By: Carter H.B. No. 100
73R342 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a license to carry a concealed handgun;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-6 Article 4413(29ee) to read as follows:
1-7 Art. 4413(29ee). LICENSE TO CARRY A CONCEALED HANDGUN
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Chemically dependent person" means a person who
1-10 frequently or repeatedly becomes intoxicated by excessive
1-11 indulgence in alcohol or uses controlled substances or dangerous
1-12 drugs so as to acquire a fixed habit and an involuntary tendency to
1-13 become intoxicated or use those substances as often as the
1-14 opportunity is presented.
1-15 (2) "Concealed" means not openly discernible to the
1-16 ordinary observation of a disinterested passerby.
1-17 (3) "Convicted" means an adjudication of guilt or an
1-18 order of deferred adjudication entered against a person by a court
1-19 of competent jurisdiction whether or not:
1-20 (A) the sentence is subsequently probated and
1-21 the person is discharged from probation; or
1-22 (B) the person is pardoned for the offense,
1-23 unless the pardon is expressly granted for subsequent proof of
1-24 innocence.
2-1 (4) "Department" means the Department of Public
2-2 Safety.
2-3 (5) "Director" means the director of the Department of
2-4 Public Safety or the director's designated agent.
2-5 (6) "Handgun" has the meaning assigned by Section
2-6 46.01, Penal Code.
2-7 (7) "Intoxicated" has the meaning assigned by Section
2-8 (a)(2), Article 6701l-1, Revised Statutes.
2-9 (8) "Officer" means a peace officer employed by the
2-10 department.
2-11 (9) "Qualified handgun instructor" means a person who
2-12 is certified to instruct in the use of handguns by the department.
2-13 (10) "Unsound mind" means the mental condition of a
2-14 person who:
2-15 (A) has been adjudicated mentally incompetent,
2-16 mentally ill, or not guilty of criminal offense by reason of
2-17 insanity; or
2-18 (B) has been diagnosed by a licensed physician
2-19 as being characterized by a mental disorder or infirmity that
2-20 renders the person incapable of managing the person's self or the
2-21 person's affairs, unless the person furnishes a certificate from a
2-22 licensed physician stating that the person is no longer disabled.
2-23 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
2-24 license to carry a concealed handgun if the person:
2-25 (1) is a resident of this state for the six-month
2-26 period preceding the date of application under this article;
2-27 (2) is at least 21 years of age;
3-1 (3) has not been convicted of a felony;
3-2 (4) is not charged with the commission of a Class A or
3-3 Class B misdemeanor or of a felony under an information or
3-4 indictment;
3-5 (5) is not a fugitive from justice for a felony;
3-6 (6) is not a chemically dependent person;
3-7 (7) is not a person of unsound mind; and
3-8 (8) has not, in the five years preceding the date of
3-9 application, been convicted of a Class A or Class B misdemeanor.
3-10 (b) For the purposes of this section, an offense under the
3-11 laws of this state, another state, or the United States is:
3-12 (1) a felony if confinement for one year or more in a
3-13 penitentiary is affixed to the offense as a possible punishment;
3-14 and
3-15 (2) a Class A misdemeanor if the offense is not a
3-16 felony and confinement in a jail is affixed as a possible
3-17 punishment.
3-18 Sec. 3. APPLICATION. (a) An applicant for a license to
3-19 carry a concealed handgun must submit to an officer described in
3-20 Section 4 of this article:
3-21 (1) a completed application on a form provided by the
3-22 director that requires only the information listed in Subsection
3-23 (b) of this section;
3-24 (2) two recent color passport photographs of the
3-25 applicant;
3-26 (3) a certified copy of the applicant's birth
3-27 certificate or certified proof of age;
4-1 (4) proof of residency in this state;
4-2 (5) a complete set of legible and classifiable
4-3 fingerprints of the applicant taken by a law enforcement agency on
4-4 a form approved by the department;
4-5 (6) a nonrefundable application and license fee of
4-6 $150 paid to the department;
4-7 (7) a handgun proficiency certificate as described in
4-8 Section 16 of this article;
4-9 (8) an affidavit signed by the applicant stating that
4-10 the applicant:
4-11 (A) has read and understands each provision of
4-12 this article that creates an offense under the law of this state
4-13 and each provision of the law of this state related to use of
4-14 deadly force; and
4-15 (B) fulfills all the eligibility requirements
4-16 listed under Section 2 of this article; and
4-17 (9) a form executed by the applicant that waives
4-18 confidentiality and authorizes any law enforcement agency or the
4-19 director to make an inquiry into any records, including medical
4-20 records, kept by anyone on the applicant that are considered
4-21 necessary to determine the applicant's eligibility for a license as
4-22 provided by the Freedom of Information Act (5 U.S.C. Section 552),
4-23 the Right of Privacy Act (5 U.S.C. Section 552a), or other law.
