74R10305 PEP-D
By Patterson, et al. S.B. No. 60
Substitute the following for S.B. No. 60:
By Carter C.S.S.B. No. 60
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a license to carry a concealed handgun;
1-3 requiring of an applicant for the license a handgun proficiency and
1-4 safety training course and a criminal background check; providing
1-5 penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 70, Revised Statutes, is amended by adding
1-8 Article 4413(29ee) to read as follows:
1-9 Art. 4413(29ee). LICENSE TO CARRY A CONCEALED HANDGUN
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Action" means single action, revolver, or
1-12 semi-automatic action.
1-13 (2) "Chemically dependent person" means a person who
1-14 frequently or repeatedly becomes intoxicated by excessive
1-15 indulgence in alcohol or uses controlled substances or dangerous
1-16 drugs so as to acquire a fixed habit and an involuntary tendency to
1-17 become intoxicated or use those substances as often as the
1-18 opportunity is presented.
1-19 (3) "Concealed handgun" means a handgun, the presence
1-20 of which is not openly discernible to the ordinary observation of a
1-21 reasonable person.
1-22 (4) "Convicted" means an adjudication of guilt or an
1-23 order of deferred adjudication entered against a person by a court
1-24 of competent jurisdiction whether or not:
2-1 (A) the imposition of the sentence is
2-2 subsequently probated and the person is discharged from community
2-3 supervision; or
2-4 (B) the person is pardoned for the offense,
2-5 unless the pardon is expressly granted for subsequent proof of
2-6 innocence.
2-7 (5) "Department" means the Department of Public
2-8 Safety, including employees of the department.
2-9 (6) "Director" means the director of the Department of
2-10 Public Safety or the director's designee.
2-11 (7) "Handgun" has the meaning assigned by Section
2-12 46.01, Penal Code.
2-13 (8) "Intoxicated" has the meaning assigned by Section
2-14 49.01, Penal Code.
2-15 (9) "Qualified handgun instructor" means a person who
2-16 is certified to instruct in the use of handguns by the department.
2-17 (10) "Unsound mind" means the mental condition of a
2-18 person who:
2-19 (A) has been adjudicated mentally incompetent,
2-20 mentally ill, or not guilty of a criminal offense by reason of
2-21 insanity; or
2-22 (B) has been diagnosed by a licensed physician
2-23 as being characterized by a mental disorder or infirmity that
2-24 renders the person incapable of managing the person's self or the
2-25 person's affairs, unless the person furnishes a certificate from a
2-26 licensed physician stating that the person is no longer disabled.
2-27 Sec. 2. ELIGIBILITY. (a) A person is eligible for a
3-1 license to carry a concealed handgun if the person:
3-2 (1) is a legal resident of this state for the
3-3 six-month period preceding the date of application under this
3-4 article;
3-5 (2) is at least 21 years of age;
3-6 (3) has not been convicted of a felony;
3-7 (4) is not charged with the commission of a Class A or
3-8 Class B misdemeanor or an offense under Section 42.01, Penal Code,
3-9 or of a felony under an information or indictment;
3-10 (5) is not a fugitive from justice for a felony or a
3-11 Class A or Class B misdemeanor;
3-12 (6) is not a chemically dependent person;
3-13 (7) is not a person of unsound mind;
3-14 (8) has not, in the five years preceding the date of
3-15 application, been convicted of a Class A or Class B misdemeanor or
3-16 an offense under Section 42.01, Penal Code;
3-17 (9) is fully qualified under applicable federal and
3-18 state law to purchase a handgun;
3-19 (10) 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 (11) 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 (12) has not been finally determined to be in default
3-27 on a loan made under Chapter 57, Education Code;
4-1 (13) is not currently restricted under a court
4-2 protective order;
4-3 (14) 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 (15) 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 within
4-19 the 10-year period preceding the date on which the person applies
4-20 for a license of an offense of the grade of Class B misdemeanor or
4-21 greater that involves the use of alcohol or a controlled substance
4-22 as a statutory element of the offense shall be deemed to be a
4-23 person who is chemically dependent and is not qualified to receive
4-24 a license under this article. Nothing in this subsection shall
4-25 preclude the disqualification of an individual for being a
4-26 chemically dependent person if other evidence exists that the
4-27 person is a chemically dependent person.
5-1 Sec. 3. APPLICATION. (a) An applicant for a license to
5-2 carry a concealed handgun must submit to the director's designee
5-3 described by Section 4 of this article:
5-4 (1) a completed application on a form provided by the
5-5 department that requires only the information listed in Subsection
5-6 (b) of this section;
5-7 (2) two recent color passport photographs of the
5-8 applicant;
5-9 (3) a certified copy of the applicant's birth
5-10 certificate or certified proof of age;
5-11 (4) proof of residency in this state;
5-12 (5) two complete sets of legible and classifiable
5-13 fingerprints of the applicant taken by a person employed by a law
5-14 enforcement agency who is appropriately trained in recording
5-15 fingerprints;
5-16 (6) a nonrefundable application and license fee of
5-17 $140 paid to the department;
5-18 (7) a handgun proficiency certificate described by
5-19 Section 17 of this article;
5-20 (8) an affidavit signed by the applicant stating that
5-21 the applicant:
5-22 (A) has read and understands each provision of
5-23 this article that creates an offense under the laws of this state
5-24 and each provision of the laws of this state related to use of
5-25 deadly force; and
5-26 (B) fulfills all the eligibility requirements
5-27 listed under Section 2 of this article; and
6-1 (9) a form executed by the applicant that authorizes
6-2 the director to make an inquiry into any non-criminal history
6-3 records that are necessary to determine the applicant's eligibility
6-4 for a license under Section 2(a) of this article.
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 treatment received by, commitment to, or residence in a drug or
6-22 alcohol treatment center licensed to provide drug or alcohol
6-23 treatment under the laws of this state or another state or in a
6-24 psychiatric hospital.
6-25 (c) The department shall distribute on request a copy of
6-26 this article and application materials.
