S.B. No. 60
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;
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 or
2-26 under any medication for the treatment of a mental or psychiatric
2-27 disorder; or
3-1 (C) has been diagnosed by a licensed physician
3-2 as suffering from depression, manic depression, or post-traumatic
3-3 stress syndrome, unless the person furnishes a certificate from a
3-4 licensed physician stating that the person is no longer disabled or
3-5 under any medication for the treatment of a mental or psychiatric
3-6 disorder.
3-7 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
3-8 license to carry a concealed handgun if the person:
3-9 (1) is a legal resident of this state for the
3-10 six-month period preceding the date of application under this
3-11 article;
3-12 (2) is at least 21 years of age;
3-13 (3) has not been convicted of a felony;
3-14 (4) is not charged with the commission of a Class A or
3-15 Class B misdemeanor or an offense under Section 42.01, Penal Code,
3-16 or of a felony under an information or indictment;
3-17 (5) is not a fugitive from justice for a felony or a
3-18 Class A or Class B misdemeanor;
3-19 (6) is not a chemically dependent person;
3-20 (7) is not a person of unsound mind;
3-21 (8) has not, in the five years preceding the date of
3-22 application, been convicted of a Class A or Class B misdemeanor or
3-23 an offense under Section 42.01, Penal Code;
3-24 (9) is fully qualified under applicable federal and
3-25 state law to purchase a handgun;
3-26 (10) has not been finally determined to be delinquent
3-27 in making a child support payment administered or collected by the
4-1 attorney general;
4-2 (11) has not been finally determined to be delinquent
4-3 in the payment of a tax or other money collected by the
4-4 comptroller, state treasurer, tax collector of a political
4-5 subdivision of the state, Texas Alcoholic Beverage Commission, or
4-6 any other agency or subdivision of the state;
4-7 (12) has not been finally determined to be in default
4-8 on a loan made under Chapter 57, Education Code;
4-9 (13) is not currently restricted under a court
4-10 protective order or subject to a restraining order affecting the
4-11 spousal relationship, not including a restraining order solely
4-12 affecting property interests;
4-13 (14) has not, in the 10 years preceding the date of
4-14 application, been adjudicated as having engaged in delinquent
4-15 conduct violating a penal law of the grade of felony; and
4-16 (15) has not made any material misrepresentation, or
4-17 failed to disclose any material fact, in an application submitted
4-18 pursuant to Section 3 of this article or in a request for
4-19 application submitted pursuant to Section 4 of this article.
4-20 (b) For the purposes of this section, an offense under the
4-21 laws of this state, another state, or the United States is:
4-22 (1) a felony if the offense is so designated by law or
4-23 if confinement for one year or more in a penitentiary is affixed to
4-24 the offense as a possible punishment; and
4-25 (2) a Class A misdemeanor if the offense is not a
4-26 felony and confinement in a jail other than a state jail felony
4-27 facility is affixed as a possible punishment.
5-1 (c) An individual who has been convicted two times within
5-2 the 10-year period preceding the date on which the person applies
5-3 for a license of an offense of the grade of Class B misdemeanor or
5-4 greater that involves the use of alcohol or a controlled substance
5-5 as a statutory element of the offense is a chemically dependent
5-6 person for purposes of this section and is not qualified to receive
5-7 a license under this article. Nothing in this subsection shall
5-8 preclude the disqualification of an individual for being a
5-9 chemically dependent person if other evidence exists that the
5-10 person is a chemically dependent person.
5-11 Sec. 3. APPLICATION. (a) An applicant for a license to
5-12 carry a concealed handgun must submit to the director's designee
5-13 described by Section 5 of this article:
5-14 (1) a completed application on a form provided by the
5-15 department that requires only the information listed in Subsection
5-16 (b) of this section;
5-17 (2) two recent color passport photographs of the
5-18 applicant;
5-19 (3) a certified copy of the applicant's birth
5-20 certificate or certified proof of age;
5-21 (4) proof of residency in this state;
5-22 (5) two complete sets of legible and classifiable
5-23 fingerprints of the applicant taken by a person employed by a law
5-24 enforcement agency who is appropriately trained in recording
5-25 fingerprints;
5-26 (6) a nonrefundable application and license fee of
5-27 $140 paid to the department;
6-1 (7) a handgun proficiency certificate described by
6-2 Section 17 of this article;
6-3 (8) an affidavit signed by the applicant stating that
6-4 the applicant:
6-5 (A) has read and understands each provision of
6-6 this article that creates an offense under the laws of this state
6-7 and each provision of the laws of this state related to use of
6-8 deadly force; and
6-9 (B) fulfills all the eligibility requirements
6-10 listed under Section 2 of this article; and
6-11 (9) a form executed by the applicant that authorizes
6-12 the director to make an inquiry into any noncriminal history
6-13 records that are necessary to determine the applicant's eligibility
6-14 for a license under Section 2(a) of this article.
6-15 (b) An applicant must provide on the application a statement
6-16 of the applicant's:
6-17 (1) full name and place and date of birth;
6-18 (2) race and sex;
6-19 (3) residence and business addresses for the preceding
6-20 five years;
6-21 (4) hair and eye color;
6-22 (5) height and weight;
6-23 (6) driver's license number or identification
6-24 certificate number issued by the department;
6-25 (7) criminal history record information of the type
6-26 maintained by the department under Chapter 411, Government Code,
6-27 including a list of offenses for which the applicant was arrested,
7-1 charged, or under an information or indictment and the disposition
7-2 of the offenses; and
7-3 (8) history during the preceding five years, if any,
7-4 of treatment received by, commitment to, or residence in:
7-5 (A) a drug or alcohol treatment center licensed
7-6 to provide drug or alcohol treatment under the laws of this state
7-7 or another state; or
7-8 (B) a psychiatric hospital.
7-9 (c) The department shall distribute on request a copy of
7-10 this article and application materials.
7-11 Sec. 4. REQUEST FOR APPLICATION MATERIALS. (a) A person
7-12 applying for a license to carry a concealed handgun must apply by
7-13 obtaining a request for application materials from a handgun
7-14 dealer, the department, or any other person or entity approved by
7-15 the department. This request for application materials shall
7-16 include the applicant's full name, address, race, sex, height, date
7-17 of birth, and driver's license number and such other identifying
7-18 information as may be required by the department by rule. This
7-19 request shall be in a form prescribed by the department and made
7-20 available to interested parties by the department. An individual
7-21 who desires to receive application materials shall complete the
7-22 request for application materials and forward it to the department
7-23 at its Austin address. The department shall review all such
7-24 requests for application materials and make a preliminary
7-25 determination as to whether or not the individual is qualified to
7-26 receive a handgun license. If an individual is not disqualified to
7-27 receive a handgun license, the department shall forward to the
8-1 individual the appropriate application materials as described in
8-2 this article. The applicant shall complete the application
8-3 materials and forward the completed materials to the department at
8-4 its Austin address.
8-5 (b) In the event that a preliminary review indicates that an
8-6 individual will not be qualified to receive a handgun license, the
8-7 department shall send written notification to that individual. The
8-8 notice shall provide the reason that the preliminary review
8-9 indicates that the individual is not entitled to receive a handgun
8-10 license. The individual shall be given an opportunity to correct
8-11 whatever defect may exist.
8-12 Sec. 5. REVIEW OF APPLICATION MATERIALS. (a) On receipt of
8-13 the application materials by the department at its Austin
8-14 headquarters, the department shall conduct the appropriate criminal
8-15 history record check of the applicant through its computerized
8-16 criminal history system. Not later than the 30th day after the
8-17 date the department receives the application materials, the
8-18 department shall forward the materials to the director's designee
8-19 in the geographical area of the applicant's residence so that the
8-20 designee may conduct the investigation detailed in Subsection (b)
8-21 of this section.
