75R11210 PEP-D
By Carter, Chisum, Allen, Hupp, Wilson, H.B. No. 2909
et al.
Substitute the following for H.B. No. 2909:
By Carter C.S.H.B. No. 2909
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons eligible for a license to carry a concealed
1-3 handgun, to the rights and duties of license holders, and to
1-4 certain offenses involving weapons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2(a), Article 4413(29ee), Revised
1-7 Statutes, is amended to read as follows:
1-8 (a) A person is eligible for a license to carry a concealed
1-9 handgun if the person:
1-10 (1) is a legal resident of this state for the
1-11 six-month period preceding the date of application under this
1-12 article or is otherwise eligible for a license under Section 35(a)
1-13 of this article;
1-14 (2) is at least 21 years of age;
1-15 (3) has not been convicted of a felony;
1-16 (4) is not charged with the commission of a Class A or
1-17 Class B misdemeanor or an offense under Section 42.01, Penal Code,
1-18 or of a felony under an information or indictment;
1-19 (5) is not a fugitive from justice for a felony or a
1-20 Class A or Class B misdemeanor;
1-21 (6) is not a chemically dependent person;
1-22 (7) is not incapable of exercising sound judgment with
1-23 respect to the proper use and storage of a handgun [a person of
1-24 unsound mind];
2-1 (8) has not, in the five years preceding the date of
2-2 application, been convicted of a Class A or Class B misdemeanor or
2-3 an offense under Section 42.01, Penal Code;
2-4 (9) is fully qualified under applicable federal and
2-5 state law to purchase a handgun;
2-6 (10) has not been finally determined to be delinquent
2-7 in making a child support payment administered or collected by the
2-8 attorney general;
2-9 (11) has not been finally determined to be delinquent
2-10 in the payment of a tax or other money collected by the
2-11 comptroller, state treasurer, tax collector of a political
2-12 subdivision of the state, Texas Alcoholic Beverage Commission, or
2-13 any other agency or subdivision of the state;
2-14 (12) has not been finally determined to be in default
2-15 on a loan made under Chapter 57, Education Code;
2-16 (13) is not currently restricted under a court
2-17 protective order or subject to a restraining order affecting the
2-18 spousal relationship, not including a restraining order solely
2-19 affecting property interests;
2-20 (14) has not, in the 10 years preceding the date of
2-21 application, been adjudicated as having engaged in delinquent
2-22 conduct violating a penal law of the grade of felony; and
2-23 (15) has not made any material misrepresentation, or
2-24 failed to disclose any material fact, in an application submitted
2-25 pursuant to Section 3 of this article or in a request for
2-26 application submitted pursuant to Section 4 of this article.
2-27 SECTION 2. Section 2, Article 4413(29ee), Revised Statutes,
3-1 is amended by adding Subsection (d) to read as follows:
3-2 (d)(1) For purposes of Subsection (a)(7) of this section, a
3-3 person is incapable of exercising sound judgment with respect to
3-4 the proper use and storage of a handgun if:
3-5 (A) the person has been diagnosed by a licensed
3-6 physician as suffering from a psychiatric disorder or condition
3-7 that causes or is likely to cause substantial impairment in
3-8 judgment, mood, perception, impulse control, or intellectual
3-9 ability;
3-10 (B) the person suffers from a psychiatric
3-11 disorder or condition described by Paragraph (A) of this
3-12 subdivision that:
3-13 (i) is in remission but is reasonably
3-14 likely to redevelop at a future time; or
3-15 (ii) requires continuous medical treatment
3-16 to avoid redevelopment;
3-17 (C) the person has been diagnosed by a licensed
3-18 physician or declared by a court to be incompetent to manage the
3-19 person's own affairs; or
3-20 (D) the person has entered in any criminal
3-21 proceeding a plea of not guilty by reason of insanity.
