By:  Patterson, et al.                                  S.B. No. 60
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the issuance of a license to carry a concealed handgun;
    1-2  requiring of an applicant for the license a handgun proficiency and
    1-3  safety training course and a criminal background check; providing
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 70, Revised Statutes, is amended by adding
    1-7  Article 4413(29ee) to read as follows:
    1-8        Art. 4413(29ee).  LICENSE TO CARRY A CONCEALED HANDGUN
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Action" means single action, revolver, or
   1-11  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:
   1-24                    (A)  the imposition of the sentence is
    2-1  subsequently probated and the person is discharged from community
    2-2  supervision; 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.
   2-12              (8)  "Intoxicated" has the meaning assigned by Section
   2-13  49.01, Penal Code.
   2-14              (9)  "Qualified handgun instructor" means a person who
   2-15  is certified to instruct in the use of handguns by the department.
   2-16              (10)  "Unsound mind" means the mental condition of a
   2-17  person who:
   2-18                    (A)  has been adjudicated mentally incompetent,
   2-19  mentally ill, or not guilty of a criminal offense by reason of
   2-20  insanity; or
   2-21                    (B)  has been diagnosed by a licensed physician
   2-22  as being characterized by a mental disorder or infirmity that
   2-23  renders the person incapable of managing the person's self or the
   2-24  person's affairs, unless the person furnishes a certificate from a
   2-25  licensed physician stating that the person is no longer disabled.
   2-26        Sec. 2.  ELIGIBILITY.  (a)  A person is eligible for a
   2-27  license to carry a concealed handgun if the person:
    3-1              (1)  is a legal resident of this state for the
    3-2  six-month period preceding the date of application under this
    3-3  article;
    3-4              (2)  is at least 21 years of age;
    3-5              (3)  has not been convicted of a felony;
    3-6              (4)  is not charged with the commission of a Class A or
    3-7  Class B misdemeanor or an offense under Section 42.01, Penal Code,
    3-8  or of a felony under an information or indictment;
    3-9              (5)  is not a fugitive from justice for a felony or a
   3-10  Class A or Class B misdemeanor;
   3-11              (6)  is not a chemically dependent person;
   3-12              (7)  is not a person of unsound mind;
   3-13              (8)  has not, in the five years preceding the date of
   3-14  application, been convicted of a Class A or Class B misdemeanor or
   3-15  an offense under Section 42.01, Penal Code;
   3-16              (9)  is not an illegal alien;
   3-17              (10)  is fully qualified under applicable federal and
   3-18  state law to purchase a handgun;
   3-19              (11)  has not been finally determined to be delinquent
   3-20  in making a child support payment administered or collected by the
   3-21  attorney general;
   3-22              (12)  has not been finally determined to be delinquent
   3-23  in the payment of a tax or other money collected by the
   3-24  comptroller, state treasurer, or Texas Alcoholic Beverage
   3-25  Commission;
   3-26              (13)  has not been finally determined to be in default
   3-27  on a loan made under Chapter 57, Education Code;
    4-1              (14)  is not currently restricted under a court
    4-2  protective order;
    4-3              (15)  has not, in the 10 years preceding the date of
    4-4  application, been adjudicated as having engaged in delinquent
    4-5  conduct violating a penal law of the grade of felony; and
    4-6              (16)  has not made any material misrepresentation, or
    4-7  failed to disclose any material fact, in an application submitted
    4-8  pursuant to Section 3 of this article or in a request for
    4-9  application submitted pursuant to Section 4 of this article.
   4-10        (b)  For the purposes of this section, an offense under the
   4-11  laws of this state, another state, or the United States is:
   4-12              (1)  a felony if the offense is so designated by law or
   4-13  if confinement for one year or more in a penitentiary is affixed to
   4-14  the offense as a possible punishment; and
   4-15              (2)  a Class A misdemeanor if the offense is not a
   4-16  felony and confinement in a jail other than a state jail felony
   4-17  facility is affixed as a possible punishment.
   4-18        (c)  An individual who has been convicted two times of an
   4-19  offense of the grade of Class B misdemeanor or greater that
   4-20  involved alcohol shall be deemed to be a person who is chemically
   4-21  dependent and is not qualified to receive a license under this
   4-22  article.  Nothing in this subsection shall preclude the
   4-23  disqualification of an individual for being a chemically dependent
   4-24  person if other evidence exists that the person is a chemically
   4-25  dependent person.
   4-26        Sec. 3.  APPLICATION.  (a)  An applicant for a license to
   4-27  carry a concealed handgun must submit to the director's designee
    5-1  described by Section 4 of this article:
    5-2              (1)  a completed application on a form provided by the
    5-3  department that requires only the information listed in Subsection
    5-4  (b) of this section;
    5-5              (2)  two recent color passport photographs of the
    5-6  applicant;
    5-7              (3)  a certified copy of the applicant's birth
    5-8  certificate or certified proof of age;
    5-9              (4)  proof of residency in this state;
   5-10              (5)  two complete sets of legible and classifiable
   5-11  fingerprints of the applicant taken by a law enforcement agency on
   5-12  a form approved by the department;
   5-13              (6)  a nonrefundable application and license fee of
   5-14  $140 paid to the department;
   5-15              (7)  a handgun proficiency certificate described by
   5-16  Section 16 of this article;
   5-17              (8)  an affidavit signed by the applicant stating that
   5-18  the applicant:
   5-19                    (A)  has read and understands each provision of
   5-20  this article that creates an offense under the laws of this state
   5-21  and each provision of the laws of this state related to use of
   5-22  deadly force; and
   5-23                    (B)  fulfills all the eligibility requirements
   5-24  listed under Section 2 of this article; and
   5-25              (9)  a form executed by the applicant that waives
   5-26  confidentiality provided by the Freedom of Information Act (5
   5-27  U.S.C. Section 552), the Privacy Act of 1974 (5 U.S.C. Section
    6-1  552a), or other law and authorizes any law enforcement agency or
    6-2  the director's designee to make an inquiry into any records,
    6-3  including medical records directly related to determining the
    6-4  applicant's eligibility for a license.
    6-5        (b)  An applicant must provide on the application a statement
    6-6  of the applicant's:
    6-7              (1)  full name and place and date of birth;
    6-8              (2)  race and sex;
    6-9              (3)  residence and business addresses for the preceding
   6-10  five years;
   6-11              (4)  hair and eye color;
   6-12              (5)  height and weight;
   6-13              (6)  driver's license number or identification
   6-14  certificate number issued by the department;
   6-15              (7)  criminal history record information of the type
   6-16  maintained by the department under Chapter 411, Government Code,
   6-17  including a list of offenses for which the applicant was arrested,
   6-18  charged, or under an information or indictment and the disposition
   6-19  of the offenses; and
   6-20              (8)  history during the preceding five years, if any,
   6-21  of commitment to or residence in a drug or alcohol treatment center
   6-22  licensed to provide drug or alcohol treatment under the laws of
   6-23  this state or another state.
