By Carter, Chisum, Allen, Hupp, Wilson,               H.B. No. 2909

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to persons eligible for a license to carry a concealed

 1-3     handgun, to the rights and duties of license holders, and to

 1-4     certain offenses involving weapons.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 2(a), Article 4413(29ee), Revised

 1-7     Statutes, is amended to read as follows:

 1-8           (a)  A person is eligible for a license to carry a concealed

 1-9     handgun if the person:

1-10                 (1)  is a legal resident of this state for the

1-11     six-month period preceding the date of application under this

1-12     article or is otherwise eligible for a license under Section 35(a)

1-13     of this article;

1-14                 (2)  is at least 21 years of age;

1-15                 (3)  has not been convicted of a felony;

1-16                 (4)  is not charged with the commission of a Class A or

1-17     Class B misdemeanor or an offense under Section 42.01, Penal Code,

1-18     or of a felony under an information or indictment;

1-19                 (5)  is not a fugitive from justice for a felony or a

1-20     Class A or Class B misdemeanor;

1-21                 (6)  is not a chemically dependent person;

1-22                 (7)  is not incapable of exercising sound judgment with

1-23     respect to the proper use and storage of a handgun [a person of

1-24     unsound mind];

1-25                 (8)  has not, in the five years preceding the date of

 2-1     application, been convicted of a Class A or Class B misdemeanor or

 2-2     an offense under Section 42.01, Penal Code;

 2-3                 (9)  is fully qualified under applicable federal and

 2-4     state law to purchase a handgun;

 2-5                 (10)  has not been finally determined to be delinquent

 2-6     in making a child support payment administered or collected by the

 2-7     attorney general;

 2-8                 (11)  has not been finally determined to be delinquent

 2-9     in the payment of a tax or other money collected by the

2-10     comptroller, state treasurer, tax collector of a political

2-11     subdivision of the state, Texas Alcoholic Beverage Commission, or

2-12     any other agency or subdivision of the state;

2-13                 (12)  has not been finally determined to be in default

2-14     on a loan made under Chapter 57, Education Code;

2-15                 (13)  is not currently restricted under a court

2-16     protective order or subject to a restraining order affecting the

2-17     spousal relationship, not including a restraining order solely

2-18     affecting property interests;

2-19                 (14)  has not, in the 10 years preceding the date of

2-20     application, been adjudicated as having engaged in delinquent

2-21     conduct violating a penal law of the grade of felony; and

2-22                 (15)  has not made any material misrepresentation, or

2-23     failed to disclose any material fact, in an application submitted

2-24     pursuant to Section 3 of this article or in a request for

2-25     application submitted pursuant to Section 4 of this article.

2-26           SECTION 2.  Section 2, Article 4413(29ee), Revised Statutes,

2-27     is amended by adding Subsection (d) to read as follows:

 3-1           (d)(1)  For purposes of Subsection (a)(7) of this section, a

 3-2     person is incapable of exercising sound judgment with respect to

 3-3     the proper use and storage of a handgun if:

 3-4                       (A)  the person has been diagnosed by a licensed

 3-5     physician as suffering from a psychiatric disorder or condition

 3-6     that causes or is likely to cause substantial impairment in

 3-7     judgment, mood, perception, impulse control, or intellectual

 3-8     ability;

 3-9                       (B)  the person suffers from a psychiatric

3-10     disorder or condition described by Paragraph (A) of this

3-11     subdivision that:

3-12                             (i)  is in remission but is reasonably

3-13     likely to redevelop at a future time; or

3-14                             (ii)  requires continuous medical treatment

3-15     to avoid redevelopment;

3-16                       (C)  the person has been diagnosed by a licensed

3-17     physician or declared by a court to be incompetent to manage the

3-18     person's own affairs; or

3-19                       (D)  the person has entered in any criminal

3-20     proceeding a plea of not guilty by reason of insanity.

3-21                 (2)  The following are evidence that a person has a

3-22     psychiatric disorder or condition described by Subdivision (1)(A)

3-23     of this subsection:

3-24                       (A)  involuntary psychiatric hospitalization in

3-25     the preceding five-year period;

3-26                       (B)  psychiatric hospitalization in the preceding

3-27     two-year period;

 4-1                       (C)  inpatient or residential substance abuse

 4-2     treatment in the preceding five-year period;

 4-3                       (D)  diagnosis in the preceding five-year period

 4-4     by a licensed physician that the person is dependent on alcohol, a

 4-5     controlled substance, or a similar substance; or

 4-6                       (E)  diagnosis at any time by a licensed

 4-7     physician that the person suffers or has suffered from a

 4-8     psychiatric disorder or condition consisting of or relating to:

 4-9                             (i)  schizophrenia or delusional disorder;

4-10                             (ii)  bipolar disorder;

4-11                             (iii)  chronic dementia, whether caused by

4-12     illness, brain defect, or brain injury;

4-13                             (iv)  dissociative identity disorder;

4-14                             (v)  intermittent explosive disorder; or

4-15                             (vi)  antisocial personality disorder.

4-16                 (3)  Notwithstanding Subdivision (1), a person who has

4-17     previously been diagnosed as suffering from a psychiatric disorder

4-18     or condition described by Subdivision (1) or listed in Subdivision

4-19     (2) is not because of that disorder or condition incapable of

4-20     exercising sound judgment with respect to the proper use and

4-21     storage of a handgun if the person provides the department with a

4-22     certificate from a licensed physician stating that the psychiatric

4-23     disorder or condition is in remission and is not reasonably likely

4-24     to develop at a future time.

