By:  Wilson                                             H.B. No. 46
       72S40305 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to issuance of a license to carry a handgun and to the
    1-3  criminal offense of unlawfully carrying or possessing a weapon;
    1-4  providing criminal penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 70, Revised Statutes, is amended by adding
    1-7  Article 4413(29ee) to read as follows:
    1-8        Art. 4413(29ee).  HANDGUN LICENSES
    1-9        Sec. 1.  Definitions.  In this article:
   1-10              (1)  "Department" means the Department of Public
   1-11  Safety.
   1-12              (2)  "Director" means the director of the Department of
   1-13  Public Safety or his designated agent.
   1-14              (3)  "Habitual drunkard" means one who frequently and
   1-15  repeatedly becomes intoxicated by excessive indulgence in
   1-16  intoxicating liquor so as to acquire a fixed habit and an
   1-17  involuntary tendency to become intoxicated as often as the
   1-18  opportunity is presented.
   1-19              (4)  "Handgun" means any firearm that is designed,
   1-20  made, or adapted to be fired with one hand.
   1-21              (5)  "Unsound mind" means the mental condition of a
   1-22  person who:
   1-23                    (A)  has been adjudicated mentally incompetent or
   1-24  not guilty of a criminal offense by reason of insanity;
    2-1                    (B)  is mentally retarded; or
    2-2                    (C)  has been diagnosed by a licensed physician
    2-3  as having a mental disorder or infirmity that renders the person
    2-4  incapable of managing himself or his affairs, unless the person
    2-5  furnishes a certificate from a licensed physician stating that the
    2-6  person is no longer disabled.
    2-7        Sec. 2.  Eligibility.  A person is eligible to be issued a
    2-8  license to carry a handgun under this article if the person:
    2-9              (1)  is a resident of the State of Texas;
   2-10              (2)  is at least 21 years of age;
   2-11              (3)  meets the handgun proficiency requirement
   2-12  established by the department;
   2-13              (4)  has not been convicted of a felony;
   2-14              (5)  is not charged with commission of a felony under
   2-15  an information or indictment;
   2-16              (6)  is not a fugitive from justice for a felony;
   2-17              (7)  has not been convicted of a misdemeanor offense
   2-18  defined by any of the following sections of the Penal Code:
   2-19                    (A)  Section 31.03 (Theft);
   2-20                    (B)  Section 43.02 (Prostitution); or
   2-21                    (C)  Section 43.03 (Promotion of prostitution);
   2-22              (8)  has not been convicted of a misdemeanor offense of
   2-23  unlawful delivery or unlawful possession of marihuana;
   2-24              (9)  has not been convicted of a misdemeanor offense of
   2-25  driving while intoxicated;
   2-26              (10)  is not an unlawful user of drugs or an addict;
   2-27              (11)  is not a habitual drunkard;
    3-1              (12)  is not an illegal alien;
    3-2              (13)  is not a person of unsound mind; and
    3-3              (14)  meets the moral character and fitness
    3-4  requirements set by the department.
    3-5        Sec. 3.  Access to Criminal History Records.  In
    3-6  investigating the eligibility of a handgun license applicant or
    3-7  licensee, the department shall obtain a criminal history of the
    3-8  applicant or licensee if the department determines that a record
    3-9  exists.  The department may obtain the criminal history from its
   3-10  own criminal history files, the Federal Bureau of Investigation
   3-11  Identification Division, or any law enforcement agency.
   3-12        Sec. 4.  MORAL CHARACTER AND FITNESS OF APPLICANT.  (a)  The
   3-13  department shall conduct an investigation of the moral character
   3-14  and fitness of each applicant for a license.
   3-15        (b)  The department may contract with public or private
   3-16  entities for investigative services relating to the moral character
   3-17  and fitness of applicants.
   3-18        (c)  The department may not recommend denial of a license
   3-19  because of a deficiency in the applicant's moral character or
   3-20  fitness unless:
   3-21              (1)  the department finds a clear and rational
   3-22  connection between a character trait of the applicant and the
   3-23  likelihood that the applicant, if licensed to carry a handgun,
   3-24  would cause injury to himself or to another; or
   3-25              (2)  the department finds a clear and rational
   3-26  connection between the applicant's present mental or emotional
   3-27  condition and the likelihood that the applicant will not discharge
    4-1  properly the applicant's responsibilities to himself or others if
    4-2  the applicant is licensed to carry a handgun.
