74(R) SB 60 House Committee Report

BILL ANALYSIS

C.S.S.B. 60
By: Patterson (Carter)
04-19-95
Committee Report (Substituted)

BACKGROUND

Currently, Texas citizens are not permitted to carry concealed
handguns. Thirty-eight states have a right-to-carry law, which
requires a permit or license to carry a concealed handgun.

PURPOSE

As proposed, C.S.S.B. 60 authorizes a person to complete a
specified training and receive certification by the Texas
Department of Public Safety in order to obtain a license granting
the ability to carry a concealed handgun.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is
expressly granted to the director of the Department of Public
Safety in:
SECTION 1, Sec. 10. MODIFICATION, subsection (b) [Article
4413(29ee), Title 70, Revised Statutes];
SECTION 1, Sec. 11. RENEWEL, subsections (b) and (d) [Article
4413(29ee), Title 70, Revised Statutes];
SECTION 1, Sec. 16. HANDGUN PROFICIENCY REQUIREMENT, subsection
(a), [Article 4413(29ee), Title 70, Revised Statutes];
SECTION 1, Sec. 22. RULES [Article 4413(29ee), Title 70, Revised
Statutes];

It is the committee's opinion that rulemaking authority is
expressly granted to the Department of Public Safety in:
SECTION 1, Sec. 4. REQUEST FOR APPLICATION MATERIALS, subsection
(a) [Article 4413(29ee), Title 70, Revised Statutes];
SECTION 1, Sec. 6. LICENSE, subsection (e) [Article 4413(29ee),
Title 70, Revised Statutes].
SECTION 1, Sec. 16. HANDGUN PROFICIENCY REQUIREMENT, subsections
(c) and (i), [Article 4413(29ee), Title 70, Revised Statutes];
SECTION 1, Sec. 17. HANDGUN PROFICIENCY CERTIFICATE, subsection
(a), [Article 4413(29ee), Title 70, Revised Statutes];
SECTION 1, Sec. 18. QUALIFIED HANDGUN INSTRUCTORS, subsections (c)
and (d), [Article 4413(29ee), Title 70, Revised Statutes];
SECTION 6, Subsection (b).

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 70, V.T.C.S., by adding Article 4413
(29ee), as follows:
Art. 4413 (29ee). LICENSE TO CARRY A CONCEALED HANDGUN

Sec 1. DEFINITIONS. Defines "action," "chemically dependent
person," "concealed handgun," "convicted," "department,"
"director," "handgun," "intoxicated," "qualified handgun
instructor," and "unsound mind."

Sec 2. ELIGIBILITY. (a) Establishes 15 qualifications for a
person to be eligible for a license to carry a concealed handgun
license.
(b) Provides that an offense under this section is a felony if
confinement of one or more years in a penitentiary is affixed to
the offense, and a Class A misdemeanor if the offense is not a
felony.
(c) Requires that an individual who has been convicted of a
Class B misdemeanor or greater two times within the past 10 years
to be deemed chemically dependant and not qualified to receive a
license. Provides that nothing in this subsection shall preclude
the disqualification of an individual for being a chemically
dependant person if other evidence exists that the person is a
chemically dependant person.

Sec 3. APPLICATION. (a) Requires an applicant to submit nine
items to the director's designee.
(b) Sets forth the information required on the application.
(c) Requires the department to distribute on request a copy of
this article and application materials.

Sec 4. REQUEST FOR APPLICATION MATERIALS. (a) Requires a
person to obtain a request for application materials from a handgun
dealer, the department, or any other person or entity approved by
the department. Sets forth the required contents of the
application materials. Individuals who desire to receive
application materials must complete the request for application
materials and forward it to the department at its Austin address.
Within 15 days of receipt, the department must review all requests
for application materials and make a preliminary determination as
to whether or not the individual is qualified to receive a license.
The department shall forward the application materials to qualified
individuals. The applicant must complete the application materials
and forward them to the department at its Austin address.
(b) The department must send written notification to an
individual who is found to be not qualified to receive a license.

