By Wilson, Carter, et al. H.B. No. 72
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a license to carry a concealed handgun;
1-3 requiring of an applicant for the license a handgun proficiency and
1-4 safety training course and a criminal background check; providing
1-5 penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-8 Article 4413(29ee) to read as follows:
1-9 Art. 4413(29ee). LICENSE TO CARRY A CONCEALED HANDGUN
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Action" means revolver or semi-automatic action.
1-12 (2) "Chemically dependent person" means a person who
1-13 frequently or repeatedly becomes intoxicated by excessive
1-14 indulgence in alcohol or uses controlled substances or dangerous
1-15 drugs so as to acquire a fixed habit and an involuntary tendency to
1-16 become intoxicated or use those substances as often as the
1-17 opportunity is presented.
1-18 (3) "Concealed handgun" means a handgun, the presence
1-19 of which is not openly discernible to the ordinary observation of a
1-20 reasonable person.
1-21 (4) "Convicted" means an adjudication of guilt or an
1-22 order of deferred adjudication entered against a person by a court
1-23 of competent jurisdiction whether or not:
2-1 (A) the sentence is subsequently probated and
2-2 the person is discharged from probation; or
2-3 (B) the person is pardoned for the offense,
2-4 unless the pardon is expressly granted for subsequent proof of
2-5 innocence.
2-6 (5) "Department" means the Department of Public
2-7 Safety, including employees of the department.
2-8 (6) "Director" means the director of the Department of
2-9 Public Safety or the director's designee.
2-10 (7) "Handgun" has the meaning assigned by Section
2-11 46.01, Penal Code, and its subsequent amendments.
2-12 (8) "Intoxicated" has the meaning assigned by Section
2-13 (a)(2), Article 6701l-1, Revised Statutes, and its subsequent
2-14 amendments.
2-15 (9) "Qualified handgun instructor" means a person who
2-16 is certified to instruct in the use of handguns by the department.
2-17 (10) "Unsound mind" means the mental condition of a
2-18 person who:
2-19 (A) has been adjudicated mentally incompetent,
2-20 mentally ill, or not guilty of a criminal offense by reason of
2-21 insanity; or
2-22 (B) has been diagnosed by a licensed physician
2-23 as being characterized by a mental disorder or infirmity that
2-24 renders the person incapable of managing the person's self or the
2-25 person's affairs, unless the person furnishes a certificate from a
3-1 licensed physician stating that the person is no longer disabled.
3-2 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
3-3 license to carry a concealed handgun if the person:
3-4 (1) is a resident of this state for the six-month
3-5 period preceding the date of application under this article;
3-6 (2) is at least 21 years of age;
3-7 (3) has not been convicted of a felony;
3-8 (4) is not charged with the commission of a Class A or
3-9 Class B misdemeanor or of a felony under an information or
3-10 indictment;
3-11 (5) is not a fugitive from justice for a felony or a
3-12 Class A or Class B misdemeanor;
3-13 (6) is not a chemically dependent person;
3-14 (7) is not a person of unsound mind; and
3-15 (8) has not, in the five years preceding the date of
3-16 application, been convicted of a Class A or Class B misdemeanor.
3-17 (b) For the purposes of this section, an offense under the
3-18 laws of this state, another state, or the United States is:
3-19 (1) a felony if confinement for one year or more in a
3-20 penitentiary is affixed to the offense as a possible punishment;
3-21 and
3-22 (2) a Class A misdemeanor if the offense is not a
3-23 felony and confinement in a jail is affixed as a possible
3-24 punishment.
3-25 Sec. 3. APPLICATION. (a) An applicant for a license to
4-1 carry a concealed handgun must submit to the director's designee
4-2 described by Section 4 of this article:
4-3 (1) a completed application on a form provided by the
4-4 department that requires only the information listed in Subsection
4-5 (b) of this section;
4-6 (2) two recent color passport photographs of the
4-7 applicant;
4-8 (3) a certified copy of the applicant's birth
4-9 certificate or certified proof of age;
4-10 (4) proof of residency in this state;
4-11 (5) two complete sets of legible and classifiable
4-12 fingerprints of the applicant taken by a law enforcement agency on
4-13 a form approved by the department;
4-14 (6) a nonrefundable application and license fee of
4-15 $140 paid to the department;
4-16 (7) a handgun proficiency certificate described by
4-17 Section 16 of this article;
4-18 (8) an affidavit signed by the applicant stating that
4-19 the applicant:
4-20 (A) has read and understands each provision of
4-21 this article that creates an offense under the laws of this state
4-22 and each provision of the laws of this state related to use of
4-23 deadly force; and
4-24 (B) fulfills all the eligibility requirements
4-25 listed under Section 2 of this article; and
5-1 (9) a form executed by the applicant that waives
5-2 confidentiality provided by the Freedom of Information Act (5
5-3 U.S.C. Section 552) and its subsequent amendments, the Right of
5-4 Privacy Act (5 U.S.C. Section 552a) and its subsequent amendments,
5-5 or other law and authorizes any law enforcement agency or the
5-6 director's designee to make an inquiry into any records, including
5-7 medical records, and records regarding the mental health of the
5-8 applicant that are considered necessary by the director's designee
5-9 to determine the applicant's eligibility for a license.