   6-24        (c)  The department shall distribute on request a copy of
   6-25  this article and application materials.
   6-26        Sec. 4.  REQUEST FOR APPLICATION MATERIALS.  (a)  A person
   6-27  applying for a license to carry a concealed handgun must apply by
    7-1  obtaining from a handgun dealer or the department a request for
    7-2  application materials.  This request for application materials
    7-3  shall include the applicant's full name, address, race, sex,
    7-4  height, date of birth, and driver's license number and such other
    7-5  identifying information as may be required by the department by
    7-6  rule.  This request shall be in a form prescribed by the department
    7-7  and made available to interested parties by the department.  An
    7-8  individual who desires to receive application materials shall
    7-9  complete the request for application materials and forward it to
   7-10  the department at its Austin address.  The department shall review
   7-11  all such requests for application materials and make a preliminary
   7-12  determination as to whether or not the individual is qualified to
   7-13  receive a handgun license.  If an individual is not disqualified to
   7-14  receive a handgun license, the department shall forward to the
   7-15  individual the appropriate application materials as described in
   7-16  this article.  The applicant shall complete the application
   7-17  materials and forward the completed materials to the department at
   7-18  its Austin address.
   7-19        (b)  In the event that a preliminary review indicates that an
   7-20  individual will not be qualified to receive a handgun license, the
   7-21  department shall send written notification to that individual.  The
   7-22  notice shall provide the reason that the preliminary review
   7-23  indicates that the individual is not entitled to receive a handgun
   7-24  license.  The individual shall be given an opportunity to correct
   7-25  whatever defect may exist.
   7-26        Sec. 5.  LICENSE.  (a)  The department shall issue a license
   7-27  to carry a concealed handgun to an applicant if the applicant meets
    8-1  all the eligibility requirements and submits all the application
    8-2  materials.  The department may issue a license to carry handguns
    8-3  only of the categories indicated on the applicant's certificate of
    8-4  proficiency issued under Section 16 of this article.  The
    8-5  department shall administer the licensing procedures in good faith
    8-6  so that any applicant who meets all the eligibility requirements
    8-7  and submits all the application materials shall receive a license.
    8-8  The department may not deny an application on the basis of a
    8-9  capricious or arbitrary decision by the department.
   8-10        (b)(1)  After January 1, 1997, the department, not later than
   8-11  the 60th day after the date of the receipt by the director's
   8-12  designee of the completed application materials, shall:
   8-13                    (A)  issue the license; or
   8-14                    (B)  notify the applicant in writing that the
   8-15  application was denied:
   8-16                          (i)  on the grounds that the applicant
   8-17  failed to qualify under the criteria listed in Section 2 of this
   8-18  article;
   8-19                          (ii)  based on the affidavit of the
   8-20  director's designee submitted to the department under Section 6(d)
   8-21  of this article; or
   8-22                          (iii)  based on the affidavit of the
   8-23  qualified handgun instructor submitted to the department under
   8-24  Section 16(c) of this article.
   8-25              (2)  Between the effective date of this article and
   8-26  December 31, 1996, the department shall perform the duties set out
   8-27  in this subsection not later than the 90th day after the date of
    9-1  the receipt by the director's designee of the completed application
    9-2  materials.
    9-3        (c)  If the department issues a license, the department shall
    9-4  notify the sheriff of the county in which the license holder
    9-5  resides that a license has been issued to the license holder.  On
    9-6  request of a local law enforcement agency, the department shall
    9-7  notify the agency of the licenses that have been issued to license
    9-8  holders who reside in the county in which the agency is located.
    9-9        (d)  A license issued under this article is effective from
   9-10  the date of issuance.
   9-11        (e)  The department by rule shall adopt the form of the
   9-12  license.  A license must include:
   9-13              (1)  a number assigned to the license holder by the
   9-14  department;
   9-15              (2)  a statement of the period for which the license is
   9-16  effective;
   9-17              (3)  a statement of the category or categories of
   9-18  handguns the license holder may carry as provided by Subsection (f)
   9-19  of this section;
   9-20              (4)  a color photograph of the license holder; and
   9-21              (5)  the license holder's full name, date of birth,
   9-22  residence address, hair and eye color, height, weight, signature,
   9-23  and the number of a driver's license or an identification
   9-24  certificate issued to the license holder by the department.
   9-25        (f)  A category of handguns contains handguns that are not
   9-26  prohibited by law and are of certain actions.  The categories of
   9-27  handguns are as follows:
   10-1              (1)  SA:  any handguns, whether semi-automatic or not;
   10-2  and
   10-3              (2)  NSA:  handguns that are not semi-automatic.
   10-4        (g)  On a demand by a magistrate or a peace officer that a
   10-5  license holder display the license holder's handgun license, the
   10-6  license holder shall display both the license and the license
   10-7  holder's driver's license or identification certificate issued by
   10-8  the department.
   10-9        (h)  If a license holder is carrying a handgun on or about
  10-10  the license holder's person when a magistrate or a peace officer
  10-11  demands that the license holder display identification, the license
  10-12  holder shall display both the license holder's driver's license or
  10-13  identification certificate issued by the department and the license
  10-14  holder's handgun license.
  10-15        (i)  A person commits an offense if the person fails or
  10-16  refuses to display the license and identification as required by
  10-17  Subsection (g) or (h) of this section.  An offense under this
  10-18  subsection is a Class B misdemeanor.
  10-19        Sec. 6.  NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF
  10-20  LICENSE; REVIEW.  (a)  The department shall give written notice to
  10-21  each applicant for a handgun license of any denial, revocation, or
  10-22  suspension of that license.  Not later than the 30th day after the
  10-23  notice is received by the applicant, according to the records of
  10-24  the department, the applicant or license holder may request a
  10-25  hearing on the denial, revocation, or suspension.  The applicant
  10-26  must make a written request for a hearing addressed to the
  10-27  department at its Austin address.  The request for hearing must
   11-1  reach the department in Austin prior to the 30th day after the date
   11-2  of receipt of the written notice.  On receipt of a request for
   11-3  hearing from a license holder or applicant, the department shall
   11-4  promptly schedule a hearing in the appropriate justice court in the
   11-5  county of residence of the applicant or license holder.  The
   11-6  justice court shall conduct a hearing to review the denial,
   11-7  revocation, or suspension of the license.  In a proceeding under
   11-8  this section, a justice of the peace shall act as an administrative
   11-9  hearing officer.  A hearing under this section is not subject to
  11-10  Chapter 2001, Government Code (Administrative Procedure Act).  The
  11-11  department may be represented by a district attorney or county
  11-12  attorney, the attorney general, or a designated member of the
  11-13  department.