4-25           SECTION 3.  Section 3(a), Article 4413(29ee), Revised

4-26     Statutes, is amended to read as follows:

4-27           (a)  An applicant for a license to carry a concealed handgun

 5-1     must submit to the director's designee described by Section 5 of

 5-2     this article:

 5-3                 (1)  a completed application on a form provided by the

 5-4     department that requires only the information listed in Subsection

 5-5     (b) of this section;

 5-6                 (2)  two recent color passport photographs of the

 5-7     applicant;

 5-8                 (3)  a certified copy of the applicant's birth

 5-9     certificate or certified proof of age;

5-10                 (4)  proof of residency in this state;

5-11                 (5)  two complete sets of legible and classifiable

5-12     fingerprints of the applicant taken by a person [employed by a law

5-13     enforcement agency who is] appropriately trained in recording

5-14     fingerprints who is employed by a law enforcement agency or by a

5-15     private entity designated by a law enforcement agency as an entity

5-16     qualified to take fingerprints of an applicant for a license under

5-17     this article;

5-18                 (6)  a nonrefundable application and license fee of

5-19     $140 paid to the department;

5-20                 (7)  a handgun proficiency certificate described by

5-21     Section 17 of this article;

5-22                 (8)  an affidavit signed by the applicant stating that

5-23     the applicant:

5-24                       (A)  has read and understands each provision of

5-25     this article that creates an offense under the laws of this state

5-26     and each provision of the laws of this state related to use of

5-27     deadly force; and

 6-1                       (B)  fulfills all the eligibility requirements

 6-2     listed under Section 2 of this article; and

 6-3                 (9)  a form executed by the applicant that authorizes

 6-4     the director to make an inquiry into any noncriminal history

 6-5     records that are necessary to determine the applicant's eligibility

 6-6     for a license under Section 2(a) of this article.

 6-7           SECTION 4.  Section 5(b), Article 4413(29ee), Revised

 6-8     Statutes, is amended to read as follows:

 6-9           (b)  The director's designee as needed shall conduct an

6-10     additional criminal history record check of the applicant and an

6-11     investigation of the applicant's local official records to verify

6-12     the accuracy of the application materials.  The scope of the record

6-13     check and the investigation are at the sole discretion of the

6-14     department, except that the director's designee shall complete the

6-15     record check and investigation not later than 60 days after the

6-16     date the department receives the application materials.  The

6-17     department shall send a fingerprint card to the Federal Bureau of

6-18     Investigation for a national criminal history check of the

6-19     applicant.  On completion of the investigation, the director's

6-20     designee shall return all materials and the result of the

6-21     investigation to the appropriate division of the department at its

6-22     Austin headquarters.  The director's designee may submit to the

6-23     appropriate division of the department, at the department's Austin

6-24     headquarters, along with the application materials a written

6-25     recommendation for disapproval of the application, accompanied by

6-26     an affidavit stating personal knowledge or naming persons with

6-27     personal knowledge of a ground for denial under Section 2 of this

 7-1     article.  The director's designee in the appropriate geographical

 7-2     area may also submit the application and the recommendation that

 7-3     the license be issued.  On receipt at the department's Austin

 7-4     headquarters of the application materials and the result of the

 7-5     investigation by the director's designee, the department shall

 7-6     conduct any further record check or investigation the department

 7-7     determines is necessary in the event that a question exists with

 7-8     respect to the accuracy of the application materials or the

 7-9     eligibility of the applicant, except that the department shall

7-10     complete the record check and investigation not later than 180 days

7-11     after the date the department receives the application materials

7-12     from the applicant.

7-13           SECTION 5.  Section 6(b), Article 4413(29ee), Revised

7-14     Statutes, is amended to read as follows:

7-15           (b)[(1)]  Not [After January 1, 1997, the department, not]

7-16     later than the 60th day after the date of the receipt by the

7-17     director's designee of the completed application materials, the

7-18     department shall:

7-19                 (1) [(A)]  issue the license; [or]

7-20                 (2) [(B)]  notify the applicant in writing that the

7-21     application was denied:

7-22                       (A) [(i)]  on the grounds that the applicant

7-23     failed to qualify under the criteria listed in Section 2 of this

7-24     article;

7-25                       (B) [(ii)]  based on the affidavit of the

7-26     director's designee submitted to the department under Section 5(b)

7-27     of this article; or

 8-1                       (C) [(iii)]  based on the affidavit of the

 8-2     qualified handgun instructor submitted to the department under

 8-3     Section 17(c) of this article; or

 8-4                 (3)  notify the applicant in writing that the

 8-5     department is unable to make a determination regarding the issuance

 8-6     or denial of a license to the applicant within the 60-day period

 8-7     prescribed by this subsection and include in that notification an

 8-8     explanation of the reason for the inability and an estimation of

 8-9     the amount of time the department will need to make the

8-10     determination.

8-11                 [(2)  Between the effective date of this article and

8-12     December 31, 1996, the department shall perform the duties set out

8-13     in this subsection not later than the 90th day after the date of

8-14     the receipt by the director's designee of the completed application

8-15     materials.]

8-16           SECTION 6.  Sections 6(g), (h), and (i), Article 4413(29ee),

8-17     Revised Statutes, are amended and relettered to read as follows:

8-18           (g)  [On a demand by a magistrate or a peace officer that a

8-19     license holder display the license holder's handgun license, the

8-20     license holder shall display both the license and the license

8-21     holder's driver's license or identification certificate issued by

8-22     the department.]

