1-1 By: Wilson, Carter, et al. H.B. No. 1776
1-2 (Senate Sponsor - Patterson)
1-3 (In the Senate - Received from the House April 27, 1993;
1-4 May 4, 1993, read first time and referred to Committee on Criminal
1-5 Justice; May 14, 1993, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 5, Nays 1; May 14, 1993,
1-7 sent to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Whitmire x
1-11 Brown x
1-12 Nelson x
1-13 Sibley x
1-14 Sims x
1-15 Turner x
1-16 West x
1-17 COMMITTEE SUBSTITUTE FOR H.B. No. 1776 By: Sibley
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to the issuance of a license to carry a handgun; providing
1-21 penalties.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-24 Article 4413(29ee) to read as follows:
1-25 Art. 4413(29ee). LICENSE TO CARRY HANDGUN
1-26 Sec. 1. DEFINITIONS. In this article:
1-27 (1) "Action" means revolver or semi-automatic action.
1-28 (2) "Alcoholic beverage" has the meaning assigned by
1-29 Section 1.04, Alcoholic Beverage Code, and its subsequent
1-30 amendments.
1-31 (3) "Chemically dependent person" means a person who
1-32 frequently or repeatedly becomes intoxicated by excessive
1-33 indulgence in alcohol or uses controlled substances or dangerous
1-34 drugs so as to acquire a fixed habit and an involuntary tendency to
1-35 become intoxicated or use those substances as often as the
1-36 opportunity is presented.
1-37 (4) "Concealed handgun" means a handgun, the presence
1-38 of which is not openly discernible to the ordinary observation of a
1-39 reasonable person.
1-40 (5) "Controlled substance" has the meaning assigned by
1-41 Section 481.002, Health and Safety Code, and its subsequent
1-42 amendments.
1-43 (6) "Convicted" means an adjudication of guilt or an
1-44 order of deferred adjudication entered against a person by a court
1-45 of competent jurisdiction whether or not:
1-46 (A) the sentence is subsequently probated and
1-47 the person is discharged from probation; or
1-48 (B) the person is pardoned for the offense,
1-49 unless the pardon is expressly granted for subsequent proof of
1-50 innocence.
1-51 (7) "Dangerous drug" has the meaning assigned by
1-52 Section 483.001, Health and Safety Code, and its subsequent
1-53 amendments.
1-54 (8) "Department" means the Department of Public
1-55 Safety, including employees of the department.
1-56 (9) "Director" means the director of the Department of
1-57 Public Safety or the director's designee.
1-58 (10) "Handgun" has the meaning assigned by Section
1-59 46.01, Penal Code, and its subsequent amendments.
1-60 (11) "Intoxicated" has the meaning assigned by Section
1-61 (a)(2), Article 6701l-1, Revised Statutes, and its subsequent
1-62 amendments.
1-63 (12) "Qualified handgun instructor" means a person who
1-64 is certified to instruct in the use of handguns by the department.
1-65 (13) "Unsound mind" means the mental condition of a
1-66 person who:
1-67 (A) has been adjudicated mentally incompetent,
1-68 mentally ill, or not guilty of a criminal offense by reason of
2-1 insanity; or
2-2 (B) has been diagnosed by a licensed physician,
2-3 psychologist, professional counselor, or marriage and family
2-4 therapist as being characterized by a mental disorder or infirmity
2-5 that renders the person incapable of managing the person's self or
2-6 the person's affairs, unless the person furnishes a certificate
2-7 from a licensed physician, psychologist, professional counselor, or
2-8 marriage and family therapist stating that the person is no longer
2-9 disabled.
2-10 (14) "Exposed handgun" means a handgun, carried in a
2-11 holster, the presence of which is openly discernible to the
2-12 ordinary observation of a reasonable person.
2-13 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
2-14 license to carry a concealed or an exposed handgun if the person:
2-15 (1) is a resident and a citizen of this state for the
2-16 six-month period preceding the date of application under this
2-17 article;
2-18 (2) is at least 21 years of age;
2-19 (3) has not been convicted of a felony or adjudicated
2-20 as having engaged in delinquent conduct under Title 3, Family Code,
2-21 that violated a penal law of the grade of felony;
2-22 (4) is not charged with the commission of a Class A or
2-23 Class B misdemeanor or of a felony under an information or
2-24 indictment;
2-25 (5) is not a fugitive from justice for a felony or a
2-26 Class A or Class B misdemeanor;
2-27 (6) is not a chemically dependent person;
2-28 (7) is not a person of unsound mind; and
2-29 (8) has not, in the five years preceding the date of
2-30 application, been convicted of a Class A or Class B misdemeanor.
2-31 (b) For the purposes of this section, an offense under the
2-32 laws of this state, another state, or the United States is:
2-33 (1) a felony if confinement for one year or more in a
2-34 penitentiary is affixed to the offense as a possible punishment;
2-35 and
2-36 (2) a Class A misdemeanor if the offense is not a
2-37 felony and confinement in a jail is affixed as a possible
2-38 punishment.
2-39 Sec. 3. APPLICATION. (a) An applicant for a license to
2-40 carry a concealed or an exposed handgun must submit to the
2-41 director's designee described by Section 4 of this article:
2-42 (1) a completed application on a form provided by the
2-43 department that requires only the information listed in Subsection
2-44 (b) of this section;
2-45 (2) two recent color passport photographs of the
2-46 applicant;
2-47 (3) a certified copy of the applicant's birth
2-48 certificate or certified proof of age;
2-49 (4) proof of residency in this state;
2-50 (5) two complete sets of legible and classifiable
2-51 fingerprints of the applicant taken by a law enforcement agency on
2-52 a form approved by the department;
2-53 (6) a nonrefundable application and license fee of
2-54 $140 paid to the department;
2-55 (7) a handgun proficiency certificate described by
2-56 Section 16 of this article;
2-57 (8) an affidavit signed by the applicant stating that
2-58 the applicant:
2-59 (A) has read and understands each provision of
2-60 this article that creates an offense under the laws of this state
2-61 and each provision of the laws of this state related to use of
2-62 deadly force; and
2-63 (B) fulfills all the eligibility requirements
2-64 listed under Section 2 of this article; and
2-65 (9) a form executed by the applicant that waives
2-66 confidentiality provided by the Freedom of Information Act (5
2-67 U.S.C. Section 552) and its subsequent amendments, the Right of
2-68 Privacy Act (5 U.S.C. Section 552a) and its subsequent amendments,
2-69 or other law and authorizes any law enforcement agency or the
2-70 director's designee to make an inquiry into any records, including
3-1 medical records, and records regarding the mental health of the
3-2 applicant that are considered necessary by the director's designee
3-3 to determine the applicant's eligibility for a license.
3-4 (b) An applicant must provide on the application a statement
3-5 of the applicant's:
3-6 (1) full name and place and date of birth;
3-7 (2) race and sex;
3-8 (3) residence and business addresses for the preceding
3-9 five years;
3-10 (4) hair and eye color;
3-11 (5) height and weight;
3-12 (6) driver's license number or identification
3-13 certificate number issued by the department;
3-14 (7) criminal history, including:
3-15 (A) a list of offenses for which the applicant
3-16 was arrested, charged, or under an information or indictment and
3-17 the disposition of the offenses; and
3-18 (B) a description of allegations under Title 3,
3-19 Family Code, of delinquent conduct that violated a penal law of the
3-20 grade of a felony and for which the applicant was taken into
3-21 custody or referred to a juvenile court and the disposition of the
3-22 case; and
3-23 (8) history during the preceding five years, if any,
3-24 of treatment for a psychological disorder or commitment to or
3-25 residence in a psychiatric hospital or a drug or alcohol treatment
3-26 center licensed to provide drug or alcohol treatment under the laws
3-27 of this state or another state.
3-28 (c) The department shall distribute on request a copy of
3-29 this article and application materials. The application must
3-30 contain a conspicuous notice that states that the application is a
3-31 government record and falsification of the application is an
3-32 offense.
3-33 Sec. 4. RECEIPT OF APPLICATION MATERIALS. (a) A person
3-34 applying for a license to carry a concealed or an exposed handgun
3-35 must apply in person and display a driver's license or
3-36 identification certificate issued by the department to the
3-37 director's designee in the county in which the applicant resides.
3-38 (b) The director's designee may not accept an application
3-39 unless all items listed in Section 3(a) of this article are
3-40 submitted. The director's designee shall accept an application
3-41 that contains all necessary information and supporting documents.
3-42 If all required items are submitted, the director's designee shall
3-43 give the applicant a receipt for the completed application
3-44 materials endorsed with the date of submission.
3-45 (c) Not later than the 30th day after the date the
3-46 director's designee receives the completed application materials,
3-47 the director's designee shall forward the materials to the
3-48 appropriate division of the department at the department's Austin
3-49 headquarters.
3-50 (d) The director's designee shall conduct a criminal history
3-51 records check of the applicant and an investigation of the
3-52 applicant's local official records to verify the accuracy of the
3-53 application materials. The scope and duration of the records check
3-54 and investigation are at the sole discretion of the department.
3-55 The director's designee shall submit the results to the appropriate
3-56 division of the department at the department's Austin headquarters
3-57 with the application materials. The director's designee also may
3-58 submit to the appropriate division of the department at the
3-59 department's Austin headquarters a written recommendation for
3-60 disapproval of the application, accompanied by an affidavit stating
3-61 personal knowledge or naming persons with personal knowledge of a
3-62 ground for denial under Section 2 of this article.
3-63 Sec. 5. LICENSE. (a) The department may issue a license to
3-64 carry a concealed or an exposed handgun to an applicant if the
3-65 applicant meets all the eligibility requirements and submits all
3-66 the application materials. The department may issue a license to
3-67 carry handguns only of the category or categories of handguns
3-68 indicated on the applicant's certificate of proficiency issued
3-69 under Section 16 of this article. The department shall administer
3-70 the licensing procedures in good faith so that any applicant who
4-1 meets all the eligibility requirements and submits all the
4-2 application materials shall receive a license. The department may
4-3 not deny an application on the basis of a capricious or arbitrary
4-4 decision by the department.
4-5 (b) The department, not later than the 90th day after the
4-6 date of the receipt by the director's designee of the completed
4-7 application materials, shall:
4-8 (1) issue the license; or
4-9 (2) notify the applicant in writing that the
4-10 application was denied:
4-11 (A) on the grounds that the applicant failed to
4-12 qualify under the criteria listed in Section 2 of this article;
4-13 (B) based on the affidavit of the director's
4-14 designee submitted to the department under Section 4(d) of this
4-15 article; or
4-16 (C) based on the affidavit of the qualified
4-17 handgun instructor submitted to the department under Section 16(c)
4-18 of this article.
4-19 (c) If the department issues a license, the department shall
4-20 notify the sheriff of the county in which the license holder
4-21 resides that a license has been issued to the license holder. On
4-22 request of a local law enforcement agency, the department shall
4-23 notify the agency of the licenses that have been issued to license
4-24 holders who reside in the county in which the agency is located.
