H.B. No. 302

	AN ACT
	relating to the carrying, storage, or possession of a firearm or
	firearm ammunition by certain persons on certain residential or
	commercial property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 30.05, Penal Code, is amended by adding
	Subsections (f-1), (f-2), and (f-3) to read as follows:
	(f-1)  It is a defense to prosecution under this section
	that:
	(1)  the basis on which entry on the property was
	forbidden is that entry with a firearm or firearm ammunition was
	forbidden;
	(2)  the actor is:
	(A)  an owner of an apartment in a condominium
	regime governed by Chapter 81, Property Code;
	(B)  an owner of a condominium unit governed by
	Chapter 82, Property Code;
	(C)  a tenant or guest of an owner described by
	Paragraph (A) or (B); or
	(D)  a guest of a tenant of an owner described by
	Paragraph (A) or (B);
	(3)  the actor:
	(A)  carries or stores a firearm or firearm
	ammunition in the condominium apartment or unit owner's apartment
	or unit;
	(B)  carries a firearm or firearm ammunition
	directly en route to or from the condominium apartment or unit
	owner's apartment or unit;
	(C)  carries a firearm or firearm ammunition
	directly en route to or from the actor's vehicle located in a
	parking area provided for residents or guests of the condominium
	property; or
	(D)  carries or stores a firearm or firearm
	ammunition in the actor's vehicle located in a parking area
	provided for residents or guests of the condominium property; and
	(4)  the actor is not otherwise prohibited by law from
	possessing a firearm or firearm ammunition.
	(f-2)  It is a defense to prosecution under this section
	that:
	(1)  the basis on which entry on a leased premises
	governed by Chapter 92, Property Code, was forbidden is that entry
	with a firearm or firearm ammunition was forbidden;
	(2)  the actor is a tenant of the leased premises or the
	tenant's guest;
	(3)  the actor:
	(A)  carries or stores a firearm or firearm
	ammunition in the tenant's rental unit;
	(B)  carries a firearm or firearm ammunition
	directly en route to or from the tenant's rental unit;
	(C)  carries a firearm or firearm ammunition
	directly en route to or from the actor's vehicle located in a
	parking area provided for tenants or guests by the landlord of the
	leased premises; or
	(D)  carries or stores a firearm or firearm
	ammunition in the actor's vehicle located in a parking area
	provided for tenants or guests by the landlord of the leased
	premises; and
	(4)  the actor is not otherwise prohibited by law from
	possessing a firearm or firearm ammunition.
	(f-3)  It is a defense to prosecution under this section
	that:
	(1)  the basis on which entry on a leased premises
	governed by Chapter 94, Property Code, was forbidden is that entry
	with a firearm or firearm ammunition was forbidden;
	(2)  the actor is a tenant of a manufactured home lot or
	the tenant's guest;
	(3)  the actor:
	(A)  carries or stores a firearm or firearm
	ammunition in the tenant's manufactured home;
	(B)  carries a firearm or firearm ammunition
	directly en route to or from the tenant's manufactured home;
	(C)  carries a firearm or firearm ammunition
	directly en route to or from the actor's vehicle located in a
	parking area provided for tenants or tenants' guests by the
	landlord of the leased premises; or
	(D)  carries or stores a firearm or firearm
	ammunition in the actor's vehicle located in a parking area
	provided for tenants or tenants' guests by the landlord of the
	leased premises; and
	(4)  the actor is not otherwise prohibited by law from
	possessing a firearm or firearm ammunition.
	SECTION 2.  Section 30.06, Penal Code, is amended by adding
	Subsections (e-1), (e-2), and (e-3) to read as follows:
	(e-1)  It is a defense to prosecution under this section
	that:
	(1)  the license holder is:
	(A)  an owner of an apartment in a condominium
	regime governed by Chapter 81, Property Code;
	(B)  an owner of a condominium unit governed by
	Chapter 82, Property Code;
	(C)  a tenant or guest of an owner described by
	Paragraph (A) or (B); or
	(D)  a guest of a tenant of an owner described by
	Paragraph (A) or (B); and
	(2)  the license holder:
	(A)  carries or stores a handgun in the
	condominium apartment or unit owner's apartment or unit;
	(B)  carries a handgun directly en route to or
	from the condominium apartment or unit owner's apartment or unit;
	(C)  carries a handgun directly en route to or
	from the license holder's vehicle located in a parking area
	provided for residents or guests of the condominium property; or
	(D)  carries or stores a handgun in the license
	holder's vehicle located in a parking area provided for residents
	or guests of the condominium property.
