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 1(4), Article 4413(29ee), Revised
1-7 Statutes, is amended to read as follows:
1-8 (4) "Convicted" means an adjudication of guilt or an
1-9 order of deferred adjudication entered against a person by a court
1-10 of competent jurisdiction whether or not[:]
1-11 [(A)] the imposition of the sentence is
1-12 subsequently probated and the person is discharged from community
1-13 supervision. The term does not include an adjudication of guilt or
1-14 an order of deferred adjudication which has been subsequently:
1-15 (A) expunged; or
1-16 (B) pardoned under the authority of a state or
1-17 federal official.[; or]
1-18 [(B) the person is pardoned for the offense,
1-19 unless the pardon is expressly granted for subsequent proof of
1-20 innocence.]
1-21 SECTION 2. Section 2(a), Article 4413(29ee), Revised
1-22 Statutes, is amended to read as follows:
1-23 (a) A person is eligible for a license to carry a concealed
1-24 handgun if the person:
2-1 (1) is a legal resident of this state for the
2-2 six-month period preceding the date of application under this
2-3 article or is otherwise eligible for a license under Section 35(a)
2-4 of this article;
2-5 (2) is at least 21 years of age;
2-6 (3) has not been convicted of a felony;
2-7 (4) is not charged with the commission of a Class A or
2-8 Class B misdemeanor or an offense under Section 42.01, Penal Code,
2-9 or of a felony under an information or indictment;
2-10 (5) is not a fugitive from justice for a felony or a
2-11 Class A or Class B misdemeanor;
2-12 (6) is not a chemically dependent person;
2-13 (7) is not incapable of exercising sound judgment with
2-14 respect to the proper use and storage of a handgun [a person of
2-15 unsound mind];
2-16 (8) has not, in the five years preceding the date of
2-17 application, been convicted of a Class A or Class B misdemeanor or
2-18 an offense under Section 42.01, Penal Code;
2-19 (9) is fully qualified under applicable federal and
2-20 state law to purchase a handgun;
2-21 (10) has not been finally determined to be delinquent
2-22 in making a child support payment administered or collected by the
2-23 attorney general;
2-24 (11) has not been finally determined to be delinquent
2-25 in the payment of a tax or other money collected by the
2-26 comptroller, state treasurer, tax collector of a political
2-27 subdivision of the state, Texas Alcoholic Beverage Commission, or
3-1 any other agency or subdivision of the state;
3-2 (12) has not been finally determined to be in default
3-3 on a loan made under Chapter 57, Education Code;
3-4 (13) is not currently restricted under a court
3-5 protective order or subject to a restraining order affecting the
3-6 spousal relationship, not including a restraining order solely
3-7 affecting property interests;
3-8 (14) has not, in the 10 years preceding the date of
3-9 application, been adjudicated as having engaged in delinquent
3-10 conduct violating a penal law of the grade of felony; and
3-11 (15) has not made any material misrepresentation, or
3-12 failed to disclose any material fact, in an application submitted
3-13 pursuant to Section 3 of this article or in a request for
3-14 application submitted pursuant to Section 4 of this article.
3-15 SECTION 3. Section 2, Article 4413(29ee), Revised Statutes,
3-16 is amended by adding Subsection (d) to read as follows:
3-17 (d)(1) For purposes of Subsection (a)(7) of this section, a
3-18 person is incapable of exercising sound judgment with respect to
3-19 the proper use and storage of a handgun if:
3-20 (A) the person has been diagnosed by a licensed
3-21 physician as suffering from a psychiatric disorder or condition
3-22 that causes or is likely to cause substantial impairment in
3-23 judgment, mood, perception, impulse control, or intellectual
3-24 ability;
3-25 (B) the person suffers from a psychiatric
3-26 disorder or condition described by Paragraph (A) of this
3-27 subdivision that:
4-1 (i) is in remission but is reasonably
4-2 likely to redevelop at a future time; or
4-3 (ii) requires continuous medical treatment
4-4 to avoid redevelopment;
4-5 (C) the person has been diagnosed by a licensed
4-6 physician or declared by a court to be incompetent to manage the
4-7 person's own affairs; or
4-8 (D) the person has entered in any criminal
4-9 proceeding a plea of not guilty by reason of insanity.
4-10 (2) The following are evidence that a person has a
4-11 psychiatric disorder or condition described by Subdivision (1)(A)
4-12 of this subsection:
4-13 (A) involuntary psychiatric hospitalization in
4-14 the preceding five-year period;
4-15 (B) psychiatric hospitalization in the preceding
4-16 two-year period;
4-17 (C) inpatient or residential substance abuse
4-18 treatment in the preceding five-year period;
4-19 (D) diagnosis in the preceding five-year period
4-20 by a licensed physician that the person is dependent on alcohol, a
4-21 controlled substance, or a similar substance; or
4-22 (E) diagnosis at any time by a licensed
4-23 physician that the person suffers or has suffered from a
4-24 psychiatric disorder or condition consisting of or relating to:
4-25 (i) schizophrenia or delusional disorder;
4-26 (ii) bipolar disorder;
4-27 (iii) chronic dementia, whether caused by
5-1 illness, brain defect, or brain injury;
5-2 (iv) dissociative identity disorder;
5-3 (v) intermittent explosive disorder; or
5-4 (vi) antisocial personality disorder.
5-5 (3) Notwithstanding Subdivision (1), a person who has
5-6 previously been diagnosed as suffering from a psychiatric disorder
5-7 or condition described by Subdivision (1) or listed in Subdivision
5-8 (2) is not because of that disorder or condition incapable of
5-9 exercising sound judgment with respect to the proper use and
5-10 storage of a handgun if the person provides the department with a
5-11 certificate from a licensed physician whose primary practice is in
5-12 the field of psychiatry stating that the psychiatric disorder or
5-13 condition is in remission and is not reasonably likely to develop
5-14 at a future time.