4-25 (d) A license issued under this article is effective from
4-26 the date of issuance.
4-27 (e) The department, by rule, shall adopt the form of the
4-28 license. A license must include:
4-29 (1) a number assigned to the license holder by the
4-30 department;
4-31 (2) a statement of the period for which the license is
4-32 effective;
4-33 (3) a statement of the category or categories of
4-34 handguns the license holder may carry as provided by Subsection (f)
4-35 of this section;
4-36 (4) a color photograph of the license holder; and
4-37 (5) the license holder's full name, date of birth,
4-38 residence address, hair and eye color, height, weight, signature,
4-39 and the number of a driver's license or an identification
4-40 certificate issued to the license holder by the department.
4-41 (f) A category of handguns contains handguns of certain
4-42 calibers and actions. The categories of handguns are as follows:
4-43 (1) SA1: semi-automatic handguns of any caliber;
4-44 (2) SA2: semi-automatic handguns that are smaller
4-45 than 9mm caliber;
4-46 (3) R1: revolvers of any caliber; and
4-47 (4) R2: revolvers that are smaller than .38 caliber.
4-48 (g) On a demand by a magistrate, an officer of a court of
4-49 competent jurisdiction, or a peace officer that a license holder
4-50 display the license holder's handgun license, the license holder
4-51 shall display both the license and the license holder's driver's
4-52 license or identification certificate issued by the department.
4-53 (h) If a license holder is carrying a handgun on or about
4-54 the license holder's person when a magistrate, an officer of a
4-55 court of competent jurisdiction, or a peace officer demands that
4-56 the license holder display identification, the license holder shall
4-57 display both the license holder's driver's license or
4-58 identification certificate issued by the department and the license
4-59 holder's handgun license.
4-60 (i) A person commits an offense if the person fails or
4-61 refuses to display the license and identification as required by
4-62 Subsection (g) or (h) of this section. An offense under this
4-63 subsection is a Class C misdemeanor.
4-64 Sec. 6. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
4-65 LICENSE. (a) Not later than the 30th day after the date of
4-66 receipt of a written notice of denial, revocation, or suspension of
4-67 a license, the applicant or license holder may petition a justice
4-68 court in the county in which the applicant or license holder
4-69 resides for a hearing to review the denial, revocation, or
4-70 suspension. In a proceeding under this section, a justice of the
5-1 peace shall act as an administrative hearing officer. A hearing
5-2 under this section is not subject to the Administrative Procedure
5-3 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-4 Statutes). The department may be represented by a district or
5-5 county attorney, the attorney general, or a designated member of
5-6 the department.
5-7 (b) The justice of the peace shall send a copy of the
5-8 petition to the appropriate division of the department at its
5-9 Austin headquarters by certified mail with notice of a hearing
5-10 date. The hearing must be held not later than the 30th day after
5-11 the petition was filed. The hearing may not be held unless the
5-12 department receives the notice of the hearing not later than the
5-13 10th day before the date of the hearing.
5-14 (c) The justice court shall determine if the denial,
5-15 revocation, or suspension is supported by a preponderance of the
5-16 evidence. Both the applicant or license holder and the department
5-17 may present evidence. The court shall affirm the denial,
5-18 revocation, or suspension if the court determines that denial,
5-19 revocation, or suspension was supported by a preponderance of the
5-20 evidence. If the court determines that the denial, revocation, or
5-21 suspension was not supported by a preponderance of the evidence,
5-22 the court shall order the department to immediately issue or return
5-23 the license to the applicant or license holder.
5-24 (d) A proceeding under this section is subject to Chapter
5-25 105, Civil Practice and Remedies Code, and its subsequent
5-26 amendments relating to fees, expenses, and attorney's fees.
5-27 (e) A party adversely affected by the court's ruling
5-28 following a hearing under this section may appeal the ruling by
5-29 filing within 30 days after the ruling a petition in a county court
5-30 at law in the county in which the applicant or license holder
5-31 resides or, if there is no county court at law in the county, in
5-32 the county court of the county. A person who appeals under this
5-33 section must send by certified mail a copy of the person's
5-34 petition, certified by the clerk of the court in which the petition
5-35 is filed, to the appropriate division of the department at its
5-36 Austin headquarters. The trial on appeal shall be a trial de novo
5-37 without a jury. The department may be represented by a district or
5-38 county attorney or the attorney general.
5-39 (f) A suspension of a license may not be probated.
5-40 (g) If an applicant or a license holder does not petition
5-41 the justice court, a denial becomes final and a revocation or
5-42 suspension takes effect on the 30th day after receipt of written
5-43 notice.
5-44 Sec. 7. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
5-45 person, after applying for or receiving a license, moves from the
5-46 address stated in the application or on the license or if the name
5-47 of the person is changed by marriage or otherwise, the person
5-48 shall, not later than the 30th day after the date of the address or
5-49 name change, notify the department and provide the department with
5-50 the number of the person's license if a license has been issued and
5-51 the person's:
5-52 (1) former and new addresses; or
5-53 (2) former and new names.
5-54 (b) If the name of the license holder is changed by marriage
5-55 or otherwise, the person shall apply for a duplicate license.
5-56 (c) If a license holder moved from the address on the
5-57 license, the person shall apply for a duplicate license.
5-58 (d) The department shall charge a license holder a fee of
5-59 $10 for a duplicate license.
5-60 (e) The department shall make the forms available on
5-61 request.
5-62 (f) The department shall notify the sheriff of the county in
5-63 which a license holder resides of a change made under Subsection
5-64 (a) of this section by the license holder. On request of a local
5-65 law enforcement agency, the department shall notify the agency of
5-66 changes made under Subsection (a) of this section by license
5-67 holders who reside in the county in which the agency is located.
5-68 (g) If a license is lost, stolen, or destroyed, the license
5-69 holder shall apply for a duplicate license not later than the 30th
5-70 day after the date of the loss, theft, or destruction of the
6-1 license.
6-2 (h) If a license holder is required under this section to
6-3 apply for a duplicate license and the license expires not later
6-4 than the 60th day after the date of the loss, theft, or destruction
6-5 of the license, the applicant may renew the license with the
6-6 modified information included on the new license. The applicant
6-7 shall pay only the nonrefundable renewal fee.
6-8 Sec. 8. EXPIRATION. (a) A license issued under this
6-9 article expires on the first birthday of the license holder
6-10 occurring after the fourth anniversary of the date of issuance.
6-11 (b) A renewed license expires on the license holder's
6-12 birthdate, four years after the date of the expiration of the
6-13 previous license.
6-14 (c) A duplicate license expires on the date the license that
6-15 was duplicated would have expired.
6-16 (d) A modified license expires on the date the license that
6-17 was modified would have expired.
6-18 Sec. 9. MODIFICATION. (a) To modify a license to allow a
6-19 license holder to carry a handgun of a different category than the
6-20 license indicates, the license holder must:
6-21 (1) complete a proficiency examination as provided by
6-22 Section 15(d) of this article;
6-23 (2) obtain a handgun proficiency certificate under
6-24 Section 16 of this article not more than six months before the date
6-25 of application for a modified license; and
6-26 (3) submit to the department:
6-27 (A) an application for a modified license on a
6-28 form provided by the department;
6-29 (B) a copy of the handgun proficiency
6-30 certificate;
6-31 (C) payment of a modified license fee of $25;
6-32 and
6-33 (D) two recent color passport photographs of the
6-34 license holder.
6-35 (b) The director by rule shall adopt a modified license
6-36 application form requiring an update of the information on the
6-37 original completed application.
6-38 (c) The department may modify the license of a license
6-39 holder who meets all the eligibility requirements and submits all
6-40 the modification materials. Not later than the 45th day after
6-41 receipt of the modification materials, the department shall issue
6-42 the modified license or notify the license holder in writing that
6-43 the modified license application was denied.
6-44 (d) On receipt of a modified license, the license holder
6-45 shall return the previously issued license to the department.
6-46 Sec. 10. RENEWAL. (a) To renew a license, a license holder
6-47 must:
6-48 (1) complete a continuing education course for handgun
6-49 proficiency under Section 15(d) of this article not more than six
6-50 months before the date of application for renewal;
6-51 (2) obtain a handgun proficiency certificate under
6-52 Section 16 of this article not more than six months before the date
6-53 of application for renewal; and
6-54 (3) submit to the department:
6-55 (A) an application for renewal on a form
6-56 provided by the department;
6-57 (B) a copy of the handgun proficiency
6-58 certificate;
6-59 (C) payment of a nonrefundable renewal fee as
6-60 set by the department; and
6-61 (D) two recent color passport photographs of the
6-62 applicant.
6-63 (b) The director by rule shall adopt a renewal application
6-64 form requiring an update of the information on the original
6-65 completed application. The director by rule shall set the renewal
6-66 fee in an amount that is sufficient to cover the actual cost to the
6-67 department to renew a license. Not later than the 60th day before
6-68 the expiration date of the license, the department shall mail to
6-69 each license holder a written notice of the expiration of the
6-70 license and a renewal form.
7-1 (c) The department may renew the license of a license holder
7-2 who meets all the eligibility requirements and submits all the
7-3 renewal materials. Not later than the 45th day after receipt of
7-4 the renewal materials, the department shall issue the renewal or
7-5 notify the license holder in writing that the renewal application
7-6 was denied.
7-7 Sec. 11. REVOCATION. (a) A license may be revoked under
7-8 this section if the license holder:
7-9 (1) was not entitled to the license at the time it was
7-10 issued;
7-11 (2) gave false information on the application;
7-12 (3) subsequently becomes ineligible for a license
7-13 under Section 2 of this article; or
7-14 (4) is convicted of an offense under Section 13 of
7-15 this article.
7-16 (b) If a peace officer believes a reason listed in
7-17 Subsection (a) of this section to revoke a license exists, the
7-18 peace officer shall prepare an affidavit on a form provided by the
7-19 department stating the reason for the revocation of the license and
7-20 giving the department all of the information available to the peace
7-21 officer at the time of the preparation of the form. The officer
7-22 shall attach the officer's reports relating to the license holder
7-23 to the form and send the form and attachments to the appropriate
7-24 division of the department at its Austin headquarters not later
7-25 than the fifth working day after the date the form is prepared.
7-26 The officer shall send a copy of the form without the attachments
7-27 to the license holder. If the license holder has not surrendered
7-28 the license or the license was seized as evidence, the license
7-29 holder shall surrender the license to the appropriate division of
7-30 the department not later than the 30th day after the date the
7-31 license holder receives the notice of revocation from the
7-32 department, unless the license holder petitions a justice court to
7-33 review the revocation. The license holder may petition a justice
7-34 court to review the revocation as provided by Section 6 of this
7-35 article. If the license holder petitions the justice court for a
7-36 hearing, the license holder shall surrender the license on the date
7-37 an order of revocation has been entered.
