Open Carry Filed in Special Session

[RCK1999]

Just saw this

Keeping fingers crossed - politely contacting my reps!

Texas Legislature Online - 83(1) History for HB 56

 

[TxDad]

RPB has it http://www.texasguntalk.com/forums/gun-legislation/47462-special-session-83-1-a-4.html

Thanks for the heads up for those who missed the above thread.

 

[jordanmills]

Now we just need it to be called.

 

[locke_n_load]

It seems that the 30.06 sign requirement to bar people carrying concealed is dropped with this bill, which makes it sound like a simple gun-buster sign would outlaw chl holders (but open carriers would have to see a 30.07 sign), because effective notice is not defined in 30.06 anymore. Any thoughts? I posted on Lavender's FB page for clarification.

SECTION 45. Section 30.06(a), Penal Code, is amended to
	read as follows:
	(a) A license holder commits an offense if the license
	holder:
	(1) carries a concealed handgun under the authority of
	Subchapter H, Chapter 411, Government Code, on property of another
	without effective consent; and
	(2) received notice that:
	(A) entry on the property by a license holder
	with a concealed handgun was forbidden; or
	(B) remaining on the property with a concealed
	handgun was forbidden and failed to depart.
	SECTION 46. Chapter 30, Penal Code, is amended by adding
	Section 30.07 to read as follows:
	Sec.30.07.TRESPASS BY HOLDER OF LICENSE TO CARRY
	UNCONCEALED HANDGUN. (a) A license holder commits an offense if
	the license holder:
	(1)openly carries a handgun in an unconcealed manner
	under the authority of Subchapter H, Chapter 411, Government Code,
	on property of another without effective consent; and
	(2) received notice that:
	(A)entry on the property by a license holder
	openly carrying an unconcealed handgun was forbidden; or
	(B)remaining on the property while openly
	carrying an unconcealed handgun was forbidden and failed to depart.
	(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 holder of license to carry an unconcealed
	handgun), a person licensed under Subchapter H, Chapter 411,
	Government Code, may not enter this property with an unconcealed
	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 A misdemeanor.
	(e)It is an exception to the application of this section
	that the property on which the license holder openly carries the
	unconcealed 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.
	SECTION 47. Section 46.02(a-1), Penal Code, is amended to
	read as follows:

 

[ZeR0BuG]

It seems that the 30.06 sign requirement to bar people carrying concealed is dropped with this bill, which makes it sound like a simple gun-buster sign would outlaw chl holders (but open carriers would have to see a 30.07 sign), because effective notice is not defined in 30.06 anymore. Any thoughts? I posted on Lavender's FB page for clarification.

SECTION 45. Section 30.06(a), Penal Code, is amended to
	read as follows:
	(a) A license holder commits an offense if the license
	holder:
	(1) carries a concealed handgun under the authority of
	Subchapter H, Chapter 411, Government Code, on property of another
	without effective consent; and
	(2) received notice that:
	(A) entry on the property by a license holder
	with a concealed handgun was forbidden; or
	(B) remaining on the property with a concealed
	handgun was forbidden and failed to depart.
	SECTION 46. Chapter 30, Penal Code, is amended by adding
	Section 30.07 to read as follows:
	Sec.30.07.TRESPASS BY HOLDER OF LICENSE TO CARRY
	UNCONCEALED HANDGUN. (a) A license holder commits an offense if
	the license holder:
	(1)openly carries a handgun in an unconcealed manner
	under the authority of Subchapter H, Chapter 411, Government Code,
	on property of another without effective consent; and
	(2) received notice that:
	(A)entry on the property by a license holder
	openly carrying an unconcealed handgun was forbidden; or
	(B)remaining on the property while openly
	carrying an unconcealed handgun was forbidden and failed to depart.
	(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 holder of license to carry an unconcealed
	handgun), a person licensed under Subchapter H, Chapter 411,
	Government Code, may not enter this property with an unconcealed
	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 A misdemeanor.
	(e)It is an exception to the application of this section
	that the property on which the license holder openly carries the
	unconcealed 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.
	SECTION 47. Section 46.02(a-1), Penal Code, is amended to
	read as follows:

I hope that's not the case

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