3-22 (2) The following are evidence that a person has a
3-23 psychiatric disorder or condition described by Subdivision (1)(A)
3-24 of this subsection:
3-25 (A) involuntary psychiatric hospitalization in
3-26 the preceding five-year period;
3-27 (B) psychiatric hospitalization in the preceding
4-1 two-year period;
4-2 (C) inpatient or residential substance abuse
4-3 treatment in the preceding five-year period;
4-4 (D) diagnosis in the preceding five-year period
4-5 by a licensed physician that the person is dependent on alcohol, a
4-6 controlled substance, or a similar substance; or
4-7 (E) diagnosis at any time by a licensed
4-8 physician that the person suffers or has suffered from a
4-9 psychiatric disorder or condition consisting of or relating to:
4-10 (i) schizophrenia or delusional disorder;
4-11 (ii) bipolar disorder;
4-12 (iii) chronic dementia, whether caused by
4-13 illness, brain defect, or brain injury;
4-14 (iv) dissociative identity disorder;
4-15 (v) intermittent explosive disorder; or
4-16 (vi) antisocial personality disorder.
4-17 SECTION 3. Section 3(a), Article 4413(29ee), Revised
4-18 Statutes, is amended to read as follows:
4-19 (a) An applicant for a license to carry a concealed handgun
4-20 must submit to the director's designee described by Section 5 of
4-21 this article:
4-22 (1) a completed application on a form provided by the
4-23 department that requires only the information listed in Subsection
4-24 (b) of this section;
4-25 (2) two recent color passport photographs of the
4-26 applicant;
4-27 (3) a certified copy of the applicant's birth
5-1 certificate or certified proof of age;
5-2 (4) proof of residency in this state;
5-3 (5) two complete sets of legible and classifiable
5-4 fingerprints of the applicant taken by a person [employed by a law
5-5 enforcement agency who is] appropriately trained in recording
5-6 fingerprints who is employed by a law enforcement agency or by a
5-7 private entity designated by a law enforcement agency as an entity
5-8 qualified to take fingerprints of an applicant for a license under
5-9 this article;
5-10 (6) a nonrefundable application and license fee of
5-11 $140 paid to the department;
5-12 (7) a handgun proficiency certificate described by
5-13 Section 17 of this article;
5-14 (8) an affidavit signed by the applicant stating that
5-15 the applicant:
5-16 (A) has read and understands each provision of
5-17 this article that creates an offense under the laws of this state
5-18 and each provision of the laws of this state related to use of
5-19 deadly force; and
5-20 (B) fulfills all the eligibility requirements
5-21 listed under Section 2 of this article; and
5-22 (9) a form executed by the applicant that authorizes
5-23 the director to make an inquiry into any noncriminal history
5-24 records that are necessary to determine the applicant's eligibility
5-25 for a license under Section 2(a) of this article.
5-26 SECTION 4. Section 5(b), Article 4413(29ee), Revised
5-27 Statutes, is amended to read as follows:
6-1 (b) The director's designee as needed shall conduct an
6-2 additional criminal history record check of the applicant and an
6-3 investigation of the applicant's local official records to verify
6-4 the accuracy of the application materials. The scope of the record
6-5 check and the investigation are at the sole discretion of the
6-6 department, except that the director's designee shall complete the
6-7 record check and investigation not later than 60 days after the
6-8 date the department receives the application materials. The
6-9 department shall send a fingerprint card to the Federal Bureau of
6-10 Investigation for a national criminal history check of the
6-11 applicant. On completion of the investigation, the director's
6-12 designee shall return all materials and the result of the
6-13 investigation to the appropriate division of the department at its
6-14 Austin headquarters. The director's designee may submit to the
6-15 appropriate division of the department, at the department's Austin
6-16 headquarters, along with the application materials a written
6-17 recommendation for disapproval of the application, accompanied by
6-18 an affidavit stating personal knowledge or naming persons with
6-19 personal knowledge of a ground for denial under Section 2 of this
6-20 article. The director's designee in the appropriate geographical
6-21 area may also submit the application and the recommendation that
6-22 the license be issued. On receipt at the department's Austin
6-23 headquarters of the application materials and the result of the
6-24 investigation by the director's designee, the department shall
6-25 conduct any further record check or investigation the department
6-26 determines is necessary based on the recommendation of the
6-27 director's designee, except that the department shall complete the
7-1 record check and investigation not later than 180 days after the
7-2 date the department receives the application materials from the
7-3 applicant.