4-24 (b) An applicant must provide on the application a statement
4-25 of the applicant's:
4-26 (1) full name and place and date of birth;
4-27 (2) race and sex;
5-1 (3) residence and business addresses;
5-2 (4) hair and eye color;
5-3 (5) height and weight;
5-4 (6) driver's license number or identification
5-5 certificate number issued by the department; and
5-6 (7) criminal history, including a list of offenses for
5-7 which the applicant was arrested, charged, or under an information
5-8 or indictment and the disposition of the offenses.
5-9 (c) The director shall distribute on request a copy of this
5-10 article and application materials.
5-11 Sec. 4. RECEIPT OF APPLICATION MATERIALS. (a) A person
5-12 applying for a license to carry a concealed handgun must apply in
5-13 person and display a driver's license or identification certificate
5-14 issued by the department to the highest-ranking officer of the
5-15 department stationed in the county in which the applicant resides
5-16 or that officer's designee.
5-17 (b) An application may not be accepted unless all items
5-18 listed in Section 3(a) of this article are submitted. A completed
5-19 application shall be accepted. If all required items are
5-20 submitted, the applicant shall be given a receipt for the completed
5-21 application materials endorsed with the date of submission.
5-22 (c) Not later than the 30th day after the date an officer
5-23 receives the completed application materials, the officer shall
5-24 forward the materials to the director.
5-25 (d) An officer shall conduct a criminal history records
5-26 check of the applicant and an investigation into the applicant's
5-27 local official records to verify the accuracy of the application
6-1 materials. The officer shall submit the results to the director
6-2 with the application materials. Additionally, the officer may
6-3 submit to the director a written recommendation for disapproval of
6-4 the application, accompanied by an affidavit stating personal
6-5 knowledge or naming persons with personal knowledge of a ground for
6-6 denial under Section 2 of this article.
6-7 Sec. 5. LICENSE. (a) The director may issue a license to
6-8 carry a concealed handgun to an applicant if the applicant meets
6-9 all the eligibility requirements and submits all the application
6-10 materials. The director may issue a license to carry handguns only
6-11 of the calibers and actions indicated on the applicant's
6-12 certificate of proficiency issued under Section 16 of this article.
6-13 The director shall administer the licensing procedures in good
6-14 faith so that any applicant who meets all the eligibility
6-15 requirements and submits all the application materials shall
6-16 receive a license. An application may not be denied on a
6-17 capricious or arbitrary decision by the director.
6-18 (b) The director, not later than the 90th day after the date
6-19 of the receipt by an officer of the completed application
6-20 materials, shall:
6-21 (1) issue the license; or
6-22 (2) notify the applicant in writing that the
6-23 application was denied:
6-24 (A) on the grounds that the applicant failed to
6-25 qualify under the criteria listed in Section 2 of this article;
6-26 (B) based on the affidavit of the officer
6-27 submitted to the director under Section 4(d) of this article; or
7-1 (C) based on the affidavit of the qualified
7-2 handgun instructor submitted to the director under Section 16(c) of
7-3 this article.
7-4 (c) If the director issues a license, the director shall
7-5 notify the sheriff of the county in which the license holder
7-6 resides that a license has been issued to the license holder. On
7-7 request of a local law enforcement agency, the director shall
7-8 notify the agency of the licenses that have been issued to license
7-9 holders who reside in the county in which the agency is located.
