Texas Penal Code 30.06 – Trespass by License Holder With a Concealed Handgun
Current as of: 2023 | Check for updates
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(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 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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Penal Code 30.06
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In this section:
(1) “Entry” has the meaning assigned by § 30.05(b).
(2) “License holder” has the meaning assigned by § 46.03.
(3) “Written communication” means:
(A) a card or other document on which is written language identical to the following: “Pursuant to § 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, 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 § 46.03.
(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.
(e-4) It is a defense to prosecution under this section that the license holder is a guest of a hotel, as defined by § 2155.101, 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 § 46.01.
(f-1) It is a defense to prosecution under this section that the license holder is a first responder, as defined by § 46.01, who:
(1) holds an unexpired certificate of completion under § 411.1883, 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, 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.