By Patterson                                            S.B. No. 60
       74R2023 PEP-D
                                 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 revolver or semi-automatic action.
   1-12              (2)  "Chemically dependent person" means a person who
   1-13  frequently or repeatedly becomes intoxicated by excessive
   1-14  indulgence in alcohol or uses controlled substances or dangerous
   1-15  drugs so as to acquire a fixed habit and an involuntary tendency to
   1-16  become intoxicated or use those substances as often as the
   1-17  opportunity is presented.
   1-18              (3)  "Concealed handgun" means a handgun, the presence
   1-19  of which is not openly discernible to the ordinary observation of a
   1-20  reasonable person.
   1-21              (4)  "Convicted" means an adjudication of guilt or an
   1-22  order of deferred adjudication entered against a person by a court
   1-23  of competent jurisdiction whether or not:
   1-24                    (A)  the imposition of the sentence is
    2-1  subsequently probated and the person is discharged from community
    2-2  supervision; or
    2-3                    (B)  the person is pardoned for the offense,
    2-4  unless the pardon is expressly granted for subsequent proof of
    2-5  innocence.
    2-6              (5)  "Department" means the Department of Public
    2-7  Safety, including employees of the department.
    2-8              (6)  "Director" means the director of the Department of
    2-9  Public Safety or the director's designee.
   2-10              (7)  "Handgun" has the meaning assigned by Section
   2-11  46.01, Penal Code.
   2-12              (8)  "Intoxicated" has the meaning assigned by Section
   2-13  49.01, Penal Code.
   2-14              (9)  "Qualified handgun instructor" means a person who
   2-15  is certified to instruct in the use of handguns by the department.
   2-16              (10)  "Unsound mind" means the mental condition of a
   2-17  person who:
   2-18                    (A)  has been adjudicated mentally incompetent,
   2-19  mentally ill, or not guilty of a criminal offense by reason of
   2-20  insanity; or
   2-21                    (B)  has been diagnosed by a licensed physician
   2-22  as being characterized by a mental disorder or infirmity that
   2-23  renders the person incapable of managing the person's self or the
   2-24  person's affairs, unless the person furnishes a certificate from a
   2-25  licensed physician stating that the person is no longer disabled.
   2-26        Sec. 2.  ELIGIBILITY.  (a)  A person is eligible for a
   2-27  license to carry a concealed handgun if the person:
    3-1              (1)  is a resident of this state for the six-month
    3-2  period preceding the date of application under this article;
    3-3              (2)  is at least 21 years of age;
    3-4              (3)  has not been convicted of a felony;
    3-5              (4)  is not charged with the commission of a Class A or
    3-6  Class B misdemeanor or of a felony under an information or
    3-7  indictment;
    3-8              (5)  is not a fugitive from justice for a felony or a
    3-9  Class A or Class B misdemeanor;
   3-10              (6)  is not a chemically dependent person;
   3-11              (7)  is not a person of unsound mind; and
   3-12              (8)  has not, in the five years preceding the date of
   3-13  application, been convicted of a Class A or Class B misdemeanor.
   3-14        (b)  For the purposes of this section, an offense under the
   3-15  laws of this state, another state, or the United States is:
   3-16              (1)  a felony if the offense is so designated by law or
   3-17  if confinement for one year or more in a penitentiary is affixed to
   3-18  the offense as a possible punishment; and
   3-19              (2)  a Class A misdemeanor if the offense is not a
   3-20  felony and confinement in a jail other than a state jail felony
   3-21  facility is affixed as a possible punishment.
   3-22        Sec. 3.  APPLICATION.  (a)  An applicant for a license to
   3-23  carry a concealed handgun must submit to the director's designee
   3-24  described by Section 4 of this article:
   3-25              (1)  a completed application on a form provided by the
   3-26  department that requires only the information listed in Subsection
   3-27  (b) of this section;
    4-1              (2)  two recent color passport photographs of the
    4-2  applicant;
    4-3              (3)  a certified copy of the applicant's birth
    4-4  certificate or certified proof of age;
    4-5              (4)  proof of residency in this state;
    4-6              (5)  two complete sets of legible and classifiable
    4-7  fingerprints of the applicant taken by a law enforcement agency on
    4-8  a form approved by the department;
    4-9              (6)  a nonrefundable application and license fee of
   4-10  $140 paid to the department;
   4-11              (7)  a handgun proficiency certificate described by
   4-12  Section 16 of this article;
   4-13              (8)  an affidavit signed by the applicant stating that
   4-14  the applicant:
   4-15                    (A)  has read and understands each provision of
   4-16  this article that creates an offense under the laws of this state
   4-17  and each provision of the laws of this state related to use of
   4-18  deadly force; and
   4-19                    (B)  fulfills all the eligibility requirements
   4-20  listed under Section 2 of this article; and
   4-21              (9)  a form executed by the applicant that waives
   4-22  confidentiality provided by the Freedom of Information Act (5
   4-23  U.S.C. Section 552), the Right of Privacy Act (5 U.S.C. Section
   4-24  552a), or other law and authorizes any law enforcement agency or
   4-25  the director's designee to make an inquiry into any records,
   4-26  including medical records, and records regarding the mental health
   4-27  of the applicant that are considered necessary by the director's
    5-1  designee to determine the applicant's eligibility for a license.
