By: Wilson H.B. No. 1776
73R6408 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a license to carry a concealed handgun;
1-3 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) "Chemically dependent person" means a person who
1-13 frequently or repeatedly becomes intoxicated by excessive
1-14 indulgence in alcohol or uses controlled substances or dangerous
1-15 drugs so as to acquire a fixed habit and an involuntary tendency to
1-16 become intoxicated or use those substances as often as the
1-17 opportunity is presented.
1-18 (3) "Concealed handgun" means a handgun, the presence
1-19 of which is not openly discernible to the ordinary observation of a
1-20 reasonable person.
1-21 (4) "Convicted" means an adjudication of guilt or an
1-22 order of deferred adjudication entered against a person by a court
1-23 of competent jurisdiction whether or not:
1-24 (A) the sentence is subsequently probated and
2-1 the person is discharged from probation; or
2-2 (B) the person is pardoned for the offense,
2-3 unless the pardon is expressly granted for subsequent proof of
2-4 innocence.
2-5 (5) "Department" means the Department of Public
2-6 Safety, including employees of the department.
2-7 (6) "Director" means the director of the Department of
2-8 Public Safety or the director's designee.
2-9 (7) "Handgun" has the meaning assigned by Section
2-10 46.01, Penal Code, and its subsequent amendments.
2-11 (8) "Intoxicated" has the meaning assigned by Section
2-12 (a)(2), Article 6701l-1, Revised Statutes, and its subsequent
2-13 amendments.
2-14 (9) "Qualified handgun instructor" means a person who
2-15 is certified to instruct in the use of handguns by the department.
2-16 (10) "Unsound mind" means the mental condition of a
2-17 person who:
2-18 (A) has been adjudicated mentally incompetent,
2-19 mentally ill, or not guilty of a criminal offense by reason of
2-20 insanity; or
2-21 (B) has been diagnosed by a licensed physician
2-22 as being characterized by a mental disorder or infirmity that
2-23 renders the person incapable of managing the person's self or the
2-24 person's affairs, unless the person furnishes a certificate from a
2-25 licensed physician stating that the person is no longer disabled.
2-26 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
2-27 license to carry a concealed handgun if the person:
3-1 (1) is a resident of this state for the six-month
3-2 period preceding the date of application under this article;
3-3 (2) is at least 21 years of age;
3-4 (3) has not been convicted of a felony;
3-5 (4) is not charged with the commission of a Class A or
3-6 Class B misdemeanor or of a felony under an information or
3-7 indictment;
3-8 (5) is not a fugitive from justice for a felony or a
3-9 Class A or Class B misdemeanor;
3-10 (6) is not a chemically dependent person;
3-11 (7) is not a person of unsound mind; and
3-12 (8) has not, in the five years preceding the date of
3-13 application, been convicted of a Class A or Class B misdemeanor.
3-14 (b) For the purposes of this section, an offense under the
3-15 laws of this state, another state, or the United States is:
3-16 (1) a felony if confinement for one year or more in a
3-17 penitentiary is affixed to the offense as a possible punishment;
3-18 and
3-19 (2) a Class A misdemeanor if the offense is not a
3-20 felony and confinement in a jail is affixed as a possible
3-21 punishment.
3-22 Sec. 3. APPLICATION. (a) An applicant for a license to
3-23 carry a concealed handgun must submit to the director's designee
3-24 described by Section 4 of this article:
3-25 (1) a completed application on a form provided by the
3-26 department that requires only the information listed in Subsection
3-27 (b) of this section;
4-1 (2) two recent color passport photographs of the
4-2 applicant;
4-3 (3) a certified copy of the applicant's birth
4-4 certificate or certified proof of age;
4-5 (4) proof of residency in this state;
4-6 (5) two complete sets of legible and classifiable
4-7 fingerprints of the applicant taken by a law enforcement agency on
4-8 a form approved by the department;
4-9 (6) a nonrefundable application and license fee of
4-10 $140 paid to the department;
4-11 (7) a handgun proficiency certificate described by
4-12 Section 16 of this article;
4-13 (8) an affidavit signed by the applicant stating that
4-14 the applicant:
4-15 (A) has read and understands each provision of
4-16 this article that creates an offense under the laws of this state
4-17 and each provision of the laws of this state related to use of
4-18 deadly force; and
4-19 (B) fulfills all the eligibility requirements
4-20 listed under Section 2 of this article; and
4-21 (9) a form executed by the applicant that waives
4-22 confidentiality provided by the Freedom of Information Act (5
4-23 U.S.C. Section 552) and its subsequent amendments, the Right of
4-24 Privacy Act (5 U.S.C. Section 552a) and its subsequent amendments,
4-25 or other law and authorizes any law enforcement agency or the
4-26 director's designee to make an inquiry into any records, including
4-27 medical records, and records regarding the mental health of the
5-1 applicant that are considered necessary by the director's designee
5-2 to determine the applicant's eligibility for a license.
5-3 (b) An applicant must provide on the application a statement
5-4 of the applicant's:
5-5 (1) full name and place and date of birth;
5-6 (2) race and sex;
5-7 (3) residence and business addresses for the preceding
5-8 five years;
5-9 (4) hair and eye color;
5-10 (5) height and weight;
5-11 (6) driver's license number or identification
5-12 certificate number issued by the department;
5-13 (7) criminal history, including a list of offenses for
5-14 which the applicant was arrested, charged, or under an information
5-15 or indictment and the disposition of the offenses; and
5-16 (8) history during the preceding five years, if any,
5-17 of commitment to or residence in a drug or alcohol treatment center
5-18 licensed to provide drug or alcohol treatment under the laws of
5-19 this state or another state.