Sec 5. REVIEW OF APPLICATION MATERIALS. (a) The department
will conduct a criminal history record check of the applicant.
Within 30 days after receipt of the application, the department
will forward the materials to the director's designee in the
geographical area of the applicant's residence.
(b) Upon receipt of the above materials, the director's
designee shall conduct an additional criminal history check of the
applicant. The department may send an applicant's fingerprint card
to the FBI for a national criminal history check. On completion of
the investigation, all records shall be returned to the Austin
headquarters. The director's designee may submit a written
recommendation for approval or disapproval of the application.

Sec 6. LICENSE. (a) The department shall issue a license to an
applicant if the applicant meets all the eligibility requirements
and submits all the application materials. The department may
issue a license only for categories indicated on the applicant's
certificate of proficiency. The department must administer the
licensing procedures in good faith, and the department may not deny
an application arbitrarily.
(b)(1) After January 1, 1997 the department shall issue the
license or give notice in writing of the grounds for denial within
60 days after receipt of the application materials.
(b)(2) The department has 90 days to perform the duties of
this subsection between the effective date of this article and
December 31, 1996.
(c) Requires the department to notify the sheriff of the
county in which the license holder resides that a license has been
issued. The department must provide a list of all license holders
in a county if requested by a local law enforcement agency.
(d) A license issued under this article is effective from the
date of issuance.
(e) The department by rule shall adopt the form of the
license, which must include a license number, the effective and
expiration dates, category of license issued, photograph, and other
personal information.
(f) A category of handguns contains handguns of certain
actions. Establishes the categories of handguns.
(g) The license holder must display both the department issued
license and a driver's license to any magistrate or peace officer
upon request.
(h) The license holder must display both the department issued
license and a driver's license if the license holder is carrying a
handgun on or about the license holder's person, if any law
enforcement or judicial authority requests such action.
(i) A license holder that does not comply with Subsection (g)
or (h) commits a Class C misdemeanor.

Sec 7. NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF
LICENSE; REVIEW. (a) The department must give written notice to
each applicant regarding denial, revocation, or suspension of that
license. The applicant may request a hearing on the denial,
revocation, or suspension within 30 days of receipt of the notice
by sending a written request to the department at its Austin
address. Upon receipt of the request, the department must schedule
a hearing with the appropriate justice court in the county of
residence of the license holder or applicant. The justice court
shall conduct the hearing, and the justice of the peace shall be
the administrative hearing officer. The department may be
represented in the hearing.
(b) The department will file the appropriate petition in the
justice court selected for the hearing and send a copy of that
petition to the applicant or license holder at the address
contained in departmental records. Sets forth the required
procedures and provisions of a hearing for the review of a denial,
revocation, or suspension of a licensee or applicant.
(c) The justice court will use a preponderance of the evidence
standard in review of the denial, revocation, or suspension.
(d) In matters pertaining to fees, expenses, and attorney's
fees, a hearing is subject to Chapter 105, Civil Practices and
Remedies Code.
(e) A party adversely affected by the court's ruling following
a hearing may file an appeal within 30 days. Sets forth the
required procedures for an appeal. An appeal takes the form of a
trial de novo without a jury.
(f) A suspension of a license may not be probated.
(g) A denial is final and a revocation or suspension takes
effect on the 30th day after receipt of written notice if no
petition is filed. Failure of the director to issue or deny a
license as required under Section 6(b) of this article for a period
of more than 30 days after the director is required to act under
that section constitutes denial.
(h) The department is specifically authorized to utilize and
to introduce into evidence certified copies of governmental records
to establish the existence of certain events which could result in
the denial, revocation, or suspension of a license, or other
matters that may be established by governmental records which have
been properly authenticated.