8-23           [(h)]  If a license holder is carrying a handgun on or about

8-24     the license holder's person when a magistrate or a peace officer

8-25     demands that the license holder display identification, the license

8-26     holder shall display both the license holder's driver's license or

8-27     identification certificate issued by the department and the license

 9-1     holder's handgun license.  A person who fails or refuses to display

 9-2     the license and identification as required by this subsection is

 9-3     subject to suspension of the person's license as provided by

 9-4     Section 13 of this article.

 9-5           (h) [(i)]  A person commits an offense if the person fails or

 9-6     refuses to display the license and identification as required by

 9-7     Subsection (g) [or (h)] of this section after previously having had

 9-8     the person's license suspended for a violation of that subsection.

 9-9     An offense under this subsection is a Class B misdemeanor.

9-10           SECTION 7.  Section 12(a), Article 4413(29ee), Revised

9-11     Statutes, is amended to read as follows:

9-12           (a)  A license may be revoked under this section if the

9-13     license holder:

9-14                 (1)  was not entitled to the license at the time it was

9-15     issued;

9-16                 (2)  gave false information on the application;

9-17                 (3)  subsequently becomes ineligible for a license

9-18     under Section 2 of this article, unless the sole basis for the

9-19     ineligibility is that the license holder is charged with the

9-20     commission of a Class A or Class B misdemeanor or an offense under

9-21     Section 42.01, Penal Code, or of a felony under an information or

9-22     indictment; [or]

9-23                 (4)  is convicted of an offense under Section 46.035,

9-24     Penal Code; or

9-25                 (5)  is determined by the department to have engaged in

9-26     conduct constituting a reason to suspend a license listed in

9-27     Section 13(a) of this article after the person's license has been

 10-1    previously suspended twice for the same reason.

 10-2          SECTION 8.  Sections 13(a) and (c), Article 4413(29ee),

 10-3    Revised Statutes, are amended to read as follows:

 10-4          (a)  A license may be suspended under this section if the

 10-5    license holder:

 10-6                (1)  is charged with the commission of a Class A or

 10-7    Class B misdemeanor or an offense [convicted of disorderly conduct

 10-8    punishable as a Class C misdemeanor] under Section 42.01, Penal

 10-9    Code, or of a felony under an information or indictment;

10-10                (2)  fails to display a license as required by Section

10-11    6 of this article;

10-12                (3)  fails to notify the department of a change of

10-13    address or name as required by Section 8 of this article;

10-14                (4)  carries a concealed handgun under the authority of

10-15    this article of a different category than the license holder is

10-16    licensed to carry; or

10-17                (5)  [has been charged by indictment with the

10-18    commission of an offense that would make the license holder

10-19    ineligible for a license on conviction; or]

10-20                [(6)]  fails to return a previously issued license

10-21    after a license is modified as required by Section 10(d) of this

10-22    article.

10-23          (c)  A license may be suspended under this section:

10-24                (1)  for 30 days, if the person's license is subject to

10-25    suspension for a reason listed in Subsection (a)(3), (4), or (5) of

10-26    this section, except as provided by Subdivision (3) of this

10-27    subsection;

 11-1                (2)  for 90 days, if the person's license is subject to

 11-2    suspension for a reason listed in Subsection (a)(2) of this

 11-3    section, except as provided by Subdivision (3) of this subsection;

 11-4                (3)  for not less than one year and not more than three

 11-5    years if the person's license is subject to suspension for a reason

 11-6    listed in  Subsection (a) of this section, other than the reason

 11-7    listed in Subsection (a)(1) of this section, and the person's

 11-8    license has been previously suspended for the same reason; or

 11-9                (4)  until dismissal of the charges, if the person's

11-10    license is subject to suspension for the reason listed in

11-11    Subsection (a)(1) of this section.

11-12          SECTION 9.  Section 17(c), Article 4413(29ee), Revised

11-13    Statutes, is amended to read as follows:

11-14          (c)  A qualified handgun instructor may submit to the

11-15    department a written recommendation for disapproval of the

11-16    application for a license, renewal, or modification of a license,

11-17    accompanied by an affidavit stating personal knowledge or naming

11-18    persons with personal knowledge of facts that lead the instructor

11-19    to believe that an applicant is not qualified for handgun

11-20    proficiency certification.  The department may use a written

11-21    recommendation submitted under this subsection as the basis for

11-22    denial of a license only if the department determines that the

11-23    recommendation is made in good faith and is supported by a

11-24    preponderance of the evidence.  The department shall make a

11-25    determination under this subsection not later than the 45th day

11-26    after the date the department receives the written recommendation.

11-27    The 60-day period in which the department must take action under

 12-1    Section 6(b) of this article is extended one day for each day a

 12-2    determination is pending under this subsection.

 12-3          SECTION 10.  Sections 18(c) and (f), Article 4413(29ee),

 12-4    Revised Statutes, are amended to read as follows:

 12-5          (c)  The department shall provide training to an individual

 12-6    who applies for certification as a qualified handgun instructor.

 12-7    An applicant shall pay a fee of $100 to the department for the

 12-8    training.  An applicant must take and successfully complete the

 12-9    training offered by the department and pay the training fee before

12-10    the department may certify the applicant as a qualified handgun

12-11    instructor.  The department shall issue [waive the requirements

12-12    regarding a handgun proficiency certification under Section 17 of

12-13    this article for an applicant for] a license to carry a concealed

12-14    handgun under the authority of this article to any person who is

12-15    certified as a qualified handgun instructor and who pays to the

12-16    department a fee of $100 in addition to [takes and successfully

12-17    completes training under this subsection and pays] the training

12-18    fee.  The department by rule may prorate or waive the training fee

12-19    for an employee of another governmental entity.