6-27 Sec. 4. REQUEST FOR APPLICATION MATERIALS. (a) A person
7-1 applying for a license to carry a concealed handgun must apply by
7-2 obtaining a request for application materials from a handgun
7-3 dealer, the department, or any other person or entity approved by
7-4 the department. This request for application materials shall
7-5 include the applicant's full name, address, race, sex, height, date
7-6 of birth, and driver's license number and such other identifying
7-7 information as may be required by the department by rule. This
7-8 request shall be in a form prescribed by the department and made
7-9 available to interested parties by the department. An individual
7-10 who desires to receive application materials shall complete the
7-11 request for application materials and forward it to the department
7-12 at its Austin address. The department not later than the 15th day
7-13 after the date the department receives a request for application
7-14 materials shall review the request and make a preliminary
7-15 determination as to whether or not the individual is qualified to
7-16 receive a handgun license. If an individual is not disqualified to
7-17 receive a handgun license, the department shall forward to the
7-18 individual the appropriate application materials as described in
7-19 this article. The applicant shall complete the application
7-20 materials and forward the completed materials to the department at
7-21 its Austin address.
7-22 (b) In the event that a preliminary review indicates that an
7-23 individual will not be qualified to receive a handgun license, the
7-24 department shall send written notification to that individual. The
7-25 notice shall provide the reason that the preliminary review
7-26 indicates that the individual is not entitled to receive a handgun
7-27 license. The individual shall be given an opportunity to correct
8-1 whatever defect may exist.
8-2 Sec. 5. REVIEW OF APPLICATION MATERIALS. (a) On receipt of
8-3 the application materials by the department at its Austin
8-4 headquarters, the department shall conduct the appropriate criminal
8-5 history record check of the applicant through its computerized
8-6 criminal history system. Not later than the 30th day after the
8-7 date the department receives the application materials, the
8-8 department shall forward the materials to the director's designee
8-9 in the geographical area of the applicant's residence so that the
8-10 designee may conduct the investigation detailed in Subsection (b)
8-11 of this section.
8-12 (b) The director's designee as needed shall conduct an
8-13 additional criminal history record check of the applicant and an
8-14 investigation of the applicant's local official records to verify
8-15 the accuracy of the application materials. The scope of the record
8-16 check and the investigation are at the sole discretion of the
8-17 department. The department may send a fingerprint card to the
8-18 Federal Bureau of Investigation for a national criminal history
8-19 check of the applicant. On completion of the investigation, the
8-20 director's designee shall return all materials and the result of
8-21 the investigation to the appropriate division of the department at
8-22 its Austin headquarters. The director's designee may submit to the
8-23 appropriate division of the department, at the department's Austin
8-24 headquarters, along with the application materials a written
8-25 recommendation for disapproval of the application, accompanied by
8-26 an affidavit stating personal knowledge or naming persons with
8-27 personal knowledge of a ground for denial under Section 2 of this
9-1 article. The director's designee in the appropriate geographical
9-2 area may also submit the application and the recommendation that
9-3 the license be issued.
9-4 Sec. 6. LICENSE. (a) The department shall issue a license
9-5 to carry a concealed handgun to an applicant if the applicant meets
9-6 all the eligibility requirements and submits all the application
9-7 materials. The department may issue a license to carry handguns
9-8 only of the categories indicated on the applicant's certificate of
9-9 proficiency issued under Section 17 of this article. The
9-10 department shall administer the licensing procedures in good faith
9-11 so that any applicant who meets all the eligibility requirements
9-12 and submits all the application materials shall receive a license.
9-13 The department may not deny an application on the basis of a
9-14 capricious or arbitrary decision by the department.
9-15 (b)(1) After January 1, 1997, the department, not later than
9-16 the 60th day after the date of the receipt by the director's
9-17 designee of the completed application materials, shall:
9-18 (A) issue the license; or
9-19 (B) notify the applicant in writing that the
9-20 application was denied:
9-21 (i) on the grounds that the applicant
9-22 failed to qualify under the criteria listed in Section 2 of this
9-23 article;
9-24 (ii) based on the affidavit of the
9-25 director's designee submitted to the department under Section 7(d)
9-26 of this article; or
9-27 (iii) based on the affidavit of the
10-1 qualified handgun instructor submitted to the department under
10-2 Section 17(c) of this article.
10-3 (2) Between the effective date of this article and
10-4 December 31, 1996, the department shall perform the duties set out
10-5 in this subsection not later than the 90th day after the date of
10-6 the receipt by the director's designee of the completed application
10-7 materials.
10-8 (c) If the department issues a license, the department shall
10-9 notify the sheriff of the county in which the license holder
10-10 resides that a license has been issued to the license holder. On
10-11 request of a local law enforcement agency, the department shall
10-12 notify the agency of the licenses that have been issued to license
10-13 holders who reside in the county in which the agency is located.
10-14 (d) A license issued under this article is effective from
10-15 the date of issuance.
10-16 (e) The department by rule shall adopt the form of the
10-17 license. A license must include:
10-18 (1) a number assigned to the license holder by the
10-19 department;
10-20 (2) a statement of the period for which the license is
10-21 effective;
10-22 (3) a statement of the category or categories of
10-23 handguns the license holder may carry as provided by Subsection (f)
10-24 of this section;
10-25 (4) a color photograph of the license holder; and
10-26 (5) the license holder's full name, date of birth,
10-27 residence address, hair and eye color, height, weight, signature,
11-1 and the number of a driver's license or an identification
11-2 certificate issued to the license holder by the department.
11-3 (f) A category of handguns contains handguns that are not
11-4 prohibited by law and are of certain actions. The categories of
11-5 handguns are as follows:
11-6 (1) SA: any handguns, whether semi-automatic or not;
11-7 and
11-8 (2) NSA: handguns that are not semi-automatic.
11-9 (g) On a demand by a magistrate or a peace officer that a
11-10 license holder display the license holder's handgun license, the
11-11 license holder shall display both the license and the license
11-12 holder's driver's license or identification certificate issued by
11-13 the department.
11-14 (h) If a license holder is carrying a handgun on or about
11-15 the license holder's person when a magistrate or a peace officer
11-16 demands that the license holder display identification, the license
11-17 holder shall display both the license holder's driver's license or
11-18 identification certificate issued by the department and the license
11-19 holder's handgun license.
11-20 (i) A person commits an offense if the person fails or
11-21 refuses to display the license and identification as required by
11-22 Subsection (g) or (h) of this section. An offense under this
11-23 subsection is a Class C misdemeanor.