7-38 (c) A license holder whose license has been revoked for a
7-39 reason listed in this section may reapply as a new applicant for
7-40 the issuance of a license under this article after the second
7-41 anniversary of the date of the revocation if the cause for
7-42 revocation does not exist on the date of the second anniversary.
7-43 If the cause of revocation exists on the date of the second
7-44 anniversary after the date of revocation, the license holder may
7-45 not apply for a new license until the cause for the revocation no
7-46 longer exists and has not existed for a period of two years.
7-47 Sec. 12. SUSPENSION OF LICENSE. (a) A license may be
7-48 suspended under this section if the license holder:
7-49 (1) is convicted of disorderly conduct punishable as a
7-50 Class C misdemeanor under Section 42.01, Penal Code, and its
7-51 subsequent amendments;
7-52 (2) fails to display a license required by Section 5
7-53 of this article;
7-54 (3) fails to notify the department of a change of
7-55 address or name as required by Section 7 of this article;
7-56 (4) carries a concealed or an exposed handgun under
7-57 the authority of this article of a different caliber or action than
7-58 the license holder is licensed to carry;
7-59 (5) has been charged by indictment with the commission
7-60 of an offense that would make the license holder ineligible for a
7-61 license on conviction;
7-62 (6) has been charged by information with the
7-63 commission of an offense that would make the license holder
7-64 ineligible for a license upon conviction, if there is evidence to
7-65 show probable cause to believe that the license holder committed
7-66 the offense; or
7-67 (7) fails to return a previously issued license after
7-68 a license is modified as required by Section 9(d) of this article.
7-69 (b) If any peace officer believes a reason listed in
7-70 Subsection (a) of this section to suspend a license exists, the
8-1 officer shall prepare an affidavit on a form provided by the
8-2 department stating the reason for the suspension of the license and
8-3 giving the department all of the information available to the
8-4 officer at the time of the preparation of the form. The officer
8-5 shall attach the officer's reports relating to the license holder
8-6 to the form and send the form and the attachments to the
8-7 appropriate division of the department at its Austin headquarters
8-8 not later than the fifth working day after the date the form is
8-9 prepared. The officer shall send a copy of the form without the
8-10 attachments to the license holder. If the license holder has not
8-11 surrendered the license or the license was seized as evidence, the
8-12 license holder shall surrender the license to the appropriate
8-13 division of the department not later than the 30th day after the
8-14 date the license holder receives the notice of suspension from the
8-15 department unless the license holder petitions a justice court to
8-16 review the suspension. The license holder may petition a justice
8-17 court to review the suspension as provided by Section 6 of this
8-18 article. If the license holder petitions the justice court for a
8-19 hearing, the license holder shall surrender the license on the date
8-20 an order of suspension is entered.
8-21 (c) A license may be suspended under this section for not
8-22 less than 30 days and not more than two years.
8-23 Sec. 13. OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
8-24 (a) A license holder commits an offense if the license holder
8-25 knowingly carries a handgun on or about his person under the
8-26 authority of this article and fails to conceal the handgun or carry
8-27 the handgun in an exposed holster. An offense under this
8-28 subsection is a Class A misdemeanor.
8-29 (b) A license holder commits an offense if the license
8-30 holder recklessly carries a handgun on or about his person under
8-31 the authority of this article and fails to conceal the handgun or
8-32 carry the handgun in an exposed holster. An offense under this
8-33 subsection is a Class C misdemeanor.
8-34 (c) A license holder commits an offense if the license
8-35 holder recklessly carries a handgun under the authority of this
8-36 article, regardless of whether the handgun is concealed or exposed,
8-37 on or about the license holder's person:
8-38 (1) on the premises of a school or an educational
8-39 institution, whether public or private, unless the license holder
8-40 has written authorization of the institution;
8-41 (2) on the premises of a polling place on the date of
8-42 an election or while early voting is in progress;
8-43 (3) in any government court or offices used by a
8-44 court, unless in accordance with written regulations or written
8-45 authorization of the court;
8-46 (4) on the premises of a business that has a permit or
8-47 license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
8-48 Code, and its subsequent amendments, if the business derives 51
8-49 percent or more of its income from the sale of alcoholic beverages
8-50 for on-premises consumption;
8-51 (5) on the premises of a racetrack;
8-52 (6) in the secured passenger area of any airport;
8-53 (7) on a premises where a high school, collegiate, or
8-54 professional sporting event or interscholastic event is taking
8-55 place, unless the license holder is a participant in a sporting
8-56 event in which a handgun is used; or
8-57 (8) in any other building used by or principally
8-58 occupied by a governmental entity.
8-59 (d) An offense under Subsection (c) of this section is a
8-60 Class B misdemeanor, unless the offense is committed under
8-61 Subsection (c)(4) of this section, in which event the offense is a
8-62 felony of the third degree.
8-63 (e) A license holder commits an offense if the license
8-64 holder recklessly carries a handgun under the authority of this
8-65 article, regardless of whether the handgun is concealed or exposed,
8-66 at any meeting of the governing body of a county, municipality, or
8-67 special district or at any meeting of the state legislature. An
8-68 offense under this subsection is a Class A misdemeanor.
8-69 (f) A license holder commits an offense if the license
8-70 holder recklessly carries a handgun under the authority of this
9-1 article while consuming an alcoholic beverage, while consuming a
9-2 controlled substance or dangerous drug possessed in violation of
9-3 Chapter 481 or 483, Health and Safety Code, and its subsequent
9-4 amendments, or while intoxicated. An offense under this subsection
9-5 is a felony of the third degree.
9-6 (g) A license holder under this article who is licensed as a
9-7 security officer under the Private Investigators and Private
9-8 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-9 Statutes) and its subsequent amendments and employed as a security
9-10 officer commits an offense if, while in the course and scope of the
9-11 security officer's employment, the security officer violates a
9-12 provision of this article. An offense under this subsection is a
9-13 Class A misdemeanor.
9-14 (h) Any judgment of conviction entered by any court under
9-15 this section shall contain the handgun license number of the
9-16 convicted license holder. A certified copy of the judgment is
9-17 conclusive and sufficient evidence to justify revocation of a
9-18 license under Section 11(a)(4) of this article.
9-19 (i) It is an exception to the application of Subsection
9-20 (c)(8) of this section that the license holder is in a parking
9-21 garage or lot used by or principally occupied by a governmental
9-22 entity.
9-23 Sec. 14. LIMITATION OF LIABILITY. (a) A court may not hold
9-24 the state, an agency or subdivision of the state, an officer or
9-25 employee of the state, a peace officer, or a qualified handgun
9-26 instructor liable for damages caused by:
9-27 (1) an action authorized under this article or failure
9-28 to perform a duty imposed by this article; or
9-29 (2) the actions of an applicant or license holder that
9-30 occur after the applicant has received a license or been denied a
9-31 license under this article.
9-32 (b) A cause of action in damages may not be brought against
9-33 the state, an agency or subdivision of the state, an officer or
9-34 employee of the state, a peace officer, or a qualified handgun
9-35 instructor for any damage caused by the actions of an applicant or
9-36 licensee under this article.
9-37 (c) The department is not responsible for any injury or
9-38 damage inflicted on any person by an applicant or licensee arising
9-39 or alleged to have arisen from an action taken by the department
9-40 under this article.
9-41 Sec. 15. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
9-42 shall by rule establish minimum standards for handgun proficiency
9-43 and shall develop a course to teach handgun proficiency and
9-44 examinations to measure handgun proficiency. The course to teach
9-45 handgun proficiency must contain training sessions divided into two
9-46 parts. One part of the course must be classroom instruction and
9-47 the other part must be range instruction and an actual
9-48 demonstration by the applicant of the applicant's ability to safely
9-49 and proficiently use a handgun in a category for which the
9-50 applicant seeks certification. The department shall distribute the
9-51 standards, course requirements, and examinations on request to any
9-52 qualified handgun instructor.
9-53 (b) An applicant may seek certification for one or more
9-54 categories described by Section 5(f) of this article. To meet the
9-55 physical demonstration requirements for certification a person must
9-56 demonstrate the following applicable proficiency:
9-57 (1) for category SA1, an applicant must demonstrate
9-58 proficiency with a semi-automatic handgun of 9mm caliber or larger;
9-59 (2) for category SA2, an applicant must demonstrate
9-60 proficiency with a semi-automatic handgun of smaller than 9mm
9-61 caliber;
9-62 (3) for category R1, an applicant must demonstrate
9-63 proficiency with a revolver of .38 caliber or larger; or
9-64 (4) for category R2, an applicant must demonstrate
9-65 proficiency with a revolver of smaller than .38 caliber.
9-66 (c) A handgun proficiency course must be administered by a
9-67 qualified handgun instructor and must include at least 15 hours of
9-68 instruction on:
9-69 (1) the laws that relate to weapons and to the use of
9-70 deadly force;
10-1 (2) handgun use, proficiency, and safety;
10-2 (3) dispute resolution; and
10-3 (4) proper storage practices for handguns with an
10-4 emphasis on storage practices that eliminate the possibility of
10-5 accidental injury to a child.
10-6 (d) The department shall by rule develop a continuing
10-7 education course in handgun proficiency for a license holder who
10-8 wishes to renew a license. The continuing education course shall
10-9 be administered by a qualified handgun instructor and must include
10-10 at least four hours of instruction on the subjects listed in
10-11 Subsection (c) of this section.
10-12 (e) The proficiency examination to obtain or to renew a
10-13 license must be administered by a qualified handgun instructor and
10-14 must include:
10-15 (1) a written section on the subjects listed in
10-16 Subsection (c) of this section; and
10-17 (2) a physical demonstration of proficiency in the use
10-18 of one or more handguns of one or more categories as provided by
10-19 Subsection (b) of this section and in handgun safety procedures.
10-20 (f) The proficiency examination to modify a license must be
10-21 administered by a qualified handgun instructor and must include a
10-22 physical demonstration of the proficiency in the use of one or more
10-23 handguns of one or more categories as provided by Subsection (b) of
10-24 this section and in handgun safety procedures.
10-25 (g) The department shall develop and distribute directions
10-26 and materials for course instruction, test administration, and
10-27 recordkeeping. All test results shall be sent to the department,
10-28 and the department shall maintain a record of the results.
10-29 (h) A person who wishes to obtain or renew a license to
10-30 carry a concealed or an exposed handgun shall apply in person to a
10-31 qualified handgun instructor to take the appropriate course in
10-32 handgun proficiency, demonstrate handgun proficiency, and obtain a
10-33 handgun proficiency certificate as described by Section 16 of this
10-34 article.
10-35 (i) A license holder who wishes to modify a license to allow
10-36 the license holder to carry a handgun of a different category than
10-37 the license indicates shall apply in person to a qualified handgun
10-38 instructor to take the appropriate proficiency examination and
10-39 obtain a handgun proficiency certificate as described by Section 16
10-40 of this article.