  11-14        (b)  The department, on receipt of a request for hearing,
  11-15  shall file the appropriate petition in the justice court selected
  11-16  for the hearing and send a copy of that petition to the applicant
  11-17  or license holder at the address contained in departmental records.
  11-18  A hearing under this section must be scheduled within 30 days of
  11-19  receipt of the request for a hearing.  The hearing shall be held
  11-20  expeditiously but in no event more than 60 days after the date that
  11-21  the applicant or license holder requested the hearing.  The date of
  11-22  the hearing may be reset on the motion of either party, by
  11-23  agreement of the parties, or by the court as necessary to
  11-24  accommodate the court's docket.
  11-25        (c)  On receipt of the application materials by the
  11-26  department at its Austin headquarters, the department will conduct
  11-27  the appropriate criminal history record check of the applicant
   12-1  through its computerized criminal history system.  Within 30 days
   12-2  of receipt of the application materials, they will be forwarded to
   12-3  the director's designee in the geographical area of the applicant's
   12-4  residence to conduct the investigation detailed in Subsection (d)
   12-5  of this section.
   12-6        (d)  The director's designee in the appropriate geographical
   12-7  area shall, as needed, conduct an additional criminal history
   12-8  record check of the applicant and an investigation of the
   12-9  applicant's local official records to verify the accuracy of the
  12-10  application materials.  The scope of the record check and the
  12-11  investigation are at the sole discretion of the department.  On
  12-12  completion of the investigation, the director's designee shall
  12-13  return all materials and the result of the investigation to the
  12-14  appropriate division of the department at its Austin headquarters.
  12-15  The director's designee may submit to the appropriate division of
  12-16  the department, at the department's Austin headquarters, along with
  12-17  the application materials a written recommendation for disapproval
  12-18  of the application, accompanied by an affidavit stating personal
  12-19  knowledge or naming persons with personal knowledge of a ground for
  12-20  denial under Section 2 of this article.  The director's designee in
  12-21  the appropriate geographical area may also submit the application
  12-22  and the recommendation that the license be issued.
  12-23        (e)  The justice court shall determine if the denial,
  12-24  revocation, or suspension is supported by a preponderance of the
  12-25  evidence.  Both the applicant or license holder and the department
  12-26  may present evidence.  The court shall affirm the denial,
  12-27  revocation, or suspension if the court determines that denial,
   13-1  revocation, or suspension was supported by a preponderance of the
   13-2  evidence.  If the court determines that the denial, revocation, or
   13-3  suspension was not supported by a preponderance of the evidence,
   13-4  the court shall order the department to immediately issue or return
   13-5  the license to the applicant or license holder.
   13-6        (f)  A proceeding under this section is subject to Chapter
   13-7  105, Civil Practice and Remedies Code, relating to fees, expenses,
   13-8  and attorney's fees.
   13-9        (g)  A party adversely affected by the court's ruling
  13-10  following a hearing under this section may appeal the ruling by
  13-11  filing within 30 days after the ruling a petition in a county court
  13-12  at law in the county in which the applicant or license holder
  13-13  resides or, if there is no county court at law in the county, in
  13-14  the county court of the county.  A person who appeals under this
  13-15  section must send by certified mail a copy of the person's
  13-16  petition, certified by the clerk of the court in which the petition
  13-17  is filed, to the appropriate division of the department at its
  13-18  Austin headquarters.  The trial on appeal shall be a trial de novo
  13-19  without a jury.  The department may be represented by a district or
  13-20  county attorney or the attorney general.
  13-21        (h)  A suspension of a license may not be probated.
  13-22        (i)  If an applicant or a license holder does not petition
  13-23  the justice court, a denial becomes final and a revocation or
  13-24  suspension takes effect on the 30th day after receipt of written
  13-25  notice.  Failure of the director to issue or deny a license as
  13-26  required under Section 5(b) of this article for a period of more
  13-27  than 30 days after he is required to act under that section
   14-1  constitutes denial.
   14-2        (j)  The department is specifically authorized to utilize and
   14-3  to introduce into evidence certified copies of governmental records
   14-4  to establish the existence of certain events which could result in
   14-5  the denial, revocation, or suspension of a license under this
   14-6  article, including but not limited to records regarding
   14-7  convictions, judicial findings regarding mental competency,
   14-8  judicial findings regarding chemical dependency, or other matters
   14-9  that may be established by governmental records which have been
  14-10  properly authenticated.
  14-11        Sec. 7.  NOTICE OF CHANGE OF ADDRESS OR NAME.  (a)  If a
  14-12  person, after applying for or receiving a license, moves from the
  14-13  address stated in the application or on the license or if the name
  14-14  of the person is changed by marriage or otherwise, the person
  14-15  shall, not later than the 30th day after the date of the address or
  14-16  name change, notify the department and provide the department with
  14-17  the number of the person's license if a license has been issued and
  14-18  the person's:
  14-19              (1)  former and new addresses; or
  14-20              (2)  former and new names.
  14-21        (b)  If the name of the license holder is changed by marriage
  14-22  or otherwise, the person shall apply for a duplicate license.
  14-23        (c)  If a license holder moved from the address on the
  14-24  license, the person shall apply for a duplicate license.
  14-25        (d)  The department shall charge a license holder a fee of
  14-26  $25 for a duplicate license.
  14-27        (e)  The department shall make the forms available on
   15-1  request.
   15-2        (f)  The department shall notify the sheriff of the county in
   15-3  which a license holder resides of a change made under Subsection
   15-4  (a) of this section by the license holder.  On request of a local
   15-5  law enforcement agency, the department shall notify the agency of
   15-6  changes made under Subsection (a) of this section by license
   15-7  holders who reside in the county in which the agency is located.
   15-8        (g)  If a license is lost, stolen, or destroyed, the license
   15-9  holder shall apply for a duplicate license not later than the 30th
  15-10  day after the date of the loss, theft, or destruction of the
  15-11  license.
  15-12        (h)  If a license holder is required under this section to
  15-13  apply for a duplicate license and the license expires not later
  15-14  than the 60th day after the date of the loss, theft, or destruction
  15-15  of the license, the applicant may renew the license with the
  15-16  modified information included on the new license.  The applicant
  15-17  shall pay only the nonrefundable renewal fee.