11-24 Sec. 7. NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF
11-25 LICENSE; REVIEW. (a) The department shall give written notice to
11-26 each applicant for a handgun license of any denial, revocation, or
11-27 suspension of that license. Not later than the 30th day after the
12-1 notice is received by the applicant, according to the records of
12-2 the department, the applicant or license holder may request a
12-3 hearing on the denial, revocation, or suspension. The applicant
12-4 must make a written request for a hearing addressed to the
12-5 department at its Austin address. The request for hearing must
12-6 reach the department in Austin prior to the 30th day after the date
12-7 of receipt of the written notice. On receipt of a request for
12-8 hearing from a license holder or applicant, the department shall
12-9 promptly schedule a hearing in the appropriate justice court in the
12-10 county of residence of the applicant or license holder. The
12-11 justice court shall conduct a hearing to review the denial,
12-12 revocation, or suspension of the license. In a proceeding under
12-13 this section, a justice of the peace shall act as an administrative
12-14 hearing officer. A hearing under this section is not subject to
12-15 Chapter 2001, Government Code (Administrative Procedure Act). The
12-16 department may be represented by a district attorney or county
12-17 attorney, the attorney general, or a designated member of the
12-18 department.
12-19 (b) The department, on receipt of a request for hearing,
12-20 shall file the appropriate petition in the justice court selected
12-21 for the hearing and send a copy of that petition to the applicant
12-22 or license holder at the address contained in departmental records.
12-23 A hearing under this section must be scheduled within 30 days of
12-24 receipt of the request for a hearing. The hearing shall be held
12-25 expeditiously but in no event more than 60 days after the date that
12-26 the applicant or license holder requested the hearing. The date of
12-27 the hearing may be reset on the motion of either party, by
13-1 agreement of the parties, or by the court as necessary to
13-2 accommodate the court's docket.
13-3 (c) The justice court shall determine if the denial,
13-4 revocation, or suspension is supported by a preponderance of the
13-5 evidence. Both the applicant or license holder and the department
13-6 may present evidence. The court shall affirm the denial,
13-7 revocation, or suspension if the court determines that denial,
13-8 revocation, or suspension was supported by a preponderance of the
13-9 evidence. If the court determines that the denial, revocation, or
13-10 suspension was not supported by a preponderance of the evidence,
13-11 the court shall order the department to immediately issue or return
13-12 the license to the applicant or license holder.
13-13 (d) A proceeding under this section is subject to Chapter
13-14 105, Civil Practice and Remedies Code, relating to fees, expenses,
13-15 and attorney's fees.
13-16 (e) A party adversely affected by the court's ruling
13-17 following a hearing under this section may appeal the ruling by
13-18 filing within 30 days after the ruling a petition in a county court
13-19 at law in the county in which the applicant or license holder
13-20 resides or, if there is no county court at law in the county, in
13-21 the county court of the county. A person who appeals under this
13-22 section must send by certified mail a copy of the person's
13-23 petition, certified by the clerk of the court in which the petition
13-24 is filed, to the appropriate division of the department at its
13-25 Austin headquarters. The trial on appeal shall be a trial de novo
13-26 without a jury. The department may be represented by a district or
13-27 county attorney or the attorney general.
14-1 (f) A suspension of a license may not be probated.
14-2 (g) If an applicant or a license holder does not petition
14-3 the justice court, a denial becomes final and a revocation or
14-4 suspension takes effect on the 30th day after receipt of written
14-5 notice. Failure of the director to issue or deny a license as
14-6 required under Section 6(b) of this article for a period of more
14-7 than 30 days after he is required to act under that section
14-8 constitutes denial.
14-9 (h) The department is specifically authorized to utilize and
14-10 to introduce into evidence certified copies of governmental records
14-11 to establish the existence of certain events which could result in
14-12 the denial, revocation, or suspension of a license under this
14-13 article, including but not limited to records regarding
14-14 convictions, judicial findings regarding mental competency,
14-15 judicial findings regarding chemical dependency, or other matters
14-16 that may be established by governmental records which have been
14-17 properly authenticated.
14-18 Sec. 8. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a
14-19 person, after applying for or receiving a license, moves from the
14-20 address stated in the application or on the license or if the name
14-21 of the person is changed by marriage or otherwise, the person
14-22 shall, not later than the 30th day after the date of the address or
14-23 name change, notify the department and provide the department with
14-24 the number of the person's license if a license has been issued and
14-25 the person's:
14-26 (1) former and new addresses; or
14-27 (2) former and new names.
15-1 (b) If the name of the license holder is changed by marriage
15-2 or otherwise, the person shall apply for a duplicate license.
15-3 (c) If a license holder moved from the address on the
15-4 license, the person shall apply for a duplicate license.
15-5 (d) The department shall charge a license holder a fee of
15-6 $25 for a duplicate license.
15-7 (e) The department shall make the forms available on
15-8 request.
15-9 (f) The department shall notify the sheriff of the county in
15-10 which a license holder resides of a change made under Subsection
15-11 (a) of this section by the license holder. On request of a local
15-12 law enforcement agency, the department shall notify the agency of
15-13 changes made under Subsection (a) of this section by license
15-14 holders who reside in the county in which the agency is located.
15-15 (g) If a license is lost, stolen, or destroyed, the license
15-16 holder shall apply for a duplicate license not later than the 30th
15-17 day after the date of the loss, theft, or destruction of the
15-18 license.
15-19 (h) If a license holder is required under this section to
15-20 apply for a duplicate license and the license expires not later
15-21 than the 60th day after the date of the loss, theft, or destruction
15-22 of the license, the applicant may renew the license with the
15-23 modified information included on the new license. The applicant
15-24 shall pay only the nonrefundable renewal fee.
15-25 Sec. 9. EXPIRATION. (a) A license issued under this
15-26 article expires on the first birthday of the license holder
15-27 occurring after the fourth anniversary of the date of issuance.
16-1 (b) A renewed license expires on the license holder's
16-2 birthdate, four years after the date of the expiration of the
16-3 previous license.
16-4 (c) A duplicate license expires on the date the license that
16-5 was duplicated would have expired.
16-6 (d) A modified license expires on the date the license that
16-7 was modified would have expired.
16-8 Sec. 10. MODIFICATION. (a) To modify a license to allow a
16-9 license holder to carry a handgun of a different category than the
16-10 license indicates, the license holder must:
16-11 (1) complete a proficiency examination as provided by
16-12 Section 16(d) of this article;
16-13 (2) obtain a handgun proficiency certificate under
16-14 Section 17 of this article not more than six months before the date
16-15 of application for a modified license; and
16-16 (3) submit to the department:
16-17 (A) an application for a modified license on a
16-18 form provided by the department;
16-19 (B) a copy of the handgun proficiency
16-20 certificate;
16-21 (C) payment of a modified license fee of $25;
16-22 and
16-23 (D) two recent color passport photographs of the
16-24 license holder.