    4-3        (d)  The department shall limit its investigation under this
    4-4  section to those areas clearly related to the applicant's moral
    4-5  character and present fitness to carry a handgun.
    4-6        Sec. 5.  DEPARTMENT ASSESSMENT OF MORAL CHARACTER AND
    4-7  FITNESS.  The department shall assess each applicant's moral
    4-8  character and fitness based on the investigation of character and
    4-9  fitness performed after the filing of the application.
   4-10        Sec. 6.  Application.  (a)  To apply for a handgun license, a
   4-11  person must submit to the department:
   4-12              (1)  an application on a form provided by the
   4-13  department;
   4-14              (2)  proof of completion of a firearm safety or
   4-15  training course in accordance with Section 7 of this article;
   4-16              (3)  a certified copy of the applicant's birth
   4-17  certificate;
   4-18              (4)  a $200 license fee payable to the department; and
   4-19              (5)  a recent color passport photograph.
   4-20        (b)  The application required by this section must:
   4-21              (1)  include a statement of the applicant's full name,
   4-22  place and date of birth, race, sex, residence and business
   4-23  addresses, hair and eye color, height, weight, number of motor
   4-24  vehicles owned by the applicant, and a full set of legible and
   4-25  classifiable fingerprints;
   4-26              (2)  include a statement of the name, address, and
   4-27  occupation of three character references, excluding any person
    5-1  related to the applicant within the third degree of consanguinity
    5-2  or affinity; and
    5-3              (3)  be verified by the applicant before a person
    5-4  authorized to administer oaths.
    5-5        Sec. 7.  Education Requirement.  (a)  Except as provided by
    5-6  Subsection (c) of this section, a person who wishes to obtain a
    5-7  license to carry a handgun must include with his application proof
    5-8  of satisfactory completion of one of the following firearm
    5-9  education courses that has been approved by the department or the
   5-10  Parks and Wildlife Commission:
   5-11              (1)  a hunter education or hunter safety course;
   5-12              (2)  a firearm safety or training course offered by the
   5-13  National Rifle Association;
   5-14              (3)  a firearm safety or training course offered by a
   5-15  law enforcement agency, a school, an educational institution, or a
   5-16  firearm training organization or school; or
   5-17              (4)  a firearm safety or training course conducted by a
   5-18  firearm instructor who has been certified to teach firearm safety
   5-19  or training by the state or the National Rifle Association.
   5-20        (b)  For purposes of Subsection (a) of this section, any of
   5-21  the following is adequate proof of completion of a firearm
   5-22  education course:
   5-23              (1)  a photocopy of a certificate of completion of the
   5-24  course issued by the person, agency, or organization that conducted
   5-25  the course;
   5-26              (2)  an affidavit of the instructor or of a person
   5-27  representing the agency or organization that conducted the course
    6-1  stating that the applicant satisfactorily completed the course; or
    6-2              (3)  any document that evidences completion of the
    6-3  course.
    6-4        (c)  Instead of proof of completion of a firearm education
    6-5  course, an applicant may submit documents evidencing the
    6-6  applicant's:
    6-7              (1)  participation in an organized shooting
    6-8  competition; or
    6-9              (2)  valid commission or license, other than one issued
   6-10  under this article, to carry a firearm in this state.
   6-11        (d)  The department and the Parks and Wildlife Commission
   6-12  shall, by rule, establish minimum standards for approval of a
   6-13  firearm education course that include the provision of relevant
   6-14  legal education concerning offenses involving firearms.
   6-15        (e)  The department may not issue a new license under this
   6-16  article unless the applicant has satisfied the firearm education or
   6-17  experience requirements of this section.
   6-18        (f)  The department may not renew a license under this
   6-19  article unless the licensee has completed a firearm education
   6-20  course under Subsection (a) of this section after the date the
   6-21  licensee was issued a license or his license was last renewed,
   6-22  whichever is later.
   6-23        Sec. 8.  DISTRIBUTION OF FUNDS.  The department shall send
   6-24  $50 of each fee collected under Section 6 of this article to the
   6-25  state treasurer for deposit to the credit of the district court
   6-26  support account created by Section 21.008, Government Code.