5-20 (c) The department shall distribute on request a copy of
5-21 this article and application materials.
5-22 Sec. 4. RECEIPT OF APPLICATION MATERIALS. (a) A person
5-23 applying for a license to carry a concealed handgun must apply in
5-24 person and display a driver's license or identification certificate
5-25 issued by the department to the director's designee in the county
5-26 in which the applicant resides.
5-27 (b) The director's designee may not accept an application
6-1 unless all items listed in Section 3(a) of this article are
6-2 submitted. The director's designee shall accept an application
6-3 that contains all necessary information and supporting documents.
6-4 If all required items are submitted, the director's designee shall
6-5 give the applicant a receipt for the completed application
6-6 materials endorsed with the date of submission.
6-7 (c) Not later than the 30th day after the date the
6-8 director's designee receives the completed application materials,
6-9 the director's designee shall forward the materials to the
6-10 appropriate division of the department at the department's Austin
6-11 headquarters.
6-12 (d) The director's designee shall conduct a criminal history
6-13 records check of the applicant and an investigation of the
6-14 applicant's local official records to verify the accuracy of the
6-15 application materials. The scope and duration of the records check
6-16 and investigation are at the sole discretion of the department.
6-17 The director's designee shall submit the results to the appropriate
6-18 division of the department at the department's Austin headquarters
6-19 with the application materials. The director's designee also may
6-20 submit to the appropriate division of the department at the
6-21 department's Austin headquarters a written recommendation for
6-22 disapproval of the application, accompanied by an affidavit stating
6-23 personal knowledge or naming persons with personal knowledge of a
6-24 ground for denial under Section 2 of this article.
6-25 Sec. 5. LICENSE. (a) The department may issue a license to
6-26 carry a concealed handgun to an applicant if the applicant meets
6-27 all the eligibility requirements and submits all the application
7-1 materials. The department may issue a license to carry handguns
7-2 only of the calibers and actions indicated on the applicant's
7-3 certificate of proficiency issued under Section 16 of this article.
7-4 The department shall administer the licensing procedures in good
7-5 faith so that any applicant who meets all the eligibility
7-6 requirements and submits all the application materials shall
7-7 receive a license. The department may not deny an application on
7-8 the basis of a capricious or arbitrary decision by the department.
7-9 (b) The department, not later than the 90th day after the
7-10 date of the receipt by the director's designee of the completed
7-11 application materials, shall:
7-12 (1) issue the license; or
7-13 (2) notify the applicant in writing that the
7-14 application was denied:
7-15 (A) on the grounds that the applicant failed to
7-16 qualify under the criteria listed in Section 2 of this article;
7-17 (B) based on the affidavit of the director's
7-18 designee submitted to the department under Section 4(d) of this
7-19 article; or
7-20 (C) based on the affidavit of the qualified
7-21 handgun instructor submitted to the department under Section 16(c)
7-22 of this article.
7-23 (c) If the department issues a license, the department shall
7-24 notify the sheriff of the county in which the license holder
7-25 resides that a license has been issued to the license holder. On
7-26 request of a local law enforcement agency, the department shall
7-27 notify the agency of the licenses that have been issued to license
8-1 holders who reside in the county in which the agency is located.
8-2 (d) A license issued under this article is effective from
8-3 the date of issuance.
8-4 (e) The department, by rule, shall adopt the form of the
8-5 license. A license must include:
8-6 (1) a number assigned to the license holder by the
8-7 department;
8-8 (2) a statement of the period for which the license is
8-9 effective;
8-10 (3) a statement of the category or categories of
8-11 handguns the license holder may carry as provided by Subsection (f)
8-12 of this section;
8-13 (4) a color photograph of the license holder; and
8-14 (5) the license holder's full name, date of birth,
8-15 residence address, hair and eye color, height, weight, signature,
8-16 and the number of a driver's license or an identification
8-17 certificate issued to the license holder by the department.
8-18 (f) A category of handguns contains handguns of certain
8-19 calibers and actions. The categories of handguns are as follows:
8-20 (1) SA1: semi-automatic handguns that are 9mm caliber
8-21 or larger;
8-22 (2) SA2: semi-automatic handguns that are smaller
8-23 than 9mm caliber;
8-24 (3) R1: revolvers that are .38 caliber or larger; and
8-25 (4) R2: revolvers that are smaller than .38 caliber.
8-26 (g) On a demand by a magistrate, an officer of a court of
8-27 competent jurisdiction, or a peace officer that a license holder
9-1 display the license holder's handgun license, the license holder
9-2 shall display both the license and the license holder's driver's
9-3 license or identification certificate issued by the department.
9-4 (h) If a license holder is carrying a handgun on or about
9-5 the license holder's person when a magistrate, an officer of a
9-6 court of competent jurisdiction, or a peace officer demands that
9-7 the license holder display identification, the license holder shall
9-8 display both the license holder's driver's license or
9-9 identification certificate issued by the department and the license
9-10 holder's handgun license.