5-15 SECTION 4. Section 3(a), Article 4413(29ee), Revised
5-16 Statutes, is amended to read as follows:
5-17 (a) An applicant for a license to carry a concealed handgun
5-18 must submit to the director's designee described by Section 5 of
5-19 this article:
5-20 (1) a completed application on a form provided by the
5-21 department that requires only the information listed in Subsection
5-22 (b) of this section;
5-23 (2) two recent color passport photographs of the
5-24 applicant;
5-25 (3) a certified copy of the applicant's birth
5-26 certificate or certified proof of age;
5-27 (4) proof of residency in this state;
6-1 (5) two complete sets of legible and classifiable
6-2 fingerprints of the applicant taken by a person [employed by a law
6-3 enforcement agency who is] appropriately trained in recording
6-4 fingerprints who is employed by a law enforcement agency or by a
6-5 private entity designated by a law enforcement agency as an entity
6-6 qualified to take fingerprints of an applicant for a license under
6-7 this article;
6-8 (6) a nonrefundable application and license fee of
6-9 $140 paid to the department;
6-10 (7) a handgun proficiency certificate described by
6-11 Section 17 of this article;
6-12 (8) an affidavit signed by the applicant stating that
6-13 the applicant:
6-14 (A) has read and understands each provision of
6-15 this article that creates an offense under the laws of this state
6-16 and each provision of the laws of this state related to use of
6-17 deadly force; and
6-18 (B) fulfills all the eligibility requirements
6-19 listed under Section 2 of this article; and
6-20 (9) a form executed by the applicant that authorizes
6-21 the director to make an inquiry into any noncriminal history
6-22 records that are necessary to determine the applicant's eligibility
6-23 for a license under Section 2(a) of this article.
6-24 SECTION 5. Section 5(b), Article 4413(29ee), Revised
6-25 Statutes, is amended to read as follows:
6-26 (b) The director's designee as needed shall conduct an
6-27 additional criminal history record check of the applicant and an
7-1 investigation of the applicant's local official records to verify
7-2 the accuracy of the application materials. The scope of the record
7-3 check and the investigation are at the sole discretion of the
7-4 department, except that the director's designee shall complete the
7-5 record check and investigation not later than 60 days after the
7-6 date the department receives the application materials. The
7-7 department shall send a fingerprint card to the Federal Bureau of
7-8 Investigation for a national criminal history check of the
7-9 applicant. On completion of the investigation, the director's
7-10 designee shall return all materials and the result of the
7-11 investigation to the appropriate division of the department at its
7-12 Austin headquarters. The director's designee may submit to the
7-13 appropriate division of the department, at the department's Austin
7-14 headquarters, along with the application materials a written
7-15 recommendation for disapproval of the application, accompanied by
7-16 an affidavit stating personal knowledge or naming persons with
7-17 personal knowledge of a ground for denial under Section 2 of this
7-18 article. The director's designee in the appropriate geographical
7-19 area may also submit the application and the recommendation that
7-20 the license be issued. On receipt at the department's Austin
7-21 headquarters of the application materials and the result of the
7-22 investigation by the director's designee, the department shall
7-23 conduct any further record check or investigation the department
7-24 determines is necessary in the event that a question exists with
7-25 respect to the accuracy of the application materials or the
7-26 eligibility of the applicant, except that the department shall
7-27 complete the record check and investigation not later than 180 days
8-1 after the date the department receives the application materials
8-2 from the applicant.
8-3 SECTION 6. Section 6(b), Article 4413(29ee), Revised
8-4 Statutes, is amended to read as follows:
8-5 (b)[(1)] Not [After January 1, 1997, the department, not]
8-6 later than the 60th day after the date of the receipt by the
8-7 director's designee of the completed application materials, the
8-8 department shall:
8-9 (1) [(A)] issue the license; [or]
8-10 (2) [(B)] notify the applicant in writing that the
8-11 application was denied:
8-12 (A) [(i)] on the grounds that the applicant
8-13 failed to qualify under the criteria listed in Section 2 of this
8-14 article;
8-15 (B) [(ii)] based on the affidavit of the
8-16 director's designee submitted to the department under Section 5(b)
8-17 of this article; or
8-18 (C) [(iii)] based on the affidavit of the
8-19 qualified handgun instructor submitted to the department under
8-20 Section 17(c) of this article; or
8-21 (3) notify the applicant in writing that the
8-22 department is unable to make a determination regarding the issuance
8-23 or denial of a license to the applicant within the 60-day period
8-24 prescribed by this subsection and include in that notification an
8-25 explanation of the reason for the inability and an estimation of
8-26 the amount of time the department will need to make the
8-27 determination.
9-1 [(2) Between the effective date of this article and
9-2 December 31, 1996, the department shall perform the duties set out
9-3 in this subsection not later than the 90th day after the date of
9-4 the receipt by the director's designee of the completed application
9-5 materials.]
9-6 SECTION 7. Sections 6(g), (h), and (i), Article 4413(29ee),
9-7 Revised Statutes, are amended and relettered to read as follows:
9-8 (g) [On a demand by a magistrate or a peace officer that a
9-9 license holder display the license holder's handgun license, the
9-10 license holder shall display both the license and the license
9-11 holder's driver's license or identification certificate issued by
9-12 the department.]
9-13 [(h)] If a license holder is carrying a handgun on or about
9-14 the license holder's person when a magistrate or a peace officer
9-15 demands that the license holder display identification, the license
9-16 holder shall display both the license holder's driver's license or
9-17 identification certificate issued by the department and the license
9-18 holder's handgun license. A person who fails or refuses to display
9-19 the license and identification as required by this subsection is
9-20 subject to suspension of the person's license as provided by
9-21 Section 13 of this article.
9-22 (h) [(i)] A person commits an offense if the person fails or
9-23 refuses to display the license and identification as required by
9-24 Subsection (g) [or (h)] of this section after previously having had
9-25 the person's license suspended for a violation of that subsection.
9-26 An offense under this subsection is a Class B misdemeanor.
9-27 SECTION 8. Section 12(a), Article 4413(29ee), Revised
10-1 Statutes, is amended to read as follows:
10-2 (a) A license may be revoked under this section if the
10-3 license holder:
10-4 (1) was not entitled to the license at the time it was
10-5 issued;
10-6 (2) gave false information on the application;
10-7 (3) subsequently becomes ineligible for a license
10-8 under Section 2 of this article, unless the sole basis for the
10-9 ineligibility is that the license holder is charged with the
10-10 commission of a Class A or Class B misdemeanor or an offense under
10-11 Section 42.01, Penal Code, or of a felony under an information or
10-12 indictment; [or]
10-13 (4) is convicted of an offense under Section 46.035,
10-14 Penal Code; or
10-15 (5) is determined by the department to have engaged in
10-16 conduct constituting a reason to suspend a license listed in
10-17 Section 13(a) of this article after the person's license has been
10-18 previously suspended twice for the same reason.
