By Wilson, Carter, et al. H.B. No. 1776
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a license to carry a handgun; providing
1-3 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 HANDGUN
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Action" means revolver or semi-automatic action.
1-10 (2) "Alcoholic beverage" has the meaning assigned by
1-11 Section 1.04, Alcoholic Beverage Code, and its subsequent
1-12 amendments.
1-13 (3) "Chemically dependent person" means a person who
1-14 frequently or repeatedly becomes intoxicated by excessive
1-15 indulgence in alcohol or uses controlled substances or dangerous
1-16 drugs so as to acquire a fixed habit and an involuntary tendency to
1-17 become intoxicated or use those substances as often as the
1-18 opportunity is presented.
1-19 (4) "Concealed handgun" means a handgun, the presence
1-20 of which is not openly discernible to the ordinary observation of a
1-21 reasonable person.
1-22 (5) "Controlled substance" has the meaning assigned by
1-23 Section 481.002, Health and Safety Code, and its subsequent
1-24 amendments.
2-1 (6) "Convicted" means an adjudication of guilt or an
2-2 order of deferred adjudication entered against a person by a court
2-3 of competent jurisdiction whether or not:
2-4 (A) the sentence is subsequently probated and
2-5 the person is discharged from probation; or
2-6 (B) the person is pardoned for the offense,
2-7 unless the pardon is expressly granted for subsequent proof of
2-8 innocence.
2-9 (7) "Dangerous drug" has the meaning assigned by
2-10 Section 483.001, Health and Safety Code, and its subsequent
2-11 amendments.
2-12 (8) "Department" means the Department of Public
2-13 Safety, including employees of the department.
2-14 (9) "Director" means the director of the Department of
2-15 Public Safety or the director's designee.
2-16 (10) "Handgun" has the meaning assigned by Section
2-17 46.01, Penal Code, and its subsequent amendments.
2-18 (11) "Intoxicated" has the meaning assigned by Section
2-19 (a)(2), Article 6701l-1, Revised Statutes, and its subsequent
2-20 amendments.
2-21 (12) "Qualified handgun instructor" means a person who
2-22 is certified to instruct in the use of handguns by the department.
2-23 (13) "Unsound mind" means the mental condition of a
2-24 person who:
2-25 (A) has been adjudicated mentally incompetent,
2-26 mentally ill, or not guilty of a criminal offense by reason of
2-27 insanity; or
3-1 (B) has been diagnosed by a licensed physician,
3-2 psychologist, professional counselor, or marriage and family
3-3 therapist as being characterized by a mental disorder or infirmity
3-4 that renders the person incapable of managing the person's self or
3-5 the person's affairs, unless the person furnishes a certificate
3-6 from a licensed physician, psychologist, professional counselor, or
3-7 marriage and family therapist stating that the person is no longer
3-8 disabled.
3-9 (14) "Exposed handgun" means a handgun, carried in a
3-10 holster, the presence of which is openly discernible to the
3-11 ordinary observation of a reasonable person.
3-12 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
3-13 license to carry a concealed or an exposed handgun if the person:
3-14 (1) is a resident of and a citizen of this state for
3-15 the one-year period preceding the date of application under this
3-16 article;
3-17 (2) is at least 21 years of age;
3-18 (3) has not been convicted of a felony or adjudicated
3-19 as having engaged in delinquent conduct under Title 3, Family Code,
3-20 that violated a penal law of the grade of felony;
3-21 (4) is not charged with the commission of a Class A or
3-22 Class B misdemeanor or of a felony under an information or
3-23 indictment;
3-24 (5) is not a fugitive from justice for a felony or a
3-25 Class A or Class B misdemeanor;
3-26 (6) is not a chemically dependent person;
3-27 (7) is not a person of unsound mind;
4-1 (8) has not, in the five years preceding the date of
4-2 application, been convicted of a Class A or Class B misdemeanor;
4-3 (9) has not been finally determined to be delinquent
4-4 in making a child support payment administered or collected by the
4-5 attorney general;
4-6 (10) has not been finally determined to be delinquent
4-7 in the payment of a tax or other money collected by the
4-8 comptroller, state treasurer, or Texas Alcoholic Beverage
4-9 Commission;
4-10 (11) has not been finally determined to be in default
4-11 on a loan made under Chapter 52, Education Code, or a loan
4-12 guaranteed under Chapter 57, Education Code; and
4-13 (12) is not currently restricted under a court
4-14 protective order.
4-15 (b) For the purposes of this section, an offense under the
4-16 laws of this state, another state, or the United States is:
4-17 (1) a felony if confinement for one year or more in a
4-18 penitentiary is affixed to the offense as a possible punishment;
4-19 and
4-20 (2) a Class A misdemeanor if the offense is not a
4-21 felony and confinement in a jail is affixed as a possible
4-22 punishment.
4-23 (c) The attorney general, comptroller, state treasurer,
4-24 Texas Alcoholic Beverage Commission, Texas Higher Education
4-25 Coordinating Board, and Texas Guaranteed Student Loan Corporation
4-26 shall each provide to the director a report of persons who have
4-27 been finally determined to be delinquent in the payment of a tax or
5-1 other money collected by the agency. The director shall adopt
5-2 rules regarding the form and frequency of the reports under this
5-3 subsection.
5-4 Sec. 3. APPLICATION. (a) An applicant for a license to
5-5 carry a concealed or an exposed handgun must submit to the
5-6 director's designee described by Section 4 of this article:
5-7 (1) a completed application on a form provided by the
5-8 department that requires only the information listed in Subsection
5-9 (b) of this section;
5-10 (2) two recent color passport photographs of the
5-11 applicant;
5-12 (3) a certified copy of the applicant's birth
5-13 certificate or certified proof of age;
5-14 (4) proof of residency in this state;
5-15 (5) two complete sets of legible and classifiable
5-16 fingerprints of the applicant taken by a law enforcement agency on
5-17 a form approved by the department;
5-18 (6) a nonrefundable application and license fee of
5-19 $140 paid to the department;
5-20 (7) a handgun proficiency certificate described by
5-21 Section 16 of this article;
5-22 (8) an affidavit signed by the applicant stating that
5-23 the applicant:
5-24 (A) has read and understands each provision of
5-25 this article that creates an offense under the laws of this state
5-26 and each provision of the laws of this state related to use of
5-27 deadly force; and
6-1 (B) fulfills all the eligibility requirements
6-2 listed under Section 2 of this article; and
6-3 (9) a form executed by the applicant that waives
6-4 confidentiality provided by the Freedom of Information Act (5
6-5 U.S.C. Section 552) and its subsequent amendments, the Right of
6-6 Privacy Act (5 U.S.C. Section 552a) and its subsequent amendments,
6-7 or other law and authorizes any law enforcement agency or the
6-8 director's designee to make an inquiry into any records, including
6-9 medical records, and records regarding the mental health of the
6-10 applicant that are considered necessary by the director's designee
6-11 to determine the applicant's eligibility for a license.