9-11 (i) A person commits an offense if the person fails or
9-12 refuses to display the license and identification as required by
9-13 Subsection (g) or (h) of this section. An offense under this
9-14 subsection is a Class C misdemeanor.
9-15 Sec. 6. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
9-16 LICENSE. (a) Not later than the 30th day after the date of
9-17 receipt of a written notice of denial, revocation, or suspension of
9-18 a license, the applicant or license holder may petition a justice
9-19 court in the county in which the applicant or license holder
9-20 resides for a hearing to review the denial, revocation, or
9-21 suspension. In a proceeding under this section, a justice of the
9-22 peace shall act as an administrative hearing officer. A hearing
9-23 under this section is not subject to the Administrative Procedure
9-24 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
9-25 Statutes). The department may be represented by a district or
9-26 county attorney, the attorney general, or a designated member of
9-27 the department.
10-1 (b) The justice of the peace shall send a copy of the
10-2 petition to the appropriate division of the department at its
10-3 Austin headquarters by certified mail with notice of a hearing
10-4 date. The hearing must be held not later than the 30th day after
10-5 the petition was filed. The hearing may not be held unless the
10-6 department receives the notice of the hearing not later than the
10-7 10th day before the date of the hearing.
10-8 (c) The justice court shall determine if the denial,
10-9 revocation, or suspension is supported by a preponderance of the
10-10 evidence. Both the applicant or license holder and the department
10-11 may present evidence. The court shall affirm the denial,
10-12 revocation, or suspension if the court determines that denial,
10-13 revocation, or suspension was supported by a preponderance of the
10-14 evidence. If the court determines that the denial, revocation, or
10-15 suspension was not supported by a preponderance of the evidence,
10-16 the court shall order the department to immediately issue or return
10-17 the license to the applicant or license holder.
10-18 (d) A proceeding under this section is subject to Chapter
10-19 105, Civil Practice and Remedies Code, and its subsequent
10-20 amendments relating to fees, expenses, and attorney's fees.
10-21 (e) A party adversely affected by the court's ruling
10-22 following a hearing under this section may appeal the ruling by
10-23 filing within 30 days after the ruling a petition in a county court
10-24 at law in the county in which the applicant or license holder
10-25 resides or, if there is no county court at law in the county, in
10-26 the county court of the county. A person who appeals under this
10-27 section must send by certified mail a copy of the person's
11-1 petition, certified by the clerk of the court in which the petition
11-2 is filed, to the appropriate division of the department at its
11-3 Austin headquarters. The trial on appeal shall be a trial de novo
11-4 without a jury. The department may be represented by a district or
11-5 county attorney or the attorney general.
11-6 (f) A suspension of a license may not be probated.
11-7 (g) If an applicant or a license holder does not petition
11-8 the justice court, a denial becomes final and a revocation or
11-9 suspension takes effect on the 30th day after receipt of written
11-10 notice.
11-11 Sec. 7. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
11-12 person, after applying for or receiving a license, moves from the
11-13 address stated in the application or on the license or if the name
11-14 of the person is changed by marriage or otherwise, the person
11-15 shall, not later than the 30th day after the date of the address or
11-16 name change, notify the department and provide the department with
11-17 the number of the person's license if a license has been issued and
11-18 the person's:
11-19 (1) former and new addresses; or
11-20 (2) former and new names.
11-21 (b) If the name of the license holder is changed by marriage
11-22 or otherwise, the person shall apply for a duplicate license.
11-23 (c) If a license holder moved from the address on the
11-24 license, the person shall apply for a duplicate license.
11-25 (d) The department shall charge a license holder a fee of
11-26 $25 for a duplicate license.
11-27 (e) The department shall make the forms available on
12-1 request.
12-2 (f) The department shall notify the sheriff of the county in
12-3 which a license holder resides of a change made under Subsection
12-4 (a) of this section by the license holder. On request of a local
12-5 law enforcement agency, the department shall notify the agency of
12-6 changes made under Subsection (a) of this section by license
12-7 holders who reside in the county in which the agency is located.
12-8 (g) If a license is lost, stolen, or destroyed, the license
12-9 holder shall apply for a duplicate license not later than the 30th
12-10 day after the date of the loss, theft, or destruction of the
12-11 license.
12-12 (h) If a license holder is required under this section to
12-13 apply for a duplicate license and the license expires not later
12-14 than the 60th day after the date of the loss, theft, or destruction
12-15 of the license, the applicant may renew the license with the
12-16 modified information included on the new license. The applicant
12-17 shall pay only the nonrefundable renewal fee.
12-18 Sec. 8. EXPIRATION. (a) A license issued under this
12-19 article expires on the first birthday of the license holder
12-20 occurring after the fourth anniversary of the date of issuance.
12-21 (b) A renewed license expires on the license holder's
12-22 birthdate, four years after the date of the expiration of the
12-23 previous license.
12-24 (c) A duplicate license expires on the date the license that
12-25 was duplicated would have expired.
12-26 (d) A modified license expires on the date the license that
12-27 was modified would have expired.