Sec. 8. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) Requires an
applicant or a license holder to notify the department of any
change of name or address. Requires the notification to include
all former names and addresses and the license number if a license
has been issued.
(b)-(c) Requires the person to apply for a duplicate license
if the name of the license holder is to be changed by marriage or
the person changes residence.
(d) The department will charge $25 for a duplicate license.
(e) The department will make the forms available upon request.
(f) The department will notify the sheriff of the county in
which the license holder resides of a change made under Subsection
(a) of this section, and requires the department to release a list
of all changes to licenses within a county to local law enforcement
agencies who request data.
(g) A license holder must apply within 30 days for a duplicate
license if the license is lost, or destroyed.
(h) The license holder may renew the license with the modified
information included on the new license if the license holder is
required to apply for a duplicate license and the license does not
expire within 60 days. The applicant will pay only the
nonrefundable renewal fee.

Sec. 9. EXPIRATION. (a) The license expires on the first
birthday of the license holder occurring after the fourth
anniversary of the date of issuance.
(b) A renewed license expires on the license holder's
birthday, four years after the expiration of the previous license.
(c)-(d) A duplicate or modified license expires on the date on
the license that was duplicated or modified.

Sec. 10. MODIFICATION (a) To modify a license, a person must
complete a proficiency exam, obtain a handgun proficiency
certificate within a specified period, and submit certain items to
the department.
(b) The director by rule will adopt a modified license
application form requiring an update of the information on the
original completed application.
(c) The department may modify the license of a license holder
who meets all the eligibility requirements and submits the proper
materials. The department will notify the license holder in
writing that the modified license application was approved or
denied by a specified time.
(d) Upon receipt of a modified license, the license holder
will return the previously issued license to the department.

Sec. 11. RENEWAL. (a) Sets out procedures required for
obtaining a renewed license.
(b) The director by rule will adopt a renewal application form
and set the renewal fee. The department will mail each license
holder a written notice of the expiration of the license along with
a renewal form within 60 days.
(c) The department will renew a qualified license holder's
license. The department will issue or deny the renewal in writing
within 45 days of receipt of the renewal materials.
(d) The director by rule will adopt a procedure by which a
license holder may renew a license by mail, but the renewal must
include a signed form that describes the law on deadly force and
premises upon which it is illegal to carry a concealed handgun.

Sec. 12. REVOCATION. (a) Sets out the conditions by which a
license may be revoked.
(b) A peace officer must prepare an affidavit to request the
department's revocation of a license if that officer believes a
reason exists to revoke a license. The officer must mail a copy to
the license holder. The license holder may petition the
appropriate justice court to review the revocation. The license
holder must surrender the license on the date an order of
revocation has been entered.
(c) A license holder whose license has been revoked may
reapply and establish the conditions for reapplication.

Sec. 13. SUSPENSION OF LICENSE. (a) The department may suspend
a license under certain conditions.
(b) A peace officer will prepare an affidavit for a license
suspension. Sets forth procedures for the suspension.
(c) A license may not be suspended for less than 90 days and
not more than 2 years.

Sec. 14. SEIZURE OF HANDGUN AND LICENSE. (a) A peace officer
who arrests and takes a license holder into custody shall seize the
license holder's handgun and license.
(b) The Code of Criminal Procedure, Article 18.19 applies to
handguns seized under this subsection.
(c) A conviction under Section 46.035, Penal Code shall
contain the license number of the convicted license holder. A
certified copy of the judgement is sufficient to justify revocation
of a license.
(d) If a license holder is arrested for an offense that
contains intoxication as an element, the officer may request the
license holder submit to an intoxilyzer. If the license holder
consents, the procedure must follow the method prescribed for
persons who are arrested for driving while intoxicated.

Sec. 15. LIMITATION OF LIABILITY. (a) A court may not hold the
state, state official, or a qualified handgun instructor liable for
damages caused by the actions authorized under this article or
actions of an applicant or license holder.
(b) A cause of action in damages may not be brought against
the state, state official, or a qualified handgun instructor for
any damage caused by the actions of an applicant or license holder.
(c) Grants the department immunity from responsibility for any
injury or damage inflicted on any person by an applicant or license
holder arising or alleged to have arisen from an action taken by
the department.
(d) The immunities granted under Subsections (a)-(c) do not
apply to acts or failures to act by the state, state official, or
a peace officer when such acts or failures to act were capricious
or arbitrary.