16-25 (b) The director by rule shall adopt a modified license
16-26 application form requiring an update of the information on the
16-27 original completed application.
17-1 (c) The department may modify the license of a license
17-2 holder who meets all the eligibility requirements and submits all
17-3 the modification materials. Not later than the 45th day after
17-4 receipt of the modification materials, the department shall issue
17-5 the modified license or notify the license holder in writing that
17-6 the modified license application was denied.
17-7 (d) On receipt of a modified license, the license holder
17-8 shall return the previously issued license to the department.
17-9 Sec. 11. RENEWAL. (a) To renew a license, a license holder
17-10 must:
17-11 (1) complete a continuing education course in handgun
17-12 proficiency under Section 16(c) of this article not more than six
17-13 months before the date of application for renewal;
17-14 (2) obtain a handgun proficiency certificate under
17-15 Section 17 of this article not more than six months before the date
17-16 of application for renewal; and
17-17 (3) submit to the department:
17-18 (A) an application for renewal on a form
17-19 provided by the department;
17-20 (B) a copy of the handgun proficiency
17-21 certificate;
17-22 (C) payment of a nonrefundable renewal fee as
17-23 set by the department; and
17-24 (D) two recent color passport photographs of the
17-25 applicant.
17-26 (b) The director by rule shall adopt a renewal application
17-27 form and set the renewal fee in an amount that is sufficient to
18-1 cover the actual cost to the department to renew a license. Not
18-2 later than the 60th day before the expiration date of the license,
18-3 the department shall mail to each license holder a written notice
18-4 of the expiration of the license and a renewal form.
18-5 (c) The department shall renew the license of a license
18-6 holder if the license holder submits an application for renewal and
18-7 completes the continuing education requirements and the department
18-8 receives no information indicating the license holder is ineligible
18-9 for license renewal. Not later than the 45th day after receipt of
18-10 the renewal materials, the department shall issue the renewal or
18-11 notify the license holder in writing that the renewal application
18-12 was denied.
18-13 (d) The director by rule shall adopt a procedure by which a
18-14 license holder who satisfies the eligibility criteria may renew a
18-15 license by mail. The materials for renewal by mail must include a
18-16 form to be signed and returned to the department by the applicant
18-17 that describes state law regarding:
18-18 (1) the use of deadly force; and
18-19 (2) the places where it is unlawful for the holder of
18-20 a license issued under this article to carry a concealed handgun.
18-21 Sec. 12. REVOCATION. (a) A license may be revoked under
18-22 this section if the license holder:
18-23 (1) was not entitled to the license at the time it was
18-24 issued;
18-25 (2) gave false information on the application;
18-26 (3) subsequently becomes ineligible for a license
18-27 under Section 2 of this article; or
19-1 (4) is convicted of an offense under Section 46.035,
19-2 Penal Code.
19-3 (b) If a peace officer believes a reason listed in
19-4 Subsection (a) of this section to revoke a license exists, the
19-5 peace officer shall prepare an affidavit on a form provided by the
19-6 department stating the reason for the revocation of the license and
19-7 giving the department all of the information available to the peace
19-8 officer at the time of the preparation of the form. The officer
19-9 shall attach the officer's reports relating to the license holder
19-10 to the form and send the form and attachments to the appropriate
19-11 division of the department at its Austin headquarters not later
19-12 than the fifth working day after the date the form is prepared.
19-13 The officer shall send a copy of the form and the attachments to
19-14 the license holder. If the license holder has not surrendered the
19-15 license or the license was not seized as evidence, the license
19-16 holder shall surrender the license to the appropriate division of
19-17 the department not later than the 10th day after the date the
19-18 license holder receives the notice of revocation from the
19-19 department, unless the license holder requests a hearing from the
19-20 department. The license holder may request that the justice court
19-21 in the justice court precinct in which the license holder resides
19-22 review the revocation as provided by Section 7 of this article. If
19-23 a request is made for the justice court to review the revocation
19-24 and hold a hearing, the license holder shall surrender the license
19-25 on the date an order of revocation has been entered by the justice
19-26 court.
19-27 (c) A license holder whose license has been revoked for a
20-1 reason listed in this section may reapply as a new applicant for
20-2 the issuance of a license under this article after the second
20-3 anniversary of the date of the revocation if the cause for
20-4 revocation does not exist on the date of the second anniversary.
20-5 If the cause of revocation exists on the date of the second
20-6 anniversary after the date of revocation, the license holder may
20-7 not apply for a new license until the cause for the revocation no
20-8 longer exists and has not existed for a period of two years.
20-9 Sec. 13. SUSPENSION OF LICENSE. (a) A license may be
20-10 suspended under this section if the license holder:
20-11 (1) is convicted of disorderly conduct punishable as a
20-12 Class C misdemeanor under Section 42.01, Penal Code;
20-13 (2) fails to display a license as required by Section
20-14 6 of this article;
20-15 (3) fails to notify the department of a change of
20-16 address or name as required by Section 8 of this article;
20-17 (4) carries a concealed handgun under the authority of
20-18 this article of a different category than the license holder is
20-19 licensed to carry;
20-20 (5) has been charged by indictment with the commission
20-21 of an offense that would make the license holder ineligible for a
20-22 license on conviction; or
20-23 (6) fails to return a previously issued license after
20-24 a license is modified as required by Section 10(d) of this article.
20-25 (b) If any peace officer believes a reason listed in
20-26 Subsection (a) of this section to suspend a license exists, the
20-27 officer shall prepare an affidavit on a form provided by the
21-1 department stating the reason for the suspension of the license and
21-2 giving the department all of the information available to the
21-3 officer at the time of the preparation of the form. The officer
21-4 shall attach the officer's reports relating to the license holder
21-5 to the form and send the form and the attachments to the
21-6 appropriate division of the department at its Austin headquarters
21-7 not later than the fifth working day after the date the form is
21-8 prepared. The officer shall send a copy of the form and the
21-9 attachments to the license holder. If the license holder has not
21-10 surrendered the license or the license was not seized as evidence,
21-11 the license holder shall surrender the license to the appropriate
21-12 division of the department not later than the 10th day after the
21-13 date the license holder receives the notice of suspension from the
21-14 department unless the license holder requests a hearing from the
21-15 department. The license holder may request that the justice court
21-16 in the justice court precinct in which the license holder resides
21-17 review the suspension as provided by Section 7 of this article. If
21-18 a request is made for the justice court to review the suspension
21-19 and hold a hearing, the license holder shall surrender the license
21-20 on the date an order of suspension has been entered by the justice
21-21 court.
