73R7356 NSC-D
          By Wilson, Carter, et al.                             H.B. No. 1776
          Substitute the following for H.B. No. 1776:
          By Yost                                           C.S.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 concealed handgun;
    1-3  requiring of an applicant for the license a handgun proficiency and
    1-4  safety training course and a criminal background check; providing
    1-5  penalties.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Title 70, Revised Statutes, is amended by adding
    1-8  Article 4413(29ee) to read as follows:
    1-9        Art. 4413(29ee).  LICENSE TO CARRY A CONCEALED HANDGUN
   1-10        Sec. 1.  DEFINITIONS.  In this article:
   1-11              (1)  "Action" means revolver or semi-automatic action.
   1-12              (2)  "Alcoholic beverage" has the meaning assigned by
   1-13  Section 1.04, Alcoholic Beverage Code, and its subsequent
   1-14  amendments.
   1-15              (3)  "Chemically dependent person" means a person who
   1-16  frequently or repeatedly becomes intoxicated by excessive
   1-17  indulgence in alcohol or uses controlled substances or dangerous
   1-18  drugs so as to acquire a fixed habit and an involuntary tendency to
   1-19  become intoxicated or use those substances as often as the
   1-20  opportunity is presented.
   1-21              (4)  "Concealed handgun" means a handgun, the presence
   1-22  of which is not openly discernible to the ordinary observation of a
   1-23  reasonable person.
   1-24              (5)  "Controlled substance" has the meaning assigned by
    2-1  Section 481.002, Health and Safety Code, and its subsequent
    2-2  amendments.
    2-3              (6)  "Convicted" means an adjudication of guilt or an
    2-4  order of deferred adjudication entered against a person by a court
    2-5  of competent jurisdiction whether or not:
    2-6                    (A)  the sentence is subsequently probated and
    2-7  the person is discharged from probation; or
    2-8                    (B)  the person is pardoned for the offense,
    2-9  unless the pardon is expressly granted for subsequent proof of
   2-10  innocence.
   2-11              (7)  "Dangerous drug" has the meaning assigned by
   2-12  Section 483.001, Health and Safety Code, and its subsequent
   2-13  amendments.
   2-14              (8)  "Department" means the Department of Public
   2-15  Safety, including employees of the department.
   2-16              (9)  "Director" means the director of the Department of
   2-17  Public Safety or the director's designee.
   2-18              (10)  "Handgun" has the meaning assigned by Section
   2-19  46.01, Penal Code, and its subsequent amendments.
   2-20              (11)  "Intoxicated" has the meaning assigned by Section
   2-21  (a)(2), Article 6701l-1, Revised Statutes, and its subsequent
   2-22  amendments.
   2-23              (12)  "Qualified handgun instructor" means a person who
   2-24  is certified to instruct in the use of handguns by the department.
   2-25              (13)  "Unsound mind" means the mental condition of a
   2-26  person who:
   2-27                    (A)  has been adjudicated mentally incompetent,
    3-1  mentally ill, or not guilty of a criminal offense by reason of
    3-2  insanity; or
    3-3                    (B)  has been diagnosed by a licensed physician,
    3-4  psychologist, professional counselor, or marriage and family
    3-5  therapist as being characterized by a mental disorder or infirmity
    3-6  that renders the person incapable of managing the person's self or
    3-7  the person's affairs, unless the person furnishes a certificate
    3-8  from a licensed physician, psychologist, professional counselor, or
    3-9  marriage and family therapist stating that the person is no longer
   3-10  disabled.
   3-11        Sec. 2.  ELIGIBILITY.  (a)  A person is eligible for a
   3-12  license to carry a concealed handgun if the person:
   3-13              (1)  is a resident of this state for the six-month
   3-14  period preceding the date of application under this article;
   3-15              (2)  is at least 21 years of age;
   3-16              (3)  has not been convicted of a felony or adjudicated
   3-17  as having engaged in delinquent conduct under Title 3, Family Code,
   3-18  that violated a penal law of the grade of felony;
   3-19              (4)  is not charged with the commission of a Class A or
   3-20  Class B misdemeanor or of a felony under an information or
   3-21  indictment;
   3-22              (5)  is not a fugitive from justice for a felony or a
   3-23  Class A or Class B misdemeanor;
   3-24              (6)  is not a chemically dependent person;
   3-25              (7)  is not a person of unsound mind; and
   3-26              (8)  has not, in the five years preceding the date of
   3-27  application, been convicted of a Class A or Class B misdemeanor.
    4-1        (b)  For the purposes of this section, an offense under the
    4-2  laws of this state, another state, or the United States is:
    4-3              (1)  a felony if confinement for one year or more in a
    4-4  penitentiary is affixed to the offense as a possible punishment;
    4-5  and
    4-6              (2)  a Class A misdemeanor if the offense is not a
    4-7  felony and confinement in a jail is affixed as a possible
    4-8  punishment.
    4-9        Sec. 3.  APPLICATION.  (a)  An applicant for a license to
   4-10  carry a concealed handgun must submit to the director's designee
   4-11  described by Section 4 of this article:
   4-12              (1)  a completed application on a form provided by the
   4-13  department that requires only the information listed in Subsection
   4-14  (b) of this section;
   4-15              (2)  two recent color passport photographs of the
   4-16  applicant;
   4-17              (3)  a certified copy of the applicant's birth
   4-18  certificate or certified proof of age;
   4-19              (4)  proof of residency in this state;
   4-20              (5)  two complete sets of legible and classifiable
   4-21  fingerprints of the applicant taken by a law enforcement agency on
   4-22  a form approved by the department;
   4-23              (6)  a nonrefundable application and license fee of
   4-24  $140 paid to the department;
   4-25              (7)  a handgun proficiency certificate described by
   4-26  Section 16 of this article;
   4-27              (8)  an affidavit signed by the applicant stating that
    5-1  the applicant:
    5-2                    (A)  has read and understands each provision of
    5-3  this article that creates an offense under the laws of this state
    5-4  and each provision of the laws of this state related to use of
    5-5  deadly force; and
    5-6                    (B)  fulfills all the eligibility requirements
    5-7  listed under Section 2 of this article; and
    5-8              (9)  a form executed by the applicant that waives
    5-9  confidentiality provided by the Freedom of Information Act (5
   5-10  U.S.C. Section 552) and its subsequent amendments, the Right of
   5-11  Privacy Act (5 U.S.C. Section 552a) and its subsequent amendments,
   5-12  or other law and authorizes any law enforcement agency or the
   5-13  director's designee to make an inquiry into any records, including
   5-14  medical records, and records regarding the mental health of the
   5-15  applicant that are considered necessary by the director's designee
   5-16  to determine the applicant's eligibility for a license.