13-1 Sec. 9. MODIFICATION. (a) To modify a license to allow a
13-2 license holder to carry a handgun of a different caliber or action
13-3 than the license indicates, the license holder must:
13-4 (1) complete a proficiency examination as provided by
13-5 Section 15(d) of this article;
13-6 (2) obtain a handgun proficiency certificate under
13-7 Section 16 of this article not more than six months before the date
13-8 of application for a modified license; and
13-9 (3) submit to the department:
13-10 (A) an application for a modified license on a
13-11 form provided by the department;
13-12 (B) a copy of the handgun proficiency
13-13 certificate;
13-14 (C) payment of a modified license fee of $25;
13-15 and
13-16 (D) two recent color passport photographs of the
13-17 license holder.
13-18 (b) The director by rule shall adopt a modified license
13-19 application form requiring an update of the information on the
13-20 original completed application.
13-21 (c) The department may modify the license of a license
13-22 holder who meets all the eligibility requirements and submits all
13-23 the modification materials. Not later than the 45th day after
13-24 receipt of the modification materials, the department shall issue
13-25 the modified license or notify the license holder in writing that
13-26 the modified license application was denied.
13-27 (d) On receipt of a modified license, the license holder
14-1 shall return the previously issued license to the department.
14-2 Sec. 10. RENEWAL. (a) To renew a license, a license holder
14-3 must:
14-4 (1) complete a continuing education course for handgun
14-5 proficiency under Section 15(c) of this article not more than six
14-6 months before the date of application for renewal;
14-7 (2) obtain a handgun proficiency certificate under
14-8 Section 16 of this article not more than six months before the date
14-9 of application for renewal; and
14-10 (3) submit to the department:
14-11 (A) an application for renewal on a form
14-12 provided by the department;
14-13 (B) a copy of the handgun proficiency
14-14 certificate;
14-15 (C) payment of a nonrefundable renewal fee as
14-16 set by the department; and
14-17 (D) two recent color passport photographs of the
14-18 applicant.
14-19 (b) The director by rule shall adopt a renewal application
14-20 form requiring an update of the information on the original
14-21 completed application. The director by rule shall set the renewal
14-22 fee in an amount that is sufficient to cover the actual cost to the
14-23 department to renew a license. Not later than the 60th day before
14-24 the expiration date of the license, the department shall mail to
14-25 each license holder a written notice of the expiration of the
14-26 license and a renewal form.
14-27 (c) The department may renew the license of a license holder
15-1 who meets all the eligibility requirements and submits all the
15-2 renewal materials. Not later than the 45th day after receipt of
15-3 the renewal materials, the department shall issue the renewal or
15-4 notify the license holder in writing that the renewal application
15-5 was denied.
15-6 Sec. 11. REVOCATION. (a) A license may be revoked under
15-7 this section if the license holder:
15-8 (1) was not entitled to the license at the time it was
15-9 issued;
15-10 (2) gave false information on the application;
15-11 (3) subsequently becomes ineligible for a license
15-12 under Section 2 of this article; or
15-13 (4) is convicted of an offense under Section 13 of
15-14 this article.
15-15 (b) If a peace officer believes a reason listed in
15-16 Subsection (a) of this section to revoke a license exists, the
15-17 peace officer shall prepare an affidavit on a form provided by the
15-18 department stating the reason for the revocation of the license and
15-19 giving the department all of the information available to the peace
15-20 officer at the time of the preparation of the form. The officer
15-21 shall attach the officer's reports relating to the license holder
15-22 to the form and send the form and attachments to the appropriate
15-23 division of the department at its Austin headquarters not later
15-24 than the fifth working day after the date the form is prepared.
15-25 The officer shall send a copy of the form without the attachments
15-26 to the license holder. If the license holder has not surrendered
15-27 the license or the license was seized as evidence, the license
16-1 holder shall surrender the license to the appropriate division of
16-2 the department not later than the 30th day after the date the
16-3 license holder receives the notice of revocation from the
16-4 department, unless the license holder petitions a justice court to
16-5 review the revocation. The license holder may petition a justice
16-6 court to review the revocation as provided by Section 6 of this
16-7 article. If the license holder petitions the justice court for a
16-8 hearing, the license holder shall surrender the license on the date
16-9 an order of revocation has been entered.
16-10 (c) A license holder whose license has been revoked for a
16-11 reason listed in this section may reapply as a new applicant for
16-12 the issuance of a license under this article after the second
16-13 anniversary of the date of the revocation if the cause for
16-14 revocation does not exist on the date of the second anniversary.
16-15 If the cause of revocation exists on the date of the second
16-16 anniversary after the date of revocation, the license holder may
16-17 not apply for a new license until the cause for the revocation no
16-18 longer exists and has not existed for a period of two years.
16-19 Sec. 12. SUSPENSION OF LICENSE. (a) A license may be
16-20 suspended under this section if the license holder:
16-21 (1) is convicted of disorderly conduct punishable as a
16-22 Class C misdemeanor under Section 42.01, Penal Code, and its
16-23 subsequent amendments;
16-24 (2) fails to display a license required by Section 5
16-25 of this article;
16-26 (3) fails to notify the department of a change of
16-27 address or name as required by Section 7 of this article;
17-1 (4) carries a concealed handgun under the authority of
17-2 this article of a different caliber or action than the license
17-3 holder is licensed to carry;
17-4 (5) has been charged by indictment with the commission
17-5 of an offense that would make the license holder ineligible for a
17-6 license on conviction;
17-7 (6) has been charged by information with the
17-8 commission of an offense that would make the license holder
17-9 ineligible for a license upon conviction, if there is evidence to
17-10 show probable cause to believe that the license holder committed
17-11 the offense; or
17-12 (7) fails to return a previously issued license after
17-13 a license is modified as required by Section 9(d) of this article.
