1. WAVES OF CHANGE JANUARY 11-12, 2017
TRWA/TWCA
WATER LAW SEMINAR
WAVES OF CHANGE JANUARY 11-12, 2017
DOUBLETREE BY HILTON
AUSTIN, TEXAS

2. Constitutional Law
Texas Constitution Article 1. Sec. 23: “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”
U.S. Constitution 2nd Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

3. Texas Gun Laws
TEXAS PENAL CODE CH. 42 Texas Penal Code Sec (a)(7), (8) and (9): Class B misdemeanor. Discharges a firearm in a public place. Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm. Discharge a firearm on or across a public road.

4. Texas Gun Laws
A “firearm” generally means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. TEX. PENAL CODE § 46.01(a)(3). A “handgun” is a subset of a firearm and means any firearm that is designed, made, or adapted to be fired with one hand. Id. § 46.01(a)(5).

5. Texas Gun Laws Firearm, Penal Code § 46.01(3)
Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition, i.e. uses black powder.

6. Texas Gun Laws vs. Handgun vs. Long gun
Handgun: any firearm that is designed, made, or adapted to be fired with one hand.
This definition applies to what everyone refers to as a pistol. A cut off rifle or shotgun is still a rifle or shotgun and is illegal if shorter than the statutory lengths (26 inches).
Long gun: a firearm such as a rifle or shotgun with an overall length longer than 26 inches.
vs.

7. Texas Gun Laws
Long Guns (e.g., Rifles and Shotguns) The state has no licensing scheme for long guns. Because state law governs firearms, and because it does not prohibit the carrying of a rifle or shotgun in a public place, a person is generally allowed to carry those weapons in public in Texas.

8. Texas Gun Laws TEXAS PENAL CODE CH. 46
46.02(a-1) it is still generally unlawful for one to carry handguns on or about their person, unless they are:
On their own property or property they control; or
In their own motor vehicle or watercraft, or one under their own control, or directly in route to their vehicle or watercraft
“Watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water
– Unlawful Carrying of Handgun by license holder. Amended by new laws.

9. Texas Gun Laws TEXAS PENAL CODE CH. 46
46.03 – Places where “weapons” are generally prohibited (Prohibits Firearms and other weapons). Predates concealed carry laws.
– Unlawful Carrying of Handgun by license holder. Amended by new laws.

10. Texas Gun Laws
Note that, unless prohibited by Penal Code § or § 46.04, a long gun can be possessed anywhere and by anyone.
§ makes it an offense to possess any firearm (weapon) on school premises, at a polling place, at a government court or court offices, at a racetrack, at an airport, and at or within a certain distance of a place of execution.
§ makes it unlawful to carry a handgun even when licensed in certain circumstances on school premises, business with an alcoholic beverage permit, high school, collegiate, or professional sporting events, licensed hospitals, correctional facilities, amusement park, places of worship, or while intoxicated.
§ makes it an offense for a convicted felon to possess any firearm (generally limited to 5 years after prison term or probation served).

11. Texas Gun Laws PC Section 46.03. Places Weapons Prohibited:
(1) on the physical premises of a school or educational institution, unless pursuant to written regulations or written authorization of the institution; licensees on the premises of public or private colleges or universities are authorized to carry in certain limited circumstances (beyond the scope of this presentation)
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution on a day that a sentence of death is set to be imposed on the designated premises.
Tex. Penal Code Ann. § 46.03

12. Legislative changes H.B. 910
Increases the rights of persons licensed to carry a handgun under Chapter 411, Subchapter H, of the Texas Local Gov’t Code.
Deletes the word “concealed” from various laws to allow persons licensed under Chapter 411 to carry “unconcealed” in a belt or shoulder holster. Changes CHL terminology to LTC.
Adds new section (Open carry signage)

13. In what places is a person prohibited by state law from carrying a Handgun?
Handgun license holders are subject to a number of further restrictions relating to the carrying of a handgun. For example, a license holder may not concealed or open carry a handgun: 1. if the license holder is given written notice, on the premises of a business that is licensed by the Texas Alcoholic Beverage Commission and that derives 51 percent or more of its business from the sale of alcohol; 2. if the license holder is given written notice pursuant to Penal Code Section that concealed carrying is prohibited, on the premises where a high school, collegiate, or professional sporting event is taking place, unless the handgun is used for the event (Note: Open carry is prohibited on collegiate premises, but S.B. 11 (2015)(Penal Code Section (l)) authorizes such carry beginning August 1, 2016 subject to rules of the institution.); 3. on the premises of a correctional facility; 4. if the license holder is given written notice pursuant to Penal Code Section and/or that carrying is prohibited, on the premises of a state-licensed hospital or nursing home, unless the administration has granted written permission to the license holder;

14. In what places is a person prohibited by state law from carrying a Handgun?
5. if the license holder is given written notice pursuant to Penal Code Section and/or
30.07 that carrying is prohibited, in an amusement park;
6. if the license holder is given written notice pursuant to Penal Code Section and/or
30.07 that carrying is prohibited, on the premises of a church, synagogue, or other established place of religious worship;
7. Anytime the handgun is not in a belt or shoulder holster, concealed, or if the license holder
is intoxicated;
8. On the premises of employment if prohibited by the license holder’s employer, but an employee may generally leave a handgun in a private, locked car in parking lot. Id. § (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6); (c); (d); TEX. GOV’T CODE § ; TEX. LABOR CODE§ et seq.

15. Employer
As an employer, you may restrict your employees from carrying any firearms onto any premises owned or leased by the employer, regardless of whether such person is licensed under Subchapter H, Chapter 411 of the Government Code to carry a concealed handgun. An employer’s work site includes the employer’s vehicles and equipment.
BUT…

16. Employer
Section of the Texas Labor Code allows an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to transport or store the authorized firearm or ammunition in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
You can prohibit an employee from possessing a firearm while on your property, but you must allow an authorized individual to transport or store that firearm in their locked car while in a parking lot on the premises.

17. In what places is a person prohibited by state law from carrying a Handgun?
9. Creates an offense if a person intentionally, knowingly, or recklessly possesses or goes with a firearm or other illegal weapon on the premises of any government court or offices utilized by the court. Tex. Penal Code 46.03(a)(3). (Example of language for a sign on this exception follows.)
10. If the license holder is given written notice pursuant to Penal Code Section and/or that carrying is prohibited, into any meeting of a governmental entity that is subject to the Open Meetings Act. Remember Section (c) does not apply unless effective notice was given under and 30.07;

18. House Bill 910 Effective: January 1, 2016 Signage:
Summary of new laws passed in the 84th Regular Legislative Session that impact Concealed Handgun Licensing.
House Bill 910 Effective: January 1, 2016
Signage:
Private businesses may post signs to indicate entry on the property with a handgun by a license holder is forbidden. Effectively making it a criminal trespass offence.
Penal Code Section provides the language to be included on signs to indicate license holders are forbidden to carry concealed.
Penal Code Section provides the language to be included on signs to indicate license holders are forbidden to open carry.
Posting of both signs is an indication by the business that license holders are forbidden to carry concealed or openly.

19. Texas Gun Laws TEXAS PENAL CODE CH. 30
Section – Criminal Trespass
Section – Trespass by License Holder with a Concealed Handgun.
Section – Trespass by License Holder with an Openly Carried Handgun. (Created by 2015 legislation.)
"Entry" means the intrusion of the entire body.

20. Texas Gun Laws-Signage
TEXAS PENAL CODE CH. 30 Sections 30.05, 30.06, and do not prevent a person from carrying a handgun on property owned or leased by a governmental entity. These provisions create a criminal trespass offense if the accused ignores the required notice.

21. Exact Language Required for sign to be effective
Note: The language required to provide notice that concealed carrying is not allowed has been changed, which means any old “30.06” signs must be replaced, and a new provision relating to open carry notice has been added: • Texas Penal Code § 30.06(c)(3)(A) requires that the sign prohibiting concealed carry contain language identical to the following: “Pursuant to Section 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”. • Texas Penal Code § 30.07(c)(3)(A) requires that the sign prohibiting open carry contain language identical to the following: “Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly”. The signs must include the (1) exact language above (2)in both English and Spanish, be printed (3)in contrasting colors with (4)block letters at least (5)one inch in height, and be displayed (6)in a conspicuous manner clearly visible to the public.
Can one have contrasting colors with clear glass? Signage on windows is probably not compliant.

22. Improper signage by a governmental entity is prohibited
Senate Bill 273 Effective September 1, 2015
Prohibits a state agency or political subdivision from posting signs stating where CHL holders are prohibited from carrying a concealed handgun on the premises, unless specifically prohibited by Texas Penal Code and
Limits the scope of the governmental meeting prohibition by restricting it to the specific room or rooms in which the meeting is being held, and to public meetings for which notice is required under the Open Meetings Act.

23. Improper Signage Carries a Penalty
S.B. 273 passed in 2015, effective September 1, 2015, added Section to the Texas Gov’t Code and amended Section (c) of the Texas Penal Code to provide that: (1) a state agency or a political subdivision of the state may not provide notice that a concealed handgun licensee is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are actually prohibited by state law from carrying a handgun on the premises; (2) a state agency or a political subdivision of the state that improperly posts notice is liable for a civil penalty of: (a) not less than $1,000 and not more than $1,500 for the first violation; and (b) not less than $10,000 and not more than $10,500 for the second or a subsequent violation; each day constitutes a separate violation. (3) a citizen of this state or a person licensed to carry a concealed handgun may file a complaint with the attorney general that a state agency or political subdivision has improperly posted notice;

24. 30.05 SIGNs
WARNING: pursuant TO SECTION 30.05, PENAL CODE, a person may not enter the premises with a firearm, illegal knife, club, or other prohibited weapon. this NOTICE DOES NOT PREVENT A PERSON licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, FROM CARRYING A HANDGUN ON THE PREMISES.

25. Chapter 42 SIGNs
WARNING: pursuant TO Ch. 42, PENAL CODE, a person may not discharge a firearm or display a firearm or other deadly weapon on this premises in a manner calculated to alarm, unless otherwise allowed by Texas Law.

26. 46.03(a)(3) SIGNs
wARNING: THIS BUILDING CONTAINS a court or court offices. pURSUANT TO SECTION 46.03, PENAL CODE, a person may not enter the premises with a firearm, illegal knife, club, or other prohibited weapon. It is not a defense to prosecution that a person possessing a handgun was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. an offense under this section is a third degree felony.

27. 46.035(c) SIGNs
warning: pursuant TO SECTION , PENAL CODE, A person licensed under Subchapter H, Chapter 411, Government Code, MAY NOT ENTER a room or rooms where an open meeting of a governmental entity is being held WITH A HANDGUN THAT IS concealed or openly carried in a shoulder or belt holster. The notice below is required by law; however, a violation of Sec is limited to the room or rooms described above.
Pursuant to Section 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.
[enter Spanish notice here]
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.

28. Unlawful SIGNS

29. Unlawful Signs

30. Unlawful Signs
Obviously overbroad and would not stand constitutional scrutiny, but curiously does not involve premises so it probably is not subject to the new signage penalties.

31. Unlawful SIGNS
If this sign is on a community center door it is improper, does not contain proper language and is likely subject to penalties.

32. Unlawful SIGNS

33. Unlawful Signs

34. TABC SIGNS

35. Other Signs

36. Other Signs

37. Other Signs

38. What about this sign?

39. TEXAS DEPARTMENT OF PUBLIC SAFETY CONVICTION RATES FOR CONCEALED HANDGUN LICENSE HOLDERS
Reporting Period
Active Licenses
CHL/LTC Convictions
Percentage of Convictions of CHL/LTC Holders
2010
461,724
121
0.026%
2011
518,625
120
0.023%
2012
584,850
0.021%
2013
2014
2015
708,048
825,957
937,419
158
111
108
0.022%
0.013%
0.012%

40. TEXAS DEPARTMENT OF PUBLIC SAFETY CONVICTION RATES FOR CONCEALED HANDGUN LICENSE HOLDERS
Reporting Period
Total Convictions
In Texas
Convictions of
CHL Holders
CHL Holder Percentage of Total Convictions
2000
40,104
109
0.2718%
2005
60,873
154
0.2530%
2010
73,914
121
0.1637%
2011
63,679
120
0.1884%
2012
63,272
0.1897%
2013
50,869
158
0.3106%
2014
47,413
111
0.2341%
2015
43,924
108
0.2459%

41. TEXAS DEPARTMENT OF PUBLIC SAFETY CONVICTION RATES FOR CONCEALED HANDGUN LICENSE HOLDERS
Definitions:
“Offense” means an offense prohibited under Chapter 411, Subchapter H, Texas Government Code or under Title 5, Chapter 29, Chapter 46, or Section 30.03, Texas Penal Code.
“Total Convictions in Texas” includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. CCH Conviction counts based on CDN codes 310, 311, 326, 331, 332, 334, 397, and 398.
“Convictions of CHL Holders” incudes any conviction reported to the Concealed Handgun Licensing Bureau for which the convicted individual held a license to carry a concealed handgun at the time the offense was committed.
“CHL Holder Percentage of Total Convictions” is a percentage derived from the ratio of CHL holder convictions to total convictions for the offense.

42. Prepared Presented by: Carvan Adkins, Legal Counsel
Taylor, Olson, Adkins, Sralla, &
Elam LLP
6000 Western Place, Suite 200
Fort Worth, Texas 76107