   5-17        (b)  An applicant must provide on the application a statement
   5-18  of the applicant's:
   5-19              (1)  full name and place and date of birth;
   5-20              (2)  race and sex;
   5-21              (3)  residence and business addresses for the preceding
   5-22  five years;
   5-23              (4)  hair and eye color;
   5-24              (5)  height and weight;
   5-25              (6)  driver's license number or identification
   5-26  certificate number issued by the department;
   5-27              (7)  criminal history, including:
    6-1                    (A)  a list of offenses for which the applicant
    6-2  was arrested, charged, or under an information or indictment and
    6-3  the disposition of the offenses; and
    6-4                    (B)  a description of allegations under Title 3,
    6-5  Family Code, of delinquent conduct that violated a penal law of the
    6-6  grade of a felony and for which the applicant was taken into
    6-7  custody or referred to a juvenile court and the disposition of the
    6-8  case; and
    6-9              (8)  history during the preceding five years, if any,
   6-10  of  treatment for a psychological disorder or commitment to or
   6-11  residence in a psychiatric hospital or a drug or alcohol treatment
   6-12  center licensed to provide drug or alcohol treatment under the laws
   6-13  of this state or another state.
   6-14        (c)  The department shall distribute on request a copy of
   6-15  this article and application materials.  The application must
   6-16  contain a conspicuous notice that states that the application is a
   6-17  government record and falsification of the application is an
   6-18  offense.
   6-19        Sec. 4.  RECEIPT OF APPLICATION MATERIALS.  (a)  A person
   6-20  applying for a license to carry a concealed handgun must apply in
   6-21  person and display a driver's license or identification certificate
   6-22  issued by the department to the director's designee in the county
   6-23  in which the applicant resides.
   6-24        (b)  The director's designee may not accept an application
   6-25  unless all items listed in Section 3(a) of this article are
   6-26  submitted.  The director's designee shall accept an application
   6-27  that contains all necessary information and supporting documents.
    7-1  If all required items are submitted, the director's designee shall
    7-2  give the applicant a receipt for the completed application
    7-3  materials endorsed with the date of submission.
    7-4        (c)  Not later than the 30th day after the date the
    7-5  director's designee receives the completed application materials,
    7-6  the director's designee shall forward the materials to the
    7-7  appropriate division of the department at the department's Austin
    7-8  headquarters.
    7-9        (d)  The director's designee shall conduct a criminal history
   7-10  records check of the applicant and an investigation of the
   7-11  applicant's local official records to verify the accuracy of the
   7-12  application materials.  The scope and duration of the records check
   7-13  and investigation are at the sole discretion of the department.
   7-14  The director's designee shall submit the results to the appropriate
   7-15  division of the department at the department's Austin headquarters
   7-16  with the application  materials.  The director's designee also may
   7-17  submit to the appropriate division of the department at the
   7-18  department's Austin headquarters a written recommendation for
   7-19  disapproval of the application, accompanied by an affidavit stating
   7-20  personal knowledge or naming persons with personal knowledge of a
   7-21  ground for denial under Section 2 of this article.
   7-22        Sec. 5.  LICENSE.  (a)  The department may issue a license to
   7-23  carry a concealed handgun to an applicant if the applicant meets
   7-24  all the eligibility requirements and submits all the application
   7-25  materials.  The department may issue a license to carry handguns
   7-26  only of the category or categories of handguns indicated on the
   7-27  applicant's certificate of proficiency issued under Section 16 of
    8-1  this article.  The department shall administer the licensing
    8-2  procedures in good faith so that any applicant who meets all the
    8-3  eligibility requirements and submits all the application materials
    8-4  shall receive a license.  The department may not deny an
    8-5  application on the basis of a capricious or arbitrary decision by
    8-6  the department.
    8-7        (b)  The department, not later than the 90th day after the
    8-8  date of the receipt by the director's designee of the completed
    8-9  application materials, shall:
   8-10              (1)  issue the license; or
   8-11              (2)  notify the applicant in writing that the
   8-12  application was denied:
   8-13                    (A)  on the grounds that the applicant failed to
   8-14  qualify under the criteria listed in Section 2 of this article;
   8-15                    (B)  based on the affidavit of the director's
   8-16  designee submitted to the department under Section 4(d) of this
   8-17  article; or
   8-18                    (C)  based on the affidavit of the qualified
   8-19  handgun instructor submitted to the department under Section 16(c)
   8-20  of this article.
   8-21        (c)  If the department issues a license, the department shall
   8-22  notify the sheriff of the county in which the license holder
   8-23  resides that a license has been issued to the license holder.  On
   8-24  request of a local law enforcement agency, the department shall
   8-25  notify the agency of the licenses that have been issued to license
   8-26  holders who reside in the county in which the agency is located.
   8-27        (d)  A license issued under this article is effective from
    9-1  the date of issuance.
    9-2        (e)  The department, by rule, shall adopt the form of the
    9-3  license.  A license must include:
    9-4              (1)  a number assigned to the license holder by the
    9-5  department;
    9-6              (2)  a statement of the period for which the license is
    9-7  effective;
    9-8              (3)  a statement of the category or categories of
    9-9  handguns the license holder may carry as provided by Subsection (f)
   9-10  of this section;
   9-11              (4)  a color photograph of the license holder; and
   9-12              (5)  the license holder's full name, date of birth,
   9-13  residence address, hair and eye color, height, weight, signature,
   9-14  and the number of a driver's license or an identification
   9-15  certificate issued to the license holder by the department.
   9-16        (f)  A category of handguns contains handguns of certain
   9-17  calibers and actions.  The categories of handguns are as follows:
   9-18              (1)  SA1:  semi-automatic handguns of any caliber;
   9-19              (2)  SA2:  semi-automatic handguns that are smaller
   9-20  than 9mm caliber;
   9-21              (3)  R1:  revolvers of any caliber; and
   9-22              (4)  R2:  revolvers that are smaller than .38 caliber.
   9-23        (g)  On a demand by a magistrate, an officer of a court of
   9-24  competent jurisdiction, or a peace officer that a license holder
   9-25  display the license holder's handgun license, the license holder
   9-26  shall display both the license and the license holder's driver's
   9-27  license or identification certificate issued by the department.