Sec. 16. HANDGUN PROFICIENCY REQUIREMENT. (a) The director, by
rule will establish minimum standards, develop a course to teach,
and create an examination to measure handgun proficiency. The
department will distribute the standards, course requirements, and
examinations to instructors who request the material.
Certification with a 9-millimeter or a .38 caliber handgun is the
minimum requirement.
(b) Sets forth the required curriculum for the handgun
proficiency course.
(c) The department, by rule will develop a continuing
education course in handgun proficiency. The required curriculum
is set forth.
(d) An instructor must administer a proficiency exam before an
applicant can obtain or renew a license. Sets forth the required
contents of the examination.
(e) An instructor must administer a physical demonstration
examination of the specific categories of handguns to an applicant
in order to modify a license.
(f) The department will develop and distribute directions and
materials for the procedures of course instruction, test
administration, and recordkeeping.
(g)-(h) An applicant who wishes to obtain or renew a license
must comply with the rules and procedures set forth in this
article.
(i) A certified firearms instructor of the department may
monitor any class or training, inspect any and all records, and
require complete cooperation from the instructor who is being
inspected.
(j) The department must conduct a study to determine the
effectiveness and feasibility of allowing an applicant to take a
written competency examination administered by an instructor in
lieu of attending the classroom instruction required under this
section as part of the course. The department must report the
findings of the study to the legislature no later than January 31,
1997.

Sec. 17. HANDGUN PROFICIENCY CERTIFICATE. (a) The department
must develop a sequentially numbered handgun proficiency
certificate and distribute the certificates to instructors who
administer proficiency examinations. The department by rule may
set a fee for the certificate.
(b) The instructor must endorse a certificate of handgun
proficiency if an applicant successfully completes the requirements
of Section 16. The certificate must indicate the category of any
and all handguns in which the applicant demonstrated proficiency.
(c) An instructor may submit a written recommendation for
disapproval of the application, renewal, or modification of a
license to the department. Sets forth the required contents of the
disapproval notice.

Sec. 18. QUALIFIED HANDGUN INSTRUCTORS. (a) The director will
establish requirements for the certification of an instructor. The
department, by rule will waive a proficiency demonstration
requirement for certification for a peace officer or a person who
instructs peace officers in the use of handguns, or any other class
of persons whom by occupation or training the department determines
to possess the required handgun proficiency.
(b) Sets forth the qualifications of an instructor.
(c) The department will provide training to an individual who
applies for certification as an instructor. The applicant must pay
a $100 fee. The department must certify a person who completes the
required training and pays the required fee. The department may,
by rule prorate or waive the fee for an employee of another
governmental entity.
(d) The instructor must retest and pay a $100 fee to maintain
certification. Certification expires on the second anniversary
after the date of certification.
(e) A qualified handgun instructor can conduct training
classes after certification as an instructor.
(f) The department must revoke, suspend, or deny a
certification to an instructor if the department determines that a
reason exists for an instructor's license to be revoked, suspended,
or denied, regardless of whether the person has a license.

Sec. 19. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
and the notice provisions relating to the review of a denial,
revocation, or suspension of a license under Section 7 of this
article applies to the review of a denial, revocation, or
suspension of certification as an instructor.

Sec. 20. CONFIDENTIALITY OF RECORDS. The department may
disclose to a criminal justice agency information contained in its
files and records regarding whether an individual is licensed. The
department may disclose to any other individual whether another
individual is licensed. All other records under this article are
confidential and are not subject to mandatory disclosure under the
open records law except that the applicant or license holder may be
furnished a copy of such disclosable records upon request and
payment of a reasonable fee. Provides that nothing in this section
shall prevent the department from making public and distributing to
the public at no cost lists of individuals who are certified as
instructors by the department.

Sec. 21. STATISTICAL REPORT. A statistical report that
includes the number of licenses issued, revoked, or suspended
during the preceding month is available from the department upon
request and payment of a reasonable fee.