12-20          (f)  If the department determines that a reason exists to

12-21    revoke, suspend, or deny a license to carry a concealed handgun

12-22    with respect to a person who is a qualified handgun instructor or

12-23    an applicant for certification as a qualified handgun instructor,

12-24    the department shall take that action against the person's license

12-25    to carry a concealed handgun, if the person is an applicant for or

12-26    the holder of such a license, and the person's certification as a

12-27    qualified handgun instructor [regardless of whether the person has

 13-1    a license issued under this article to carry a concealed handgun].

 13-2          SECTION 11.  Section 31, Article 4413(29ee), Revised

 13-3    Statutes, is amended by amending Subsections (a) and (c) and adding

 13-4    Subsections (d) and (e) to read as follows:

 13-5          (a)  A business that has a permit or license issued under

 13-6    Chapter 25, 28, 32, [or] 69, or 74, Alcoholic Beverage Code, and

 13-7    that derives 51 percent or more of its income from the sale of

 13-8    alcoholic beverages for on-premises consumption as determined by

 13-9    the Texas Alcoholic Beverage Commission under Section 104.06,

13-10    Alcoholic Beverage Code, shall prominently display at each entrance

13-11    to the business premises a sign that complies with the requirements

13-12    of Subsection (c) of this section.

13-13          (c)  The sign required under Subsections (a) and (b) of this

13-14    section must give notice in both English and Spanish that it is

13-15    unlawful for a person licensed under this article to carry a

13-16    handgun on the premises.  The sign must appear in contrasting

13-17    colors with block letters at least one inch in height and must

13-18    include on its face the number "51" printed in solid red at least

13-19    five inches in height.  The sign shall be displayed in a

13-20    conspicuous manner clearly visible to the public.

13-21          (d)  A business that has a permit or license issued under the

13-22    Alcoholic Beverage Code and that is not required to display a sign

13-23    under this section may be required to display a sign under Section

13-24    11.041 or Section 61.11, Alcoholic Beverage Code.

13-25          (e)  This section does not apply to a business that has a

13-26    food and beverage certificate issued under the Alcoholic Beverage

13-27    Code.

 14-1          SECTION 12.  Section 35, Article 4413(29ee), Revised

 14-2    Statutes, is amended to read as follows:

 14-3          Sec. 35.  NONRESIDENT [RECIPROCAL] LICENSE.  (a)  The

 14-4    department by rule shall establish a procedure for a person who is

 14-5    a legal resident of a state that does not provide for the issuance

 14-6    of a license to carry a concealed handgun and who meets the

 14-7    eligibility requirements of this article other than the residency

 14-8    requirement established by Section 2(a)(1) of this article to

 14-9    obtain a license under this article.  The procedure shall include

14-10    payment of a fee in an amount sufficient to recover the average

14-11    cost to the department of obtaining a criminal history record check

14-12    and investigation on a nonresident applicant.

14-13          (b)  The department shall negotiate an agreement with any

14-14    other state that provides for the issuance of a license to carry a

14-15    concealed handgun under which a license issued by the other state

14-16    is recognized in this state [On application by a person who has a

14-17    valid license to carry a concealed handgun issued by another state,

14-18    the department may issue to the person a license under this article

14-19    without requiring that the person meet eligibility requirements or

14-20    pay fees otherwise imposed under this article, but only] if the

14-21    department determines that:

14-22                (1)  the eligibility requirements imposed by the other

14-23    state include background check requirements that meet or exceed

14-24    background check [are at least as rigorous as the] requirements

14-25    imposed by federal law as a condition of receiving a handgun [this

14-26    article]; and

14-27                (2)  the other state recognizes [provides reciprocal

 15-1    licensing privileges to a person who holds] a license issued in

 15-2    [under] this [article and applies for a license in the other]

 15-3    state.

 15-4          SECTION 13.  Chapter 11, Alcoholic Beverage Code, is amended

 15-5    by adding Section 11.041 to read as follows:

 15-6          Sec. 11.041.  WARNING SIGN REQUIRED.  (a)  Each holder of a

 15-7    permit who is not otherwise required to display a sign under

 15-8    Section 31, Article 4413(29ee), Revised Statutes, shall display in

 15-9    a prominent place on the permit holder's premises a sign giving

15-10    notice that it is unlawful for a person to carry a weapon on the

15-11    premises unless the weapon is a concealed handgun of the same

15-12    category the person is licensed to carry under Article 4413(29ee),

15-13    Revised Statutes.

15-14          (b)  The sign must be at least 6 inches high and 14 inches

15-15    wide, must appear in contrasting colors, and shall be displayed in

15-16    a conspicuous manner clearly visible to the public.  The commission

15-17    or administrator may require the permit holder to also display the

15-18    sign in a language other than English if it can be observed or

15-19    determined that a substantial portion of the expected customers

15-20    speak the other language as their familiar language.