	(e-2)  It is a defense to prosecution under this section
	that:
	(1)  the license holder is a tenant of a leased premises
	governed by Chapter 92, Property Code, or the tenant's guest; and
	(2)  the license holder:
	(A)  carries or stores a handgun in the tenant's
	rental unit;
	(B)  carries a handgun directly en route to or
	from the tenant's rental unit;
	(C)  carries a handgun directly en route to or
	from the license holder's vehicle located in a parking area
	provided for tenants or guests by the landlord of the leased
	premises; or
	(D)  carries or stores a handgun in the license
	holder's vehicle located in a parking area provided for tenants or
	guests by the landlord of the leased premises.
	(e-3)  It is a defense to prosecution under this section
	that:
	(1)  the license holder is a tenant of a manufactured
	home lot governed by Chapter 94, Property Code, or the tenant's
	guest; and
	(2)  the license holder:
	(A)  carries or stores a handgun in the tenant's
	manufactured home;
	(B)  carries a handgun directly en route to or
	from the tenant's manufactured home;
	(C)  carries a handgun directly en route to or
	from the license holder's vehicle located in a parking area
	provided for tenants or tenants' guests by the landlord of the
	leased premises; or
	(D)  carries or stores a handgun in the license
	holder's vehicle located in a parking area provided for tenants or
	tenants' guests by the landlord of the leased premises.
	SECTION 3.  Section 30.07, Penal Code, is amended by adding
	Subsections (e-1), (e-2), and (e-3) to read as follows:
	(e-1)  It is a defense to prosecution under this section
	that:
	(1)  the license holder is:
	(A)  an owner of an apartment in a condominium
	regime governed by Chapter 81, Property Code;
	(B)  an owner of a condominium unit governed by
	Chapter 82, Property Code;
	(C)  a tenant or guest of an owner described by
	Paragraph (A) or (B); or
	(D)  a guest of a tenant of an owner described by
	Paragraph (A) or (B); and
	(2)  the license holder:
	(A)  carries or stores a handgun in the
	condominium apartment or unit owner's apartment or unit;
	(B)  carries a handgun directly en route to or
	from the condominium apartment or unit owner's apartment or unit;
	(C)  carries a handgun directly en route to or
	from the license holder's vehicle located in a parking area
	provided for residents or guests of the condominium property; or
	(D)  carries or stores a handgun in the license
	holder's vehicle located in a parking area provided for residents
	or guests of the condominium property.
	(e-2)  It is a defense to prosecution under this section
	that:
	(1)  the license holder is a tenant of a leased premises
	governed by Chapter 92, Property Code, or the tenant's guest; and
	(2)  the license holder:
	(A)  carries or stores a handgun in the tenant's
	rental unit;
	(B)  carries a handgun directly en route to or
	from the tenant's rental unit;
	(C)  carries a handgun directly en route to or
	from the license holder's vehicle located in a parking area
	provided for tenants or guests by the landlord of the leased
	premises; or
	(D)  carries or stores a handgun in the license
	holder's vehicle located in a parking area provided for tenants or
	guests by the landlord of the leased premises.
	(e-3)  It is a defense to prosecution under this section
	that:
	(1)  the license holder is a tenant of a manufactured
	home lot governed by Chapter 94, Property Code, or the tenant's
	guest; and
	(2)  the license holder:
	(A)  carries or stores a handgun in the tenant's
	manufactured home;
	(B)  carries a handgun directly en route to or
	from the tenant's manufactured home;
	(C)  carries a handgun directly en route to or
	from the license holder's vehicle located in a parking area
	provided for tenants or tenants' guests by the landlord of the
	leased premises; or
	(D)  carries or stores a handgun in the license
	holder's vehicle located in a parking area provided for tenants or
	tenants' guests by the landlord of the leased premises.