Sec. 22. RULES. The director shall adopt rules to administer
this article.

Sec. 23. FUNDS. The department must forward the fees
collected under this article to the comptroller of public accounts.
Sets forth the procedure for deposit and appropriation of the
funds.

Sec. 24. NOTICE. (a) The department may assume that the
address currently reported is the correct address.
(b) A written notice meets the requirements under this article
if the notice is sent by certified mail to the current address of
the applicant or license holder.
(c) The department may give notice by publication in the
county newspaper of the applicant's or license holder last known
address. The department may take the action proposed on or after
the 31st day of publication.

Sec. 25. METHOD OF PAYMENT. Establishes criteria for valid
payment of fees. All fees are nonrefundable.

Sec. 26. LICENSE A BENEFIT. The issuance of a license under
this article is a benefit to the license holder for purposes of
those sections of the Penal Code to which the definition of
"benefit" applies under Section 1.07, Penal Code.

Sec. 27. HONORABLY RETIRED PEACE OFFICERS. (a) A person
licensed as a peace officer under Chapter 415, Government Code, may
apply for a license upon retirement. The application must be made
within 90 days of retirement.
(b) Sets forth the necessary contents of the retired peace
officer's application.
(c) The department may issue a license to an applicant who is
honorably retired and physically and emotionally fit to possess a
handgun. Defines "honorably retired."
(d) The applicant must pay a $25 fee for a license.
(e) A retired peace officer must maintain proficiency for the
category of weapon licensed under Section 415.035, Government Code,
in order to obtain a license. The department or a local law
enforcement agency must allow a retired peace officer of the
department or agency an opportunity to demonstrate the required
proficiency. The proficiency must be reported to the department
upon application and renewal.
(f) A license issued under this section expires as provided
by Section 9 of this article.

Sec. 28. LAW ENFORCEMENT OFFICER ALIAS HANDGUN LICENSE. (a)
On written approval of the director, the department may issue an
alias license to an officer for use in criminal investigations.
(b) It is a defense to prosecution under Section 46.035, Penal
Code, that the actor held an alias license issued under this
section.

Sec. 29. APPLICATION TO LICENSED SECURITY OFFICERS. This
article does not exempt a license holder who is also a security
officer and licensed under Article 4413(29bb), V.T.C.S. from the
duty to comply with the provisions of that Act or Section 46.02,
Penal Code.

Sec. 30. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A
business that has a permit or license issued by the Alcoholic
Beverage Code for the sale and service of alcoholic beverages for
on-premises consumption must prominently display at each entrance
to the business premises a sign that complies with the requirements
of Subsection (b) of this section.
(b) The sign under subsection (a) must give notice in both
English and Spanish that it is unlawful to carry a concealed
handgun on the premises. The sign must appear in contrasting
colors with block letters at least one inch high, and must be
displayed in a conspicuous manner.

Sec. 31. RIGHTS OF EMPLOYERS. This article does not limit the
rights of an employer from prohibiting license holders from
carrying a concealed handgun.

SECTION 2. Amends Section 46.02(b), Penal Code, by adding
Subdivision (7), to provide that it is a defense to prosecution
that the actor was, at the time of the offense, carrying a
concealed handgun and a valid license issued under Article
4413(29ee), V.T.C.S., to carry a concealed handgun of the same
category as the handgun the person is carrying.

SECTION 3. Amends Subsection (f), Section 46.03, Penal Code, to
provide that it is not a defense to prosecution under Section
46.03, Penal Code if the actor possessed a handgun and was licensed
to carry a concealed handgun.