8-22 (b) The director's designee as needed shall conduct an
8-23 additional criminal history record check of the applicant and an
8-24 investigation of the applicant's local official records to verify
8-25 the accuracy of the application materials. The scope of the record
8-26 check and the investigation are at the sole discretion of the
8-27 department. The department shall send a fingerprint card to the
9-1 Federal Bureau of Investigation for a national criminal history
9-2 check of the applicant. On completion of the investigation, the
9-3 director's designee shall return all materials and the result of
9-4 the investigation to the appropriate division of the department at
9-5 its Austin headquarters. The director's designee may submit to the
9-6 appropriate division of the department, at the department's Austin
9-7 headquarters, along with the application materials a written
9-8 recommendation for disapproval of the application, accompanied by
9-9 an affidavit stating personal knowledge or naming persons with
9-10 personal knowledge of a ground for denial under Section 2 of this
9-11 article. The director's designee in the appropriate geographical
9-12 area may also submit the application and the recommendation that
9-13 the license be issued.
9-14 Sec. 6. LICENSE. (a) The department shall issue a license
9-15 to carry a concealed handgun to an applicant if the applicant meets
9-16 all the eligibility requirements and submits all the application
9-17 materials. The department may issue a license to carry handguns
9-18 only of the categories indicated on the applicant's certificate of
9-19 proficiency issued under Section 17 of this article. The
9-20 department shall administer the licensing procedures in good faith
9-21 so that any applicant who meets all the eligibility requirements
9-22 and submits all the application materials shall receive a license.
9-23 The department may not deny an application on the basis of a
9-24 capricious or arbitrary decision by the department.
9-25 (b)(1) After January 1, 1997, the department, not later than
9-26 the 60th day after the date of the receipt by the director's
9-27 designee of the completed application materials, shall:
10-1 (A) issue the license; or
10-2 (B) notify the applicant in writing that the
10-3 application was denied:
10-4 (i) on the grounds that the applicant
10-5 failed to qualify under the criteria listed in Section 2 of this
10-6 article;
10-7 (ii) based on the affidavit of the
10-8 director's designee submitted to the department under Section 5(b)
10-9 of this article; or
10-10 (iii) based on the affidavit of the
10-11 qualified handgun instructor submitted to the department under
10-12 Section 17(c) of this article.
10-13 (2) Between the effective date of this article and
10-14 December 31, 1996, the department shall perform the duties set out
10-15 in this subsection not later than the 90th day after the date of
10-16 the receipt by the director's designee of the completed application
10-17 materials.
10-18 (c) If the department issues a license, the department shall
10-19 notify the sheriff of the county in which the license holder
10-20 resides that a license has been issued to the license holder. On
10-21 request of a local law enforcement agency, the department shall
10-22 notify the agency of the licenses that have been issued to license
10-23 holders who reside in the county in which the agency is located.
10-24 (d) A license issued under this article is effective from
10-25 the date of issuance.
10-26 (e) The department by rule shall adopt the form of the
10-27 license. A license must include:
11-1 (1) a number assigned to the license holder by the
11-2 department;
11-3 (2) a statement of the period for which the license is
11-4 effective;
11-5 (3) a statement of the category or categories of
11-6 handguns the license holder may carry as provided by Subsection (f)
11-7 of this section;
11-8 (4) a color photograph of the license holder; and
11-9 (5) the license holder's full name, date of birth,
11-10 residence address, hair and eye color, height, weight, signature,
11-11 and the number of a driver's license or an identification
11-12 certificate issued to the license holder by the department.
11-13 (f) A category of handguns contains handguns that are not
11-14 prohibited by law and are of certain actions. The categories of
11-15 handguns are as follows:
11-16 (1) SA: any handguns, whether semi-automatic or not;
11-17 and
11-18 (2) NSA: handguns that are not semi-automatic.
11-19 (g) On a demand by a magistrate or a peace officer that a
11-20 license holder display the license holder's handgun license, the
11-21 license holder shall display both the license and the license
11-22 holder's driver's license or identification certificate issued by
11-23 the department.
11-24 (h) If a license holder is carrying a handgun on or about
11-25 the license holder's person when a magistrate or a peace officer
11-26 demands that the license holder display identification, the license
11-27 holder shall display both the license holder's driver's license or
12-1 identification certificate issued by the department and the license
12-2 holder's handgun license.
12-3 (i) A person commits an offense if the person fails or
12-4 refuses to display the license and identification as required by
12-5 Subsection (g) or (h) of this section. An offense under this
12-6 subsection is a Class B misdemeanor.
12-7 Sec. 7. NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF
12-8 LICENSE; REVIEW. (a) The department shall give written notice to
12-9 each applicant for a handgun license of any denial, revocation, or
12-10 suspension of that license. Not later than the 30th day after the
12-11 notice is received by the applicant, according to the records of
12-12 the department, the applicant or license holder may request a
12-13 hearing on the denial, revocation, or suspension. The applicant
12-14 must make a written request for a hearing addressed to the
12-15 department at its Austin address. The request for hearing must
12-16 reach the department in Austin prior to the 30th day after the date
12-17 of receipt of the written notice. On receipt of a request for
12-18 hearing from a license holder or applicant, the department shall
12-19 promptly schedule a hearing in the appropriate justice court in the
12-20 county of residence of the applicant or license holder. The
12-21 justice court shall conduct a hearing to review the denial,
12-22 revocation, or suspension of the license. In a proceeding under
12-23 this section, a justice of the peace shall act as an administrative
12-24 hearing officer. A hearing under this section is not subject to
12-25 Chapter 2001, Government Code (Administrative Procedure Act). The
12-26 department may be represented by a district attorney or county
12-27 attorney, the attorney general, or a designated member of the
13-1 department.
13-2 (b) The department, on receipt of a request for hearing,
13-3 shall file the appropriate petition in the justice court selected
13-4 for the hearing and send a copy of that petition to the applicant
13-5 or license holder at the address contained in departmental records.
13-6 A hearing under this section must be scheduled within 30 days of
13-7 receipt of the request for a hearing. The hearing shall be held
13-8 expeditiously but in no event more than 60 days after the date that
13-9 the applicant or license holder requested the hearing. The date of
13-10 the hearing may be reset on the motion of either party, by
13-11 agreement of the parties, or by the court as necessary to
13-12 accommodate the court's docket.
13-13 (c) The justice court shall determine if the denial,
13-14 revocation, or suspension is supported by a preponderance of the
13-15 evidence. Both the applicant or license holder and the department
13-16 may present evidence. The court shall affirm the denial,
13-17 revocation, or suspension if the court determines that denial,
13-18 revocation, or suspension was supported by a preponderance of the
13-19 evidence. If the court determines that the denial, revocation, or
13-20 suspension was not supported by a preponderance of the evidence,
13-21 the court shall order the department to immediately issue or return
13-22 the license to the applicant or license holder.
13-23 (d) A proceeding under this section is subject to Chapter
13-24 105, Civil Practice and Remedies Code, relating to fees, expenses,
13-25 and attorney's fees.
13-26 (e) A party adversely affected by the court's ruling
13-27 following a hearing under this section may appeal the ruling by
14-1 filing within 30 days after the ruling a petition in a county court
14-2 at law in the county in which the applicant or license holder
14-3 resides or, if there is no county court at law in the county, in
14-4 the county court of the county. A person who appeals under this
14-5 section must send by certified mail a copy of the person's
14-6 petition, certified by the clerk of the court in which the petition
14-7 is filed, to the appropriate division of the department at its
14-8 Austin headquarters. The trial on appeal shall be a trial de novo
14-9 without a jury. The department may be represented by a district or
14-10 county attorney or the attorney general.