   10-1        (h)  If a license holder is carrying a handgun on or about
   10-2  the license holder's person when a magistrate, an officer of a
   10-3  court of competent jurisdiction, or a peace officer demands that
   10-4  the license holder display identification, the license holder shall
   10-5  display both the license holder's driver's license or
   10-6  identification certificate issued by the department and the license
   10-7  holder's handgun license.
   10-8        (i)  A person commits an offense if the person fails or
   10-9  refuses to display the license and identification as required by
  10-10  Subsection (g) or (h) of this section.  An offense under this
  10-11  subsection is a Class C misdemeanor.
  10-12        Sec. 6.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
  10-13  LICENSE.  (a)  Not later than the 30th day after the date of
  10-14  receipt of a written notice of denial, revocation, or suspension of
  10-15  a license, the applicant or license holder may petition a justice
  10-16  court in the county in which the applicant or license holder
  10-17  resides for a hearing to review the denial, revocation, or
  10-18  suspension.  In a proceeding under this section, a justice of the
  10-19  peace shall act as an administrative hearing officer.  A hearing
  10-20  under this section is not subject to the Administrative Procedure
  10-21  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  10-22  Statutes).  The department may be represented by a district or
  10-23  county attorney, the attorney general, or a designated member of
  10-24  the department.
  10-25        (b)  The justice of the peace shall send a copy of the
  10-26  petition to the appropriate division of the department at its
  10-27  Austin headquarters by certified mail with notice of a hearing
   11-1  date.  The hearing must be held not later than the 30th day after
   11-2  the petition was filed.  The hearing may not be held unless the
   11-3  department receives the notice of the hearing not later than the
   11-4  10th day before the date of the hearing.
   11-5        (c)  The justice court shall determine if the denial,
   11-6  revocation, or suspension is supported by a preponderance of the
   11-7  evidence.  Both the applicant or license holder and the department
   11-8  may present evidence.  The court shall affirm the denial,
   11-9  revocation, or suspension if the court determines that denial,
  11-10  revocation, or suspension was supported by a preponderance of the
  11-11  evidence.  If the court determines that the denial, revocation, or
  11-12  suspension was not supported by a preponderance of the evidence,
  11-13  the court shall order the department to immediately issue or return
  11-14  the license to the applicant or license holder.
  11-15        (d)  A proceeding under this section is subject to Chapter
  11-16  105, Civil Practice and Remedies Code, and its subsequent
  11-17  amendments relating to fees, expenses, and attorney's fees.
  11-18        (e)  A party adversely affected by the court's ruling
  11-19  following a hearing under this section may appeal the ruling by
  11-20  filing within 30 days after the ruling a petition in a county court
  11-21  at law in the county in which the applicant or license holder
  11-22  resides or, if there is no county court at law in the county, in
  11-23  the county court of the county.  A person who appeals under this
  11-24  section must send by certified mail a copy of the person's
  11-25  petition, certified by the clerk of the court in which the petition
  11-26  is filed, to the appropriate division of the department at its
  11-27  Austin headquarters.  The trial on appeal shall be a trial de novo
   12-1  without a jury.  The department may be represented by a district or
   12-2  county attorney or the attorney general.
   12-3        (f)  A suspension of a license may not be probated.
   12-4        (g)  If an applicant or a license holder does not petition
   12-5  the justice court, a denial becomes final and a revocation or
   12-6  suspension takes effect on the 30th day after receipt of written
   12-7  notice.
   12-8        Sec. 7.  NOTICE OF CHANGE OF ADDRESS OR NAME.  (a)  If a
   12-9  person, after applying for or receiving a license, moves from the
  12-10  address stated in the application or on the license or if the name
  12-11  of the person is changed by marriage or otherwise, the person
  12-12  shall, not later than the 30th day after the date of the address or
  12-13  name change, notify the department and provide the department with
  12-14  the number of the person's license if a license has been issued and
  12-15  the person's:
  12-16              (1)  former and new addresses; or
  12-17              (2)  former and new names.
  12-18        (b)  If the name of the license holder is changed by marriage
  12-19  or otherwise, the person shall apply for a duplicate license.
  12-20        (c)  If a license holder moved from the address on the
  12-21  license, the person shall apply for a duplicate license.
  12-22        (d)  The department shall charge a license holder a fee of
  12-23  $25 for a duplicate license.
  12-24        (e)  The department shall make the forms available on
  12-25  request.
  12-26        (f)  The department shall notify the sheriff of the county in
  12-27  which a license holder resides of a change made under Subsection
   13-1  (a) of this section by the license holder.  On request of a local
   13-2  law enforcement agency, the department shall notify the agency of
   13-3  changes made under Subsection (a) of this section by license
   13-4  holders who reside in the county in which the agency is located.
   13-5        (g)  If a license is lost, stolen, or destroyed, the license
   13-6  holder shall apply for a duplicate license not later than the 30th
   13-7  day after the date of the loss, theft, or destruction of the
   13-8  license.
   13-9        (h)  If a license holder is required under this section to
  13-10  apply for a duplicate license and the license expires not later
  13-11  than the 60th day after the date of the loss, theft, or destruction
  13-12  of the license, the applicant may renew the license with the
  13-13  modified information included on the new license.  The applicant
  13-14  shall pay only the nonrefundable renewal fee.
  13-15        Sec. 8.  EXPIRATION.  (a)  A license issued under this
  13-16  article expires on the first birthday of the license holder
  13-17  occurring after the fourth anniversary of the date of issuance.
  13-18        (b)  A renewed license expires on the license holder's
  13-19  birthdate, four years after the date of the expiration of the
  13-20  previous license.
  13-21        (c)  A duplicate license expires on the date the license that
  13-22  was duplicated would have expired.
  13-23        (d)  A modified license expires on the date the license that
  13-24  was modified would have expired.
  13-25        Sec. 9.  MODIFICATION.  (a)  To modify a license to allow a
  13-26  license holder to carry a handgun of a different category than the
  13-27  license indicates, the license holder must:
   14-1              (1)  complete a proficiency examination as provided by
   14-2  Section 15(d) of this article;
   14-3              (2)  obtain a handgun proficiency certificate under
   14-4  Section 16 of this article not more than six months before the date
   14-5  of application for a modified license; and
   14-6              (3)  submit to the department:
   14-7                    (A)  an application for a modified license on a
   14-8  form provided by the department;
   14-9                    (B)  a copy of the handgun proficiency
  14-10  certificate;
  14-11                    (C)  payment of a modified license fee of $25;
  14-12  and
  14-13                    (D)  two recent color passport photographs of the
  14-14  license holder.