7-4 SECTION 5. Section 6(b), Article 4413(29ee), Revised
7-5 Statutes, is amended to read as follows:
7-6 (b)[(1)] Not [After January 1, 1997, the department, not]
7-7 later than the 60th day after the date of the receipt by the
7-8 director's designee of the completed application materials, the
7-9 department shall:
7-10 (1) [(A)] issue the license; [or]
7-11 (2) [(B)] notify the applicant in writing that the
7-12 application was denied:
7-13 (A) [(i)] on the grounds that the applicant
7-14 failed to qualify under the criteria listed in Section 2 of this
7-15 article;
7-16 (B) [(ii)] based on the affidavit of the
7-17 director's designee submitted to the department under Section 5(b)
7-18 of this article; or
7-19 (C) [(iii)] based on the affidavit of the
7-20 qualified handgun instructor submitted to the department under
7-21 Section 17(c) of this article; or
7-22 (3) notify the applicant in writing that the
7-23 department is unable to make a determination regarding the issuance
7-24 or denial of a license to the applicant within the 60-day period
7-25 prescribed by this subsection and include in that notification an
7-26 explanation of the reason for the inability and an estimation of
7-27 the amount of time the department will need to make the
8-1 determination.
8-2 [(2) Between the effective date of this article and
8-3 December 31, 1996, the department shall perform the duties set out
8-4 in this subsection not later than the 90th day after the date of
8-5 the receipt by the director's designee of the completed application
8-6 materials.]
8-7 SECTION 6. Sections 6(g), (h), and (i), Article 4413(29ee),
8-8 Revised Statutes, are amended and relettered to read as follows:
8-9 (g) [On a demand by a magistrate or a peace officer that a
8-10 license holder display the license holder's handgun license, the
8-11 license holder shall display both the license and the license
8-12 holder's driver's license or identification certificate issued by
8-13 the department.]
8-14 [(h)] If a license holder is carrying a handgun on or about
8-15 the license holder's person when a magistrate or a peace officer
8-16 demands that the license holder display identification, the license
8-17 holder shall display both the license holder's driver's license or
8-18 identification certificate issued by the department and the license
8-19 holder's handgun license. A person who fails or refuses to display
8-20 the license and identification as required by this subsection is
8-21 subject to suspension of the person's license as provided by
8-22 Section 13 of this article.
8-23 (h) [(i)] A person commits an offense if the person fails or
8-24 refuses to display the license and identification as required by
8-25 Subsection (g) [or (h)] of this section after previously having had
8-26 the person's license suspended for a violation of that subsection.
8-27 An offense under this subsection is a Class B misdemeanor.
9-1 SECTION 7. Section 12(a), Article 4413(29ee), Revised
9-2 Statutes, is amended to read as follows:
9-3 (a) A license may be revoked under this section if the
9-4 license holder:
9-5 (1) was not entitled to the license at the time it was
9-6 issued;
9-7 (2) gave false information on the application;
9-8 (3) subsequently becomes ineligible for a license
9-9 under Section 2 of this article, unless the sole basis for the
9-10 ineligibility is that the license holder is charged with the
9-11 commission of a Class A or Class B misdemeanor or an offense under
9-12 Section 42.01, Penal Code, or of a felony under an information or
9-13 indictment; [or]
9-14 (4) is convicted of an offense under Section 46.035,
9-15 Penal Code; or
9-16 (5) is determined by the department to have engaged in
9-17 conduct constituting a reason to suspend a license listed in
9-18 Section 13(a) of this article after the person's license has been
9-19 previously suspended twice for the same reason.