14-11 (f) A suspension of a license may not be probated.
14-12 (g) If an applicant or a license holder does not petition
14-13 the justice court, a denial becomes final and a revocation or
14-14 suspension takes effect on the 30th day after receipt of written
14-15 notice. Failure of the director to issue or deny a license as
14-16 required under Section 6(b) of this article for a period of more
14-17 than 30 days after he is required to act under that section
14-18 constitutes denial.
14-19 (h) The department is specifically authorized to utilize and
14-20 to introduce into evidence certified copies of governmental records
14-21 to establish the existence of certain events which could result in
14-22 the denial, revocation, or suspension of a license under this
14-23 article, including but not limited to records regarding
14-24 convictions, judicial findings regarding mental competency,
14-25 judicial findings regarding chemical dependency, or other matters
14-26 that may be established by governmental records which have been
14-27 properly authenticated.
15-1 Sec. 8. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
15-2 person who is a current license holder moves from the address
15-3 stated on the license or if the name of the person is changed by
15-4 marriage or otherwise, the person shall, not later than the 30th
15-5 day after the date of the address or name change, notify the
15-6 department and provide the department with the number of the
15-7 person's license and the person's:
15-8 (1) former and new addresses; or
15-9 (2) former and new names.
15-10 (b) If the name of the license holder is changed by marriage
15-11 or otherwise, the person shall apply for a duplicate license.
15-12 (c) If a license holder moved from the address on the
15-13 license, the person shall apply for a duplicate license.
15-14 (d) The department shall charge a license holder a fee of
15-15 $25 for a duplicate license.
15-16 (e) The department shall make the forms available on
15-17 request.
15-18 (f) The department shall notify the sheriff of the county in
15-19 which a license holder resides of a change made under Subsection
15-20 (a) of this section by the license holder. On request of a local
15-21 law enforcement agency, the department shall notify the agency of
15-22 changes made under Subsection (a) of this section by license
15-23 holders who reside in the county in which the agency is located.
15-24 (g) If a license is lost, stolen, or destroyed, the license
15-25 holder shall apply for a duplicate license not later than the 30th
15-26 day after the date of the loss, theft, or destruction of the
15-27 license.
16-1 (h) If a license holder is required under this section to
16-2 apply for a duplicate license and the license expires not later
16-3 than the 60th day after the date of the loss, theft, or destruction
16-4 of the license, the applicant may renew the license with the
16-5 modified information included on the new license. The applicant
16-6 shall pay only the nonrefundable renewal fee.
16-7 Sec. 9. EXPIRATION. (a) A license issued under this
16-8 article expires on the first birthday of the license holder
16-9 occurring after the fourth anniversary of the date of issuance.
16-10 (b) A renewed license expires on the license holder's
16-11 birthdate, four years after the date of the expiration of the
16-12 previous license.
16-13 (c) A duplicate license expires on the date the license that
16-14 was duplicated would have expired.
16-15 (d) A modified license expires on the date the license that
16-16 was modified would have expired.
16-17 Sec. 10. MODIFICATION. (a) To modify a license to allow a
16-18 license holder to carry a handgun of a different category than the
16-19 license indicates, the license holder must:
16-20 (1) complete a proficiency examination as provided by
16-21 Section 16(e) of this article;
16-22 (2) obtain a handgun proficiency certificate under
16-23 Section 17 of this article not more than six months before the date
16-24 of application for a modified license; and
16-25 (3) submit to the department:
16-26 (A) an application for a modified license on a
16-27 form provided by the department;
17-1 (B) a copy of the handgun proficiency
17-2 certificate;
17-3 (C) payment of a modified license fee of $25;
17-4 and
17-5 (D) two recent color passport photographs of the
17-6 license holder.
17-7 (b) The director by rule shall adopt a modified license
17-8 application form requiring an update of the information on the
17-9 original completed application.
17-10 (c) The department may modify the license of a license
17-11 holder who meets all the eligibility requirements and submits all
17-12 the modification materials. Not later than the 45th day after
17-13 receipt of the modification materials, the department shall issue
17-14 the modified license or notify the license holder in writing that
17-15 the modified license application was denied.
17-16 (d) On receipt of a modified license, the license holder
17-17 shall return the previously issued license to the department.
17-18 Sec. 11. RENEWAL. (a) To renew a license, a license holder
17-19 must:
17-20 (1) complete a continuing education course in handgun
17-21 proficiency under Section 16(c) of this article not more than six
17-22 months before the date of application for renewal;
17-23 (2) obtain a handgun proficiency certificate under
17-24 Section 17 of this article not more than six months before the date
17-25 of application for renewal; and
17-26 (3) submit to the department:
17-27 (A) an application for renewal on a form
18-1 provided by the department;
18-2 (B) a copy of the handgun proficiency
18-3 certificate;
18-4 (C) payment of a nonrefundable renewal fee as
18-5 set by the department; and
18-6 (D) two recent color passport photographs of the
18-7 applicant.
18-8 (b) The director by rule shall adopt a renewal application
18-9 form requiring an update of the information on the original
18-10 completed application. The director by rule shall set the renewal
18-11 fee in an amount that is sufficient to cover the actual cost to the
18-12 department to renew a license. Not later than the 60th day before
18-13 the expiration date of the license, the department shall mail to
18-14 each license holder a written notice of the expiration of the
18-15 license and a renewal form.
18-16 (c) The department shall renew the license of a license
18-17 holder who meets all the eligibility requirements and submits all
18-18 the renewal materials. Not later than the 45th day after receipt
18-19 of the renewal materials, the department shall issue the renewal or
18-20 notify the license holder in writing that the renewal application
18-21 was denied.
18-22 (d) The director by rule shall adopt a procedure by which a
18-23 license holder who satisfies the eligibility criteria may renew a
18-24 license by mail. The materials for renewal by mail must include a
18-25 form to be signed and returned to the department by the applicant
18-26 that describes state law regarding:
18-27 (1) the use of deadly force; and
19-1 (2) the places where it is unlawful for the holder of
19-2 a license issued under this article to carry a concealed handgun.
19-3 Sec. 12. REVOCATION. (a) A license may be revoked under
19-4 this section if the license holder:
19-5 (1) was not entitled to the license at the time it was
19-6 issued;
19-7 (2) gave false information on the application;
19-8 (3) subsequently becomes ineligible for a license
19-9 under Section 2 of this article; or
19-10 (4) is convicted of an offense under Section 46.035,
19-11 Penal Code.
19-12 (b) If a peace officer believes a reason listed in
19-13 Subsection (a) of this section to revoke a license exists, the
19-14 peace officer shall prepare an affidavit on a form provided by the
19-15 department stating the reason for the revocation of the license and
19-16 giving the department all of the information available to the peace
19-17 officer at the time of the preparation of the form. The officer
19-18 shall attach the officer's reports relating to the license holder
19-19 to the form and send the form and attachments to the appropriate
19-20 division of the department at its Austin headquarters not later
19-21 than the fifth working day after the date the form is prepared.
19-22 The officer shall send a copy of the form and the attachments to
19-23 the license holder. If the license holder has not surrendered the
19-24 license or the license was not seized as evidence, the license
19-25 holder shall surrender the license to the appropriate division of
19-26 the department not later than the 10th day after the date the
19-27 license holder receives the notice of revocation from the
20-1 department, unless the license holder requests a hearing from the
20-2 department. The license holder may request that the justice court
20-3 in the justice court precinct in which the license holder resides
20-4 review the revocation as provided by Section 7 of this article. If
20-5 a request is made for the justice court to review the revocation
20-6 and hold a hearing, the license holder shall surrender the license
20-7 on the date an order of revocation has been entered by the justice
20-8 court.
