1-1        By:  Patterson, et al.                            S.B. No. 60
    1-2        (In the Senate - Filed November 15, 1994; January 11, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 1, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 1; March 1, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 60                  By:  Whitmire
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the issuance of a license to carry a concealed handgun;
   1-11  requiring of an applicant for the license a handgun proficiency and
   1-12  safety training course and a criminal background check; providing
   1-13  penalties.
   1-14        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-15        SECTION 1.  Title 70, Revised Statutes, is amended by adding
   1-16  Article 4413(29ee) to read as follows:
   1-17        Art. 4413(29ee).  LICENSE TO CARRY A CONCEALED HANDGUN
   1-18        Sec. 1.  DEFINITIONS.  In this article:
   1-19              (1)  "Action" means single action, revolver, or
   1-20  semi-automatic action.
   1-21              (2)  "Chemically dependent person" means a person who
   1-22  frequently or repeatedly becomes intoxicated by excessive
   1-23  indulgence in alcohol or uses controlled substances or dangerous
   1-24  drugs so as to acquire a fixed habit and an involuntary tendency to
   1-25  become intoxicated or use those substances as often as the
   1-26  opportunity is presented.
   1-27              (3)  "Concealed handgun" means a handgun, the presence
   1-28  of which is not openly discernible to the ordinary observation of a
   1-29  reasonable person.
   1-30              (4)  "Convicted" means an adjudication of guilt or an
   1-31  order of deferred adjudication entered against a person by a court
   1-32  of competent jurisdiction whether or not:
   1-33                    (A)  the imposition of the sentence is
   1-34  subsequently probated and the person is discharged from community
   1-35  supervision; or
   1-36                    (B)  the person is pardoned for the offense,
   1-37  unless the pardon is expressly granted for subsequent proof of
   1-38  innocence.
   1-39              (5)  "Department" means the Department of Public
   1-40  Safety, including employees of the department.
   1-41              (6)  "Director" means the director of the Department of
   1-42  Public Safety or the director's designee.
   1-43              (7)  "Handgun" has the meaning assigned by Section
   1-44  46.01, Penal Code.
   1-45              (8)  "Intoxicated" has the meaning assigned by Section
   1-46  49.01, Penal Code.
   1-47              (9)  "Qualified handgun instructor" means a person who
   1-48  is certified to instruct in the use of handguns by the department.
   1-49              (10)  "Unsound mind" means the mental condition of a
   1-50  person who:
   1-51                    (A)  has been adjudicated mentally incompetent,
   1-52  mentally ill, or not guilty of a criminal offense by reason of
   1-53  insanity; or
   1-54                    (B)  has been diagnosed by a licensed physician
   1-55  as being characterized by a mental disorder or infirmity that
   1-56  renders the person incapable of managing the person's self or the
   1-57  person's affairs, unless the person furnishes a certificate from a
   1-58  licensed physician stating that the person is no longer disabled.
   1-59        Sec. 2.  ELIGIBILITY.  (a)  A person is eligible for a
   1-60  license to carry a concealed handgun if the person:
   1-61              (1)  is a legal resident of this state for the
   1-62  six-month period preceding the date of application under this
   1-63  article;
   1-64              (2)  is at least 21 years of age;
   1-65              (3)  has not been convicted of a felony;
   1-66              (4)  is not charged with the commission of a Class A or
   1-67  Class B misdemeanor or an offense under Section 42.01, Penal Code,
   1-68  or of a felony under an information or indictment;
    2-1              (5)  is not a fugitive from justice for a felony or a
    2-2  Class A or Class B misdemeanor;
    2-3              (6)  is not a chemically dependent person;
    2-4              (7)  is not a person of unsound mind;
    2-5              (8)  has not, in the five years preceding the date of
    2-6  application, been convicted of a Class A or Class B misdemeanor or
    2-7  an offense under Section 42.01, Penal Code;
    2-8              (9)  is not an illegal alien;
    2-9              (10)  is fully qualified under applicable federal and
   2-10  state law to purchase a handgun;
   2-11              (11)  has not been finally determined to be delinquent
   2-12  in making a child support payment administered or collected by the
   2-13  attorney general;
   2-14              (12)  has not been finally determined to be delinquent
   2-15  in the payment of a tax or other money collected by the
   2-16  comptroller, state treasurer, or Texas Alcoholic Beverage
   2-17  Commission;
   2-18              (13)  has not been finally determined to be in default
   2-19  on a loan made under Chapter 57, Education Code; and
   2-20              (14)  is not currently restricted under a court
   2-21  protective order.
   2-22        (b)  For the purposes of this section, an offense under the
   2-23  laws of this state, another state, or the United States is:
   2-24              (1)  a felony if the offense is so designated by law or
   2-25  if confinement for one year or more in a penitentiary is affixed to
   2-26  the offense as a possible punishment; and
   2-27              (2)  a Class A misdemeanor if the offense is not a
   2-28  felony and confinement in a jail other than a state jail felony
   2-29  facility is affixed as a possible punishment.
   2-30        (c)  An individual who has been convicted two times of an
   2-31  offense of the grade of Class B misdemeanor or greater that
   2-32  involved alcohol shall be deemed to be a person who is chemically
   2-33  dependent and is not qualified to receive a license under this
   2-34  article.  Nothing in this subsection shall preclude the
   2-35  disqualification of an individual for being a chemically dependent
   2-36  person if other evidence exists that the person is a chemically
   2-37  dependent person.
   2-38        Sec. 3.  APPLICATION.  (a)  An applicant for a license to
   2-39  carry a concealed handgun must submit to the director's designee
   2-40  described by Section 4 of this article:
   2-41              (1)  a completed application on a form provided by the
   2-42  department that requires only the information listed in Subsection
   2-43  (b) of this section;
   2-44              (2)  two recent color passport photographs of the
   2-45  applicant;
   2-46              (3)  a certified copy of the applicant's birth
   2-47  certificate or certified proof of age;
   2-48              (4)  proof of residency in this state;
   2-49              (5)  two complete sets of legible and classifiable
   2-50  fingerprints of the applicant taken by a law enforcement agency on
   2-51  a form approved by the department;
   2-52              (6)  a nonrefundable application and license fee of
   2-53  $140 paid to the department;
   2-54              (7)  a handgun proficiency certificate described by
   2-55  Section 16 of this article;
   2-56              (8)  an affidavit signed by the applicant stating that
   2-57  the applicant:
   2-58                    (A)  has read and understands each provision of
   2-59  this article that creates an offense under the laws of this state
   2-60  and each provision of the laws of this state related to use of
   2-61  deadly force; and
   2-62                    (B)  fulfills all the eligibility requirements
   2-63  listed under Section 2 of this article; and
   2-64              (9)  a form executed by the applicant that waives
   2-65  confidentiality provided by the Freedom of Information Act (5
   2-66  U.S.C. Section 552), the Privacy Act of 1974 (5 U.S.C. Section
   2-67  552a), or other law and authorizes any law enforcement agency or
   2-68  the director's designee to make an inquiry into any records,
   2-69  including medical records, and records regarding the mental health
   2-70  of the applicant that are considered necessary by the director's
    3-1  designee to determine the applicant's eligibility for a license.
