87R18011 NC-F
 
  By: Leman, Cain, Paul, Vasut, Schofield, H.B. No. 4346
      et al.
 
  Substitute the following for H.B. No. 4346:
 
  By:  Patterson C.S.H.B. No. 4346
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the possession, carrying, or transportation of a
  firearm by certain persons during the use of an easement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 5, Property Code, is
  amended by adding Section 5.020 to read as follows:
         Sec. 5.020.  EASEMENTS RESTRICTING POSSESSION OF FIREARMS
  PROHIBITED. (a) In this section, "firearm" has the meaning
  assigned by Section 46.01, Penal Code.  The term includes any
  firearm parts, firearm accessories, and firearm ammunition.
         (b)  An instrument granting an access easement or
  appurtenant easement may not restrict or prohibit an easement
  holder or an easement holder's guest from possessing, carrying, or
  transporting a firearm while using the easement for the easement's
  purpose.
         (c)  The owner of a servient estate may not enforce a
  restrictive covenant in an instrument granting an easement on the
  servient estate that restricts or prohibits the easement holder or
  the easement holder's guest from possessing, carrying, or
  transporting a firearm while using the easement for the easement's
  purpose.
         SECTION 2.  Section 5.020, Property Code, as added by this
  Act, applies to an easement granted before, on, or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.