17-14 (b) If any peace officer believes a reason listed in
17-15 Subsection (a) of this section to suspend a license exists, the
17-16 officer shall prepare an affidavit on a form provided by the
17-17 department stating the reason for the suspension of the license and
17-18 giving the department all of the information available to the
17-19 officer at the time of the preparation of the form. The officer
17-20 shall attach the officer's reports relating to the license holder
17-21 to the form and send the form and the attachments to the
17-22 appropriate division of the department at its Austin headquarters
17-23 not later than the fifth working day after the date the form is
17-24 prepared. The officer shall send a copy of the form without the
17-25 attachments to the license holder. If the license holder has not
17-26 surrendered the license or the license was seized as evidence, the
17-27 license holder shall surrender the license to the appropriate
18-1 division of the department not later than the 30th day after the
18-2 date the license holder receives the notice of suspension from the
18-3 department unless the license holder petitions a justice court to
18-4 review the suspension. The license holder may petition a justice
18-5 court to review the suspension as provided by Section 6 of this
18-6 article. If the license holder petitions the justice court for a
18-7 hearing, the license holder shall surrender the license on the date
18-8 an order of suspension is entered.
18-9 (c) A license may be suspended under this section for not
18-10 less than 30 days and not more than two years.
18-11 Sec. 13. OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
18-12 (a) A license holder commits an offense if the license holder
18-13 knowingly carries a handgun on or about his person under the
18-14 authority of this article and fails to conceal the handgun. An
18-15 offense under this subsection is a Class A misdemeanor.
18-16 (b) A license holder commits an offense if the license
18-17 holder recklessly carries a handgun on or about his person under
18-18 the authority of this article and fails to conceal the handgun. An
18-19 offense under this subsection is a Class C misdemeanor.
18-20 (c) A license holder commits an offense if the license
18-21 holder intentionally, knowingly, or recklessly carries a handgun
18-22 under the authority of this article, regardless of whether the
18-23 handgun is concealed, on or about the license holder's person:
18-24 (1) on the premises of a school or an educational
18-25 institution, whether public or private, unless the license holder
18-26 has written authorization of the institution;
18-27 (2) on the premises of a polling place on the date of
19-1 an election or while early voting is in progress;
19-2 (3) in any government court or offices used by a
19-3 court, unless in accordance with written regulations or written
19-4 authorization of the court;
19-5 (4) on the premises of a business that has a permit or
19-6 license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
19-7 Code, and its subsequent amendments if the business derives 51
19-8 percent or more of its income from the sale of alcoholic beverages
19-9 for on-premises consumption;
19-10 (5) on the premises of a racetrack;
19-11 (6) in the secured passenger area of any airport;
19-12 (7) on a premises where a high school, collegiate, or
19-13 professional sporting event or interscholastic event is taking
19-14 place, unless the license holder is a participant in a sporting
19-15 event in which a handgun is used; or
19-16 (8) in any other building used by or principally
19-17 occupied by a governmental entity.
19-18 (d) An offense under Subsection (c) of this section is a
19-19 Class B misdemeanor, unless the offense is committed under
19-20 Subsection (c)(4) of this section, in which event the offense is a
19-21 felony of the third degree.
19-22 (e) A license holder commits an offense if the license
19-23 holder intentionally, knowingly, or recklessly carries a handgun
19-24 under the authority of this article, regardless of whether the
19-25 handgun is concealed, at any meeting of the governing body of a
19-26 county, municipality, or special district or at any meeting of the
19-27 state legislature. An offense under this subsection is a Class A
20-1 misdemeanor.
20-2 (f) A license holder commits an offense if the license
20-3 holder recklessly carries a handgun under the authority of this
20-4 article, regardless of whether the handgun is concealed, while
20-5 intoxicated. An offense under this subsection is a Class A
20-6 misdemeanor.
20-7 (g) Sections 32.21 and 37.10, Penal Code, and their
20-8 subsequent amendments are applicable to conduct under this article.
20-9 (h) A license holder under this article who is licensed as a
20-10 security officer under the Private Investigators and Private
20-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
20-12 Statutes) and its subsequent amendments, and employed as a security
20-13 officer commits an offense if, while in the course and scope of the
20-14 security officer's employment, the security officer violates a
20-15 provision of this article. An offense under this subsection is a
20-16 Class A misdemeanor.
20-17 (i) Any judgment of conviction entered by any court under
20-18 this section shall contain the handgun license number of the
20-19 convicted license holder. A certified copy of the judgment is
20-20 conclusive and sufficient evidence to justify revocation of a
20-21 license under Section 11(a)(4) of this article.
20-22 Sec. 14. LIMITATION OF LIABILITY. (a) A court may not hold
20-23 the state, an agency or subdivision of the state, an officer or
20-24 employee of the state, a peace officer, or a qualified handgun
20-25 instructor liable for damages caused by:
20-26 (1) an action authorized under this article or failure
20-27 to perform a duty imposed by this article; or
21-1 (2) the actions of an applicant or license holder that
21-2 occur after the applicant has received a license or been denied a
21-3 license under this article.
