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.