10-19 SECTION 9. Sections 13(a) and (c), Article 4413(29ee),
10-20 Revised Statutes, are amended to read as follows:
10-21 (a) A license may be suspended under this section if the
10-22 license holder:
10-23 (1) is charged with the commission of a Class A or
10-24 Class B misdemeanor or an offense [convicted of disorderly conduct
10-25 punishable as a Class C misdemeanor] under Section 42.01, Penal
10-26 Code, or of a felony under an information or indictment;
10-27 (2) fails to display a license as required by Section
11-1 6 of this article;
11-2 (3) fails to notify the department of a change of
11-3 address or name as required by Section 8 of this article;
11-4 (4) carries a concealed handgun under the authority of
11-5 this article of a different category than the license holder is
11-6 licensed to carry; or
11-7 (5) [has been charged by indictment with the
11-8 commission of an offense that would make the license holder
11-9 ineligible for a license on conviction; or]
11-10 [(6)] fails to return a previously issued license
11-11 after a license is modified as required by Section 10(d) of this
11-12 article.
11-13 (c) A license may be suspended under this section:
11-14 (1) for 30 days, if the person's license is subject to
11-15 suspension for a reason listed in Subsection (a)(3), (4), or (5) of
11-16 this section, except as provided by Subdivision (3) of this
11-17 subsection;
11-18 (2) for 90 days, if the person's license is subject to
11-19 suspension for a reason listed in Subsection (a)(2) of this
11-20 section, except as provided by Subdivision (3) of this subsection;
11-21 (3) for not less than one year and not more than three
11-22 years if the person's license is subject to suspension for a reason
11-23 listed in Subsection (a) of this section, other than the reason
11-24 listed in Subsection (a)(1) of this section, and the person's
11-25 license has been previously suspended for the same reason; or
11-26 (4) until dismissal of the charges, if the person's
11-27 license is subject to suspension for the reason listed in
12-1 Subsection (a)(1) of this section.
12-2 SECTION 10. Section 16(a), Article 4413(29ee), Revised
12-3 Statutes, is amended to read as follows:
12-4 (a) The director shall by rule establish minimum standards
12-5 for handgun proficiency and shall develop a course to teach handgun
12-6 proficiency and examinations to measure handgun proficiency. The
12-7 course to teach handgun proficiency must contain training sessions
12-8 divided into two parts. One part of the course must be classroom
12-9 instruction and the other part must be range instruction and an
12-10 actual demonstration by the applicant of the applicant's ability to
12-11 safely and proficiently use the category of handgun for which the
12-12 applicant seeks certification. An applicant may not be certified
12-13 unless the applicant demonstrates, at a minimum, the degree of
12-14 proficiency that is required to effectively operate a [9-millimeter
12-15 or .38-caliber] handgun of .32 caliber or above. The department
12-16 shall distribute the standards, course requirements, and
12-17 examinations on request to any qualified handgun instructor.
12-18 SECTION 11. Section 17(c), Article 4413(29ee), Revised
12-19 Statutes, is amended to read as follows:
12-20 (c) A qualified handgun instructor may submit to the
12-21 department a written recommendation for disapproval of the
12-22 application for a license, renewal, or modification of a license,
12-23 accompanied by an affidavit stating personal knowledge or naming
12-24 persons with personal knowledge of facts that lead the instructor
12-25 to believe that an applicant is not qualified for handgun
12-26 proficiency certification. The department may use a written
12-27 recommendation submitted under this subsection as the basis for
13-1 denial of a license only if the department determines that the
13-2 recommendation is made in good faith and is supported by a
13-3 preponderance of the evidence. The department shall make a
13-4 determination under this subsection not later than the 45th day
13-5 after the date the department receives the written recommendation.
13-6 The 60-day period in which the department must take action under
13-7 Section 6(b) of this article is extended one day for each day a
13-8 determination is pending under this subsection.
13-9 SECTION 12. Sections 18(c) and (f), Article 4413(29ee),
13-10 Revised Statutes, are amended to read as follows:
13-11 (c) The department shall provide training to an individual
13-12 who applies for certification as a qualified handgun instructor.
13-13 An applicant shall pay a fee of $100 to the department for the
13-14 training. An applicant must take and successfully complete the
13-15 training offered by the department and pay the training fee before
13-16 the department may certify the applicant as a qualified handgun
13-17 instructor. The department shall issue [waive the requirements
13-18 regarding a handgun proficiency certification under Section 17 of
13-19 this article for an applicant for] a license to carry a concealed
13-20 handgun under the authority of this article to any person who is
13-21 certified as a qualified handgun instructor and who pays to the
13-22 department a fee of $100 in addition to [takes and successfully
13-23 completes training under this subsection and pays] the training
13-24 fee. The department by rule may prorate or waive the training fee
13-25 for an employee of another governmental entity.
13-26 (f) If the department determines that a reason exists to
13-27 revoke, suspend, or deny a license to carry a concealed handgun
14-1 with respect to a person who is a qualified handgun instructor or
14-2 an applicant for certification as a qualified handgun instructor,
14-3 the department shall take that action against the person's license
14-4 to carry a concealed handgun, if the person is an applicant for or
14-5 the holder of such a license, and the person's certification as a
14-6 qualified handgun instructor [regardless of whether the person has
14-7 a license issued under this article to carry a concealed handgun].
14-8 SECTION 13. Article 4413(29ee), Revised Statutes, is amended
14-9 by amending Section 28 and adding Section 28A to read as follows:
14-10 Sec. 28. HONORABLY RETIRED PEACE OFFICERS. (a) A person
14-11 who is licensed as a peace officer under Chapter 415, Government
14-12 Code, and who has been employed full-time as a peace officer by a
14-13 law enforcement agency may apply for a license under this article
14-14 on retirement. The application must be made not later than the
14-15 first anniversary after the date of retirement.
14-16 (b) The person shall submit two complete sets of legible and
14-17 classifiable fingerprints and a sworn statement from the head of
14-18 the law enforcement agency employing the applicant. No head of a
14-19 law enforcement agency may refuse to issue a statement under this
14-20 subsection. If the statement is alleged by the applicant to be
14-21 untrue, the department shall investigate the validity of the
14-22 statement. The statement shall include:
14-23 (1) the name and rank of the applicant;
14-24 (2) the status of the applicant before retirement;
14-25 (3) whether or not the applicant was accused of
14-26 misconduct at the time of the retirement;
14-27 (4) the physical and mental condition of the
15-1 applicant;
15-2 (5) the type of weapons the applicant had demonstrated
15-3 proficiency with during the last year of employment;
15-4 (6) whether the applicant would be eligible for
15-5 reemployment with the agency, and if not, the reasons the applicant
15-6 is not eligible; and
15-7 (7) a recommendation from the agency head regarding
15-8 the issuance of a license under this article.
15-9 (c) The department may issue a license under this article to
15-10 an applicant under this section if the applicant is honorably
15-11 retired and physically and emotionally fit to possess a handgun.
15-12 In this subsection, "honorably retired" means the applicant:
15-13 (1) did not retire in lieu of any disciplinary action;
15-14 (2) was employed as a full-time peace officer for not
15-15 less than 10 years by one agency; and
15-16 (3) is entitled to receive a pension or annuity for
15-17 service as a law enforcement officer.