5-10 (b) An applicant must provide on the application a statement
5-11 of the applicant's:
5-12 (1) full name and place and date of birth;
5-13 (2) race and sex;
5-14 (3) residence and business addresses for the preceding
5-15 five years;
5-16 (4) hair and eye color;
5-17 (5) height and weight;
5-18 (6) driver's license number or identification
5-19 certificate number issued by the department;
5-20 (7) criminal history, including a list of offenses for
5-21 which the applicant was arrested, charged, or under an information
5-22 or indictment and the disposition of the offenses; and
5-23 (8) history during the preceding five years, if any,
5-24 of commitment to or residence in a drug or alcohol treatment center
5-25 licensed to provide drug or alcohol treatment under the laws of
6-1 this state or another state.
6-2 (c) The department shall distribute on request a copy of
6-3 this article and application materials.
6-4 Sec. 4. RECEIPT OF APPLICATION MATERIALS. (a) A person
6-5 applying for a license to carry a concealed handgun must apply in
6-6 person and display a driver's license or identification certificate
6-7 issued by the department to the director's designee in the county
6-8 in which the applicant resides.
6-9 (b) The director's designee may not accept an application
6-10 unless all items listed in Section 3(a) of this article are
6-11 submitted. The director's designee shall accept an application
6-12 that contains all necessary information and supporting documents.
6-13 If all required items are submitted, the director's designee shall
6-14 give the applicant a receipt for the completed application
6-15 materials endorsed with the date of submission.
6-16 (c) Not later than the 30th day after the date the
6-17 director's designee receives the completed application materials,
6-18 the director's designee shall forward the materials to the
6-19 appropriate division of the department at the department's Austin
6-20 headquarters.
6-21 (d) The director's designee shall conduct a criminal history
6-22 records check of the applicant and an investigation of the
6-23 applicant's local official records to verify the accuracy of the
6-24 application materials. The scope and duration of the records check
6-25 and investigation are at the sole discretion of the department.
7-1 The director's designee shall submit the results to the appropriate
7-2 division of the department at the department's Austin headquarters
7-3 with the application materials. The director's designee also may
7-4 submit to the appropriate division of the department at the
7-5 department's Austin headquarters a written recommendation for
7-6 disapproval of the application, accompanied by an affidavit stating
7-7 personal knowledge or naming persons with personal knowledge of a
7-8 ground for denial under Section 2 of this article.
7-9 Sec. 5. LICENSE. (a) The department may issue a license to
7-10 carry a concealed handgun to an applicant if the applicant meets
7-11 all the eligibility requirements and submits all the application
7-12 materials. The department may issue a license to carry handguns
7-13 only of the calibers and actions indicated on the applicant's
7-14 certificate of proficiency issued under Section 16 of this article.
7-15 The department shall administer the licensing procedures in good
7-16 faith so that any applicant who meets all the eligibility
7-17 requirements and submits all the application materials shall
7-18 receive a license. The department may not deny an application on
7-19 the basis of a capricious or arbitrary decision by the department.
7-20 (b) The department, not later than the 90th day after the
7-21 date of the receipt by the director's designee of the completed
7-22 application materials, shall:
7-23 (1) issue the license; or
7-24 (2) notify the applicant in writing that the
7-25 application was denied:
8-1 (A) on the grounds that the applicant failed to
8-2 qualify under the criteria listed in Section 2 of this article;
8-3 (B) based on the affidavit of the director's
8-4 designee submitted to the department under Section 4(d) of this
8-5 article; or
8-6 (C) based on the affidavit of the qualified
8-7 handgun instructor submitted to the department under Section 16(c)
8-8 of this article.
8-9 (c) If the department issues a license, the department shall
8-10 notify the sheriff of the county in which the license holder
8-11 resides that a license has been issued to the license holder. On
8-12 request of a local law enforcement agency, the department shall
8-13 notify the agency of the licenses that have been issued to license
8-14 holders who reside in the county in which the agency is located.
8-15 (d) A license issued under this article is effective from
8-16 the date of issuance.
8-17 (e) The department, by rule, shall adopt the form of the
8-18 license. A license must include:
8-19 (1) a number assigned to the license holder by the
8-20 department;
8-21 (2) a statement of the period for which the license is
8-22 effective;
8-23 (3) a statement of the category or categories of
8-24 handguns the license holder may carry as provided by Subsection (f)
8-25 of this section;
9-1 (4) a color photograph of the license holder; and
9-2 (5) the license holder's full name, date of birth,
9-3 residence address, hair and eye color, height, weight, signature,
9-4 and the number of a driver's license or an identification
9-5 certificate issued to the license holder by the department.
9-6 (f) A category of handguns contains handguns of certain
9-7 calibers and actions. The categories of handguns are as follows:
9-8 (1) SA1: semi-automatic handguns that are 9mm caliber
9-9 or larger;
9-10 (2) SA2: semi-automatic handguns that are smaller
9-11 than 9mm caliber;
9-12 (3) R1: revolvers that are .38 caliber or larger; and
9-13 (4) R2: revolvers that are smaller than .38 caliber.
9-14 (g) On a demand by a magistrate, an officer of a court of
9-15 competent jurisdiction, or a peace officer that a license holder
9-16 display the license holder's handgun license, the license holder
9-17 shall display both the license and the license holder's driver's
9-18 license or identification certificate issued by the department.