  15-18        Sec. 8.  EXPIRATION.  (a)  A license issued under this
  15-19  article expires on the first birthday of the license holder
  15-20  occurring after the fourth anniversary of the date of issuance.
  15-21        (b)  A renewed license expires on the license holder's
  15-22  birthdate, four years after the date of the expiration of the
  15-23  previous license.
  15-24        (c)  A duplicate license expires on the date the license that
  15-25  was duplicated would have expired.
  15-26        (d)  A modified license expires on the date the license that
  15-27  was modified would have expired.
   16-1        Sec. 9.  MODIFICATION.  (a)  To modify a license to allow a
   16-2  license holder to carry a handgun of a different category than the
   16-3  license indicates, the license holder must:
   16-4              (1)  complete a proficiency examination as provided by
   16-5  Section 15(d) of this article;
   16-6              (2)  obtain a handgun proficiency certificate under
   16-7  Section 16 of this article not more than six months before the date
   16-8  of application for a modified license; and
   16-9              (3)  submit to the department:
  16-10                    (A)  an application for a modified license on a
  16-11  form provided by the department;
  16-12                    (B)  a copy of the handgun proficiency
  16-13  certificate;
  16-14                    (C)  payment of a modified license fee of $25;
  16-15  and
  16-16                    (D)  two recent color passport photographs of the
  16-17  license holder.
  16-18        (b)  The director by rule shall adopt a modified license
  16-19  application form requiring an update of the information on the
  16-20  original completed application.
  16-21        (c)  The department may modify the license of a license
  16-22  holder who meets all the eligibility requirements and submits all
  16-23  the modification materials.  Not later than the 45th day after
  16-24  receipt of the modification materials, the department shall issue
  16-25  the modified license or notify the license holder in writing that
  16-26  the modified license application was denied.
  16-27        (d)  On receipt of a modified license, the license holder
   17-1  shall return the previously issued license to the department.
   17-2        Sec. 10.  RENEWAL.  (a)  To renew a license, a license holder
   17-3  must:
   17-4              (1)  complete a continuing education course in handgun
   17-5  proficiency under Section 15(c) of this article not more than six
   17-6  months before the date of application for renewal;
   17-7              (2)  obtain a handgun proficiency certificate under
   17-8  Section 16 of this article not more than six months before the date
   17-9  of application for renewal; and
  17-10              (3)  submit to the department:
  17-11                    (A)  an application for renewal on a form
  17-12  provided by the department;
  17-13                    (B)  a copy of the handgun proficiency
  17-14  certificate;
  17-15                    (C)  payment of a nonrefundable renewal fee as
  17-16  set by the department; and
  17-17                    (D)  two recent color passport photographs of the
  17-18  applicant.
  17-19        (b)  The director by rule shall adopt a renewal application
  17-20  form requiring an update of the information on the original
  17-21  completed application.  The director by rule shall set the renewal
  17-22  fee in an amount that is sufficient to cover the actual cost to the
  17-23  department to renew a license.  Not later than the 60th day before
  17-24  the expiration date of the license, the department shall mail to
  17-25  each license holder a written notice of the expiration of the
  17-26  license and a renewal form.
  17-27        (c)  The department shall renew the license of a license
   18-1  holder who meets all the eligibility requirements and submits all
   18-2  the renewal materials.  Not later than the 45th day after receipt
   18-3  of the renewal materials, the department shall issue the renewal or
   18-4  notify the license holder in writing that the renewal application
   18-5  was denied.
   18-6        Sec. 11.  REVOCATION.  (a)  A license may be revoked under
   18-7  this section if the license holder:
   18-8              (1)  was not entitled to the license at the time it was
   18-9  issued;
  18-10              (2)  gave false information on the application;
  18-11              (3)  subsequently becomes ineligible for a license
  18-12  under Section 2 of this article; or
  18-13              (4)  is convicted of an offense under Section 13 of
  18-14  this article.
  18-15        (b)  If a peace officer believes a reason listed in
  18-16  Subsection (a) of this section to revoke a license exists, the
  18-17  peace officer shall prepare an affidavit on a form provided by the
  18-18  department stating the reason for the revocation of the license and
  18-19  giving the department all of the information available to the peace
  18-20  officer at the time of the preparation of the form.  The officer
  18-21  shall attach the officer's reports relating to the license holder
  18-22  to the form and send the form and attachments to the appropriate
  18-23  division of the department at its Austin headquarters not later
  18-24  than the fifth working day after the date the form is prepared.
  18-25  The officer shall send a copy of the form without the attachments
  18-26  to the license holder.  If the license holder has not surrendered
  18-27  the license or the license was not seized as evidence, the license
   19-1  holder shall surrender the license to the appropriate division of
   19-2  the department not later than the 10th day after the date the
   19-3  license holder receives the notice of revocation from the
   19-4  department, unless the license holder requests a hearing from the
   19-5  department.  The license holder may request that a justice court
   19-6  review the revocation as provided by Section 6 of this article.  If
   19-7  a request is made for the justice court to review the revocation
   19-8  and hold a hearing, the license holder shall surrender the license
   19-9  on the date an order of revocation has been entered by the justice
  19-10  court.
  19-11        (c)  A license holder whose license has been revoked for a
  19-12  reason listed in this section may reapply as a new applicant for
  19-13  the issuance of a license under this article after the second
  19-14  anniversary of the date of the revocation if the cause for
  19-15  revocation does not exist on the date of the second anniversary.
  19-16  If the cause of revocation exists on the date of the second
  19-17  anniversary after the date of revocation, the license holder may
  19-18  not apply for a new license until the cause for the revocation no
  19-19  longer exists and has not existed for a period of two years.
  19-20        Sec. 12.  SUSPENSION OF LICENSE.  (a)  A license may be
  19-21  suspended under this section if the license holder:
  19-22              (1)  is convicted of disorderly conduct punishable as a
  19-23  Class C misdemeanor under Section 42.01, Penal Code;
  19-24              (2)  fails to display a license as required by Section
  19-25  5 of this article;
  19-26              (3)  fails to notify the department of a change of
  19-27  address or name as required by Section 7 of this article;
   20-1              (4)  carries a concealed handgun under the authority of
   20-2  this article of a different category than the license holder is
   20-3  licensed to carry;
   20-4              (5)  has been charged by indictment with the commission
   20-5  of an offense that would make the license holder ineligible for a
   20-6  license on conviction; or
   20-7              (6)  fails to return a previously issued license after
   20-8  a license is modified as required by Section 9(d) of this article.
