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.