9-19 (h) If a license holder is carrying a handgun on or about
9-20 the license holder's person when a magistrate, an officer of a
9-21 court of competent jurisdiction, or a peace officer demands that
9-22 the license holder display identification, the license holder shall
9-23 display both the license holder's driver's license or
9-24 identification certificate issued by the department and the license
9-25 holder's handgun license.
10-1 (i) A person commits an offense if the person fails or
10-2 refuses to display the license and identification as required by
10-3 Subsection (g) or (h) of this section. An offense under this
10-4 subsection is a Class C misdemeanor.
10-5 Sec. 6. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
10-6 LICENSE. (a) Not later than the 30th day after the date of
10-7 receipt of a written notice of denial, revocation, or suspension of
10-8 a license, the applicant or license holder may petition a justice
10-9 court in the county in which the applicant or license holder
10-10 resides for a hearing to review the denial, revocation, or
10-11 suspension. In a proceeding under this section, a justice of the
10-12 peace shall act as an administrative hearing officer. A hearing
10-13 under this section is not subject to the Administrative Procedure
10-14 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
10-15 Statutes). The department may be represented by a district or
10-16 county attorney, the attorney general, or a designated member of
10-17 the department.
10-18 (b) The justice of the peace shall send a copy of the
10-19 petition to the appropriate division of the department at its
10-20 Austin headquarters by certified mail with notice of a hearing
10-21 date. The hearing must be held not later than the 30th day after
10-22 the petition was filed. The hearing may not be held unless the
10-23 department receives the notice of the hearing not later than the
10-24 10th day before the date of the hearing.
10-25 (c) The justice court shall determine if the denial,
11-1 revocation, or suspension is supported by a preponderance of the
11-2 evidence. Both the applicant or license holder and the department
11-3 may present evidence. The court shall affirm the denial,
11-4 revocation, or suspension if the court determines that denial,
11-5 revocation, or suspension was supported by a preponderance of the
11-6 evidence. If the court determines that the denial, revocation, or
11-7 suspension was not supported by a preponderance of the evidence,
11-8 the court shall order the department to immediately issue or return
11-9 the license to the applicant or license holder.
11-10 (d) A proceeding under this section is subject to Chapter
11-11 105, Civil Practice and Remedies Code, and its subsequent
11-12 amendments relating to fees, expenses, and attorney's fees.
11-13 (e) A party adversely affected by the court's ruling
11-14 following a hearing under this section may appeal the ruling by
11-15 filing within 30 days after the ruling a petition in a county court
11-16 at law in the county in which the applicant or license holder
11-17 resides or, if there is no county court at law in the county, in
11-18 the county court of the county. A person who appeals under this
11-19 section must send by certified mail a copy of the person's
11-20 petition, certified by the clerk of the court in which the petition
11-21 is filed, to the appropriate division of the department at its
11-22 Austin headquarters. The trial on appeal shall be a trial de novo
11-23 without a jury. The department may be represented by a district or
11-24 county attorney or the attorney general.
11-25 (f) A suspension of a license may not be probated.
12-1 (g) If an applicant or a license holder does not petition
12-2 the justice court, a denial becomes final and a revocation or
12-3 suspension takes effect on the 30th day after receipt of written
12-4 notice.
12-5 Sec. 7. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
12-6 person, after applying for or receiving a license, moves from the
12-7 address stated in the application or on the license or if the name
12-8 of the person is changed by marriage or otherwise, the person
12-9 shall, not later than the 30th day after the date of the address or
12-10 name change, notify the department and provide the department with
12-11 the number of the person's license if a license has been issued and
12-12 the person's:
12-13 (1) former and new addresses; or
12-14 (2) former and new names.
12-15 (b) If the name of the license holder is changed by marriage
12-16 or otherwise, the person shall apply for a duplicate license.
12-17 (c) If a license holder moved from the address on the
12-18 license, the person shall apply for a duplicate license.
12-19 (d) The department shall charge a license holder a fee of
12-20 $25 for a duplicate license.
12-21 (e) The department shall make the forms available on
12-22 request.
12-23 (f) The department shall notify the sheriff of the county in
12-24 which a license holder resides of a change made under Subsection
12-25 (a) of this section by the license holder. On request of a local
13-1 law enforcement agency, the department shall notify the agency of
13-2 changes made under Subsection (a) of this section by license
13-3 holders who reside in the county in which the agency is located.
13-4 (g) If a license is lost, stolen, or destroyed, the license
13-5 holder shall apply for a duplicate license not later than the 30th
13-6 day after the date of the loss, theft, or destruction of the
13-7 license.
13-8 (h) If a license holder is required under this section to
13-9 apply for a duplicate license and the license expires not later
13-10 than the 60th day after the date of the loss, theft, or destruction
13-11 of the license, the applicant may renew the license with the
13-12 modified information included on the new license. The applicant
13-13 shall pay only the nonrefundable renewal fee.
13-14 Sec. 8. EXPIRATION. (a) A license issued under this
13-15 article expires on the first birthday of the license holder
13-16 occurring after the fourth anniversary of the date of issuance.
13-17 (b) A renewed license expires on the license holder's
13-18 birthdate, four years after the date of the expiration of the
13-19 previous license.
13-20 (c) A duplicate license expires on the date the license that
13-21 was duplicated would have expired.
13-22 (d) A modified license expires on the date the license that
13-23 was modified would have expired.