21-4 (b) A cause of action in damages may not be brought against
21-5 the state, an agency or subdivision of the state, an officer or
21-6 employee of the state, a peace officer, or a qualified handgun
21-7 instructor for any damage caused by the actions of an applicant or
21-8 licensee under this article.
21-9 (c) The department is not responsible for any injury or
21-10 damage inflicted on any person by an applicant or licensee arising
21-11 or alleged to have arisen from an action taken by the department
21-12 under this article.
21-13 Sec. 15. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
21-14 shall by rule establish minimum standards for handgun proficiency
21-15 and shall develop a course to teach handgun proficiency and
21-16 examinations to measure handgun proficiency. The course to teach
21-17 handgun proficiency must contain training sessions divided into two
21-18 parts. One part of the course must be classroom instruction and
21-19 the other part must be range instruction and an actual
21-20 demonstration by the applicant of the applicant's ability to safely
21-21 and proficiently use the handgun for which the applicant seeks
21-22 certification. The department shall distribute the standards,
21-23 course requirements, and examinations on request to any qualified
21-24 handgun instructor.
21-25 (b) A handgun proficiency course must be administered by a
21-26 qualified handgun instructor and must include at least 15 hours of
21-27 instruction on:
22-1 (1) the laws that relate to weapons and to the use of
22-2 deadly force;
22-3 (2) handgun use, proficiency, and safety;
22-4 (3) dispute resolution; and
22-5 (4) proper storage practices for handguns with an
22-6 emphasis on storage practices that eliminate the possibility of
22-7 accidental injury to a child.
22-8 (c) The department shall by rule develop a continuing
22-9 education course in handgun proficiency for a license holder who
22-10 wishes to renew a license. The continuing education course shall
22-11 be administered by a qualified handgun instructor and must include
22-12 at least four hours of instruction on the subjects listed in
22-13 Subsection (b) of this section.
22-14 (d) The proficiency examination to obtain or to renew a
22-15 license must be administered by a qualified handgun instructor and
22-16 must include:
22-17 (1) a written section on the subjects listed in
22-18 Subsection (b) of this section; and
22-19 (2) a physical demonstration of proficiency in the use
22-20 of one or more handguns of specific calibers and actions and in
22-21 handgun safety procedures.
22-22 (e) The proficiency examination to modify a license must be
22-23 administered by a qualified handgun instructor and must include a
22-24 physical demonstration of the proficiency in the use of one or more
22-25 handguns of specific calibers and actions and in handgun safety
22-26 procedures.
22-27 (f) The department shall develop and distribute directions
23-1 and materials for course instruction, test administration, and
23-2 recordkeeping. All test results shall be sent to the department,
23-3 and the department shall maintain a record of the results.
23-4 (g) A person who wishes to obtain or renew a license to
23-5 carry a concealed handgun shall apply in person to a qualified
23-6 handgun instructor to take the appropriate course in handgun
23-7 proficiency, demonstrate handgun proficiency, and obtain a handgun
23-8 proficiency certificate as described by Section 16 of this article.
23-9 (h) A license holder who wishes to modify a license to allow
23-10 the license holder to carry a handgun of a different caliber or
23-11 action than the license indicates shall apply in person to a
23-12 qualified handgun instructor to take the appropriate proficiency
23-13 examination and obtain a handgun proficiency certificate as
23-14 described by Section 16 of this article.
23-15 (i) A certified firearms instructor of the department may
23-16 monitor any class or training presented by a qualified handgun
23-17 instructor. A qualified handgun instructor shall cooperate with
23-18 the department in the department's efforts to monitor the
23-19 presentation of training by the qualified handgun instructor. A
23-20 qualified handgun instructor shall make available for inspection to
23-21 the department any and all records maintained by a qualified
23-22 handgun instructor under this article. The qualified handgun
23-23 instructor shall keep a record of all certificates of handgun
23-24 proficiency issued by the qualified handgun instructor and other
23-25 information required by the department by rule.
23-26 Sec. 16. HANDGUN PROFICIENCY CERTIFICATE. (a) The
23-27 department shall develop a sequentially numbered handgun
24-1 proficiency certificate and distribute the certificate to qualified
24-2 handgun instructors who administer the handgun proficiency
24-3 examination described in Section 15 of this article. The
24-4 department by rule may set a fee in an amount sufficient to cover
24-5 the costs of the certificates.
24-6 (b) If a person successfully completes the proficiency
24-7 requirements as described in Section 15 of this article, the
24-8 instructor shall endorse a certificate of handgun proficiency
24-9 provided by the department. An applicant must successfully
24-10 complete both classroom and range instruction to receive a
24-11 certificate. The certificate must indicate the caliber and action
24-12 of any handgun for which the applicant demonstrated proficiency
24-13 during the examination.
24-14 (c) A qualified handgun instructor may submit to the
24-15 department a written recommendation for disapproval of the
24-16 application for a license, renewal, or modification of a license,
24-17 accompanied by an affidavit stating personal knowledge or naming
24-18 persons with personal knowledge of facts that lead the instructor
24-19 to believe that an applicant is not qualified for handgun
24-20 proficiency certification despite the applicant's completion of the
24-21 proficiency requirements as described by Section 15 of this
24-22 article.
24-23 Sec. 17. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
24-24 by rule shall establish requirements for the certification of a
24-25 qualified handgun instructor. The department by rule may waive a
24-26 proficiency demonstration requirement for certification under this
24-27 section for a peace officer or a person who is employed by an
25-1 educational institution and who instructs peace officers in the use
25-2 of handguns.