10-41 (j) A certified firearms instructor of the department may
10-42 monitor any class or training presented by a qualified handgun
10-43 instructor. A qualified handgun instructor shall cooperate with
10-44 the department in the department's efforts to monitor the
10-45 presentation of training by the qualified handgun instructor. A
10-46 qualified handgun instructor shall make available for inspection to
10-47 the department any and all records maintained by a qualified
10-48 handgun instructor under this article. The qualified handgun
10-49 instructor shall keep a record of all certificates of handgun
10-50 proficiency issued by the qualified handgun instructor and other
10-51 information required by the department by rule.
10-52 (k) Instruction under this section must be available on
10-53 request in languages other than English.
10-54 Sec. 16. HANDGUN PROFICIENCY CERTIFICATE. (a) The
10-55 department shall develop a sequentially numbered handgun
10-56 proficiency certificate and distribute the certificate to qualified
10-57 handgun instructors who administer the handgun proficiency
10-58 examination described in Section 15 of this article. The
10-59 department by rule may set a fee in an amount sufficient to cover
10-60 the costs of the certificates.
10-61 (b) If a person successfully completes the proficiency
10-62 requirements as described in Section 15 of this article, the
10-63 instructor shall endorse a certificate of handgun proficiency
10-64 provided by the department. An applicant must successfully
10-65 complete both classroom and range instruction to receive a
10-66 certificate. The certificate must indicate the category or
10-67 categories of handguns for which the applicant demonstrated
10-68 proficiency during the examination.
10-69 (c) A qualified handgun instructor may submit to the
10-70 department a written recommendation for disapproval of the
11-1 application for a license, renewal, or modification of a license,
11-2 accompanied by an affidavit stating personal knowledge or naming
11-3 persons with personal knowledge of facts that lead the instructor
11-4 to believe that an applicant is not qualified for handgun
11-5 proficiency certification despite the applicant's completion of the
11-6 proficiency requirements as described by Section 15 of this
11-7 article.
11-8 Sec. 17. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
11-9 by rule shall establish requirements for the certification of a
11-10 qualified handgun instructor. The department by rule may waive a
11-11 proficiency demonstration requirement for certification under this
11-12 section for a peace officer or a person who is employed by an
11-13 educational institution and who instructs peace officers in the use
11-14 of handguns.
11-15 (b) A qualified handgun instructor must be qualified to
11-16 instruct persons in:
11-17 (1) the laws that relate to weapons and to the use of
11-18 deadly force;
11-19 (2) handgun use, proficiency, and safety;
11-20 (3) dispute resolution; and
11-21 (4) proper storage practices for handguns, including
11-22 storage practices that eliminate the possibility of accidental
11-23 injury to a child.
11-24 (c) A qualified handgun instructor must possess a license
11-25 issued under this article to carry a concealed or an exposed
11-26 handgun.
11-27 (d) The department shall provide training to an individual
11-28 who applies for certification as a qualified handgun instructor.
11-29 An applicant shall pay a fee of $100 to the department for the
11-30 training. An applicant must take and successfully complete the
11-31 training offered by the department, pay the training fee, and
11-32 obtain a license to carry a concealed or an exposed handgun before
11-33 the department may certify the applicant as a qualified handgun
11-34 instructor. The department shall waive the requirements regarding
11-35 a handgun proficiency certification under Section 16 of this
11-36 article for an applicant for a license to carry a concealed or an
11-37 exposed handgun who takes and successfully completes training under
11-38 this subsection and pays the training fee. The department by rule
11-39 may prorate or waive the training fee for an employee of another
11-40 governmental entity.
11-41 (e) The certification of a qualified handgun instructor
11-42 expires on the first anniversary after the date of certification.
11-43 To renew a certification, the qualified handgun instructor must pay
11-44 a fee of $100 and take and successfully complete the retraining
11-45 courses required by rule of the department.
11-46 (f) After certification, a qualified handgun instructor may
11-47 conduct training for applicants for a license under this article.
11-48 (g) If the department revokes, suspends, or denies a license
11-49 to carry a concealed or an exposed handgun of a qualified handgun
11-50 instructor or an applicant for certification as a qualified handgun
11-51 instructor, the department shall take the same action against the
11-52 certification as a qualified handgun instructor.
11-53 Sec. 18. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
11-54 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
11-55 the review of a denial, revocation, or suspension of a license
11-56 under Section 6 of this article apply to the review of a denial,
11-57 revocation, or suspension of certification as a qualified handgun
11-58 instructor. The notice provisions of this article relating to
11-59 denial, revocation, or suspension of handgun licenses apply to the
11-60 proposed denial, revocation, or suspension of a certification of a
11-61 qualified handgun instructor or applicant therefor.
11-62 Sec. 19. CONFIDENTIALITY OF RECORDS. The department may
11-63 disclose whether or not an individual is licensed under this
11-64 article. All other records maintained under this article are
11-65 confidential and are not subject to mandatory disclosure under the
11-66 open records law, Chapter 424, Acts of the 63rd Legislature,
11-67 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
11-68 Statutes), and its subsequent amendments.
11-69 Sec. 20. RULES. The director shall adopt rules to
11-70 administer this article.
12-1 Sec. 21. FUNDS. The department shall forward the fees
12-2 collected under this article to the comptroller of public accounts.
12-3 The comptroller shall deposit the fees to the credit of an account
12-4 in the general revenue fund to be known as the handgun license
12-5 account. The legislature may appropriate funds from the account
12-6 only for the purpose of paying the costs of the department in
12-7 implementing this article. At the end of each fiscal year, the
12-8 comptroller shall transfer 95 percent of the excess funds in the
12-9 account to the general revenue fund. The legislature may
12-10 appropriate the remaining five percent of the excess funds only to
12-11 the department for the purpose of providing handgun safety or safe
12-12 storage classes to the public and advertising the classes to the
12-13 public.
12-14 Sec. 22. APPLICATION TO PEACE OFFICERS. Except as provided
12-15 by Section 26 of this article, the provisions of this article
12-16 relating to the carrying of concealed or exposed weapons do not
12-17 apply to a peace officer, unless the peace officer applies to be
12-18 certified as a qualified handgun instructor.
12-19 Sec. 23. NOTICE. (a) For the purpose of a notice required
12-20 by this article, the department may assume that the address
12-21 currently reported to the department by the applicant or license
12-22 holder is the correct address.
12-23 (b) A written notice meets the requirements under this
12-24 article if the notice is sent by certified mail to the current
12-25 address reported by the applicant or license holder to the
12-26 department.
12-27 (c) If a notice is returned to the department because the
12-28 notice is not deliverable, the department may give notice by
12-29 publication once in a newspaper of general interest in the county
12-30 of the applicant's or license holder's last reported address. On
12-31 the 31st day after the date the notice is published, the department
12-32 may take the action proposed in the notice.
12-33 Sec. 24. METHOD OF PAYMENT. A person may pay a fee required
12-34 by this article only by cashier's check, money order made payable
12-35 to the "Texas Department of Public Safety," or any other method
12-36 approved by the department. A fee received by the department under
12-37 this article is nonrefundable.
12-38 Sec. 25. LICENSE A BENEFIT. The issuance of a license under
12-39 this article is a benefit to the license holder for purposes of
12-40 those sections of the Penal Code to which the definition of
12-41 "benefit" under Section 1.07, Penal Code, and its subsequent
12-42 amendments apply.
12-43 Sec. 26. HONORABLY RETIRED PEACE OFFICERS. (a) On
12-44 retirement, a person who is licensed as a peace officer under
12-45 Chapter 415, Government Code, and its subsequent amendments, and
12-46 who has been employed full-time as a peace officer by a law
12-47 enforcement agency may apply under this section for an original
12-48 license to carry a concealed or an exposed handgun. Sections 2 and
12-49 3 of this article do not apply to an applicant for an original
12-50 license issued under this section.
12-51 (b) An application under this section must be made not later
12-52 than the 90th day after the date of retirement.
12-53 (c) An applicant under this section must submit two complete
12-54 sets of legible and classifiable fingerprints and a sworn statement
12-55 from the head of the law enforcement agency employing the
12-56 applicant. The statement must include:
12-57 (1) the name and rank of the applicant;
12-58 (2) the status of the applicant before retirement;
12-59 (3) whether or not the applicant was accused of
12-60 misconduct at the time of the retirement;
12-61 (4) the physical and mental condition of the
12-62 applicant;
12-63 (5) the type of weapons the applicant had demonstrated
12-64 proficiency with during the last year of employment;
12-65 (6) whether the applicant would be eligible for
12-66 reemployment with the agency, and if not, the reasons the applicant
12-67 is not eligible; and
12-68 (7) a recommendation from the agency head regarding
12-69 the issuance of a license under this article.
12-70 (d) An applicant under this section is eligible for a
13-1 license under this article if the applicant is honorably retired
13-2 and physically and emotionally fit to possess a handgun. In this
13-3 subsection, "honorably retired" means the applicant:
13-4 (1) did not retire in lieu of any disciplinary action;
13-5 (2) was employed as a full-time peace officer for not
13-6 less than 10 years by one agency; and
13-7 (3) is entitled to receive a pension or annuity for
13-8 service as a law enforcement officer.
13-9 (e) An applicant under this section must pay a fee of $25 to
13-10 the department for a license issued under this article. The
13-11 department may issue a license to carry concealed or exposed
13-12 handguns only of the category or categories of handguns for which
13-13 the applicant demonstrated proficiency during the last year of
13-14 employment.
13-15 (f) If the applicant fails to qualify for a license under
13-16 this section, the department, not later than the 90th day after the
13-17 date of receipt of the completed application, shall notify the
13-18 applicant in writing and state the reasons for the denial. The
13-19 applicant may appeal the denial as provided by Section 6 of this
13-20 article.
13-21 (g) A license holder who obtains a license under this
13-22 section may modify or renew the license as provided by Section 9 or
13-23 10 of this article.
13-24 Sec. 27. APPLICATION TO LICENSED SECURITY OFFICERS. This
13-25 article does not exempt a license holder who is also employed as a
13-26 security officer and licensed under the Private Investigators and
13-27 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
13-28 Civil Statutes) from the duty to comply with the provisions of that
13-29 Act or Section 46.02, Penal Code, and its subsequent amendments.
13-30 SECTION 2. Section 37.01(1), Penal Code, is amended to read
13-31 as follows:
13-32 (1) "Governmental record" means:
13-33 (A) anything belonging to, received by, or kept
13-34 by government for information, including an application for a
13-35 license to carry a concealed or an exposed handgun under Article
13-36 4413(29ee), Revised Statutes;
13-37 (B) anything required by law to be kept by
13-38 others for information of government; or
13-39 (C) a license, certificate, permit, seal, title,
13-40 or similar document issued by government, including a license to
13-41 carry a concealed or an exposed handgun issued under Article
13-42 4413(29ee), Revised Statutes.