13-24 Sec. 9. MODIFICATION. (a) To modify a license to allow a
13-25 license holder to carry a handgun of a different caliber or action
14-1 than the license indicates, the license holder must:
14-2 (1) complete a proficiency examination as provided by
14-3 Section 15(d) of this article;
14-4 (2) obtain a handgun proficiency certificate under
14-5 Section 16 of this article not more than six months before the date
14-6 of application for a modified license; and
14-7 (3) submit to the department:
14-8 (A) an application for a modified license on a
14-9 form provided by the department;
14-10 (B) a copy of the handgun proficiency
14-11 certificate;
14-12 (C) payment of a modified license fee of $25;
14-13 and
14-14 (D) two recent color passport photographs of the
14-15 license holder.
14-16 (b) The director by rule shall adopt a modified license
14-17 application form requiring an update of the information on the
14-18 original completed application.
14-19 (c) The department may modify the license of a license
14-20 holder who meets all the eligibility requirements and submits all
14-21 the modification materials. Not later than the 45th day after
14-22 receipt of the modification materials, the department shall issue
14-23 the modified license or notify the license holder in writing that
14-24 the modified license application was denied.
14-25 (d) On receipt of a modified license, the license holder
15-1 shall return the previously issued license to the department.
15-2 Sec. 10. RENEWAL. (a) To renew a license, a license holder
15-3 must:
15-4 (1) complete a continuing education course for handgun
15-5 proficiency under Section 15(c) of this article not more than six
15-6 months before the date of application for renewal;
15-7 (2) obtain a handgun proficiency certificate under
15-8 Section 16 of this article not more than six months before the date
15-9 of application for renewal; and
15-10 (3) submit to the department:
15-11 (A) an application for renewal on a form
15-12 provided by the department;
15-13 (B) a copy of the handgun proficiency
15-14 certificate;
15-15 (C) payment of a nonrefundable renewal fee as
15-16 set by the department; and
15-17 (D) two recent color passport photographs of the
15-18 applicant.
15-19 (b) The director by rule shall adopt a renewal application
15-20 form requiring an update of the information on the original
15-21 completed application. The director by rule shall set the renewal
15-22 fee in an amount that is sufficient to cover the actual cost to the
15-23 department to renew a license. Not later than the 60th day before
15-24 the expiration date of the license, the department shall mail to
15-25 each license holder a written notice of the expiration of the
16-1 license and a renewal form.
16-2 (c) The department may renew the license of a license holder
16-3 who meets all the eligibility requirements and submits all the
16-4 renewal materials. Not later than the 45th day after receipt of
16-5 the renewal materials, the department shall issue the renewal or
16-6 notify the license holder in writing that the renewal application
16-7 was denied.
16-8 Sec. 11. REVOCATION. (a) A license may be revoked under
16-9 this section if the license holder:
16-10 (1) was not entitled to the license at the time it was
16-11 issued;
16-12 (2) gave false information on the application;
16-13 (3) subsequently becomes ineligible for a license
16-14 under Section 2 of this article; or
16-15 (4) is convicted of an offense under Section 13 of
16-16 this article.
16-17 (b) If a peace officer believes a reason listed in
16-18 Subsection (a) of this section to revoke a license exists, the
16-19 peace officer shall prepare an affidavit on a form provided by the
16-20 department stating the reason for the revocation of the license and
16-21 giving the department all of the information available to the peace
16-22 officer at the time of the preparation of the form. The officer
16-23 shall attach the officer's reports relating to the license holder
16-24 to the form and send the form and attachments to the appropriate
16-25 division of the department at its Austin headquarters not later
17-1 than the fifth working day after the date the form is prepared.
17-2 The officer shall send a copy of the form without the attachments
17-3 to the license holder. If the license holder has not surrendered
17-4 the license or the license was seized as evidence, the license
17-5 holder shall surrender the license to the appropriate division of
17-6 the department not later than the 30th day after the date the
17-7 license holder receives the notice of revocation from the
17-8 department, unless the license holder petitions a justice court to
17-9 review the revocation. The license holder may petition a justice
17-10 court to review the revocation as provided by Section 6 of this
17-11 article. If the license holder petitions the justice court for a
17-12 hearing, the license holder shall surrender the license on the date
17-13 an order of revocation has been entered.
17-14 (c) A license holder whose license has been revoked for a
17-15 reason listed in this section may reapply as a new applicant for
17-16 the issuance of a license under this article after the second
17-17 anniversary of the date of the revocation if the cause for
17-18 revocation does not exist on the date of the second anniversary.
17-19 If the cause of revocation exists on the date of the second
17-20 anniversary after the date of revocation, the license holder may
17-21 not apply for a new license until the cause for the revocation no
17-22 longer exists and has not existed for a period of two years.
17-23 Sec. 12. SUSPENSION OF LICENSE. (a) A license may be
17-24 suspended under this section if the license holder:
17-25 (1) is convicted of disorderly conduct punishable as a
18-1 Class C misdemeanor under Section 42.01, Penal Code, and its
18-2 subsequent amendments;
18-3 (2) fails to display a license required by Section 5
18-4 of this article;
18-5 (3) fails to notify the department of a change of
18-6 address or name as required by Section 7 of this article;
18-7 (4) carries a concealed handgun under the authority of
18-8 this article of a different caliber or action than the license
18-9 holder is licensed to carry;
18-10 (5) has been charged by indictment with the commission
18-11 of an offense that would make the license holder ineligible for a
18-12 license on conviction;
18-13 (6) has been charged by information with the
18-14 commission of an offense that would make the license holder
18-15 ineligible for a license upon conviction, if there is evidence to
18-16 show probable cause to believe that the license holder committed
18-17 the offense; or
18-18 (7) fails to return a previously issued license after
18-19 a license is modified as required by Section 9(d) of this article.
