06 signs on it's property, unless the location is already off-limits by statute. Since college sporting events are already off-limits, they can be posted, but that doesn't have any impact since it's already off-limits. If HB750 passes, college sporting events will be off-limits only if a 30.06 sign is posted. In essence, HB750 will put college sporting events on the same footing as churches, hospitals/nursing homes, and meetings of governmental agencies.

Chas.

Thank you. That's what I was trying to explain, but I apparently didn't do a very good job of getting my point across.

[Keith B]

30.06e prevents this from applying.

Not correct. See below the separate statement for government meetings and they must be posted with 30.06 per section (i), just like amusement parks,churches and hospitals now. By adding (b)2 in section (i) it then that will force those listed in the section to have to post a 30.06 to be off limits. See how it would be listed below.

Actually, as Cotton explained, I was correct.

Sorry, I was misinterpreting your interpretation and thought you were stating that it would not exempt you, but in rereading we are agreeing that it does.

And as stated, it will only apply to collegiate events.