13-43 SECTION 3. Section 46.03(a), Penal Code, is amended to read
13-44 as follows:
13-45 (a) The provisions of Section 46.02 of this code do not
13-46 apply to a person:
13-47 (1) in the actual discharge of his official duties as
13-48 a member of the armed forces or state military forces as defined by
13-49 Section 431.001, Government Code, or as a guard employed by a penal
13-50 institution;
13-51 (2) on his own premises or premises under his control
13-52 unless he is an employee or agent of the owner of the premises and
13-53 his primary responsibility is to act in the capacity of a security
13-54 guard to protect persons or property, in which event he must comply
13-55 with Subdivision (5) of this subsection;
13-56 (3) traveling;
13-57 (4) engaging in lawful hunting, fishing, or other
13-58 sporting activity if the weapon is a type commonly used in the
13-59 activity;
13-60 (5) who holds a security officer commission issued by
13-61 the Texas Board of Private Investigators and Private Security
13-62 Agencies, if:
13-63 (A) he is engaged in the performance of his
13-64 duties as a security officer or traveling to and from his place of
13-65 assignment;
13-66 (B) he is wearing a distinctive uniform; and
13-67 (C) the weapon is in plain view; <or>
13-68 (6) who is a peace officer, other than a person
13-69 commissioned by the Texas State Board of Pharmacy; or
13-70 (7) carrying a handgun and a valid license issued
14-1 under Article 4413(29ee), Revised Statutes, to carry a concealed
14-2 or exposed handgun of the same caliber and action as the handgun
14-3 the person is carrying.
14-4 SECTION 4. Section 51.14, Family Code, is amended by
14-5 amending Subsection (a) and adding Subsection (g) to read as
14-6 follows:
14-7 (a) Except as provided by Subsections <Subsection> (e) and
14-8 (g) of this section, all files and records of a juvenile court, a
14-9 clerk of court, or a prosecuting attorney relating to a child who
14-10 is a party to a proceeding under this title are open to inspection
14-11 only by:
14-12 (1) the judge, probation officers, and professional
14-13 staff or consultants of the juvenile court;
14-14 (2) an attorney for a party to the proceeding;
14-15 (3) a public or private agency or institution
14-16 providing supervision of the child by arrangement of the juvenile
14-17 court, or having custody of the child under juvenile court order;
14-18 or
14-19 (4) with leave of juvenile court, any other person,
14-20 agency, or institution having a legitimate interest in the
14-21 proceeding or in the work of the court.
14-22 (g) For the purpose of investigating an applicant for a
14-23 license to carry a concealed or an exposed handgun under Article
14-24 4413(29ee), Revised Statutes, the Department of Public Safety may
14-25 obtain the applicant's record of adjudication of delinquent conduct
14-26 by submitting a request for the record to the juvenile court. The
14-27 court shall certify a copy of the record and issue the record to
14-28 the department.
14-29 SECTION 5. Section 51.16, Family Code, is amended by
14-30 amending Subsections (f) and (h) and adding Subsection (m) to read
14-31 as follows:
14-32 (f) Except as provided by Subsection (m) of this section,
14-33 inspection <Inspection> of the sealed files and records may be
14-34 permitted thereafter by an order of the juvenile court on the
14-35 petition of the person who is the subject of the files or records
14-36 and only by those persons named in the order.
14-37 (h) A person whose files and records have been sealed under
14-38 this Act is not required in any proceeding or in any application
14-39 for employment, information, or licensing other than licensing
14-40 under Article 4413(29ee), Revised Statutes, to state that he has
14-41 been the subject of a proceeding under this Act; and any statement
14-42 that he has never been found to be a delinquent child shall never
14-43 be held against the person in any criminal or civil proceeding.
14-44 (m) The juvenile court shall permit the inspection by the
14-45 Department of Public Safety of the sealed files and records of a
14-46 person who applies for a license to carry a concealed or an exposed
14-47 handgun under Article 4413(29ee), Revised Statutes.
14-48 SECTION 6. (a) At the general election to be held November
14-49 2, 1993, the voters shall be permitted to vote in a referendum on
14-50 the question of whether the state should issue licenses to carry
14-51 handguns.
14-52 (b) The ballot shall be printed to provide for voting for or
14-53 against the proposition: "Authorizing the issuance by the state of
14-54 licenses to carry handguns."
14-55 (c) The proposition shall be printed on the ballot beneath
14-56 the proposed constitutional amendments under the
14-57 heading: "Referendum Proposition."
14-58 (d) Notice of the election shall be given by inclusion of
14-59 the proposition in the proclamation by the governor ordering the
14-60 election on the proposed amendments to the state constitution and
14-61 in the notice of that election given by each county judge.
14-62 (e) Returns of the votes cast on the proposition shall be
14-63 prepared and canvassed in the same manner as the returns on the
14-64 proposed constitutional amendments.
14-65 (f) Immediately after the results of the election are
14-66 certified by the governor, the secretary of state shall transmit a
14-67 copy of the certification to the lieutenant governor and the
14-68 speaker of the house of representatives.
14-69 (g) The Department of Public Safety may not issue licenses
14-70 to carry handguns under this Act if a majority of the votes cast in
15-1 the referendum under this article are against the proposition.
15-2 (h) Except as provided in Subsection (i) of this section,
15-3 the rule of construction stated in Section 311.032, Government Code
15-4 (Code Construction Act), applies to the construction of this Act.
15-5 (i) If a majority of the votes cast in the referendum oppose
15-6 the proposition and subsequently the portion of this article
15-7 requiring a referendum is held invalid by a final judgment of a
15-8 court of competent jurisdiction, this Act expires on the date on
15-9 which the judgment of the court becomes final.
15-10 (j) It is the legislature's strong intention that, though
15-11 the legislature has rarely conducted a referendum on matters of
15-12 statewide importance, the will of the people should be honored and
15-13 take precedence over any prior constitutional rule of law given the
15-14 nature of this particular issue in our state.
15-15 (k) If the voters approve the issuance by the state of
15-16 licenses to carry handguns as provided by this section, a license
15-17 issued under this Act before April 1, 1994, is not effective until
15-18 April 1, 1994. A license issued before April 1, 1994, shall be
15-19 clearly marked to reflect the date on which it becomes effective,
15-20 and the director of the Department of Public Safety shall inform
15-21 each recipient of a license before that date that the license is
15-22 not effective until that date.
15-23 (l) Notwithstanding Section 8(a), Article 4413(29ee),
15-24 Revised Statutes, as added by this Act, the Department of Public
15-25 Safety by rule may adopt a system to implement staggered and evenly
15-26 distributed license expiration dates over the four-year period
15-27 beginning April 1, 1994. The department may not issue a license
15-28 that is effective for less than two years. A license that is
15-29 effective for less than four years and is renewed expires as
15-30 provided by Section 8(b), Article 4413(29ee), Revised Statutes, as
15-31 added by this Act. Notwithstanding Section 39(a)(6), Article
15-32 4413(29ee), Revised Statutes, as added by this Act, the department
15-33 by rule shall prorate the nonrefundable application and license fee
15-34 for applicants who receive licenses that are effective for less
15-35 than four years under this subsection.
15-36 (m) This Act takes effect September 1, 1993; except that the
15-37 sections of this Act that add Article 4413(29ee), Revised Statutes,
15-38 and amend Sections 37.01(l) and 46.03(a), Penal Code, and Sections
15-39 51.14 and 51.16, Family Code, take effect January 1, 1994.
15-40 SECTION 7. (a) The change in law made by Article
15-41 4413(29ee), Revised Statutes, as added by this Act, and Sections
15-42 37.01(l) and 46.03(a), Penal Code, as amended by this Act, applies
15-43 only to an offense committed on or after April 1, 1994. For
15-44 purposes of this section, an offense is committed before that date
15-45 if any element of the offense occurs before that date.
15-46 (b) An offense committed before April 1, 1994, is covered by
15-47 the law in effect when the offense was committed, and the former
15-48 law is continued in effect for that purpose.
15-49 SECTION 8. The importance of this legislation and the
15-50 crowded condition of the calendars in both houses create an
15-51 emergency and an imperative public necessity that the
15-52 constitutional rule requiring bills to be read on three several
15-53 days in each house be suspended, and this rule is hereby suspended.
15-54 * * * * *
15-55 Austin,
15-56 Texas
15-57 May 14, 1993
15-58 Hon. Bob Bullock
15-59 President of the Senate
15-60 Sir:
15-61 We, your Committee on Criminal Justice to which was referred H.B.
15-62 No. 1776, have had the same under consideration, and I am
15-63 instructed to report it back to the Senate with the recommendation
15-64 that it do not pass, but that the Committee Substitute adopted in
15-65 lieu thereof do pass and be printed.
15-66 Whitmire,
15-67 Chairman
15-68 * * * * *
15-69 WITNESSES
15-70 FOR AGAINST ON
16-1 ___________________________________________________________________
16-2 Name: Charles Cotton x
16-3 Representing: Self
16-4 City: Houston
16-5 -------------------------------------------------------------------
16-6 Name: Noel Brinkley x
16-7 Representing: Self
16-8 City: Elgin
16-9 -------------------------------------------------------------------
16-10 Name: Doyle Swift x
16-11 Representing: Self
16-12 City: Austin
16-13 -------------------------------------------------------------------
16-14 Name: James T. Brown x
16-15 Representing: Tx State Rifle Association
16-16 City: Austin
16-17 -------------------------------------------------------------------
16-18 Name: James Milner x
16-19 Representing: NRA
16-20 City: Washington D.C.
16-21 -------------------------------------------------------------------
16-22 Name: Randall Scott Gaines x
16-23 Representing: Self
16-24 City: Waco
16-25 -------------------------------------------------------------------
16-26 Name: Don Leigh x
16-27 Representing: Self
16-28 City: Austin
16-29 -------------------------------------------------------------------
16-30 Name: Benjamin Bishop x
16-31 Representing: Self
16-32 City: Austin
16-33 -------------------------------------------------------------------
16-34 Name: Maj. Donald A. Loucks x
16-35 Representing: Self
16-36 City: Del Valle
16-37 -------------------------------------------------------------------
16-38 Name: Winston Kriger x
16-39 Representing: Self
16-40 City: Austin
16-41 -------------------------------------------------------------------
16-42 Name: Ralph Willard x
16-43 Representing: Grand Jury Assn.
16-44 City: Austin
16-45 -------------------------------------------------------------------
16-46 Name: Mayor Bruce Todd x
16-47 Representing: City of Austin/Muscle Mayors
16-48 City: Austin
16-49 -------------------------------------------------------------------
16-50 Name: William A. Lawson x
16-51 Representing: Wheeler Ave. Baptist Church
16-52 City: Houston
16-53 -------------------------------------------------------------------
16-54 Name: Nancy Adair x
16-55 Representing: Tx Public Health Assn.