18-20 (b) If any peace officer believes a reason listed in
18-21 Subsection (a) of this section to suspend a license exists, the
18-22 officer shall prepare an affidavit on a form provided by the
18-23 department stating the reason for the suspension of the license and
18-24 giving the department all of the information available to the
18-25 officer at the time of the preparation of the form. The officer
19-1 shall attach the officer's reports relating to the license holder
19-2 to the form and send the form and the attachments to the
19-3 appropriate division of the department at its Austin headquarters
19-4 not later than the fifth working day after the date the form is
19-5 prepared. The officer shall send a copy of the form without the
19-6 attachments to the license holder. If the license holder has not
19-7 surrendered the license or the license was seized as evidence, the
19-8 license holder shall surrender the license to the appropriate
19-9 division of the department not later than the 30th day after the
19-10 date the license holder receives the notice of suspension from the
19-11 department unless the license holder petitions a justice court to
19-12 review the suspension. The license holder may petition a justice
19-13 court to review the suspension as provided by Section 6 of this
19-14 article. If the license holder petitions the justice court for a
19-15 hearing, the license holder shall surrender the license on the date
19-16 an order of suspension is entered.
19-17 (c) A license may be suspended under this section for not
19-18 less than 30 days and not more than two years.
19-19 Sec. 13. OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
19-20 (a) A license holder commits an offense if the license holder
19-21 knowingly carries a handgun on or about his person under the
19-22 authority of this article and fails to conceal the handgun. An
19-23 offense under this subsection is a Class A misdemeanor.
19-24 (b) A license holder commits an offense if the license
19-25 holder recklessly carries a handgun on or about his person under
20-1 the authority of this article and fails to conceal the handgun. An
20-2 offense under this subsection is a Class C misdemeanor.
20-3 (c) A license holder commits an offense if the license
20-4 holder intentionally, knowingly, or recklessly carries a handgun
20-5 under the authority of this article, regardless of whether the
20-6 handgun is concealed, on or about the license holder's person:
20-7 (1) on the premises of a school or an educational
20-8 institution, whether public or private, unless the license holder
20-9 has written authorization of the institution;
20-10 (2) on the premises of a polling place on the date of
20-11 an election or while early voting is in progress;
20-12 (3) in any government court or offices used by a
20-13 court, unless in accordance with written regulations or written
20-14 authorization of the court;
20-15 (4) on the premises of a business that has a permit or
20-16 license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
20-17 Code, and its subsequent amendments if the business derives 51
20-18 percent or more of its income from the sale of alcoholic beverages
20-19 for on-premises consumption;
20-20 (5) on the premises of a racetrack;
20-21 (6) in the secured passenger area of any airport;
20-22 (7) on a premises where a high school, collegiate, or
20-23 professional sporting event or interscholastic event is taking
20-24 place, unless the license holder is a participant in a sporting
20-25 event in which a handgun is used; or
21-1 (8) in any other building used by or principally
21-2 occupied by a governmental entity.
21-3 (d) An offense under Subsection (c) of this section is a
21-4 Class B misdemeanor, unless the offense is committed under
21-5 Subsection (c)(4) of this section, in which event the offense is a
21-6 felony of the third degree.
21-7 (e) A license holder commits an offense if the license
21-8 holder intentionally, knowingly, or recklessly carries a handgun
21-9 under the authority of this article, regardless of whether the
21-10 handgun is concealed, at any meeting of the governing body of a
21-11 county, municipality, or special district or at any meeting of the
21-12 state legislature. An offense under this subsection is a Class A
21-13 misdemeanor.
21-14 (f) A license holder commits an offense if the license
21-15 holder recklessly carries a handgun under the authority of this
21-16 article, regardless of whether the handgun is concealed, while
21-17 intoxicated. An offense under this subsection is a Class A
21-18 misdemeanor.
21-19 (g) Sections 32.21 and 37.10, Penal Code, and their
21-20 subsequent amendments are applicable to conduct under this article.
21-21 (h) A license holder under this article who is licensed as a
21-22 security officer under the Private Investigators and Private
21-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
21-24 Statutes) and its subsequent amendments, and employed as a security
21-25 officer commits an offense if, while in the course and scope of the
22-1 security officer's employment, the security officer violates a
22-2 provision of this article. An offense under this subsection is a
22-3 Class A misdemeanor.
22-4 (i) Any judgment of conviction entered by any court under
22-5 this section shall contain the handgun license number of the
22-6 convicted license holder. A certified copy of the judgment is
22-7 conclusive and sufficient evidence to justify revocation of a
22-8 license under Section 11(a)(4) of this article.
22-9 Sec. 14. LIMITATION OF LIABILITY. (a) A court may not hold
22-10 the state, an agency or subdivision of the state, an officer or
22-11 employee of the state, a peace officer, or a qualified handgun
22-12 instructor liable for damages caused by:
22-13 (1) an action authorized under this article or failure
22-14 to perform a duty imposed by this article; or
22-15 (2) the actions of an applicant or license holder that
22-16 occur after the applicant has received a license or been denied a
22-17 license under this article.