15-18 (d) An applicant under this section shall pay a fee of $25
15-19 for a license issued under this article.
15-20 (e) A retired peace officer who obtains a license under this
15-21 article must maintain, for the category of weapon licensed, the
15-22 proficiency required for a peace officer under Section 415.035,
15-23 Government Code. The department or a local law enforcement agency
15-24 shall allow a retired peace officer of the department or agency an
15-25 opportunity to annually demonstrate the required proficiency. The
15-26 proficiency shall be reported to the department on application and
15-27 renewal.
16-1 (f) A license issued under this section expires as provided
16-2 by Section 9 of this article.
16-3 (g) A retired officer [criminal investigator] of the United
16-4 States who was eligible to carry a firearm in the discharge of his
16-5 official duties [is designated as a "special agent"] is eligible
16-6 for a license under this section. An applicant described by this
16-7 subsection may submit the application at any time after retirement.
16-8 The applicant shall submit with the application proper proof of
16-9 retired status by presenting the following documents prepared by
16-10 the agency from which the applicant retired:
16-11 (1) retirement credentials; and
16-12 (2) a letter from the agency head stating the
16-13 applicant retired in good standing.
16-14 Sec. 28A. ACTIVE PEACE OFFICERS. (a) A person who is
16-15 licensed as a peace officer under Chapter 415, Government Code, and
16-16 is employed full-time as a peace officer by a law enforcement
16-17 agency may apply for a license under this article. The person
16-18 shall submit to the department two complete sets of legible and
16-19 classifiable fingerprints and a sworn statement of the head of the
16-20 law enforcement agency employing the applicant. No head of a law
16-21 enforcement agency may refuse to issue a statement under this
16-22 subsection. If the statement is alleged by the applicant to be
16-23 untrue, the department shall investigate the validity of the
16-24 statement. The statement must include:
16-25 (1) the name and rank of the applicant;
16-26 (2) whether the applicant has been accused of
16-27 misconduct at any time during the applicant's period of employment
17-1 with the agency and the disposition of that accusation;
17-2 (3) a description of the physical and mental condition
17-3 of the applicant;
17-4 (4) a list of the types of weapons the applicant has
17-5 demonstrated proficiency with during the preceding year; and
17-6 (5) a recommendation from the agency head that a
17-7 license be issued to the person under this article.
17-8 (b) The department may issue a license under this article to
17-9 an applicant under this section if the statement from the head of
17-10 the law enforcement agency employing the applicant complies with
17-11 Subsection (a) of this section and indicates that the applicant is
17-12 qualified and physically and mentally fit to carry a handgun.
17-13 (c) An applicant under this section shall pay a fee of $25
17-14 for a license issued under this article.
17-15 (d) A license issued under this section expires as provided
17-16 by Section 9 of this article.
17-17 SECTION 14. Section 31, Article 4413(29ee), Revised
17-18 Statutes, is amended by amending Subsections (a) and (c) and adding
17-19 Subsections (d) and (e) to read as follows:
17-20 (a) A business that has a permit or license issued under
17-21 Chapter 25, 28, 32, [or] 69, or 74, Alcoholic Beverage Code, and
17-22 that derives 51 percent or more of its income from the sale of
17-23 alcoholic beverages for on-premises consumption as determined by
17-24 the Texas Alcoholic Beverage Commission under Section 104.06,
17-25 Alcoholic Beverage Code, shall prominently display at each entrance
17-26 to the business premises a sign that complies with the requirements
17-27 of Subsection (c) of this section.
18-1 (c) The sign required under Subsections (a) and (b) of this
18-2 section must give notice in both English and Spanish that it is
18-3 unlawful for a person licensed under this article to carry a
18-4 handgun on the premises. The sign must appear in contrasting
18-5 colors with block letters at least one inch in height and must
18-6 include on its face the number "51" printed in solid red at least
18-7 five inches in height. The sign shall be displayed in a
18-8 conspicuous manner clearly visible to the public.
18-9 (d) A business that has a permit or license issued under the
18-10 Alcoholic Beverage Code and that is not required to display a sign
18-11 under this section may be required to display a sign under Section
18-12 11.041 or Section 61.11, Alcoholic Beverage Code.
18-13 (e) This section does not apply to a business that has a
18-14 food and beverage certificate issued under the Alcoholic Beverage
18-15 Code.
18-16 SECTION 15. Section 35, Article 4413(29ee), Revised
18-17 Statutes, is amended to read as follows:
18-18 Sec. 35. NONRESIDENT [RECIPROCAL] LICENSE. (a) The
18-19 department by rule shall establish a procedure for a person who is
18-20 a legal resident of a state that does not provide for the issuance
18-21 of a license to carry a concealed handgun and who meets the
18-22 eligibility requirements of this article other than the residency
18-23 requirement established by Section 2(a)(1) of this article to
18-24 obtain a license under this article. The procedure shall include
18-25 payment of a fee in an amount sufficient to recover the average
18-26 cost to the department of obtaining a criminal history record check
18-27 and investigation on a nonresident applicant.
19-1 (b) The department shall negotiate an agreement with any
19-2 other state that provides for the issuance of a license to carry a
19-3 concealed handgun under which a license issued by the other state
19-4 is recognized in this state [On application by a person who has a
19-5 valid license to carry a concealed handgun issued by another state,
19-6 the department may issue to the person a license under this article
19-7 without requiring that the person meet eligibility requirements or
19-8 pay fees otherwise imposed under this article, but only] if the
19-9 department determines that:
19-10 (1) the eligibility requirements imposed by the other
19-11 state include background check requirements that meet or exceed
19-12 background check [are at least as rigorous as the] requirements
19-13 imposed by federal law as a condition of receiving a handgun [this
19-14 article]; and
19-15 (2) the other state recognizes [provides reciprocal
19-16 licensing privileges to a person who holds] a license issued in
19-17 [under] this [article and applies for a license in the other]
19-18 state.
19-19 SECTION 16. Chapter 11, Alcoholic Beverage Code, is amended
19-20 by adding Section 11.041 to read as follows:
19-21 Sec. 11.041. WARNING SIGN REQUIRED. (a) Each holder of a
19-22 permit who is not otherwise required to display a sign under
19-23 Section 31, Article 4413(29ee), Revised Statutes, shall display in
19-24 a prominent place on the permit holder's premises a sign giving
19-25 notice that it is unlawful for a person to carry a weapon on the
19-26 premises unless the weapon is a concealed handgun of the same
19-27 category the person is licensed to carry under Article 4413(29ee),
20-1 Revised Statutes.