  14-15        (b)  The director by rule shall adopt a modified license
  14-16  application form requiring an update of the information on the
  14-17  original completed application.
  14-18        (c)  The department may modify the license of a license
  14-19  holder who meets all the eligibility requirements and submits all
  14-20  the modification materials.  Not later than the 45th day after
  14-21  receipt of the modification materials, the department shall issue
  14-22  the modified license or notify the license holder in writing that
  14-23  the modified license application was denied.
  14-24        (d)  On receipt of a modified license, the license holder
  14-25  shall return the previously issued license to the department.
  14-26        Sec. 10.  RENEWAL.  (a)  To renew a license, a license holder
  14-27  must:
   15-1              (1)  complete a continuing education course for handgun
   15-2  proficiency under Section 15(d) of this article not more than six
   15-3  months before the date of application for renewal;
   15-4              (2)  obtain a handgun proficiency certificate under
   15-5  Section 16 of this article not more than six months before the date
   15-6  of application for renewal; and
   15-7              (3)  submit to the department:
   15-8                    (A)  an application for renewal on a form
   15-9  provided by the department;
  15-10                    (B)  a copy of the handgun proficiency
  15-11  certificate;
  15-12                    (C)  payment of a nonrefundable renewal fee as
  15-13  set by the department; and
  15-14                    (D)  two recent color passport photographs of the
  15-15  applicant.
  15-16        (b)  The director by rule shall adopt a renewal application
  15-17  form requiring an update of the information on the original
  15-18  completed application.  The director by rule shall set the renewal
  15-19  fee in an amount that is sufficient to cover the actual cost to the
  15-20  department to renew a license.  Not later than the 60th day before
  15-21  the expiration date of the license, the department shall mail to
  15-22  each license holder a written notice of the expiration of the
  15-23  license and a renewal form.
  15-24        (c)  The department may renew the license of a license holder
  15-25  who meets all the eligibility requirements and submits all the
  15-26  renewal materials.  Not later than the 45th day after receipt of
  15-27  the renewal materials, the department shall issue the renewal or
   16-1  notify the license holder in writing that the renewal application
   16-2  was denied.
   16-3        Sec. 11.  REVOCATION.  (a)  A license may be revoked under
   16-4  this section if the license holder:
   16-5              (1)  was not entitled to the license at the time it was
   16-6  issued;
   16-7              (2)  gave false information on the application;
   16-8              (3)  subsequently becomes ineligible for a license
   16-9  under Section 2 of this article; or
  16-10              (4)  is convicted of an offense under Section 13 of
  16-11  this article.
  16-12        (b)  If a peace officer believes a reason listed in
  16-13  Subsection (a) of this section to revoke a license exists, the
  16-14  peace officer shall prepare an affidavit on a form provided by the
  16-15  department stating the reason for the revocation of the license and
  16-16  giving the department all of the information available to the peace
  16-17  officer at the time of the preparation of the form.  The officer
  16-18  shall attach the officer's reports relating to the license holder
  16-19  to the form and send the form and attachments to the appropriate
  16-20  division of the department at its Austin headquarters not later
  16-21  than the fifth working day after the date the form is prepared.
  16-22  The officer shall send a copy of the form without the attachments
  16-23  to the license holder.  If the license holder has not surrendered
  16-24  the license or the license was seized as evidence, the license
  16-25  holder shall surrender the license to the appropriate division of
  16-26  the department not later than the 30th day after the date the
  16-27  license holder receives the notice of revocation from the
   17-1  department, unless the license holder petitions a justice court to
   17-2  review the revocation.  The license holder may petition a justice
   17-3  court to review the revocation as provided by Section 6 of this
   17-4  article.  If the license holder petitions the justice court for a
   17-5  hearing, the license holder shall surrender the license on the date
   17-6  an order of revocation has been entered.
   17-7        (c)  A license holder whose license has been revoked for a
   17-8  reason listed in this section may reapply as a new applicant for
   17-9  the issuance of a license under this article after the second
  17-10  anniversary of the date of the revocation if the cause for
  17-11  revocation does not exist on the date of the second anniversary.
  17-12  If the cause of revocation exists on the date of the second
  17-13  anniversary after the date of revocation, the license holder may
  17-14  not apply for a new license until the cause for the revocation no
  17-15  longer exists and has not existed for a period of two years.
  17-16        Sec. 12.  SUSPENSION OF LICENSE.  (a)  A license may be
  17-17  suspended under this section if the license holder:
  17-18              (1)  is convicted of disorderly conduct punishable as a
  17-19  Class C misdemeanor under Section 42.01, Penal Code, and its
  17-20  subsequent amendments;
  17-21              (2)  fails to display a license required by Section 5
  17-22  of this article;
  17-23              (3)  fails to notify the department of a change of
  17-24  address or name as required by Section 7 of this article;
  17-25              (4)  carries a concealed handgun under the authority of
  17-26  this article of a different caliber or action than the license
  17-27  holder is licensed to carry;
   18-1              (5)  has been charged by indictment with the commission
   18-2  of an offense that would make the license holder ineligible for a
   18-3  license on conviction;
   18-4              (6)  has been charged by information with the
   18-5  commission of an offense that would make the license holder
   18-6  ineligible for a license upon conviction, if there is evidence to
   18-7  show probable cause to believe that the license holder committed
   18-8  the offense; or
   18-9              (7)  fails to return a previously issued license after
  18-10  a license is modified as required by Section 9(d) of this article.
  18-11        (b)  If any peace officer believes a reason listed in
  18-12  Subsection (a) of this section to suspend a license exists, the
  18-13  officer shall prepare an affidavit on a form provided by the
  18-14  department stating the reason for the suspension of the license and
  18-15  giving the department all of the information available to the
  18-16  officer at the time of the preparation of the form.  The officer
  18-17  shall attach the officer's reports relating to the license holder
  18-18  to the form and send the form and the attachments to the
  18-19  appropriate division of the department at its Austin headquarters
  18-20  not later than the fifth working day after the date the form is
  18-21  prepared.  The officer shall send a copy of the form without the
  18-22  attachments to the license holder.  If the license holder has not
  18-23  surrendered the license or the license was seized as evidence, the
  18-24  license holder shall surrender the license to the appropriate
  18-25  division of the department not later than the 30th day after the
  18-26  date the license holder receives the notice of suspension from the
  18-27  department unless the license holder petitions a justice court to
   19-1  review the suspension.  The license holder may petition a justice
   19-2  court to review the suspension as provided by Section 6 of this
   19-3  article.  If the license holder petitions the justice court for a
   19-4  hearing, the license holder shall surrender the license on the date
   19-5  an order of suspension is entered.