9-20 SECTION 8. Sections 13(a) and (c), Article 4413(29ee),
9-21 Revised Statutes, are amended to read as follows:
9-22 (a) A license may be suspended under this section if the
9-23 license holder:
9-24 (1) is charged with the commission of a Class A or
9-25 Class B misdemeanor or an offense [convicted of disorderly conduct
9-26 punishable as a Class C misdemeanor] under Section 42.01, Penal
9-27 Code, or of a felony under an information or indictment;
10-1 (2) fails to display a license as required by Section
10-2 6 of this article;
10-3 (3) fails to notify the department of a change of
10-4 address or name as required by Section 8 of this article;
10-5 (4) carries a concealed handgun under the authority of
10-6 this article of a different category than the license holder is
10-7 licensed to carry; or
10-8 (5) [has been charged by indictment with the
10-9 commission of an offense that would make the license holder
10-10 ineligible for a license on conviction; or]
10-11 [(6)] fails to return a previously issued license
10-12 after a license is modified as required by Section 10(d) of this
10-13 article.
10-14 (c) A license may be suspended under this section:
10-15 (1) for 30 days, if the person's license is subject to
10-16 suspension for a reason listed in Subsection (a)(3), (4), or (5) of
10-17 this section, except as provided by Subdivision (3) of this
10-18 subsection;
10-19 (2) for 90 days, if the person's license is subject to
10-20 suspension for a reason listed in Subsection (a)(2) of this
10-21 section, except as provided by Subdivision (3) of this subsection;
10-22 (3) for not less than one year and not more than three
10-23 years if the person's license is subject to suspension for a reason
10-24 listed in Subsection (a) of this section, other than the reason
10-25 listed in Subsection (a)(1) of this section, and the person's
10-26 license has been previously suspended for the same reason; or
10-27 (4) until dismissal of the charges, if the person's
11-1 license is subject to suspension for the reason listed in
11-2 Subsection (a)(1) of this section.
11-3 SECTION 9. Section 17(c), Article 4413(29ee), Revised
11-4 Statutes, is amended to read as follows:
11-5 (c) A qualified handgun instructor may submit to the
11-6 department a written recommendation for disapproval of the
11-7 application for a license, renewal, or modification of a license,
11-8 accompanied by an affidavit stating personal knowledge or naming
11-9 persons with personal knowledge of facts that lead the instructor
11-10 to believe that an applicant is not qualified for handgun
11-11 proficiency certification. The department may use a written
11-12 recommendation submitted under this subsection as the basis for
11-13 denial of a license only if the department determines that the
11-14 recommendation is made in good faith and is supported by a
11-15 preponderance of the evidence. The department shall make a
11-16 determination under this subsection not later than the 45th day
11-17 after the date the department receives the written recommendation.
11-18 The 60-day period in which the department must take action under
11-19 Section 6(b) of this article is extended one day for each day a
11-20 determination is pending under this subsection.
11-21 SECTION 10. Sections 18(c) and (f), Article 4413(29ee),
11-22 Revised Statutes, are amended to read as follows:
11-23 (c) The department shall provide training to an individual
11-24 who applies for certification as a qualified handgun instructor.
11-25 An applicant shall pay a fee of $100 to the department for the
11-26 training. An applicant must take and successfully complete the
11-27 training offered by the department and pay the training fee before
12-1 the department may certify the applicant as a qualified handgun
12-2 instructor. The department shall issue [waive the requirements
12-3 regarding a handgun proficiency certification under Section 17 of
12-4 this article for an applicant for] a license to carry a concealed
12-5 handgun under the authority of this article to any person who is
12-6 certified as a qualified handgun instructor and who pays to the
12-7 department a fee of $100 in addition to [takes and successfully
12-8 completes training under this subsection and pays] the training
12-9 fee. The department by rule may prorate or waive the training fee
12-10 for an employee of another governmental entity.
12-11 (f) If the department determines that a reason exists to
12-12 revoke, suspend, or deny a license to carry a concealed handgun
12-13 with respect to a person who is a qualified handgun instructor or
12-14 an applicant for certification as a qualified handgun instructor,
12-15 the department shall take that action against the person's license
12-16 to carry a concealed handgun, if the person is an applicant for or
12-17 the holder of such a license, and the person's certification as a
12-18 qualified handgun instructor [regardless of whether the person has
12-19 a license issued under this article to carry a concealed handgun].