7-10 (d) A license issued under this article is effective from
7-11 the date of issuance.
7-12 (e) The director by rule shall adopt the form of the
7-13 license. A license must include:
7-14 (1) a number assigned to the license holder by the
7-15 director;
7-16 (2) a statement of the period for which the license is
7-17 effective;
7-18 (3) a statement of the calibers and actions of
7-19 handguns the license holder may carry;
7-20 (4) a color photograph of the license holder; and
7-21 (5) the license holder's full name, date of birth,
7-22 residence address, hair and eye color, height, weight, signature,
7-23 and the number of a driver's license or an identification
7-24 certificate issued by the department.
7-25 (f) With the license, the director shall send to the license
7-26 holder a driver's license or identification certificate sticker
7-27 indicating the license holder is licensed to carry a concealed
8-1 handgun.
8-2 (g) The director by rule shall adopt the form of the
8-3 sticker.
8-4 (h) A license holder shall display the driver's license
8-5 sticker on the license holder's driver's license or the
8-6 identification certificate sticker on an identification certificate
8-7 issued by the department.
8-8 (i) A license holder shall display the license on demand of
8-9 a magistrate, an officer of a court of competent jurisdiction, or a
8-10 peace officer. If a license holder is carrying a handgun on or
8-11 about the license holder's person, the license holder shall display
8-12 the license when any identification is demanded by a magistrate, an
8-13 officer of a court of competent jurisdiction, or a peace officer.
8-14 (j) A person commits an offense if the person fails or
8-15 refuses to display:
8-16 (1) the license as required by Subsection (i) of this
8-17 section; or
8-18 (2) a driver's license sticker or identification
8-19 certificate sticker as required by Subsection (h) of this section.
8-20 (k) An offense under Subsection (j) of this section is a
8-21 Class C misdemeanor.
8-22 Sec. 6. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
8-23 LICENSE. (a) Not later than the 30th day after the date of
8-24 receipt of a written notice of denial, revocation, or suspension of
8-25 a license, the applicant or license holder may petition a justice
8-26 court in the county in which the applicant or license holder
8-27 resides for a hearing to review the denial, revocation, or
9-1 suspension. In a proceeding under this section a justice of the
9-2 peace shall act as an administrative hearing officer. A hearing
9-3 under this section is not subject to the provisions of the
9-4 Administrative Procedure and Texas Register Act (Article 6252-13a,
9-5 Vernon's Texas Civil Statutes). The department may be represented
9-6 by a district or county attorney, the attorney general, or a
9-7 designee of the department.
9-8 (b) The justice of the peace shall send a copy of the
9-9 petition to the director by certified mail with notice of a hearing
9-10 date. The hearing must be held not later than the 30th day after
9-11 the petition was filed.
9-12 (c) The justice court shall determine if the denial,
9-13 revocation, or suspension is supported by a preponderance of the
9-14 evidence. Both the applicant or license holder and the director
9-15 may present evidence. If the court determines that the denial,
9-16 revocation, or suspension was not supported by a preponderance of
9-17 the evidence, the court shall order the director to immediately
9-18 issue or return the license to the applicant or license holder.
9-19 (d) A proceeding under this section is subject to the
9-20 provisions of Chapter 105, Civil Practice and Remedies Code,
9-21 relating to fees, expenses, and attorney's fees.
9-22 (e) A party adversely affected by the court's ruling
9-23 following a hearing under this section may appeal the ruling by
9-24 filing within 30 days after such ruling a petition in a county
9-25 court at law in the county in which the applicant or license holder
9-26 resides or, if there is no county court at law in the county, in
9-27 the county court of the county. A person who appeals under this
10-1 section must send a copy of the person's petition, certified by the
10-2 clerk of the court in which the petition is filed, to the
10-3 department by certified mail. The trial on appeal shall be a trial
10-4 de novo. The department may be represented by a district or county
10-5 attorney or the attorney general.
10-6 Sec. 7. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
10-7 person, after applying for or receiving a license, moves from the
10-8 address stated in the application or on the license or if the name
10-9 of an applicant or license holder is changed by marriage or
10-10 otherwise, the person shall not later than the 30th day after the
10-11 date of the address or name change notify the director, providing
10-12 the director with the number of the person's license if a license
10-13 has been issued and the person's:
10-14 (1) former and new addresses; or
10-15 (2) former and new names.
