Texas Codes

Tex. Penal Code § 30.06 (2026)

Trespass By License Holder With A Concealed Handgun

✓ current as of May 2026

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Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (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.

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.03.

(3) "Written communication" means:

(A) a card or other document on which is written 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"; 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.

(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;

(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 Section 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 Section 46.01.

(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, who:

(1) holds an unexpired certificate of completion under Section 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.

(f-2) It is a defense to prosecution under this section that the license holder is a tactical medical professional, as defined by Section 411.1884, Government Code, who:

(1) holds an unexpired certificate of completion under Section 411.1884, Government Code, at the time of engaging in the applicable conduct; and

(2) was engaged in the actual discharge of the tactical medical professional's duties while carrying the handgun.

(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.

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 41, eff. January 1, 2016.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 42, eff. January 1, 2016.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 43, eff. January 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 8, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 2, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 250 (H.B. 121), Sec. 1, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 18, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 19, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 1008 (S.B. 20), Sec. 5, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. 1069), Sec. 5, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(18), eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 1116 (H.B. 4995), Sec. 5, eff. September 1, 2025.

Notes of Decisions

Cited in 17 cases (6 in the last 5 years), 2012–2026 · leading case: Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016).

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Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016). · cites it 8× “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

Terry Holcomb, Sr. v. Waller Cnty., Texas, 546 S.W.3d 833 (Tex. App. 2018). “TEX. PENAL CODE § 30.06(a)–(d). Unlike private property owners, however, the government may not prohibit these armed license holders from entering onto property it owns or leases, unless Sections 46.”

Mark Ken Tafel v. State, 524 S.W.3d 642 (Tex. App. 2016). · cites it 7× “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

Bay Area Unitarian Universalist Church v. Paxton (S.D. Tex. 2021). · cites it 4× “Plaintiffs seek a declaratory judgment that Texas Penal Code § 30.06 and § 30.07 are unconstitutional and that the affirmative defenses within the Acts are unconstitutionally vague.”

Bay Area Unitarian v. Ogg (5th Cir. 2025). · cites it 4× “Dennis, Circuit Judge: * This lawsuit arises from a First Amendment challenge to Texas Penal Code §§ 30.06 and 30.07, but this appeal only addresses whether a church _____________________ * This opinion is not designated for publication.”

State of Texas, Maxx Juusola, Tracy Martin, & Alan Crider v. City of Dallas, Kimberly Bizor Tolbert, in Her Off. Capacity as the Interim City Manager for the City of Dallas & the State Fair of Texas (2026). · cites it 4× “Posting Signs under TEX. PENAL CODE §§ 30.06 & 30.07 (1CR280-82) Appellants’ Third Appellants do not challenge the dismissal of this claim on Cause of Action – appeal, including because the facts here do not establish Constitutional Right to any state action necessary to support…”

Ken Paxton, Texas Attorney Gen. v. City of Austin, Mayor Steve Adler, Ora Houston, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Don Zimmerman, Leslie Pool, Ellen Troxclair, Kathie Tovo, & Sheri Gallo, Each in Their Off. Capacity (Tex. App. 2021). · cites it 3× “See Tex. Penal Code §§ 30.06 (“Trespass by License Holder with a Concealed Handgun”), 46.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). · cites it 2× “" TEX. PENAL CODE §§ 30.06(a), .07(a). Subsections 30.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). · cites it 2× “TEX. PENAL CODE §§ 30.06(c)(3), .07(c)(3).”

Waller Cnty., Texas v. Ken Paxton, Texas Attorney Gen. (Tex. App. 2022). · cites it 2× “See TEX. PENAL CODE ANN. § 30.06(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.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2015). · cites it 3× “See TEX. PENAL CODE § 30.06(a). By the terms of the statute, a license holder carrying a concealed handgun who fails, after notice, to exit premises from which sections 46.”

Show all 17 citing cases →

— Tex. Penal Code § 30.06(a) — 7 cases

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “" TEX. PENAL CODE §§ 30.06(a), .07(a). Subsections 30.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018).

State of Texas, Maxx Juusola, Tracy Martin, & Alan Crider v. City of Dallas, Kimberly Bizor Tolbert, in Her Off. Capacity as the Interim City Manager for the City of Dallas & the State Fair of Texas (2026). “Posting Signs under TEX. PENAL CODE §§ 30.06 & 30.07 (1CR280-82) Appellants’ Third Appellants do not challenge the dismissal of this claim on Cause of Action – appeal, including because the facts here do not establish Constitutional Right to any state action necessary to support…”

— Tex. Penal Code § 30.06(a)(2)(A) — 2 cases

Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

Mark Ken Tafel v. State, 524 S.W.3d 642 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

— Tex. Penal Code § 30.06(b) — 5 cases

Ken Paxton, Texas Attorney Gen. v. City of Austin, Mayor Steve Adler, Ora Houston, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Don Zimmerman, Leslie Pool, Ellen Troxclair, Kathie Tovo, & Sheri Gallo, Each in Their Off. Capacity (Tex. App. 2021). “See Tex. Penal Code §§ 30.06 (“Trespass by License Holder with a Concealed Handgun”), 46.”

Waller Cnty., Texas v. Ken Paxton, Texas Attorney Gen. (Tex. App. 2022). “See TEX. PENAL CODE ANN. § 30.06(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.”

Bay Area Unitarian v. Ogg (5th Cir. 2025). “Dennis, Circuit Judge: * This lawsuit arises from a First Amendment challenge to Texas Penal Code §§ 30.06 and 30.07, but this appeal only addresses whether a church _____________________ * This opinion is not designated for publication.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2015).

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2015). “See TEX. PENAL CODE § 30.06(a). By the terms of the statute, a license holder carrying a concealed handgun who fails, after notice, to exit premises from which sections 46.”

— Tex. Penal Code § 30.06(c) — 1 case

Ken Paxton, Texas Attorney Gen. v. City of Austin, Mayor Steve Adler, Ora Houston, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Don Zimmerman, Leslie Pool, Ellen Troxclair, Kathie Tovo, & Sheri Gallo, Each in Their Off. Capacity (Tex. App. 2021). “See Tex. Penal Code §§ 30.06 (“Trespass by License Holder with a Concealed Handgun”), 46.”

— Tex. Penal Code § 30.06(c)(3) — 5 cases

Mark Ken Tafel v. State, 524 S.W.3d 687 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

Mark Ken Tafel v. State, 524 S.W.3d 642 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “TEX. PENAL CODE §§ 30.06(c)(3), .07(c)(3).”

Bay Area Unitarian Universalist Church v. Paxton (S.D. Tex. 2021). “Plaintiffs seek a declaratory judgment that Texas Penal Code § 30.06 and § 30.07 are unconstitutional and that the affirmative defenses within the Acts are unconstitutionally vague.”

— Tex. Penal Code § 30.06(c)(3)(B) — 1 case

Mark Ken Tafel v. State, 524 S.W.3d 642 (Tex. App. 2016). “TEX. PENAL CODE ANN. § 30.06 (West 2011).”

— Tex. Penal Code § 30.06(d) — 1 case

State v. Trenton Kyle Green (Tex. App. 2020).

— Tex. Penal Code § 30.06(e) — 5 cases

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “" TEX. PENAL CODE §§ 30.06(a), .07(a). Subsections 30.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “TEX. PENAL CODE §§ 30.06(c)(3), .07(c)(3).”

State of Texas, Maxx Juusola, Tracy Martin, & Alan Crider v. City of Dallas, Kimberly Bizor Tolbert, in Her Off. Capacity as the Interim City Manager for the City of Dallas & the State Fair of Texas (2026). “Posting Signs under TEX. PENAL CODE §§ 30.06 & 30.07 (1CR280-82) Appellants’ Third Appellants do not challenge the dismissal of this claim on Cause of Action – appeal, including because the facts here do not establish Constitutional Right to any state action necessary to support…”

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