15-21          SECTION 14.  Section 11.61(e), Alcoholic Beverage Code, is

15-22    amended to read as follows:

15-23          (e)  Except as provided by Subsection (f), the commission or

15-24    administrator shall cancel an original or renewal permit if it is

15-25    found, after notice and hearing, that the permittee knowingly

15-26    allowed a person to possess a firearm in a building on the licensed

15-27    premises.  This subsection does not apply to a person:

 16-1                (1)  who holds a security officer commission issued by

 16-2    the Texas Board of Private Investigators and Private Security

 16-3    Agencies, if:

 16-4                      (A)  the person is engaged in the performance of

 16-5    the person's duties as a security officer;

 16-6                      (B)  the person is wearing a distinctive uniform;

 16-7    and

 16-8                      (C)  the weapon is in plain view;

 16-9                (2)  who is a peace officer; [or]

16-10                (3)  who is a permittee or an employee of a permittee

16-11    if the person is supervising the operation of the premises; or

16-12                (4)  who possesses a concealed handgun of the same

16-13    category the person is licensed to carry under Article 4413(29ee),

16-14    Revised Statutes, unless the person is on the premises of a

16-15    business described by Section 46.035(b)(1), Penal Code.

16-16          SECTION 15.  Section 61.11, Alcoholic Beverage Code, is

16-17    amended to read as follows:

16-18          Sec. 61.11.  Warning Sign Required.  (a)  Each holder of a

16-19    license who is not otherwise required to display a sign under

16-20    Section 31, Article 4413(29ee), Revised Statutes, shall display in

16-21    a prominent place on the license holder's [his] premises a sign

16-22    giving notice that it is unlawful for a person to carry a weapon on

16-23    the premises unless the weapon is a concealed handgun of the same

16-24    category the person is licensed to carry under Article 4413(29ee),

16-25    Revised Statutes.

16-26          (b)  The sign must be [,] at least 6 inches high and 14

16-27    inches wide, must appear in contrasting colors, and shall be

 17-1    displayed in a conspicuous manner clearly visible to the public

 17-2    [stating:  FELONY.  STATE LAW PRESCRIBES A MAXIMUM PENALTY OF TEN

 17-3    YEARS' IMPRISONMENT AND A FINE NOT TO EXCEED $5,000 FOR CARRYING

 17-4    WEAPONS WHERE ALCOHOLIC BEVERAGES ARE SOLD, SERVED, OR CONSUMED].

 17-5    The commission or administrator may require the holder of the

 17-6    license to also display the sign in a language other than English

 17-7    if it can be observed or determined that a substantial portion of

 17-8    the expected customers speak the other language as their familiar

 17-9    language.

17-10          [(b)  A licensee who violates this section commits a

17-11    misdemeanor punishable by a fine of not more than $25.]

17-12          SECTION 16.  Section 61.71(f), Alcoholic Beverage Code, is

17-13    amended to read as follows:

17-14          (f)  Except as provided by Subsection (g), the commission or

17-15    administrator shall cancel an original or renewal dealer's

17-16    on-premises or off-premises license if it is found, after notice

17-17    and hearing, that the licensee knowingly allowed a person to

17-18    possess a firearm in a building on the licensed premises.  This

17-19    subsection does not apply to a person:

17-20                (1)  who holds a security officer commission issued by

17-21    the Texas Board of Private Investigators and Private Security

17-22    Agencies, if:

17-23                      (A)  the person is engaged in the performance of

17-24    the person's duties as a security officer;

17-25                      (B)  the person is wearing a distinctive uniform;

17-26    and

17-27                      (C)  the weapon is in plain view;

 18-1                (2)  who is a peace officer; [or]

 18-2                (3)  who is a licensee or an employee of a licensee if

 18-3    the person is supervising the operation of the premises; or

 18-4                (4)  who possesses a concealed handgun of the same

 18-5    category the person is licensed to carry under Article 4413(29ee),

 18-6    Revised Statutes, unless the person is on the premises of a

 18-7    business described by Section 46.035(b)(1), Penal Code.

 18-8          SECTION 17.  Chapter 104, Alcoholic Beverage Code, is amended

 18-9    by adding Section 104.06 to read as follows:

18-10          Sec. 104.06.  MONITORING OF GROSS RECEIPTS.  (a)  On the

18-11    issuance and renewal of a license or permit that allows on-premises

18-12    consumption of any alcoholic beverage the commission shall

18-13    determine whether the holder receives, or for the issuance of a

18-14    license or permit is to receive, 51 percent or more of the gross

18-15    receipts of the premises for which the license or permit is issued

18-16    from the holder's sale or service of alcoholic beverages for

18-17    on-premises consumption.

18-18          (b)  The commission shall:

18-19                (1)  adopt rules for making a determination under

18-20    Subsection (a); and

18-21                (2)  require a holder of a license or permit to provide

18-22    any information or document that the commission needs to make a

18-23    determination.

18-24          (c)  If the commission makes a determination under Subsection

18-25    (a) that a holder of a license or permit receives 51 percent or

18-26    more of the gross receipts of the premises from the sale or service

18-27    of alcoholic beverages, the holder shall comply with the

 19-1    requirements of Section 31, Article 4413(29ee), Revised Statutes,

 19-2    and shall continue to comply with those requirements until the

 19-3    commission determines that the holder receives less than 51 percent

 19-4    of the gross receipts of the premises from the sale or service of

 19-5    alcoholic beverages for on-premises consumption.

 19-6          SECTION 18.  Section 12.092(b), Health and Safety Code, as

 19-7    added by Chapter 165, Acts of the 74th Legislature, Regular

 19-8    Session, 1995, is amended to read as follows:

 19-9          (b)  The medical advisory board shall assist the Department

19-10    of Public Safety of the State of Texas in determining whether:

19-11                (1)  an applicant for a driver's license or a license

19-12    holder is capable of safely operating a motor vehicle; or

19-13                (2)  an applicant for or holder of a license to carry a

19-14    concealed handgun under the authority of Article 4413(29ee),

19-15    Revised Statutes, is capable of exercising sound judgment with

19-16    respect to the proper use and storage of a handgun.