20-2 (b) The sign must be at least 6 inches high and 14 inches
20-3 wide, must appear in contrasting colors, and shall be displayed in
20-4 a conspicuous manner clearly visible to the public. The commission
20-5 or administrator may require the permit holder to also display the
20-6 sign in a language other than English if it can be observed or
20-7 determined that a substantial portion of the expected customers
20-8 speak the other language as their familiar language.
20-9 SECTION 17. Section 11.61(e), Alcoholic Beverage Code, is
20-10 amended to read as follows:
20-11 (e) Except as provided by Subsection (f), the commission or
20-12 administrator shall cancel an original or renewal permit if it is
20-13 found, after notice and hearing, that the permittee knowingly
20-14 allowed a person to possess a firearm in a building on the licensed
20-15 premises. This subsection does not apply to a person:
20-16 (1) who holds a security officer commission issued by
20-17 the Texas Board of Private Investigators and Private Security
20-18 Agencies, if:
20-19 (A) the person is engaged in the performance of
20-20 the person's duties as a security officer;
20-21 (B) the person is wearing a distinctive uniform;
20-22 and
20-23 (C) the weapon is in plain view;
20-24 (2) who is a peace officer; [or]
20-25 (3) who is a permittee or an employee of a permittee
20-26 if the person is supervising the operation of the premises; or
20-27 (4) who possesses a concealed handgun of the same
21-1 category the person is licensed to carry under Article 4413(29ee),
21-2 Revised Statutes, unless the person is on the premises of a
21-3 business described by Section 46.035(b)(1), Penal Code.
21-4 SECTION 18. Section 61.11, Alcoholic Beverage Code, is
21-5 amended to read as follows:
21-6 Sec. 61.11. Warning Sign Required. (a) Each holder of a
21-7 license who is not otherwise required to display a sign under
21-8 Section 31, Article 4413(29ee), Revised Statutes, shall display in
21-9 a prominent place on the license holder's [his] premises a sign
21-10 giving notice that it is unlawful for a person to carry a weapon on
21-11 the premises unless the weapon is a concealed handgun of the same
21-12 category the person is licensed to carry under Article 4413(29ee),
21-13 Revised Statutes.
21-14 (b) The sign must be [,] at least 6 inches high and 14
21-15 inches wide, must appear in contrasting colors, and shall be
21-16 displayed in a conspicuous manner clearly visible to the public
21-17 [stating: FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF TEN
21-18 YEARS' IMPRISONMENT AND A FINE NOT TO EXCEED $5,000 FOR CARRYING
21-19 WEAPONS WHERE ALCOHOLIC BEVERAGES ARE SOLD, SERVED, OR CONSUMED].
21-20 The commission or administrator may require the holder of the
21-21 license to also display the sign in a language other than English
21-22 if it can be observed or determined that a substantial portion of
21-23 the expected customers speak the other language as their familiar
21-24 language.
21-25 [(b) A licensee who violates this section commits a
21-26 misdemeanor punishable by a fine of not more than $25.]
21-27 SECTION 19. Section 61.71(f), Alcoholic Beverage Code, is
22-1 amended to read as follows:
22-2 (f) Except as provided by Subsection (g), the commission or
22-3 administrator shall cancel an original or renewal dealer's
22-4 on-premises or off-premises license if it is found, after notice
22-5 and hearing, that the licensee knowingly allowed a person to
22-6 possess a firearm in a building on the licensed premises. This
22-7 subsection does not apply to a person:
22-8 (1) who holds a security officer commission issued by
22-9 the Texas Board of Private Investigators and Private Security
22-10 Agencies, if:
22-11 (A) the person is engaged in the performance of
22-12 the person's duties as a security officer;
22-13 (B) the person is wearing a distinctive uniform;
22-14 and
22-15 (C) the weapon is in plain view;
22-16 (2) who is a peace officer; [or]
22-17 (3) who is a licensee or an employee of a licensee if
22-18 the person is supervising the operation of the premises; or
22-19 (4) who possesses a concealed handgun of the same
22-20 category the person is licensed to carry under Article 4413(29ee),
22-21 Revised Statutes, unless the person is on the premises of a
22-22 business described by Section 46.035(b)(1), Penal Code.
22-23 SECTION 20. Chapter 104, Alcoholic Beverage Code, is amended
22-24 by adding Section 104.06 to read as follows:
22-25 Sec. 104.06. MONITORING OF GROSS RECEIPTS. (a) On the
22-26 issuance and renewal of a license or permit that allows on-premises
22-27 consumption of any alcoholic beverage the commission shall
23-1 determine whether the holder receives, or for the issuance of a
23-2 license or permit is to receive, 51 percent or more of the gross
23-3 receipts of the premises for which the license or permit is issued
23-4 from the holder's sale or service of alcoholic beverages for
23-5 on-premises consumption.
23-6 (b) The commission shall:
23-7 (1) adopt rules for making a determination under
23-8 Subsection (a); and
23-9 (2) require a holder of a license or permit to provide
23-10 any information or document that the commission needs to make a
23-11 determination.
23-12 (c) If the commission makes a determination under Subsection
23-13 (a) that a holder of a license or permit receives 51 percent or
23-14 more of the gross receipts of the premises from the sale or service
23-15 of alcoholic beverages, the holder shall comply with the
23-16 requirements of Section 31, Article 4413(29ee), Revised Statutes,
23-17 and shall continue to comply with those requirements until the
23-18 commission determines that the holder receives less than 51 percent
23-19 of the gross receipts of the premises from the sale or service of
23-20 alcoholic beverages for on-premises consumption.
23-21 SECTION 21. Section 12.092(b), Health and Safety Code, as
23-22 added by Chapter 165, Acts of the 74th Legislature, Regular
23-23 Session, 1995, is amended to read as follows:
23-24 (b) The medical advisory board shall assist the Department
23-25 of Public Safety of the State of Texas in determining whether:
23-26 (1) an applicant for a driver's license or a license
23-27 holder is capable of safely operating a motor vehicle; or
24-1 (2) an applicant for or holder of a license to carry a
24-2 concealed handgun under the authority of Article 4413(29ee),
24-3 Revised Statutes, is capable of exercising sound judgment with
24-4 respect to the proper use and storage of a handgun.
24-5 SECTION 22. Sections 12.095(a), (c), and (d), Health and
24-6 Safety Code, as added by Chapter 165, Acts of the 74th Legislature,
24-7 Regular Session, 1995, are amended to read as follows:
24-8 (a) If the Department of Public Safety of the State of Texas
24-9 requests an opinion or recommendation from the medical advisory
24-10 board as to the ability of an applicant or license holder to
24-11 operate a motor vehicle safely or to exercise sound judgment with
24-12 respect to the proper use and storage of a handgun, the
24-13 commissioner or a person designated by the commissioner shall
24-14 convene a panel to consider the case or question submitted by that
24-15 department.