    3-2        (b)  An applicant must provide on the application a statement
    3-3  of the applicant's:
    3-4              (1)  full name and place and date of birth;
    3-5              (2)  race and sex;
    3-6              (3)  residence and business addresses for the preceding
    3-7  five years;
    3-8              (4)  hair and eye color;
    3-9              (5)  height and weight;
   3-10              (6)  driver's license number or identification
   3-11  certificate number issued by the department;
   3-12              (7)  criminal history record information of the type
   3-13  maintained by the department under Chapter 411, Government Code,
   3-14  including a list of offenses for which the applicant was arrested,
   3-15  charged, or under an information or indictment and the disposition
   3-16  of the offenses; and
   3-17              (8)  history during the preceding five years, if any,
   3-18  of commitment to or residence in a drug or alcohol treatment center
   3-19  licensed to provide drug or alcohol treatment under the laws of
   3-20  this state or another state.
   3-21        (c)  The department shall distribute on request a copy of
   3-22  this article and application materials.
   3-23        Sec. 4.  REQUEST FOR APPLICATION MATERIALS.  (a)  A person
   3-24  applying for a license to carry a concealed handgun must apply by
   3-25  obtaining from a handgun dealer or the department a request for
   3-26  application materials.  This request for application materials
   3-27  shall include the applicant's full name, address, race, sex,
   3-28  height, date of birth, and driver's license number and such other
   3-29  identifying information as may be required by the department by
   3-30  rule.  This request shall be in a form prescribed by the department
   3-31  and made available to interested parties by the department.  An
   3-32  individual who desires to receive application materials shall
   3-33  complete the request for application materials and forward it to
   3-34  the department at its Austin address.  The department shall review
   3-35  all such requests for application materials and make a preliminary
   3-36  determination as to whether or not the individual is qualified to
   3-37  receive a handgun license.  If an individual is not disqualified to
   3-38  receive a handgun license, the department shall forward to the
   3-39  individual the appropriate application materials as described in
   3-40  this article.  The applicant shall complete the application
   3-41  materials and forward the completed materials to the department at
   3-42  its Austin address.
   3-43        (b)  In the event that a preliminary review indicates that an
   3-44  individual will not be qualified to receive a handgun license, the
   3-45  department shall send written notification to that individual.  The
   3-46  notice shall provide the reason that the preliminary review
   3-47  indicates that the individual is not entitled to receive a handgun
   3-48  license.  The individual shall be given an opportunity to correct
   3-49  whatever defect may exist.
   3-50        Sec. 5.  LICENSE.  (a)  The department shall issue a license
   3-51  to carry a concealed handgun to an applicant if the applicant meets
   3-52  all the eligibility requirements and submits all the application
   3-53  materials.  The department may issue a license to carry handguns
   3-54  only of the categories indicated on the applicant's certificate of
   3-55  proficiency issued under Section 16 of this article.  The
   3-56  department shall administer the licensing procedures in good faith
   3-57  so that any applicant who meets all the eligibility requirements
   3-58  and submits all the application materials shall receive a license.
   3-59  The department may not deny an application on the basis of a
   3-60  capricious or arbitrary decision by the department.
   3-61        (b)(1)  After January 1, 1997, the department, not later than
   3-62  the 60th day after the date of the receipt by the director's
   3-63  designee of the completed application materials, shall:
   3-64                    (A)  issue the license; or
   3-65                    (B)  notify the applicant in writing that the
   3-66  application was denied:
   3-67                          (i)  on the grounds that the applicant
   3-68  failed to qualify under the criteria listed in Section 2 of this
   3-69  article;
   3-70                          (ii)  based on the affidavit of the
    4-1  director's designee submitted to the department under Section 6(d)
    4-2  of this article; or
    4-3                          (iii)  based on the affidavit of the
    4-4  qualified handgun instructor submitted to the department under
    4-5  Section 16(c) of this article.
    4-6              (2)  Between the effective date of this article and
    4-7  December 31, 1996, the department shall perform the duties set out
    4-8  in this subsection not later than the 90th day after the date of
    4-9  the receipt by the director's designee of the completed application
   4-10  materials.
   4-11        (c)  If the department issues a license, the department shall
   4-12  notify the sheriff of the county in which the license holder
   4-13  resides that a license has been issued to the license holder.  On
   4-14  request of a local law enforcement agency, the department shall
   4-15  notify the agency of the licenses that have been issued to license
   4-16  holders who reside in the county in which the agency is located.
   4-17        (d)  A license issued under this article is effective from
   4-18  the date of issuance.
   4-19        (e)  The department by rule shall adopt the form of the
   4-20  license.  A license must include:
   4-21              (1)  a number assigned to the license holder by the
   4-22  department;
   4-23              (2)  a statement of the period for which the license is
   4-24  effective;
   4-25              (3)  a statement of the category or categories of
   4-26  handguns the license holder may carry as provided by Subsection (f)
   4-27  of this section;
   4-28              (4)  a color photograph of the license holder; and
   4-29              (5)  the license holder's full name, date of birth,
   4-30  residence address, hair and eye color, height, weight, signature,
   4-31  and the number of a driver's license or an identification
   4-32  certificate issued to the license holder by the department.
   4-33        (f)  A category of handguns contains handguns of certain
   4-34  actions.  The categories of handguns are as follows:
   4-35              (1)  SA:  semi-automatic handguns that are not
   4-36  prohibited by law; and
   4-37              (2)  NSA:  handguns that are not semi-automatic and
   4-38  that are not prohibited by law.
   4-39        (g)  On a demand by a magistrate or a peace officer that a
   4-40  license holder display the license holder's handgun license, the
   4-41  license holder shall display both the license and the license
   4-42  holder's driver's license or identification certificate issued by
   4-43  the department.
   4-44        (h)  If a license holder is carrying a handgun on or about
   4-45  the license holder's person when a magistrate or a peace officer
   4-46  demands that the license holder display identification, the license
   4-47  holder shall display both the license holder's driver's license or
   4-48  identification certificate issued by the department and the license
   4-49  holder's handgun license.