   19-6        (c)  A license may be suspended under this section for not
   19-7  less than 30 days and not more than two years.
   19-8        Sec. 13.  OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
   19-9  (a)  A license holder commits an offense if the license holder
  19-10  knowingly carries a handgun on or about his person under the
  19-11  authority of this article and fails to conceal the handgun.  An
  19-12  offense under this subsection is a Class A misdemeanor.
  19-13        (b)  A license holder commits an offense if the license
  19-14  holder recklessly carries a handgun on or about his person under
  19-15  the authority of this article and fails to conceal the handgun.  An
  19-16  offense under this subsection is a Class C misdemeanor.
  19-17        (c)  A license holder commits an offense if the license
  19-18  holder recklessly carries a handgun under the authority of this
  19-19  article, regardless of whether the handgun is concealed, on or
  19-20  about the license holder's person:
  19-21              (1)  on the premises of a school or an educational
  19-22  institution, whether public or private, unless the license holder
  19-23  has written authorization of the institution;
  19-24              (2)  on the premises of a polling place on the date of
  19-25  an election or while early voting is in progress;
  19-26              (3)  in any government court or offices used by a
  19-27  court, unless in accordance with written regulations or written
   20-1  authorization of the court;
   20-2              (4)  on the premises of a business that has a permit or
   20-3  license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
   20-4  Code, and its subsequent amendments, if the business derives 51
   20-5  percent or more of its income from the sale of alcoholic beverages
   20-6  for on-premises consumption;
   20-7              (5)  on the premises of a racetrack;
   20-8              (6)  in the secured passenger area of any airport;
   20-9              (7)  on a premises where a high school, collegiate, or
  20-10  professional sporting event or interscholastic event is taking
  20-11  place, unless the license holder is a participant in a sporting
  20-12  event in which a handgun is used; or
  20-13              (8)  in any other building used by or principally
  20-14  occupied by a governmental entity.
  20-15        (d)  An offense under Subsection (c) of this section is a
  20-16  Class B misdemeanor, unless the offense is committed under
  20-17  Subsection (c)(4) of this section, in which event the offense is a
  20-18  felony of the third degree.
  20-19        (e)  A license holder commits an offense if the license
  20-20  holder recklessly carries a handgun under the authority of this
  20-21  article, regardless of whether the handgun is concealed, at any
  20-22  meeting of the governing body of a county, municipality, or special
  20-23  district or at any meeting of the state legislature.  An offense
  20-24  under this subsection is a Class A misdemeanor.
  20-25        (f)  A license holder commits an offense if the license
  20-26  holder recklessly carries a handgun under the authority of this
  20-27  article while consuming an alcoholic beverage, while consuming a
   21-1  controlled substance or dangerous drug possessed in violation of
   21-2  Chapter 481 or 483, Health and Safety Code, and its subsequent
   21-3  amendments, or while intoxicated.  An offense under this subsection
   21-4  is a felony of the third degree.
   21-5        (g)  A license holder under this article who is licensed as a
   21-6  security officer under the Private Investigators and Private
   21-7  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   21-8  Statutes) and its subsequent amendments and employed as a security
   21-9  officer commits an offense if, while in the course and scope of the
  21-10  security officer's employment, the security officer violates a
  21-11  provision of this article.  An offense under this subsection is a
  21-12  Class A misdemeanor.
  21-13        (h)  Any judgment of conviction entered by any court under
  21-14  this section shall contain the handgun license number of the
  21-15  convicted license holder.  A certified copy of the judgment is
  21-16  conclusive and sufficient evidence to justify revocation of a
  21-17  license under Section 11(a)(4) of this article.
  21-18        Sec. 14.  LIMITATION OF LIABILITY.  (a)  A court may not hold
  21-19  the state, an agency or subdivision of the state, an officer or
  21-20  employee of the state, a peace officer, or a qualified handgun
  21-21  instructor liable for damages caused by:
  21-22              (1)  an action authorized under this article or failure
  21-23  to perform a duty imposed by this article; or
  21-24              (2)  the actions of an applicant or license holder that
  21-25  occur after the applicant has received a license or been denied a
  21-26  license under this article.
  21-27        (b)  A cause of action in damages may not be brought against
   22-1  the state, an agency or subdivision of the state, an officer or
   22-2  employee of the state, a peace officer, or a qualified handgun
   22-3  instructor for any damage caused by the actions of an applicant or
   22-4  licensee under this article.
   22-5        (c)  The department is not responsible for any injury or
   22-6  damage inflicted on any person by an applicant or licensee arising
   22-7  or alleged to have arisen from an action taken by the department
   22-8  under this article.
   22-9        Sec. 15.  HANDGUN PROFICIENCY REQUIREMENT.  (a)  The director
  22-10  shall by rule establish minimum standards for handgun proficiency
  22-11  and shall develop a course to teach handgun proficiency and
  22-12  examinations to measure handgun proficiency.  The course to teach
  22-13  handgun proficiency must contain training sessions divided into two
  22-14  parts.  One part of the course must be classroom instruction and
  22-15  the other part must be range instruction and an actual
  22-16  demonstration by the applicant of the applicant's ability to safely
  22-17  and proficiently use a handgun in a category for which the
  22-18  applicant seeks certification.  The department shall distribute the
  22-19  standards, course requirements, and examinations on request to any
  22-20  qualified handgun instructor.
  22-21        (b)  An applicant may seek certification for one or more
  22-22  categories described by Section 5(f) of this article.  To meet the
  22-23  physical demonstration requirements for certification a person must
  22-24  demonstrate the following applicable proficiency:
  22-25              (1)  for category SA1, an applicant must demonstrate
  22-26  proficiency with a semi-automatic handgun of 9mm caliber or larger;
  22-27              (2)  for category SA2, an applicant must demonstrate
   23-1  proficiency with a semi-automatic handgun of smaller than 9mm
   23-2  caliber;
   23-3              (3)  for category R1, an applicant must demonstrate
   23-4  proficiency with a revolver of .38 caliber or larger; or
   23-5              (4)  for category R2, an applicant must demonstrate
   23-6  proficiency with a revolver of smaller than .38 caliber.
