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 * * * * *