25-3 (b) A qualified handgun instructor must be qualified to
25-4 instruct persons in:
25-5 (1) the laws that relate to weapons and to the use of
25-6 deadly force;
25-7 (2) handgun use, proficiency, and safety;
25-8 (3) dispute resolution; and
25-9 (4) proper storage practices for handguns, including
25-10 storage practices that eliminate the possibility of accidental
25-11 injury to a child.
25-12 (c) A qualified handgun instructor must possess a license
25-13 issued under this article to carry a concealed handgun.
25-14 (d) The department shall provide training to an individual
25-15 who applies for certification as a qualified handgun instructor.
25-16 An applicant shall pay a fee of $100 to the department for the
25-17 training. An applicant must take and successfully complete the
25-18 training offered by the department, pay the training fee, and
25-19 obtain a license to carry a concealed handgun before the department
25-20 may certify the applicant as a qualified handgun instructor. The
25-21 department shall waive the requirements regarding a handgun
25-22 proficiency certification under Section 16 of this article for an
25-23 applicant for a license to carry a concealed handgun who takes and
25-24 successfully completes training under this subsection and pays the
25-25 training fee. The department by rule may prorate or waive the
25-26 training fee for an employee of another governmental entity.
25-27 (e) The certification of a qualified handgun instructor
26-1 expires on the first anniversary after the date of certification.
26-2 To renew a certification, the qualified handgun instructor must pay
26-3 a fee of $100 and take and successfully complete the retraining
26-4 courses required by rule of the department.
26-5 (f) After certification, a qualified handgun instructor may
26-6 conduct training for applicants for a license under this article.
26-7 (g) If the department revokes, suspends, or denies a license
26-8 to carry a concealed handgun of a qualified handgun instructor or
26-9 an applicant for certification as a qualified handgun instructor,
26-10 the department shall take the same action against the certification
26-11 as a qualified handgun instructor.
26-12 Sec. 18. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
26-13 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
26-14 the review of a denial, revocation, or suspension of a license
26-15 under Section 6 of this article apply to the review of a denial,
26-16 revocation, or suspension of certification as a qualified handgun
26-17 instructor. The notice provisions of this article relating to
26-18 denial, revocation, or suspension of handgun licenses apply to the
26-19 proposed denial, revocation, or suspension of a certification of a
26-20 qualified handgun instructor or applicant therefor.
26-21 Sec. 19. CONFIDENTIALITY OF RECORDS. The department may
26-22 disclose whether or not an individual is licensed under this
26-23 article. All other records maintained under this article are
26-24 confidential and are not subject to mandatory disclosure under the
26-25 open records law, Chapter 424, Acts of the 63rd Legislature,
26-26 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
26-27 Statutes), and its subsequent amendments.
27-1 Sec. 20. RULES. The director shall adopt rules to
27-2 administer this article.
27-3 Sec. 21. FUNDS. The department shall forward the fees
27-4 collected under this article to the comptroller of public accounts.
27-5 The comptroller shall deposit the fees to the credit of an account
27-6 in the general revenue fund to be known as the concealed handgun
27-7 license account. The legislature may appropriate funds from the
27-8 account only for the purpose of paying the costs of the department
27-9 in implementing this article. At the end of each fiscal year, the
27-10 comptroller shall transfer the excess funds in the account to the
27-11 general revenue fund.
27-12 Sec. 22. APPLICATION TO PEACE OFFICERS. Except as provided
27-13 by Section 26 of this article, the provisions of this article
27-14 relating to the carrying of concealed weapons do not apply to a
27-15 peace officer, unless the peace officer applies to be certified as
27-16 a qualified handgun instructor.
27-17 Sec. 23. NOTICE. (a) For the purpose of a notice required
27-18 by this article, the department may assume that the address
27-19 currently reported to the department by the applicant or license
27-20 holder is the correct address.
27-21 (b) A written notice meets the requirements under this
27-22 article if the notice is sent by certified mail to the current
27-23 address reported by the applicant or license holder to the
27-24 department.
27-25 (c) If a notice is returned to the department because the
27-26 notice is not deliverable, the department may give notice by
27-27 publication once in a newspaper of general interest in the county
28-1 of the applicant's or license holder's last reported address. On
28-2 the 31st day after the date the notice is published, the department
28-3 may take the action proposed in the notice.
28-4 Sec. 24. METHOD OF PAYMENT. A person may pay a fee required
28-5 by this article only by cashier's check, money order made payable
28-6 to the "Texas Department of Public Safety", or any other method
28-7 approved by the department. A fee received by the department under
28-8 this article is non-refundable.
28-9 Sec. 25. LICENSE A BENEFIT. The issuance of a license under
28-10 this article is a benefit to the license holder for purposes of
28-11 those sections of the Penal Code to which the definition of
28-12 "benefit" under Section 1.07, Penal Code, and its subsequent
28-13 amendments apply.
28-14 Sec. 26. HONORABLY RETIRED PEACE OFFICERS. (a) A person
28-15 who is licensed as a peace officer under Chapter 415, Government
28-16 Code, and its subsequent amendments and who has been employed
28-17 full-time as a peace officer by a law enforcement agency may apply
28-18 for a license under the article on retirement. The application
28-19 must be made not later than the 90th day after the date of
28-20 retirement.