SECTION 4. Amends Sections 46.034 and 46.035, Chapter 46, Penal
Code, to read:
Sec. 46.034. FALSE INFORMATION ON LICENSE TO CARRY HANDGUN.
(a) Providing false information on an application for a
license is an offense.
(b) An offense under this section is a Class A misdemeanor.
Sec. 46.035. UNLAWFUL CARRYING OF A HANDGUN BY LICENSE HOLDER.
(a) Intentional failure to conceal a handgun by a license
holder is an offense.
(b) Intentionally, knowingly, or recklessly carrying a handgun
on the premises of a business that derives 51% or more of its
income from the sale of alcohol for on-premises consumption; in the
portion of the premises of a business that is used primarily for
the sale, distribution, and service of alcoholic beverages; on the
premises of a sporting event; on the premises of a correctional
facility; or on the premises of a hospital is an offense.
(c) Carrying a concealed handgun at a meeting of a
governmental entity is an offense.
(d) Carrying a concealed handgun while intoxicated is an
offense.
(e) A license holder who is also a security officer under the
Private Investigators and Private Security Agencies Act commits an
offense if the officer violates a provision of Article 4413(29ee),
Revised Statutes.
(f) Defines "license holder" and "premises."
(g) An offense under Subsection (a)-(e) is a Class A
misdemeanor, unless the offense is committed under Subsection b(1)
or b(4), in which event the offense is a third degree felony.
(h) The actor may display the handgun under the circumstances
which justify the actor's use of deadly force.

SECTION 5. Amends Section 51.16, Family Code, by adding:
(m) Upon request by the department, a juvenile court must
reopen and allow the department to inspect the juvenile court
documents relating to an applicant for a license to carry.

SECTION 6. (a) Effective date of this Act: September 1, 1995.
Effective date for licenses issued before January 1, 1996: January
1, 1996.
(b) The department by rule may adopt a system to implement
staggered and evenly distributed license expiration dates and
prorate fees over a specified period. The department may not issue
a license that is effective for less than two years.

SECTION 7. Application of this Act is prospective.

SECTION 8. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

There were 29 substantial changes made to the engrossed version of
S.B. 60. All of those changes were rolled into the committee
substitute to S.B. 60. The major changes that were made to the
engrossed version of S.B. 60 are:

#1 The substitute, SECTION 1, Sec 12(b) and SECTION 1, Sec 13(b) inserts the words "in the
precinct in which the license holder resides" to allow a license holder access to a nearby justice court.

#2 The substitute SECTION 1, Sec. 16(a) adds language that accomplishes the following:
Qualification with a revolver allows a person to only carry a revolver, but the person must qualify
with a 9 millimeter or 38 caliber handgun.

#3 The substitute, SECTION 1, Sec. 2(a), strikes the words "(9) is not an illegal alien;" as a
redundant and unnecessary clause in determining eligibility requirements for a license.

#4 The substitute, SECTION 1, Sec. 2(c), inserts the words "within the preceding ten (10) years"
after the word "times", and insert the phrase "or any controlled substance" after the word "alcohol"
to allow a ten year time frame in determining eligibility.

#5 The substitute, SECTION 1, Sec. 4(a) allows fifteen (15) days for the department to determine
the qualification status of an individual.

#6 The substitute cuts the text of SECTION 1, Sec. 6(c) and (d) of the original bill and moves it to
SECTION 1, Sec.5(a) and (b) of the substitute for the sake of clarity.

#7 The substitute changes SECTION 1, Sec. 12(b) and SECTION 1, Sec. 13(b) to allow the
revocation form and attachments to be forwarded to the license holder. The original bill did not
allow the license holder to review the officer's revocation affidavit.

#8 The substitute, SECTION 1, Sec. 16(h) was changed to require knowledge and proficiency in a
handgun proficiency course. Handgun course requirements for modification of a handgun license
were deleted in the substitute.

#9 The substitute, SECTION 1, Sec. 18 was changed to require the expiration of a instructor license
every two years instead of every three, and the license renewal fee was increased from $50 to $100.

#10 The substitute, SECTION 1, Sec. 23 was changed to prevent the comptroller from transfering
the excess funds in the concealed handgun license account to the general revenue fund at the end of
the fiscal year.

#11 The substitute, SECTION 1, Sec. 3(a)(9) does not waive the confidentiality provided under the
Freedom of Information Act or any other law. However, the director is still allowed to inquire into
non-criminal history records to determine eligibility.