6-12 (b) An applicant must provide on the application a statement
6-13 of the applicant's:
6-14 (1) full name and place and date of birth;
6-15 (2) race and sex;
6-16 (3) residence and business addresses for the preceding
6-17 five years;
6-18 (4) hair and eye color;
6-19 (5) height and weight;
6-20 (6) driver's license number or identification
6-21 certificate number issued by the department;
6-22 (7) criminal history, including:
6-23 (A) a list of offenses for which the applicant
6-24 was arrested, charged, or under an information or indictment and
6-25 the disposition of the offenses; and
6-26 (B) a description of allegations under Title 3,
6-27 Family Code, of delinquent conduct that violated a penal law of the
7-1 grade of a felony and for which the applicant was taken into
7-2 custody or referred to a juvenile court and the disposition of the
7-3 case; and
7-4 (8) history during the preceding five years, if any,
7-5 of treatment for a psychological disorder or commitment to or
7-6 residence in a psychiatric hospital or a drug or alcohol treatment
7-7 center licensed to provide drug or alcohol treatment under the laws
7-8 of this state or another state.
7-9 (c) The department shall distribute on request a copy of
7-10 this article and application materials. The application must
7-11 contain a conspicuous notice that states that the application is a
7-12 government record and falsification of the application is an
7-13 offense.
7-14 Sec. 4. RECEIPT OF APPLICATION MATERIALS. (a) A person
7-15 applying for a license to carry a concealed or an exposed handgun
7-16 must apply in person and display a driver's license or
7-17 identification certificate issued by the department to the
7-18 director's designee in the county in which the applicant resides.
7-19 (b) The director's designee may not accept an application
7-20 unless all items listed in Section 3(a) of this article are
7-21 submitted. The director's designee shall accept an application
7-22 that contains all necessary information and supporting documents.
7-23 If all required items are submitted, the director's designee shall
7-24 give the applicant a receipt for the completed application
7-25 materials endorsed with the date of submission.
7-26 (c) Not later than the 30th day after the date the
7-27 director's designee receives the completed application materials,
8-1 the director's designee shall forward the materials to the
8-2 appropriate division of the department at the department's Austin
8-3 headquarters.
8-4 (d) The director's designee shall conduct a criminal history
8-5 records check of the applicant and an investigation of the
8-6 applicant's local official records to verify the accuracy of the
8-7 application materials. The scope and duration of the records check
8-8 and investigation are at the sole discretion of the department.
8-9 The director's designee shall submit the results to the appropriate
8-10 division of the department at the department's Austin headquarters
8-11 with the application materials. The director's designee also may
8-12 submit to the appropriate division of the department at the
8-13 department's Austin headquarters a written recommendation for
8-14 disapproval of the application, accompanied by an affidavit stating
8-15 personal knowledge or naming persons with personal knowledge of a
8-16 ground for denial under Section 2 of this article.
8-17 Sec. 5. LICENSE. (a) The department may issue a license to
8-18 carry a concealed or an exposed handgun to an applicant if the
8-19 applicant meets all the eligibility requirements and submits all
8-20 the application materials. The department may issue a license to
8-21 carry handguns only of the category or categories of handguns
8-22 indicated on the applicant's certificate of proficiency issued
8-23 under Section 16 of this article. The department shall administer
8-24 the licensing procedures in good faith so that any applicant who
8-25 meets all the eligibility requirements and submits all the
8-26 application materials shall receive a license. The department may
8-27 not deny an application on the basis of a capricious or arbitrary
9-1 decision by the department.
9-2 (b) The department, not later than the 90th day after the
9-3 date of the receipt by the director's designee of the completed
9-4 application materials, shall:
9-5 (1) issue the license; or
9-6 (2) notify the applicant in writing that the
9-7 application was denied:
9-8 (A) on the grounds that the applicant failed to
9-9 qualify under the criteria listed in Section 2 of this article;
9-10 (B) based on the affidavit of the director's
9-11 designee submitted to the department under Section 4(d) of this
9-12 article; or
9-13 (C) based on the affidavit of the qualified
9-14 handgun instructor submitted to the department under Section 16(c)
9-15 of this article.
9-16 (c) If the department issues a license, the department shall
9-17 notify the sheriff of the county in which the license holder
9-18 resides that a license has been issued to the license holder. On
9-19 request of a local law enforcement agency, the department shall
9-20 notify the agency of the licenses that have been issued to license
9-21 holders who reside in the county in which the agency is located.
9-22 (d) A license issued under this article is effective from
9-23 the date of issuance.
9-24 (e) The department, by rule, shall adopt the form of the
9-25 license. A license must include:
9-26 (1) a number assigned to the license holder by the
9-27 department;
10-1 (2) a statement of the period for which the license is
10-2 effective;
10-3 (3) a statement of the category or categories of
10-4 handguns the license holder may carry as provided by Subsection (f)
10-5 of this section;
10-6 (4) a color photograph of the license holder; and
10-7 (5) the license holder's full name, date of birth,
10-8 residence address, hair and eye color, height, weight, signature,
10-9 and the number of a driver's license or an identification
10-10 certificate issued to the license holder by the department.
10-11 (f) A category of handguns contains handguns of certain
10-12 calibers and actions. The categories of handguns are as follows:
10-13 (1) SA1: semi-automatic handguns of any caliber;
10-14 (2) SA2: semi-automatic handguns that are smaller
10-15 than 9mm caliber;
10-16 (3) R1: revolvers of any caliber; and
10-17 (4) R2: revolvers that are smaller than .38 caliber.
10-18 (g) On a demand by a magistrate, an officer of a court of
10-19 competent jurisdiction, or a peace officer that a license holder
10-20 display the license holder's handgun license, the license holder
10-21 shall display both the license and the license holder's driver's
10-22 license or identification certificate issued by the department.
10-23 (h) If a license holder is carrying a handgun on or about
10-24 the license holder's person when a magistrate, an officer of a
10-25 court of competent jurisdiction, or a peace officer demands that
10-26 the license holder display identification, the license holder shall
10-27 display both the license holder's driver's license or
11-1 identification certificate issued by the department and the license
11-2 holder's handgun license.
11-3 (i) A person commits an offense if the person fails or
11-4 refuses to display the license and identification as required by
11-5 Subsection (g) or (h) of this section. An offense under this
11-6 subsection is a Class C misdemeanor.
11-7 Sec. 6. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
11-8 LICENSE. (a) Not later than the 30th day after the date of
11-9 receipt of a written notice of denial, revocation, or suspension of
11-10 a license, the applicant or license holder may petition a justice
11-11 court in the county in which the applicant or license holder
11-12 resides for a hearing to review the denial, revocation, or
11-13 suspension. In a proceeding under this section, a justice of the
11-14 peace shall act as an administrative hearing officer. A hearing
11-15 under this section is not subject to the Administrative Procedure
11-16 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
11-17 Statutes). The department may be represented by a district or
11-18 county attorney, the attorney general, or a designated member of
11-19 the department.