   20-9        (b)  If any peace officer believes a reason listed in
  20-10  Subsection (a) of this section to suspend a license exists, the
  20-11  officer shall prepare an affidavit on a form provided by the
  20-12  department stating the reason for the suspension of the license and
  20-13  giving the department all of the information available to the
  20-14  officer at the time of the preparation of the form.  The officer
  20-15  shall attach the officer's reports relating to the license holder
  20-16  to the form and send the form and the attachments to the
  20-17  appropriate division of the department at its Austin headquarters
  20-18  not later than the fifth working day after the date the form is
  20-19  prepared.  The officer shall send a copy of the form without the
  20-20  attachments to the license holder.  If the license holder has not
  20-21  surrendered the license or the license was not seized as evidence,
  20-22  the license holder shall surrender the license to the appropriate
  20-23  division of the department not later than the 10th day after the
  20-24  date the license holder receives the notice of suspension from the
  20-25  department unless the license holder requests a hearing from the
  20-26  department.  The license holder may request that a justice court
  20-27  review the suspension as provided by Section 6 of this article.  If
   21-1  a request is made for the justice court to review the suspension
   21-2  and hold a hearing, the license holder shall surrender the license
   21-3  on the date an order of suspension has been entered by the justice
   21-4  court.
   21-5        (c)  A license may be suspended under this section for not
   21-6  less than 90 days and not more than two years.
   21-7        Sec. 13.  SEIZURE OF HANDGUN AND LICENSE.  (a)  If a peace
   21-8  officer arrests a license holder who is carrying a handgun under
   21-9  the authority of this article for any felony or misdemeanor offense
  21-10  involving moral turpitude, the peace officer shall seize the
  21-11  license holder's handgun and license as evidence.
  21-12        (b)  The provisions of Article 18.19, Code of Criminal
  21-13  Procedure, relating to the disposition of weapons seized in
  21-14  connection with criminal offenses, apply to a handgun seized under
  21-15  this subsection.
  21-16        (c)  Any judgment of conviction entered by any court for an
  21-17  offense under Section 46.035, Penal Code, shall contain the handgun
  21-18  license number of the convicted license holder.  A certified copy
  21-19  of the judgment is conclusive and sufficient evidence to justify
  21-20  revocation of a license under Section 11(a)(4) of this article.
  21-21        Sec. 14.  LIMITATION OF LIABILITY.  (a)  A court may not hold
  21-22  the state, an agency or subdivision of the state, an officer or
  21-23  employee of the state, a peace officer, or a qualified handgun
  21-24  instructor liable for damages caused by:
  21-25              (1)  an action authorized under this article or failure
  21-26  to perform a duty imposed by this article; or
  21-27              (2)  the actions of an applicant or license holder that
   22-1  occur after the applicant has received a license or been denied a
   22-2  license under this article.
   22-3        (b)  A cause of action in damages may not be brought against
   22-4  the state, an agency or subdivision of the state, an officer or
   22-5  employee of the state, a peace officer, or a qualified handgun
   22-6  instructor for any damage caused by the actions of an applicant or
   22-7  license holder under this article.
   22-8        (c)  The department is not responsible for any injury or
   22-9  damage inflicted on any person by an applicant or license holder
  22-10  arising or alleged to have arisen from an action taken by the
  22-11  department under this article.
  22-12        (d)  The immunities granted above under Subsections (a), (b),
  22-13  and (c) do not apply to acts or failures to act by the state, an
  22-14  agency or subdivision of the state, an officer of the state, or a
  22-15  peace officer when such acts or failures to act were capricious or
  22-16  arbitrary.
  22-17        Sec. 15.  HANDGUN PROFICIENCY REQUIREMENT.  (a)  The director
  22-18  shall by rule establish minimum standards for handgun proficiency
  22-19  and shall develop a course to teach handgun proficiency and
  22-20  examinations to measure handgun proficiency.  The course to teach
  22-21  handgun proficiency must contain training sessions divided into two
  22-22  parts.  One part of the course must be classroom instruction and
  22-23  the other part must be range instruction and an actual
  22-24  demonstration by the applicant of the applicant's ability to safely
  22-25  and proficiently use the handgun for which the applicant seeks
  22-26  certification.  The department shall distribute the standards,
  22-27  course requirements, and examinations on request to any qualified
   23-1  handgun instructor.
   23-2        (b)  A handgun proficiency course must be administered by a
   23-3  qualified handgun instructor and must include at least 10 hours and
   23-4  not more than 15 hours of instruction on:
   23-5              (1)  the laws that relate to weapons and to the use of
   23-6  deadly force;
   23-7              (2)  handgun use, proficiency, and safety;
   23-8              (3)  dispute resolution; and
   23-9              (4)  proper storage practices for handguns with an
  23-10  emphasis on storage practices that eliminate the possibility of
  23-11  accidental injury to a child.
  23-12        (c)  The department shall by rule develop a continuing
  23-13  education course in handgun proficiency for a license holder who
  23-14  wishes to renew a license.  The continuing education course shall
  23-15  be administered by a qualified handgun instructor and must include
  23-16  at least four hours of instruction on one or more of the subjects
  23-17  listed in Subsection (b) of this section and include other
  23-18  information the director determines is appropriate.
  23-19        (d)  The proficiency examination to obtain or to renew a
  23-20  license must be administered by a qualified handgun instructor and
  23-21  must include:
  23-22              (1)  a written section on the subjects listed in
  23-23  Subsection (b) of this section; and
  23-24              (2)  a physical demonstration of proficiency in the use
  23-25  of one or more handguns of specific categories and in handgun
  23-26  safety procedures.
  23-27        (e)  The proficiency examination to modify a license must be
   24-1  administered by a qualified handgun instructor and must include a
   24-2  physical demonstration of the proficiency in the use of one or more
   24-3  handguns of specific categories and in handgun safety procedures.
   24-4        (f)  The department shall develop and distribute directions
   24-5  and materials for course instruction, test administration, and
   24-6  recordkeeping.  All test results shall be sent to the department,
   24-7  and the department shall maintain a record of the results.
   24-8        (g)  A person who wishes to obtain or renew a license to
   24-9  carry a concealed handgun shall apply in person to a qualified
  24-10  handgun instructor to take the appropriate course in handgun
  24-11  proficiency, demonstrate handgun proficiency, and obtain a handgun
  24-12  proficiency certificate as described by Section 16 of this article.
