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