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.