   6-27        Sec. 9.  License; Penalty.  (a)  The department shall, within
    7-1  180 days of the date of receipt of all items required by and in
    7-2  conformance with Section 6 of this article:
    7-3              (1)  issue the license;
    7-4              (2)  deny the application based solely on the grounds
    7-5  that the applicant fails to qualify under the criteria listed in
    7-6  Section 2 of this article; or
    7-7              (3)  send the application and all items required by and
    7-8  in conformance with Section 6 of this article to a district court
    7-9  judge in the county in which the applicant resides for review by
   7-10  the judge.
   7-11        (b)  If the department issues a license, the department shall
   7-12  send to the licensee, with the license, a motor vehicle window
   7-13  sticker for each motor vehicle owned by the licensee indicating
   7-14  that the licensee may carry a handgun in accordance with this
   7-15  article and other law.
   7-16        (c)  A licensee shall, on the date he receives his license,
   7-17  permanently affix a motor vehicle window sticker issued by the
   7-18  department on the lower left corner of the rear window of each
   7-19  motor vehicle owned by the licensee.  A licensee shall affix and
   7-20  maintain a sticker on each motor vehicle owned by the licensee.
   7-21        (d)  If the department denies the application, the department
   7-22  shall notify the applicant in writing stating the reasons for
   7-23  denial.
   7-24        (e)  If the department sends the application to the district
   7-25  judge for review, the district judge shall determine if the
   7-26  department is to issue the license or to deny the application.  Not
   7-27  later than the 30th day after the date on which the application is
    8-1  received by the district judge, the judge shall recommend to the
    8-2  department in writing that the license be issued or be denied,
    8-3  along with the judge's reasons for the recommendation.  The
    8-4  department shall issue the license or deny the application in
    8-5  conformance with the judge's recommendation.
    8-6        (f)  The license is effective from the date of issuance.
    8-7        (g)  The license must include:
    8-8              (1)  a number assigned to the licensee by the
    8-9  department;
   8-10              (2)  a statement of the period for which the license is
   8-11  effective;
   8-12              (3)  a color photograph of the licensee; and
   8-13              (4)  a statement of the licensee's full name, date of
   8-14  birth, residence address, hair and eye color, height, weight, and
   8-15  signature.
   8-16        (h)  A licensee shall present the license on demand of a
   8-17  magistrate, an officer of a court of competent jurisdiction, or a
   8-18  peace officer.
   8-19        (i)  A licensee commits an offense if the licensee does not
   8-20  comply with a demand under Subsection (h) of this section.  An
   8-21  offense under this subsection is a Class C misdemeanor.
   8-22        (j)  While transporting a weapon or carrying a weapon in a
   8-23  public place, a person holding a license under this article:
   8-24              (1)  shall keep the weapon concealed at all times when
   8-25  the weapon is not in use; and
   8-26              (2)  may not display, exhibit, or carry the weapon
   8-27  within plain view.
    9-1        Sec. 10.  Notice of Change of Address or Name; Motor Vehicle
    9-2  Stickers.  (a)  If a person, after applying for or receiving a
    9-3  license, moves from the address given in the application or in the
    9-4  license or certificate issued to him, or if the name of a licensee
    9-5  is changed by marriage or otherwise, the person shall not later
    9-6  than the 30th day after the date of the address or name change:
    9-7              (1)  notify the department of his old and new addresses
    9-8  or former and new names and of the number of his license; and
    9-9              (2)  apply for a duplicate license.
   9-10        (b)  If a person holding a license issued under this article
   9-11  moves from the address on the license, instead of applying for a
   9-12  duplicate license the person may:
   9-13              (1)  submit a written notice to the department
   9-14  containing the information required by Subsection (a) of this
   9-15  section; and
   9-16              (2)  request that the department furnish the person
   9-17  with a renewal sticker or certificate to apply to or carry with the
   9-18  person's license or certificate indicating that a change of address
   9-19  has been filed with the department.
   9-20        (c)  On receipt of a request for a renewal sticker or
   9-21  certificate under Subsection (b)(2) of this section on a form
   9-22  approved by the department and payment of a fee of $5, the
   9-23  department shall deliver a renewal sticker or certificate to the
   9-24  licensee.  The department shall make approved forms available in
   9-25  public places.
   9-26        (d)  If a person holding a license under this article
   9-27  requires an additional motor vehicle sticker in order to comply
   10-1  with Section 9(c) of this article, the person shall send a written
   10-2  request to the department for the additional sticker.  Not later
   10-3  than the 10th day after the date the department receives a request
   10-4  under this subsection, the department shall send to the person an
   10-5  additional motor vehicle sticker.