    5-2        (b)  An applicant must provide on the application a statement
    5-3  of the applicant's:
    5-4              (1)  full name and place and date of birth;
    5-5              (2)  race and sex;
    5-6              (3)  residence and business addresses for the preceding
    5-7  five years;
    5-8              (4)  hair and eye color;
    5-9              (5)  height and weight;
   5-10              (6)  driver's license number or identification
   5-11  certificate number issued by the department;
   5-12              (7)  criminal history, including a list of offenses for
   5-13  which the applicant was arrested, charged, or under an information
   5-14  or indictment and the disposition of the offenses; and
   5-15              (8)  history during the preceding five years, if any,
   5-16  of commitment to or residence in a drug or alcohol treatment center
   5-17  licensed to provide drug or alcohol treatment under the laws of
   5-18  this state or another state.
   5-19        (c)  The department shall distribute on request a copy of
   5-20  this article and application materials.
   5-21        Sec. 4.  RECEIPT OF APPLICATION MATERIALS.  (a)  A person
   5-22  applying for a license to carry a concealed handgun must apply in
   5-23  person and display a driver's license or identification certificate
   5-24  issued by the department to the director's designee in the county
   5-25  in which the applicant resides.
   5-26        (b)  The director's designee may not accept an application
   5-27  unless all items listed in Section 3(a) of this article are
    6-1  submitted.  The director's designee shall accept an application
    6-2  that contains all necessary information and supporting documents.
    6-3  If all required items are submitted, the director's designee shall
    6-4  give the applicant a receipt for the completed application
    6-5  materials endorsed with the date of submission.
    6-6        (c)  Not later than the 30th day after the date the
    6-7  director's designee receives the completed application materials,
    6-8  the director's designee shall forward the materials to the
    6-9  appropriate division of the department at the department's Austin
   6-10  headquarters.
   6-11        (d)  The director's designee shall conduct a criminal history
   6-12  records check of the applicant and an investigation of the
   6-13  applicant's local official records to verify the accuracy of the
   6-14  application materials.  The scope and duration of the records check
   6-15  and investigation are at the sole discretion of the department.
   6-16  The director's designee shall submit the results to the appropriate
   6-17  division of the department at the department's Austin headquarters
   6-18  with the application  materials.  The director's designee also may
   6-19  submit to the appropriate division of the department at the
   6-20  department's Austin headquarters a written recommendation for
   6-21  disapproval of the application, accompanied by an affidavit stating
   6-22  personal knowledge or naming persons with personal knowledge of a
   6-23  ground for denial under Section 2 of this article.
   6-24        Sec. 5.  LICENSE.  (a)  The department may issue a license to
   6-25  carry a concealed handgun to an applicant if the applicant meets
   6-26  all the eligibility requirements and submits all the application
   6-27  materials.  The department may issue a license to carry handguns
    7-1  only of the calibers and actions indicated on the applicant's
    7-2  certificate of proficiency issued under Section 16 of this article.
    7-3  The department shall administer the licensing procedures in good
    7-4  faith so that any applicant who meets all the eligibility
    7-5  requirements and submits all the application materials shall
    7-6  receive a license.  The department may not deny an application on
    7-7  the basis of a capricious or arbitrary decision by the department.
    7-8        (b)  The department, not later than the 90th day after the
    7-9  date of the receipt by the director's designee of the completed
   7-10  application materials, shall:
   7-11              (1)  issue the license; or
   7-12              (2)  notify the applicant in writing that the
   7-13  application was denied:
   7-14                    (A)  on the grounds that the applicant failed to
   7-15  qualify under the criteria listed in Section 2 of this article;
   7-16                    (B)  based on the affidavit of the director's
   7-17  designee submitted to the department under Section 4(d) of this
   7-18  article; or
   7-19                    (C)  based on the affidavit of the qualified
   7-20  handgun instructor submitted to the department under Section 16(c)
   7-21  of this article.
   7-22        (c)  If the department issues a license, the department shall
   7-23  notify the sheriff of the county in which the license holder
   7-24  resides that a license has been issued to the license holder.  On
   7-25  request of a local law enforcement agency, the department shall
   7-26  notify the agency of the licenses that have been issued to license
   7-27  holders who reside in the county in which the agency is located.
    8-1        (d)  A license issued under this article is effective from
    8-2  the date of issuance.
    8-3        (e)  The department, by rule, shall adopt the form of the
    8-4  license.  A license must include:
    8-5              (1)  a number assigned to the license holder by the
    8-6  department;
    8-7              (2)  a statement of the period for which the license is
    8-8  effective;
    8-9              (3)  a statement of the category or categories of
   8-10  handguns the license holder may carry as provided by Subsection (f)
   8-11  of this section;
   8-12              (4)  a color photograph of the license holder; and
   8-13              (5)  the license holder's full name, date of birth,
   8-14  residence address, hair and eye color, height, weight, signature,
   8-15  and the number of a driver's license or an identification
   8-16  certificate issued to the license holder by the department.
   8-17        (f)  A category of handguns contains handguns of certain
   8-18  calibers and actions.  The categories of handguns are as follows:
   8-19              (1)  SA1:  semi-automatic handguns that are 9mm caliber
   8-20  or larger;
   8-21              (2)  SA2:  semi-automatic handguns that are smaller
   8-22  than 9mm caliber;
   8-23              (3)  R1:  revolvers that are .38 caliber or larger; and
   8-24              (4)  R2:  revolvers that are smaller than .38 caliber.
   8-25        (g)  On a demand by a magistrate, an officer of a court of
   8-26  competent jurisdiction, or a peace officer that a license holder
   8-27  display the license holder's handgun license, the license holder
    9-1  shall display both the license and the license holder's driver's
    9-2  license or identification certificate issued by the department.
    9-3        (h)  If a license holder is carrying a handgun on or about
    9-4  the license holder's person when a magistrate, an officer of a
    9-5  court of competent jurisdiction, or a peace officer demands that
    9-6  the license holder display identification, the license holder shall
    9-7  display both the license holder's driver's license or
    9-8  identification certificate issued by the department and the license
    9-9  holder's handgun license.