10-16 (b) If the name of the license holder is changed by marriage
10-17 or otherwise, the person shall apply for a duplicate license. The
10-18 director shall charge a license holder a fee of $25 for a
10-19 duplicate license. If a license holder moved from the address on
10-20 the license, instead of applying for a duplicate license the person
10-21 may:
10-22 (1) submit a written notice to the director containing
10-23 the information required by Subsection (a) of this section; and
10-24 (2) request that the director furnish the person with
10-25 a sticker or certificate to apply to or carry with the person's
10-26 license indicating that a change of address has been filed with the
10-27 director.
11-1 (c) On receipt of a request for a sticker or certificate
11-2 under Subsection (b)(2) of this section on a form approved by the
11-3 director and payment of a sticker or certificate fee of $10, the
11-4 director shall mail or cause to be delivered a sticker or
11-5 certificate to the license holder. The director shall make the
11-6 forms available on request.
11-7 (d) The director shall notify the sheriff of the county in
11-8 which a license holder resides of a change made under Subsection
11-9 (a) of this section by the license holder. On request of a local
11-10 law enforcement agency, the director shall notify the agency of
11-11 changes made under Subsection (a) of this section by license
11-12 holders who reside in the county in which the agency is located.
11-13 Sec. 8. EXPIRATION. (a) A license issued under this
11-14 article expires on the first birthday of the license holder
11-15 occurring after the fourth anniversary of the date of issuance.
11-16 (b) A renewed license expires four years after the date of
11-17 the issuance of the renewed license.
11-18 (c) A duplicate license expires on the date the license that
11-19 was duplicated expires.
11-20 (d) A modified license expires on the date the license that
11-21 was modified expires.
11-22 Sec. 9. MODIFICATION. (a) To modify a license to allow a
11-23 license holder to carry a handgun of a different caliber and action
11-24 than the license indicates, the license holder must:
11-25 (1) complete a proficiency examination as provided by
11-26 Section 15(d) of this article;
11-27 (2) obtain a handgun proficiency certificate under
12-1 Section 16 of this article not more than six months before the date
12-2 of application for a modified license; and
12-3 (3) submit to the director:
12-4 (A) an application for a modified license on a
12-5 form provided by the director;
12-6 (B) a copy of the handgun proficiency
12-7 certificate;
12-8 (C) payment of a modified license fee of $25;
12-9 and
12-10 (D) a recent color passport photograph of the
12-11 license holder.
12-12 (b) The director by rule shall adopt a modified license
12-13 application form requiring an update of the information on the
12-14 original completed application.
12-15 (c) The director may modify the license of a license holder
12-16 who meets all the eligibility requirements and submits all the
12-17 modification materials. Not later than the 30th day after receipt
12-18 of the modification materials, the director shall issue the
12-19 modified license or notify the license holder in writing that the
12-20 modified license application was denied.
12-21 Sec. 10. RENEWAL. (a) To renew a license, a license holder
12-22 must:
12-23 (1) complete a continuing education course for handgun
12-24 proficiency under Section 15(c) of this article not more than six
12-25 months before the date of application for renewal;
12-26 (2) obtain a handgun proficiency certificate under
12-27 Section 16 of this article not more than six months before the date
13-1 of application for renewal; and
13-2 (3) submit to the director:
13-3 (A) an application for renewal on a form
13-4 provided by the director;
13-5 (B) a copy of the handgun proficiency
13-6 certificate;
13-7 (C) payment of a renewal fee of $150; and
13-8 (D) a recent color passport photograph of the
13-9 applicant.
13-10 (b) The director by rule shall adopt a renewal application
13-11 form requiring an update of the information on the original
13-12 completed application. Not later than the 60th day before the
13-13 expiration date of the license, the director shall mail to each
13-14 license holder a written notice of the expiration of the license
13-15 and a renewal form.
