BILL ANALYSIS
C.S.S.B. 60
By: Patterson
Criminal Justice
03-24-95
Committee Report (Substituted)
BACKGROUND
Currently, Texas citizens are not permitted to carry concealed
handguns. Thirty-eight of the other 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 granted
to the director of the Department of Public Safety in SECTION 1
(Title 70, Article 4413(29ee), Sections 9(b), 10(b), 15(a) and (c),
20,V.T.C.S.); and to the Department of Public Safety in SECTION 1
(Title 70, Article 4413(29ee), V.T.C.S., Sections 5(e), 15(c),
16(a), 17(a) and (d), and 28); and SECTION 3(b) of this bill.
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 the 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 a confinement of one or more years in a penitentiary is
affixed to the offense and a Class A or misdemeanor if the
offense is not a felony.
(c) Requires an individual who has been convicted two times
of a Class B misdemeanor or greater to be deemed to be a
person who is chemically dependant and is 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 for a
license to submit certain items to the director's designee
(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 applying for a license to apply by obtaining from a
handgun dealer or the department a request for application
materials. Sets forth the required contents of the
application materials. Requires an individual who desires to
receive application materials to complete the request for
application materials and forward it to the department at its
Austin address. Requires the department to review all such
requests for application materials and make a preliminary
determination as to whether or not the individual is qualified
to receive a license. Requires the department to forward to
the individual the appropriate application materials.
Requires the applicant to complete the application materials
and forward the completed materials to the department at its
Austin address.
(b) Requires the department to send written notification to
an individual who is indicated in a review that the person
is not qualified to receive a license.
Sec. 5. LICENSE. (a) Authorizes the department to issue a
license to an applicant if the applicant meets all the
eligibility requirements and submits all the application
materials. Authorizes the department to issue a license only
for categories indicated on the applicant's certificate of
proficiency. Requires the department to administer the
licensing procedures in good faith. Prohibits the department
from arbitrarily denying application.
(b)(1) Requires the department, after January 1, 1997, to
issue the license or notify the applicant in writing that
the grounds for denial within 60 days after receipt of the
application materials.
(2) Requires the department to perform the duties set out
in this subsection not later than the 90th day after the
date of the receipt by the director's designee of the
completed application materials between the effective date
of this article and December 31, 1996. d
(c) Requires the department to notify the sheriff of the
county in which the license holder resides that a license
has been issued. Requires the department to provide a list
of all license holders in a county, on request of a local
law enforcement agency.
(d) Provides that a license issued under this article is
effective from the date of issuance.
(e) Requires the department, by rule, to adopt the form of
the license, which must include: a license number, the
effective and expiration dates, types of guns, photograph,
and other personal information.
(f) Provides that a category of handguns contains handguns
of certain actions. Establishes the categories of handguns.
(g) Requires the license holder to display both the
department-issued license and a driver's license to any law
enforcement or judicial authority upon request.
(h) Requires the license holder to 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) Provides that a person who does not comply with
Subsection (g) or (h) commits a Class C misdemeanor.
Sec. 6. NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF
LICENSE; REVIEW. (a) Requires the department to give written
notice to each applicant for a license of any denial,
revocation, or suspension of that license. Authorizes the
applicant or license holder to request a hearing on the
denial, revocation, or suspension within 30 days of receipt of
the notice. Sets forth the required procedures and provisions
of a hearing for the review of a denial, revocation, or
suspension of a licensee or applicant.
(b) Requires the department to 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) Provides that upon receipt of the application materials
by the department, the department will conduct the
appropriate criminal history record check of the applicant
through its computerized history system. Requires the
application materials to be forwarded to the designee in the
geographical area of the applicant's residence to conduct
the required investigation within 30 days of receipt of the
materials.