20-9 (c) A license holder whose license has been revoked for a
20-10 reason listed in this section may reapply as a new applicant for
20-11 the issuance of a license under this article after the second
20-12 anniversary of the date of the revocation if the cause for
20-13 revocation does not exist on the date of the second anniversary.
20-14 If the cause of revocation exists on the date of the second
20-15 anniversary after the date of revocation, the license holder may
20-16 not apply for a new license until the cause for the revocation no
20-17 longer exists and has not existed for a period of two years.
20-18 Sec. 13. SUSPENSION OF LICENSE. (a) A license may be
20-19 suspended under this section if the license holder:
20-20 (1) is convicted of disorderly conduct punishable as a
20-21 Class C misdemeanor under Section 42.01, Penal Code;
20-22 (2) fails to display a license as required by Section
20-23 6 of this article;
20-24 (3) fails to notify the department of a change of
20-25 address or name as required by Section 8 of this article;
20-26 (4) carries a concealed handgun under the authority of
20-27 this article of a different category than the license holder is
21-1 licensed to carry;
21-2 (5) has been charged by indictment with the commission
21-3 of an offense that would make the license holder ineligible for a
21-4 license on conviction; or
21-5 (6) fails to return a previously issued license after
21-6 a license is modified as required by Section 10(d) of this article.
21-7 (b) If any peace officer believes a reason listed in
21-8 Subsection (a) of this section to suspend a license exists, the
21-9 officer shall prepare an affidavit on a form provided by the
21-10 department stating the reason for the suspension of the license and
21-11 giving the department all of the information available to the
21-12 officer at the time of the preparation of the form. The officer
21-13 shall attach the officer's reports relating to the license holder
21-14 to the form and send the form and the attachments to the
21-15 appropriate division of the department at its Austin headquarters
21-16 not later than the fifth working day after the date the form is
21-17 prepared. The officer shall send a copy of the form and the
21-18 attachments to the license holder. If the license holder has not
21-19 surrendered the license or the license was not seized as evidence,
21-20 the license holder shall surrender the license to the appropriate
21-21 division of the department not later than the 10th day after the
21-22 date the license holder receives the notice of suspension from the
21-23 department unless the license holder requests a hearing from the
21-24 department. The license holder may request that the justice court
21-25 in the justice court precinct in which the license holder resides
21-26 review the suspension as provided by Section 7 of this article. If
21-27 a request is made for the justice court to review the suspension
22-1 and hold a hearing, the license holder shall surrender the license
22-2 on the date an order of suspension has been entered by the justice
22-3 court.
22-4 (c) A license may be suspended under this section for not
22-5 less than one year and not more than three years.
22-6 Sec. 14. SEIZURE OF HANDGUN AND LICENSE. (a) If a peace
22-7 officer arrests and takes into custody a license holder who is
22-8 carrying a handgun under the authority of this article, the peace
22-9 officer shall seize the license holder's handgun and license as
22-10 evidence.
22-11 (b) The provisions of Article 18.19, Code of Criminal
22-12 Procedure, relating to the disposition of weapons seized in
22-13 connection with criminal offenses, apply to a handgun seized under
22-14 this subsection.
22-15 (c) Any judgment of conviction entered by any court for an
22-16 offense under Section 46.035, Penal Code, shall contain the handgun
22-17 license number of the convicted license holder. A certified copy
22-18 of the judgment is conclusive and sufficient evidence to justify
22-19 revocation of a license under Section 12(a)(4) of this article.
22-20 Sec. 15. LIMITATION OF LIABILITY. (a) A court may not hold
22-21 the state, an agency or subdivision of the state, an officer or
22-22 employee of the state, a peace officer, or a qualified handgun
22-23 instructor liable for damages caused by:
22-24 (1) an action authorized under this article or failure
22-25 to perform a duty imposed by this article; or
22-26 (2) the actions of an applicant or license holder that
22-27 occur after the applicant has received a license or been denied a
23-1 license under this article.
23-2 (b) A cause of action in damages may not be brought against
23-3 the state, an agency or subdivision of the state, an officer or
23-4 employee of the state, a peace officer, or a qualified handgun
23-5 instructor for any damage caused by the actions of an applicant or
23-6 license holder under this article.
23-7 (c) The department is not responsible for any injury or
23-8 damage inflicted on any person by an applicant or license holder
23-9 arising or alleged to have arisen from an action taken by the
23-10 department under this article.
23-11 (d) The immunities granted above under Subsections (a), (b),
23-12 and (c) of this section do not apply to acts or failures to act by
23-13 the state, an agency or subdivision of the state, an officer of the
23-14 state, or a peace officer when such acts or failures to act were
23-15 capricious or arbitrary.
23-16 Sec. 16. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
23-17 shall by rule establish minimum standards for handgun proficiency
23-18 and shall develop a course to teach handgun proficiency and
23-19 examinations to measure handgun proficiency. The course to teach
23-20 handgun proficiency must contain training sessions divided into two
23-21 parts. One part of the course must be classroom instruction and
23-22 the other part must be range instruction and an actual
23-23 demonstration by the applicant of the applicant's ability to safely
23-24 and proficiently use the category of handgun for which the
23-25 applicant seeks certification. An applicant may not be certified
23-26 unless the applicant demonstrates, at a minimum, the degree of
23-27 proficiency that is required to effectively operate a 9-millimeter
24-1 or .38-caliber handgun. The department shall distribute the
24-2 standards, course requirements, and examinations on request to any
24-3 qualified handgun instructor.
24-4 (b) A handgun proficiency course must be administered by a
24-5 qualified handgun instructor and must include at least 10 hours and
24-6 not more than 15 hours of instruction on:
24-7 (1) the laws that relate to weapons and to the use of
24-8 deadly force;
24-9 (2) handgun use, proficiency, and safety;
24-10 (3) nonviolent dispute resolution; and
24-11 (4) proper storage practices for handguns with an
24-12 emphasis on storage practices that eliminate the possibility of
24-13 accidental injury to a child.
24-14 (c) The department shall by rule develop a continuing
24-15 education course in handgun proficiency for a license holder who
24-16 wishes to renew a license. The continuing education course shall
24-17 be administered by a qualified handgun instructor and must include
24-18 at least four hours of instruction on one or more of the subjects
24-19 listed in Subsection (b) of this section and include other
24-20 information the director determines is appropriate.
24-21 (d) The proficiency examination to obtain or to renew a
24-22 license must be administered by a qualified handgun instructor and
24-23 must include:
24-24 (1) a written section on the subjects listed in
24-25 Subsection (b) of this section; and
24-26 (2) a physical demonstration of proficiency in the use
24-27 of one or more handguns of specific categories and in handgun
25-1 safety procedures.
25-2 (e) The proficiency examination to modify a license must be
25-3 administered by a qualified handgun instructor and must include a
25-4 physical demonstration of the proficiency in the use of one or more
25-5 handguns of specific categories and in handgun safety procedures.
25-6 (f) The department shall develop and distribute directions
25-7 and materials for course instruction, test administration, and
25-8 recordkeeping. All test results shall be sent to the department,
25-9 and the department shall maintain a record of the results.
25-10 (g) A person who wishes to obtain or renew a license to
25-11 carry a concealed handgun shall apply in person to a qualified
25-12 handgun instructor to take the appropriate course in handgun
25-13 proficiency, demonstrate handgun proficiency, and obtain a handgun
25-14 proficiency certificate as described by Section 17 of this article.