13-16 (c) The director may renew the license of a license holder
13-17 who meets all the eligibility requirements and submits all the
13-18 renewal materials. Not later than the 30th day after receipt of
13-19 the renewal materials, the director shall issue the renewal or
13-20 notify the license holder in writing that the renewal application
13-21 was denied.
13-22 Sec. 11. REVOCATION. (a) A license is automatically
13-23 revoked under this section if the license holder:
13-24 (1) was not entitled to the license at the time it was
13-25 issued;
13-26 (2) gave false information on the application; or
13-27 (3) subsequently becomes ineligible for a license
14-1 under Section 2 of this article.
14-2 (b) If the director or a peace officer believes a reason
14-3 listed in Subsection (a) of this section to revoke a license
14-4 exists, the director or peace officer shall revoke the license and
14-5 shall give written notice personally or by mail to the license
14-6 holder that the license is revoked and the reasons for the
14-7 revocation. The license holder shall surrender the license to the
14-8 director not later than the 30th day after the date the license
14-9 holder receives the notice of revocation. The license holder may
14-10 petition a justice court to review the revocation as provided by
14-11 Section 6 of this article.
14-12 (c) A license holder whose license is revoked for any reason
14-13 listed in Subsection (a) of this section may not reapply for a
14-14 license under this article before the second anniversary of the
14-15 date of revocation.
14-16 Sec. 12. SUSPENSION OF LICENSE. (a) A license is
14-17 automatically suspended under this section if the license holder:
14-18 (1) is convicted of disorderly conduct under Section
14-19 42.01, Penal Code, punishable as a Class C misdemeanor;
14-20 (2) fails to display a license or a sticker as
14-21 required by Section 5 of this article;
14-22 (3) fails to notify the director of a change of
14-23 address or name as required by Section 7 of this article;
14-24 (4) carries a handgun of a different caliber or action
14-25 than the license holder is licensed to carry; or
14-26 (5) has been charged by indictment or information with
14-27 the commission of an offense that would make the license holder
15-1 ineligible for a license on conviction.
15-2 (b) If the director or a peace officer believes a reason
15-3 listed in Subsection (a) of this section to suspend a license
15-4 exists, the director or peace officer shall suspend the license and
15-5 shall give written notice personally or by mail to the license
15-6 holder that the license is suspended, the period of suspension, and
15-7 the reasons for the suspension. The license holder shall surrender
15-8 the license to the director not later than the 30th day after the
15-9 date the license holder receives the notice of suspension. The
15-10 license holder may petition a justice court to review the
15-11 suspension as provided by Section 6 of this article.
15-12 (c) A license may be suspended under this section for a
15-13 period not to exceed two years.
15-14 Sec. 13. OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
15-15 (a) A license holder commits an offense if the license holder
15-16 intentionally, knowingly, or recklessly carries a handgun, whether
15-17 or not the handgun is concealed, on or about the license holder's
15-18 person:
15-19 (1) on the premises of a school or an educational
15-20 institution, whether public or private, unless the license holder
15-21 has written authorization of the institution;
15-22 (2) on the premises of a polling place on the day of
15-23 an election or while absentee balloting is in progress;
15-24 (3) in any government court or offices used by the
15-25 court, unless in accordance with written regulations or written
15-26 authorization of the court;
15-27 (4) on the premises of a business, such as a bar,
16-1 nightclub, or lounge, that has been issued a license or permit by
16-2 the state for the sale and on-premises consumption of alcoholic
16-3 beverages and that receives its primary source of revenue from the
16-4 sale and on-premises consumption of alcoholic beverages;
16-5 (5) on the premises of a racetrack;
16-6 (6) in the secured passenger area of any airport; or
16-7 (7) on the premises where any high school, collegiate,
16-8 or professional sporting event or interscholastic event is taking
16-9 place, unless the license holder is a participant in a sporting
16-10 event in which a handgun is used.
16-11 (b) An offense under Subsection (a) of this section is a
16-12 Class B misdemeanor.
16-13 (c) A license holder commits an offense if the license
16-14 holder intentionally, knowingly, or recklessly carries a handgun,
16-15 whether or not the handgun is concealed, at any meeting of the
16-16 governing body of a county, municipality, or special district or at
16-17 any meeting of the state legislature. An offense under this
16-18 subsection is a Class A misdemeanor.
