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.