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.