   23-7        (c)  A handgun proficiency course must be administered by a
   23-8  qualified handgun instructor and must include at least 15 hours of
   23-9  instruction on:
  23-10              (1)  the laws that relate to weapons and to the use of
  23-11  deadly force;
  23-12              (2)  handgun use, proficiency, and safety;
  23-13              (3)  dispute resolution; and
  23-14              (4)  proper storage practices for handguns with an
  23-15  emphasis on storage practices that eliminate the possibility of
  23-16  accidental injury to a child.
  23-17        (d)  The department shall by rule develop a continuing
  23-18  education course in handgun proficiency for a license holder who
  23-19  wishes to renew a license.  The continuing education course shall
  23-20  be administered by a qualified handgun instructor and must include
  23-21  at least four hours of instruction on the subjects listed in
  23-22  Subsection (c) of this section.
  23-23        (e)  The proficiency examination to obtain or to renew a
  23-24  license must be administered by a qualified handgun instructor and
  23-25  must include:
  23-26              (1)  a written section on the subjects listed in
  23-27  Subsection (c) of this section; and
   24-1              (2)  a physical demonstration of proficiency in the use
   24-2  of one or more handguns of one or more categories as provided by
   24-3  Subsection (b) of this section and in handgun safety procedures.
   24-4        (f)  The proficiency examination to modify a license must be
   24-5  administered by a qualified handgun instructor and must include a
   24-6  physical demonstration of the proficiency in the use of one or more
   24-7  handguns of one or more categories as provided by Subsection (b) of
   24-8  this section and in handgun safety procedures.
   24-9        (g)  The department shall develop and distribute directions
  24-10  and materials for course instruction, test administration, and
  24-11  recordkeeping.  All test results shall be sent to the department,
  24-12  and the department shall maintain a record of the results.
  24-13        (h)  A person who wishes to obtain or renew a license to
  24-14  carry a concealed handgun shall apply in person to a qualified
  24-15  handgun instructor to take the appropriate course in handgun
  24-16  proficiency, demonstrate handgun proficiency, and obtain a handgun
  24-17  proficiency certificate as described by Section 16 of this article.
  24-18        (i)  A license holder who wishes to modify a license to allow
  24-19  the license holder to carry a handgun of a different category than
  24-20  the license indicates shall apply in person to a qualified handgun
  24-21  instructor to take the appropriate proficiency examination and
  24-22  obtain a handgun proficiency certificate as described by Section 16
  24-23  of this article.
  24-24        (j)  A certified firearms instructor of the department may
  24-25  monitor any class or training presented by a qualified handgun
  24-26  instructor.  A qualified handgun instructor shall cooperate with
  24-27  the department in the department's efforts to monitor the
   25-1  presentation of training by the qualified handgun instructor.  A
   25-2  qualified handgun instructor shall make available for inspection to
   25-3  the department any and all records maintained by a qualified
   25-4  handgun instructor under this article.  The qualified handgun
   25-5  instructor shall keep a record of all certificates of handgun
   25-6  proficiency issued by the qualified handgun instructor and other
   25-7  information required by the department by rule.
   25-8        Sec. 16.  HANDGUN PROFICIENCY CERTIFICATE.  (a)  The
   25-9  department shall develop a sequentially numbered handgun
  25-10  proficiency certificate and distribute the certificate to qualified
  25-11  handgun instructors who administer the handgun proficiency
  25-12  examination described in Section 15 of this article.  The
  25-13  department by rule may set a fee in an amount sufficient to cover
  25-14  the costs of the certificates.
  25-15        (b)  If a person successfully completes the proficiency
  25-16  requirements as described in Section 15 of this article, the
  25-17  instructor shall endorse a certificate of handgun proficiency
  25-18  provided by the department.  An applicant must successfully
  25-19  complete both classroom and range instruction to receive a
  25-20  certificate.  The certificate must indicate the category or
  25-21  categories of handguns for which the applicant demonstrated
  25-22  proficiency during the examination.
  25-23        (c)  A qualified handgun instructor may submit to the
  25-24  department a written recommendation for disapproval of the
  25-25  application for a license, renewal, or modification of a license,
  25-26  accompanied by an affidavit stating personal knowledge or naming
  25-27  persons with personal knowledge of facts that lead the instructor
   26-1  to believe that an applicant is not qualified for handgun
   26-2  proficiency certification despite the applicant's completion of the
   26-3  proficiency requirements as described by Section 15 of this
   26-4  article.
   26-5        Sec. 17.  QUALIFIED HANDGUN INSTRUCTORS.  (a)  The director
   26-6  by rule shall establish requirements for the certification of a
   26-7  qualified handgun instructor.  The department by rule may waive a
   26-8  proficiency demonstration requirement for certification under this
   26-9  section for a peace officer or a person who is employed by an
  26-10  educational institution and who instructs peace officers in the use
  26-11  of handguns.
  26-12        (b)  A qualified handgun instructor must be qualified to
  26-13  instruct persons in:
  26-14              (1)  the laws that relate to weapons and to the use of
  26-15  deadly force;
  26-16              (2)  handgun use, proficiency, and safety;
  26-17              (3)  dispute resolution; and
  26-18              (4)  proper storage practices for handguns, including
  26-19  storage practices that eliminate the possibility of accidental
  26-20  injury to a child.
  26-21        (c)  A qualified handgun instructor must possess a license
  26-22  issued under this article to carry a concealed handgun.
  26-23        (d)  The department shall provide training to an individual
  26-24  who applies for certification as a qualified handgun instructor.
  26-25  An applicant shall pay a fee of $100 to the department for the
  26-26  training.  An applicant must take and successfully complete the
  26-27  training offered by the department, pay the training fee, and
   27-1  obtain a license to carry a concealed handgun before the department
   27-2  may certify the applicant as a qualified handgun instructor.  The
   27-3  department shall waive the requirements regarding a handgun
   27-4  proficiency certification under Section 16 of this article for an
   27-5  applicant for a license to carry a concealed handgun who takes and
   27-6  successfully completes training under this subsection and pays the
   27-7  training fee.  The department by rule may prorate or waive the
   27-8  training fee for an employee of another governmental entity.
   27-9        (e)  The certification of a qualified handgun instructor
  27-10  expires on the first anniversary after the date of certification.
  27-11  To renew a certification, the qualified handgun instructor must pay
  27-12  a fee of $100 and take and successfully complete the retraining
  27-13  courses required by rule of the department.
  27-14        (f)  After certification, a qualified handgun instructor may
  27-15  conduct training for applicants for a license under this article.
  27-16        (g)  If the department revokes, suspends, or denies a license
  27-17  to carry a concealed handgun of a qualified handgun instructor or
  27-18  an applicant for certification as a qualified handgun instructor,
  27-19  the department shall take the same action against the certification
  27-20  as a qualified handgun instructor.