16-19 (d) A license holder commits an offense if the license
16-20 holder intentionally, knowingly, or recklessly carries a handgun,
16-21 whether or not the handgun is concealed, while intoxicated. An
16-22 offense under this subsection is a Class A misdemeanor.
16-23 Sec. 14. LIMITATION OF LIABILITY. A court may not hold the
16-24 state, an agency or subdivision of the state, an officer or
16-25 employee of the state, or a qualified handgun instructor liable for
16-26 damages caused by an action authorized under this article or
16-27 failure to perform a duty imposed by this article.
17-1 Sec. 15. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
17-2 shall establish minimum standards for handgun proficiency and shall
17-3 develop a course to teach handgun proficiency and examinations to
17-4 measure handgun proficiency. The director shall distribute the
17-5 standards, course requirements, and examinations on request to any
17-6 qualified handgun instructor.
17-7 (b) The handgun proficiency course shall be administered by
17-8 a qualified handgun instructor and must include at least 15 hours
17-9 of instruction on:
17-10 (1) the laws that relate to weapons and to the use of
17-11 deadly force;
17-12 (2) handgun safety; and
17-13 (3) dispute resolution.
17-14 (c) The director shall develop a continuing education course
17-15 in handgun proficiency for a license holder who wishes to renew a
17-16 license. The continuing education course shall be administered by
17-17 a qualified handgun instructor and must include at least four hours
17-18 of instruction on the subjects listed in Subsection (b) of this
17-19 section.
17-20 (d) The proficiency examination to obtain or to renew a
17-21 license shall be administered by a qualified handgun instructor and
17-22 must include:
17-23 (1) a written section on the subjects listed in
17-24 Subsection (b) of this section; and
17-25 (2) a physical demonstration of proficiency in the use
17-26 of one or more handguns of specific calibers and actions and in
17-27 handgun safety procedures.
18-1 (e) The proficiency examination to modify a license shall be
18-2 administered by a qualified handgun instructor and must include a
18-3 physical demonstration of the proficiency in the use of one or more
18-4 handguns of specific calibers and actions and in handgun safety.
18-5 (f) The director shall develop and distribute directions and
18-6 materials for course instruction, test administration, and
18-7 recordkeeping. All test results shall be sent to the director, and
18-8 the director shall maintain a record of these results.
18-9 (g) A person who wishes to obtain or renew a license to
18-10 carry a concealed handgun shall apply in person to a qualified
18-11 handgun instructor to take the appropriate course in handgun
18-12 proficiency, demonstrate handgun proficiency, and obtain a handgun
18-13 proficiency certificate as described by Section 16 of this article.
18-14 (h) A license holder who wishes to modify a license to allow
18-15 the license holder to carry a handgun of a different caliber and
18-16 action than the license indicates shall apply in person to a
18-17 qualified handgun instructor to take the appropriate proficiency
18-18 examination and obtain a handgun proficiency certificate as
18-19 described by Section 16 of this article.
18-20 Sec. 16. HANDGUN PROFICIENCY CERTIFICATE. (a) The director
18-21 shall develop a handgun proficiency certificate and distribute the
18-22 certificate to qualified handgun instructors who administer the
18-23 handgun proficiency examination described in Section 15 of this
18-24 article.
18-25 (b) If a person successfully completes the proficiency
18-26 requirements as described in Section 15 of this article, the
18-27 instructor shall endorse a certificate of handgun proficiency
19-1 provided by the director. The certificate must indicate the
19-2 caliber and action of any handgun the applicant used in the
19-3 proficiency examination.
19-4 (c) A qualified handgun instructor may submit to the
19-5 director a written recommendation for disapproval of the
19-6 application for a license, renewal, or modification of a license,
19-7 accompanied by an affidavit stating personal knowledge or naming
19-8 persons with personal knowledge that leads the instructor to
19-9 believe that an applicant is not qualified for handgun proficiency
19-10 certification despite the applicant's completion of the proficiency
19-11 requirements as described in Section 15 of this article.