#12 The substitute, SECTION 1, Sec. 3(b)(8) requires an applicant to provide any history of drug
or alcohol or psychiatric treatment during the past five years.

#13 The substitute adds SECTION 1, Sec. 11(d), which sets up a procedure for renewal by mail.

#14 The substitute SECTION 4 adds a section which makes it a class A misdemeanor if a person
provides false information on an application for a license.

#15 The substitute SECTION 1, Sec. 14 strikes language involving moral turpitude and simplifies
the conditions under which an officer may seize a handgun and license.

#16 The substitute SECTION 4(f) defines premises.

#17 The substitute inserts this section:
"Sec 21. STATISTICAL REPORT. Each month the department shall make available for a
reasonable fee to cover the cost of copying a statistical report which at a minimum shall reflect the
number of licenses issued, revoked, suspended, or denied by race, gender, age and zip code."
Renumber the following sections accordingly.

#18 The substitute inserts this section:
"Sec 20. CONFIDENTIALITY OF RECORDS. The Department shall disclose to a criminal
agency information contained in its files and records regarding whether an individual, or group of
individuals, is licensed under this article. The Department shall, on written request and payment of
a reasonable fee to cover cost of copying, disclose to any other individual those individuals, or group
of individuals, licensed under this article, including at a minimum name, zip code, race, gender, and
date of birth for each individual."
Renumber the following sections accordingly.

#19 The substitute, SECTION 4(b)(2) adds language that prevents carrying a concealed weapon in
the bar area of an establishment licensed to sell alcohol for on-premises consumption.

#20 The substitute inserts this section:
"Sec. 31. RIGHTS OF EMPLOYERS. Nothing in this Act shall be construed or interpreted
as preventing or otherwise limiting the right of any private employer from lawfully barring license
holders from carrying concealed handguns on its premises."

#21 The substitute, SECTION 1, Sec. 6(i) makes the failure to display a handgun license a Class C
misdemeanor.

#22 The substitute, SECTION 1, Sec. 3 allows a TCLEOSE certified peace officer to take
fingerprints for an applicant, rather than a law enforcement agency.

#23 The substitute, SECTION 1, Sec. 4 allows application material to be obtained from a handgun
dealer, or the department, or any other location approved by the department, rather than just a
handgun dealer and the department.

#24 The substitute adds this section:
"Sec. 28. LAW ENFORCEMENT OFFICER ALIAS GUN LICENSE. Upon written
approval of the director, the Department may issue to a law enforcement officer an alias gun license
to be used in supervised activities involving criminal investigations. Possession or use for the
purpose described in this section of a gun license issued as provided in this section by the officer to
whom the license was issued is not a violation of this Act, unless the Department has suspended,
canceled or revoked the license. Application for a gun license for the purposes described in this
section is not a violation of this Act."

#25 The substitute, SECTION 1, Sec. 5(b) allows the department to forward a fingerprint card to
the Federal Bureau of Investigation for a national criminal history check.

#26 The substitute, SECTION 1, Sec. 14(d) allows the department to use an intoxilyzer to determine
if a license holder is intoxicated.

#27 Language was inserted at the end of SECTION 4 to allow a license holder to display a concealed
handgun when he or she is justified in the use of deadly force.

#28 Language was inserted in SECTION 4, Sec. 46.035(b)(5) to make an offense of carrying a
concealed weapon on the premises of a hospital, unless the license holder has written authorization
of the hospital administration.

#29 Language was inserted in the substitute to allow instruction on nonviolent dispute resolution.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 30, 1995 in accordance with House rules, S.B. 60 was
considered by the committee in a public hearing on April 4, 1995. No testimony was taken, and the
bill was left pending in committee.

Pursuant to a public notice posted on April 6, 1995 in accordance with House rules, S.B. 60 was
considered by the committee in a public hearing on April 11, 1995. The committee considered a
complete substitute for the bill. The substitute was adopted without objection.

The bill was reported favorably as substituted with the recommendation that it do pass and be
printed, by a record vote of 7 ayes, 1 nay, 0 pnv, and 1 absent.