11-20 (b) The justice of the peace shall send a copy of the
11-21 petition to the appropriate division of the department at its
11-22 Austin headquarters by certified mail with notice of a hearing
11-23 date. The hearing must be held not later than the 30th day after
11-24 the petition was filed. The hearing may not be held unless the
11-25 department receives the notice of the hearing not later than the
11-26 10th day before the date of the hearing.
11-27 (c) The justice court shall determine if the denial,
12-1 revocation, or suspension is supported by a preponderance of the
12-2 evidence. Both the applicant or license holder and the department
12-3 may present evidence. The court shall affirm the denial,
12-4 revocation, or suspension if the court determines that denial,
12-5 revocation, or suspension was supported by a preponderance of the
12-6 evidence. If the court determines that the denial, revocation, or
12-7 suspension was not supported by a preponderance of the evidence,
12-8 the court shall order the department to immediately issue or return
12-9 the license to the applicant or license holder.
12-10 (d) A proceeding under this section is subject to Chapter
12-11 105, Civil Practice and Remedies Code, and its subsequent
12-12 amendments relating to fees, expenses, and attorney's fees.
12-13 (e) A party adversely affected by the court's ruling
12-14 following a hearing under this section may appeal the ruling by
12-15 filing within 30 days after the ruling a petition in a county court
12-16 at law in the county in which the applicant or license holder
12-17 resides or, if there is no county court at law in the county, in
12-18 the county court of the county. A person who appeals under this
12-19 section must send by certified mail a copy of the person's
12-20 petition, certified by the clerk of the court in which the petition
12-21 is filed, to the appropriate division of the department at its
12-22 Austin headquarters. The trial on appeal shall be a trial de novo
12-23 without a jury. The department may be represented by a district or
12-24 county attorney or the attorney general.
12-25 (f) A suspension of a license may not be probated.
12-26 (g) If an applicant or a license holder does not petition
12-27 the justice court, a denial becomes final and a revocation or
13-1 suspension takes effect on the 30th day after receipt of written
13-2 notice.
13-3 Sec. 7. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
13-4 person, after applying for or receiving a license, moves from the
13-5 address stated in the application or on the license or if the name
13-6 of the person is changed by marriage or otherwise, the person
13-7 shall, not later than the 30th day after the date of the address or
13-8 name change, notify the department and provide the department with
13-9 the number of the person's license if a license has been issued and
13-10 the person's:
13-11 (1) former and new addresses; or
13-12 (2) former and new names.
13-13 (b) If the name of the license holder is changed by marriage
13-14 or otherwise, the person shall apply for a duplicate license.
13-15 (c) If a license holder moved from the address on the
13-16 license, the person shall apply for a duplicate license.
13-17 (d) The department shall charge a license holder a fee of
13-18 $10 for a duplicate license.
13-19 (e) The department shall make the forms available on
13-20 request.
13-21 (f) The department shall notify the sheriff of the county in
13-22 which a license holder resides of a change made under Subsection
13-23 (a) of this section by the license holder. On request of a local
13-24 law enforcement agency, the department shall notify the agency of
13-25 changes made under Subsection (a) of this section by license
13-26 holders who reside in the county in which the agency is located.
13-27 (g) If a license is lost, stolen, or destroyed, the license
14-1 holder shall apply for a duplicate license not later than the 30th
14-2 day after the date of the loss, theft, or destruction of the
14-3 license.
14-4 (h) If a license holder is required under this section to
14-5 apply for a duplicate license and the license expires not later
14-6 than the 60th day after the date of the loss, theft, or destruction
14-7 of the license, the applicant may renew the license with the
14-8 modified information included on the new license. The applicant
14-9 shall pay only the nonrefundable renewal fee.
14-10 Sec. 8. EXPIRATION. (a) A license issued under this
14-11 article expires on the first birthday of the license holder
14-12 occurring after the fourth anniversary of the date of issuance.
14-13 (b) A renewed license expires on the license holder's
14-14 birthdate, four years after the date of the expiration of the
14-15 previous license.
14-16 (c) A duplicate license expires on the date the license that
14-17 was duplicated would have expired.
14-18 (d) A modified license expires on the date the license that
14-19 was modified would have expired.
14-20 Sec. 9. MODIFICATION. (a) To modify a license to allow a
14-21 license holder to carry a handgun of a different category than the
14-22 license indicates, the license holder must:
14-23 (1) complete a proficiency examination as provided by
14-24 Section 15(d) of this article;
14-25 (2) obtain a handgun proficiency certificate under
14-26 Section 16 of this article not more than six months before the date
14-27 of application for a modified license; and
15-1 (3) submit to the department:
15-2 (A) an application for a modified license on a
15-3 form provided by the department;
15-4 (B) a copy of the handgun proficiency
15-5 certificate;
15-6 (C) payment of a modified license fee of $25;
15-7 and
15-8 (D) two recent color passport photographs of the
15-9 license holder.
15-10 (b) The director by rule shall adopt a modified license
15-11 application form requiring an update of the information on the
15-12 original completed application.
15-13 (c) The department may modify the license of a license
15-14 holder who meets all the eligibility requirements and submits all
15-15 the modification materials. Not later than the 45th day after
15-16 receipt of the modification materials, the department shall issue
15-17 the modified license or notify the license holder in writing that
15-18 the modified license application was denied.
15-19 (d) On receipt of a modified license, the license holder
15-20 shall return the previously issued license to the department.
15-21 Sec. 10. RENEWAL. (a) To renew a license, a license holder
15-22 must:
15-23 (1) complete a continuing education course for handgun
15-24 proficiency under Section 15(d) of this article not more than six
15-25 months before the date of application for renewal;
15-26 (2) obtain a handgun proficiency certificate under
15-27 Section 16 of this article not more than six months before the date
16-1 of application for renewal; and
16-2 (3) submit to the department:
16-3 (A) an application for renewal on a form
16-4 provided by the department;
16-5 (B) a copy of the handgun proficiency
16-6 certificate;
16-7 (C) payment of a nonrefundable renewal fee as
16-8 set by the department; and
16-9 (D) two recent color passport photographs of the
16-10 applicant.
16-11 (b) The director by rule shall adopt a renewal application
16-12 form requiring an update of the information on the original
16-13 completed application. The director by rule shall set the renewal
16-14 fee in an amount that is sufficient to cover the actual cost to the
16-15 department to renew a license. Not later than the 60th day before
16-16 the expiration date of the license, the department shall mail to
16-17 each license holder a written notice of the expiration of the
16-18 license and a renewal form.
16-19 (c) The department may renew the license of a license holder
16-20 who meets all the eligibility requirements and submits all the
16-21 renewal materials. Not later than the 45th day after receipt of
16-22 the renewal materials, the department shall issue the renewal or
16-23 notify the license holder in writing that the renewal application
16-24 was denied.