   4-50        (i)  A person commits an offense if the person fails or
   4-51  refuses to display the license and identification as required by
   4-52  Subsection (g) or (h) of this section.  An offense under this
   4-53  subsection is a Class B misdemeanor.
   4-54        Sec. 6.  NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF
   4-55  LICENSE; REVIEW.  (a)  The department shall give written notice to
   4-56  each applicant for a handgun license of any denial, revocation, or
   4-57  suspension of that license.  Not later than the 30th day after the
   4-58  notice is received by the applicant, according to the records of
   4-59  the department, the applicant or license holder may request a
   4-60  hearing on the denial, revocation, or suspension.  The applicant
   4-61  must make a written request for a hearing addressed to the
   4-62  department at its Austin address.  The request for hearing must
   4-63  reach the department in Austin prior to the 30th day after the date
   4-64  of receipt of the written notice.  On receipt of a request for
   4-65  hearing from a licensee or applicant, the department shall promptly
   4-66  schedule a hearing in the appropriate justice court in the county
   4-67  of residence of the applicant or license holder.  The justice court
   4-68  shall conduct a hearing to review the denial, revocation, or
   4-69  suspension of the license.  In a proceeding under this section, a
   4-70  justice of the peace shall act as an administrative hearing
    5-1  officer.  A hearing under this section is not subject to Chapter
    5-2  2001, Government Code (Administrative Procedure Act).  The
    5-3  department may be represented by a district attorney or county
    5-4  attorney, the attorney general, or a designated member of the
    5-5  department.
    5-6        (b)  The department, on receipt of a request for hearing,
    5-7  shall file the appropriate petition in the justice court selected
    5-8  for the hearing and send a copy of that petition to the applicant
    5-9  or license holder at the address contained in departmental records.
   5-10  A hearing under this section must be scheduled within 30 days of
   5-11  receipt of the request for a hearing.  The hearing shall be held
   5-12  expeditiously but in no event more than 60 days after the date that
   5-13  the applicant or license holder requested the hearing.  The date of
   5-14  the hearing may be reset on the motion of either party, by
   5-15  agreement of the parties, or by the court as necessary to
   5-16  accommodate the court's docket.
   5-17        (c)  On receipt of the application materials by the
   5-18  department at its Austin headquarters, the department will conduct
   5-19  the appropriate criminal history record check of the applicant
   5-20  through its computerized criminal history system.  Within 30 days
   5-21  of receipt of the application materials, they will be forwarded to
   5-22  the director's designee in the geographical area of the applicant's
   5-23  residence to conduct the investigation detailed in Subsection (d)
   5-24  of this section.
   5-25        (d)  The director's designee in the appropriate geographical
   5-26  area shall, as needed, conduct an additional criminal history
   5-27  record check of the applicant and an investigation of the
   5-28  applicant's local official records to verify the accuracy of the
   5-29  application materials.  The scope of the record check and the
   5-30  investigation are at the sole discretion of the department.  On
   5-31  completion of the investigation, the director's designee shall
   5-32  return all materials and the result of the investigation to the
   5-33  appropriate division of the department at its Austin headquarters.
   5-34  The director's designee may submit to the appropriate division of
   5-35  the department, at the department's Austin headquarters, along with
   5-36  the application materials a written recommendation for disapproval
   5-37  of the application, accompanied by an affidavit stating personal
   5-38  knowledge or naming persons with personal knowledge of a ground for
   5-39  denial under Section 2 of this article.  The director's designee in
   5-40  the appropriate geographical area may also submit the application
   5-41  and the recommendation that the license be issued.
   5-42        (e)  The justice court shall determine if the denial,
   5-43  revocation, or suspension is supported by a preponderance of the
   5-44  evidence.  Both the applicant or license holder and the department
   5-45  may present evidence.  The court shall affirm the denial,
   5-46  revocation, or suspension if the court determines that denial,
   5-47  revocation, or suspension was supported by a preponderance of the
   5-48  evidence.  If the court determines that the denial, revocation, or
   5-49  suspension was not supported by a preponderance of the evidence,
   5-50  the court shall order the department to immediately issue or return
   5-51  the license to the applicant or license holder.
   5-52        (f)  A proceeding under this section is subject to Chapter
   5-53  105, Civil Practice and Remedies Code, relating to fees, expenses,
   5-54  and attorney's fees.
   5-55        (g)  A party adversely affected by the court's ruling
   5-56  following a hearing under this section may appeal the ruling by
   5-57  filing within 30 days after the ruling a petition in a county court
   5-58  at law in the county in which the applicant or license holder
   5-59  resides or, if there is no county court at law in the county, in
   5-60  the county court of the county.  A person who appeals under this
   5-61  section must send by certified mail a copy of the person's
   5-62  petition, certified by the clerk of the court in which the petition
   5-63  is filed, to the appropriate division of the department at its
   5-64  Austin headquarters.  The trial on appeal shall be a trial de novo
   5-65  without a jury.  The department may be represented by a district or
   5-66  county attorney or the attorney general.
   5-67        (h)  A suspension of a license may not be probated.
   5-68        (i)  If an applicant or a license holder does not petition
   5-69  the justice court, a denial becomes final and a revocation or
   5-70  suspension takes effect on the 30th day after receipt of written
    6-1  notice.  Failure of the director to issue or deny a license as
    6-2  required under Section 5(b) of this article for a period of more
    6-3  than 30 days after he is required to act under that section
    6-4  constitutes denial.
    6-5        (j)  The department is specifically authorized to utilize and
    6-6  to introduce into evidence certified copies of governmental records
    6-7  to establish the existence of certain events which could result in
    6-8  the denial, revocation, or suspension of a license under this
    6-9  article, including but not limited to records regarding
   6-10  convictions, judicial findings regarding mental competency,
   6-11  judicial findings regarding chemical dependency, or other matters
   6-12  that may be established by governmental records which have been
   6-13  properly authenticated.
   6-14        Sec. 7.  NOTICE OF CHANGE OF ADDRESS OR NAME.  (a)  If a
   6-15  person, after applying for or receiving a license, moves from the
   6-16  address stated in the application or on the license or if the name
   6-17  of the person is changed by marriage or otherwise, the person
   6-18  shall, not later than the 30th day after the date of the address or
   6-19  name change, notify the department and provide the department with
   6-20  the number of the person's license if a license has been issued and
   6-21  the person's:
   6-22              (1)  former and new addresses; or
   6-23              (2)  former and new names.
   6-24        (b)  If the name of the license holder is changed by marriage
   6-25  or otherwise, the person shall apply for a duplicate license.
   6-26        (c)  If a license holder moved from the address on the
   6-27  license, the person shall apply for a duplicate license.