  24-13        (h)  A license holder who wishes to modify a license to allow
  24-14  the license holder to carry a handgun of a different category than
  24-15  the license indicates shall apply in person to a qualified handgun
  24-16  instructor to take an appropriate proficiency course and
  24-17  examination and obtain a handgun proficiency certificate as
  24-18  described by Section 16 of this article.  The course and
  24-19  examination to modify a license must include at least four hours of
  24-20  instruction on one or more of the subjects listed in Subsection (b)
  24-21  of this section and include other information the director
  24-22  determines is appropriate.
  24-23        (i)  A certified firearms instructor of the department may
  24-24  monitor any class or training presented by a qualified handgun
  24-25  instructor.  A qualified handgun instructor shall cooperate with
  24-26  the department in the department's efforts to monitor the
  24-27  presentation of training by the qualified handgun instructor.  A
   25-1  qualified handgun instructor shall make available for inspection to
   25-2  the department any and all records maintained by a qualified
   25-3  handgun instructor under this article.  The qualified handgun
   25-4  instructor shall keep a record of all certificates of handgun
   25-5  proficiency issued by the qualified handgun instructor and other
   25-6  information required by the department by rule.
   25-7        (j)  The department shall conduct a study to determine the
   25-8  effectiveness and feasibility of allowing an applicant to take a
   25-9  written competency examination administered by a qualified handgun
  25-10  instructor in lieu of attending the classroom instruction required
  25-11  under this section as part of the handgun proficiency course.  The
  25-12  department shall report the findings of the study to the
  25-13  legislature not later than January 31, 1997.
  25-14        Sec. 16.  HANDGUN PROFICIENCY CERTIFICATE.  (a)  The
  25-15  department shall develop a sequentially numbered handgun
  25-16  proficiency certificate and distribute the certificate to qualified
  25-17  handgun instructors who administer the handgun proficiency
  25-18  examination described in Section 15 of this article.  The
  25-19  department by rule may set a fee in an amount sufficient to cover
  25-20  the costs of the certificates.
  25-21        (b)  If a person successfully completes the proficiency
  25-22  requirements as described in Section 15 of this article, the
  25-23  instructor shall endorse a certificate of handgun proficiency
  25-24  provided by the department.  An applicant must successfully
  25-25  complete both classroom and range instruction to receive a
  25-26  certificate.  The certificate must indicate the category of any
  25-27  handgun for which the applicant demonstrated proficiency during the
   26-1  examination.
   26-2        (c)  A qualified handgun instructor may submit to the
   26-3  department a written recommendation for disapproval of the
   26-4  application for a license, renewal, or modification of a license,
   26-5  accompanied by an affidavit stating personal knowledge or naming
   26-6  persons with personal knowledge of facts that lead the instructor
   26-7  to believe that an applicant is not qualified for handgun
   26-8  proficiency certification despite the applicant's completion of the
   26-9  proficiency requirements as described by Section 15 of this
  26-10  article.
  26-11        Sec. 17.  QUALIFIED HANDGUN INSTRUCTORS.  (a)  The director
  26-12  may certify as a qualified handgun instructor a person who:
  26-13              (1)  is certified by the Commission on Law Enforcement
  26-14  Officer Standards and Education or the Texas Board of Private
  26-15  Investigators and Private Security Agencies to instruct others in
  26-16  the use of handguns;
  26-17              (2)  regularly instructs others in the use of handguns
  26-18  and has graduated from a handgun instructor school that uses a
  26-19  nationally accepted course designed to train persons as handgun
  26-20  instructors; or
  26-21              (3)  is certified by the National Rifle Association of
  26-22  America as a handgun instructor.
  26-23        (b)  In addition to the qualifications described by
  26-24  Subsection (a) of this section, a qualified handgun instructor must
  26-25  be qualified to instruct persons in:
  26-26              (1)  the laws that relate to weapons and to the use of
  26-27  deadly force;
   27-1              (2)  handgun use, proficiency, and safety;
   27-2              (3)  dispute resolution; and
   27-3              (4)  proper storage practices for handguns, including
   27-4  storage practices that eliminate the possibility of accidental
   27-5  injury to a child.
   27-6        (c)  The department shall provide training to an individual
   27-7  who applies for certification as a qualified handgun instructor.
   27-8  An applicant shall pay a fee of $100 to the department for the
   27-9  training.  An applicant must take and successfully complete the
  27-10  training offered by the department and pay the training fee before
  27-11  the department may certify the applicant as a qualified handgun
  27-12  instructor.  The department shall waive the requirements regarding
  27-13  a handgun proficiency certification under Section 16 of this
  27-14  article for an applicant for a license to carry a concealed handgun
  27-15  who takes and successfully completes training under this subsection
  27-16  and pays the training fee.  The department by rule may prorate or
  27-17  waive the training fee for an employee of another governmental
  27-18  entity.
  27-19        (d)  The certification of a qualified handgun instructor
  27-20  expires on the third anniversary after the date of certification.
  27-21  To renew a certification, the qualified handgun instructor must pay
  27-22  a fee of $50 and take and successfully complete the retraining
  27-23  courses required by rule of the department.
  27-24        (e)  After certification, a qualified handgun instructor may
  27-25  conduct training for applicants for a license under this article.
  27-26        (f)  If the department determines that a reason exists to
  27-27  revoke, suspend, or deny a license to carry a concealed handgun
   28-1  with respect to a person who is a qualified handgun instructor or
   28-2  an applicant for certification as a qualified handgun instructor,
   28-3  the department shall take that action against the person's
   28-4  certification as a qualified handgun instructor regardless of
   28-5  whether the person has a license issued under this article to carry
   28-6  a concealed handgun.
   28-7        Sec. 18.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
   28-8  CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR.  The procedures for
   28-9  the review of a denial, revocation, or suspension of a license
  28-10  under Section 6 of this article apply to the review of a denial,
  28-11  revocation, or suspension of certification as a qualified handgun
  28-12  instructor.  The notice provisions of this article relating to
  28-13  denial, revocation, or suspension of handgun licenses apply to the
  28-14  proposed denial, revocation, or suspension of a certification of a
  28-15  qualified handgun instructor or applicant therefor.
  28-16        Sec. 19.  CONFIDENTIALITY OF RECORDS.  The department may
  28-17  disclose to a criminal justice agency information contained in its
  28-18  files and records regarding whether an individual is licensed under
  28-19  this article.  The department may, on written request and payment
  28-20  of a fee of $5, disclose to any other individual whether an
  28-21  individual is licensed under this article.  All other records
  28-22  maintained under this article are confidential and are not subject
  28-23  to mandatory disclosure under the open records law, Chapter 552,
  28-24  Government Code, except that the applicant or license holder may be
  28-25  furnished a copy of such disclosable records on request and the
  28-26  payment of a reasonable fee.  Nothing in this section shall prevent
  28-27  the department from making public and distributing to the public at
   29-1  no cost lists of individuals who are certified as qualified handgun
   29-2  instructors by the department.
