SRC-MAX H.B. 2909 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2909
By: Carter (Patterson)
Criminal Justice
5-17-97
Engrossed


DIGEST 

In 1995, the Texas Legislature passed the Concealed Handgun Licensing bill
giving law-abiding Texans a procedure by which to obtain a license
themselves to carry a handgun.  In the development of the original bill,
some conforming language was omitted and experience over two years has
indicated some changes necessary to orderly implementation of the law.
This bill sets forth provisions regarding persons eligible for a license
to carry a concealed handgun, to the rights and duties of license holders,
and to certain offenses involving weapons.

PURPOSE

As proposed, H.B. 2909 set forth provisions regarding a person eligible
for a license to carry a concealed handgun, to the rights and duties of
license holders, and to certain offenses involving weapons. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Public Safety in
SECTION 12 (Sec. 35(a), Article 4413(29ee) and to the Alcoholic Beverage
Commission in SECTION 17 (Sec. 104.069b), Alcoholic Beverage Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2(a), Article 4413(29ee), V.T.C.S., to provide
that a person is eligible for a license to carry a concealed handgun if
the person is a legal resident of this state for the six-month period
preceding the date of application under this article or is otherwise
eligible for a license under Section 35(a) of this article and is not
incapable of exercising sound judgment with respect to the proper use and
storage of a handgun, rather than described as a person of unsound mind.   

SECTION 2. Amends Section 2, Article 4413(29ee), by adding Subsection (d),
to provide that a person is incapable of exercising sound judgment with
respect to the proper used and storage of a handgun under certain
conditions.  Provides that a person who has  previously been diagnosed as
suffering from a psychiatric disorder or condition described by
Subdivision (1) or listed in Subdivision (2) is not incapable of
exercising sound judgment with respect to proper use of a handgun if the
person provides the Department of Public Safety (department) with a
certificate from a licensed physician stating that the psychiatric
disorder or condition is in remission and is not reasonably likely to
develop in the future. 

SECTION 3. Amends Section 3(a), Article 4412(29ee), V.T.C.S., to require
an applicant for a license to carry a concealed handgun to submit to the
director's designee described by Section 5 of this article two complete
sets of legible and classifiable fingerprints of the applicant taken by a
person appropriately trained in recording fingerprints who is employed by
a law enforcement agency or by a private entity designated by a law
enforcement agency an an entity qualified to take fingerprints of an
applicant of a license under this article. 

SECTION 4. Amends Section 5(b), Article 4413(29ee), V.T.C.S., to provide
that the scope of the record check and the investigation are at the sole
discretion of the department, except that the director's designee shall
complete the record check and investigation not later than 60 days after
the  date  the department received the application materials.  Requires
the department to conduct further record check or investigation the
department determines is necessary in the event that the question exists
with respect to the accuracy of the application materials or the
eligibility of the applicant, except that the department shall complete
the record check and investigation not later than 180 days after the date
the department received the application materials from the applicant. 

SECTION 5. Amends Section 6(b), Article 4413(29ee), V.T.C.S., to require
the department to notify the applicant in writing that the department is
unable to make a determination regarding the issuance or denial of a
license to the applicant within the 60-day period prescribed by this
subsection and include in that notification an explanation of the reason
for the inability and an estimation of the amount of time the department
will need to make the determination.  Deletes a provision requiring the
department to perform certain duties not later than the 90th day after the
date of the receipt by the director's designee of the completed
application materials.   

SECTION 6. Amends Sections 6(g), (h), and (i), Article 4413(29ee), to
delete a provision requiring the license holder to display both the
license and the license holder's driver's license or identification
certificate issued by the department on the demand by a magistrate or a
peace officer.  Provides that a person who fails or refuses to display the
license and identification as required by this subsection is subject to
suspension of the person's license as provided by Section 13 of this
article.  Provides that a person commits a Class B misdemeanor if the
person fails or refuses to display the license and identification as
required by Subsection (g) of this section after previously having had the
person's license suspended for a violations of that subsection. 

SECTION 7. Amends Section 12(a), Article 4413(29ee), V.T.C.S., to
authorize a license to be revoked under this section if the license holder
subsequently becomes ineligible for a license under Section 2 of this
article unless the sole basis for the ineligibility is that the license
holder is charged with the commission of a Class A or Class B misdemeanor
or an offense under Section 42.01, Penal Code, of a felony under an
information or indictment or is  determined by the department to have
engaged in certain conduct.   

SECTION 8. Amends Sections 13(a) and (c), Article 4413(29ee), V.T.C.S., to
provide that a license may be suspended under this section for certain
time periods depending on the reasons for suspension listed in Subsection
(a).  Makes a conforming change. 

SECTION 9. Amend Section 17(c), Article 4413(29ee), V.T.C.S., to set forth
provisions  regarding the department's determination for denial of a
license. 

SECTION 10. Amends Sections 18(c) and (f), to require the department to
issue a license to carry a concealed handgun, rather than waive the
requirements regarding a handgun proficiency certification under Section
17 of this article, under the authority of this article to any person who
is certified as a qualified handgun instructor and who pays to the
department a fee of $100 in addition to the training fee, rather than
takes and successfully completes training under this subsection. Requires
the department to take certain action against a person's license to carry
a concealed handgun if the person is an applicant for or holder of such a
license and the person's certification as a qualified handgun instructor,
rather than regardless of whether the person has a license issued under
this article to carry a concealed handgun.   

