Legislative Update: Impact of New “Constitutional Carry” Law on Commercial Landlords

June 29, 2021 | Insights

By Robert Harlow

Among the seven bills signed into law by Governor Abbott on June 17, 2021, is House Bill 1927, named the Firearm Carry Act of 2021. Effective September 1, the law will authorize Texans ages 21 and up, who are not otherwise prohibited by state or federal law from possessing a firearm, to legally carry a handgun without a license to carry.

Under the law, property owners and business operators may prohibit the carrying of firearms on their premises, but must provide notice by posting a sign at each entrance to the property that

  • states “Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm” or language that is substantially similar;
  • includes the above language in both English and Spanish;
  • appears in contrasting colors with block letters at least one inch in height; and
  • is clearly visible to the public.

If an individual intentionally, knowingly, or recklessly enters that premises with a firearm or other prohibited weapon, the offense is classified as a Class C misdemeanor punishable by a fine not to exceed $200. The violation is upgraded to a Class A misdemeanor if it is shown on the trial of the offense that, after entering the premises with the firearm or other weapon, the individual personally received notice that entry with the prohibited weapon was forbidden and subsequently failed to depart.

The law does make other changes concerning the ability to carry a firearm including making it an offense for an individual to possess a firearm or other prohibited weapon on the premises of

  • a business with an alcohol beverage permit or license that derives at least 51% of its income from the sale of alcoholic beverages;
  • an amateur or professional sporting event, except under certain circumstances where the prohibited weapon is used as part of the event;
  • a correctional facility;
  • a civil commitment facility;
  • a state hospital or nursing home or on the premises of a mental hospital, unless authorized; or
  • an amusement park.

For questions on how the new “Constitutional Carry” law affects you and your business, please contact Rob Harlow at 713.752.4237 or rharlow@jw.com, or any member of the Jackson Walker Real Estate team.

Texas Legislative Updates:

These materials are made available by Jackson Walker for informational purposes only, do not constitute legal advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.