25-15 (h) A license holder who wishes to modify a license to allow
25-16 the license holder to carry a handgun of a different category than
25-17 the license indicates shall apply in person to a qualified handgun
25-18 instructor to demonstrate the required knowledge and proficiency to
25-19 obtain a handgun proficiency certificate in that category as
25-20 described by Section 17 of this article.
25-21 (i) A certified firearms instructor of the department may
25-22 monitor any class or training presented by a qualified handgun
25-23 instructor. A qualified handgun instructor shall cooperate with
25-24 the department in the department's efforts to monitor the
25-25 presentation of training by the qualified handgun instructor. A
25-26 qualified handgun instructor shall make available for inspection to
25-27 the department any and all records maintained by a qualified
26-1 handgun instructor under this article. The qualified handgun
26-2 instructor shall keep a record of all certificates of handgun
26-3 proficiency issued by the qualified handgun instructor and other
26-4 information required by the department by rule.
26-5 (j) The department shall conduct a study to determine the
26-6 effectiveness and feasibility of allowing an applicant to take a
26-7 written competency examination administered by a qualified handgun
26-8 instructor in lieu of attending the classroom instruction required
26-9 under this section as part of the handgun proficiency course. The
26-10 department shall report the findings of the study to the
26-11 legislature not later than January 31, 1997.
26-12 Sec. 17. HANDGUN PROFICIENCY CERTIFICATE. (a) The
26-13 department shall develop a sequentially numbered handgun
26-14 proficiency certificate and distribute the certificate to qualified
26-15 handgun instructors who administer the handgun proficiency
26-16 examination described in Section 16 of this article. The
26-17 department by rule may set a fee not to exceed $5 to cover the
26-18 costs of the certificates.
26-19 (b) If a person successfully completes the proficiency
26-20 requirements as described in Section 16 of this article, the
26-21 instructor shall endorse a certificate of handgun proficiency
26-22 provided by the department. An applicant must successfully
26-23 complete both classroom and range instruction to receive a
26-24 certificate. The certificate must indicate the category of any
26-25 handgun for which the applicant demonstrated proficiency during the
26-26 examination.
26-27 (c) A qualified handgun instructor may submit to the
27-1 department a written recommendation for disapproval of the
27-2 application for a license, renewal, or modification of a license,
27-3 accompanied by an affidavit stating personal knowledge or naming
27-4 persons with personal knowledge of facts that lead the instructor
27-5 to believe that an applicant is not qualified for handgun
27-6 proficiency certification.
27-7 Sec. 18. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
27-8 may certify as a qualified handgun instructor a person who:
27-9 (1) is certified by the Commission on Law Enforcement
27-10 Officer Standards and Education or the Texas Board of Private
27-11 Investigators and Private Security Agencies to instruct others in
27-12 the use of handguns;
27-13 (2) regularly instructs others in the use of handguns
27-14 and has graduated from a handgun instructor school that uses a
27-15 nationally accepted course designed to train persons as handgun
27-16 instructors; or
27-17 (3) is certified by the National Rifle Association of
27-18 America as a handgun instructor.
27-19 (b) In addition to the qualifications described by
27-20 Subsection (a) of this section, a qualified handgun instructor must
27-21 be qualified to instruct persons in:
27-22 (1) the laws that relate to weapons and to the use of
27-23 deadly force;
27-24 (2) handgun use, proficiency, and safety;
27-25 (3) nonviolent dispute resolution; and
27-26 (4) proper storage practices for handguns, including
27-27 storage practices that eliminate the possibility of accidental
28-1 injury to a child.
28-2 (c) The department shall provide training to an individual
28-3 who applies for certification as a qualified handgun instructor.
28-4 An applicant shall pay a fee of $100 to the department for the
28-5 training. An applicant must take and successfully complete the
28-6 training offered by the department and pay the training fee before
28-7 the department may certify the applicant as a qualified handgun
28-8 instructor. The department shall waive the requirements regarding
28-9 a handgun proficiency certification under Section 17 of this
28-10 article for an applicant for a license to carry a concealed handgun
28-11 who takes and successfully completes training under this subsection
28-12 and pays the training fee. The department by rule may prorate or
28-13 waive the training fee for an employee of another governmental
28-14 entity.
28-15 (d) The certification of a qualified handgun instructor
28-16 expires on the second anniversary after the date of certification.
28-17 To renew a certification, the qualified handgun instructor must pay
28-18 a fee of $100 and take and successfully complete the retraining
28-19 courses required by rule of the department.
28-20 (e) After certification, a qualified handgun instructor may
28-21 conduct training for applicants for a license under this article.
28-22 (f) If the department determines that a reason exists to
28-23 revoke, suspend, or deny a license to carry a concealed handgun
28-24 with respect to a person who is a qualified handgun instructor or
28-25 an applicant for certification as a qualified handgun instructor,
28-26 the department shall take that action against the person's
28-27 certification as a qualified handgun instructor regardless of
29-1 whether the person has a license issued under this article to carry
29-2 a concealed handgun.
29-3 Sec. 19. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
29-4 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
29-5 the review of a denial, revocation, or suspension of a license
29-6 under Section 7 of this article apply to the review of a denial,
29-7 revocation, or suspension of certification as a qualified handgun
29-8 instructor. The notice provisions of this article relating to
29-9 denial, revocation, or suspension of handgun licenses apply to the
29-10 proposed denial, revocation, or suspension of a certification of a
29-11 qualified handgun instructor or applicant therefor.
29-12 Sec. 20. CONFIDENTIALITY OF RECORDS. The department shall
29-13 disclose to a criminal justice agency information contained in its
29-14 files and records regarding whether a named individual or any
29-15 individual named in a specified list is licensed under this
29-16 article. The department shall, on written request and payment of a
29-17 reasonable fee to cover costs of copying, disclose to any other
29-18 individual whether a named individual or any individual whose full
29-19 name is listed on a specified written list is licensed under this
29-20 article. Information on an individual subject to disclosure under
29-21 this section includes the individual's name, date of birth, gender,
29-22 race, and zip code. Except as otherwise provided by this section
29-23 and by Section 21 of this article, all other records maintained
29-24 under this article are confidential and are not subject to
29-25 mandatory disclosure under the open records law, Chapter 552,
29-26 Government Code, except that the applicant or license holder may be
29-27 furnished a copy of such disclosable records on request and the
30-1 payment of a reasonable fee. The department shall notify a license
30-2 holder of any request that is made for information relating to the
30-3 license holder under this section and provide the name of the
30-4 person or agency making the request. Nothing in this section shall
30-5 prevent the department from making public and distributing to the
30-6 public at no cost lists of individuals who are certified as
30-7 qualified handgun instructors by the department.
30-8 Sec. 21. STATISTICAL REPORT. The department shall make
30-9 available, on request and payment of a reasonable fee to cover
30-10 costs of copying, a statistical report that includes the number of
30-11 licenses issued, denied, revoked, or suspended by the department
30-12 during the preceding month, listed by age, gender, race, and zip
30-13 code of the applicant or license holder.
30-14 Sec. 22. RULES. The director shall adopt rules to
30-15 administer this article.
30-16 Sec. 23. FUNDS. The department shall forward the fees
30-17 collected under this article to the comptroller of public accounts.
30-18 The comptroller shall deposit the fees to the credit of an account
30-19 in the general revenue fund to be known as the concealed handgun
30-20 license account. The legislature may appropriate funds from the
30-21 account only for the purpose of paying the costs of the department
30-22 in implementing this article. At the end of each fiscal year, the
30-23 comptroller shall transfer the excess funds in the account to the
30-24 state treasury to the credit of the crime victims compensation
30-25 fund.