16-56 City: Austin
16-57 -------------------------------------------------------------------
16-58 Name: Sheila Jackson Lee x
16-59 Representing: Mayor ANS City of Houston
16-60 City: Houston
16-61 -------------------------------------------------------------------
16-62 Name: Rev. Msgr. Lonnie C. Reyes x
16-63 Representing: Self
16-64 City: Austin
16-65 -------------------------------------------------------------------
16-66 FOR AGAINST ON
16-67 ___________________________________________________________________
16-68 Name: Bruce D. Glasscock x
16-69 Representing: Tx Police Chiefs
16-70 City: Plano
17-1 -------------------------------------------------------------------
17-2 Name: Fred W. Hoskins x
17-3 Representing: Bastrop Sheriff Dept.
17-4 City: Bastrop
17-5 -------------------------------------------------------------------
17-6 Name: Knox Fitzpatrick x
17-7 Representing: Dallas County District Atty
17-8 City: Dallas
17-9 -------------------------------------------------------------------
17-10 Name: Cynthia Weatherall x
17-11 Representing: Citizens Opp To Conceal Weapo
17-12 City: Dallas
17-13 -------------------------------------------------------------------
17-14 Name: John Lynn x
17-15 Representing: North Richland Hills Police
17-16 City: North Richland Hills
17-17 -------------------------------------------------------------------
17-18 Name: Rev. Sterling Lands II x
17-19 Representing: Baptist Ministers Union
17-20 City: Austin
17-21 -------------------------------------------------------------------
17-22 Name: Spencer Mc Clure x
17-23 Representing: Tx Council of Comm MHMR Center
17-24 City: Austin
17-25 -------------------------------------------------------------------
17-26 Name: Gregory Stanford, MD x
17-27 Representing: Amer College of Surgeons
17-28 City: Dallas
17-29 -------------------------------------------------------------------
17-30 Name: Tommy Britt x
17-31 Representing: Houston Police Officers Assn
17-32 City: Houston
17-33 -------------------------------------------------------------------
17-34 Name: Terrell Blodgett x
17-35 Representing: Self
17-36 City: Austin
17-37 -------------------------------------------------------------------
17-38 Name: Harlan D. Root, MD x
17-39 Representing: Amer Assn For Surgery
17-40 City: San Antonio
17-41 -------------------------------------------------------------------
17-42 Name: Tom Wells x
17-43 Representing: TDCAA
17-44 City: Paris
17-45 -------------------------------------------------------------------
17-46 Name: Yost Zakhary x
17-47 Representing: City of Woodway
17-48 City: Woodway
17-49 -------------------------------------------------------------------
17-50 Name: Dennis D. Baum x
17-51 Representing: Tx Against Gun Violence
17-52 City: Dallas
17-53 -------------------------------------------------------------------
17-54 Name: Matt Harnest x
17-55 Representing: Coalition For A Safer Society
17-56 City: Austin
17-57 -------------------------------------------------------------------
17-58 Name: Phillip Shurtleff x
17-59 Representing: Self
17-60 City: Austin
17-61 -------------------------------------------------------------------
17-62 Name: Jim Lyde x
17-63 Representing: Tx Municipal Police Assn
17-64 City: Austin
17-65 -------------------------------------------------------------------
17-66 FOR AGAINST ON
17-67 ___________________________________________________________________
17-68 Name: Kendall Gilmer x
17-69 Representing: Self
17-70 City: Austin
18-1 -------------------------------------------------------------------
18-2 Name: Kim Marie Zeh x
18-3 Representing: Parkland Memorial Hospital
18-4 City: Dallas
18-5 -------------------------------------------------------------------
18-6 Name: Becky Cooper x
18-7 Representing: Self
18-8 City: Austin
18-9 -------------------------------------------------------------------
18-10 Name: Jack L. Ryle x
18-11 Representing: Tx Police Assn
18-12 City: Austin
18-13 -------------------------------------------------------------------
18-14 Name: James W. Smith x
18-15 Representing: North By Northwest Democrats
18-16 City: Austin
18-17 -------------------------------------------------------------------
18-18 Name: Tom Martin x
18-19 Representing: Tx Police Chief Assn
18-20 City: Grapevine
18-21 -------------------------------------------------------------------
18-22 Name: Jorie Klein x
18-23 Representing: Amer Trauma Society
18-24 City: Dallas
18-25 -------------------------------------------------------------------
18-26 Name: Bruce Elfant x
18-27 Representing: Travis County Constables
18-28 City: Austin
18-29 -------------------------------------------------------------------
18-30 Name: Walter Timberlake x
18-31 Representing: Self
18-32 City: Austin
18-33 -------------------------------------------------------------------
18-34 Name: Robert Brown x
18-35 Representing: Self
18-36 City: Austin
18-37 -------------------------------------------------------------------
18-38 Name: David Ferris x
18-39 Representing: Self
18-40 City: Austin
18-41 -------------------------------------------------------------------
18-42 Name: Jeff Dyess x
18-43 Representing: Self
18-44 City: Austin
18-45 -------------------------------------------------------------------
18-46 Name: Janet Martin x
18-47 Representing: Self
18-48 City: Austin
18-49 -------------------------------------------------------------------
18-50 Name: David Nerenberg x
18-51 Representing: Self
18-52 City: Austin
18-53 -------------------------------------------------------------------
18-54 Name: Annie Aaron x
18-55 Representing: Self
18-56 City: Manachaca
18-57 -------------------------------------------------------------------
18-58 Name: Ronald J. Ray x
18-59 Representing: Self
18-60 City: Austin
18-61 -------------------------------------------------------------------
18-62 Name: Lizzie Burleson x
18-63 Representing: Self
18-64 City: Austin
18-65 -------------------------------------------------------------------
18-66 FOR AGAINST ON
18-67 ___________________________________________________________________
18-68 Name: R. Brooke Aikman x
18-69 Representing: Self
18-70 City: Austin
19-1 -------------------------------------------------------------------
19-2 Name: Tricia Cobb x
19-3 Representing: Travis County Comm
19-4 City: Austin
19-5 -------------------------------------------------------------------
19-6 Name: Teresa J. Reel x
19-7 Representing: Self
19-8 City: Austin
19-9 -------------------------------------------------------------------
19-10 Name: Carolyn Orr x
19-11 Representing: Self
19-12 City: Austin
19-13 -------------------------------------------------------------------
19-14 Name: David Bintliff x
19-15 Representing: Self
19-16 City: Austin
19-17 -------------------------------------------------------------------
19-18 Name: Gary Hicks x
19-19 Representing: Self
19-20 City: Austin
19-21 -------------------------------------------------------------------
19-22 Name: Jimmie Lou Ford x
19-23 Representing: Self
19-24 City: Austin
19-25 -------------------------------------------------------------------
19-26 Name: Deanna Dellana x
19-27 Representing: Self
19-28 City: Austin
19-29 -------------------------------------------------------------------
19-30 Name: Missy Warren x
19-31 Representing: Self
19-32 City: Austin
19-33 -------------------------------------------------------------------
19-34 Name: Sue Batchelor x
19-35 Representing: Self
19-36 City: Austin
19-37 -------------------------------------------------------------------
19-38 Name: Betty Copeland x
19-39 Representing: Self
19-40 City: Austin
19-41 -------------------------------------------------------------------
19-42 Name: Chris Saunders x
19-43 Representing: Self
19-44 City: Austin
19-45 -------------------------------------------------------------------
19-46 Name: Helen Schlegel x
19-47 Representing: Self
19-48 City: Austin
19-49 -------------------------------------------------------------------
19-50 Name: Nancy M. Wright x
19-51 Representing: Self
19-52 City: Austin
19-53 -------------------------------------------------------------------
19-54 Name: Rose H. Prince x
19-55 Representing: Bruce Elfant
19-56 City: Austin
19-57 -------------------------------------------------------------------
19-58 Name: Barbara Sanders x
19-59 Representing: Self
19-60 City: Round Rock
19-61 -------------------------------------------------------------------
19-62 Name: Jane Hall x
19-63 Representing: Self
19-64 City: Austin
19-65 -------------------------------------------------------------------
19-66 FOR AGAINST ON
19-67 ___________________________________________________________________
19-68 Name: Robert Graham x
19-69 Representing: Self
19-70 City: Bastrop
20-1 -------------------------------------------------------------------
20-2 Name: Tim Cage x
20-3 Representing: Self
20-4 City: Austin
20-5 -------------------------------------------------------------------
20-6 Name: Dana Lockler x
20-7 Representing: Self
20-8 City: Austin
20-9 -------------------------------------------------------------------
20-10 Name: Fred Lewis x
20-11 Representing: Self
20-12 City: Austin
20-13 -------------------------------------------------------------------
20-14 Name: Sue Keothman x
20-15 Representing: Self
20-16 City: Austin
20-17 -------------------------------------------------------------------
20-18 Name: Jos Studak x
20-19 Representing: Self
20-20 City: Austin
20-21 -------------------------------------------------------------------
20-22 Name: Phyllis Brinkley x
20-23 Representing: Self
20-24 City: Austin
20-25 -------------------------------------------------------------------
20-26 Name: Anne Strong x
20-27 Representing: Self
20-28 City: Austin
20-29 -------------------------------------------------------------------
20-30 Name: Beverly Kimbrough x
20-31 Representing: Self
20-32 City: Austin
20-33 -------------------------------------------------------------------
20-34 Name: Donald Strong x
20-35 Representing: Self
20-36 City: Austin
20-37 -------------------------------------------------------------------
20-38 Name: Donna McCormick x
20-39 Representing: Self
20-40 City: Austin
20-41 -------------------------------------------------------------------
20-42 Name: Silona Bonewald x
20-43 Representing: Self
20-44 City: Austin
20-45 -------------------------------------------------------------------
20-46 Name: Pat Crow x
20-47 Representing: Self
20-48 City: Austin
20-49 -------------------------------------------------------------------
20-50 Name: Pat Ford x
20-51 Representing: Self
20-52 City: Austin
20-53 -------------------------------------------------------------------
20-54 Name: John Bradshaw x
20-55 Representing: Self
20-56 City: Austin
20-57 -------------------------------------------------------------------
20-58 Name: Scott Baum x
20-59 Representing: Self
20-60 City: Austin
20-61 -------------------------------------------------------------------
20-62 Name: David Fussell x
20-63 Representing: Self
20-64 City: Austin
20-65 -------------------------------------------------------------------
20-66 FOR AGAINST ON
20-67 ___________________________________________________________________
20-68 Name: Stacy Suits x
20-69 Representing: Self
20-70 City: Austin