12-20 SECTION 11. Section 31, Article 4413(29ee), Revised
12-21 Statutes, is amended by amending Subsections (a) and (c) and adding
12-22 Subsection (d) to read as follows:
12-23 (a) A business that has a permit or license issued under
12-24 Chapter 25, 28, 32, [or] 69, or 74, Alcoholic Beverage Code, and
12-25 that derives 51 percent or more of its income from the sale of
12-26 alcoholic beverages for on-premises consumption as determined by
12-27 the Texas Alcoholic Beverage Commission under Section 104.06,
13-1 Alcoholic Beverage Code, shall prominently display at each entrance
13-2 to the business premises a sign that complies with the requirements
13-3 of Subsection (c) of this section.
13-4 (c) The sign required under Subsections (a) and (b) of this
13-5 section must give notice in both English and Spanish that it is
13-6 unlawful for a person licensed under this article to carry a
13-7 handgun on the premises. The sign must appear in contrasting
13-8 colors with block letters at least one inch in height and must
13-9 include on its face the number "51" printed in solid red at least
13-10 five inches in height. The sign shall be displayed in a
13-11 conspicuous manner clearly visible to the public.
13-12 (d) A business that has a permit or license issued under the
13-13 Alcoholic Beverage Code and that is not required to display a sign
13-14 under this section may be required to display a sign under Section
13-15 11.041 or Section 61.11, Alcoholic Beverage Code.
13-16 SECTION 12. Section 35, Article 4413(29ee), Revised
13-17 Statutes, is amended to read as follows:
13-18 Sec. 35. NONRESIDENT [RECIPROCAL] LICENSE. (a) The
13-19 department by rule shall establish a procedure for a person who is
13-20 a legal resident of a state that does not provide for the issuance
13-21 of a license to carry a concealed handgun and who meets the
13-22 eligibility requirements of this article other than the residency
13-23 requirement established by Section 2(a)(1) of this article to
13-24 obtain a license under this article. The procedure shall include
13-25 payment of a fee in an amount sufficient to recover the average
13-26 cost to the department of obtaining a criminal history record check
13-27 and investigation on a nonresident applicant.
14-1 (b) The department shall negotiate an agreement with any
14-2 other state that provides for the issuance of a license to carry a
14-3 concealed handgun under which a license issued by the other state
14-4 is recognized in this state [On application by a person who has a
14-5 valid license to carry a concealed handgun issued by another state,
14-6 the department may issue to the person a license under this article
14-7 without requiring that the person meet eligibility requirements or
14-8 pay fees otherwise imposed under this article, but only] if the
14-9 department determines that:
14-10 (1) the eligibility requirements imposed by the other
14-11 state include background check requirements that meet or exceed
14-12 background check [are at least as rigorous as the] requirements
14-13 imposed by federal law as a condition of receiving a handgun [this
14-14 article]; and
14-15 (2) the other state recognizes [provides reciprocal
14-16 licensing privileges to a person who holds] a license issued in
14-17 [under] this [article and applies for a license in the other]
14-18 state.
14-19 SECTION 13. Chapter 11, Alcoholic Beverage Code, is amended
14-20 by adding Section 11.041 to read as follows:
14-21 Sec. 11.041. WARNING SIGN REQUIRED. (a) Each holder of a
14-22 permit who is not otherwise required to display a sign under
14-23 Section 31, Article 4413(29ee), Revised Statutes, shall display in
14-24 a prominent place on the permit holder's premises a sign giving
14-25 notice that it is unlawful for a person to carry a weapon on the
14-26 premises unless the weapon is a concealed handgun of the same
14-27 category the person is licensed to carry under Article 4413(29ee),
15-1 Revised Statutes.
15-2 (b) The sign must be at least 6 inches high and 14 inches
15-3 wide, must appear in contrasting colors, and shall be displayed in
15-4 a conspicuous manner clearly visible to the public. The commission
15-5 or administrator may require the permit holder to also display the
15-6 sign in a language other than English if it can be observed or
15-7 determined that a substantial portion of the expected customers
15-8 speak the other language as their familiar language.