30-26 Sec. 24. NOTICE. (a) For the purpose of a notice required
30-27 by this article, the department may assume that the address
31-1 currently reported to the department by the applicant or license
31-2 holder is the correct address.
31-3 (b) A written notice meets the requirements under this
31-4 article if the notice is sent by certified mail to the current
31-5 address reported by the applicant or license holder to the
31-6 department.
31-7 (c) If a notice is returned to the department because the
31-8 notice is not deliverable, the department may give notice by
31-9 publication once in a newspaper of general interest in the county
31-10 of the applicant's or license holder's last reported address. On
31-11 the 31st day after the date the notice is published, the department
31-12 may take the action proposed in the notice.
31-13 Sec. 25. METHOD OF PAYMENT. A person may pay a fee required
31-14 by this article only by cashier's check, money order made payable
31-15 to the "Texas Department of Public Safety," or any other method
31-16 approved by the department. A fee received by the department under
31-17 this article is nonrefundable.
31-18 Sec. 26. LICENSE A BENEFIT. The issuance of a license under
31-19 this article is a benefit to the license holder for purposes of
31-20 those sections of the Penal Code to which the definition of
31-21 "benefit" under Section 1.07, Penal Code, applies.
31-22 Sec. 27. LAW ENFORCEMENT OFFICER ALIAS HANDGUN LICENSE.
31-23 (a) On written approval of the director, the department may issue
31-24 to a law enforcement officer an alias license to carry a concealed
31-25 handgun to be used in supervised activities involving criminal
31-26 investigations.
31-27 (b) It is a defense to prosecution under Section 46.035,
32-1 Penal Code, that the actor, at the time of the commission of the
32-2 offense, was the holder of an alias license issued under this
32-3 section.
32-4 Sec. 28. HONORABLY RETIRED PEACE OFFICERS. (a) A person
32-5 who is licensed as a peace officer under Chapter 415, Government
32-6 Code, and who has been employed full-time as a peace officer by a
32-7 law enforcement agency may apply for a license under this article
32-8 on retirement. The application must be made not later than the
32-9 first anniversary after the date of retirement.
32-10 (b) The person shall submit two complete sets of legible and
32-11 classifiable fingerprints and a sworn statement from the head of
32-12 the law enforcement agency employing the applicant. The statement
32-13 shall include:
32-14 (1) the name and rank of the applicant;
32-15 (2) the status of the applicant before retirement;
32-16 (3) whether or not the applicant was accused of
32-17 misconduct at the time of the retirement;
32-18 (4) the physical and mental condition of the
32-19 applicant;
32-20 (5) the type of weapons the applicant had demonstrated
32-21 proficiency with during the last year of employment;
32-22 (6) whether the applicant would be eligible for
32-23 reemployment with the agency, and if not, the reasons the applicant
32-24 is not eligible; and
32-25 (7) a recommendation from the agency head regarding
32-26 the issuance of a license under this article.
32-27 (c) The department may issue a license under this article to
33-1 an applicant under this section if the applicant is honorably
33-2 retired and physically and emotionally fit to possess a handgun.
33-3 In this subsection, "honorably retired" means the applicant:
33-4 (1) did not retire in lieu of any disciplinary action;
33-5 (2) was employed as a full-time peace officer for not
33-6 less than 10 years by one agency; and
33-7 (3) is entitled to receive a pension or annuity for
33-8 service as a law enforcement officer.
33-9 (d) An applicant under this section shall pay a fee of $25
33-10 for a license issued under this article.
33-11 (e) A retired peace officer who obtains a license under this
33-12 article must maintain, for the category of weapon licensed, the
33-13 proficiency required for a peace officer under Section 415.035,
33-14 Government Code. The department or a local law enforcement agency
33-15 shall allow a retired peace officer of the department or agency an
33-16 opportunity to annually demonstrate the required proficiency. The
33-17 proficiency shall be reported to the department on application and
33-18 renewal.
33-19 (f) A license issued under this section expires as provided
33-20 by Section 9 of this article.
33-21 (g) A retired criminal investigator of the United States who
33-22 is designated as a "special agent" is eligible for a license under
33-23 this section. An applicant described by this subsection may submit
33-24 the application at any time after retirement. The applicant shall
33-25 submit with the application proper proof of retired status by
33-26 presenting the following documents prepared by the agency from
33-27 which the applicant retired:
34-1 (1) retirement credentials; and
34-2 (2) a letter from the agency head stating the
34-3 applicant retired in good standing.
34-4 Sec. 29. APPLICATION TO LICENSED SECURITY OFFICERS. This
34-5 article does not exempt a license holder who is also employed as a
34-6 security officer and licensed under the Private Investigators and
34-7 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
34-8 Civil Statutes) from the duty to comply with that Act or Section
34-9 46.02, Penal Code.
34-10 Sec. 30. ACTIVE AND RETIRED JUDICIAL OFFICERS. (a) In this
34-11 section:
34-12 (1) "Active judicial officer" means a person serving
34-13 as a judge or justice of the supreme court, the court of criminal
34-14 appeals, a court of appeals, a district court, a criminal district
34-15 court, a constitutional county court, a statutory county court, a
34-16 justice court, or a municipal court.
34-17 (2) "Retired judicial officer" means:
34-18 (A) a special judge appointed under Section
34-19 26.023 or 26.024, Government Code; or
34-20 (B) a senior judge designated under Section
34-21 75.001, Government Code, or a judicial officer as designated or
34-22 defined by Section 75.001, 831.001, or 836.001, Government Code.
34-23 (b) Notwithstanding any other provision of this article, the
34-24 department shall issue a license under this article to an active or
34-25 retired judicial officer who meets the requirements of this
34-26 section.
34-27 (c) An active judicial officer is eligible for a license to
35-1 carry a concealed handgun under the authority of this article. A
35-2 retired judicial officer is eligible for a license to carry a
35-3 concealed handgun under the authority of this article if the
35-4 officer:
35-5 (1) has not been convicted of a felony;
35-6 (2) has not, in the five years preceding the date of
35-7 application, been convicted of a Class A or Class B misdemeanor;
35-8 (3) is not charged with the commission of a Class A or
35-9 Class B misdemeanor or of a felony under an information or
35-10 indictment;
35-11 (4) is not a chemically dependent person; and
35-12 (5) is not a person of unsound mind.
35-13 (d) An applicant for a license who is an active or retired
35-14 judicial officer must submit to the department:
35-15 (1) a completed application on a form prescribed by
35-16 the department;
35-17 (2) two recent color passport photographs of the
35-18 applicant;
35-19 (3) a handgun proficiency certificate issued to the
35-20 applicant as evidence that the applicant successfully completed the
35-21 proficiency requirements of this article;
35-22 (4) a nonrefundable application and license fee set by
35-23 the department in an amount reasonably designed to cover the
35-24 administrative costs associated with issuance of a license to carry
35-25 a concealed handgun under this article; and
35-26 (5) if the applicant is a retired judicial officer:
35-27 (A) two complete sets of legible and
36-1 classifiable fingerprints of the applicant taken by a person
36-2 employed by a law enforcement agency who is appropriately trained
36-3 in recording fingerprints; and
36-4 (B) a form executed by the applicant that
36-5 authorizes the department to make an inquiry into any noncriminal
36-6 history records that are necessary to determine the applicant's
36-7 eligibility for a license under this article.
36-8 (e) On receipt of all the application materials required by
36-9 this section, the department shall:
36-10 (1) if the applicant is an active judicial officer,
36-11 issue a license to carry a concealed handgun under the authority of
36-12 this article; or
36-13 (2) if the applicant is a retired judicial officer,
36-14 conduct an appropriate background investigation to determine the
36-15 applicant's eligibility for the license and, if the applicant is
36-16 eligible, issue a license to carry a concealed handgun under the
36-17 authority of this article.