22-18 (b) A cause of action in damages may not be brought against
22-19 the state, an agency or subdivision of the state, an officer or
22-20 employee of the state, a peace officer, or a qualified handgun
22-21 instructor for any damage caused by the actions of an applicant or
22-22 licensee under this article.
22-23 (c) The department is not responsible for any injury or
22-24 damage inflicted on any person by an applicant or licensee arising
22-25 or alleged to have arisen from an action taken by the department
23-1 under this article.
23-2 Sec. 15. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
23-3 shall by rule establish minimum standards for handgun proficiency
23-4 and shall develop a course to teach handgun proficiency and
23-5 examinations to measure handgun proficiency. The course to teach
23-6 handgun proficiency must contain training sessions divided into two
23-7 parts. One part of the course must be classroom instruction and
23-8 the other part must be range instruction and an actual
23-9 demonstration by the applicant of the applicant's ability to safely
23-10 and proficiently use the handgun for which the applicant seeks
23-11 certification. The department shall distribute the standards,
23-12 course requirements, and examinations on request to any qualified
23-13 handgun instructor.
23-14 (b) A handgun proficiency course must be administered by a
23-15 qualified handgun instructor and must include at least 15 hours of
23-16 instruction on:
23-17 (1) the laws that relate to weapons and to the use of
23-18 deadly force;
23-19 (2) handgun use, proficiency, and safety;
23-20 (3) dispute resolution; and
23-21 (4) proper storage practices for handguns with an
23-22 emphasis on storage practices that eliminate the possibility of
23-23 accidental injury to a child.
23-24 (c) The department shall by rule develop a continuing
23-25 education course in handgun proficiency for a license holder who
24-1 wishes to renew a license. The continuing education course shall
24-2 be administered by a qualified handgun instructor and must include
24-3 at least four hours of instruction on the subjects listed in
24-4 Subsection (b) of this section.
24-5 (d) The proficiency examination to obtain or to renew a
24-6 license must be administered by a qualified handgun instructor and
24-7 must include:
24-8 (1) a written section on the subjects listed in
24-9 Subsection (b) of this section; and
24-10 (2) a physical demonstration of proficiency in the use
24-11 of one or more handguns of specific calibers and actions and in
24-12 handgun safety procedures.
24-13 (e) The proficiency examination to modify a license must be
24-14 administered by a qualified handgun instructor and must include a
24-15 physical demonstration of the proficiency in the use of one or more
24-16 handguns of specific calibers and actions and in handgun safety
24-17 procedures.
24-18 (f) The department shall develop and distribute directions
24-19 and materials for course instruction, test administration, and
24-20 recordkeeping. All test results shall be sent to the department,
24-21 and the department shall maintain a record of the results.
24-22 (g) A person who wishes to obtain or renew a license to
24-23 carry a concealed handgun shall apply in person to a qualified
24-24 handgun instructor to take the appropriate course in handgun
24-25 proficiency, demonstrate handgun proficiency, and obtain a handgun
25-1 proficiency certificate as described by Section 16 of this article.
25-2 (h) A license holder who wishes to modify a license to allow
25-3 the license holder to carry a handgun of a different caliber or
25-4 action than the license indicates shall apply in person to a
25-5 qualified handgun instructor to take the appropriate proficiency
25-6 examination and obtain a handgun proficiency certificate as
25-7 described by Section 16 of this article.
25-8 (i) A certified firearms instructor of the department may
25-9 monitor any class or training presented by a qualified handgun
25-10 instructor. A qualified handgun instructor shall cooperate with
25-11 the department in the department's efforts to monitor the
25-12 presentation of training by the qualified handgun instructor. A
25-13 qualified handgun instructor shall make available for inspection to
25-14 the department any and all records maintained by a qualified
25-15 handgun instructor under this article. The qualified handgun
25-16 instructor shall keep a record of all certificates of handgun
25-17 proficiency issued by the qualified handgun instructor and other
25-18 information required by the department by rule.
25-19 Sec. 16. HANDGUN PROFICIENCY CERTIFICATE. (a) The
25-20 department shall develop a sequentially numbered handgun
25-21 proficiency certificate and distribute the certificate to qualified
25-22 handgun instructors who administer the handgun proficiency
25-23 examination described in Section 15 of this article. The
25-24 department by rule may set a fee in an amount sufficient to cover
25-25 the costs of the certificates.
26-1 (b) If a person successfully completes the proficiency
26-2 requirements as described in Section 15 of this article, the
26-3 instructor shall endorse a certificate of handgun proficiency
26-4 provided by the department. An applicant must successfully
26-5 complete both classroom and range instruction to receive a
26-6 certificate. The certificate must indicate the caliber and action
26-7 of any handgun for which the applicant demonstrated proficiency
26-8 during the examination.
26-9 (c) A qualified handgun instructor may submit to the
26-10 department a written recommendation for disapproval of the
26-11 application for a license, renewal, or modification of a license,
26-12 accompanied by an affidavit stating personal knowledge or naming
26-13 persons with personal knowledge of facts that lead the instructor
26-14 to believe that an applicant is not qualified for handgun
26-15 proficiency certification despite the applicant's completion of the
26-16 proficiency requirements as described by Section 15 of this
26-17 article.