   6-28        (d)  The department shall charge a license holder a fee of
   6-29  $25 for a duplicate license.
   6-30        (e)  The department shall make the forms available on
   6-31  request.
   6-32        (f)  The department shall notify the sheriff of the county in
   6-33  which a license holder resides of a change made under Subsection
   6-34  (a) of this section by the license holder.  On request of a local
   6-35  law enforcement agency, the department shall notify the agency of
   6-36  changes made under Subsection (a) of this section by license
   6-37  holders who reside in the county in which the agency is located.
   6-38        (g)  If a license is lost, stolen, or destroyed, the license
   6-39  holder shall apply for a duplicate license not later than the 30th
   6-40  day after the date of the loss, theft, or destruction of the
   6-41  license.
   6-42        (h)  If a license holder is required under this section to
   6-43  apply for a duplicate license and the license expires not later
   6-44  than the 60th day after the date of the loss, theft, or destruction
   6-45  of the license, the applicant may renew the license with the
   6-46  modified information included on the new license.  The applicant
   6-47  shall pay only the nonrefundable renewal fee.
   6-48        Sec. 8.  EXPIRATION.  (a)  A license issued under this
   6-49  article expires on the first birthday of the license holder
   6-50  occurring after the fourth anniversary of the date of issuance.
   6-51        (b)  A renewed license expires on the license holder's
   6-52  birthdate, four years after the date of the expiration of the
   6-53  previous license.
   6-54        (c)  A duplicate license expires on the date the license that
   6-55  was duplicated would have expired.
   6-56        (d)  A modified license expires on the date the license that
   6-57  was modified would have expired.
   6-58        Sec. 9.  MODIFICATION.  (a)  To modify a license to allow a
   6-59  license holder to carry a handgun of a different category than the
   6-60  license indicates, the license holder must:
   6-61              (1)  complete a proficiency examination as provided by
   6-62  Section 15(d) of this article;
   6-63              (2)  obtain a handgun proficiency certificate under
   6-64  Section 16 of this article not more than six months before the date
   6-65  of application for a modified license; and
   6-66              (3)  submit to the department:
   6-67                    (A)  an application for a modified license on a
   6-68  form provided by the department;
   6-69                    (B)  a copy of the handgun proficiency
   6-70  certificate;
    7-1                    (C)  payment of a modified license fee of $25;
    7-2  and
    7-3                    (D)  two recent color passport photographs of the
    7-4  license holder.
    7-5        (b)  The director by rule shall adopt a modified license
    7-6  application form requiring an update of the information on the
    7-7  original completed application.
    7-8        (c)  The department may modify the license of a license
    7-9  holder who meets all the eligibility requirements and submits all
   7-10  the modification materials.  Not later than the 45th day after
   7-11  receipt of the modification materials, the department shall issue
   7-12  the modified license or notify the license holder in writing that
   7-13  the modified license application was denied.
   7-14        (d)  On receipt of a modified license, the license holder
   7-15  shall return the previously issued license to the department.
   7-16        Sec. 10.  RENEWAL.  (a)  To renew a license, a license holder
   7-17  must:
   7-18              (1)  complete a continuing education course in handgun
   7-19  proficiency under Section 15(c) of this article not more than six
   7-20  months before the date of application for renewal;
   7-21              (2)  obtain a handgun proficiency certificate under
   7-22  Section 16 of this article not more than six months before the date
   7-23  of application for renewal; and
   7-24              (3)  submit to the department:
   7-25                    (A)  an application for renewal on a form
   7-26  provided by the department;
   7-27                    (B)  a copy of the handgun proficiency
   7-28  certificate;
   7-29                    (C)  payment of a nonrefundable renewal fee as
   7-30  set by the department; and
   7-31                    (D)  two recent color passport photographs of the
   7-32  applicant.
   7-33        (b)  The director by rule shall adopt a renewal application
   7-34  form requiring an update of the information on the original
   7-35  completed application.  The director by rule shall set the renewal
   7-36  fee in an amount that is sufficient to cover the actual cost to the
   7-37  department to renew a license.  Not later than the 60th day before
   7-38  the expiration date of the license, the department shall mail to
   7-39  each license holder a written notice of the expiration of the
   7-40  license and a renewal form.
   7-41        (c)  The department shall renew the license of a license
   7-42  holder who meets all the eligibility requirements and submits all
   7-43  the renewal materials.  Not later than the 45th day after receipt
   7-44  of the renewal materials, the department shall issue the renewal or
   7-45  notify the license holder in writing that the renewal application
   7-46  was denied.
   7-47        Sec. 11.  REVOCATION.  (a)  A license may be revoked under
   7-48  this section if the license holder:
   7-49              (1)  was not entitled to the license at the time it was
   7-50  issued;
   7-51              (2)  gave false information on the application;
   7-52              (3)  subsequently becomes ineligible for a license
   7-53  under Section 2 of this article; or
   7-54              (4)  is convicted of an offense under Section 13 of
   7-55  this article.
   7-56        (b)  If a peace officer believes a reason listed in
   7-57  Subsection (a) of this section to revoke a license exists, the
   7-58  peace officer shall prepare an affidavit on a form provided by the
   7-59  department stating the reason for the revocation of the license and
   7-60  giving the department all of the information available to the peace
   7-61  officer at the time of the preparation of the form.  The officer
   7-62  shall attach the officer's reports relating to the license holder
   7-63  to the form and send the form and attachments to the appropriate
   7-64  division of the department at its Austin headquarters not later
   7-65  than the fifth working day after the date the form is prepared.
   7-66  The officer shall send a copy of the form without the attachments
   7-67  to the license holder.  If the license holder has not surrendered
   7-68  the license or the license was not seized as evidence, the license
   7-69  holder shall surrender the license to the appropriate division of
   7-70  the department not later than the 10th day after the date the
    8-1  license holder receives the notice of revocation from the
    8-2  department, unless the license holder requests a hearing from the
    8-3  department.  The license holder may request that a justice court
    8-4  review the revocation as provided by Section 6 of this article.  If
    8-5  a request is made for the justice court to review the revocation
    8-6  and hold a hearing, the license holder shall surrender the license
    8-7  on the date an order of revocation has been entered by the justice
    8-8  court.
    8-9        (c)  A license holder whose license has been revoked for a
   8-10  reason listed in this section may reapply as a new applicant for
   8-11  the issuance of a license under this article after the second
   8-12  anniversary of the date of the revocation if the cause for
   8-13  revocation does not exist on the date of the second anniversary.
   8-14  If the cause of revocation exists on the date of the second
   8-15  anniversary after the date of revocation, the license holder may
   8-16  not apply for a new license until the cause for the revocation no
   8-17  longer exists and has not existed for a period of two years.