19-12 Sec. 17. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
19-13 by rule shall establish requirements for the certification of a
19-14 qualified handgun instructor.
19-15 (b) A qualified handgun instructor must be qualified to
19-16 instruct persons in:
19-17 (1) the use of handguns;
19-18 (2) the laws that relate to weapons and to the use of
19-19 deadly force;
19-20 (3) handgun safety; and
19-21 (4) dispute resolution.
19-22 Sec. 18. REVIEW OF DENIAL OF CERTIFICATION AS QUALIFIED
19-23 HANDGUN INSTRUCTOR. The procedures for the review of a denial of a
19-24 license under Section 6 of this article apply to the review of a
19-25 denial of certification as a qualified handgun instructor.
19-26 Sec. 19. CONFIDENTIALITY OF RECORDS. A record maintained
19-27 under this article is confidential and is not subject to mandatory
20-1 disclosure under the open records law, Chapter 424, Acts of the
20-2 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
20-3 Texas Civil Statutes).
20-4 Sec. 20. RULES. The Public Safety Commission shall adopt
20-5 rules to administer this article.
20-6 Sec. 21. FUNDS. The department shall forward the fees
20-7 collected under this article to the comptroller of public accounts.
20-8 The fees shall be deposited to the credit of an account in the
20-9 general revenue fund to be known as the concealed handgun license
20-10 account. The legislature may appropriate funds from the account
20-11 only for the purpose of paying the costs of the department in
20-12 implementing this article. At the end of each fiscal year, the
20-13 comptroller shall transfer the excess funds in the account to the
20-14 general revenue fund.
20-15 SECTION 2. Section 46.03(a), Penal Code, is amended to read
20-16 as follows:
20-17 (a) The provisions of Section 46.02 of this code do not
20-18 apply to a person:
20-19 (1) in the actual discharge of his official duties as
20-20 a member of the armed forces or state military forces as defined by
20-21 Section 431.001, Government Code, or as a guard employed by a penal
20-22 institution;
20-23 (2) on his own premises or premises under his control
20-24 unless he is an employee or agent of the owner of the premises and
20-25 his primary responsibility is to act in the capacity of a security
20-26 guard to protect persons or property, in which event he must comply
20-27 with Subdivision (5) of this subsection;
21-1 (3) traveling;
21-2 (4) engaging in lawful hunting, fishing, or other
21-3 sporting activity if the weapon is a type commonly used in the
21-4 activity;
21-5 (5) who holds a security officer commission issued by
21-6 the Texas Board of Private Investigators and Private Security
21-7 Agencies, if:
21-8 (A) he is engaged in the performance of his
21-9 duties as a security officer or traveling to and from his place of
21-10 assignment;
21-11 (B) he is wearing a distinctive uniform; and
21-12 (C) the weapon is in plain view; <or>
21-13 (6) who is a peace officer, other than a person
21-14 commissioned by the Texas State Board of Pharmacy; or
21-15 (7) carrying a concealed handgun and a valid license
21-16 issued under Article 4413(29ee), Revised Statutes, to carry a
21-17 concealed handgun of the same caliber and action as the handgun the
21-18 person is carrying.
21-19 SECTION 3. This Act takes effect September 1, 1993, except
21-20 that a license issued under this Act before January 1, 1994, is not
21-21 effective until January 1, 1994. A license issued before January
21-22 1, 1994, shall be clearly marked to reflect the date on which it
21-23 becomes effective, and the director of the Department of Public
21-24 Safety shall inform each recipient of a license before that date
21-25 that the license is not effective until that date. The legislature
21-26 shall ensure that the foregoing requirements and rules adopted by
21-27 the director of the Department of Public Safety are codified into
22-1 state law at the next legislative session.
22-2 SECTION 4. An offense committed before January 1, 1994, is
22-3 covered by the law in effect when the offense is committed, and the
22-4 former law is continued in effect for this purpose.
22-5 SECTION 5. The importance of this legislation and the
22-6 crowded condition of the calendars in both houses create an
22-7 emergency and an imperative public necessity that the
22-8 constitutional rule requiring bills to be read on three several
22-9 days in each house be suspended, and this rule is hereby suspended.