   9-10        (i)  A person commits an offense if the person fails or
   9-11  refuses to display the license and identification as required by
   9-12  Subsection (g) or (h) of this section.  An offense under this
   9-13  subsection is a Class C misdemeanor.
   9-14        Sec. 6.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
   9-15  LICENSE.  (a)  Not later than the 30th day after the date of
   9-16  receipt of a written notice of denial, revocation, or suspension of
   9-17  a license, the applicant or license holder may petition a justice
   9-18  court in the county in which the applicant or license holder
   9-19  resides for a hearing to review the denial, revocation, or
   9-20  suspension.  In a proceeding under this section, a justice of the
   9-21  peace shall act as an administrative hearing officer.  A hearing
   9-22  under this section is not subject to Chapter 2001, Government Code.
   9-23  The department may be represented by a district or county attorney,
   9-24  the attorney general, or a designated member of the department.
   9-25        (b)  The justice of the peace shall send a copy of the
   9-26  petition to the appropriate division of the department at its
   9-27  Austin headquarters by certified mail with notice of a hearing
   10-1  date.  The hearing must be held not later than the 30th day after
   10-2  the petition was filed.  The hearing may not be held unless the
   10-3  department receives the notice of the hearing not later than the
   10-4  10th day before the date of the hearing.
   10-5        (c)  The justice court shall determine if the denial,
   10-6  revocation, or suspension is supported by a preponderance of the
   10-7  evidence.  Both the applicant or license holder and the department
   10-8  may present evidence.  The court shall affirm the denial,
   10-9  revocation, or suspension if the court determines that denial,
  10-10  revocation, or suspension was supported by a preponderance of the
  10-11  evidence.  If the court determines that the denial, revocation, or
  10-12  suspension was not supported by a preponderance of the evidence,
  10-13  the court shall order the department to immediately issue or return
  10-14  the license to the applicant or license holder.
  10-15        (d)  A proceeding under this section is subject to Chapter
  10-16  105, Civil Practice and Remedies Code, relating to fees, expenses,
  10-17  and attorney's fees.
  10-18        (e)  A party adversely affected by the court's ruling
  10-19  following a hearing under this section may appeal the ruling by
  10-20  filing within 30 days after the ruling a petition in a county court
  10-21  at law in the county in which the applicant or license holder
  10-22  resides or, if there is no county court at law in the county, in
  10-23  the county court of the county.  A person who appeals under this
  10-24  section must send by certified mail a copy of the person's
  10-25  petition, certified by the clerk of the court in which the petition
  10-26  is filed, to the appropriate division of the department at its
  10-27  Austin headquarters.  The trial on appeal shall be a trial de novo
   11-1  without a jury.  The department may be represented by a district or
   11-2  county attorney or the attorney general.
   11-3        (f)  A suspension of a license may not be probated.
   11-4        (g)  If an applicant or a license holder does not petition
   11-5  the justice court, a denial becomes final and a revocation or
   11-6  suspension takes effect on the 30th day after receipt of written
   11-7  notice.
   11-8        Sec. 7.  NOTICE OF CHANGE OF ADDRESS OR NAME.  (a)  If a
   11-9  person, after applying for or receiving a license, moves from the
  11-10  address stated in the application or on the license or if the name
  11-11  of the person is changed by marriage or otherwise, the person
  11-12  shall, not later than the 30th day after the date of the address or
  11-13  name change, notify the department and provide the department with
  11-14  the number of the person's license if a license has been issued and
  11-15  the person's:
  11-16              (1)  former and new addresses; or
  11-17              (2)  former and new names.
  11-18        (b)  If the name of the license holder is changed by marriage
  11-19  or otherwise, the person shall apply for a duplicate license.
  11-20        (c)  If a license holder moved from the address on the
  11-21  license, the person shall apply for a duplicate license.
  11-22        (d)  The department shall charge a license holder a fee of
  11-23  $25 for a duplicate license.
  11-24        (e)  The department shall make the forms available on
  11-25  request.
  11-26        (f)  The department shall notify the sheriff of the county in
  11-27  which a license holder resides of a change made under Subsection
   12-1  (a) of this section by the license holder.  On request of a local
   12-2  law enforcement agency, the department shall notify the agency of
   12-3  changes made under Subsection (a) of this section by license
   12-4  holders who reside in the county in which the agency is located.
   12-5        (g)  If a license is lost, stolen, or destroyed, the license
   12-6  holder shall apply for a duplicate license not later than the 30th
   12-7  day after the date of the loss, theft, or destruction of the
   12-8  license.
   12-9        (h)  If a license holder is required under this section to
  12-10  apply for a duplicate license and the license expires not later
  12-11  than the 60th day after the date of the loss, theft, or destruction
  12-12  of the license, the applicant may renew the license with the
  12-13  modified information included on the new license.  The applicant
  12-14  shall pay only the nonrefundable renewal fee.
  12-15        Sec. 8.  EXPIRATION.  (a)  A license issued under this
  12-16  article expires on the first birthday of the license holder
  12-17  occurring after the fourth anniversary of the date of issuance.
  12-18        (b)  A renewed license expires on the license holder's
  12-19  birthdate, four years after the date of the expiration of the
  12-20  previous license.
  12-21        (c)  A duplicate license expires on the date the license that
  12-22  was duplicated would have expired.
  12-23        (d)  A modified license expires on the date the license that
  12-24  was modified would have expired.