SECTION 11. Amends Section 31, Article 4413(29ee), V.T.C.S., by amending
Subsections (a) and (b) and adding Subsections (d) and (e), to require a
business that has a permit or licence issued under Chapter 74, Alcoholic
Beverage Code  and derives a certain percentage of its income from the
sale of alcoholic beverages for on-premises consumption as determined by
Texas Alcoholic Beverage Code, to prominently display certain signs under
this subsection.  Requires the signs to include on its face the number
"51" printed in solid red at least five inched in height.  Provides that a
business that has permit or license issued under the Alcoholic Beverage
Code and that is not required to display a sign under this section may be
required to display a sign under Section 11.041 or Section 61.11,
Alcoholic Beverage Code.  Provides that this section does not apply to a
business that has a food and beverage certificate issued under the
Alcoholic Beverage Code. 

SECTION 12. Amends Section 35, Article 4413(29ee), V.T.C.S., as follows:
 
Sec.  35.  New heading:  NONRESIDENT LICENSE. Deletes provisions regarding
a reciprocal license.  Sets forth provisions regarding a nonresident
license.   

SECTION 13. Amends Chapter 11, Alcoholic Beverage Code, by adding Section
11.041, as follows: 

Sec.  11.041.  WARNING SIGN REQUIRED.  Sets forth provisions regarding
warning signs that give notice that it is unlawful for a person to carry a
weapon on the premises under certain conditions. 

SECTION 14. Amends Section 11.61(a), Alcoholic Beverage Code, to provide
that this subsection does not apply to a person who possesses a concealed
handgun of the same category the person is licensed to carry under Article
4413(29ee), V.T.C.S., unless the person is on the premises of a business
described by Section 46.035(b)(1), Penal Code. 

SECTION 15. Amends Section 61.11, Alcoholic Beverage Code, to require each
holder of a license who is not otherwise required to display a sign under
Section 31, Article 4413(29ee), V.T.C.S., to display in a prominent place
on the license holder's premises a sign stating certain information.  Sets
forth the appearance of the sign.  Deletes the existing language relating
to the sign.  Deletes a provision providing that a licensee who violates
this section commits a misdemeanor punishable by a fine of not more than
$25. 

SECTION 16. Amends Section 61.71(f), Alcoholic Beverage Code, to make a
conforming change. 

SECTION 17. Amends Chapter 104, Alcoholic Beverage Code, by adding Section
104.06, as follows: 

Sec.  104.06.  MONITORING OF GROSS RECEIPTS.  Sets forth provisions
regarding the monitoring of gross receipts for the premises for which the
licence or permit is issued.  

SECTION 18. Amends Section 12.092(b), Health and Safety Code, to require
the medical advisory board to assist the Department of Public Safety in
determining whether an applicant for or holder of a license to carry a
concealed handgun under the authority of Article 4413(29ee), V.T.C.S., is
capable of exercising sound judgment with respect to the proper use and
storage of a handgun.   

SECTION 19. Amends Sections 12.095(a), (c), and (d), Health and Safety
Code, as added by Chapter 165, Acts of the 74th Legislature, Regular
Session, 1995, to require the commissioner of public health (commissioner)
or a person designated by the commissioner to convene a panel to consider
the case or question submitted by the department if the Department of
Public Safety requests an opinion or recommendation from the medical
advisory board as to the ability of an applicant or license holder to
exercise sound judgment with respect to the proper use and storage of a
handgun.  Makes conforming and nonsubstantive changes. 

SECTION 20. Amends Chapter 30, Penal Code, by adding Section 30.06, as
follows: 

Sec.  30.06.  TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
Provides that a license holder commits a Class A misdemeanor if the person
performs certain actions.  Provides that a person received notice if the
owner of the property or someone with apparent authority to act for the
owner provides notice to the person by oral and written communication.
Defines  "entry" and "license holder."   

SECTION 21. Amends Section 46.02, Penal Code, to delete provisions
regarding certain defenses to prosecution under this section.  

SECTION 22. Amends Section 46.03(b) and (c), Penal Code, to delete a peace
officer from the provisions of Subsection (a). Defines "premises" and
redefines "secured area." 

SECTION 23. Amends Section 46.035(b), Penal Code, to make a conforming
change. 

SECTION 24. Amends Section 46.15, Penal Code, as follows:
 
Sec.  46.15.  New heading:  NONAPPLICABILITY.  Provides that this section
does not apply to certain persons.  

SECTION 25. Repealer:  Section 1(10), Article 4413(29ee), V.T.C.S.
(Definitions). 

SECTION 26. Makes application of this Act prospective.

SECTION 27. Authorizes a person, who before the effective date of this Act
was licensed to carry a concealed handgun under Article 4413(29ee),
V.T.C.S., and whose license was revoked on the sole basis that the person
was charged with the commission of certain offenses to apply to the
department to change the status of the person's license in accordance with
Sections 12 and 13 Article 4413(29ee), V.T.C.S., by a certain date.
Requires the Department of Public Safety to promptly place the person's
license on suspension if the charges against the person are still pending
or reinstate the person's license if the charges against the person have
been dismissed. 

SECTION 28. Requires the Department of Public Safety to establish
procedures and to commence any negotiations required by Section 25,
Article 4413(29ee), V.T.C.S., by a certain date. 

SECTION 29. Sets forth certain requirements for the Texas Alcoholic
Beverage Commission regarding the adoption of rules and other
determinations.  Makes application of this Act prospective. 

SECTION 30. Makes application of this Act prospective.

SECTION 31. Effective date: September 1, 1997.

SECTION 32. Emergency clause.