16-25 Sec. 11. REVOCATION. (a) A license may be revoked under
16-26 this section if the license holder:
16-27 (1) was not entitled to the license at the time it was
17-1 issued;
17-2 (2) gave false information on the application;
17-3 (3) subsequently becomes ineligible for a license
17-4 under Section 2 of this article;
17-5 (4) is convicted of an offense under Section 13 of
17-6 this article; or
17-7 (5) fails to submit a negative test result of a
17-8 controlled substance abuse test to the director as required by
17-9 Section 28 of this article, unless the license holder shows
17-10 reasonable cause for failing to submit the test.
17-11 (b) If a peace officer believes a reason listed in
17-12 Subsection (a) of this section to revoke a license exists, the
17-13 peace officer shall prepare an affidavit on a form provided by the
17-14 department stating the reason for the revocation of the license and
17-15 giving the department all of the information available to the peace
17-16 officer at the time of the preparation of the form. The officer
17-17 shall attach the officer's reports relating to the license holder
17-18 to the form and send the form and attachments to the appropriate
17-19 division of the department at its Austin headquarters not later
17-20 than the fifth working day after the date the form is prepared.
17-21 The officer shall send a copy of the form without the attachments
17-22 to the license holder. If the license holder has not surrendered
17-23 the license or the license was seized as evidence, the license
17-24 holder shall surrender the license to the appropriate division of
17-25 the department not later than the 30th day after the date the
17-26 license holder receives the notice of revocation from the
17-27 department, unless the license holder petitions a justice court to
18-1 review the revocation. The license holder may petition a justice
18-2 court to review the revocation as provided by Section 6 of this
18-3 article. If the license holder petitions the justice court for a
18-4 hearing, the license holder shall surrender the license on the date
18-5 an order of revocation has been entered.
18-6 (c) A license holder whose license has been revoked for a
18-7 reason listed in this section may reapply as a new applicant for
18-8 the issuance of a license under this article after the second
18-9 anniversary of the date of the revocation if the cause for
18-10 revocation does not exist on the date of the second anniversary.
18-11 If the cause of revocation exists on the date of the second
18-12 anniversary after the date of revocation, the license holder may
18-13 not apply for a new license until the cause for the revocation no
18-14 longer exists and has not existed for a period of two years.
18-15 Sec. 12. SUSPENSION OF LICENSE. (a) A license may be
18-16 suspended under this section if the license holder:
18-17 (1) is convicted of disorderly conduct punishable as a
18-18 Class C misdemeanor under Section 42.01, Penal Code, and its
18-19 subsequent amendments;
18-20 (2) fails to display a license required by Section 5
18-21 of this article;
18-22 (3) fails to notify the department of a change of
18-23 address or name as required by Section 7 of this article;
18-24 (4) carries a concealed or an exposed handgun under
18-25 the authority of this article of a different caliber or action than
18-26 the license holder is licensed to carry;
18-27 (5) has been charged by indictment with the commission
19-1 of an offense that would make the license holder ineligible for a
19-2 license on conviction;
19-3 (6) has been charged by information with the
19-4 commission of an offense that would make the license holder
19-5 ineligible for a license upon conviction, if there is evidence to
19-6 show probable cause to believe that the license holder committed
19-7 the offense; or
19-8 (7) fails to return a previously issued license after
19-9 a license is modified as required by Section 9(d) of this article.
19-10 (b) If any peace officer believes a reason listed in
19-11 Subsection (a) of this section to suspend a license exists, the
19-12 officer shall prepare an affidavit on a form provided by the
19-13 department stating the reason for the suspension of the license and
19-14 giving the department all of the information available to the
19-15 officer at the time of the preparation of the form. The officer
19-16 shall attach the officer's reports relating to the license holder
19-17 to the form and send the form and the attachments to the
19-18 appropriate division of the department at its Austin headquarters
19-19 not later than the fifth working day after the date the form is
19-20 prepared. The officer shall send a copy of the form without the
19-21 attachments to the license holder. If the license holder has not
19-22 surrendered the license or the license was seized as evidence, the
19-23 license holder shall surrender the license to the appropriate
19-24 division of the department not later than the 30th day after the
19-25 date the license holder receives the notice of suspension from the
19-26 department unless the license holder petitions a justice court to
19-27 review the suspension. The license holder may petition a justice
20-1 court to review the suspension as provided by Section 6 of this
20-2 article. If the license holder petitions the justice court for a
20-3 hearing, the license holder shall surrender the license on the date
20-4 an order of suspension is entered.
20-5 (c) A license may be suspended under this section for not
20-6 less than 30 days and not more than two years.
20-7 Sec. 13. OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
20-8 (a) A license holder commits an offense if the license holder
20-9 knowingly carries a handgun on or about his person under the
20-10 authority of this article and fails to conceal or expose the
20-11 handgun or carry the handgun in an exposed holster. An offense
20-12 under this subsection is a Class A misdemeanor.
20-13 (b) A license holder commits an offense if the license
20-14 holder recklessly carries a handgun on or about his person under
20-15 the authority of this article and fails to conceal or expose the
20-16 handgun or carry the handgun in an exposed holster. An offense
20-17 under this subsection is a Class C misdemeanor.
20-18 (c) A license holder commits an offense if the license
20-19 holder recklessly carries a handgun under the authority of this
20-20 article, regardless of whether the handgun is concealed or exposed,
20-21 on or about the license holder's person:
20-22 (1) on the premises of a school or an educational
20-23 institution, whether public or private, unless the license holder
20-24 has written authorization of the institution;
20-25 (2) on the premises of a polling place on the date of
20-26 an election or while early voting is in progress;
20-27 (3) in any government court or offices used by a
21-1 court, unless in accordance with written regulations or written
21-2 authorization of the court;
21-3 (4) on the premises of a business that has been issued
21-4 a license or permit by the state for the sale and on-premises
21-5 consumption of alcoholic beverages;
21-6 (5) on the premises of a racetrack;
21-7 (6) in the secured passenger area of any airport;
21-8 (7) on a premises where a high school, collegiate, or
21-9 professional sporting event or interscholastic event is taking
21-10 place, unless the license holder is a participant in a sporting
21-11 event in which a handgun is used;
21-12 (8) in any other building used by or principally
21-13 occupied by a governmental entity that exempts handguns left in a
21-14 parked and locked car in a parking garage or lot;
21-15 (9) on the premises of a state or federal bank,
21-16 savings and loan association, credit union, or savings bank, unless
21-17 the license holder has the written authorization of the bank,
21-18 association, credit union, or savings bank; or
21-19 (10) on the premises of a public library, post office,
21-20 or religious institution or in the area of a hospital in which
21-21 medical services are rendered.
21-22 (d) An offense under Subsection (c) of this section is a
21-23 Class B misdemeanor, unless the offense is committed under
21-24 Subsection (c)(4) of this section, in which event the offense is a
21-25 felony of the third degree.