	SECTION 4.  Section 82.002, Property Code, is amended by
	adding Subsection (c-1) to read as follows:
	(c-1)  Section 82.121 applies to a condominium for which the
	declaration was recorded before January 1, 1994.
	SECTION 5.  Subchapter C, Chapter 82, Property Code, is
	amended by adding Section 82.121 to read as follows:
	Sec. 82.121.  POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
	CONDOMINIUM PROPERTY. (a)  Unless possession of a firearm or
	firearm ammunition on condominium property is prohibited by state
	or federal law, a condominium unit owner, or a tenant or guest of a
	condominium unit owner, or a guest of a tenant of a condominium unit
	owner may not be prohibited from lawfully possessing, carrying,
	transporting, or storing a firearm, any part of a firearm, or
	firearm ammunition:
	(1)  in the condominium unit owner's unit;
	(2)  in a vehicle located in a parking area provided for
	the residents or guests of the condominium property; or
	(3)  in other common element locations as necessary to:
	(A)  enter or exit the condominium property;
	(B)  enter or exit the condominium unit owner's
	unit; or
	(C)  enter or exit a vehicle on the condominium
	property or located in a parking area provided for residents or
	guests of the condominium property.
	(b)  This section applies notwithstanding any provision of a
	dedicatory instrument to the contrary and regardless of the date of
	the provision's adoption.
	SECTION 6.  Subchapter A, Chapter 92, Property Code, is
	amended by adding Section 92.026 to read as follows:
	Sec. 92.026.  POSSESSION OF FIREARMS OR FIREARM AMMUNITION
	ON LEASED PREMISES. Unless possession of a firearm or firearm
	ammunition on a landlord's property is prohibited by state or
	federal law, a landlord may not prohibit a tenant or a tenant's
	guest from lawfully possessing, carrying, transporting, or storing
	a firearm, any part of a firearm, or firearm ammunition:
	(1)  in the tenant's rental unit;
	(2)  in a vehicle located in a parking area provided for
	tenants or guests by the landlord of the leased premises; or
	(3)  in other locations controlled by the landlord as
	necessary to:
	(A)  enter or exit the tenant's rental unit;
	(B)  enter or exit the leased premises; or
	(C)  enter or exit a vehicle on the leased
	premises or located in a parking area provided by the landlord for
	tenants or guests.
	SECTION 7.  Subchapter F, Chapter 94, Property Code, is
	amended by adding Section 94.257 to read as follows:
	Sec. 94.257.  POSSESSION OF FIREARM OR FIREARM AMMUNITION ON
	LEASED PREMISES. Unless possession of a firearm or firearm
	ammunition on a landlord's property is prohibited by state or
	federal law, a landlord may not prohibit a tenant or a tenant's
	guest from lawfully possessing, carrying, transporting, or storing
	a firearm, any part of a firearm, or firearm ammunition:
	(1)  in the tenant's manufactured home;
	(2)  in a vehicle located in a parking area provided for
	tenants or tenants' guests by the landlord of the leased premises;
	or
	(3)  in other locations controlled by the landlord as
	necessary to:
	(A)  enter or exit the tenant's manufactured home;
	(B)  enter or exit the leased premises; or
	(C)  enter or exit a vehicle on the leased
	premises or located in a parking area provided by the landlord for
	tenants or tenants' guests.
	SECTION 8.  Sections 30.05, 30.06, and 30.07, Penal Code, as
	amended by this Act, apply only to an offense committed on or after
	the effective date of this Act.  An offense committed before the
	effective date of this Act is governed by the law in effect on the
	date the offense was committed, and the former law is continued in
	effect for that purpose.  For purposes of this section, an offense
	was committed before the effective date of this Act if any element
	of the offense occurred before that date.
	SECTION 9.  Sections 92.026 and 94.257, Property Code, as
	added by this Act, do not affect the enforceability of a provision
	in a lease agreement entered into or renewed before the effective
	date of this Act.
	SECTION 10.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 302 was passed by the House on April
	11, 2019, by the following vote:  Yeas 101, Nays 44, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 302 was passed by the Senate on May 2,
	2019, by the following vote:  Yeas 25, Nays 6.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor