Citation(s) from the GunPolicy.org literature library
State of Texas. 2012 ‘Tex. Penal Code § 46.03(a), (f) and (g), etc..’ Guns in Public. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 1 January
Other Location Restrictions in Texas
Texas law prohibits any person, including a concealed handgun licensee, from intentionally, knowingly, or recklessly possessing a firearm of any sort:
- On the premises of a polling place on the day of an election or while early voting is in progress;
- On the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
- On the premises of a racetrack;
- In or into the area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law unless all firearms were checked as baggage in accordance with federal or state law or regulations before entering; or
- 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, if the person received proper notice that going within 1,000 feet of the premises with a weapon was prohibited or that possessing a weapon within 1,000 feet of the premises was prohibited, unless the actor possesses the firearm while in a vehicle being driven on a public road or while at the actor's residence or place of employment.
Any assisted living facility is required to post a "provider's bill of rights" in a prominent place in the facility, stating that a provider of personal care services has the right to "maintain an environment free of weapons."
Texas prohibits the possession of a deadly weapon while in a correctional facility.
Texas law prohibits the possession of firearms on certain state-owned lands.
Texas law considers a person to be guilty of trespassing if the person enters or remains on another person's property with a firearm after receiving notice that firearms are forbidden. Special rules apply to CCW holders, as noted below.
Prohibitions Specific to CCW Holders
Texas law specifically provides that a concealed handgun license holder is prohibited from intentionally, knowingly, or recklessly carrying a handgun on or about his or her person, regardless of whether the handgun is concealed:
- On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
- On the premises of a correctional facility;
- On the premises of a hospital or a nursing home, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate, provided effective notice was given;
- In an amusement park, provided effective notice was given;
- On the premises of a church, synagogue, or other established place of religious worship, provided effective notice was given; or
- At any meeting of a governmental entity, provided effective notice was given.
Effective "notice" is given if the owner of the property or someone with apparent authority to act for the owner provides notice by:
- Oral communication;
- A card or other document on which is written the following language: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
- A sign posted on the property that includes the above language in both English and Spanish, appearing in contrasting colors with block letters at least one inch in height; and displayed in a conspicuous manner clearly visible to the public.
If a license holder carries a handgun on the property of another without effective consent and received "notice" (as defined above) that entry by a license holder on the property with a concealed handgun was forbidden or that remaining on the property with a concealed handgun was prohibited and the license holder failed to depart, the license holder is criminally liable.
Texas law allows public or private employers to prohibit persons who are licensed to carry concealed handguns from doing so on the premises of the business. However, in 2011, Texas enacted a law that prevents employers from prohibiting employees who are concealed handgun license holders from transporting or storing firearms or ammunition in a locked, privately owned motor vehicle in a parking area the employer provides for employees.
Liquor Licensees, Hospitals, and Nursing Homes
Concealed handgun license holders are also specifically prohibited from intentionally, knowingly, or recklessly carrying a handgun on or about his or her person, regardless of whether the handgun is concealed, on the premises of a business that has a permit or license issued under certain chapters of the Texas Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption. A person is subject to prosecution under this prohibition only if he or she received notice that entry on the property by a license holder with a concealed handgun was forbidden, or that remaining on the property with a concealed handgun was forbidden and failed to depart. For purposes of this prohibition, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides "notice" as described above.
In addition, Texas law requires these businesses, as well as licensed hospitals and nursing homes, to prominently display, in both English and Spanish, a sign stating that it is unlawful for a person licensed to carry a concealed handgun to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and, for the establishments serving alcohol, must include on its face the number "51″ printed in solid red at least five inches in height. The sign must also be displayed in a conspicuous manner clearly visible to the public.
Businesses holding these liquor permits or licenses who do not derive 51% or more of their income from the sale of alcoholic beverages for on-premises consumption, or who hold other liquor permits or licenses, are also prohibited from knowingly allowing a person to possess a firearm in a building on the licensed premises, but concealed weapons permit holders are exempt. Texas law requires a sign to be displayed in a prominent place on the premises giving notice that it is unlawful to carry a weapon on the premises unless the person is licensed to carry the weapon and it is a properly concealed firearm. The sign must be at least 6 inches high and 14 inches wide, must appear in contrasting colors, and shall be displayed in a conspicuous manner clearly visible to the public…