   8-18        Sec. 12.  SUSPENSION OF LICENSE.  (a)  A license may be
   8-19  suspended under this section if the license holder:
   8-20              (1)  is convicted of disorderly conduct punishable as a
   8-21  Class C misdemeanor under Section 42.01, Penal Code;
   8-22              (2)  fails to display a license required by Section 5
   8-23  of this article;
   8-24              (3)  fails to notify the department of a change of
   8-25  address or name as required by Section 7 of this article;
   8-26              (4)  carries a concealed handgun under the authority of
   8-27  this article of a different category than the license holder is
   8-28  licensed to carry;
   8-29              (5)  has been charged by indictment with the commission
   8-30  of an offense that would make the license holder ineligible for a
   8-31  license on conviction; or
   8-32              (6)  fails to return a previously issued license after
   8-33  a license is modified as required by Section 9(d) of this article.
   8-34        (b)  If any peace officer believes a reason listed in
   8-35  Subsection (a) of this section to suspend a license exists, the
   8-36  officer shall prepare an affidavit on a form provided by the
   8-37  department stating the reason for the suspension of the license and
   8-38  giving the department all of the information available to the
   8-39  officer at the time of the preparation of the form.  The officer
   8-40  shall attach the officer's reports relating to the license holder
   8-41  to the form and send the form and the attachments to the
   8-42  appropriate division of the department at its Austin headquarters
   8-43  not later than the fifth working day after the date the form is
   8-44  prepared.  The officer shall send a copy of the form without the
   8-45  attachments to the license holder.  If the license holder has not
   8-46  surrendered the license or the license was not seized as evidence,
   8-47  the license holder shall surrender the license to the appropriate
   8-48  division of the department not later than the 10th day after the
   8-49  date the license holder receives the notice of suspension from the
   8-50  department unless the license holder requests a hearing from the
   8-51  department.  The license holder may request that a justice court
   8-52  review the suspension as provided by Section 6 of this article.  If
   8-53  a request is made for the justice court to review the suspension
   8-54  and hold a hearing, the license holder shall surrender the license
   8-55  on the date an order of suspension has been entered by the justice
   8-56  court.
   8-57        (c)  A license may be suspended under this section for not
   8-58  less than 90 days and not more than two years.
   8-59        Sec. 13.  OFFENSES INVOLVING LICENSE HOLDER CARRYING HANDGUN.
   8-60  (a)  A license holder commits an offense if the license holder
   8-61  intentionally carries a handgun on or about his person under the
   8-62  authority of this article and fails to conceal the handgun.  An
   8-63  offense under this subsection is a Class A misdemeanor.
   8-64        (b)  A license holder commits an offense if the license
   8-65  holder recklessly carries a handgun under the authority of this
   8-66  article, regardless of whether the handgun is concealed, on or
   8-67  about the license holder's person:
   8-68              (1)  on the premises of a school or an educational
   8-69  institution, whether public or private, unless the license holder
   8-70  has written authorization of the institution;
    9-1              (2)  on the premises of a polling place on the date of
    9-2  an election or while early voting is in progress;
    9-3              (3)  in any government court or offices used by a
    9-4  court, unless in accordance with written regulations or written
    9-5  authorization of the court;
    9-6              (4)  on the premises of a business that has a permit or
    9-7  license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage
    9-8  Code, if the business derives 51 percent or more of its income from
    9-9  the sale of alcoholic beverages for on-premises consumption;
   9-10              (5)  on the premises of a racetrack;
   9-11              (6)  in the secured passenger area of any airport;
   9-12              (7)  on a premises where a high school, collegiate, or
   9-13  professional sporting event or interscholastic event is taking
   9-14  place, unless the license holder is a participant in a sporting
   9-15  event in which a handgun is used;
   9-16              (8)  in any office occupied by a governmental entity;
   9-17              (9)  on the premises of a correctional facility as
   9-18  defined in Section 1.07, Penal Code; or
   9-19              (10)  on privately owned premises commonly used by the
   9-20  public, if the owner of the premises prominently displays at each
   9-21  entrance to the premises a notice that it is unlawful to carry a
   9-22  handgun on the premises.
   9-23        (c)  An offense under Subsection (b) of this section is a
   9-24  Class B misdemeanor, unless the offense is committed under
   9-25  Subsection (b)(4) or (b)(9) of this section, in which event the
   9-26  offense is a felony of the third degree.
   9-27        (d)  A license holder commits an offense if the license
   9-28  holder recklessly carries a handgun under the authority of this
   9-29  article, regardless of whether the handgun is concealed, at any
   9-30  meeting of the governing body of a county, municipality, or special
   9-31  district or at any meeting of the state legislature.  An offense
   9-32  under this subsection is a Class A misdemeanor.
   9-33        (e)  A license holder commits an offense if the license
   9-34  holder recklessly carries a handgun under the authority of this
   9-35  article, regardless of whether the handgun is concealed, while
   9-36  intoxicated.  An offense under this subsection is a Class A
   9-37  misdemeanor.
   9-38        (f)  Sections 32.21 and 37.10, Penal Code, are applicable to
   9-39  conduct under this article.
   9-40        (g)  A license holder under this article who is licensed as a
   9-41  security officer under the Private Investigators and Private
   9-42  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   9-43  Statutes) and employed as a security officer commits an offense if,
   9-44  while in the course and scope of the security officer's employment,
   9-45  the security officer violates a provision of this article.  An
   9-46  offense under this subsection is a Class A misdemeanor.
   9-47        (h)  Any judgment of conviction entered by any court under
   9-48  this section shall contain the handgun license number of the
   9-49  convicted license holder.  A certified copy of the judgment is
   9-50  conclusive and sufficient evidence to justify revocation of a
   9-51  license under Section 11(a)(4) of this article.
   9-52        (i)  If a peace officer arrests a license holder who is
   9-53  carrying a handgun under the authority of this article for an
   9-54  offense under this section or any other offense, the peace officer
   9-55  shall seize the license holder's weapon and license as evidence.
   9-56  The provisions of Article 18.19, Code of Criminal Procedure,
   9-57  relating to the disposition of weapons seized in connection with
   9-58  criminal offenses, apply to weapons seized under this subsection.
   9-59        Sec. 14.  LIMITATION OF LIABILITY.  (a)  A court may not hold
   9-60  the state, an agency or subdivision of the state, an officer or
   9-61  employee of the state, a peace officer, or a qualified handgun
   9-62  instructor liable for damages caused by:
   9-63              (1)  an action authorized under this article or failure
   9-64  to perform a duty imposed by this article; or
   9-65              (2)  the actions of an applicant or license holder that
   9-66  occur after the applicant has received a license or been denied a
   9-67  license under this article.