21-26 (e) A license holder commits an offense if the license
21-27 holder recklessly carries a handgun under the authority of this
22-1 article, regardless of whether the handgun is concealed or exposed,
22-2 at any meeting of the governing body of a county, municipality, or
22-3 special district or at any meeting of the state legislature. An
22-4 offense under this subsection is a Class A misdemeanor.
22-5 (f) A license holder commits an offense if the license
22-6 holder recklessly carries a handgun under the authority of this
22-7 article while consuming an alcoholic beverage, while consuming a
22-8 controlled substance or dangerous drug possessed in violation of
22-9 Chapter 481 or 483, Health and Safety Code, and its subsequent
22-10 amendments, or while intoxicated. An offense under this subsection
22-11 is a felony of the third degree.
22-12 (g) A license holder under this article who is licensed as a
22-13 security officer under the Private Investigators and Private
22-14 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
22-15 Statutes) and its subsequent amendments and employed as a security
22-16 officer commits an offense if, while in the course and scope of the
22-17 security officer's employment, the security officer violates a
22-18 provision of this article. An offense under this subsection is a
22-19 Class A misdemeanor.
22-20 (h) Any judgment of conviction entered by any court under
22-21 this section shall contain the handgun license number of the
22-22 convicted license holder. A certified copy of the judgment is
22-23 conclusive and sufficient evidence to justify revocation of a
22-24 license under Section 11(a)(4) of this article.
22-25 Sec. 14. LIMITATION OF LIABILITY. (a) A court may not hold
22-26 the state, an agency or subdivision of the state, an officer or
22-27 employee of the state, a peace officer, or a qualified handgun
23-1 instructor liable for damages caused by:
23-2 (1) an action authorized under this article or failure
23-3 to perform a duty imposed by this article; or
23-4 (2) the actions of an applicant or license holder that
23-5 occur after the applicant has received a license or been denied a
23-6 license under this article.
23-7 (b) A cause of action in damages may not be brought against
23-8 the state, an agency or subdivision of the state, an officer or
23-9 employee of the state, a peace officer, or a qualified handgun
23-10 instructor for any damage caused by the actions of an applicant or
23-11 licensee under this article.
23-12 (c) The department is not responsible for any injury or
23-13 damage inflicted on any person by an applicant or licensee arising
23-14 or alleged to have arisen from an action taken by the department
23-15 under this article.
23-16 Sec. 15. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
23-17 shall by rule establish minimum standards for handgun proficiency
23-18 and shall develop a course to teach handgun proficiency and
23-19 examinations to measure handgun proficiency. The course to teach
23-20 handgun proficiency must contain training sessions divided into two
23-21 parts. One part of the course must be classroom instruction and
23-22 the other part must be range instruction and an actual
23-23 demonstration by the applicant of the applicant's ability to safely
23-24 and proficiently use a handgun in a category for which the
23-25 applicant seeks certification. The department shall distribute the
23-26 standards, course requirements, and examinations on request to any
23-27 qualified handgun instructor.
24-1 (b) An applicant may seek certification for one or more
24-2 categories described by Section 5(f) of this article. To meet the
24-3 physical demonstration requirements for certification a person must
24-4 demonstrate the following applicable proficiency:
24-5 (1) for category SA1, an applicant must demonstrate
24-6 proficiency with a semi-automatic handgun of 9mm caliber or larger;
24-7 (2) for category SA2, an applicant must demonstrate
24-8 proficiency with a semi-automatic handgun of smaller than 9mm
24-9 caliber;
24-10 (3) for category R1, an applicant must demonstrate
24-11 proficiency with a revolver of .38 caliber or larger; or
24-12 (4) for category R2, an applicant must demonstrate
24-13 proficiency with a revolver of smaller than .38 caliber.
24-14 (c) A handgun proficiency course must be administered by a
24-15 qualified handgun instructor and must include at least 30 hours of
24-16 instruction on:
24-17 (1) the laws that relate to weapons and to the use of
24-18 deadly force;
24-19 (2) handgun use, proficiency, and safety;
24-20 (3) dispute resolution; and
24-21 (4) proper storage practices for handguns with an
24-22 emphasis on storage practices that eliminate the possibility of
24-23 accidental injury to a child.
24-24 (d) The department shall by rule develop a continuing
24-25 education course in handgun proficiency for a license holder who
24-26 wishes to renew a license. The continuing education course shall
24-27 be administered by a qualified handgun instructor and must include
25-1 at least four hours of instruction on the subjects listed in
25-2 Subsection (c) of this section.
25-3 (e) The proficiency examination to obtain or to renew a
25-4 license must be administered by a qualified handgun instructor and
25-5 must include:
25-6 (1) a written section on the subjects listed in
25-7 Subsection (c) of this section; and
25-8 (2) a physical demonstration of proficiency in the use
25-9 of one or more handguns of one or more categories as provided by
25-10 Subsection (b) of this section and in handgun safety procedures.
25-11 (f) The proficiency examination to modify a license must be
25-12 administered by a qualified handgun instructor and must include a
25-13 physical demonstration of the proficiency in the use of one or more
25-14 handguns of one or more categories as provided by Subsection (b) of
25-15 this section and in handgun safety procedures.
25-16 (g) The department shall develop and distribute directions
25-17 and materials for course instruction, test administration, and
25-18 recordkeeping. All test results shall be sent to the department,
25-19 and the department shall maintain a record of the results.
25-20 (h) A person who wishes to obtain or renew a license to
25-21 carry a concealed or an exposed handgun shall apply in person to a
25-22 qualified handgun instructor to take the appropriate course in
25-23 handgun proficiency, demonstrate handgun proficiency, and obtain a
25-24 handgun proficiency certificate as described by Section 16 of this
25-25 article.
25-26 (i) A license holder who wishes to modify a license to allow
25-27 the license holder to carry a handgun of a different category than
26-1 the license indicates shall apply in person to a qualified handgun
26-2 instructor to take the appropriate proficiency examination and
26-3 obtain a handgun proficiency certificate as described by Section 16
26-4 of this article.
26-5 (j) A certified firearms instructor of the department may
26-6 monitor any class or training presented by a qualified handgun
26-7 instructor. A qualified handgun instructor shall cooperate with
26-8 the department in the department's efforts to monitor the
26-9 presentation of training by the qualified handgun instructor. A
26-10 qualified handgun instructor shall make available for inspection to
26-11 the department any and all records maintained by a qualified
26-12 handgun instructor under this article. The qualified handgun
26-13 instructor shall keep a record of all certificates of handgun
26-14 proficiency issued by the qualified handgun instructor and other
26-15 information required by the department by rule. Instruction must
26-16 also be available in languages other than English upon request.
26-17 Sec. 16. HANDGUN PROFICIENCY CERTIFICATE. (a) The
26-18 department shall develop a sequentially numbered handgun
26-19 proficiency certificate and distribute the certificate to qualified
26-20 handgun instructors who administer the handgun proficiency
26-21 examination described in Section 15 of this article. The
26-22 department by rule may set a fee in an amount sufficient to cover
26-23 the costs of the certificates.