19-17          SECTION 19.  Sections 12.095(a), (c), and (d), Health and

19-18    Safety Code, as added by Chapter 165, Acts of the 74th Legislature,

19-19    Regular Session, 1995, are amended to read as follows:

19-20          (a)  If the Department of Public Safety of the State of Texas

19-21    requests an opinion or recommendation from the medical advisory

19-22    board as to the ability of an applicant or license holder to

19-23    operate a motor vehicle safely or to exercise sound judgment with

19-24    respect to the proper use and storage of a handgun, the

19-25    commissioner or a person designated by the commissioner shall

19-26    convene a panel to consider the case or question submitted by that

19-27    department.

 20-1          (c)  Each panel member shall prepare an individual

 20-2    independent written report for the Department of Public Safety of

 20-3    the State of Texas that states the member's opinion as to the

 20-4    ability of the applicant or license holder to operate a motor

 20-5    vehicle safely or to exercise sound judgment with respect to the

 20-6    proper use and storage of a handgun, as appropriate.  In the report

 20-7    the panel member may also make recommendations relating to that

 20-8    department's subsequent action.

 20-9          (d)  In its deliberations, a panel may examine any medical

20-10    record or report that contains material that may be relevant to the

20-11    ability of the applicant or license holder [to operate a motor

20-12    vehicle safely].

20-13          SECTION 20.  Chapter 30, Penal Code, is amended by adding

20-14    Section 30.06 to read as follows:

20-15          Sec. 30.06.  TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED

20-16    HANDGUN.  (a)  A license holder commits an offense if the license

20-17    holder:

20-18                (1)  carries a handgun under the authority of Article

20-19    4413(29ee), Revised Statutes, on property of another without

20-20    effective consent; and

20-21                (2)  received notice that:

20-22                      (A)  entry on the property by a license holder

20-23    with a concealed handgun was forbidden; or

20-24                      (B)  remaining on the property with a concealed

20-25    handgun was forbidden and failed to depart.

20-26          (b)  For purposes of this section, a person receives notice

20-27    if the owner of the property or someone with apparent authority to

 21-1    act for the owner provides notice to the person by oral and written

 21-2    communication.

 21-3          (c)  In this section:

 21-4                (1)  "Entry" has the meaning assigned by Section

 21-5    30.05(b).

 21-6                (2)  "License holder" has the meaning assigned by

 21-7    Section 46.035(f).

 21-8          (d)  An offense under this section is a Class A misdemeanor.

 21-9          SECTION 21.  Section 46.02, Penal Code, is amended to read as

21-10    follows:

21-11          Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person

21-12    commits an offense if he intentionally, knowingly, or recklessly

21-13    carries on or about his person a handgun, illegal knife, or club.

21-14          (b)  [It is a defense to prosecution under this section that

21-15    the actor was, at the time of the commission of the offense:]

21-16                [(1)  in the actual discharge of his official duties as

21-17    a member of the armed forces or state military forces as defined by

21-18    Section 431.001, Government Code, or as a guard employed by a penal

21-19    institution;]

21-20                [(2)  on his own premises or premises under his control

21-21    unless he is an employee or agent of the owner of the premises and

21-22    his primary responsibility is to act in the capacity of a security

21-23    guard to protect persons or property, in which event he must comply

21-24    with Subdivision (5);]

21-25                [(3)  traveling;]

21-26                [(4)  engaging in lawful hunting, fishing, or other

21-27    sporting activity on the immediate premises where the activity is

 22-1    conducted, or was directly en route between the premises and the

 22-2    actor's residence, if the weapon is a type commonly used in the

 22-3    activity;]

 22-4                [(5)  a person who holds a security officer commission

 22-5    issued by the Texas Board of Private Investigators and Private

 22-6    Security Agencies, if:]

 22-7                      [(A)  he is engaged in the performance of his

 22-8    duties as a security officer or traveling to and from his place of

 22-9    assignment;]

22-10                      [(B)  he is wearing a distinctive uniform; and]

22-11                      [(C)  the weapon is in plain view; or]

22-12                [(7)  carrying a concealed handgun and a valid license

22-13    issued under Article 4413(29ee), Revised Statutes, to carry a

22-14    concealed handgun of the same category as the handgun the person is

22-15    carrying.]

22-16                [(7)  a person who holds a security officer commission

22-17    and a personal protection authorization issued by the Texas Board

22-18    of Private Investigators and Private Security Agencies and who is

22-19    providing personal protection under the Private Investigators and

22-20    Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

22-21    Civil Statutes).]

22-22                [(7)  a holder of an alcoholic beverage permit or

22-23    license or an employee of a holder of an alcoholic beverage permit

22-24    or license if the actor is supervising the operation of the

22-25    permitted or licensed premises.]

22-26          [(c)  It is a defense to prosecution under this section for

22-27    the offense of carrying a club that the actor was, at the time of

 23-1    the commission of the offense, a noncommissioned security guard at

 23-2    an institution of higher education who carried a nightstick or

 23-3    similar club, and who had undergone 15 hours of training in the

 23-4    proper use of the club, including at least seven hours of training

 23-5    in the use of the club for nonviolent restraint.  For the purposes

 23-6    of this section, "nonviolent restraint" means the use of reasonable

 23-7    force, not intended and not likely to inflict bodily injury.]