(d) Requires the designee in the appropriate geographical
area to conduct an additional criminal history record check
of the applicant and an investigation of the applicant's
local official records to verify the accuracy of the
application materials. Provides that the scope of the
record check and the investigation are at the sole
discretion of the department. Requires the designee to
return all materials and the result of the investigation to
the appropriate division of the department. Authorizes the
designee submit to the appropriate division of the
department along with the application materials a written
recommendation for disapproval of the application,
accompanied by an affidavit stating personal knowledge or
naming persons with personal knowledge of a ground for
denial. Authorizes the designee to submit the application
and the recommendation that the license be issued.
(e) Sets forth the procedures of the hearing. Requires the
denial, revocation, or suspension to be upheld if the action
is supported by a preponderance of the evidence. Requires
the license immediately to be reissued if the action is not
supported by a preponderance of the evidence.
(f) Provides that a proceeding under this section is
subject to Chapter 105, Civil Practice and Remedies Code,
relating to fees, expenses, and attorney's fees.
(g) Authorizes a person to appeal the ruling of the court
in Subsection (d). Establishes the procedure for the
appeal.
(h) Prohibits a suspension of a license from being
probated.
(i) Provides that 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. Provides that
failure of the director to issue or deny a license as
required under Section 5(b) of this article for a period of
more than 30 days after the director is required to act
under that section constitutes denial.
(j) Provides that 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. 7. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) Requires
a person applying for a license 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) Require 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) Requires the department to charge $25 for a duplicate
license.
(e) Requires the department to make the forms available
upon request.
(f) Requires the department to notify the sheriff of the
county in which a 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 such data.
(g) Requires a person to apply, within a specified period
of time, for a duplicate license if the person's license is
lost, stolen, or destroyed.
(h) Authorizes a person to modify the information on a
license if a license holder is required to apply for a
duplicate license and that license does not expire within 60
days. Requires the applicant to pay only the nonrefundable
renewal fee.
Sec. 8. EXPIRATION. (a) Provides that the license expires
on the first birthday of the license holder occurring after
the fourth anniversary of the date of issuance.
(b) Provides that a renewed license expires on the license
holder's birthdate, four years after the expiration of the
previous license.
(c)-(d) Provide that a duplicate or modified license
expires on the date on the license that was duplicated or
modified.
Sec. 9. MODIFICATION. (a) Requires a person, in order to
modify a license, to complete a proficiency examination,
obtain a handgun proficiency certificate within a specified
period, and submit certain items to the department.
(b) Requires the director, by rule, to adopt a modified
license application form requiring an update of the
information on the original completed application.
(c) Authorizes the department to modify the license of a
license holder who meets all the eligibility requirements
and submits the proper materials. Requires the department
to notify the license holder in writing that the modified
license application was approved or denied by a specified
time.
(d) Requires a license holder to return the previously
issued license to the department upon receipt of a modified
license.
Sec. 10. RENEWAL. (a) Provides procedures required for
obtaining a renewed license.
(b) Requires the director, by rule, to adopt a renewal
application form and to set the renewal fee. Requires the
department to mail to each license holder a written notice
of the expiration of the license and a renewal form within
a specified period.
(c) Requires the department to renew a qualified license
holder's license. Requires the department to issue or deny
the renewal in writing within 45 days after receipt of the
renewal materials.
Sec. 11. REVOCATION. (a) Authorizes a license to be revoked
under certain conditions.
(b) Requires a peace officer to prepare an affidavit to
request the department's revocation of a license. Requires
the officer to mail a copy to the license holder.
Authorizes the license holder to petition a justice court to
review the revocation. Requires the license holder to
surrender the license on the date an order of revocation has
been entered. Authorizes the license holder to request that
a justice court review the revocation. Requires the license
holder to surrender the license on the date an order of
revocation has been entered by the justice court.
(c) Requires a license holder whose license has been
revoked to reapply and establishes the conditions for
reapplication.
Sec. 12. SUSPENSION OF LICENSE. (a) Authorizes the
department to suspend a license under certain conditions.
(b) Requires a peace officer to prepare an affidavit for a
license suspension and sets forth procedures for the
suspension.