36-18 (f) Except as otherwise provided by this subsection, an
36-19 applicant for a license under this section must satisfy the handgun
36-20 proficiency requirements of Section 16 of this article. The
36-21 classroom instruction part of the proficiency course for an active
36-22 judicial officer is not subject to a minimum hour requirement. The
36-23 instruction must include instruction only on:
36-24 (1) handgun use, proficiency, and safety; and
36-25 (2) proper storage practices for handguns with an
36-26 emphasis on storage practices that eliminate the possibility of
36-27 accidental injury to a child.
37-1 (g) A license issued under this section expires as provided
37-2 by Section 9 of this article and, except as otherwise provided by
37-3 this subsection, may be renewed in accordance with Section 11 of
37-4 this article. An active judicial officer is not required to attend
37-5 the classroom instruction part of the continuing education
37-6 proficiency course to renew a license.
37-7 (h) The department shall issue a license to carry a
37-8 concealed handgun under the authority of this article to an elected
37-9 attorney representing the state in the prosecution of felony cases
37-10 who meets the requirements of this section for an active judicial
37-11 officer. The department shall waive any fee required for the
37-12 issuance of an original, duplicate, or renewed license under this
37-13 article for an applicant who is an attorney elected or employed to
37-14 represent the state in the prosecution of felony cases.
37-15 Sec. 31. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A
37-16 business that has a permit or license issued under Chapter 25, 28,
37-17 32, or 69, Alcoholic Beverage Code, and that derives 51 percent or
37-18 more of its income from the sale of alcoholic beverages for
37-19 on-premises consumption shall prominently display at each entrance
37-20 to the business premises a sign that complies with the requirements
37-21 of Subsection (c) of this section.
37-22 (b) A hospital licensed under Chapter 241, Health and Safety
37-23 Code, or a nursing home licensed under Chapter 242, Health and
37-24 Safety Code, shall prominently display at each entrance to the
37-25 hospital or nursing home, as appropriate, a sign that complies with
37-26 the requirements of Subsection (c) of this section.
37-27 (c) The sign required under Subsections (a) and (b) of this
38-1 section must give notice in both English and Spanish that it is
38-2 unlawful to carry a handgun on the premises. The sign must appear
38-3 in contrasting colors with block letters at least one inch in
38-4 height and shall be displayed in a conspicuous manner clearly
38-5 visible to the public.
38-6 Sec. 32. RIGHTS OF EMPLOYERS. This article does not prevent
38-7 or otherwise limit the right of a public or private employer to
38-8 prohibit persons who are licensed under this article from carrying
38-9 a concealed handgun on the premises of the business.
38-10 Sec. 33. REDUCTION OF FEES DUE TO INDIGENCY.
38-11 (a) Notwithstanding any other provision of this article, the
38-12 department shall reduce by 50 percent any fee required for the
38-13 issuance of an original, duplicate, modified, or renewed license
38-14 under this article if the department determines that the applicant
38-15 is indigent.
38-16 (b) The department shall require an applicant requesting a
38-17 reduction of a fee to submit proof of indigency with the
38-18 application materials.
38-19 (c) For purposes of this section, an applicant is indigent
38-20 if the applicant's income is not more than 100 percent of the
38-21 applicable income level established by the federal poverty
38-22 guidelines.
38-23 Sec. 34. REDUCTION OF FEES FOR SENIOR CITIZENS.
38-24 Notwithstanding any other provision of this article, the department
38-25 shall reduce by 50 percent any fee required for the issuance of an
38-26 original, duplicate, or modified license under this article if the
38-27 applicant for the license is 60 years of age or older.
39-1 Sec. 35. RECIPROCAL LICENSE. On application by a person who
39-2 has a valid license to carry a concealed handgun issued by another
39-3 state, the department may issue to the person a license under this
39-4 article without requiring that the person meet eligibility
39-5 requirements or pay fees otherwise imposed under this article, but
39-6 only if the department determines that:
39-7 (1) the eligibility requirements imposed by the other
39-8 state are at least as rigorous as the requirements imposed by this
39-9 article; and
39-10 (2) the other state provides reciprocal licensing
39-11 privileges to a person who holds a license issued under this
39-12 article and applies for a license in the other state.
39-13 Sec. 36. AUTHORITY OF A PEACE OFFICER TO DISARM. A peace
39-14 officer who is acting in the lawful discharge of the officer's
39-15 official duties is authorized to disarm a license holder at any
39-16 time when the peace officer reasonably believes it is necessary for
39-17 the protection of the license holder, peace officer, or other
39-18 individuals. The peace officer shall return the handgun to the
39-19 license holder before discharging the license holder from the scene
39-20 when the peace officer has determined that the license holder is
39-21 not a threat to the peace officer, license holder, or other
39-22 individuals, and providing that the license holder has not violated
39-23 any provision of this Act, or has not committed any other violation
39-24 that results in the arrest of the license holder.
39-25 SECTION 2. Subsection (b), Section 46.02, Penal Code, is
39-26 amended to read as follows:
39-27 (b) It is a defense to prosecution under this section that
40-1 the actor was, at the time of the commission of the offense:
40-2 (1) in the actual discharge of his official duties as
40-3 a member of the armed forces or state military forces as defined by
40-4 Section 431.001, Government Code, or as a guard employed by a penal
40-5 institution;
40-6 (2) on his own premises or premises under his control
40-7 unless he is an employee or agent of the owner of the premises and
40-8 his primary responsibility is to act in the capacity of a security
40-9 guard to protect persons or property, in which event he must comply
40-10 with Subdivision (5);
40-11 (3) traveling;
40-12 (4) engaging in lawful hunting, fishing, or other
40-13 sporting activity on the immediate premises where the activity is
40-14 conducted, or was directly en route between the premises and the
40-15 actor's residence, if the weapon is a type commonly used in the
40-16 activity;
40-17 (5) a person who holds a security officer commission
40-18 issued by the Texas Board of Private Investigators and Private
40-19 Security Agencies, if:
40-20 (A) he is engaged in the performance of his
40-21 duties as a security officer or traveling to and from his place of
40-22 assignment;
40-23 (B) he is wearing a distinctive uniform; and
40-24 (C) the weapon is in plain view; <or>
40-25 (6) a peace officer, other than a person commissioned
40-26 by the Texas State Board of Pharmacy; or
40-27 (7) carrying a concealed handgun and a valid license
41-1 issued under Article 4413(29ee), Revised Statutes, to carry a
41-2 concealed handgun of the same category as the handgun the person is
41-3 carrying.
41-4 SECTION 3. Subsection (f), Section 46.03, Penal Code, is
41-5 amended to read as follows:
41-6 (f) It is not a defense to prosecution under this section
41-7 that the actor possessed a handgun and was licensed to carry a
41-8 concealed handgun under Article 4413(29ee), Revised Statutes.
41-9 (g) An offense under this section is a third degree felony.
41-10 SECTION 4. Chapter 46, Penal Code, is amended by adding
41-11 Section 46.035 to read as follows:
41-12 Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
41-13 (a) A license holder commits an offense if the license holder
41-14 carries a handgun on or about the license holder's person under the
41-15 authority of Article 4413(29ee), Revised Statutes, and
41-16 intentionally fails to conceal the handgun.