   9-68        (b)  A cause of action in damages may not be brought against
   9-69  the state, an agency or subdivision of the state, an officer or
   9-70  employee of the state, a peace officer, or a qualified handgun
   10-1  instructor for any damage caused by the actions of an applicant or
   10-2  licensee under this article.
   10-3        (c)  The department is not responsible for any injury or
   10-4  damage inflicted on any person by an applicant or license holder
   10-5  arising or alleged to have arisen from an action taken by the
   10-6  department under this article.
   10-7        (d)  The immunities granted above under Subsections (a), (b),
   10-8  and (c) do not apply to acts or failures to act by the state, an
   10-9  agency or subdivision of the state, an officer of the state, or a
  10-10  peace officer when such acts or failures to act were capricious or
  10-11  arbitrary.
  10-12        Sec. 15.  HANDGUN PROFICIENCY REQUIREMENT.  (a)  The director
  10-13  shall by rule establish minimum standards for handgun proficiency
  10-14  and shall develop a course to teach handgun proficiency and
  10-15  examinations to measure handgun proficiency.  The course to teach
  10-16  handgun proficiency must contain training sessions divided into two
  10-17  parts.  One part of the course must be classroom instruction and
  10-18  the other part must be range instruction and an actual
  10-19  demonstration by the applicant of the applicant's ability to safely
  10-20  and proficiently use the handgun for which the applicant seeks
  10-21  certification.  The department shall distribute the standards,
  10-22  course requirements, and examinations on request to any qualified
  10-23  handgun instructor.
  10-24        (b)  A handgun proficiency course must be administered by a
  10-25  qualified handgun instructor and must include at least 10 hours and
  10-26  not more than 15 hours of instruction on:
  10-27              (1)  the laws that relate to weapons and to the use of
  10-28  deadly force;
  10-29              (2)  handgun use, proficiency, and safety;
  10-30              (3)  dispute resolution; and
  10-31              (4)  proper storage practices for handguns with an
  10-32  emphasis on storage practices that eliminate the possibility of
  10-33  accidental injury to a child.
  10-34        (c)  The department shall by rule develop a continuing
  10-35  education course in handgun proficiency for a license holder who
  10-36  wishes to renew a license.  The continuing education course shall
  10-37  be administered by a qualified handgun instructor and must include
  10-38  at least four hours of instruction on one or more of the subjects
  10-39  listed in Subsection (b) of this section and include other
  10-40  information the director determines is appropriate.
  10-41        (d)  The proficiency examination to obtain or to renew a
  10-42  license must be administered by a qualified handgun instructor and
  10-43  must include:
  10-44              (1)  a written section on the subjects listed in
  10-45  Subsection (b) of this section; and
  10-46              (2)  a physical demonstration of proficiency in the use
  10-47  of one or more handguns of specific categories and in handgun
  10-48  safety procedures.
  10-49        (e)  The proficiency examination to modify a license must be
  10-50  administered by a qualified handgun instructor and must include a
  10-51  physical demonstration of the proficiency in the use of one or more
  10-52  handguns of specific categories and in handgun safety procedures.
  10-53        (f)  The department shall develop and distribute directions
  10-54  and materials for course instruction, test administration, and
  10-55  recordkeeping.  All test results shall be sent to the department,
  10-56  and the department shall maintain a record of the results.
  10-57        (g)  A person who wishes to obtain or renew a license to
  10-58  carry a concealed handgun shall apply in person to a qualified
  10-59  handgun instructor to take the appropriate course in handgun
  10-60  proficiency, demonstrate handgun proficiency, and obtain a handgun
  10-61  proficiency certificate as described by Section 16 of this article.
  10-62        (h)  A license holder who wishes to modify a license to allow
  10-63  the license holder to carry a handgun of a different category than
  10-64  the license indicates shall apply in person to a qualified handgun
  10-65  instructor to take an appropriate proficiency course and
  10-66  examination and obtain a handgun proficiency certificate as
  10-67  described by Section 16 of this article.  The course and
  10-68  examination to modify a license must include at least four hours of
  10-69  instruction on one or more of the subjects listed in Subsection (b)
  10-70  of this section and include other information the director
   11-1  determines is appropriate.
   11-2        (i)  A certified firearms instructor of the department may
   11-3  monitor any class or training presented by a qualified handgun
   11-4  instructor.  A qualified handgun instructor shall cooperate with
   11-5  the department in the department's efforts to monitor the
   11-6  presentation of training by the qualified handgun instructor.  A
   11-7  qualified handgun instructor shall make available for inspection to
   11-8  the department any and all records maintained by a qualified
   11-9  handgun instructor under this article.  The qualified handgun
  11-10  instructor shall keep a record of all certificates of handgun
  11-11  proficiency issued by the qualified handgun instructor and other
  11-12  information required by the department by rule.
  11-13        (j)  The department shall conduct a study to determine the
  11-14  effectiveness and feasibility of allowing an applicant to take a
  11-15  written competency examination administered by a qualified handgun
  11-16  instructor in lieu of attending the classroom instruction required
  11-17  under this section as part of the handgun proficiency course.  The
  11-18  department shall report the findings of the study to the
  11-19  legislature not later than January 31, 1997.
  11-20        Sec. 16.  HANDGUN PROFICIENCY CERTIFICATE.  (a)  The
  11-21  department shall develop a sequentially numbered handgun
  11-22  proficiency certificate and distribute the certificate to qualified
  11-23  handgun instructors who administer the handgun proficiency
  11-24  examination described in Section 15 of this article.  The
  11-25  department by rule may set a fee in an amount sufficient to cover
  11-26  the costs of the certificates.
  11-27        (b)  If a person successfully completes the proficiency
  11-28  requirements as described in Section 15 of this article, the
  11-29  instructor shall endorse a certificate of handgun proficiency
  11-30  provided by the department.  An applicant must successfully
  11-31  complete both classroom and range instruction to receive a
  11-32  certificate.  The certificate must indicate the category of any
  11-33  handgun for which the applicant demonstrated proficiency during the
  11-34  examination.
  11-35        (c)  A qualified handgun instructor may submit to the
  11-36  department a written recommendation for disapproval of the
  11-37  application for a license, renewal, or modification of a license,
  11-38  accompanied by an affidavit stating personal knowledge or naming
  11-39  persons with personal knowledge of facts that lead the instructor
  11-40  to believe that an applicant is not qualified for handgun
  11-41  proficiency certification despite the applicant's completion of the
  11-42  proficiency requirements as described by Section 15 of this
  11-43  article.