26-24 (b) If a person successfully completes the proficiency
26-25 requirements as described in Section 15 of this article, the
26-26 instructor shall endorse a certificate of handgun proficiency
26-27 provided by the department. An applicant must successfully
27-1 complete both classroom and range instruction to receive a
27-2 certificate. The certificate must indicate the category or
27-3 categories of handguns for which the applicant demonstrated
27-4 proficiency during the examination.
27-5 (c) A qualified handgun instructor may submit to the
27-6 department a written recommendation for disapproval of the
27-7 application for a license, renewal, or modification of a license,
27-8 accompanied by an affidavit stating personal knowledge or naming
27-9 persons with personal knowledge of facts that lead the instructor
27-10 to believe that an applicant is not qualified for handgun
27-11 proficiency certification despite the applicant's completion of the
27-12 proficiency requirements as described by Section 15 of this
27-13 article.
27-14 Sec. 17. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
27-15 by rule shall establish requirements for the certification of a
27-16 qualified handgun instructor. The department by rule may waive a
27-17 proficiency demonstration requirement for certification under this
27-18 section for a peace officer or a person who is employed by an
27-19 educational institution and who instructs peace officers in the use
27-20 of handguns.
27-21 (b) A qualified handgun instructor must be qualified to
27-22 instruct persons in:
27-23 (1) the laws that relate to weapons and to the use of
27-24 deadly force;
27-25 (2) handgun use, proficiency, and safety;
27-26 (3) dispute resolution; and
27-27 (4) proper storage practices for handguns, including
28-1 storage practices that eliminate the possibility of accidental
28-2 injury to a child.
28-3 (c) A qualified handgun instructor must possess a license
28-4 issued under this article to carry a concealed or an exposed
28-5 handgun.
28-6 (d) The department shall provide training to an individual
28-7 who applies for certification as a qualified handgun instructor.
28-8 An applicant shall pay a fee of $100 to the department for the
28-9 training. An applicant must take and successfully complete the
28-10 training offered by the department, pay the training fee, and
28-11 obtain a license to carry a concealed or an exposed handgun before
28-12 the department may certify the applicant as a qualified handgun
28-13 instructor. The department shall waive the requirements regarding
28-14 a handgun proficiency certification under Section 16 of this
28-15 article for an applicant for a license to carry a concealed or an
28-16 exposed handgun who takes and successfully completes training under
28-17 this subsection and pays the training fee. The department by rule
28-18 may prorate or waive the training fee for an employee of another
28-19 governmental entity.
28-20 (e) The certification of a qualified handgun instructor
28-21 expires on the first anniversary after the date of certification.
28-22 To renew a certification, the qualified handgun instructor must pay
28-23 a fee of $100 and take and successfully complete the retraining
28-24 courses required by rule of the department.
28-25 (f) After certification, a qualified handgun instructor may
28-26 conduct training for applicants for a license under this article.
28-27 (g) If the department revokes, suspends, or denies a license
29-1 to carry a concealed or an exposed handgun of a qualified handgun
29-2 instructor or an applicant for certification as a qualified handgun
29-3 instructor, the department shall take the same action against the
29-4 certification as a qualified handgun instructor.
29-5 Sec. 18. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
29-6 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
29-7 the review of a denial, revocation, or suspension of a license
29-8 under Section 6 of this article apply to the review of a denial,
29-9 revocation, or suspension of certification as a qualified handgun
29-10 instructor. The notice provisions of this article relating to
29-11 denial, revocation, or suspension of handgun licenses apply to the
29-12 proposed denial, revocation, or suspension of a certification of a
29-13 qualified handgun instructor or applicant therefor.
29-14 Sec. 19. CONFIDENTIALITY OF RECORDS. The department may
29-15 disclose whether or not an individual is licensed under this
29-16 article. All other records maintained under this article are
29-17 confidential and are not subject to mandatory disclosure under the
29-18 open records law, Chapter 424, Acts of the 63rd Legislature,
29-19 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
29-20 Statutes), and its subsequent amendments.
29-21 Sec. 20. RULES. The director shall adopt rules to
29-22 administer this article.
29-23 Sec. 21. FUNDS. The department shall forward the fees
29-24 collected under this article to the comptroller of public accounts.
29-25 The comptroller shall deposit the fees to the credit of an account
29-26 in the general revenue fund to be known as the concealed or exposed
29-27 handgun license account. The legislature may appropriate funds
30-1 from the account only for the purpose of paying the costs of the
30-2 department in implementing this article. At the end of each fiscal
30-3 year, the comptroller shall transfer 95 percent of the excess funds
30-4 in the account to the general revenue fund. The legislature may
30-5 appropriate the remaining five percent of the excess funds only to
30-6 the department for the purpose of providing handgun safety or safe
30-7 storage classes to the public and advertising the classes to the
30-8 public.
30-9 Sec. 22. APPLICATION TO PEACE OFFICERS. Except as provided
30-10 by Section 26 of this article, the provisions of this article
30-11 relating to the carrying of concealed or exposed weapons do not
30-12 apply to a peace officer, unless the peace officer applies to be
30-13 certified as a qualified handgun instructor.
30-14 Sec. 23. NOTICE. (a) For the purpose of a notice required
30-15 by this article, the department may assume that the address
30-16 currently reported to the department by the applicant or license
30-17 holder is the correct address.
30-18 (b) A written notice meets the requirements under this
30-19 article if the notice is sent by certified mail to the current
30-20 address reported by the applicant or license holder to the
30-21 department.
30-22 (c) If a notice is returned to the department because the
30-23 notice is not deliverable, the department may give notice by
30-24 publication once in a newspaper of general interest in the county
30-25 of the applicant's or license holder's last reported address. On
30-26 the 31st day after the date the notice is published, the department
30-27 may take the action proposed in the notice.
31-1 Sec. 24. METHOD OF PAYMENT. A person may pay a fee required
31-2 by this article only by cashier's check, money order made payable
31-3 to the "Texas Department of Public Safety," or any other method
31-4 approved by the department. A fee received by the department under
31-5 this article is nonrefundable.
31-6 Sec. 25. LICENSE A BENEFIT. The issuance of a license under
31-7 this article is a benefit to the license holder for purposes of
31-8 those sections of the Penal Code to which the definition of
31-9 "benefit" under Section 1.07, Penal Code, and its subsequent
31-10 amendments apply.
31-11 Sec. 26. HONORABLY RETIRED PEACE OFFICERS. (a) On
31-12 retirement, a person who is licensed as a peace officer under
31-13 Chapter 415, Government Code, and its subsequent amendments, and
31-14 who has been employed full-time as a peace officer by a law
31-15 enforcement agency may apply under this section for an original
31-16 license to carry a concealed or an exposed handgun. Sections 2 and
31-17 3 of this article do not apply to an applicant for an original
31-18 license issued under this section.