15-9 SECTION 14. Section 11.61(e), Alcoholic Beverage Code, is
15-10 amended to read as follows:
15-11 (e) Except as provided by Subsection (f), the commission or
15-12 administrator shall cancel an original or renewal permit if it is
15-13 found, after notice and hearing, that the permittee knowingly
15-14 allowed a person to possess a firearm in a building on the licensed
15-15 premises. This subsection does not apply to a person:
15-16 (1) who holds a security officer commission issued by
15-17 the Texas Board of Private Investigators and Private Security
15-18 Agencies, if:
15-19 (A) the person is engaged in the performance of
15-20 the person's duties as a security officer;
15-21 (B) the person is wearing a distinctive uniform;
15-22 and
15-23 (C) the weapon is in plain view;
15-24 (2) who is a peace officer; [or]
15-25 (3) who is a permittee or an employee of a permittee
15-26 if the person is supervising the operation of the premises; or
15-27 (4) who possesses a concealed handgun of the same
16-1 category the person is licensed to carry under Article 4413(29ee),
16-2 Revised Statutes, unless the person is on the premises of a
16-3 business described by Section 46.035(b)(1), Penal Code.
16-4 SECTION 15. Section 61.11, Alcoholic Beverage Code, is
16-5 amended to read as follows:
16-6 Sec. 61.11. Warning Sign Required. (a) Each holder of a
16-7 license who is not otherwise required to display a sign under
16-8 Section 31, Article 4413(29ee), Revised Statutes, shall display in
16-9 a prominent place on the license holder's [his] premises a sign
16-10 giving notice that it is unlawful for a person to carry a weapon on
16-11 the premises unless the weapon is a concealed handgun of the same
16-12 category the person is licensed to carry under Article 4413(29ee),
16-13 Revised Statutes.
16-14 (b) The sign must be [,] at least 6 inches high and 14
16-15 inches wide, must appear in contrasting colors, and shall be
16-16 displayed in a conspicuous manner clearly visible to the public
16-17 [stating: FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF TEN
16-18 YEARS' IMPRISONMENT AND A FINE NOT TO EXCEED $5,000 FOR CARRYING
16-19 WEAPONS WHERE ALCOHOLIC BEVERAGES ARE SOLD, SERVED, OR CONSUMED].
16-20 The commission or administrator may require the holder of the
16-21 license to also display the sign in a language other than English
16-22 if it can be observed or determined that a substantial portion of
16-23 the expected customers speak the other language as their familiar
16-24 language.
16-25 [(b) A licensee who violates this section commits a
16-26 misdemeanor punishable by a fine of not more than $25.]
16-27 SECTION 16. Section 61.71(f), Alcoholic Beverage Code, is
17-1 amended to read as follows:
17-2 (f) Except as provided by Subsection (g), the commission or
17-3 administrator shall cancel an original or renewal dealer's
17-4 on-premises or off-premises license if it is found, after notice
17-5 and hearing, that the licensee knowingly allowed a person to
17-6 possess a firearm in a building on the licensed premises. This
17-7 subsection does not apply to a person:
17-8 (1) who holds a security officer commission issued by
17-9 the Texas Board of Private Investigators and Private Security
17-10 Agencies, if:
17-11 (A) the person is engaged in the performance of
17-12 the person's duties as a security officer;
17-13 (B) the person is wearing a distinctive uniform;
17-14 and
17-15 (C) the weapon is in plain view;
17-16 (2) who is a peace officer; [or]
17-17 (3) who is a licensee or an employee of a licensee if
17-18 the person is supervising the operation of the premises; or
17-19 (4) who possesses a concealed handgun of the same
17-20 category the person is licensed to carry under Article 4413(29ee),
17-21 Revised Statutes, unless the person is on the premises of a
17-22 business described by Section 46.035(b)(1), Penal Code.
17-23 SECTION 17. Chapter 104, Alcoholic Beverage Code, is amended
17-24 by adding Section 104.06 to read as follows:
17-25 Sec. 104.06. MONITORING OF GROSS RECEIPTS. (a) On the
17-26 issuance and renewal of a license or permit that allows on-premises
17-27 consumption of any alcoholic beverage the commission shall
18-1 determine whether the holder receives, or for the issuance of a
18-2 license or permit is to receive, 51 percent or more of the gross
18-3 receipts of the premises for which the license or permit is issued
18-4 from the holder's sale or service of alcoholic beverages for
18-5 on-premises consumption.