21-1 -------------------------------------------------------------------
21-2 Name: Cheryl Brown x
21-3 Representing: Self
21-4 City: Austin
21-5 -------------------------------------------------------------------
21-6 Name: Cheryl Manor x
21-7 Representing: Self
21-8 City: Austin
21-9 -------------------------------------------------------------------
21-10 Name: Sally Fussell x
21-11 Representing: Self
21-12 City: Austin
21-13 -------------------------------------------------------------------
21-14 Name: Daryl Hay x
21-15 Representing: Self
21-16 City: Austin
21-17 -------------------------------------------------------------------
21-18 Name: Shirley Bottoms x
21-19 Representing: Self
21-20 City: Austin
21-21 -------------------------------------------------------------------
21-22 Name: Adan Munoz x
21-23 Representing: Self
21-24 City: Kingville
21-25 -------------------------------------------------------------------
21-26 Name: Dave Barber x
21-27 Representing: Houston Police Dept
21-28 City: Houston
21-29 -------------------------------------------------------------------
21-30 Name: Dan Beauvoir x
21-31 Representing: Self
21-32 City: Austin
21-33 -------------------------------------------------------------------
21-34 Name: Delaine Vittitow x
21-35 Representing: Self
21-36 City: Austin
21-37 -------------------------------------------------------------------
21-38 Name: Herb Schreb x
21-39 Representing: Self
21-40 City: Austin
21-41 -------------------------------------------------------------------
21-42 Name: Bob Hutchinson x
21-43 Representing: Self
21-44 City: Austin
21-45 -------------------------------------------------------------------
21-46 Name: Jo Ann Bennick x
21-47 Representing: Self
21-48 City: Austin
21-49 -------------------------------------------------------------------
21-50 Name: James Ranes x
21-51 Representing: Self
21-52 City: Austin
21-53 -------------------------------------------------------------------
21-54 Name: Brenda Oliver x
21-55 Representing: Self
21-56 City: Austin
21-57 -------------------------------------------------------------------
21-58 Name: David Gold x
21-59 Representing: Self
21-60 City: Austin
21-61 -------------------------------------------------------------------
21-62 Name: Kim Master x
21-63 Representing: Self
21-64 City: Austin
21-65 -------------------------------------------------------------------
21-66 FOR AGAINST ON
21-67 ___________________________________________________________________
21-68 Name: Tim Sheehan x
21-69 Representing: Self
21-70 City: Austin
22-1 -------------------------------------------------------------------
22-2 Name: Peter Shaukow x
22-3 Representing: Self
22-4 City: Austin
22-5 -------------------------------------------------------------------
22-6 Name: Norris Darby x
22-7 Representing: Self
22-8 City: Austin
22-9 -------------------------------------------------------------------
22-10 Name: Paul Darby x
22-11 Representing: Self
22-12 City: Austin
22-13 -------------------------------------------------------------------
22-14 Name: Samantha Smoof x
22-15 Representing: Self
22-16 City: Austin
22-17 -------------------------------------------------------------------
22-18 Name: Sharon Whtimfield x
22-19 Representing: Self
22-20 City: Austin
22-21 -------------------------------------------------------------------
22-22 Name: Josie Zavala x
22-23 Representing: Self
22-24 City: Austin
22-25 -------------------------------------------------------------------
22-26 Name: Brenda Bradshaw x
22-27 Representing: Self
22-28 City: Austin
22-29 -------------------------------------------------------------------
22-30 Name: Suzanne Robart x
22-31 Representing: Self
22-32 City: Austin
22-33 -------------------------------------------------------------------
22-34 Name: Josephine Cosses x
22-35 Representing: Self
22-36 City: Austin
22-37 -------------------------------------------------------------------
22-38 Name: Victoria Gonzales x
22-39 Representing: AFSCME
22-40 City: Austin
22-41 -------------------------------------------------------------------
22-42 Name: Martha Scarborough x
22-43 Representing: Self
22-44 City: Austin
22-45 -------------------------------------------------------------------
22-46 Name: Bobbie Chandler x
22-47 Representing: AFSCME
22-48 City: Austin
22-49 -------------------------------------------------------------------
22-50 Name: Gregory Powell x
22-51 Representing: AFSCME
22-52 City: Austin
22-53 -------------------------------------------------------------------
22-54 Name: Michael Shirk x
22-55 Representing: Self
22-56 City: Austin
22-57 -------------------------------------------------------------------
22-58 Name: Andres Gonzales x
22-59 Representing: Self
22-60 City: Austin
22-61 -------------------------------------------------------------------
22-62 Name: Anthony Wyche x
22-63 Representing: Self
22-64 City: Austin
22-65 -------------------------------------------------------------------
22-66 FOR AGAINST ON
22-67 ___________________________________________________________________
22-68 Name: Ginger Hill x
22-69 Representing: Self
22-70 City: Austin
23-1 -------------------------------------------------------------------
23-2 Name: Heather Paffe x
23-3 Representing: Self
23-4 City: Austin
23-5 -------------------------------------------------------------------
23-6 Name: Christine Quegley x
23-7 Representing: Self
23-8 City: New Braunfels
23-9 -------------------------------------------------------------------
23-10 Name: Yael Duzillou x
23-11 Representing: Self
23-12 City: Austin
23-13 -------------------------------------------------------------------
23-14 Name: Elizabeth Stewart x
23-15 Representing: Self
23-16 City: Austin
23-17 -------------------------------------------------------------------
23-18 Name: Jeannett Deleon x
23-19 Representing: Self
23-20 City: Austin
23-21 -------------------------------------------------------------------
23-22 Name: Carla McElroy x
23-23 Representing: Self
23-24 City: Austin
23-25 -------------------------------------------------------------------
23-26 Name: Debra Rangel x
23-27 Representing: Self
23-28 City: Austin
23-29 -------------------------------------------------------------------
23-30 Name: Dolores Eufracio x
23-31 Representing: Self
23-32 City: Austin
23-33 -------------------------------------------------------------------
23-34 Name: Carol Darby x
23-35 Representing: Self
23-36 City: Austin
23-37 -------------------------------------------------------------------
23-38 Name: Stephen Aaron x
23-39 Representing: Self
23-40 City: Manchaca
23-41 -------------------------------------------------------------------
23-42 Name: Darrell Cotton x
23-43 Representing: Self
23-44 City: Austin
23-45 -------------------------------------------------------------------
23-46 Name: Ruby Cruyton x
23-47 Representing: Self
23-48 City: Austin
23-49 -------------------------------------------------------------------
23-50 Name: Beverly Ferguson x
23-51 Representing: Self
23-52 City: Austin
23-53 -------------------------------------------------------------------
23-54 Name: Clarence M. Basset x
23-55 Representing: Austin Interfaith
23-56 City: Austin
23-57 -------------------------------------------------------------------
23-58 Name: Katherine M. Bassett x
23-59 Representing: Austin Interfaith
23-60 City: Austin
23-61 -------------------------------------------------------------------
23-62 Name: Joe Higgs x
23-63 Representing: Austin Interfaith
23-64 City: Austin
23-65 -------------------------------------------------------------------
23-66 FOR AGAINST ON
23-67 ___________________________________________________________________
23-68 Name: Roy Griffin x
23-69 Representing: Several Friends and Voters
23-70 City: Austin
24-1 -------------------------------------------------------------------
24-2 Name: Kevin Hicks x
24-3 Representing: Self
24-4 City: Ingram
24-5 -------------------------------------------------------------------
24-6 Name: Orlinda L. Naranjo x
24-7 Representing: Austin Women's Polit. Caucus
24-8 City: Spicewood
24-9 -------------------------------------------------------------------
24-10 Name: Dorothy Richter x
24-11 Representing: Self
24-12 City: Austin
24-13 -------------------------------------------------------------------
24-14 Name: Jim Marston x
24-15 Representing: Self
24-16 City: Austin
24-17 -------------------------------------------------------------------
24-18 Name: Helen Ballew x
24-19 Representing: Self
24-20 City: Austin
24-21 -------------------------------------------------------------------
24-22 Name: Jordan Faires x
24-23 Representing: Tx Council On Family Violence
24-24 City: Austin
24-25 -------------------------------------------------------------------
24-26 Name: Tomasa Rodriguez x
24-27 Representing: Self
24-28 City: Austin
24-29 -------------------------------------------------------------------
24-30 Name: Nellie Tellez x
24-31 Representing: Seniors
24-32 City: Austin
24-33 -------------------------------------------------------------------
24-34 Name: Elida Serrano x
24-35 Representing: Self
24-36 City: Self
24-37 -------------------------------------------------------------------
24-38 Name: Elizabeth Watson x
24-39 Representing: Self
24-40 City: Austin
24-41 -------------------------------------------------------------------
24-42 Name: Roland McAdoo x
24-43 Representing: Self
24-44 City: Cedar Creek
24-45 -------------------------------------------------------------------
24-46 Name: Christina Jeffers x
24-47 Representing: Self
24-48 City: Bastrop
24-49 -------------------------------------------------------------------
24-50 Name: Ricky Bird x
24-51 Representing: Self
24-52 City: Austin
24-53 -------------------------------------------------------------------
24-54 Name: Mary Ann Neely x
24-55 Representing: Self
24-56 City: Austin
24-57 -------------------------------------------------------------------
24-58 Name: Richard Arrica x
24-59 Representing: Self
24-60 City: Austin
24-61 -------------------------------------------------------------------
24-62 Name: Shawna Russell x
24-63 Representing: Self
24-64 City: Austin
24-65 -------------------------------------------------------------------
24-66 FOR AGAINST ON
24-67 ___________________________________________________________________
24-68 Name: Ken Walker x
24-69 Representing: Tx. Police Chief's Assoc.
24-70 City: McKinney
25-1 -------------------------------------------------------------------
25-2 Name: John Omphress x
25-3 Representing: Self
25-4 City: Austin
25-5 -------------------------------------------------------------------
25-6 Name: Tracey Kirchenbauer x
25-7 Representing: Self
25-8 City: Austin
25-9 -------------------------------------------------------------------
25-10 Name: Eleanor Thompson x
25-11 Representing: Self
25-12 City: Austin
25-13 -------------------------------------------------------------------
25-14 Name: Mary Black x
25-15 Representing: Self
25-16 City: Austin
25-17 -------------------------------------------------------------------
25-18 Name: Carlos B. Lopez x
25-19 Representing: Self
25-20 City: Austin
25-21 -------------------------------------------------------------------
25-22 Name: Jimmy L. Spivey x
25-23 Representing: Dallas Police Dept.