  12-25        Sec. 9.  MODIFICATION.  (a)  To modify a license to allow a
  12-26  license holder to carry a handgun of a different caliber or action
  12-27  than the license indicates, the license holder must:
   13-1              (1)  complete a proficiency examination as provided by
   13-2  Section 15(d) of this article;
   13-3              (2)  obtain a handgun proficiency certificate under
   13-4  Section 16 of this article not more than six months before the date
   13-5  of application for a modified license; and
   13-6              (3)  submit to the department:
   13-7                    (A)  an application for a modified license on a
   13-8  form provided by the department;
   13-9                    (B)  a copy of the handgun proficiency
  13-10  certificate;
  13-11                    (C)  payment of a modified license fee of $25;
  13-12  and
  13-13                    (D)  two recent color passport photographs of the
  13-14  license holder.
  13-15        (b)  The director by rule shall adopt a modified license
  13-16  application form requiring an update of the information on the
  13-17  original completed application.
  13-18        (c)  The department may modify the license of a license
  13-19  holder who meets all the eligibility requirements and submits all
  13-20  the modification materials.  Not later than the 45th day after
  13-21  receipt of the modification materials, the department shall issue
  13-22  the modified license or notify the license holder in writing that
  13-23  the modified license application was denied.
  13-24        (d)  On receipt of a modified license, the license holder
  13-25  shall return the previously issued license to the department.
  13-26        Sec. 10.  RENEWAL.  (a)  To renew a license, a license holder
  13-27  must:
   14-1              (1)  complete a continuing education course for handgun
   14-2  proficiency under Section 15(c) of this article not more than six
   14-3  months before the date of application for renewal;
   14-4              (2)  obtain a handgun proficiency certificate under
   14-5  Section 16 of this article not more than six months before the date
   14-6  of application for renewal; and
   14-7              (3)  submit to the department:
   14-8                    (A)  an application for renewal on a form
   14-9  provided by the department;
  14-10                    (B)  a copy of the handgun proficiency
  14-11  certificate;
  14-12                    (C)  payment of a nonrefundable renewal fee as
  14-13  set by the department; and
  14-14                    (D)  two recent color passport photographs of the
  14-15  applicant.
  14-16        (b)  The director by rule shall adopt a renewal application
  14-17  form requiring an update of the information on the original
  14-18  completed application.  The director by rule shall set the renewal
  14-19  fee in an amount that is sufficient to cover the actual cost to the
  14-20  department to renew a license.  Not later than the 60th day before
  14-21  the expiration date of the license, the department shall mail to
  14-22  each license holder a written notice of the expiration of the
  14-23  license and a renewal form.
  14-24        (c)  The department may renew the license of a license holder
  14-25  who meets all the eligibility requirements and submits all the
  14-26  renewal materials.  Not later than the 45th day after receipt of
  14-27  the renewal materials, the department shall issue the renewal or
   15-1  notify the license holder in writing that the renewal application
   15-2  was denied.
   15-3        Sec. 11.  REVOCATION.  (a)  A license may be revoked under
   15-4  this section if the license holder:
   15-5              (1)  was not entitled to the license at the time it was
   15-6  issued;
   15-7              (2)  gave false information on the application;
   15-8              (3)  subsequently becomes ineligible for a license
   15-9  under Section 2 of this article; or
  15-10              (4)  is convicted of an offense under Section 13 of
  15-11  this article.
  15-12        (b)  If a peace officer believes a reason listed in
  15-13  Subsection (a) of this section to revoke a license exists, the
  15-14  peace officer shall prepare an affidavit on a form provided by the
  15-15  department stating the reason for the revocation of the license and
  15-16  giving the department all of the information available to the peace
  15-17  officer at the time of the preparation of the form.  The officer
  15-18  shall attach the officer's reports relating to the license holder
  15-19  to the form and send the form and attachments to the appropriate
  15-20  division of the department at its Austin headquarters not later
  15-21  than the fifth working day after the date the form is prepared.
  15-22  The officer shall send a copy of the form without the attachments
  15-23  to the license holder.  If the license holder has not surrendered
  15-24  the license or the license was seized as evidence, the license
  15-25  holder shall surrender the license to the appropriate division of
  15-26  the department not later than the 30th day after the date the
  15-27  license holder receives the notice of revocation from the
   16-1  department, unless the license holder petitions a justice court to
   16-2  review the revocation.  The license holder may petition a justice
   16-3  court to review the revocation as provided by Section 6 of this
   16-4  article.  If the license holder petitions the justice court for a
   16-5  hearing, the license holder shall surrender the license on the date
   16-6  an order of revocation has been entered.
   16-7        (c)  A license holder whose license has been revoked for a
   16-8  reason listed in this section may reapply as a new applicant for
   16-9  the issuance of a license under this article after the second
  16-10  anniversary of the date of the revocation if the cause for
  16-11  revocation does not exist on the date of the second anniversary.
  16-12  If the cause of revocation exists on the date of the second
  16-13  anniversary after the date of revocation, the license holder may
  16-14  not apply for a new license until the cause for the revocation no
  16-15  longer exists and has not existed for a period of two years.
  16-16        Sec. 12.  SUSPENSION OF LICENSE.  (a)  A license may be
  16-17  suspended under this section if the license holder:
  16-18              (1)  is convicted of disorderly conduct punishable as a
  16-19  Class C misdemeanor under Section 42.01, Penal Code;
  16-20              (2)  fails to display a license required by Section 5
  16-21  of this article;
  16-22              (3)  fails to notify the department of a change of
  16-23  address or name as required by Section 7 of this article;
  16-24              (4)  carries a concealed handgun under the authority of
  16-25  this article of a different caliber or action than the license
  16-26  holder is licensed to carry;
  16-27              (5)  has been charged by indictment with the commission
   17-1  of an offense that would make the license holder ineligible for a
   17-2  license on conviction;
   17-3              (6)  has been charged by information with the
   17-4  commission of an offense that would make the license holder
   17-5  ineligible for a license upon conviction, if there is evidence to
   17-6  show probable cause to believe that the license holder committed
   17-7  the offense; or
   17-8              (7)  fails to return a previously issued license after
   17-9  a license is modified as required by Section 9(d) of this article.
