Tex.
Penal Code Section 30.06
Trespass by License Holder with a Concealed Handgun
Mentioned in
Texas Concealed Carry Gun Laws: CCW & Reciprocity Map
USCCA, September 1, 2021
“As of Sept. 1, 2021, permitless concealed carry and open carry is legal for anyone at least 21 years old who may lawfully possess a handgun.”
Bibliographic info
(a)
A license holder commits an offense if the license holder:(1)
carries a concealed handgun under the authority of Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, on property of another without effective consent; and(2)
received notice that entry on the property by a license holder with a concealed handgun was forbidden.(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 (Criminal Trespass)(b).(2)
“License holder” has the meaning assigned by Section 46.03 (Places Weapons Prohibited).(3)
“Written communication” means:(A)
a card or other document on which is written language identical to the following: "Pursuant to Section 30.06 (Trespass by License Holder with a Concealed Handgun), Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code (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.(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 (Places Weapons Prohibited).(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 (Condominiums Created Before Adoption of Uniform Condominium Act), Property Code;(B)
an owner of a condominium unit governed by Chapter 82 (Uniform Condominium Act), 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 (Residential Tenancies), 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 (Manufactured Home Tenancies), 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.(e-4)
It is a defense to prosecution under this section that the license holder is a guest of a hotel, as defined by Section 2155.101 (Definition), Occupations Code, and the license holder:(1)
carries or stores a handgun in the license holder’s hotel room;(2)
carries a handgun directly en route to or from the hotel or the license holder’s hotel room;(3)
carries a handgun directly en route to or from the license holder’s vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests; or(4)
carries or stores a handgun in the license holder’s vehicle located on the hotel property, including a vehicle in a parking area provided for hotel guests.(f)
It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01 (Definitions).(f-1)
It is a defense to prosecution under this section that the license holder is a first responder, as defined by Section 46.01 (Definitions), who:(1)
holds an unexpired certificate of completion under Section 411.1883 (Training Course for Certain First Responders), Government Code, at the time of engaging in the applicable conduct;(2)
was engaged in the actual discharge of the first responder’s duties while carrying the handgun; and(3)
was employed or supervised by a municipality or county to which Chapter 179 (Authority of Certain First Responders to Carry Handgun), Local Government Code, applies.(g)
It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.
Source:
Section 30.06 — Trespass by License Holder with a Concealed Handgun, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm#30.06 (accessed Apr. 20, 2024).