26-18 Sec. 17. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
26-19 by rule shall establish requirements for the certification of a
26-20 qualified handgun instructor. The department by rule may waive a
26-21 proficiency demonstration requirement for certification under this
26-22 section for a peace officer or a person who is employed by an
26-23 educational institution and who instructs peace officers in the use
26-24 of handguns.
26-25 (b) A qualified handgun instructor must be qualified to
27-1 instruct persons in:
27-2 (1) the laws that relate to weapons and to the use of
27-3 deadly force;
27-4 (2) handgun use, proficiency, and safety;
27-5 (3) dispute resolution; and
27-6 (4) proper storage practices for handguns, including
27-7 storage practices that eliminate the possibility of accidental
27-8 injury to a child.
27-9 (c) A qualified handgun instructor must possess a license
27-10 issued under this article to carry a concealed handgun.
27-11 (d) The department shall provide training to an individual
27-12 who applies for certification as a qualified handgun instructor.
27-13 An applicant shall pay a fee of $100 to the department for the
27-14 training. An applicant must take and successfully complete the
27-15 training offered by the department, pay the training fee, and
27-16 obtain a license to carry a concealed handgun before the department
27-17 may certify the applicant as a qualified handgun instructor. The
27-18 department shall waive the requirements regarding a handgun
27-19 proficiency certification under Section 16 of this article for an
27-20 applicant for a license to carry a concealed handgun who takes and
27-21 successfully completes training under this subsection and pays the
27-22 training fee. The department by rule may prorate or waive the
27-23 training fee for an employee of another governmental entity.
27-24 (e) The certification of a qualified handgun instructor
27-25 expires on the first anniversary after the date of certification.
28-1 To renew a certification, the qualified handgun instructor must pay
28-2 a fee of $100 and take and successfully complete the retraining
28-3 courses required by rule of the department.
28-4 (f) After certification, a qualified handgun instructor may
28-5 conduct training for applicants for a license under this article.
28-6 (g) If the department revokes, suspends, or denies a license
28-7 to carry a concealed handgun of a qualified handgun instructor or
28-8 an applicant for certification as a qualified handgun instructor,
28-9 the department shall take the same action against the certification
28-10 as a qualified handgun instructor.
28-11 Sec. 18. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
28-12 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
28-13 the review of a denial, revocation, or suspension of a license
28-14 under Section 6 of this article apply to the review of a denial,
28-15 revocation, or suspension of certification as a qualified handgun
28-16 instructor. The notice provisions of this article relating to
28-17 denial, revocation, or suspension of handgun licenses apply to the
28-18 proposed denial, revocation, or suspension of a certification of a
28-19 qualified handgun instructor or applicant therefor.
28-20 Sec. 19. CONFIDENTIALITY OF RECORDS. The department may
28-21 disclose whether or not an individual is licensed under this
28-22 article. All other records maintained under this article are
28-23 confidential and are not subject to mandatory disclosure under the
28-24 open records law, Chapter 424, Acts of the 63rd Legislature,
28-25 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
29-1 Statutes), and its subsequent amendments.
29-2 Sec. 20. RULES. The director shall adopt rules to
29-3 administer this article.
29-4 Sec. 21. FUNDS. The department shall forward the fees
29-5 collected under this article to the comptroller of public accounts.
29-6 The comptroller shall deposit the fees to the credit of an account
29-7 in the general revenue fund to be known as the concealed handgun
29-8 license account. The legislature may appropriate funds from the
29-9 account only for the purpose of paying the costs of the department
29-10 in implementing this article. At the end of each fiscal year, the
29-11 comptroller shall transfer the excess funds in the account to the
29-12 general revenue fund.
29-13 Sec. 22. APPLICATION TO PEACE OFFICERS. Except as provided
29-14 by Section 26 of this article, the provisions of this article
29-15 relating to the carrying of concealed weapons do not apply to a
29-16 peace officer, unless the peace officer applies to be certified as
29-17 a qualified handgun instructor.
29-18 Sec. 23. NOTICE. (a) For the purpose of a notice required
29-19 by this article, the department may assume that the address
29-20 currently reported to the department by the applicant or license
29-21 holder is the correct address.
29-22 (b) A written notice meets the requirements under this
29-23 article if the notice is sent by certified mail to the current
29-24 address reported by the applicant or license holder to the
29-25 department.
30-1 (c) If a notice is returned to the department because the
30-2 notice is not deliverable, the department may give notice by
30-3 publication once in a newspaper of general interest in the county
30-4 of the applicant's or license holder's last reported address. On
30-5 the 31st day after the date the notice is published, the department
30-6 may take the action proposed in the notice.
30-7 Sec. 24. METHOD OF PAYMENT. A person may pay a fee required
30-8 by this article only by cashier's check, money order made payable
30-9 to the "Texas Department of Public Safety", or any other method
30-10 approved by the department. A fee received by the department under
30-11 this article is non-refundable.
30-12 Sec. 25. LICENSE A BENEFIT. The issuance of a license under
30-13 this article is a benefit to the license holder for purposes of
30-14 those sections of the Penal Code to which the definition of
30-15 "benefit" under Section 1.07, Penal Code, and its subsequent
30-16 amendments apply.
30-17 Sec. 26. HONORABLY RETIRED PEACE OFFICERS. (a) A person
30-18 who is licensed as a peace officer under Chapter 415, Government
30-19 Code, and its subsequent amendments and who has been employed
30-20 full-time as a peace officer by a law enforcement agency may apply
30-21 for a license under the article on retirement. The application
30-22 must be made not later than the 90th day after the date of
30-23 retirement.