  17-10        (b)  If any peace officer believes a reason listed in
  17-11  Subsection (a) of this section to suspend a license exists, the
  17-12  officer shall prepare an affidavit on a form provided by the
  17-13  department stating the reason for the suspension of the license and
  17-14  giving the department all of the information available to the
  17-15  officer at the time of the preparation of the form.  The officer
  17-16  shall attach the officer's reports relating to the license holder
  17-17  to the form and send the form and the attachments to the
  17-18  appropriate division of the department at its Austin headquarters
  17-19  not later than the fifth working day after the date the form is
  17-20  prepared.  The officer shall send a copy of the form without the
  17-21  attachments to the license holder.  If the license holder has not
  17-22  surrendered the license or the license was seized as evidence, the
  17-23  license holder shall surrender the license to the appropriate
  17-24  division of the department not later than the 30th day after the
  17-25  date the license holder receives the notice of suspension from the
  17-26  department unless the license holder petitions a justice court to
  17-27  review the suspension.  The license holder may petition a justice
   18-1  court to review the suspension as provided by Section 6 of this
   18-2  article.  If the license holder petitions the justice court for a
   18-3  hearing, the license holder shall surrender the license on the date
   18-4  an order of suspension is entered.
   18-5        (c)  A license may be suspended under this section for not
   18-6  less than 30 days and not more than two years.
   18-7        Sec. 13.  OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
   18-8  (a)  A license holder commits an offense if the license holder
   18-9  knowingly carries a handgun on or about his person under the
  18-10  authority of this article and fails to conceal the handgun.  An
  18-11  offense under this subsection is a Class A misdemeanor.
  18-12        (b)  A license holder commits an offense if the license
  18-13  holder recklessly carries a handgun on or about his person under
  18-14  the authority of this article and fails to conceal the handgun.  An
  18-15  offense under this subsection is a Class C misdemeanor.
  18-16        (c)  A license holder commits an offense if the license
  18-17  holder intentionally, knowingly, or recklessly carries a handgun
  18-18  under the authority of this article, regardless of whether the
  18-19  handgun is concealed, on or about the license holder's person:
  18-20              (1)  on the premises of a school or an educational
  18-21  institution, whether public or private, unless the license holder
  18-22  has written authorization of the institution;
  18-23              (2)  on the premises of a polling place on the date of
  18-24  an election or while early voting is in progress;
  18-25              (3)  in any government court or offices used by a
  18-26  court, unless in accordance with written regulations or written
  18-27  authorization of the court;
   19-1              (4)  on the premises of a business that has a permit or
   19-2  license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
   19-3  Code, if the business derives 51 percent or more of its income from
   19-4  the sale of alcoholic beverages for on-premises consumption;
   19-5              (5)  on the premises of a racetrack;
   19-6              (6)  in the secured passenger area of any airport;
   19-7              (7)  on a premises where a high school, collegiate, or
   19-8  professional sporting event or interscholastic event is taking
   19-9  place, unless the license holder is a participant in a sporting
  19-10  event in which a handgun is used; or
  19-11              (8)  in any other building used by or principally
  19-12  occupied by a governmental entity.
  19-13        (d)  An offense under Subsection (c) of this section is a
  19-14  Class B misdemeanor, unless the offense is committed under
  19-15  Subsection (c)(4) of this section, in which event the offense is a
  19-16  felony of the third degree.
  19-17        (e)  A license holder commits an offense if the license
  19-18  holder intentionally, knowingly, or recklessly carries a handgun
  19-19  under the authority of this article, regardless of whether the
  19-20  handgun is concealed, at any meeting of the governing body of a
  19-21  county, municipality, or special district or at any meeting of the
  19-22  state legislature.  An offense under this subsection is a Class A
  19-23  misdemeanor.
  19-24        (f)  A license holder commits an offense if the license
  19-25  holder recklessly carries a handgun under the authority of this
  19-26  article, regardless of whether the handgun is concealed, while
  19-27  intoxicated.  An offense under this subsection is a Class A
   20-1  misdemeanor.
   20-2        (g)  Sections 32.21 and 37.10, Penal Code, are applicable to
   20-3  conduct under this article.
   20-4        (h)  A license holder under this article who is licensed as a
   20-5  security officer under the Private Investigators and Private
   20-6  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   20-7  Statutes)  and employed as a security officer commits an offense
   20-8  if, while in the course and scope of the security officer's
   20-9  employment, the security officer violates a provision of this
  20-10  article.  An offense under this subsection is a Class A
  20-11  misdemeanor.
  20-12        (i)  Any judgment of conviction entered by any court under
  20-13  this section shall contain the handgun license number of the
  20-14  convicted license holder.  A certified copy of the judgment is
  20-15  conclusive and sufficient evidence to justify revocation of a
  20-16  license under Section 11(a)(4) of this article.
  20-17        Sec. 14.  LIMITATION OF LIABILITY.  (a)  A court may not hold
  20-18  the state, an agency or subdivision of the state, an officer or
  20-19  employee of the state, a peace officer, or a qualified handgun
  20-20  instructor liable for damages caused by:
  20-21              (1)  an action authorized under this article or failure
  20-22  to perform a duty imposed by this article; or
  20-23              (2)  the actions of an applicant or license holder that
  20-24  occur after the applicant has received a license or been denied a
  20-25  license under this article.