24-16 (c) Each panel member shall prepare an individual
24-17 independent written report for the Department of Public Safety of
24-18 the State of Texas that states the member's opinion as to the
24-19 ability of the applicant or license holder to operate a motor
24-20 vehicle safely or to exercise sound judgment with respect to the
24-21 proper use and storage of a handgun, as appropriate. In the report
24-22 the panel member may also make recommendations relating to that
24-23 department's subsequent action.
24-24 (d) In its deliberations, a panel may examine any medical
24-25 record or report that contains material that may be relevant to the
24-26 ability of the applicant or license holder [to operate a motor
24-27 vehicle safely].
25-1 SECTION 23. Chapter 30, Penal Code, is amended by adding
25-2 Section 30.06 to read as follows:
25-3 Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
25-4 HANDGUN. (a) A license holder commits an offense if the license
25-5 holder:
25-6 (1) carries a handgun under the authority of Article
25-7 4413(29ee), Revised Statutes, on property of another without
25-8 effective consent; and
25-9 (2) received notice that:
25-10 (A) entry on the property by a license holder
25-11 with a concealed handgun was forbidden; or
25-12 (B) remaining on the property with a concealed
25-13 handgun was forbidden and failed to depart.
25-14 (b) For purposes of this section, a person receives notice
25-15 if the owner of the property or someone with apparent authority to
25-16 act for the owner provides notice to the person by oral or written
25-17 communication.
25-18 (c) In this section:
25-19 (1) "Entry" has the meaning assigned by Section
25-20 30.05(b).
25-21 (2) "License holder" has the meaning assigned by
25-22 Section 46.035(f).
25-23 (3) "Written communication" means:
25-24 (A) a card or other document on which is written
25-25 language identical to the following: "Pursuant to Section 30.06,
25-26 Penal Code (trespass by holder of license to carry a concealed
25-27 handgun), a person licensed under Article 4413(29ee), Revised
26-1 Statutes (concealed handgun law), may not enter this property with
26-2 a concealed handgun"; or
26-3 (B) a sign posted on the property that:
26-4 (i) includes the language described by
26-5 Paragraph (A) in both English and Spanish;
26-6 (ii) appears in contrasting colors with
26-7 block letters at least one inch in height; and
26-8 (iii) is displayed in a conspicuous manner
26-9 clearly visible to the public.
26-10 (d) An offense under this section is a Class A misdemeanor.
26-11 SECTION 24. Section 46.02, Penal Code, is amended to read as
26-12 follows:
26-13 Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
26-14 commits an offense if he intentionally, knowingly, or recklessly
26-15 carries on or about his person a handgun, illegal knife, or club.
26-16 (b) [It is a defense to prosecution under this section that
26-17 the actor was, at the time of the commission of the offense:]
26-18 [(1) in the actual discharge of his official duties as
26-19 a member of the armed forces or state military forces as defined by
26-20 Section 431.001, Government Code, or as a guard employed by a penal
26-21 institution;]
26-22 [(2) on his own premises or premises under his control
26-23 unless he is an employee or agent of the owner of the premises and
26-24 his primary responsibility is to act in the capacity of a security
26-25 guard to protect persons or property, in which event he must comply
26-26 with Subdivision (5);]
26-27 [(3) traveling;]
27-1 [(4) engaging in lawful hunting, fishing, or other
27-2 sporting activity on the immediate premises where the activity is
27-3 conducted, or was directly en route between the premises and the
27-4 actor's residence, if the weapon is a type commonly used in the
27-5 activity;]
27-6 [(5) a person who holds a security officer commission
27-7 issued by the Texas Board of Private Investigators and Private
27-8 Security Agencies, if:]
27-9 [(A) he is engaged in the performance of his
27-10 duties as a security officer or traveling to and from his place of
27-11 assignment;]
27-12 [(B) he is wearing a distinctive uniform; and]
27-13 [(C) the weapon is in plain view; or]
27-14 [(7) carrying a concealed handgun and a valid license
27-15 issued under Article 4413(29ee), Revised Statutes, to carry a
27-16 concealed handgun of the same category as the handgun the person is
27-17 carrying.]
27-18 [(7) a person who holds a security officer commission
27-19 and a personal protection authorization issued by the Texas Board
27-20 of Private Investigators and Private Security Agencies and who is
27-21 providing personal protection under the Private Investigators and
27-22 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
27-23 Civil Statutes).]
27-24 [(7) a holder of an alcoholic beverage permit or
27-25 license or an employee of a holder of an alcoholic beverage permit
27-26 or license if the actor is supervising the operation of the
27-27 permitted or licensed premises.]
28-1 [(c) It is a defense to prosecution under this section for
28-2 the offense of carrying a club that the actor was, at the time of
28-3 the commission of the offense, a noncommissioned security guard at
28-4 an institution of higher education who carried a nightstick or
28-5 similar club, and who had undergone 15 hours of training in the
28-6 proper use of the club, including at least seven hours of training
28-7 in the use of the club for nonviolent restraint. For the purposes
28-8 of this section, "nonviolent restraint" means the use of reasonable
28-9 force, not intended and not likely to inflict bodily injury.]
28-10 [(d) It is a defense to prosecution under this section for
28-11 the offense of carrying a firearm or carrying a club that the actor
28-12 was, at the time of the commission of the offense, a public
28-13 security officer employed by the adjutant general under Section
28-14 431.029, Government Code, and was performing official duties or
28-15 traveling to or from a place of duty.]
28-16 [(e)] Except as provided by Subsection (c) [(f)], an offense
28-17 under this section is a Class A misdemeanor.
28-18 (c) [(f)] An offense under this section is a felony of the
28-19 third degree if the offense is committed on any premises licensed
28-20 or issued a permit by this state for the sale of alcoholic
28-21 beverages.
28-22 SECTION 25. Sections 46.03(b) and (c), Penal Code, are
28-23 amended to read as follows:
28-24 (b) It is a defense to prosecution under Subsections
28-25 (a)(1)-(4) that the actor possessed a firearm while in the actual
28-26 discharge of his official duties as a [peace officer or a] member
28-27 of the armed forces or national guard or a guard employed by a
29-1 penal institution, or an officer of the court.
29-2 (c) In this section:
29-3 (1) "Premises" has the meaning assigned by Section
29-4 46.035.
