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.