  20-26        (b)  A cause of action in damages may not be brought against
  20-27  the state, an agency or subdivision of the state, an officer or
   21-1  employee of the state, a peace officer, or a qualified handgun
   21-2  instructor for any damage caused by the actions of an applicant or
   21-3  licensee under this article.
   21-4        (c)  The department is not responsible for any injury or
   21-5  damage inflicted on any person by an applicant or license holder
   21-6  arising or alleged to have arisen from an action taken by the
   21-7  department under this article.
   21-8        Sec. 15.  HANDGUN PROFICIENCY REQUIREMENT.  (a)  The director
   21-9  shall by rule establish minimum standards for handgun proficiency
  21-10  and shall develop a course to teach handgun proficiency and
  21-11  examinations to measure handgun proficiency.  The course to teach
  21-12  handgun proficiency must contain training sessions divided into two
  21-13  parts.  One part of the course must be classroom instruction and
  21-14  the other part must be range instruction and an actual
  21-15  demonstration by the applicant of the applicant's ability to safely
  21-16  and proficiently use the handgun for which the applicant seeks
  21-17  certification.  The department shall distribute the standards,
  21-18  course requirements, and examinations on request to any qualified
  21-19  handgun instructor.
  21-20        (b)  A handgun proficiency course must be administered by a
  21-21  qualified handgun instructor and must include at least 15 hours of
  21-22  instruction on:
  21-23              (1)  the laws that relate to weapons and to the use of
  21-24  deadly force;
  21-25              (2)  handgun use, proficiency, and safety;
  21-26              (3)  dispute resolution; and
  21-27              (4)  proper storage practices for handguns with an
   22-1  emphasis on storage practices that eliminate the possibility of
   22-2  accidental injury to a child.
   22-3        (c)  The department shall by rule develop a continuing
   22-4  education course in handgun proficiency for a license holder who
   22-5  wishes to renew a license.  The continuing education course shall
   22-6  be administered by a qualified handgun instructor and must include
   22-7  at least four hours of instruction on the subjects listed in
   22-8  Subsection (b) of this section.
   22-9        (d)  The proficiency examination to obtain or to renew a
  22-10  license must be administered by a qualified handgun instructor and
  22-11  must include:
  22-12              (1)  a written section on the subjects listed in
  22-13  Subsection (b) of this section; and
  22-14              (2)  a physical demonstration of proficiency in the use
  22-15  of one or more handguns of specific calibers and actions and in
  22-16  handgun safety procedures.
  22-17        (e)  The proficiency examination to modify a license must be
  22-18  administered by a qualified handgun instructor and must include a
  22-19  physical demonstration of the proficiency in the use of one or more
  22-20  handguns of specific calibers and actions and in handgun safety
  22-21  procedures.
  22-22        (f)  The department shall develop and distribute directions
  22-23  and materials for course instruction, test administration, and
  22-24  recordkeeping.  All test results shall be sent to the department,
  22-25  and the department shall maintain a record of the results.
  22-26        (g)  A person who wishes to obtain or renew a license to
  22-27  carry a concealed handgun shall apply in person to a qualified
   23-1  handgun instructor to take the appropriate course in handgun
   23-2  proficiency, demonstrate handgun proficiency, and obtain a handgun
   23-3  proficiency certificate as described by Section 16 of this article.
   23-4        (h)  A license holder who wishes to modify a license to allow
   23-5  the license holder to carry a handgun of a different caliber or
   23-6  action than the license indicates shall apply in person to a
   23-7  qualified handgun instructor to take the appropriate proficiency
   23-8  examination and obtain a handgun proficiency certificate as
   23-9  described by Section 16 of this article.
  23-10        (i)  A certified firearms instructor of the department may
  23-11  monitor any class or training presented by a qualified handgun
  23-12  instructor.  A qualified handgun instructor shall cooperate with
  23-13  the department in the department's efforts to monitor the
  23-14  presentation of training by the qualified handgun instructor.  A
  23-15  qualified handgun instructor shall make available for inspection to
  23-16  the department any and all records maintained by a qualified
  23-17  handgun instructor under this article.  The qualified handgun
  23-18  instructor shall keep a record of all certificates of handgun
  23-19  proficiency issued by the qualified handgun instructor and other
  23-20  information required by the department by rule.
  23-21        Sec. 16.  HANDGUN PROFICIENCY CERTIFICATE.  (a)  The
  23-22  department shall develop a sequentially numbered handgun
  23-23  proficiency certificate and distribute the certificate to qualified
  23-24  handgun instructors who administer the handgun proficiency
  23-25  examination described in Section 15 of this article.  The
  23-26  department by rule may set a fee in an amount sufficient to cover
  23-27  the costs of the certificates.
   24-1        (b)  If a person successfully completes the proficiency
   24-2  requirements as described in Section 15 of this article, the
   24-3  instructor shall endorse a certificate of handgun proficiency
   24-4  provided by the department.  An applicant must successfully
   24-5  complete both classroom and range instruction to receive a
   24-6  certificate.  The certificate must indicate the caliber and action
   24-7  of any handgun for which the applicant demonstrated proficiency
   24-8  during the examination.
   24-9        (c)  A qualified handgun instructor may submit to the
  24-10  department a written recommendation for disapproval of the
  24-11  application for a license, renewal, or modification of a license,
  24-12  accompanied by an affidavit stating personal knowledge or naming
  24-13  persons with personal knowledge of facts that lead the instructor
  24-14  to believe that an applicant is not qualified for handgun
  24-15  proficiency certification despite the applicant's completion of the
  24-16  proficiency requirements as described by Section 15 of this
  24-17  article.