(c) Provides that a license may not be suspended for less
than 90 days and not more than two years.
Sec. 13. OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
(a) Provides that a person who knowingly carries a handgun
and fails to conceal the handgun commits a Class A
misdemeanor.
(b)-(c) Provide that a license holder who recklessly
carries a handgun commits a Class B misdemeanor. Provides
that a person who violates Subsection (b)(4) or (b)(9)
commits a third degree felony.
(d) Provides that a license holder who carries a handgun at
any meeting of the governing body of a county, municipality,
or special district commits a Class A misdemeanor.
(e) Provides that a license holder who carries a handgun
while intoxicated commits a Class A misdemeanor.
(f) Provides that Sections 32.21 and 37.10, Penal Code,
apply to conduct under this article.
(g) Provides that a licensed security officer under the
Private Investigators and Private Security Agencies Act
(Article 4413(29bb), V.T.C.S.) who commits an offense under
this article, commits a Class A misdemeanor.
(h) Requires the license number of the license holder to be
included in any judgment of conviction entered by a court.
Provides that a certified copy of the judgment is sufficient
evidence to revoke a license.
(i) Requires a peace officer to seize the license holder's
weapon and license as evidence if a peace officer arrests a
license holder who is carrying a handgun under the authority
of this article for an offense.
Sec. 14. LIMITATION OF LIABILITY. (a) Prohibits a court
from holding the state, state official, or a qualified handgun
instructor (instructor) liable for damages caused by actions
authorized by this article or actions of an applicant or
license holder.
(b) Prohibits a cause of action in damages from being
brought against the state, state official, or an instructor
for any damage caused by the actions of an applicant or
licensee under this article.
(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) Provides that the immunities granted under Subsections
(a)-(c) do not apply to acts or failures to act by the
state, an officer of the state, or a peace officer when such
acts or failures to act were capricious or arbitrary.
Sec. 15. HANDGUN PROFICIENCY REQUIREMENT. (a) Requires the
director, by rule, to establish minimum standards, develop a
course to teach, and create an examination to measure handgun
proficiency. Requires the department to distribute the
standards, course requirements, and examinations to
instructors who request the material.
(b) Sets forth the required curriculum for the handgun
proficiency course.
(c) Requires the department, by rule, to develop a
continuing education course in handgun proficiency and sets
forth the required curriculum.
(d) Requires an instructor to administer a proficiency
examination to obtain or renew a license. Sets forth the
required contents of the examination.
(e) Requires an instructor to administer a physical
demonstration examination of the specific categories of
handguns in order to modify license.
(f) Requires the department to develop and distribute
directions and materials for the procedures of course
instruction, test administration, and recordkeeping.
(g)-(h) Require a person who wishes to obtain or renew a
license to comply with the rules and procedures set forth by
this article.
(i) Authorizes a certified firearms instructor of the
department to monitor any class or training, inspect any and
all records, and requires complete cooperation from the
instructor who is being inspected.
(j) Requires the department to 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. Requires
the department to report the findings of the study to the
legislature not later than January 31, 1997.
Sec. 16. HANDGUN PROFICIENCY CERTIFICATE. (a) Requires the
department to develop a sequentially numbered handgun
proficiency certificate and to distribute these certificates
to instructors who administer proficiency examinations.
Authorizes the department, by rule, to set a fee for the
certificate.
(b) Requires the instructor to endorse a certificate of
handgun proficiency if a person successfully completes the
requirements as described in Section 15. Requires the
certificate to indicate the category of any and all handguns
in which the applicant demonstrated proficiency.
(c) Authorizes an instructor to 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. 17. QUALIFIED HANDGUN INSTRUCTORS. (a) Requires the
director to establish requirements for the certification of an
instructor. Authorizes the department, by rule, to 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) Requires the department to provide training to an
individual who applies for certification as an instructor.
Requires the applicant to pay a $100 fee. Requires the
department to certify a person who completes the required
training and pays the required fee. Authorizes the
department, by rule, to prorate or waive the fee for an
employee of another governmental entity.