21-22 (c) A license may be suspended under this section for not
21-23 less than 90 days and not more than two years.
21-24 Sec. 14. SEIZURE OF HANDGUN AND LICENSE. (a) If a peace
21-25 officer arrests and takes into custody a license holder who is
21-26 carrying a handgun under the authority of this article, the peace
21-27 officer shall seize the license holder's handgun and license as
22-1 evidence.
22-2 (b) The provisions of Article 18.19, Code of Criminal
22-3 Procedure, relating to the disposition of weapons seized in
22-4 connection with criminal offenses, apply to a handgun seized under
22-5 this subsection.
22-6 (c) Any judgment of conviction entered by any court for an
22-7 offense under Section 46.035, Penal Code, shall contain the handgun
22-8 license number of the convicted license holder. A certified copy
22-9 of the judgment is conclusive and sufficient evidence to justify
22-10 revocation of a license under Section 12(a)(4) of this article.
22-11 (d) If a peace officer arrests a license holder for an
22-12 offense that contains intoxication as an element, the officer may
22-13 request the license holder to give a specimen of the license
22-14 holder's breath for the purpose of analysis to determine the
22-15 alcohol concentration or the presence in the license holder's body
22-16 of a controlled substance, drug, dangerous drug, or other
22-17 substance. If the license holder consents to give a specimen under
22-18 this section, the taking of the specimen and the analysis of the
22-19 specimen must be performed in the manner provided by Chapter 434,
22-20 Acts of the 61st Legislature, Regular Session, 1969 (Article
22-21 6701l-5, Vernon's Texas Civil Statutes), for persons arrested for
22-22 driving while intoxicated.
22-23 Sec. 15. LIMITATION OF LIABILITY. (a) A court may not hold
22-24 the state, an agency or subdivision of the state, an officer or
22-25 employee of the state, a peace officer, or a qualified handgun
22-26 instructor liable for damages caused by:
22-27 (1) an action authorized under this article or failure
23-1 to perform a duty imposed by this article; or
23-2 (2) the actions of an applicant or license holder that
23-3 occur after the applicant has received a license or been denied a
23-4 license under this article.
23-5 (b) A cause of action in damages may not be brought against
23-6 the state, an agency or subdivision of the state, an officer or
23-7 employee of the state, a peace officer, or a qualified handgun
23-8 instructor for any damage caused by the actions of an applicant or
23-9 license holder under this article.
23-10 (c) The department is not responsible for any injury or
23-11 damage inflicted on any person by an applicant or license holder
23-12 arising or alleged to have arisen from an action taken by the
23-13 department under this article.
23-14 (d) The immunities granted above under Subsections (a), (b),
23-15 and (c) do not apply to acts or failures to act by the state, an
23-16 agency or subdivision of the state, an officer of the state, or a
23-17 peace officer when such acts or failures to act were capricious or
23-18 arbitrary.
23-19 Sec. 16. HANDGUN PROFICIENCY REQUIREMENT. (a) The director
23-20 shall by rule establish minimum standards for handgun proficiency
23-21 and shall develop a course to teach handgun proficiency and
23-22 examinations to measure handgun proficiency. The course to teach
23-23 handgun proficiency must contain training sessions divided into two
23-24 parts. One part of the course must be classroom instruction and
23-25 the other part must be range instruction and an actual
23-26 demonstration by the applicant of the applicant's ability to safely
23-27 and proficiently use the category of handgun for which the
24-1 applicant seeks certification. An applicant may not be certified
24-2 unless the applicant demonstrates, at a minimum, the degree of
24-3 proficiency that is required to effectively operate a 9-millimeter
24-4 or .38-caliber handgun. The department shall distribute the
24-5 standards, course requirements, and examinations on request to any
24-6 qualified handgun instructor.
24-7 (b) A handgun proficiency course must be administered by a
24-8 qualified handgun instructor and must include at least 10 hours and
24-9 not more than 15 hours of instruction on:
24-10 (1) the laws that relate to weapons and to the use of
24-11 deadly force;
24-12 (2) handgun use, proficiency, and safety;
24-13 (3) nonviolent dispute resolution; and
24-14 (4) proper storage practices for handguns with an
24-15 emphasis on storage practices that eliminate the possibility of
24-16 accidental injury to a child.
24-17 (c) The department shall by rule develop a continuing
24-18 education course in handgun proficiency for a license holder who
24-19 wishes to renew a license. The continuing education course shall
24-20 be administered by a qualified handgun instructor and must include
24-21 at least four hours of instruction on one or more of the subjects
24-22 listed in Subsection (b) of this section and include other
24-23 information the director determines is appropriate.
24-24 (d) The proficiency examination to obtain or to renew a
24-25 license must be administered by a qualified handgun instructor and
24-26 must include:
24-27 (1) a written section on the subjects listed in
25-1 Subsection (b) of this section; and
25-2 (2) a physical demonstration of proficiency in the use
25-3 of one or more handguns of specific categories and in handgun
25-4 safety procedures.
25-5 (e) The proficiency examination to modify a license must be
25-6 administered by a qualified handgun instructor and must include a
25-7 physical demonstration of the proficiency in the use of one or more
25-8 handguns of specific categories and in handgun safety procedures.
25-9 (f) The department shall develop and distribute directions
25-10 and materials for course instruction, test administration, and
25-11 recordkeeping. All test results shall be sent to the department,
25-12 and the department shall maintain a record of the results.
25-13 (g) A person who wishes to obtain or renew a license to
25-14 carry a concealed handgun shall apply in person to a qualified
25-15 handgun instructor to take the appropriate course in handgun
25-16 proficiency, demonstrate handgun proficiency, and obtain a handgun
25-17 proficiency certificate as described by Section 17 of this article.
25-18 (h) A license holder who wishes to modify a license to allow
25-19 the license holder to carry a handgun of a different category than
25-20 the license indicates shall apply in person to a qualified handgun
25-21 instructor to demonstrate the required knowledge and proficiency to
25-22 obtain a handgun proficiency certificate in that category as
25-23 described by Section 17 of this article.