  24-18        Sec. 17.  QUALIFIED HANDGUN INSTRUCTORS.  (a)  The director
  24-19  by rule shall establish requirements for the certification of a
  24-20  qualified handgun instructor.  The department by rule may waive a
  24-21  proficiency demonstration requirement for certification under this
  24-22  section for a peace officer or a person who is employed by an
  24-23  educational institution and who instructs peace officers in the use
  24-24  of handguns.
  24-25        (b)  A qualified handgun instructor must be qualified to
  24-26  instruct persons in:
  24-27              (1)  the laws that relate to weapons and to the use of
   25-1  deadly force;
   25-2              (2)  handgun use, proficiency, and safety;
   25-3              (3)  dispute resolution; and
   25-4              (4)  proper storage practices for handguns, including
   25-5  storage practices that eliminate the possibility of accidental
   25-6  injury to a child.
   25-7        (c)  A qualified handgun instructor must possess a license
   25-8  issued under this article to carry a concealed handgun.
   25-9        (d)  The department shall provide training to an individual
  25-10  who applies for certification as a qualified handgun instructor.
  25-11  An applicant shall pay a fee of $100 to the department for the
  25-12  training.  An applicant must take and successfully complete the
  25-13  training offered by the department, pay the training fee, and
  25-14  obtain a license to carry a concealed handgun before the department
  25-15  may certify the applicant as a qualified handgun instructor.  The
  25-16  department shall waive the requirements regarding a handgun
  25-17  proficiency certification under Section 16 of this article for an
  25-18  applicant for a license to carry a concealed handgun who takes and
  25-19  successfully completes training under this subsection and pays the
  25-20  training fee.  The department by rule may prorate or waive the
  25-21  training fee for an employee of another governmental entity.
  25-22        (e)  The certification of a qualified handgun instructor
  25-23  expires on the first anniversary after the date of certification.
  25-24  To renew a certification, the qualified handgun instructor must pay
  25-25  a fee of $100 and take and successfully complete the retraining
  25-26  courses required by rule of the department.
  25-27        (f)  After certification, a qualified handgun instructor may
   26-1  conduct training for applicants for a license under this article.
   26-2        (g)  If the department revokes, suspends, or denies a license
   26-3  to carry a concealed handgun of a qualified handgun instructor or
   26-4  an applicant for certification as a qualified handgun instructor,
   26-5  the department shall take the same action against the certification
   26-6  as a qualified handgun instructor.
   26-7        Sec. 18.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
   26-8  CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR.  The procedures for
   26-9  the review of a denial, revocation, or suspension of a license
  26-10  under Section 6 of this article apply to the review of a denial,
  26-11  revocation, or suspension of certification as a qualified handgun
  26-12  instructor.  The notice provisions of this article relating to
  26-13  denial, revocation, or suspension of handgun licenses apply to the
  26-14  proposed denial, revocation, or suspension of a certification of a
  26-15  qualified handgun instructor or applicant therefor.
  26-16        Sec. 19.  CONFIDENTIALITY OF RECORDS.  The department may
  26-17  disclose whether or not an individual is licensed under this
  26-18  article.  All other records maintained under this article are
  26-19  confidential and are not subject to mandatory disclosure under the
  26-20  open records law, Chapter 552, Government Code.
  26-21        Sec. 20.  RULES.  The director shall adopt rules to
  26-22  administer this article.
  26-23        Sec. 21.  FUNDS.  The department shall forward the fees
  26-24  collected under this article to the comptroller of public accounts.
  26-25  The comptroller shall deposit the fees to the credit of an account
  26-26  in the general revenue fund to be known as the concealed handgun
  26-27  license account.  The legislature may appropriate funds from the
   27-1  account only for the purpose of paying the costs of the department
   27-2  in implementing this article.  At the end of each fiscal year, the
   27-3  comptroller shall transfer the excess funds in the account to the
   27-4  general revenue fund.
   27-5        Sec. 22.  APPLICATION TO PEACE OFFICERS.  Except as provided
   27-6  by Section 26 of this article, the provisions of this article
   27-7  relating to the carrying of concealed weapons do not apply to a
   27-8  peace officer, unless the peace officer applies to be certified as
   27-9  a qualified handgun instructor.
  27-10        Sec. 23.  NOTICE.  (a)  For the purpose of a notice required
  27-11  by this article, the department may assume that the address
  27-12  currently reported to the department by the applicant or license
  27-13  holder is the correct address.
  27-14        (b)  A written notice meets the requirements under this
  27-15  article if the notice is sent by certified mail to the current
  27-16  address reported by the applicant or license holder to the
  27-17  department.
  27-18        (c)  If a notice is returned to the department because the
  27-19  notice is not deliverable, the department may give notice by
  27-20  publication once in a newspaper of general interest in the county
  27-21  of the applicant's or license holder's last reported address.  On
  27-22  the 31st day after the date the notice is published, the department
  27-23  may take the action proposed in the notice.
  27-24        Sec. 24.  METHOD OF PAYMENT.  A person may pay a fee required
  27-25  by this article only by cashier's check, money order made payable
  27-26  to the "Texas Department of Public Safety," or any other method
  27-27  approved by the department.  A fee received by the department under
   28-1  this article is nonrefundable.
   28-2        Sec. 25.  LICENSE A BENEFIT.  The issuance of a license under
   28-3  this article is a benefit to the license holder for purposes of
   28-4  those sections of the Penal Code to which the definition of
   28-5  "benefit" under Section 1.07, Penal Code, apply.
   28-6        Sec. 26.  HONORABLY RETIRED PEACE OFFICERS.  (a)  A person
   28-7  who is licensed as a peace officer under Chapter 415, Government
   28-8  Code, and who has been employed full-time as a peace officer by a
   28-9  law enforcement agency may apply for a license under the article on
  28-10  retirement.  The application must be made not later than the 90th
  28-11  day after the date of retirement.