   29-3        Sec. 20.  RULES.  The director shall adopt rules to
   29-4  administer this article.
   29-5        Sec. 21.  FUNDS.  The department shall forward the fees
   29-6  collected under this article to the comptroller of public accounts.
   29-7  The comptroller shall deposit the fees to the credit of an account
   29-8  in the general revenue fund to be known as the concealed handgun
   29-9  license account.  The legislature may appropriate funds from the
  29-10  account only for the purpose of paying the costs of the department
  29-11  in implementing this article.  At the end of each fiscal year, the
  29-12  comptroller shall transfer the excess funds in the account to the
  29-13  general revenue fund.
  29-14        Sec. 22.  NOTICE.  (a)  For the purpose of a notice required
  29-15  by this article, the department may assume that the address
  29-16  currently reported to the department by the applicant or license
  29-17  holder is the correct address.
  29-18        (b)  A written notice meets the requirements under this
  29-19  article if the notice is sent by certified mail to the current
  29-20  address reported by the applicant or license holder to the
  29-21  department.
  29-22        (c)  If a notice is returned to the department because the
  29-23  notice is not deliverable, the department may give notice by
  29-24  publication once in a newspaper of general interest in the county
  29-25  of the applicant's or license holder's last reported address.  On
  29-26  the 31st day after the date the notice is published, the department
  29-27  may take the action proposed in the notice.
   30-1        Sec. 23.  METHOD OF PAYMENT.  A person may pay a fee required
   30-2  by this article only by cashier's check, money order made payable
   30-3  to the "Texas Department of Public Safety," or any other method
   30-4  approved by the department.  A fee received by the department under
   30-5  this article is nonrefundable.
   30-6        Sec. 24.  LICENSE A BENEFIT.  The issuance of a license under
   30-7  this article is a benefit to the license holder for purposes of
   30-8  those sections of the Penal Code to which the definition of
   30-9  "benefit" under Section 1.07, Penal Code, apply.
  30-10        Sec. 25.  HONORABLY RETIRED PEACE OFFICERS.  (a)  A person
  30-11  who is licensed as a peace officer under Chapter 415, Government
  30-12  Code, and who has been employed full-time as a peace officer by a
  30-13  law enforcement agency may apply for a license under this article
  30-14  on retirement.  The application must be made not later than the
  30-15  90th day after the date of retirement.
  30-16        (b)  The person shall submit two complete sets of legible and
  30-17  classifiable fingerprints and a sworn statement from the head of
  30-18  the law enforcement agency employing the applicant.  The statement
  30-19  shall include:
  30-20              (1)  the name and rank of the applicant;
  30-21              (2)  the status of the applicant before retirement;
  30-22              (3)  whether or not the applicant was accused of
  30-23  misconduct at the time of the retirement;
  30-24              (4)  the physical and mental condition of the
  30-25  applicant;
  30-26              (5)  the type of weapons the applicant had demonstrated
  30-27  proficiency with during the last year of employment;
   31-1              (6)  whether the applicant would be eligible for
   31-2  reemployment with the agency, and if not, the reasons the applicant
   31-3  is not eligible; and
   31-4              (7)  a recommendation from the agency head regarding
   31-5  the issuance of a license under this article.
   31-6        (c)  The department may issue a license under this article to
   31-7  an applicant under this section if the applicant is honorably
   31-8  retired and physically and emotionally fit to possess a handgun.
   31-9  In this subsection, "honorably retired" means the applicant:
  31-10              (1)  did not retire in lieu of any disciplinary action;
  31-11              (2)  was employed as a full-time peace officer for not
  31-12  less than 10 years by one agency; and
  31-13              (3)  is entitled to receive a pension or annuity for
  31-14  service as a law enforcement officer.
  31-15        (d)  An applicant under this section shall pay a fee of $25
  31-16  for a license issued under this article.
  31-17        (e)  A retired peace officer who obtains a license under this
  31-18  article must maintain, for the category of weapon licensed, the
  31-19  proficiency required for a peace officer under Section 415.035,
  31-20  Government Code.  The department or a local law enforcement agency
  31-21  shall allow a retired peace officer of the department or agency an
  31-22  opportunity to annually demonstrate the required proficiency.  The
  31-23  proficiency shall be reported to the department on application and
  31-24  renewal.
  31-25        (f)  A license issued under this section expires as provided
  31-26  by Section 8 of this article.
  31-27        Sec. 26.  APPLICATION TO LICENSED SECURITY OFFICERS.  This
   32-1  article does not exempt a license holder who is also employed as a
   32-2  security officer and licensed under the Private Investigators and
   32-3  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
   32-4  Civil Statutes) from the duty to comply with that Act or Section
   32-5  46.02, Penal Code.
   32-6        Sec. 27.  NOTICE REQUIRED ON CERTAIN PREMISES.  (a)  A
   32-7  business that has a permit or license issued under Chapter 25, 28,
   32-8  32, or 69, Alcoholic Beverage Code, and that derives 51 percent or
   32-9  more of its income from the sale of alcoholic beverages for
  32-10  on-premises consumption shall prominently display at each entrance
  32-11  to the business premises a sign that complies with the requirements
  32-12  of Subsection (c) of this section.
  32-13        (b)  A governmental entity shall prominently display at each
  32-14  entrance to an office occupied by the entity a sign that complies
  32-15  with the requirements of Subsection (c) of this section.
  32-16        (c)  The sign required under Subsections (a) and (b) of this
  32-17  section must give notice in both English and Spanish that it is
  32-18  unlawful to carry a handgun on the premises.  The sign must appear
  32-19  in contrasting colors with block letters at least one inch in
  32-20  height and shall be displayed in a conspicuous manner clearly
  32-21  visible to the public.