28-21 (b) The person shall submit two complete sets of legible and
28-22 classifiable fingerprints and a sworn statement from the head of
28-23 the law enforcement agency employing the applicant. The statement
28-24 shall include:
28-25 (1) the name and rank of the applicant;
28-26 (2) the status of the applicant before retirement;
28-27 (3) whether or not the applicant was accused of
29-1 misconduct at the time of the retirement;
29-2 (4) the physical and mental condition of the
29-3 applicant;
29-4 (5) the type of weapons the applicant had demonstrated
29-5 proficiency with during the last year of employment;
29-6 (6) whether the applicant would be eligible for
29-7 reemployment with the agency, and if not, the reasons the applicant
29-8 is not eligible; and
29-9 (7) a recommendation from the agency head regarding
29-10 the issuance of a license under this article.
29-11 (c) The department may issue a license under this article to
29-12 an applicant under this section if the applicant is honorably
29-13 retired and physically and emotionally fit to possess a handgun.
29-14 In this subsection, "honorably retired" means the applicant:
29-15 (1) did not retire in lieu of any disciplinary action;
29-16 (2) was employed as a full-time peace officer for not
29-17 less than 10 years by one agency; and
29-18 (3) is entitled to receive a pension or annuity for
29-19 service as a law enforcement officer.
29-20 (d) An applicant under this section shall pay a fee of $25
29-21 for a license issued under this article.
29-22 (e) A retired peace officer who obtains a license under this
29-23 article must maintain proficiency for the type of caliber and
29-24 action of weapon licensed as required for a peace officer under
29-25 Section 415.035, Government Code, and its subsequent amendments.
29-26 The proficiency shall be reported to the department on application
29-27 and renewal.
30-1 Sec. 27. APPLICATION TO LICENSED SECURITY OFFICERS. This
30-2 article does not exempt a license holder who is also employed as a
30-3 security officer and licensed under the Private Investigators and
30-4 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
30-5 Civil Statutes) from the duty to comply with the provisions of that
30-6 Act or Section 46.02, Penal Code, and its subsequent amendments.
30-7 SECTION 2. Section 46.03(a), Penal Code, is amended to read
30-8 as follows:
30-9 (a) The provisions of Section 46.02 of this code do not
30-10 apply to a person:
30-11 (1) in the actual discharge of his official duties as
30-12 a member of the armed forces or state military forces as defined by
30-13 Section 431.001, Government Code, or as a guard employed by a penal
30-14 institution;
30-15 (2) on his own premises or premises under his control
30-16 unless he is an employee or agent of the owner of the premises and
30-17 his primary responsibility is to act in the capacity of a security
30-18 guard to protect persons or property, in which event he must comply
30-19 with Subdivision (5) of this subsection;
30-20 (3) traveling;
30-21 (4) engaging in lawful hunting, fishing, or other
30-22 sporting activity if the weapon is a type commonly used in the
30-23 activity;
30-24 (5) who holds a security officer commission issued by
30-25 the Texas Board of Private Investigators and Private Security
30-26 Agencies, if:
30-27 (A) he is engaged in the performance of his
31-1 duties as a security officer or traveling to and from his place of
31-2 assignment;
31-3 (B) he is wearing a distinctive uniform; and
31-4 (C) the weapon is in plain view; <or>
31-5 (6) who is a peace officer, other than a person
31-6 commissioned by the Texas State Board of Pharmacy; or
31-7 (7) carrying a concealed handgun and a valid license
31-8 issued under Article 4413(29ee), Revised Statutes, to carry a
31-9 concealed handgun of the same caliber and action as the handgun the
31-10 person is carrying.
31-11 SECTION 3. (a) This Act takes effect September 1, 1993,
31-12 except that a license issued under this Act before January 1, 1994,
31-13 is not effective until January 1, 1994. A license issued before
31-14 January 1, 1994, shall be clearly marked to reflect the date on
31-15 which it becomes effective, and the director of the Department of
31-16 Public Safety shall inform each recipient of a license before that
31-17 date that the license is not effective until that date.
31-18 (b) Notwithstanding Section 8(a), Article 4413(29ee),
31-19 Revised Statutes, as added by this Act, the Department of Public
31-20 Safety by rule may adopt a system to implement staggered and evenly
31-21 distributed license expiration dates over the four-year period
31-22 beginning January 1, 1994. The department may not issue a license
31-23 that is effective for less than two years. A license that is
31-24 effective for less than four years and is renewed expires as
31-25 provided by Section 8(b), Article 4413(29ee), Revised Statutes, as
31-26 added by this Act. Notwithstanding Section 3(a)(6), Article
31-27 4413(29ee), Revised Statutes, as added by this Act, the department
32-1 by rule shall prorate the nonrefundable application and license fee
32-2 for applicants who receive licenses that are effective for less
32-3 than four years under this subsection.
32-4 SECTION 4. An offense committed before January 1, 1994, is
32-5 covered by the law in effect when the offense is committed, and the
32-6 former law is continued in effect for this purpose.
32-7 SECTION 5. The importance of this legislation and the
32-8 crowded condition of the calendars in both houses create an
32-9 emergency and an imperative public necessity that the
32-10 constitutional rule requiring bills to be read on three several
32-11 days in each house be suspended, and this rule is hereby suspended.