(d) Requires the instructor to retest and pay a $50 fee
annually to maintain certification and otherwise provides
that the certification of an instructor expires on the third
anniversary after the date of certification.
(e) Authorizes an instructor to conduct training classes
after certification as an instructor.
(f) Requires the department to 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. 18. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. Provides that
the procedures for and the notice provisions relating to the
review of a denial, revocation, or suspension of a license
under Section 6 of this article apply to the review of a
denial, revocation, or suspension of certification as an
instructor.
Sec. 19. CONFIDENTIALITY OF RECORDS. Authorizes the
department to disclose to a criminal justice agency
information contained in its files and records regarding
whether an individual is licensed. Authorizes the department
to disclose to any other individual whether an individual is
licensed. Provides that all other records maintained 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 on request and the 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. 20. RULES. Requires the director to adopt rules to
administer this article.
Sec. 21. FUNDS. Requires the department to 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. 22. NOTICE. (a) Authorizes the department to assume
the address currently reported is the correct address.
(b) Provides that 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) Authorizes the department to give notice by publication
once in a newspaper of general interest in the county of the
license holder's last reported address if the notice is
returned as not deliverable. Authorizes the department to
take the action proposed on or after the 31st day of
publication.
Sec. 23. METHOD OF PAYMENT. Establishes criteria for valid
payment of fees. Provides that all fees under this article
are nonrefundable.
Sec. 24. LICENSE A BENEFIT. Provides that 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" under Section 1.07, Penal Code, apply.
Sec. 25. HONORABLY RETIRED PEACE OFFICERS. (a) Authorizes
a person licensed as a peace officer under Chapter 415,
Government Code, to apply for a license on retirement.
Requires the application to be made within 90 days of
retirement.
(b) Sets forth the necessary contents of the retired peace
officer's application.
(c) Authorizes the department to issue a license to an
applicant who is honorably retired and physically and
emotionally fit to possess a handgun. Defines "honorably
retired."
(d) Requires the applicant to pay a fee of $25 for a
license.
(e) Requires a retired peace officer to maintain
proficiency for the category of weapon licensed under
Section 415.035, Government Code, in order to obtain a
license. Requires the department or a local law
enforcement agency to allow a retired peace officer of the
department or agency an opportunity to demonstrate the
required proficiency. Requires the proficiency to be
reported to the department on application and renewal.
(f) Provides that a license issued under this section
expires as provided by a Section 8 of this article.
Sec. 26. APPLICATION TO LICENSED SECURITY OFFICERS. Provides
that 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. 27. NOTICE REQUIRED ON CERTAIN PREMISES. (a) Requires
a business that has a permit or license issued under Chapter
25, 28, 32, or 69, Alcoholic Beverage Code, and that derives
51 percent or more of its income from the sale of alcoholic
beverages for on-premises consumption to prominently display
at each entrance to the business premises a sign that complies
with the requirements of Subsection (c) of this section.
(b) Requires a governmental entity to prominently display
at each entrance to an office occupied by the entity a sign
that complies with the requirements of Subsection (c) of
this section.
(c) Requires the sign required under Subsections (a) and
(b) of this section to give notice in both English and
Spanish that it is unlawful to carry a handgun on the
premises. Requires the sign to appear in contrasting colors
with block letters at least one inch in height and to be
displayed in a conspicuous manner clearly visible to the
public.
Sec. 28. RECIPROCITY. Requires the department, by rule, to
provide for reciprocal licensing of individuals possessing a
valid license from another state which has requirements
similar to those provided under this article.
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 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. (a) Effective date of this Act: September 1, 1995.
Effective date for licenses issued before January 1, 1996: January
1, 1996.
(b) Authorizes the department, by rule, to adopt a system to
implement staggered and evenly distributed license expiration
dates and prorate fees over a specified period. Prohibits the
department from issuing a license that is effective for less
than two years.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Emergency clause.