29-5 (2) "Secured ["secured] area" means an area of an
29-6 airport terminal building to which access is controlled by the
29-7 inspection of persons and property under federal law.
29-8 SECTION 26. Section 46.035(b), Penal Code, is amended to
29-9 read as follows:
29-10 (b) A license holder commits an offense if the license
29-11 holder intentionally, knowingly, or recklessly carries a handgun
29-12 under the authority of Article 4413(29ee), Revised Statutes,
29-13 regardless of whether the handgun is concealed, on or about the
29-14 license holder's person:
29-15 (1) on the premises of a business that has a permit or
29-16 license issued under Chapter 25, 28, 32, [or] 69, or 74, Alcoholic
29-17 Beverage Code, if the business derives 51 percent or more of its
29-18 income from the sale or service of alcoholic beverages for
29-19 on-premises consumption, as determined by the Texas Alcoholic
29-20 Beverage Commission under Section 104.06, Alcoholic Beverage Code;
29-21 (2) on the premises where a high school, collegiate,
29-22 or professional sporting event or interscholastic event is taking
29-23 place, unless the license holder is a participant in the event and
29-24 a handgun is used in the event;
29-25 (3) on the premises of a correctional facility;
29-26 (4) on the premises of a hospital licensed under
29-27 Chapter 241, Health and Safety Code, or on the premises of a
30-1 nursing home licensed under Chapter 242, Health and Safety Code,
30-2 unless the license holder has written authorization of the hospital
30-3 or nursing home administration, as appropriate;
30-4 (5) in an amusement park; or
30-5 (6) on the premises of a church, synagogue, or other
30-6 established place of religious worship.
30-7 SECTION 27. Section 46.035, Penal Code, is amended by adding
30-8 Subsection (i) to read as follows:
30-9 (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
30-10 if the actor was not given effective notice under Section 30.06.
30-11 SECTION 28. Section 46.15, Penal Code, is amended to read as
30-12 follows:
30-13 Sec. 46.15. NONAPPLICABILITY [TO PEACE OFFICERS].
30-14 (a) Sections 46.02 and 46.03 do not apply to:
30-15 (1) peace officers and neither section prohibits a
30-16 peace officer from carrying a weapon in this state, regardless of
30-17 whether the officer is engaged in the actual discharge of the
30-18 officer's duties while carrying the weapon;
30-19 (2) parole officers and neither section prohibits an
30-20 officer from carrying a weapon in this state if the officer is:
30-21 (A) engaged in the actual discharge of the
30-22 officer's duties while carrying the weapon; and
30-23 (B) in compliance with policies and procedures
30-24 adopted by the Texas Department of Criminal Justice regarding the
30-25 possession of a weapon by an officer while on duty;
30-26 (3) community supervision and corrections department
30-27 officers appointed or employed under Section 76.004, Government
31-1 Code, and neither section prohibits an officer from carrying a
31-2 weapon in this state if the officer is:
31-3 (A) engaged in the actual discharge of the
31-4 officer's duties while carrying the weapon; and
31-5 (B) authorized to carry a weapon under Section
31-6 76.0051, Government Code; or
31-7 (4) a judge or justice of the supreme court, the court
31-8 of criminal appeals, a court of appeals, a district court, a
31-9 criminal district court, a constitutional county court, a statutory
31-10 county court, a justice court, or a municipal court who is licensed
31-11 to carry a concealed handgun under Article 4413(29ee), Revised
31-12 Statutes.
31-13 (b) Section 46.02 does not apply to a person who:
31-14 (1) is in the actual discharge of official duties as a
31-15 member of the armed forces or state military forces as defined by
31-16 Section 431.001, Government Code, or as a guard employed by a penal
31-17 institution;
31-18 (2) is on the person's own premises or premises under
31-19 the person's control unless the person is an employee or agent of
31-20 the owner of the premises and the person's primary responsibility
31-21 is to act in the capacity of a security guard to protect persons or
31-22 property, in which event the person must comply with Subdivision
31-23 (5);
31-24 (3) is traveling;
31-25 (4) is engaging in lawful hunting, fishing, or other
31-26 sporting activity on the immediate premises where the activity is
31-27 conducted, or is directly en route between the premises and the
32-1 actor's residence, if the weapon is a type commonly used in the
32-2 activity;
32-3 (5) holds a security officer commission issued by the
32-4 Texas Board of Private Investigators and Private Security Agencies,
32-5 if:
32-6 (A) the person is engaged in the performance of
32-7 the person's duties as a security officer or traveling to and from
32-8 the person's place of assignment;
32-9 (B) the person is wearing a distinctive uniform;
32-10 and
32-11 (C) the weapon is in plain view;
32-12 (6) is carrying a concealed handgun and a valid
32-13 license issued under Article 4413(29ee), Revised Statutes, to carry
32-14 a concealed handgun of the same category as the handgun the person
32-15 is carrying;
32-16 (7) holds a security officer commission and a personal
32-17 protection authorization issued by the Texas Board of Private
32-18 Investigators and Private Security Agencies and who is providing
32-19 personal protection under the Private Investigators and Private
32-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
32-21 Statutes); or
32-22 (8) holds an alcoholic beverage permit or license or
32-23 is an employee of a holder of an alcoholic beverage permit or
32-24 license if the person is supervising the operation of the permitted
32-25 or licensed premises.
32-26 (c) The provision of Section 46.02 prohibiting the carrying
32-27 of a club does not apply to a noncommissioned security guard at an
33-1 institution of higher education who carries a nightstick or similar
33-2 club, and who has undergone 15 hours of training in the proper use
33-3 of the club, including at least seven hours of training in the use
33-4 of the club for nonviolent restraint. For the purposes of this
33-5 subsection, "nonviolent restraint" means the use of reasonable
33-6 force, not intended and not likely to inflict bodily injury.
33-7 (d) The provisions of Section 46.02 prohibiting the carrying
33-8 of a firearm or carrying of a club do not apply to a public
33-9 security officer employed by the adjutant general under Section
33-10 431.029, Government Code, in performance of official duties or
33-11 while traveling to or from a place of duty.
33-12 SECTION 29. Chapter 76, Government Code, is amended by
33-13 adding Section 76.0051 to read as follows:
33-14 Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
33-15 authorized to carry a weapon while engaged in the actual discharge
33-16 of the officer's duties only if:
33-17 (1) the officer possesses a certificate of firearms
33-18 proficiency issued by the Commission on Law Enforcement Officer
33-19 Standards and Education under Section 415.038; and
33-20 (2) the director of the department and the judges
33-21 participating in the management of the department agree to the
33-22 authorization.