  27-21        Sec. 18.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
  27-22  CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR.  The procedures for
  27-23  the review of a denial, revocation, or suspension of a license
  27-24  under Section 6 of this article apply to the review of a denial,
  27-25  revocation, or suspension of certification as a qualified handgun
  27-26  instructor.  The notice provisions of this article relating to
  27-27  denial, revocation, or suspension of handgun licenses apply to the
   28-1  proposed denial, revocation, or suspension of a certification of a
   28-2  qualified handgun instructor or applicant therefor.
   28-3        Sec. 19.  CONFIDENTIALITY OF RECORDS.  The department may
   28-4  disclose whether or not an individual is licensed under this
   28-5  article.  All other records maintained under this article are
   28-6  confidential and are not subject to mandatory disclosure under the
   28-7  open records law, Chapter 424, Acts of the 63rd Legislature,
   28-8  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
   28-9  Statutes), and its subsequent amendments.
  28-10        Sec. 20.  RULES.  The director shall adopt rules to
  28-11  administer this article.
  28-12        Sec. 21.  FUNDS.  The department shall forward the fees
  28-13  collected under this article to the comptroller of public accounts.
  28-14  The comptroller shall deposit the fees to the credit of an account
  28-15  in the general revenue fund to be known as the concealed handgun
  28-16  license account.  The legislature may appropriate funds from the
  28-17  account only for the purpose of paying the costs of the department
  28-18  in implementing this article.  At the end of each fiscal year, the
  28-19  comptroller shall transfer the excess funds in the account to the
  28-20  general revenue fund.
  28-21        Sec. 22.  APPLICATION TO PEACE OFFICERS.  Except as provided
  28-22  by Section 26 of this article, the provisions of this article
  28-23  relating to the carrying of concealed weapons do not apply to a
  28-24  peace officer, unless the peace officer applies to be certified as
  28-25  a qualified handgun instructor.
  28-26        Sec. 23.  NOTICE.  (a)  For the purpose of a notice required
  28-27  by this article, the department may assume that the address
   29-1  currently reported to the department by the applicant or license
   29-2  holder is the correct address.
   29-3        (b)  A written notice meets the requirements under this
   29-4  article if the notice is sent by certified mail to the current
   29-5  address reported by the applicant or license holder to the
   29-6  department.
   29-7        (c)  If a notice is returned to the department because the
   29-8  notice is not deliverable, the department may give notice by
   29-9  publication once in a newspaper of general interest in the county
  29-10  of the applicant's or license holder's last reported address.  On
  29-11  the 31st day after the date the notice is published, the department
  29-12  may take the action proposed in the notice.
  29-13        Sec. 24.  METHOD OF PAYMENT.  A person may pay a fee required
  29-14  by this article only by cashier's check, money order made payable
  29-15  to the "Texas Department of Public Safety," or any other method
  29-16  approved by the department.  A fee received by the department under
  29-17  this article is nonrefundable.
  29-18        Sec. 25.  LICENSE A BENEFIT.  The issuance of a license under
  29-19  this article is a benefit to the license holder for purposes of
  29-20  those sections of the Penal Code to which the definition of
  29-21  "benefit" under Section 1.07, Penal Code, and its subsequent
  29-22  amendments apply.
  29-23        Sec. 26.  HONORABLY RETIRED PEACE OFFICERS.  (a)  On
  29-24  retirement, a person who is licensed as a peace officer under
  29-25  Chapter 415, Government Code, and its subsequent amendments, and
  29-26  who has been employed full-time as a peace officer by a law
  29-27  enforcement agency may apply under this section for an original
   30-1  license to carry a concealed handgun.  Sections 2 and 3 of this
   30-2  article do not apply to an applicant for an original license issued
   30-3  under this section.
   30-4        (b)  An application under this section must be made not later
   30-5  than the 90th day after the date of retirement.
   30-6        (c)  An applicant under this section must submit two complete
   30-7  sets of legible and classifiable fingerprints and a sworn statement
   30-8  from the head of the law enforcement agency employing the
   30-9  applicant.  The statement must include:
  30-10              (1)  the name and rank of the applicant;
  30-11              (2)  the status of the applicant before retirement;
  30-12              (3)  whether or not the applicant was accused of
  30-13  misconduct at the time of the retirement;
  30-14              (4)  the physical and mental condition of the
  30-15  applicant;
  30-16              (5)  the type of weapons the applicant had demonstrated
  30-17  proficiency with during the last year of employment;
  30-18              (6)  whether the applicant would be eligible for
  30-19  reemployment with the agency, and if not, the reasons the applicant
  30-20  is not eligible; and
  30-21              (7)  a recommendation from the agency head regarding
  30-22  the issuance of a license under this article.
  30-23        (d)  An applicant under this section is eligible for a
  30-24  license under this article if the applicant is honorably retired
  30-25  and physically and emotionally fit to possess a handgun.  In this
  30-26  subsection, "honorably retired" means the applicant:
  30-27              (1)  did not retire in lieu of any disciplinary action;
   31-1              (2)  was employed as a full-time peace officer for not
   31-2  less than 10 years by one agency; and
   31-3              (3)  is entitled to receive a pension or annuity for
   31-4  service as a law enforcement officer.
   31-5        (e)  An applicant under this section must pay a fee of $25 to
   31-6  the department for a license issued under this article.  The
   31-7  department may issue a license to carry concealed handguns only of
   31-8  the category or categories of handguns for which the applicant
   31-9  demonstrated proficiency during the last year of employment.
  31-10        (f)  If the applicant fails to qualify for a license under
  31-11  this section, the department, not later than the 90th day after the
  31-12  date of receipt of the completed application, shall notify the
  31-13  applicant in writing and state the reasons for the denial.  The
  31-14  applicant may appeal the denial as provided by Section 6 of this
  31-15  article.
  31-16        (g)  A license holder who obtains a license under this
  31-17  section may modify or renew the license as provided by Section 9 or
  31-18  10 of this article.
  31-19        Sec. 27.  APPLICATION TO LICENSED SECURITY OFFICERS.  This
  31-20  article does not exempt a license holder who is also employed as a
  31-21  security officer and licensed under the Private Investigators and
  31-22  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
  31-23  Civil Statutes) from the duty to comply with the provisions of that
  31-24  Act or Section 46.02, Penal Code, and its subsequent amendments.