25-24 (i) A certified firearms instructor of the department may
25-25 monitor any class or training presented by a qualified handgun
25-26 instructor. A qualified handgun instructor shall cooperate with
25-27 the department in the department's efforts to monitor the
26-1 presentation of training by the qualified handgun instructor. A
26-2 qualified handgun instructor shall make available for inspection to
26-3 the department any and all records maintained by a qualified
26-4 handgun instructor under this article. The qualified handgun
26-5 instructor shall keep a record of all certificates of handgun
26-6 proficiency issued by the qualified handgun instructor and other
26-7 information required by the department by rule.
26-8 (j) The department shall conduct a study to determine the
26-9 effectiveness and feasibility of allowing an applicant to take a
26-10 written competency examination administered by a qualified handgun
26-11 instructor in lieu of attending the classroom instruction required
26-12 under this section as part of the handgun proficiency course. The
26-13 department shall report the findings of the study to the
26-14 legislature not later than January 31, 1997.
26-15 Sec. 17. HANDGUN PROFICIENCY CERTIFICATE. (a) The
26-16 department shall develop a sequentially numbered handgun
26-17 proficiency certificate and distribute the certificate to qualified
26-18 handgun instructors who administer the handgun proficiency
26-19 examination described in Section 16 of this article. The
26-20 department by rule may set a fee in an amount sufficient to cover
26-21 the costs of the certificates.
26-22 (b) If a person successfully completes the proficiency
26-23 requirements as described in Section 16 of this article, the
26-24 instructor shall endorse a certificate of handgun proficiency
26-25 provided by the department. An applicant must successfully
26-26 complete both classroom and range instruction to receive a
26-27 certificate. The certificate must indicate the category of any
27-1 handgun for which the applicant demonstrated proficiency during the
27-2 examination.
27-3 (c) A qualified handgun instructor may submit to the
27-4 department a written recommendation for disapproval of the
27-5 application for a license, renewal, or modification of a license,
27-6 accompanied by an affidavit stating personal knowledge or naming
27-7 persons with personal knowledge of facts that lead the instructor
27-8 to believe that an applicant is not qualified for handgun
27-9 proficiency certification.
27-10 Sec. 18. QUALIFIED HANDGUN INSTRUCTORS. (a) The director
27-11 may certify as a qualified handgun instructor a person who:
27-12 (1) is certified by the Commission on Law Enforcement
27-13 Officer Standards and Education or the Texas Board of Private
27-14 Investigators and Private Security Agencies to instruct others in
27-15 the use of handguns;
27-16 (2) regularly instructs others in the use of handguns
27-17 and has graduated from a handgun instructor school that uses a
27-18 nationally accepted course designed to train persons as handgun
27-19 instructors; or
27-20 (3) is certified by the National Rifle Association of
27-21 America as a handgun instructor.
27-22 (b) In addition to the qualifications described by
27-23 Subsection (a) of this section, a qualified handgun instructor must
27-24 be qualified to instruct persons in:
27-25 (1) the laws that relate to weapons and to the use of
27-26 deadly force;
27-27 (2) handgun use, proficiency, and safety;
28-1 (3) nonviolent dispute resolution; and
28-2 (4) proper storage practices for handguns, including
28-3 storage practices that eliminate the possibility of accidental
28-4 injury to a child.
28-5 (c) The department shall provide training to an individual
28-6 who applies for certification as a qualified handgun instructor.
28-7 An applicant shall pay a fee of $100 to the department for the
28-8 training. An applicant must take and successfully complete the
28-9 training offered by the department and pay the training fee before
28-10 the department may certify the applicant as a qualified handgun
28-11 instructor. The department shall waive the requirements regarding
28-12 a handgun proficiency certification under Section 17 of this
28-13 article for an applicant for a license to carry a concealed handgun
28-14 who takes and successfully completes training under this subsection
28-15 and pays the training fee. The department by rule may prorate or
28-16 waive the training fee for an employee of another governmental
28-17 entity.
28-18 (d) The certification of a qualified handgun instructor
28-19 expires on the second anniversary after the date of certification.
28-20 To renew a certification, the qualified handgun instructor must pay
28-21 a fee of $100 and take and successfully complete the retraining
28-22 courses required by rule of the department.
28-23 (e) After certification, a qualified handgun instructor may
28-24 conduct training for applicants for a license under this article.
28-25 (f) If the department determines that a reason exists to
28-26 revoke, suspend, or deny a license to carry a concealed handgun
28-27 with respect to a person who is a qualified handgun instructor or
29-1 an applicant for certification as a qualified handgun instructor,
29-2 the department shall take that action against the person's
29-3 certification as a qualified handgun instructor regardless of
29-4 whether the person has a license issued under this article to carry
29-5 a concealed handgun.
29-6 Sec. 19. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
29-7 CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR. The procedures for
29-8 the review of a denial, revocation, or suspension of a license
29-9 under Section 7 of this article apply to the review of a denial,
29-10 revocation, or suspension of certification as a qualified handgun
29-11 instructor. The notice provisions of this article relating to
29-12 denial, revocation, or suspension of handgun licenses apply to the
29-13 proposed denial, revocation, or suspension of a certification of a
29-14 qualified handgun instructor or applicant therefor.
29-15 Sec. 20. CONFIDENTIALITY OF RECORDS. The department shall
29-16 disclose to a criminal justice agency information contained in its
29-17 files and records regarding whether a named individual or any
29-18 individual named in a specified list is licensed under this
29-19 article. The department shall, on written request and payment of a
29-20 reasonable fee to cover costs of copying, disclose to any other
29-21 individual whether a named individual or any individual whose full
29-22 name is listed on a specified written list is licensed under this
29-23 article. Information on an individual subject to disclosure under
29-24 this section includes the individual's name, date of birth, gender,
29-25 race, and zip code. Except as otherwise provided by this section
29-26 and by Section 21 of this article, all other records maintained
29-27 under this article are confidential and are not subject to
30-1 mandatory disclosure under the open records law, Chapter 552,
30-2 Government Code, except that the applicant or license holder may be
30-3 furnished a copy of such disclosable records on request and the
30-4 payment of a reasonable fee. Nothing in this section shall prevent
30-5 the department from making public and distributing to the public at
30-6 no cost lists of individuals who are certified as qualified handgun
30-7 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.
30-23 Sec. 24. NOTICE. (a) For the purpose of a notice required
30-24 by this article, the department may assume that the address
30-25 currently reported to the department by the applicant or license
30-26 holder is the correct address.
30-27 (b) A written notice meets the requirements under this
31-1 article if the notice is sent by certified mail to the current
31-2 address reported by the applicant or license holder to the
31-3 department.