41-17 (b) A license holder commits an offense if the license
41-18 holder intentionally, knowingly, or recklessly carries a handgun
41-19 under the authority of Article 4413(29ee), Revised Statutes,
41-20 regardless of whether the handgun is concealed, on or about the
41-21 license holder's person:
41-22 (1) on the premises of a business that has a permit or
41-23 license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
41-24 Code, if the business derives 51 percent or more of its income from
41-25 the sale of alcoholic beverages for on-premises consumption;
41-26 (2) on the premises where a high school, collegiate,
41-27 or professional sporting event or interscholastic event is taking
42-1 place, unless the license holder is a participant in the event and
42-2 a handgun is used in the event;
42-3 (3) on the premises of a correctional facility;
42-4 (4) on the premises of a hospital licensed under
42-5 Chapter 241, Health and Safety Code, or on the premises of a
42-6 nursing home licensed under Chapter 242, Health and Safety Code,
42-7 unless the license holder has written authorization of the hospital
42-8 or nursing home administration, as appropriate;
42-9 (5) in an amusement park; or
42-10 (6) on the premises of a church, synagogue, or other
42-11 established place of religious worship.
42-12 (c) A license holder commits an offense if the license
42-13 holder intentionally, knowingly, or recklessly carries a handgun
42-14 under the authority of Article 4413(29ee), Revised Statutes,
42-15 regardless of whether the handgun is concealed, at any meeting of a
42-16 governmental entity.
42-17 (d) A license holder commits an offense if, while
42-18 intoxicated, the license holder carries a handgun under the
42-19 authority of Article 4413(29ee), Revised Statutes, regardless of
42-20 whether the handgun is concealed.
42-21 (e) A license holder who is licensed as a security officer
42-22 under the Private Investigators and Private Security Agencies Act
42-23 (Article 4413(29bb), Vernon's Texas Civil Statutes) and employed as
42-24 a security officer commits an offense if, while in the course and
42-25 scope of the security officer's employment, the security officer
42-26 violates a provision of Article 4413(29ee), Revised Statutes.
42-27 (f) In this section:
43-1 (1) "Amusement park" means a permanent indoor or
43-2 outdoor facility or park where amusement rides are available for
43-3 use by the public that is located in a county with a population of
43-4 more than one million, encompasses at least 75 acres in surface
43-5 area, is enclosed with access only through controlled entries, is
43-6 open for operation more than 120 days in each calendar year, and
43-7 has security guards on the premises at all times. The term does
43-8 not include any public or private driveway, street, sidewalk or
43-9 walkway, parking lot, parking garage, or other parking area.
43-10 (2) "License holder" means a person licensed to carry
43-11 a handgun under Article 4413(29ee), Revised Statutes.
43-12 (3) "Premises" means a building or a portion of a
43-13 building. The term does not include any public or private
43-14 driveway, street, sidewalk or walkway, parking lot, parking garage,
43-15 or other parking area.
43-16 (g) An offense under Subsection (a), (b), (c), (d), or (e)
43-17 is a Class A misdemeanor, unless the offense is committed under
43-18 Subsection (b)(1) or (b)(3), in which event the offense is a felony
43-19 of the third degree.
43-20 (h) It is a defense to prosecution under Subsection (a) that
43-21 the actor, at the time of the commission of the offense, displayed
43-22 the handgun under circumstances in which the actor would have been
43-23 justified in the use of deadly force under Chapter 9.
43-24 SECTION 5. Section 51.16, Family Code, is amended by adding
43-25 Subsection (m) to read as follows:
43-26 (m) On request of the Department of Public Safety, a
43-27 juvenile court shall reopen and allow the department to inspect the
44-1 files and records of the juvenile court relating to an applicant
44-2 for a license to carry a concealed handgun under Article
44-3 4413(29ee), Revised Statutes.
44-4 SECTION 6. Subchapter D, Chapter 411, Government Code, is
44-5 amended by adding Section 411.047 to read as follows:
44-6 Sec. 411.047. REPORTING RELATED TO CONCEALED HANDGUN
44-7 INCIDENTS. (a) The department shall maintain statistics related
44-8 to responses by law enforcement agencies to incidents in which a
44-9 person licensed to carry a handgun under Article 4413(29ee),
44-10 Revised Statutes, is arrested for an offense under Section 46.035,
44-11 Penal Code, or discharges a handgun.
44-12 (b) The department by rule shall adopt procedures for local
44-13 law enforcement to make reports to the department described by
44-14 Subsection (a).
44-15 SECTION 7. Subsection (b), Section 215.001, Local Government
44-16 Code, is amended to read as follows:
44-17 (b) Subsection (a) does not affect the authority a
44-18 municipality has under another law to:
44-19 (1) require residents or public employees to be armed
44-20 for personal or national defense, law enforcement, or another
44-21 lawful purpose;
44-22 (2) regulate the discharge of firearms within the
44-23 limits of the municipality;
44-24 (3) regulate the use of property, the location of a
44-25 business, or uses at a business under the municipality's fire code,
44-26 zoning ordinance, or land-use regulations as long as the code,
44-27 ordinance, or regulations are not used to circumvent the intent of
45-1 Subsection (a) or Subdivision (5) of this subsection;
45-2 (4) regulate the use of firearms in the case of an
45-3 insurrection, riot, or natural disaster if the municipality finds
45-4 the regulations necessary to protect public health and safety;
45-5 (5) regulate the storage or transportation of
45-6 explosives to protect public health and safety, except that 25
45-7 pounds or less of black powder for each private residence and 50
45-8 pounds or less of black powder for each retail dealer are not
45-9 subject to regulation; or
45-10 (6) regulate the carrying of a firearm by a person
45-11 other than a person licensed to carry a concealed handgun under
45-12 Article 4413(29ee), Revised Statutes, at a:
45-13 (A) public park;
45-14 (B) public meeting of a municipality, county, or
45-15 other governmental body;
45-16 (C) political rally, parade, or official
45-17 political meeting; or
45-18 (D) nonfirearms-related school, college, or
45-19 professional athletic event.
45-20 SECTION 8. (a) This Act takes effect September 1, 1995,
45-21 except that a license issued under this Act before January 1, 1996,
45-22 is not effective until January 1, 1996. A license issued before
45-23 January 1, 1996, shall be clearly marked to reflect the date on
45-24 which it becomes effective, and the director of the Department of
45-25 Public Safety shall inform each recipient of a license before that
45-26 date that the license is not effective until that date.
45-27 (b) Notwithstanding Subsection (a), Section 9, Article
46-1 4413(29ee), Revised Statutes, as added by this Act, the Department
46-2 of Public Safety by rule may adopt a system to implement staggered
46-3 and evenly distributed license expiration dates over the four-year
46-4 period beginning January 1, 1996. The department may not issue a
46-5 license that is effective for less than two years. A license that
46-6 is effective for less than four years and is renewed expires as
46-7 provided by Subsection (b), Section 9, Article 4413(29ee), Revised
46-8 Statutes, as added by this Act. Notwithstanding Subdivision (6),
46-9 Subsection (a), Section 3, Article 4413(29ee), Revised Statutes, as
46-10 added by this Act, the department by rule shall prorate the
46-11 nonrefundable application and license fee for applicants who
46-12 receive licenses that are effective for less than four years under
46-13 this subsection.
46-14 SECTION 9. The Department of Public Safety shall adopt the
46-15 rules and establish the procedures required by Section 411.047,
46-16 Government Code, as added by Section 6 of this Act, not later than
46-17 January 1, 1996.
46-18 SECTION 10. An offense committed before January 1, 1996, is
46-19 covered by the law in effect when the offense is committed, and the
46-20 former law is continued in effect for this purpose.
46-21 SECTION 11. The importance of this legislation and the
46-22 crowded condition of the calendars in both houses create an
46-23 emergency and an imperative public necessity that the
46-24 constitutional rule requiring bills to be read on three several
46-25 days in each house be suspended, and this rule is hereby suspended.