   10-6        Sec. 11.  Renewal.  To renew a license, a licensee must
   10-7  submit to the department an application for renewal on a form
   10-8  provided by the department, proof of satisfactory completion of a
   10-9  firearm education course under Section 7(a) of this article, a $35
  10-10  renewal fee, and a recent color passport photograph of the
  10-11  applicant.
  10-12        Sec. 12.  Expiration.  (a)  A license issued under this
  10-13  article, other than a renewed license, expires on the first birth
  10-14  date of the licensee occurring after the second anniversary of the
  10-15  date of issuance.
  10-16        (b)  A renewed license expires two years after the expiration
  10-17  date of the license being renewed.
  10-18        Sec. 13.  Revocation by Justice Court.  (a)  A license shall
  10-19  be revoked under this section if the licensee:
  10-20              (1)  was not entitled to the license at the time it was
  10-21  issued;
  10-22              (2)  gave false information on the application;
  10-23              (3)  owns a motor vehicle that does not display a
  10-24  window sticker issued by the department under this article;
  10-25              (4)  displays a handgun when not in use in violation of
  10-26  Section 9(j) of this article; or
  10-27              (5)  subsequently becomes ineligible for a license
   11-1  under Section 2 of this article.
   11-2        (b)  If the director believes a reason listed in Subsection
   11-3  (a) of this section to revoke a license exists, the director may
   11-4  file a complaint that specifies the reason with the justice of the
   11-5  peace in the county in which the licensee resides.
   11-6        (c)  The justice of the peace shall send a copy of the
   11-7  complaint to the licensee by certified mail with notice of a
   11-8  hearing date.  The hearing must be held not later than the 30th day
   11-9  after the date the complaint was filed.
  11-10        (d)  If the court finds that a reason listed in Subsection
  11-11  (a) of this section to revoke a license exists, the court shall
  11-12  revoke the license and shall assess court costs against the
  11-13  licensee.
  11-14        (e)  Not later than the 10th day after the date of the
  11-15  court's decision, either party aggrieved by the decision may appeal
  11-16  the decision to the county court.
  11-17        (f)  A licensee whose license is revoked for any reason
  11-18  listed in Subsection (a) of this section may reapply under Section
  11-19  6 of this article not earlier than one year after the date of
  11-20  revocation.
  11-21        Sec. 14.  Revocation for Criminal Conviction.  (a)  If a
  11-22  person licensed under this article is convicted of a criminal
  11-23  offense that is a felony or a misdemeanor listed in Section 2(7) of
  11-24  this article, the person's license is automatically revoked.
  11-25        (b)  For the purposes of this section, a person is convicted
  11-26  of a criminal offense if an adjudication of guilt on the offense is
  11-27  entered against the person by a court of competent jurisdiction,
   12-1  whether or not:
   12-2              (1)  the sentence is subsequently probated and the
   12-3  person is discharged from probation;
   12-4              (2)  the accusation, complaint, information, or
   12-5  indictment against the person is dismissed and the person is
   12-6  released from all penalties and disabilities resulting from the
   12-7  offense; or
   12-8              (3)  the person is pardoned for the offense, unless the
   12-9  pardon is expressly granted for subsequent proof of innocence.
  12-10        (c)  A person whose license is revoked under Subsection (a)
  12-11  of this section shall surrender the license to the department.
  12-12        (d)  Unless the licensee's conviction is reversed on appeal,
  12-13  a licensee whose license is revoked under Subsection (a) of this
  12-14  section is ineligible for a subsequent license.
  12-15        Sec. 15.  Limitations.  (a)  A licensee under this article
  12-16  commits an offense if the licensee carries a handgun intentionally,
  12-17  knowingly, or recklessly:
  12-18              (1)  on the premises of a school or an educational
  12-19  institution, whether public or private, unless pursuant to written
  12-20  authorization of the institution;
  12-21              (2)  on the premises of a polling place on the day of
  12-22  an election or while absentee balloting is in progress;
  12-23              (3)  in any government court or offices utilized by the
  12-24  court, unless pursuant to written regulations or written
  12-25  authorization of the court;
  12-26              (4)  on any premises licensed or issued a permit by
  12-27  this state for the sale or service of alcoholic beverages;
   13-1              (5)  in a motor vehicle while the person is in
   13-2  possession of or consuming an alcoholic beverage;
   13-3              (6)  at any meeting of the governing body of a county,
   13-4  municipality, or special district or any meeting of the state
   13-5  legislature;
   13-6              (7)  in a secured area of a public or private airport;
   13-7              (8)  at any sporting event; or
   13-8              (9)  in any church, synagogue, mosque, or other place
   13-9  of worship.