33-23 SECTION 30. Subchapter B, Chapter 415, Government Code, is
33-24 amended by adding Section 415.038 to read as follows:
33-25 Sec. 415.038. FIREARMS PROFICIENCY; SUPERVISION OFFICERS.
33-26 (a) The commission and the Texas Department of Criminal Justice
33-27 shall adopt a memorandum of understanding that establishes their
34-1 respective responsibilities in developing a basic training program
34-2 in the use of firearms by community supervision and corrections
34-3 department officers and parole officers. The memorandum of
34-4 understanding must establish a program that provides instruction
34-5 in:
34-6 (1) legal limitations on the use of firearms and on
34-7 the powers and authority of officers;
34-8 (2) range firing and procedure and firearms safety and
34-9 maintenance; and
34-10 (3) other topics determined by the commission and the
34-11 department to be necessary for the responsible use of firearms by
34-12 officers.
34-13 (b) The commission and the department by rule shall adopt
34-14 the memorandum of understanding establishing the basic training
34-15 program.
34-16 (c) The commission shall administer the training program and
34-17 shall issue a certificate of firearms proficiency to each community
34-18 supervision and corrections department officer or parole officer
34-19 the commission determines has successfully completed the program
34-20 described by Subsection (a).
34-21 (d) The commission may establish reasonable and necessary
34-22 fees for the administration of this section.
34-23 SECTION 31. Section 1(10), Article 4413(29ee), Revised
34-24 Statutes, is repealed.
34-25 SECTION 32. The Commission on Law Enforcement Officer
34-26 Standards and Education and the Texas Department of Criminal
34-27 Justice shall adopt the memorandum of understanding required by
35-1 Section 415.038, Government Code, as added by this Act, not later
35-2 than January 1, 1998.
35-3 SECTION 33. (a) The changes in law made by this Act in
35-4 repealing Section 1(10), Article 4413(29ee), Revised Statutes,
35-5 adding Section 2(d), Article 4413(29ee), Revised Statutes, and
35-6 amending Sections 12.092 and 12.095, Health and Safety Code, as
35-7 added by Chapter 165, Acts of the 74th Legislature, Regular
35-8 Session, 1995, apply only to a person's initial application for a
35-9 license to carry a concealed handgun under Article 4413(29ee),
35-10 Revised Statutes, if the application is made on or after the
35-11 effective date of this Act. A person who makes an initial
35-12 application for a license to carry a concealed handgun under
35-13 Article 4413(29ee), Revised Statutes, before the effective date of
35-14 this Act is covered by the law that existed when the application
35-15 was made, and the former law is continued in effect for that
35-16 purpose.
35-17 (b) The changes in law made by this Act in repealing Section
35-18 1(10), Article 4413(29ee), Revised Statutes, adding Section 2(d),
35-19 Article 4413(29ee), Revised Statutes, and amending Sections 12.092
35-20 and 12.095, Health and Safety Code, as added by Chapter 165, Acts
35-21 of the 74th Legislature, Regular Session, 1995, regarding the
35-22 revocation of a license to carry a handgun, apply to any revocation
35-23 proceeding initiated on or after the effective date of this Act.
35-24 SECTION 34. Not later than September 1, 1998, a person who
35-25 before the effective date of this Act was licensed to carry a
35-26 concealed handgun under Article 4413(29ee), Revised Statutes, and
35-27 whose license was revoked on the sole basis that the person was
36-1 charged with the commission of a Class A or Class B misdemeanor or
36-2 an offense under Section 42.01, Penal Code, or a felony under an
36-3 information or indictment may apply to the department to change the
36-4 status of the person's license in accordance with Sections 12 and
36-5 13, Article 4413(29ee), Revised Statutes, as amended by this Act.
36-6 The Department of Public Safety shall promptly place the person's
36-7 license on suspension, if the charges against the person are still
36-8 pending, or reinstate the person's license, if the charges against
36-9 the person have been dismissed.
36-10 SECTION 35. Not later than December 1, 1997, the Department
36-11 of Public Safety shall establish the procedure and shall commence
36-12 any negotiation required by Section 35, Article 4413(29ee), Revised
36-13 Statutes, as amended by this Act.
36-14 SECTION 36. (a) The Texas Alcoholic Beverage Commission
36-15 shall:
36-16 (1) not later than October 1, 1997, adopt the rules
36-17 required by Section 104.06, Alcoholic Beverage Code, as added by
36-18 this Act; and
36-19 (2) at the time of the issuance or the first renewal
36-20 of a license or permit under the Alcoholic Beverage Code, that
36-21 allows on-premises consumption of any alcoholic beverage and that
36-22 occurs on or after October 1, 1997, make the initial determination
36-23 required by Section 104.06, Alcoholic Beverage Code, as added by
36-24 this Act.
36-25 (b) The change in law made by this Act to Section 31,
36-26 Article 4413(29ee), Revised Statutes, applies only to the display
36-27 of a sign on or after the date the Texas Alcoholic Beverage
37-1 Commission makes an initial determination under Section 104.06,
37-2 Alcoholic Beverage Code, as added by this Act, in accordance with
37-3 Subsection (a)(2) of this section, with respect to the holder of a
37-4 license or permit who conducts business on the premises for which
37-5 the determination is made.
37-6 (c) The change in law made by this Act to Section 46.035,
37-7 Penal Code, relating to the Texas Alcoholic Beverage Commission's
37-8 determination of the percentage of income derived from the sale or
37-9 service of alcoholic beverages for on-premises consumption applies
37-10 only to an offense committed on or after October 1, 1998. For
37-11 purposes of this section, an offense is committed before October 1,
37-12 1998, if any element of the offense occurs before that date.
37-13 SECTION 37. The changes in law made by this Act to Sections
37-14 46.02, 46.03, and 46.15, Penal Code, apply only to an offense
37-15 committed on or after the effective date of this Act. An offense
37-16 committed before the effective date of this Act is covered by the
37-17 law in effect when the offense was committed, and the former law is
37-18 continued in effect for that purpose. For purposes of this
37-19 section, an offense was committed before the effective date of this
37-20 Act if any element of the offense occurred before that date.
37-21 SECTION 38. This Act takes effect September 1, 1997.
37-22 SECTION 39. The importance of this legislation and the
37-23 crowded condition of the calendars in both houses create an
37-24 emergency and an imperative public necessity that the
37-25 constitutional rule requiring bills to be read on three several
37-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2909 was passed by the House on May
14, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2909 on May 29, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 329 authorizing certain
corrections in H.B. No. 2909 on May 31, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2909 was passed by the Senate, with
amendments, on May 28, 1997, by a viva-voce vote; and that the
Senate adopted H.C.R. No. 329 authorizing certain corrections in
H.B. No. 2909 on June 1, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor