The Texas House and Texas Senate, by an overwhelming margin, recently passed House Bill 910 during the 84th Texas Legislative Session, allowing concealed-handgun-licensed owners to openly carry a handgun in public. HB 910, also known as the “Open Carry” bill, was signed in to law by Governor Greg Abbott on June 13, 2015, and becomes effective (with a few minor exceptions) on January 1, 2016.

The passage of this bill makes Texas the 45th state to allow some form of “open carry” of handguns.

While the advocates of HB 910 tout the bill’s passage as a monumental win for the Second Amendment, the law creates new and interesting challenges for business and property owners who will be required to comply with its provisions. Note, this brief is not intended to cover all aspects of the new Open Carry law but is instead designed to provide an overview of the pertinent provisions of HB 910 that are applicable to business owners, specifically with respect to notice and signage requirements. But first, let’s take a look at the provisions of the law:

• The rules and restrictions already in place with the Concealed Handgun laws are still applicable and apply to Open Carry as well.
• HB 910 authorizes individuals to obtain a license to openly carry a handgun in the same places that allow the licensed carrying of a concealed handgun, with the following two exceptions:

Exception 1: On the premises and any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area of an institution of higher education or private or independent institution of higher education. Note: This brief is not intended to cover the complexities of Senate Bill 11, the new “Campus Carry” law that was also passed and signed into law by Governor Abbott. For more information on “Campus Carry,” please contact the author of this brief.

Exception 2: By an individual who is acting as a personal protection officer under Chapter 1702, Texas Occupations Code, and is not wearing a uniform.