  32-22        SECTION 2.  Subsection (b), Section 46.02, Penal Code, is
  32-23  amended to read as follows:
  32-24        (b)  It is a defense to prosecution under this section that
  32-25  the actor was, at the time of the commission of the offense:
  32-26              (1)  in the actual discharge of his official duties as
  32-27  a member of the armed forces or state military forces as defined by
   33-1  Section 431.001, Government Code, or as a guard employed by a penal
   33-2  institution;
   33-3              (2)  on his own premises or premises under his control
   33-4  unless he is an employee or agent of the owner of the premises and
   33-5  his primary responsibility is to act in the capacity of a security
   33-6  guard to protect persons or property, in which event he must comply
   33-7  with Subdivision (5);
   33-8              (3)  traveling;
   33-9              (4)  engaging in lawful hunting, fishing, or other
  33-10  sporting activity on the immediate premises where the activity is
  33-11  conducted, or was directly en route between the premises and the
  33-12  actor's residence, if the weapon is a type commonly used in the
  33-13  activity;
  33-14              (5)  a person who holds a security officer commission
  33-15  issued by the Texas Board of Private Investigators and Private
  33-16  Security Agencies, if:
  33-17                    (A)  he is engaged in the performance of his
  33-18  duties as a security officer or traveling to and from his place of
  33-19  assignment;
  33-20                    (B)  he is wearing a distinctive uniform; and
  33-21                    (C)  the weapon is in plain view; <or>
  33-22              (6)  a peace officer, other than a person commissioned
  33-23  by the Texas State Board of Pharmacy; or
  33-24              (7)  carrying a concealed handgun and a valid license
  33-25  issued under Article 4413(29ee), Revised Statutes,  to carry a
  33-26  concealed handgun of the same category as the handgun the person is
  33-27  carrying.
   34-1        SECTION 3.  Subsection (f), Section 46.03, Penal Code, is
   34-2  amended to read as follows:
   34-3        (f)  It is not a defense to prosecution under this section
   34-4  that the actor possessed a handgun and was licensed to carry a
   34-5  concealed handgun under Article 4413(29ee), Revised Statutes.
   34-6        (g)  An offense under this section is a third degree felony.
   34-7        SECTION 4.  Chapter 46, Penal Code, is amended by adding
   34-8  Section 46.035 to read as follows:
   34-9        Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
  34-10  (a)  A license holder commits an offense if the license holder
  34-11  carries a handgun on or about the license holder's person under the
  34-12  authority of Article 4413(29ee), Revised Statutes, and
  34-13  intentionally fails to conceal the handgun.
  34-14        (b)  A license holder commits an offense if the license
  34-15  holder intentionally, knowingly, or recklessly carries a handgun
  34-16  under the authority of Article 4413(29ee), Revised Statutes,
  34-17  regardless of whether the handgun is concealed, on or about the
  34-18  license holder's person:
  34-19              (1)  on the premises of a business that has a permit or
  34-20  license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
  34-21  Code, if the business derives 51 percent or more of its income from
  34-22  the sale of alcoholic beverages for on-premises consumption;
  34-23              (2)  on the premises where a high school, collegiate,
  34-24  or professional sporting event or interscholastic event is taking
  34-25  place, unless the license holder is a participant in the event and
  34-26  a handgun is used in the event;
  34-27              (3)  on the premises of a correctional facility; or
   35-1              (4)  on privately owned premises commonly used by the
   35-2  public, if the owner of the premises prominently displays at each
   35-3  entrance to the premises a notice that it is unlawful to carry a
   35-4  handgun on the premises.
   35-5        (c)  A license holder commits an offense if the license
   35-6  holder intentionally, knowingly, or recklessly carries a handgun
   35-7  under the authority of Article 4413(29ee), Revised Statutes,
   35-8  regardless of whether the handgun is concealed, at any meeting of a
   35-9  governmental entity.
  35-10        (d)  A license holder commits an offense if, while
  35-11  intoxicated, the license holder recklessly carries a handgun under
  35-12  the authority of Article 4413(29ee), Revised Statutes, regardless
  35-13  of whether the handgun is concealed.
  35-14        (e)  A license holder who is licensed as a security officer
  35-15  under the Private Investigators and Private Security Agencies Act
  35-16  (Article 4413(29bb), Vernon's Texas Civil Statutes) and employed as
  35-17  a security officer commits an offense if, while in the course and
  35-18  scope of the security officer's employment, the security officer
  35-19  violates a provision of Article 4413(29ee), Revised Statutes.
  35-20        (f)  In this section, "license holder" means a person
  35-21  licensed to carry a handgun under Article 4413(29ee), Revised
  35-22  Statutes.
  35-23        (g)  An offense under Subsection (a), (b), (c), (d), or (e)
  35-24  is a Class A misdemeanor, unless the offense is committed under
  35-25  Subsection (b)(1) or (b)(3), in which event the offense is a felony
  35-26  of the third degree.
  35-27        SECTION 5.  Section 51.16, Family Code, is amended by adding
   36-1  Subsection (m) to read as follows:
   36-2        (m)  On request of the Department of Public Safety, a
   36-3  juvenile court shall reopen and allow the department to inspect the
   36-4  files and records of the juvenile court relating to an applicant
   36-5  for a license to carry a concealed handgun under Article
   36-6  4413(29ee), Revised Statutes.
   36-7        SECTION 6.  (a)  This Act takes effect September 1, 1995,
   36-8  except that a license issued under this Act before January 1, 1996,
   36-9  is not effective until January 1, 1996.  A license issued before
  36-10  January 1, 1996, shall be clearly marked to reflect the date on
  36-11  which it becomes effective, and the director of the Department of
  36-12  Public Safety shall inform each recipient of a license before that
  36-13  date that the license is not effective until that date.
  36-14        (b)  Notwithstanding Subsection (a), Section 8, Article
  36-15  4413(29ee), Revised Statutes, as added by this Act, the Department
  36-16  of Public Safety by rule may adopt a system to implement staggered
  36-17  and evenly distributed license expiration dates over the four-year
  36-18  period beginning January 1, 1996.  The department may not issue a
  36-19  license that is effective for less than two years.  A license that
  36-20  is effective for less than four years and is renewed expires as
  36-21  provided by Subsection (b), Section 8, Article 4413(29ee), Revised
  36-22  Statutes, as added by this Act.  Notwithstanding Subdivision (6),
  36-23  Subsection (a), Section 3, Article 4413(29ee), Revised Statutes, as
  36-24  added by this Act, the department by rule shall prorate the
  36-25  nonrefundable application and license fee for applicants who
  36-26  receive licenses that are effective for less than four years under
  36-27  this subsection.
   37-1        SECTION 7.  An offense committed before January 1, 1996, is
   37-2  covered by the law in effect when the offense is committed, and the
   37-3  former law is continued in effect for this purpose.
   37-4        SECTION 8.  The importance of this legislation and the
   37-5  crowded condition of the calendars in both houses create an
   37-6  emergency and an imperative public necessity that the
   37-7  constitutional rule requiring bills to be read on three several
   37-8  days in each house be suspended, and this rule is hereby suspended.