  11-44        Sec. 17.  QUALIFIED HANDGUN INSTRUCTORS.  (a)  The director
  11-45  by rule shall establish requirements for the certification of a
  11-46  qualified handgun instructor.  The department by rule may waive a
  11-47  proficiency demonstration requirement for certification under this
  11-48  section for a peace officer, a person who is employed by an
  11-49  educational institution and who instructs peace officers in the use
  11-50  of handguns, or any other class of persons whom by occupation or
  11-51  training the department determines to possess the required handgun
  11-52  proficiency.
  11-53        (b)  A qualified handgun instructor must be qualified to
  11-54  instruct persons in:
  11-55              (1)  the laws that relate to weapons and to the use of
  11-56  deadly force;
  11-57              (2)  handgun use, proficiency, and safety;
  11-58              (3)  dispute resolution; and
  11-59              (4)  proper storage practices for handguns, including
  11-60  storage practices that eliminate the possibility of accidental
  11-61  injury to a child.
  11-62        (c)  The department shall provide training to an individual
  11-63  who applies for certification as a qualified handgun instructor.
  11-64  An applicant shall pay a fee of $100 to the department for the
  11-65  training.  An applicant must take and successfully complete the
  11-66  training offered by the department and pay the training fee before
  11-67  the department may certify the applicant as a qualified handgun
  11-68  instructor.  The department shall waive the requirements regarding
  11-69  a handgun proficiency certification under Section 16 of this
  11-70  article for an applicant for a license to carry a concealed handgun
   12-1  who takes and successfully completes training under this subsection
   12-2  and pays the training fee.  The department by rule may prorate or
   12-3  waive the training fee for an employee of another governmental
   12-4  entity.
   12-5        (d)  The certification of a qualified handgun instructor
   12-6  expires on the third anniversary after the date of certification.
   12-7  To renew a certification, the qualified handgun instructor must pay
   12-8  a fee of $50 and take and successfully complete the retraining
   12-9  courses required by rule of the department.
  12-10        (e)  After certification, a qualified handgun instructor may
  12-11  conduct training for applicants for a license under this article.
  12-12        (f)  If the department determines that a reason exists to
  12-13  revoke, suspend, or deny a license to carry a concealed handgun
  12-14  with respect to a person who is a qualified handgun instructor or
  12-15  an applicant for certification as a qualified handgun instructor,
  12-16  the department shall take that action against the person's
  12-17  certification as a qualified handgun instructor regardless of
  12-18  whether the person has a license issued under this article to carry
  12-19  a concealed handgun.
  12-20        Sec. 18.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION OF
  12-21  CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR.  The procedures for
  12-22  the review of a denial, revocation, or suspension of a license
  12-23  under Section 6 of this article apply to the review of a denial,
  12-24  revocation, or suspension of certification as a qualified handgun
  12-25  instructor.  The notice provisions of this article relating to
  12-26  denial, revocation, or suspension of handgun licenses apply to the
  12-27  proposed denial, revocation, or suspension of a certification of a
  12-28  qualified handgun instructor or applicant therefor.
  12-29        Sec. 19.  CONFIDENTIALITY OF RECORDS.  The department may
  12-30  disclose to a criminal justice agency information contained in its
  12-31  files and records regarding whether an individual is licensed under
  12-32  this article.  The department may, on written request and payment
  12-33  of a fee of $5, disclose to any other individual whether an
  12-34  individual is licensed under this article.  All other records
  12-35  maintained under this article are confidential and are not subject
  12-36  to mandatory disclosure under the open records law, Chapter 552,
  12-37  Government Code, except that the applicant or license holder may be
  12-38  furnished a copy of such disclosable records on request and the
  12-39  payment of a reasonable fee.  Nothing in this section shall prevent
  12-40  the department from making public and distributing to the public at
  12-41  no cost lists of individuals who are certified as qualified handgun
  12-42  instructors by the department.
  12-43        Sec. 20.  RULES.  The director shall adopt rules to
  12-44  administer this article.
  12-45        Sec. 21.  FUNDS.  The department shall forward the fees
  12-46  collected under this article to the comptroller of public accounts.
  12-47  The comptroller shall deposit the fees to the credit of an account
  12-48  in the general revenue fund to be known as the concealed handgun
  12-49  license account.  The legislature may appropriate funds from the
  12-50  account only for the purpose of paying the costs of the department
  12-51  in implementing this article.  At the end of each fiscal year, the
  12-52  comptroller shall transfer the excess funds in the account to the
  12-53  general revenue fund.
  12-54        Sec. 22.  NOTICE.  (a)  For the purpose of a notice required
  12-55  by this article, the department may assume that the address
  12-56  currently reported to the department by the applicant or license
  12-57  holder is the correct address.
  12-58        (b)  A written notice meets the requirements under this
  12-59  article if the notice is sent by certified mail to the current
  12-60  address reported by the applicant or license holder to the
  12-61  department.
  12-62        (c)  If a notice is returned to the department because the
  12-63  notice is not deliverable, the department may give notice by
  12-64  publication once in a newspaper of general interest in the county
  12-65  of the applicant's or license holder's last reported address.  On
  12-66  the 31st day after the date the notice is published, the department
  12-67  may take the action proposed in the notice.
  12-68        Sec. 23.  METHOD OF PAYMENT.  A person may pay a fee required
  12-69  by this article only by cashier's check, money order made payable
  12-70  to the "Texas Department of Public Safety," or any other method
   13-1  approved by the department.  A fee received by the department under
   13-2  this article is nonrefundable.
   13-3        Sec. 24.  LICENSE A BENEFIT.  The issuance of a license under
   13-4  this article is a benefit to the license holder for purposes of
   13-5  those sections of the Penal Code to which the definition of
   13-6  "benefit" under Section 1.07, Penal Code, apply.
   13-7        Sec. 25.  HONORABLY RETIRED PEACE OFFICERS.  (a)  A person
   13-8  who is licensed as a peace officer under Chapter 415, Government
   13-9  Code, and who has been employed full-time as a peace officer by a
  13-10  law enforcement agency may apply for a license under this article
  13-11  on retirement.  The application must be made not later than the
  13-12  90th day after the date of retirement.
  13-13        (b)  The person shall submit two complete sets of legible and
  13-14  classifiable fingerprints and a sworn statement from the head of
  13-15  the law enforcement agency employing the applicant.  The statement
  13-16  shall include:
  13-17              (1)  the name and rank of the applicant;
  13-18              (2)  the status of the applicant before retirement;
  13-19              (3)  whether or not the applicant was accused of
  13-20  misconduct at the time of the retirement;
  13-21              (4)  the physical and mental condition of the
  13-22  applicant;
  13-23              (5)  the type of weapons the applicant had demonstrated
  13-24  proficiency with during the last year of employment;
  13-25              (6)  whether the applicant would be eligible for
  13-26  reemployment with the agency, and if not, the reasons the applicant
  13-27  is not eligible; and
  13-28              (7)  a recommendation from the agency head regarding
  13-29  the issuance of a license under this article.