  31-25        SECTION 2.  Section 37.01(1), Penal Code, is amended to read
  31-26  as follows:
  31-27              (1)  "Governmental record" means:
   32-1                    (A)  anything belonging to, received by, or kept
   32-2  by government for information, including an application for a
   32-3  license to carry a concealed handgun under Article 4413(29ee),
   32-4  Revised Statutes;
   32-5                    (B)  anything required by law to be kept by
   32-6  others for information of government; or
   32-7                    (C)  a license, certificate, permit, seal, title,
   32-8  or similar document issued by government, including a license to
   32-9  carry a concealed handgun issued under Article 4413(29ee), Revised
  32-10  Statutes.
  32-11        SECTION 3.  Section 46.03(a), Penal Code, is amended to read
  32-12  as follows:
  32-13        (a)  The provisions of Section 46.02 of this code do not
  32-14  apply to a person:
  32-15              (1)  in the actual discharge of his official duties as
  32-16  a member of the armed forces or state military forces as defined by
  32-17  Section 431.001, Government Code, or as a guard employed by a penal
  32-18  institution;
  32-19              (2)  on his own premises or premises under his control
  32-20  unless he is an employee or agent of the owner of the premises and
  32-21  his primary responsibility is to act in the capacity of a security
  32-22  guard to protect persons or property, in which event he must comply
  32-23  with Subdivision (5) of this subsection;
  32-24              (3)  traveling;
  32-25              (4)  engaging in lawful hunting, fishing, or other
  32-26  sporting activity if the weapon is a type commonly used in the
  32-27  activity;
   33-1              (5)  who holds a security officer commission issued by
   33-2  the Texas Board of Private Investigators and Private Security
   33-3  Agencies, if:
   33-4                    (A)  he is engaged in the performance of his
   33-5  duties as a security officer or traveling to and from his place of
   33-6  assignment;
   33-7                    (B)  he is wearing a distinctive uniform; and
   33-8                    (C)  the weapon is in plain view; <or>
   33-9              (6)  who is a peace officer, other than a person
  33-10  commissioned by the Texas State Board of Pharmacy; or
  33-11              (7)  carrying a concealed handgun and a valid license
  33-12  issued under Article 4413(29ee), Revised Statutes,  to carry a
  33-13  concealed handgun of the same caliber and action as the handgun the
  33-14  person is carrying.
  33-15        SECTION 4.  Section  51.14, Family Code, is amended by
  33-16  amending Subsection (a) and adding Subsection (g) to read as
  33-17  follows:
  33-18        (a)  Except as provided by Subsections <Subsection> (e) and
  33-19  (g) of this section, all files and records of a juvenile court, a
  33-20  clerk of court, or a prosecuting attorney relating to a child who
  33-21  is a party to a proceeding under this title are open to inspection
  33-22  only by:
  33-23              (1)  the judge, probation officers, and professional
  33-24  staff or consultants of the juvenile court;
  33-25              (2)  an attorney for a party to the proceeding;
  33-26              (3)  a public or private agency or institution
  33-27  providing supervision of the child by arrangement of the juvenile
   34-1  court, or having custody of the child under juvenile court order;
   34-2  or
   34-3              (4)  with leave of juvenile court, any other person,
   34-4  agency, or institution having a legitimate interest in the
   34-5  proceeding or in the work of the court.
   34-6        (g)  For the purpose of investigating an applicant for a
   34-7  license to carry a concealed handgun under Article 4413(29ee),
   34-8  Revised Statutes, the Department of Public Safety may obtain the
   34-9  applicant's record of adjudication of delinquent conduct by
  34-10  submitting a request for the record to the juvenile court.  The
  34-11  court shall certify a copy of the record and issue the record to
  34-12  the department.
  34-13        SECTION 5.  Section 51.16, Family Code, is amended by
  34-14  amending Subsections (f) and (h) and adding Subsection (m) to read
  34-15  as follows:
  34-16        (f)  Except as provided by Subsection (m) of this section,
  34-17  inspection <Inspection> of the sealed files and records may be
  34-18  permitted thereafter by an order of the juvenile court on the
  34-19  petition of the person who is the subject of the files or records
  34-20  and only by those persons named in the order.
  34-21        (h)  A person whose files and records have been sealed under
  34-22  this Act is not required in any proceeding or in any application
  34-23  for employment, information, or licensing other than licensing
  34-24  under Article 4413(29ee), Revised Statutes, to state that he has
  34-25  been the subject of a proceeding under this Act; and any statement
  34-26  that he has never been found to be a delinquent child shall never
  34-27  be held against the person in any criminal or civil proceeding.
   35-1        (m)  The juvenile court shall permit the inspection by the
   35-2  Department of Public Safety of the sealed files and records of a
   35-3  person who applies for a license to carry a concealed handgun under
   35-4  Article 4413(29ee), Revised Statutes.
   35-5        SECTION 6.  (a)  This Act takes effect September 1, 1993,
   35-6  except that a license issued under this Act before January 1, 1994,
   35-7  is not effective until January 1, 1994.  A license issued before
   35-8  January 1, 1994, shall be clearly marked to reflect the date on
   35-9  which it becomes effective, and the director of the Department of
  35-10  Public Safety shall inform each recipient of a license before that
  35-11  date that the license is not effective until that date.
  35-12        (b)  Notwithstanding Section 8(a), Article 4413(29ee),
  35-13  Revised Statutes, as added by this Act, the Department of Public
  35-14  Safety by rule may adopt a system to implement staggered and evenly
  35-15  distributed license expiration dates over the four-year period
  35-16  beginning January 1, 1994.  The department may not issue a license
  35-17  that is effective for less than two years.  A license that is
  35-18  effective for less than four years and is renewed expires as
  35-19  provided by Section 8(b), Article 4413(29ee), Revised Statutes, as
  35-20  added by this Act.  Notwithstanding Section 3(a)(6), Article
  35-21  4413(29ee), Revised Statutes, as added by this Act, the department
  35-22  by rule shall prorate the nonrefundable application and license fee
  35-23  for applicants who receive licenses that are effective for less
  35-24  than four years under this subsection.
  35-25        SECTION 7.  An offense committed before January 1, 1994, is
  35-26  covered by the law in effect when the offense is committed, and the
  35-27  former law is continued in effect for this purpose.
   36-1        SECTION 8.  The importance of this legislation and the
   36-2  crowded condition of the calendars in both houses create an
   36-3  emergency and an imperative public necessity that the
   36-4  constitutional rule requiring bills to be read on three several
   36-5  days in each house be suspended, and this rule is hereby suspended.