 23-8          [(d)  It is a defense to prosecution under this section for

 23-9    the offense of carrying a firearm or carrying a club that the actor

23-10    was, at the time of the commission of the offense, a public

23-11    security officer employed by the adjutant general under Section

23-12    431.029, Government Code, and was performing official duties or

23-13    traveling to or from a place of duty.]

23-14          [(e)]  Except as provided by Subsection (c) [(f)], an offense

23-15    under this section is a Class A misdemeanor.

23-16          (c) [(f)]  An offense under this section is a felony of the

23-17    third degree if the offense is committed on any premises licensed

23-18    or issued a permit by this state for the sale of alcoholic

23-19    beverages.

23-20          SECTION 22.  Sections 46.03(b) and (c), Penal Code, are

23-21    amended to read as follows:

23-22          (b)  It is a defense to prosecution under Subsections

23-23    (a)(1)-(4) that the actor possessed a firearm while in the actual

23-24    discharge of his official duties as a [peace officer or a] member

23-25    of the armed forces or national guard or a guard employed by a

23-26    penal institution, or an officer of the court.

23-27          (c)  In this section:

 24-1                (1)  "Premises" has the meaning assigned by Section

 24-2    46.035.

 24-3                (2)  "Secured ["secured] area" means an area of an

 24-4    airport terminal building to which access is controlled by the

 24-5    inspection of persons and property under federal law.

 24-6          SECTION 23.  Section 46.035(b), Penal Code, is amended to

 24-7    read as follows:

 24-8          (b)  A license holder commits an offense if the license

 24-9    holder intentionally, knowingly, or recklessly carries a handgun

24-10    under the authority of Article 4413(29ee), Revised Statutes,

24-11    regardless of whether the handgun is concealed, on or about the

24-12    license holder's person:

24-13                (1)  on the premises of a business that has a permit or

24-14    license issued under Chapter 25, 28, 32, [or] 69, or 74, Alcoholic

24-15    Beverage Code, if the business derives 51 percent or more of its

24-16    income from the sale or service of alcoholic beverages for

24-17    on-premises consumption, as determined by the Texas Alcoholic

24-18    Beverage Commission under Section 104.06, Alcoholic Beverage Code;

24-19                (2)  on the premises where a high school, collegiate,

24-20    or professional sporting event or interscholastic event is taking

24-21    place, unless the license holder is a participant in the event and

24-22    a handgun is used in the event;

24-23                (3)  on the premises of a correctional facility;

24-24                (4)  on the premises of a hospital licensed under

24-25    Chapter 241, Health and Safety Code, or on the premises of a

24-26    nursing home licensed under Chapter 242, Health and Safety Code,

24-27    unless the license holder has written authorization of the hospital

 25-1    or nursing home administration, as appropriate;

 25-2                (5)  in an amusement park; or

 25-3                (6)  on the premises of a church, synagogue, or other

 25-4    established place of religious worship.

 25-5          SECTION 24.  Section 46.15, Penal Code, is amended to read as

 25-6    follows:

 25-7          Sec. 46.15.  NONAPPLICABILITY [TO PEACE OFFICERS].

 25-8    (a)  Sections 46.02 and 46.03 do not apply to peace officers and

 25-9    neither section prohibits a peace officer from carrying a weapon in

25-10    this state, regardless of whether the officer is engaged in the

25-11    actual discharge of the officer's duties while carrying the weapon.

25-12          (b)  Section 46.02 does not apply to a person who:

25-13                (1)  is in the actual discharge of official duties as a

25-14    member of the armed forces or state military forces as defined by

25-15    Section 431.001, Government Code, or as a guard employed by a penal

25-16    institution;

25-17                (2)  is on the person's own premises or premises under

25-18    the person's control unless the person is an employee or agent of

25-19    the owner of the premises and the person's primary responsibility

25-20    is to act in the capacity of a security guard to protect persons or

25-21    property, in which event the person must comply with Subdivision

25-22    (5);

25-23                (3)  is traveling;

25-24                (4)  is engaging in lawful hunting, fishing, or other

25-25    sporting activity on the immediate premises where the activity is

25-26    conducted, or is directly en route between the premises and the

25-27    actor's residence, if the weapon is a type commonly used in the

 26-1    activity;

 26-2                (5)  holds a security officer commission issued by the

 26-3    Texas Board of Private Investigators and Private Security Agencies,

 26-4    if:

 26-5                      (A)  the person is engaged in the performance of

 26-6    the person's duties as a security officer or traveling to and from

 26-7    the person's place of assignment;

 26-8                      (B)  the person is wearing a distinctive uniform;

 26-9    and

26-10                      (C)  the weapon is in plain view;

26-11                (6)  is carrying a concealed handgun and a valid

26-12    license issued under Article 4413(29ee), Revised Statutes, to carry

26-13    a concealed handgun of the same category as the handgun the person

26-14    is carrying;

26-15                (7)  holds a security officer commission and a personal

26-16    protection authorization issued by the Texas Board of Private

26-17    Investigators and Private Security Agencies and who is providing

26-18    personal protection under the Private Investigators and Private

26-19    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

26-20    Statutes); or

26-21                (8)  holds an alcoholic beverage permit or license or

26-22    is an employee of a holder of an alcoholic beverage permit or

26-23    license if the person is supervising the operation of the permitted

26-24    or licensed premises.

26-25          (c)  The provision of Section 46.02 prohibiting the carrying

26-26    of a club does not apply to a noncommissioned security guard at an

26-27    institution of higher education who carries a nightstick or similar

 27-1    club, and who has undergone 15 hours of training in the proper use

 27-2    of the club, including at least seven hours of training in the use

 27-3    of the club for nonviolent restraint.  For the purposes of this

 27-4    subsection, "nonviolent restraint" means the use of reasonable

 27-5    force, not intended and not likely to inflict bodily injury.

