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.