25-24 City: Dallas
25-25 -------------------------------------------------------------------
25-26 Name: Shudde Fath x
25-27 Representing: Self
25-28 City: Austin
25-29 -------------------------------------------------------------------
25-30 Name: Anne McAfee x
25-31 Representing: Travis Co. Democratic Women
25-32 City: Austin
25-33 -------------------------------------------------------------------
25-34 Name: A. Ducote x
25-35 Representing: Self
25-36 City: Austin
25-37 -------------------------------------------------------------------
25-38 Name: Susan Morris x
25-39 Representing: Jackie Goodman
25-40 City: Austin
25-41 -------------------------------------------------------------------
25-42 Name: Linda Greathouse x
25-43 Representing: Self
25-44 City: Austin
25-45 -------------------------------------------------------------------
25-46 Name: Janis Morgan x
25-47 Representing: Self
25-48 City: Austin
25-49 -------------------------------------------------------------------
25-50 Name: Gavin Lance x
25-51 Representing: Self
25-52 City: Austin
25-53 -------------------------------------------------------------------
25-54 Name: Jack Goodman x
25-55 Representing: Self
25-56 City: Austin
25-57 -------------------------------------------------------------------
25-58 Name: Jackie Goodman x
25-59 Representing: Self
25-60 City: Austin
25-61 -------------------------------------------------------------------
25-62 Name: Ann Kitchen x
25-63 Representing: Self
25-64 City: Austin
25-65 -------------------------------------------------------------------
25-66 FOR AGAINST ON
25-67 ___________________________________________________________________
25-68 Name: Sister Rose Moreno x
25-69 Representing: Austin Interfaith
25-70 City: Austin
26-1 -------------------------------------------------------------------
26-2 Name: Isbel Espitia x
26-3 Representing: Austin Interfaith
26-4 City: Austin
26-5 -------------------------------------------------------------------
26-6 Name: Michael Heath x
26-7 Representing: Self
26-8 City: Lagovista
26-9 -------------------------------------------------------------------
26-10 Name: Ada Harden x
26-11 Representing: Self
26-12 City: Austin
26-13 -------------------------------------------------------------------
26-14 Name: Katheryn S. Clark x
26-15 Representing: Travis Co. Democratic Women
26-16 City: Austin
26-17 -------------------------------------------------------------------
26-18 Name: Trish Cunningham x
26-19 Representing: Self
26-20 City: Austin
26-21 -------------------------------------------------------------------
26-22 Name: Kathleen C. Anderson x
26-23 Representing: Self
26-24 City: Pflugerville
26-25 -------------------------------------------------------------------
26-26 Name: Jeaneen McMaster x
26-27 Representing: Self
26-28 City: Austin
26-29 -------------------------------------------------------------------
26-30 Name: Patrick Ganne x
26-31 Representing: Self
26-32 City: Pflugerville
26-33 -------------------------------------------------------------------
26-34 Name: A. E. Buddy Rawls x
26-35 Representing: Self & Sanity
26-36 City: Austin
26-37 -------------------------------------------------------------------
26-38 Name: Ellen Richards x
26-39 Representing: Self
26-40 City: Austin
26-41 -------------------------------------------------------------------
26-42 Name: Edwin O. Wilson x
26-43 Representing: Threadgill's
26-44 City: Austin
26-45 -------------------------------------------------------------------
26-46 Name: Antoinette Walker x
26-47 Representing: Self
26-48 City: Austin
26-49 -------------------------------------------------------------------
26-50 Name: Jewell Hodges x
26-51 Representing: Self
26-52 City: Bastrop
26-53 -------------------------------------------------------------------
26-54 Name: Mike Bright x
26-55 Representing: Self
26-56 City: Austin
26-57 -------------------------------------------------------------------
26-58 Name: Libby Doggett x
26-59 Representing: Self
26-60 City: Austin
26-61 -------------------------------------------------------------------
26-62 Name: Viola Thompson x
26-63 Representing: Self
26-64 City: Round Rock
26-65 -------------------------------------------------------------------
26-66 FOR AGAINST ON
26-67 ___________________________________________________________________
26-68 Name: Gloria Rangel x
26-69 Representing: Self
26-70 City: Austin
27-1 -------------------------------------------------------------------
27-2 Name: Tina Gutierrez x
27-3 Representing: Self
27-4 City: Austin
27-5 -------------------------------------------------------------------
27-6 Name: James Giovet x
27-7 Representing: Self
27-8 City: Austin
27-9 -------------------------------------------------------------------
27-10 Name: Douglas Malcolm x
27-11 Representing: Amer College of Emerg Physica
27-12 City: Austin
27-13 -------------------------------------------------------------------
27-14 Name: John Yeaman x
27-15 Representing: Austin Interfaith
27-16 City: Austin
27-17 -------------------------------------------------------------------
27-18 Name: Marvin Griffin x
27-19 Representing: Eberezer Baptist Church
27-20 City: Austin
27-21 -------------------------------------------------------------------
27-22 Name: Mary Mcias x
27-23 Representing: Austin Interfaith
27-24 City: Austin
27-25 -------------------------------------------------------------------
27-26 Name: Gregonia Zarabal x
27-27 Representing: Austin Interfaith
27-28 City: Austin
27-29 -------------------------------------------------------------------
27-30 Name: Carlath Carrtu x
27-31 Representing: Austin Interfaith
27-32 City: Austin
27-33 -------------------------------------------------------------------
27-34 Name: Lufa Monciva x
27-35 Representing: Austin Interfaith
27-36 City: Austin
27-37 -------------------------------------------------------------------
27-38 Name: Sara Pepez x
27-39 Representing: Austin Interfaith
27-40 City: Austin
27-41 -------------------------------------------------------------------
27-42 Name: Genaro Perez x
27-43 Representing: Austin Interfaith
27-44 City: Austin
27-45 -------------------------------------------------------------------
27-46 Name: Lucy Djeda x
27-47 Representing: Austin Interfaith
27-48 City: Austin
27-49 -------------------------------------------------------------------
27-50 Name: Antonio Moneno x
27-51 Representing: Austin Interfaith
27-52 City: Austin
27-53 -------------------------------------------------------------------
27-54 Name: Dominga Hernandez x
27-55 Representing: Austin Interfaith
27-56 City: Austin
27-57 -------------------------------------------------------------------
27-58 Name: Rose Mendosa x
27-59 Representing: Austin Interfaith
27-60 City: Austin
27-61 -------------------------------------------------------------------
27-62 Name: Becky Helton x
27-63 Representing: Self
27-64 City: Austin
27-65 -------------------------------------------------------------------
27-66 FOR AGAINST ON
27-67 ___________________________________________________________________
27-68 Name: David N. Smith x
27-69 Representing: self
27-70 City: Austin
28-1 -------------------------------------------------------------------
28-2 Name: Patricia H. Robertson x
28-3 Representing: Self
28-4 City: Austin
28-5 -------------------------------------------------------------------
28-6 Name: Sandra Wilson x
28-7 Representing: Self
28-8 City: Austin
28-9 -------------------------------------------------------------------
28-10 Name: Alex Perez x
28-11 Representing: San Antonio Police Off. Assn.
28-12 City: San Antonio
28-13 -------------------------------------------------------------------
28-14 Name: Thomas H. Vannoy x
28-15 Representing: TPCA - Temple PD
28-16 City: Temple
28-17 -------------------------------------------------------------------
28-18 Name: Mike Lummus x
28-19 Representing: Austin Police Assoc.
28-20 City: Austin
28-21 -------------------------------------------------------------------
28-22 Name: Steve Amos x
28-23 Representing: Self
28-24 City: Austin
28-25 -------------------------------------------------------------------
28-26 Name: Patricia Greenspan x
28-27 Representing: self
28-28 City: Austin
28-29 -------------------------------------------------------------------
28-30 Name: Marta Cupida x
28-31 Representing: Austin Interfaith
28-32 City: Austin
28-33 -------------------------------------------------------------------
28-34 Name: Les Burton x
28-35 Representing: Houston Ind School District
28-36 City: Houston
28-37 -------------------------------------------------------------------
28-38 Name: David Zane x
28-39 Representing: Texas Dept of Health
28-40 City: Austin
28-41 -------------------------------------------------------------------
28-42 Name: Stuart Miller x
28-43 Representing: Tx Fathers for Equal Rights
28-44 City: Austin
28-45 -------------------------------------------------------------------
28-46 Name: David J. Butts x
28-47 Representing: sanity
28-48 City: Austin
28-49 -------------------------------------------------------------------
28-50 Name: Wade Russell x
28-51 Representing: self
28-52 City: Austin
28-53 -------------------------------------------------------------------
28-54 Name: Katherine Ray x
28-55 Representing: Austin Interfaith
28-56 City: Austin
28-57 -------------------------------------------------------------------
28-58 Name: Barbara L. Rush x
28-59 Representing: self
28-60 City: Austin
28-61 -------------------------------------------------------------------
28-62 Name: Ray Sanders x
28-63 Representing: APD, Tx. Police Assoc.
28-64 City: Austin
28-65 -------------------------------------------------------------------
28-66 FOR AGAINST ON
28-67 ___________________________________________________________________
28-68 Name: Cindy McConnell x
28-69 Representing: self
28-70 City: Austin
29-1 -------------------------------------------------------------------
29-2 Name: Mark Cooper x
29-3 Representing: self
29-4 City: Austin
29-5 -------------------------------------------------------------------
29-6 Name: im Welton x
29-7 Representing: Travis Co. Demo. Party
29-8 City: Austin
29-9 -------------------------------------------------------------------
29-10 Name: Edgar B. Crawford x
29-11 Representing: self
29-12 City: Austin
29-13 -------------------------------------------------------------------
29-14 Name: Beverly Watts Davis x
29-15 Representing: San Antonio Fighting Back
29-16 City: San Antonio
29-17 -------------------------------------------------------------------
29-18 Name: DeWitt Altpeter x
29-19 Representing: Tx for Respon. Gun Control
29-20 City: Austin
29-21 -------------------------------------------------------------------
29-22 Name: Dr. Cliff Price x
29-23 Representing: Texas Pediatric Society
29-24 City: Austin
29-25 -------------------------------------------------------------------
29-26 Name: Martha P. Cotera x
29-27 Representing: self
29-28 City: Austin
29-29 -------------------------------------------------------------------
29-30 Name: Joan C. Tornow x
29-31 Representing: Self
29-32 City: Austin
29-33 -------------------------------------------------------------------
29-34 Name: Oscar Arevalo x
29-35 Representing: St. Julio Catholic Church
29-36 City: Austin
29-37 -------------------------------------------------------------------
29-38 Name: Fr. John Korcsmar x
29-39 Representing: Austin Interfaith
29-40 City: Austin
29-41 -------------------------------------------------------------------
29-42 Name: Amalia R. Mendoza x
29-43 Representing: Self
29-44 City: Austin
29-45 -------------------------------------------------------------------
29-46 Name: Rosa Walker x
29-47 Representing: Self
29-48 City: Austin
29-49 -------------------------------------------------------------------
29-50 Name: Emmett Sheppard x
29-51 Representing: Self
29-52 City: Austin
29-53 -------------------------------------------------------------------
29-54 Name: Walter Hinojosa x
29-55 Representing: Self
29-56 City: Austin
29-57 -------------------------------------------------------------------
29-58 Name: D.L. Willis x
29-59 Representing: Self
29-60 City: Midland
29-61 -------------------------------------------------------------------
29-62 Name: Rick Levy x
29-63 Representing: Self
29-64 City: Austin
29-65 -------------------------------------------------------------------
29-66 FOR AGAINST ON
29-67 ___________________________________________________________________
29-68 Name: Patsy Manchac x
29-69 Representing: Self
29-70 City: Austin
30-1 -------------------------------------------------------------------
30-2 Name: Santiago G. Cantu x
30-3 Representing: Self
30-4 City: Austin
30-5 -------------------------------------------------------------------
30-6 Name: Eric L. Dixon x
30-7 Representing: Self
30-8 City: Austin
30-9 -------------------------------------------------------------------