31-19 (b) An application under this section must be made not later
31-20 than the 90th day after the date of retirement.
31-21 (c) An applicant under this section must submit two complete
31-22 sets of legible and classifiable fingerprints and a sworn statement
31-23 from the head of the law enforcement agency employing the
31-24 applicant. The statement must include:
31-25 (1) the name and rank of the applicant;
31-26 (2) the status of the applicant before retirement;
31-27 (3) whether or not the applicant was accused of
32-1 misconduct at the time of the retirement;
32-2 (4) the physical and mental condition of the
32-3 applicant;
32-4 (5) the type of weapons the applicant had demonstrated
32-5 proficiency with during the last year of employment;
32-6 (6) whether the applicant would be eligible for
32-7 reemployment with the agency, and if not, the reasons the applicant
32-8 is not eligible; and
32-9 (7) a recommendation from the agency head regarding
32-10 the issuance of a license under this article.
32-11 (d) An applicant under this section is eligible for a
32-12 license under this article if the applicant is honorably retired
32-13 and physically and emotionally fit to possess a handgun. In this
32-14 subsection, "honorably retired" means the applicant:
32-15 (1) did not retire in lieu of any disciplinary action;
32-16 (2) was employed as a full-time peace officer for not
32-17 less than 10 years by one agency; and
32-18 (3) is entitled to receive a pension or annuity for
32-19 service as a law enforcement officer.
32-20 (e) An applicant under this section must pay a fee of $25 to
32-21 the department for a license issued under this article. The
32-22 department may issue a license to carry concealed or exposed
32-23 handguns only of the category or categories of handguns for which
32-24 the applicant demonstrated proficiency during the last year of
32-25 employment.
32-26 (f) If the applicant fails to qualify for a license under
32-27 this section, the department, not later than the 90th day after the
33-1 date of receipt of the completed application, shall notify the
33-2 applicant in writing and state the reasons for the denial. The
33-3 applicant may appeal the denial as provided by Section 6 of this
33-4 article.
33-5 (g) A license holder who obtains a license under this
33-6 section may modify or renew the license as provided by Section 9 or
33-7 10 of this article.
33-8 Sec. 27. APPLICATION TO LICENSED SECURITY OFFICERS. This
33-9 article does not exempt a license holder who is also employed as a
33-10 security officer and licensed under the Private Investigators and
33-11 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
33-12 Civil Statutes) from the duty to comply with the provisions of that
33-13 Act or Section 46.02, Penal Code, and its subsequent amendments.
33-14 Sec. 28. CONTROLLED SUBSTANCE ABUSE TEST. (a) If the
33-15 director notifies an applicant for a license to carry a concealed
33-16 or an exposed handgun or a license holder in writing, the director
33-17 may require the applicant or license holder to take a controlled
33-18 substance abuse test within 24 hours after the notice is received.
33-19 If an applicant fails to submit a negative test result of the
33-20 controlled substance abuse test to the director in accordance with
33-21 this section, the director shall deny the application. If a
33-22 license holder fails to submit a negative test result of the
33-23 controlled substance abuse test to the director in accordance with
33-24 this section, the director shall revoke the holder's license under
33-25 Section 11 of this article.
33-26 (b) The evidence of a negative test result of a controlled
33-27 substance abuse test required by this section must be from:
34-1 (1) the department's laboratory; or
34-2 (2) a laboratory accredited for drug testing by the
34-3 National Institute on Drug Abuse.
34-4 (c) An applicant or license holder shall bear the cost of
34-5 the controlled substance abuse test required by this section.
34-6 (d) The department shall:
34-7 (1) establish by rule a fee, which may not exceed the
34-8 department's actual costs, for controlled substance abuse tests
34-9 administered by the department's laboratory; and
34-10 (2) adopt other rules and develop forms necessary for
34-11 the administration of this section.
34-12 (e) In this section:
34-13 (1) "Controlled substance" has the meaning assigned by
34-14 Section 481.002, Health and Safety Code.
34-15 (2) "Controlled substance abuse test" means a test
34-16 procedure designed to take and analyze body fluids or materials
34-17 from the body for the purpose of detecting the presence of
34-18 controlled substances.
34-19 (3) "Negative test result" means a test result that
34-20 indicates that a controlled substance is not present in the tested
34-21 sample.
34-22 Sec. 29. HEARING ON ABILITY TO PAY FEES. (a) An applicant
34-23 for a license or the modification or renewal of a license under
34-24 this article may request a hearing conducted by the State Office of
34-25 Administrative Hearings to determine whether the applicant has the
34-26 ability to pay the fee required for the license under Section
34-27 3(a)(6) of this article or for the modification or renewal of the
35-1 license under Section 9(a)(3) or 10(a)(3) of this article.
35-2 (b) A hearing examiner shall determine whether the applicant
35-3 has the ability to pay the fee and recommend the amount of the fee,
35-4 if any, the applicant is able to pay. The department shall charge
35-5 the applicant the amount of the fee recommended by the hearing
35-6 examiner.
35-7 (c) The determination of a hearing examiner under this
35-8 section of an applicant's ability to pay a fee is final.
35-9 SECTION 2. Section 37.01(1), Penal Code, is amended to read
35-10 as follows:
35-11 (1) "Governmental record" means:
35-12 (A) anything belonging to, received by, or kept
35-13 by government for information, including an application for a
35-14 license to carry a concealed or an exposed handgun under Article
35-15 4413(29ee), Revised Statutes;
35-16 (B) anything required by law to be kept by
35-17 others for information of government; or
35-18 (C) a license, certificate, permit, seal, title,
35-19 or similar document issued by government, including a license to
35-20 carry a concealed or an exposed handgun issued under Article
35-21 4413(29ee), Revised Statutes.
35-22 SECTION 3. Section 46.03(a), Penal Code, is amended to read
35-23 as follows:
35-24 (a) The provisions of Section 46.02 of this code do not
35-25 apply to a person:
35-26 (1) in the actual discharge of his official duties as
35-27 a member of the armed forces or state military forces as defined by
36-1 Section 431.001, Government Code, or as a guard employed by a penal
36-2 institution;
36-3 (2) on his own premises or premises under his control
36-4 unless he is an employee or agent of the owner of the premises and
36-5 his primary responsibility is to act in the capacity of a security
36-6 guard to protect persons or property, in which event he must comply
36-7 with Subdivision (5) of this subsection;
36-8 (3) traveling;
36-9 (4) engaging in lawful hunting, fishing, or other
36-10 sporting activity if the weapon is a type commonly used in the
36-11 activity;
36-12 (5) who holds a security officer commission issued by
36-13 the Texas Board of Private Investigators and Private Security
36-14 Agencies, if:
36-15 (A) he is engaged in the performance of his
36-16 duties as a security officer or traveling to and from his place of
36-17 assignment;
36-18 (B) he is wearing a distinctive uniform; and
36-19 (C) the weapon is in plain view; <or>
36-20 (6) who is a peace officer, other than a person
36-21 commissioned by the Texas State Board of Pharmacy; or
36-22 (7) carrying a concealed or an exposed handgun and a
36-23 valid license issued under Article 4413(29ee), Revised Statutes, to
36-24 carry a concealed or an exposed handgun of the same caliber and
36-25 action as the handgun the person is carrying.