  13-30        (c)  The department may issue a license under this article to
  13-31  an applicant under this section if the applicant is honorably
  13-32  retired and physically and emotionally fit to possess a handgun.
  13-33  In this subsection, "honorably retired" means the applicant:
  13-34              (1)  did not retire in lieu of any disciplinary action;
  13-35              (2)  was employed as a full-time peace officer for not
  13-36  less than 10 years by one agency; and
  13-37              (3)  is entitled to receive a pension or annuity for
  13-38  service as a law enforcement officer.
  13-39        (d)  An applicant under this section shall pay a fee of $25
  13-40  for a license issued under this article.
  13-41        (e)  A retired peace officer who obtains a license under this
  13-42  article must maintain, for the category of weapon licensed, the
  13-43  proficiency required for a peace officer under Section 415.035,
  13-44  Government Code.  The department or a local law enforcement agency
  13-45  shall allow a retired peace officer of the department or agency an
  13-46  opportunity to annually demonstrate the required proficiency.  The
  13-47  proficiency shall be reported to the department on application and
  13-48  renewal.
  13-49        (f)  A license issued under this section expires as provided
  13-50  by Section 8 of this article.
  13-51        Sec. 26.  APPLICATION TO LICENSED SECURITY OFFICERS.  This
  13-52  article does not exempt a license holder who is also employed as a
  13-53  security officer and licensed under the Private Investigators and
  13-54  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
  13-55  Civil Statutes) from the duty to comply with that Act or Section
  13-56  46.02, Penal Code.
  13-57        Sec. 27.  NOTICE REQUIRED ON CERTAIN PREMISES.  (a)  A
  13-58  business that has a permit or license issued under Chapter 25, 28,
  13-59  32, or 69, Alcoholic Beverage Code, and that derives 51 percent or
  13-60  more of its income from the sale of alcoholic beverages for
  13-61  on-premises consumption shall prominently display at each entrance
  13-62  to the business premises a sign that complies with the requirements
  13-63  of Subsection (c) of this section.
  13-64        (b)  A governmental entity shall prominently display at each
  13-65  entrance to an office occupied by the entity a sign that complies
  13-66  with the requirements of Subsection (c) of this section.
  13-67        (c)  The sign required under Subsections (a) and (b) of this
  13-68  section must give notice in both English and Spanish that it is
  13-69  unlawful to carry a handgun on the premises.  The sign must appear
  13-70  in contrasting colors with block letters at least one inch in
   14-1  height and shall be displayed in a conspicuous manner clearly
   14-2  visible to the public.
   14-3        Sec. 28.  RECIPROCITY.  The department shall by rule provide
   14-4  for reciprocal licensing of individuals possessing a valid
   14-5  concealed handgun license from another state which has requirements
   14-6  similar to those provided under this article.
   14-7        SECTION 2.  Subsection (b), Section 46.02, Penal Code, is
   14-8  amended to read as follows:
   14-9        (b)  It is a defense to prosecution under this section that
  14-10  the actor was, at the time of the commission of the offense:
  14-11              (1)  in the actual discharge of his official duties as
  14-12  a member of the armed forces or state military forces as defined by
  14-13  Section 431.001, Government Code, or as a guard employed by a penal
  14-14  institution;
  14-15              (2)  on his own premises or premises under his control
  14-16  unless he is an employee or agent of the owner of the premises and
  14-17  his primary responsibility is to act in the capacity of a security
  14-18  guard to protect persons or property, in which event he must comply
  14-19  with Subdivision (5);
  14-20              (3)  traveling;
  14-21              (4)  engaging in lawful hunting, fishing, or other
  14-22  sporting activity on the immediate premises where the activity is
  14-23  conducted, or was directly en route between the premises and the
  14-24  actor's residence, if the weapon is a type commonly used in the
  14-25  activity;
  14-26              (5)  a person who holds a security officer commission
  14-27  issued by the Texas Board of Private Investigators and Private
  14-28  Security Agencies, if:
  14-29                    (A)  he is engaged in the performance of his
  14-30  duties as a security officer or traveling to and from his place of
  14-31  assignment;
  14-32                    (B)  he is wearing a distinctive uniform; and
  14-33                    (C)  the weapon is in plain view; <or>
  14-34              (6)  a peace officer, other than a person commissioned
  14-35  by the Texas State Board of Pharmacy; or
  14-36              (7)  carrying a concealed handgun and a valid license
  14-37  issued under Article 4413(29ee), Revised Statutes,  to carry a
  14-38  concealed handgun of the same category as the handgun the person is
  14-39  carrying.
  14-40        SECTION 3.  (a)  This Act takes effect September 1, 1995,
  14-41  except that a license issued under this Act before January 1, 1996,
  14-42  is not effective until January 1, 1996.  A license issued before
  14-43  January 1, 1996, shall be clearly marked to reflect the date on
  14-44  which it becomes effective, and the director of the Department of
  14-45  Public Safety shall inform each recipient of a license before that
  14-46  date that the license is not effective until that date.
  14-47        (b)  Notwithstanding Subsection (a), Section 8, Article
  14-48  4413(29ee), Revised Statutes, as added by this Act, the Department
  14-49  of Public Safety by rule may adopt a system to implement staggered
  14-50  and evenly distributed license expiration dates over the four-year
  14-51  period beginning January 1, 1996.  The department may not issue a
  14-52  license that is effective for less than two years.  A license that
  14-53  is effective for less than four years and is renewed expires as
  14-54  provided by Subsection (b), Section 8, Article 4413(29ee), Revised
  14-55  Statutes, as added by this Act.  Notwithstanding Subdivision (6),
  14-56  Subsection (a), Section 3, Article 4413(29ee), Revised Statutes, as
  14-57  added by this Act, the department by rule shall prorate the
  14-58  nonrefundable application and license fee for applicants who
  14-59  receive licenses that are effective for less than four years under
  14-60  this subsection.
  14-61        SECTION 4.  An offense committed before January 1, 1996, is
  14-62  covered by the law in effect when the offense is committed, and the
  14-63  former law is continued in effect for this purpose.
  14-64        SECTION 5.  The importance of this legislation and the
  14-65  crowded condition of the calendars in both houses create an
  14-66  emergency and an imperative public necessity that the
  14-67  constitutional rule requiring bills to be read on three several
  14-68  days in each house be suspended, and this rule is hereby suspended.
  14-69                               * * * * *