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  -------------------------------------------------------------------