  13-10        (b)  It is a defense to prosecution under this section that
  13-11  at the time of the offense the actor was discharging his official
  13-12  duties as a peace officer, a member of the armed forces or national
  13-13  guard, a guard employed by a penal institution, or an officer of
  13-14  the court.
  13-15        (c)  An offense under this section is a felony of the third
  13-16  degree.
  13-17        Sec. 16.  Firing at Peace Officer.  (a)  A licensee under
  13-18  this article commits an offense if the licensee intentionally or
  13-19  knowingly fires a firearm at a peace officer with the knowledge
  13-20  that the person fired at is a peace officer.
  13-21        (b)  An offense under this section is a felony of the first
  13-22  degree.
  13-23        SECTION 2.  Section 46.03, Penal Code, is amended by amending
  13-24  Subsection (a) and by adding Subsection (d) to read as follows:
  13-25        (a)  The provisions of Section 46.02 of this code do not
  13-26  apply to a person:
  13-27              (1)  in the actual discharge of his official duties as
   14-1  a member of the armed forces or state military forces as defined by
   14-2  Section 431.001, Government Code,  or as a guard employed by a
   14-3  penal institution;
   14-4              (2)  on his own premises or premises under his control
   14-5  unless he is an employee or agent of the owner of the premises and
   14-6  his primary responsibility is to act in the capacity of a security
   14-7  guard to protect persons or property, in which event he must comply
   14-8  with Subdivision (5) of this subsection;
   14-9              (3)  traveling;
  14-10              (4)  engaging in lawful hunting, fishing, or other
  14-11  sporting activity if the weapon is a type commonly used in the
  14-12  activity;
  14-13              (5)  who holds a security officer commission issued by
  14-14  the Texas Board of Private Investigators and Private Security
  14-15  Agencies, if:
  14-16                    (A)  he is engaged in the performance of his
  14-17  duties as a security officer or traveling to and from his place of
  14-18  assignment;
  14-19                    (B)  he is wearing a distinctive uniform; and
  14-20                    (C)  the weapon is in plain view; <or>
  14-21              (6)  who is a peace officer, other than a person
  14-22  commissioned by the Texas State Board of Pharmacy; or
  14-23              (7)  who is a retired or former military or law
  14-24  enforcement employee who was permitted to carry and use a weapon in
  14-25  the performance of his former military or law enforcement duties.
  14-26        (d)  The provision of Section 46.02 of this code prohibiting
  14-27  the carrying of a handgun does not apply to a person carrying a
   15-1  single handgun and carrying a valid license issued to that person
   15-2  under Article 4413(29ee), Revised Statutes.
   15-3        SECTION 3.  Section 1 of this Act takes effect September 1,
   15-4  1993, except that a license issued under Article 4413(29ee),
   15-5  Revised Statutes, as added by this Act, before January 1, 1994, is
   15-6  not effective until January 1, 1994.  A license issued before
   15-7  January 1, 1994, shall be clearly marked to reflect the date on
   15-8  which it becomes effective, and the department shall inform each
   15-9  recipient of a license before that date that the license is not
  15-10  effective until that date.
  15-11        SECTION 4.  (a)  Section 2 of this Act takes effect January
  15-12  1, 1994.
  15-13        (b)  The change in law made by Section 2 of this Act applies
  15-14  only to an offense committed on or after January 1, 1994.  For
  15-15  purposes of this section, an offense is committed before January 1,
  15-16  1994, if any element of the offense occurs before January 1, 1994.
  15-17        (c)  An offense committed before January 1, 1994, is covered
  15-18  by the law in effect when the offense was committed, and the former
  15-19  law is continued in effect for this purpose.
  15-20        SECTION 5.  The importance of this legislation and the
  15-21  crowded condition of the calendars in both houses create an
  15-22  emergency and an imperative public necessity that the
  15-23  constitutional rule requiring bills to be read on three several
  15-24  days in each house be suspended, and this rule is hereby suspended.