36-26 SECTION 4. Section 51.14, Family Code, is amended by
36-27 amending Subsection (a) and adding Subsection (g) to read as
37-1 follows:
37-2 (a) Except as provided by Subsections <Subsection> (e) and
37-3 (g) of this section, all files and records of a juvenile court, a
37-4 clerk of court, or a prosecuting attorney relating to a child who
37-5 is a party to a proceeding under this title are open to inspection
37-6 only by:
37-7 (1) the judge, probation officers, and professional
37-8 staff or consultants of the juvenile court;
37-9 (2) an attorney for a party to the proceeding;
37-10 (3) a public or private agency or institution
37-11 providing supervision of the child by arrangement of the juvenile
37-12 court, or having custody of the child under juvenile court order;
37-13 or
37-14 (4) with leave of juvenile court, any other person,
37-15 agency, or institution having a legitimate interest in the
37-16 proceeding or in the work of the court.
37-17 (g) For the purpose of investigating an applicant for a
37-18 license to carry a concealed or an exposed handgun under Article
37-19 4413(29ee), Revised Statutes, the Department of Public Safety may
37-20 obtain the applicant's record of adjudication of delinquent conduct
37-21 by submitting a request for the record to the juvenile court. The
37-22 court shall certify a copy of the record and issue the record to
37-23 the department.
37-24 SECTION 5. Section 51.16, Family Code, is amended by
37-25 amending Subsections (f) and (h) and adding Subsection (m) to read
37-26 as follows:
37-27 (f) Except as provided by Subsection (m) of this section,
38-1 inspection <Inspection> of the sealed files and records may be
38-2 permitted thereafter by an order of the juvenile court on the
38-3 petition of the person who is the subject of the files or records
38-4 and only by those persons named in the order.
38-5 (h) A person whose files and records have been sealed under
38-6 this Act is not required in any proceeding or in any application
38-7 for employment, information, or licensing other than licensing
38-8 under Article 4413(29ee), Revised Statutes, to state that he has
38-9 been the subject of a proceeding under this Act; and any statement
38-10 that he has never been found to be a delinquent child shall never
38-11 be held against the person in any criminal or civil proceeding.
38-12 (m) The juvenile court shall permit the inspection by the
38-13 Department of Public Safety of the sealed files and records of a
38-14 person who applies for a license to carry a concealed or an exposed
38-15 handgun under Article 4413(29ee), Revised Statutes.
38-16 SECTION 6. (a) Except as provided by Subsection (i) of this
38-17 section, this Act takes effect January 1, 1994, but only if the
38-18 voters approve the issuance by the state of licenses to carry
38-19 concealed or exposed handguns as provided by this section. If the
38-20 voters do not approve the issuance by the state of licenses to
38-21 carry concealed or exposed handguns as provided by this section,
38-22 this Act has no effect.
38-23 (b) At a general election to be held on November 2, 1993,
38-24 the voters shall be permitted to vote in a referendum on the
38-25 question of whether the state should issue licenses to carry
38-26 concealed or exposed handguns.
38-27 (c) The ballot shall be printed to provide for voting for or
39-1 against the proposition: "Authorizing the issuance by the state of
39-2 licenses to carry concealed or exposed handguns."
39-3 (d) The proposition shall be printed on the ballot beneath
39-4 any proposed constitutional amendments under the heading:
39-5 "Referendum Proposition."
39-6 (e) Notice of the election shall be given by inclusion of
39-7 the proposition in the proclamation by the governor ordering the
39-8 election on the proposed amendments to the state constitution, if
39-9 any, and in the notice of that election given by each county judge.
39-10 If proposed amendments to the state constitution are not to be
39-11 voted on in conjunction with the referendum, notice of the election
39-12 shall be given and the election shall be held in the manner
39-13 applicable to a constitutional amendment election.
39-14 (f) The secretary of state shall prepare a brief explanatory
39-15 statement of the nature of the referendum proposition and submit
39-16 the statement to the attorney general for approval. The secretary
39-17 of state shall publish the approved explanatory statement, together
39-18 with the date of the election and the wording of the ballot
39-19 proposition as provided by Subsection (c) of this section, twice in
39-20 each newspaper in this state that meets the requirements prescribed
39-21 by law for the publication of official notices of officers and
39-22 departments of the state government. The first notice must be
39-23 published not more than 60 days nor less than 50 days before
39-24 November 2, 1993, and the second notice must be published on the
39-25 same day in the succeeding week. Subchapter B, Chapter 274,
39-26 Election Code, applies to the publication of the notice required by
39-27 this subsection.
40-1 (g) Returns of the votes cast on the proposition shall be
40-2 made and canvassed in the same manner as the returns on proposed
40-3 constitutional amendments.
40-4 (h) Immediately after the results of the election are
40-5 certified by the governor, the secretary of state shall transmit a
40-6 copy of the certification to the lieutenant governor and the
40-7 speaker of the house of representatives.
40-8 (i) If the voters approve the issuance by the state of
40-9 licenses to carry concealed or exposed handguns as provided by this
40-10 section and this Act takes effect, a license issued under this Act
40-11 before April 1, 1994, is not effective until April 1, 1994. A
40-12 license issued before April 1, 1994, shall be clearly marked to
40-13 reflect the date on which it becomes effective, and the director of
40-14 the Department of Public Safety shall inform each recipient of a
40-15 license before that date that the license is not effective until
40-16 that date.
40-17 (j) Notwithstanding Section 8(a), Article 4413(29ee),
40-18 Revised Statutes, as added by this Act, the Department of Public
40-19 Safety by rule may adopt a system to implement staggered and evenly
40-20 distributed license expiration dates over the four-year period
40-21 beginning April 1, 1994. The department may not issue a license
40-22 that is effective for less than two years. A license that is
40-23 effective for less than four years and is renewed expires as
40-24 provided by Section 8(b), Article 4413(29ee), Revised Statutes, as
40-25 added by this Act. Notwithstanding Section 3(a)(6), Article
40-26 4413(29ee), Revised Statutes, as added by this Act, the department
40-27 by rule shall prorate the nonrefundable application and license fee
41-1 for applicants who receive licenses that are effective for less
41-2 than four years under this subsection.
41-3 SECTION 7. An offense committed before April 1, 1994, is
41-4 covered by the law in effect when the offense is committed, and the
41-5 former law is continued in effect for this purpose.
41-6 SECTION 8. The importance of this legislation and the
41-7 crowded condition of the calendars in both houses create an
41-8 emergency and an imperative public necessity that the
41-9 constitutional rule requiring bills to be read on three several
41-10 days in each house be suspended, and this rule is hereby suspended.