30-24 (b) The person shall submit two complete sets of legible and
30-25 classifiable fingerprints and a sworn statement from the head of
31-1 the law enforcement agency employing the applicant. The statement
31-2 shall include:
31-3 (1) the name and rank of the applicant;
31-4 (2) the status of the applicant before retirement;
31-5 (3) whether or not the applicant was accused of
31-6 misconduct at the time of the retirement;
31-7 (4) the physical and mental condition of the
31-8 applicant;
31-9 (5) the type of weapons the applicant had demonstrated
31-10 proficiency with during the last year of employment;
31-11 (6) whether the applicant would be eligible for
31-12 reemployment with the agency, and if not, the reasons the applicant
31-13 is not eligible; and
31-14 (7) a recommendation from the agency head regarding
31-15 the issuance of a license under this article.
31-16 (c) The department may issue a license under this article to
31-17 an applicant under this section if the applicant is honorably
31-18 retired and physically and emotionally fit to possess a handgun.
31-19 In this subsection, "honorably retired" means the applicant:
31-20 (1) did not retire in lieu of any disciplinary action;
31-21 (2) was employed as a full-time peace officer for not
31-22 less than 10 years by one agency; and
31-23 (3) is entitled to receive a pension or annuity for
31-24 service as a law enforcement officer.
31-25 (d) An applicant under this section shall pay a fee of $25
32-1 for a license issued under this article.
32-2 (e) A retired peace officer who obtains a license under this
32-3 article must maintain proficiency for the type of caliber and
32-4 action of weapon licensed as required for a peace officer under
32-5 Section 415.035, Government Code, and its subsequent amendments.
32-6 The proficiency shall be reported to the department on application
32-7 and renewal.
32-8 Sec. 27. APPLICATION TO LICENSED SECURITY OFFICERS. This
32-9 article does not exempt a license holder who is also employed as a
32-10 security officer and licensed under the Private Investigators and
32-11 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
32-12 Civil Statutes) from the duty to comply with the provisions of that
32-13 Act or Section 46.02, Penal Code, and its subsequent amendments.
32-14 SECTION 2. Section 46.03(a), Penal Code, is amended to read
32-15 as follows:
32-16 (a) The provisions of Section 46.02 of this code do not
32-17 apply to a person:
32-18 (1) in the actual discharge of his official duties as
32-19 a member of the armed forces or state military forces as defined by
32-20 Section 431.001, Government Code, or as a guard employed by a penal
32-21 institution;
32-22 (2) on his own premises or premises under his control
32-23 unless he is an employee or agent of the owner of the premises and
32-24 his primary responsibility is to act in the capacity of a security
32-25 guard to protect persons or property, in which event he must comply
33-1 with Subdivision (5) of this subsection;
33-2 (3) traveling;
33-3 (4) engaging in lawful hunting, fishing, or other
33-4 sporting activity if the weapon is a type commonly used in the
33-5 activity;
33-6 (5) who holds a security officer commission issued by
33-7 the Texas Board of Private Investigators and Private Security
33-8 Agencies, if:
33-9 (A) he is engaged in the performance of his
33-10 duties as a security officer or traveling to and from his place of
33-11 assignment;
33-12 (B) he is wearing a distinctive uniform; and
33-13 (C) the weapon is in plain view; <or>
33-14 (6) who is a peace officer, other than a person
33-15 commissioned by the Texas State Board of Pharmacy; or
33-16 (7) carrying a concealed handgun and a valid license
33-17 issued under Article 4413(29ee), Revised Statutes, to carry a
33-18 concealed handgun of the same caliber and action as the handgun the
33-19 person is carrying.
33-20 SECTION 3. (a) This Act takes effect September 1, 1993,
33-21 except that a license issued under this Act before January 1, 1994,
33-22 is not effective until January 1, 1994. A license issued before
33-23 January 1, 1994, shall be clearly marked to reflect the date on
33-24 which it becomes effective, and the director of the Department of
33-25 Public Safety shall inform each recipient of a license before that
34-1 date that the license is not effective until that date.
34-2 (b) Notwithstanding Section 8(a), Article 4413(29ee),
34-3 Revised Statutes, as added by this Act, the Department of Public
34-4 Safety by rule may adopt a system to implement staggered and evenly
34-5 distributed license expiration dates over the four-year period
34-6 beginning January 1, 1994. The department may not issue a license
34-7 that is effective for less than two years. A license that is
34-8 effective for less than four years and is renewed expires as
34-9 provided by Section 8(b), Article 4413(29ee), Revised Statutes, as
34-10 added by this Act. Notwithstanding Section 3(a)(6), Article
34-11 4413(29ee), Revised Statutes, as added by this Act, the department
34-12 by rule shall prorate the nonrefundable application and license fee
34-13 for applicants who receive licenses that are effective for less
34-14 than four years under this subsection.
34-15 SECTION 4. An offense committed before January 1, 1994, is
34-16 covered by the law in effect when the offense is committed, and the
34-17 former law is continued in effect for this purpose.
34-18 SECTION 5. The importance of this legislation and the
34-19 crowded condition of the calendars in both houses create an
34-20 emergency and an imperative public necessity that the
34-21 constitutional rule requiring bills to be read on three several
34-22 days in each house be suspended, and this rule is hereby suspended.