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.