31-4 (c) If a notice is returned to the department because the
31-5 notice is not deliverable, the department may give notice by
31-6 publication once in a newspaper of general interest in the county
31-7 of the applicant's or license holder's last reported address. On
31-8 the 31st day after the date the notice is published, the department
31-9 may take the action proposed in the notice.
31-10 Sec. 25. METHOD OF PAYMENT. A person may pay a fee required
31-11 by this article only by cashier's check, money order made payable
31-12 to the "Texas Department of Public Safety," or any other method
31-13 approved by the department. A fee received by the department under
31-14 this article is nonrefundable.
31-15 Sec. 26. LICENSE A BENEFIT. The issuance of a license under
31-16 this article is a benefit to the license holder for purposes of
31-17 those sections of the Penal Code to which the definition of
31-18 "benefit" under Section 1.07, Penal Code, apply.
31-19 Sec. 27. HONORABLY RETIRED PEACE OFFICERS. (a) A person
31-20 who is licensed as a peace officer under Chapter 415, Government
31-21 Code, and who has been employed full-time as a peace officer by a
31-22 law enforcement agency may apply for a license under this article
31-23 on retirement. The application must be made not later than the
31-24 90th day after the date of retirement.
31-25 (b) The person shall submit two complete sets of legible and
31-26 classifiable fingerprints and a sworn statement from the head of
31-27 the law enforcement agency employing the applicant. The statement
32-1 shall include:
32-2 (1) the name and rank of the applicant;
32-3 (2) the status of the applicant before retirement;
32-4 (3) whether or not the applicant was accused of
32-5 misconduct at the time of the retirement;
32-6 (4) the physical and mental condition of the
32-7 applicant;
32-8 (5) the type of weapons the applicant had demonstrated
32-9 proficiency with during the last year of employment;
32-10 (6) whether the applicant would be eligible for
32-11 reemployment with the agency, and if not, the reasons the applicant
32-12 is not eligible; and
32-13 (7) a recommendation from the agency head regarding
32-14 the issuance of a license under this article.
32-15 (c) The department may issue a license under this article to
32-16 an applicant under this section if the applicant is honorably
32-17 retired and physically and emotionally fit to possess a handgun.
32-18 In this subsection, "honorably retired" means the applicant:
32-19 (1) did not retire in lieu of any disciplinary action;
32-20 (2) was employed as a full-time peace officer for not
32-21 less than 10 years by one agency; and
32-22 (3) is entitled to receive a pension or annuity for
32-23 service as a law enforcement officer.
32-24 (d) An applicant under this section shall pay a fee of $25
32-25 for a license issued under this article.
32-26 (e) A retired peace officer who obtains a license under this
32-27 article must maintain, for the category of weapon licensed, the
33-1 proficiency required for a peace officer under Section 415.035,
33-2 Government Code. The department or a local law enforcement agency
33-3 shall allow a retired peace officer of the department or agency an
33-4 opportunity to annually demonstrate the required proficiency. The
33-5 proficiency shall be reported to the department on application and
33-6 renewal.
33-7 (f) A license issued under this section expires as provided
33-8 by Section 9 of this article.
33-9 Sec. 28. LAW ENFORCEMENT OFFICER ALIAS HANDGUN LICENSE. (a)
33-10 On written approval of the director, the department may issue to a
33-11 law enforcement officer an alias license to carry a concealed
33-12 handgun to be used in supervised activities involving criminal
33-13 investigations.
33-14 (b) It is a defense to prosecution under Section 46.035,
33-15 Penal Code, that the actor, at the time of the commission of the
33-16 offense, was the holder of an alias license issued under this
33-17 section.
33-18 Sec. 29. APPLICATION TO LICENSED SECURITY OFFICERS. This
33-19 article does not exempt a license holder who is also employed as a
33-20 security officer and licensed under the Private Investigators and
33-21 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
33-22 Civil Statutes) from the duty to comply with that Act or Section
33-23 46.02, Penal Code.
33-24 Sec. 30. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A
33-25 business that has a permit or license issued under the Alcoholic
33-26 Beverage Code for the sale and service of alcoholic beverages for
33-27 on-premises consumption shall prominently display at appropriate
34-1 locations on the business premises a sign that complies with the
34-2 requirements of Subsection (b) of this section.
34-3 (b) The sign required under this section must give notice in
34-4 both English and Spanish that it is unlawful to carry a concealed
34-5 handgun on the premises. The sign must appear in contrasting
34-6 colors with block letters at least one inch in height and shall be
34-7 displayed in a conspicuous manner clearly visible to the public.
34-8 Sec. 31. RIGHTS OF EMPLOYERS. This article does not prevent
34-9 or otherwise limit the right of a public or private employer to
34-10 prohibit persons who are licensed under this article from carrying
34-11 a concealed handgun on the premises of the business.
34-12 SECTION 2. Subsection (b), Section 46.02, Penal Code, is
34-13 amended to read as follows:
34-14 (b) It is a defense to prosecution under this section that
34-15 the actor was, at the time of the commission of the offense:
34-16 (1) in the actual discharge of his official duties as
34-17 a member of the armed forces or state military forces as defined by
34-18 Section 431.001, Government Code, or as a guard employed by a penal
34-19 institution;
34-20 (2) on his own premises or premises under his control
34-21 unless he is an employee or agent of the owner of the premises and
34-22 his primary responsibility is to act in the capacity of a security
34-23 guard to protect persons or property, in which event he must comply
34-24 with Subdivision (5);
34-25 (3) traveling;
34-26 (4) engaging in lawful hunting, fishing, or other
34-27 sporting activity on the immediate premises where the activity is
35-1 conducted, or was directly en route between the premises and the
35-2 actor's residence, if the weapon is a type commonly used in the
35-3 activity;
35-4 (5) a person who holds a security officer commission
35-5 issued by the Texas Board of Private Investigators and Private
35-6 Security Agencies, if:
35-7 (A) he is engaged in the performance of his
35-8 duties as a security officer or traveling to and from his place of
35-9 assignment;
35-10 (B) he is wearing a distinctive uniform; and
35-11 (C) the weapon is in plain view; <or>
35-12 (6) a peace officer, other than a person commissioned
35-13 by the Texas State Board of Pharmacy; or
35-14 (7) carrying a concealed handgun and a valid license
35-15 issued under Article 4413(29ee), Revised Statutes, to carry a
35-16 concealed handgun of the same category as the handgun the person is
35-17 carrying.
