Texas Penal Code § 30.06. Trespass by License Holder With a Concealed Handgun




<Text of (a) effective until January 1, 2016>

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, [FN1] 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.

<Text of (a) effective January 1, 2016>

(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,  [FN1] 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.

(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:

<Text of (c)(3)(A) effective until Jan. 1, 2016>

(A) a card or other document on which is written language identical to the following:  “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun”;  or

<Text of (c)(3)(A) effective Jan. 1, 2016>

(A) a card or other document on which is written language identical to the following:  “Pursuant to Section 30.06, Penal Code (trespass by license holder withof license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun licensing law), may not enter this property with a concealed handgun”;  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.

<Text of (d) effective until January 1, 2016>

(d) An offense under this section is a Class A misdemeanor.

<Text of (d) effective January 1, 2016>

(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 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.

[FN1]

 V.T.C.A., Government Code § 411.171 et seq.


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