  28-12        (b)  The person shall submit two complete sets of legible and
  28-13  classifiable fingerprints and a sworn statement from the head of
  28-14  the law enforcement agency employing the applicant.  The statement
  28-15  shall include:
  28-16              (1)  the name and rank of the applicant;
  28-17              (2)  the status of the applicant before retirement;
  28-18              (3)  whether or not the applicant was accused of
  28-19  misconduct at the time of the retirement;
  28-20              (4)  the physical and mental condition of the
  28-21  applicant;
  28-22              (5)  the type of weapons the applicant had demonstrated
  28-23  proficiency with during the last year of employment;
  28-24              (6)  whether the applicant would be eligible for
  28-25  reemployment with the agency, and if not, the reasons the applicant
  28-26  is not eligible; and
  28-27              (7)  a recommendation from the agency head regarding
   29-1  the issuance of a license under this article.
   29-2        (c)  The department may issue a license under this article to
   29-3  an applicant under this section if the applicant is honorably
   29-4  retired and physically and emotionally fit to possess a handgun.
   29-5  In this subsection, "honorably retired" means the applicant:
   29-6              (1)  did not retire in lieu of any disciplinary action;
   29-7              (2)  was employed as a full-time peace officer for not
   29-8  less than 10 years by one agency; and
   29-9              (3)  is entitled to receive a pension or annuity for
  29-10  service as a law enforcement officer.
  29-11        (d)  An applicant under this section shall pay a fee of $25
  29-12  for a license issued under this article.
  29-13        (e)  A retired peace officer who obtains a license under this
  29-14  article must maintain proficiency for the type of caliber and
  29-15  action of weapon licensed as required for a peace officer under
  29-16  Section 415.035, Government Code.  The proficiency shall be
  29-17  reported to the department on application and renewal.
  29-18        Sec. 27.  APPLICATION TO LICENSED SECURITY OFFICERS.  This
  29-19  article does not exempt a license holder who is also employed as a
  29-20  security officer and licensed under the Private Investigators and
  29-21  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
  29-22  Civil Statutes) from the duty to comply with the provisions of that
  29-23  Act or Section 46.02, Penal Code.
  29-24        SECTION 2.  Section 46.02(b), Penal Code, is amended to read
  29-25  as follows:
  29-26        (b)  It is a defense to prosecution under this section that
  29-27  the actor was, at the time of the commission of the offense:
   30-1              (1)  in the actual discharge of his official duties as
   30-2  a member of the armed forces or state military forces as defined by
   30-3  Section 431.001, Government Code, or as a guard employed by a penal
   30-4  institution;
   30-5              (2)  on his own premises or premises under his control
   30-6  unless he is an employee or agent of the owner of the premises and
   30-7  his primary responsibility is to act in the capacity of a security
   30-8  guard to protect persons or property, in which event he must comply
   30-9  with Subdivision (5);
  30-10              (3)  traveling;
  30-11              (4)  engaging in lawful hunting, fishing, or other
  30-12  sporting activity on the immediate premises where the activity is
  30-13  conducted, or was directly en route between the premises and the
  30-14  actor's residence, if the weapon is a type commonly used in the
  30-15  activity;
  30-16              (5)  a person who holds a security officer commission
  30-17  issued by the Texas Board of Private Investigators and Private
  30-18  Security Agencies, if:
  30-19                    (A)  he is engaged in the performance of his
  30-20  duties as a security officer or traveling to and from his place of
  30-21  assignment;
  30-22                    (B)  he is wearing a distinctive uniform; and
  30-23                    (C)  the weapon is in plain view; <or>
  30-24              (6)  a peace officer, other than a person commissioned
  30-25  by the Texas State Board of Pharmacy; or
  30-26              (7)  carrying a concealed handgun and a valid license
  30-27  issued under Article 4413(29ee), Revised Statutes,  to carry a
   31-1  concealed handgun of the same caliber and action as the handgun the
   31-2  person is carrying.
   31-3        SECTION 3.  (a)  This Act takes effect September 1, 1995,
   31-4  except that a license issued under this Act before January 1, 1996,
   31-5  is not effective until January 1, 1996.  A license issued before
   31-6  January 1, 1996, shall be clearly marked to reflect the date on
   31-7  which it becomes effective, and the director of the Department of
   31-8  Public Safety shall inform each recipient of a license before that
   31-9  date that the license is not effective until that date.
  31-10        (b)  Notwithstanding Section 8(a), Article 4413(29ee),
  31-11  Revised Statutes, as added by this Act, the Department of Public
  31-12  Safety by rule may adopt a system to implement staggered and evenly
  31-13  distributed license expiration dates over the four-year period
  31-14  beginning January 1, 1996.  The department may not issue a license
  31-15  that is effective for less than two years.  A license that is
  31-16  effective for less than four years and is renewed expires as
  31-17  provided by Section 8(b), Article 4413(29ee), Revised Statutes, as
  31-18  added by this Act.  Notwithstanding Section 3(a)(6), Article
  31-19  4413(29ee), Revised Statutes, as added by this Act, the department
  31-20  by rule shall prorate the nonrefundable application and license fee
  31-21  for applicants who receive licenses that are effective for less
  31-22  than four years under this subsection.
  31-23        SECTION 4.  An offense committed before January 1, 1996, is
  31-24  covered by the law in effect when the offense is committed, and the
  31-25  former law is continued in effect for this purpose.
  31-26        SECTION 5.  The importance of this legislation and the
  31-27  crowded condition of the calendars in both houses create an
   32-1  emergency and an imperative public necessity that the
   32-2  constitutional rule requiring bills to be read on three several
   32-3  days in each house be suspended, and this rule is hereby suspended.