 27-6          (d)  The provisions of Section 46.02 prohibiting the carrying

 27-7    of a firearm or carrying of a club do not apply to a public

 27-8    security officer employed by the adjutant general under Section

 27-9    431.029, Government Code, in performance of official duties or

27-10    while traveling to or from a place of duty.

27-11          SECTION 25.  Section 1(10), Article 4413(29ee), Revised

27-12    Statutes, is repealed.

27-13          SECTION 26.  (a)  The changes in law made by this Act in

27-14    repealing Section 1(10), Article 4413(29ee), Revised Statutes,

27-15    adding Section 2(d), Article 4413(29ee), Revised Statutes, and

27-16    amending Sections 12.092 and 12.095, Health and Safety Code, as

27-17    added by Chapter 165, Acts of the 74th Legislature, Regular

27-18    Session, 1995, apply only to a person's initial application for a

27-19    license to carry a concealed handgun under Article 4413(29ee),

27-20    Revised Statutes, if the application is made on or after the

27-21    effective date of this Act.  A person who makes an initial

27-22    application for a license to carry a concealed handgun under

27-23    Article 4413(29ee), Revised Statutes, before the effective date of

27-24    this Act is covered by the law that existed when the application

27-25    was made, and the former law is continued in effect for that

27-26    purpose.

27-27          (b)  The changes in law made by this Act in repealing Section

 28-1    1(10), Article 4413(29ee), Revised Statutes, adding Section 2(d),

 28-2    Article 4413(29ee), Revised Statutes, and amending Sections 12.092

 28-3    and 12.095, Health and Safety Code, as added by Chapter 165, Acts

 28-4    of the 74th Legislature, Regular Session, 1995, regarding the

 28-5    revocation of a license to carry a handgun, apply to any revocation

 28-6    proceeding initiated on or after the effective date of this Act.

 28-7          SECTION 27.  Not later than September 1, 1998, a person who

 28-8    before the effective date of this Act was licensed to carry a

 28-9    concealed handgun under Article 4413(29ee), Revised Statutes, and

28-10    whose license was revoked on the sole basis that the person was

28-11    charged with the commission of a Class A or Class B misdemeanor or

28-12    an offense under Section 42.01, Penal Code, or a felony under an

28-13    information or indictment may apply to the department to change the

28-14    status of the person's license in accordance with Sections 12 and

28-15    13, Article 4413(29ee), Revised Statutes, as amended by this Act.

28-16    The Department of Public Safety shall promptly place the person's

28-17    license on suspension, if the charges against the person are still

28-18    pending, or reinstate the person's license, if the charges against

28-19    the person have been dismissed.

28-20          SECTION 28.  Not later than December 1, 1997, the Department

28-21    of Public Safety shall establish the procedure and shall commence

28-22    any negotiation required by Section 35, Article 4413(29ee), Revised

28-23    Statutes, as amended by this Act.

28-24          SECTION 29.  (a)  The Texas Alcoholic Beverage Commission

28-25    shall:

28-26                (1)  not later than October 1, 1997, adopt the rules

28-27    required by Section 104.06, Alcoholic Beverage Code, as added by

 29-1    this Act; and

 29-2                (2)  at the time of the issuance or the first renewal

 29-3    of a license or permit under the Alcoholic Beverage Code, that

 29-4    allows on-premises consumption of any alcoholic beverage and that

 29-5    occurs on or after October 1, 1997, make the initial determination

 29-6    required by Section 104.06, Alcoholic Beverage Code, as added by

 29-7    this Act.

 29-8          (b)  The change in law made by this Act to Section 31,

 29-9    Article 4413(29ee), Revised Statutes, applies only to the display

29-10    of a sign on or after the date the Texas Alcoholic Beverage

29-11    Commission makes an initial determination under Section 104.06,

29-12    Alcoholic Beverage Code, as added by this Act, in accordance with

29-13    Subsection (a)(2) of this section, with respect to the holder of a

29-14    license or permit who conducts business on the premises for which

29-15    the determination is made.

29-16          (c)  The change in law made by this Act to Section 46.035,

29-17    Penal Code, relating to the Texas Alcoholic Beverage Commission's

29-18    determination of the percentage of income derived from the sale or

29-19    service of alcoholic beverages for on-premises consumption applies

29-20    only to an offense committed on or after October 1, 1998.  For

29-21    purposes of this section, an offense is committed before October 1,

29-22    1998, if any element of the offense occurs before that date.

29-23          SECTION 30.  The changes in law made by this Act to Sections

29-24    46.02, 46.03, and 46.15, Penal Code, apply only to an offense

29-25    committed on or after the effective date of this Act.  An offense

29-26    committed before the effective date of this Act is covered by the

29-27    law in effect when the offense was committed, and the former law is

 30-1    continued in effect for that purpose.  For purposes of this

 30-2    section, an offense was committed before the effective date of this

 30-3    Act if any element of the offense occurred before that date.

 30-4          SECTION 31.  This Act takes effect September 1, 1997.

 30-5          SECTION 32.  The importance of this legislation and the

 30-6    crowded condition of the calendars in both houses create an

 30-7    emergency and an imperative public necessity that the

 30-8    constitutional rule requiring bills to be read on three several

 30-9    days in each house be suspended, and this rule is hereby suspended.