35-18 SECTION 3. Subsection (f), Section 46.03, Penal Code, is
35-19 amended to read as follows:
35-20 (f) It is not a defense to prosecution under this section
35-21 that the actor possessed a handgun and was licensed to carry a
35-22 concealed handgun under Article 4413(29ee), Revised Statutes.
35-23 (g) An offense under this section is a third degree felony.
35-24 SECTION 4. Chapter 46, Penal Code, is amended by adding
35-25 Sections 46.034 and 46.035 to read as follows:
35-26 Sec. 46.034. FALSE INFORMATION ON LICENSE TO CARRY HANDGUN.
35-27 (a) A person commits an offense if the person provides false
36-1 information on an application for a license to carry a concealed
36-2 handgun under Article 4413(29ee), Revised Statutes.
36-3 (b) An offense under this section is a Class A misdemeanor.
36-4 Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
36-5 (a) A license holder commits an offense if the license holder
36-6 carries a handgun on or about the license holder's person under the
36-7 authority of Article 4413(29ee), Revised Statutes, and
36-8 intentionally fails to conceal the handgun.
36-9 (b) A license holder commits an offense if the license
36-10 holder intentionally, knowingly, or recklessly carries a handgun
36-11 under the authority of Article 4413(29ee), Revised Statutes,
36-12 regardless of whether the handgun is concealed, on or about the
36-13 license holder's person:
36-14 (1) on the premises of a business that has a permit or
36-15 license issued under the Alcoholic Beverage Code for the sale or
36-16 service of alcoholic beverages for on-premises consumption, if the
36-17 business derives 51 percent or more of its income from the sale of
36-18 alcoholic beverages for on-premises consumption;
36-19 (2) within a portion of the premises of a business
36-20 that has a permit or license issued under the Alcoholic Beverage
36-21 Code for the sale or service of alcoholic beverages for on-premises
36-22 consumption, if that portion of the premises is used primarily for
36-23 the sale, distribution, and service of alcoholic beverages or if
36-24 the provision of food or another service in that portion of the
36-25 premises is incidental to the sale, distribution, and service of
36-26 alcoholic beverages;
36-27 (3) on the premises where a high school, collegiate,
37-1 or professional sporting event or interscholastic event is taking
37-2 place, unless the license holder is a participant in the event and
37-3 a handgun is used in the event;
37-4 (4) on the premises of a correctional facility; or
37-5 (5) on the premises of a hospital licensed under
37-6 Chapter 241, Health and Safety Code, unless the license holder has
37-7 written authorization of the hospital administration.
37-8 (c) A license holder commits an offense if the license
37-9 holder intentionally, knowingly, or recklessly carries a handgun
37-10 under the authority of Article 4413(29ee), Revised Statutes,
37-11 regardless of whether the handgun is concealed, at any meeting of a
37-12 governmental entity.
37-13 (d) A license holder commits an offense if, while
37-14 intoxicated, the license holder carries a handgun under the
37-15 authority of Article 4413(29ee), Revised Statutes, regardless of
37-16 whether the handgun is concealed.
37-17 (e) A license holder who is licensed as a security officer
37-18 under the Private Investigators and Private Security Agencies Act
37-19 (Article 4413(29bb), Vernon's Texas Civil Statutes) and employed as
37-20 a security officer commits an offense if, while in the course and
37-21 scope of the security officer's employment, the security officer
37-22 violates a provision of Article 4413(29ee), Revised Statutes.
37-23 (f) In this section:
37-24 (1) "License holder" means a person licensed to carry
37-25 a handgun under Article 4413(29ee), Revised Statutes.
37-26 (2) "Premises" means a building or a portion of a
37-27 building. The term does not include any public or private
38-1 driveway, street, sidewalk or walkway, parking lot, parking garage,
38-2 or other parking area.
38-3 (g) An offense under Subsection (a), (b), (c), (d), or (e)
38-4 is a Class A misdemeanor, unless the offense is committed under
38-5 Subsection (b)(1) or (b)(4), in which event the offense is a felony
38-6 of the third degree.
38-7 (h) It is a defense to prosecution under Subsection (a) that
38-8 the actor, at the time of the commission of the offense, displayed
38-9 the handgun under circumstances in which the actor would have been
38-10 justified in the use of deadly force under Chapter 9.
38-11 SECTION 5. Section 51.16, Family Code, is amended by adding
38-12 Subsection (m) to read as follows:
38-13 (m) On request of the Department of Public Safety, a
38-14 juvenile court shall reopen and allow the department to inspect the
38-15 files and records of the juvenile court relating to an applicant
38-16 for a license to carry a concealed handgun under Article
38-17 4413(29ee), Revised Statutes.
38-18 SECTION 6. (a) This Act takes effect September 1, 1995,
38-19 except that a license issued under this Act before January 1, 1996,
38-20 is not effective until January 1, 1996. A license issued before
38-21 January 1, 1996, shall be clearly marked to reflect the date on
38-22 which it becomes effective, and the director of the Department of
38-23 Public Safety shall inform each recipient of a license before that
38-24 date that the license is not effective until that date.
38-25 (b) Notwithstanding Subsection (a), Section 9, Article
38-26 4413(29ee), Revised Statutes, as added by this Act, the Department
38-27 of Public Safety by rule may adopt a system to implement staggered
39-1 and evenly distributed license expiration dates over the four-year
39-2 period beginning January 1, 1996. The department may not issue a
39-3 license that is effective for less than two years. A license that
39-4 is effective for less than four years and is renewed expires as
39-5 provided by Subsection (b), Section 9, Article 4413(29ee), Revised
39-6 Statutes, as added by this Act. Notwithstanding Subdivision (6),
39-7 Subsection (a), Section 3, Article 4413(29ee), Revised Statutes, as
39-8 added by this Act, the department by rule shall prorate the
39-9 nonrefundable application and license fee for applicants who
39-10 receive licenses that are effective for less than four years under
39-11 this subsection.
39-12 SECTION 7. An offense committed before January 1, 1996, is
39-13 covered by the law in effect when the offense is committed, and the
39-14 former law is continued in effect for this purpose.
39-15 SECTION 8. The importance of this legislation and the
39-16 crowded condition of the calendars in both houses create an
39-17 emergency and an imperative public necessity that the
39-18 constitutional rule requiring bills to be read on three several
39-19 days in each house be suspended, and this rule is hereby suspended.