18-6 (b) The commission shall:
18-7 (1) adopt rules for making a determination under
18-8 Subsection (a); and
18-9 (2) require a holder of a license or permit to provide
18-10 any information or document that the commission needs to make a
18-11 determination.
18-12 (c) If the commission makes a determination under Subsection
18-13 (a) that a holder of a license or permit receives 51 percent or
18-14 more of the gross receipts of the premises from the sale or service
18-15 of alcoholic beverages, the holder shall comply with the
18-16 requirements of Section 31, Article 4413(29ee), Revised Statutes,
18-17 and shall continue to comply with those requirements until the
18-18 commission determines that the holder receives less than 51 percent
18-19 of the gross receipts of the premises from the sale or service of
18-20 alcoholic beverages for on-premises consumption.
18-21 SECTION 18. Section 12.092(b), Health and Safety Code, as
18-22 added by Chapter 165, Acts of the 74th Legislature, Regular
18-23 Session, 1995, is amended to read as follows:
18-24 (b) The medical advisory board shall assist the Department
18-25 of Public Safety of the State of Texas in determining whether:
18-26 (1) an applicant for a driver's license or a license
18-27 holder is capable of safely operating a motor vehicle; or
19-1 (2) an applicant for or holder of a license to carry a
19-2 concealed handgun under the authority of Article 4413(29ee),
19-3 Revised Statutes, is capable of exercising sound judgment with
19-4 respect to the proper use and storage of a handgun.
19-5 SECTION 19. Sections 12.095(a), (c), and (d), Health and
19-6 Safety Code, as added by Chapter 165, Acts of the 74th Legislature,
19-7 Regular Session, 1995, are amended to read as follows:
19-8 (a) If the Department of Public Safety of the State of Texas
19-9 requests an opinion or recommendation from the medical advisory
19-10 board as to the ability of an applicant or license holder to
19-11 operate a motor vehicle safely or to exercise sound judgment with
19-12 respect to the proper use and storage of a handgun, the
19-13 commissioner or a person designated by the commissioner shall
19-14 convene a panel to consider the case or question submitted by that
19-15 department.
19-16 (c) Each panel member shall prepare an individual
19-17 independent written report for the Department of Public Safety of
19-18 the State of Texas that states the member's opinion as to the
19-19 ability of the applicant or license holder to operate a motor
19-20 vehicle safely or to exercise sound judgment with respect to the
19-21 proper use and storage of a handgun, as appropriate. In the report
19-22 the panel member may also make recommendations relating to that
19-23 department's subsequent action.
19-24 (d) In its deliberations, a panel may examine any medical
19-25 record or report that contains material that may be relevant to the
19-26 ability of the applicant or license holder [to operate a motor
19-27 vehicle safely].
20-1 SECTION 20. Chapter 30, Penal Code, is amended by adding
20-2 Section 30.06 to read as follows:
20-3 Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
20-4 HANDGUN. (a) A license holder commits an offense if the license
20-5 holder:
20-6 (1) carries a handgun under the authority of Article
20-7 4413(29ee), Revised Statutes, on property of another without
20-8 effective consent; and
20-9 (2) received notice that:
20-10 (A) entry on the property by a license holder
20-11 with a concealed handgun was forbidden; or
20-12 (B) remaining on the property with a concealed
20-13 handgun was forbidden and failed to depart.
20-14 (b) For purposes of this section, a person receives notice
20-15 if the owner of the property or someone with apparent authority to
20-16 act for the owner provides notice to the person by oral and written
20-17 communication.
20-18 (c) In this section:
20-19 (1) "Entry" has the meaning assigned by Section
20-20 30.05(b).
20-21 (2) "License holder" has the meaning assigned by
20-22 Section 46.035(f).
20-23 (d) An offense under this section is a Class A misdemeanor.
20-24 SECTION 21. Section 46.02, Penal Code, is amended to read as
20-25 follows:
20-26 Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
20-27 commits an offense if he intentionally, knowingly, or recklessly
21-1 carries on or about his person a handgun, illegal knife, or club.
21-2 (b) [It is a defense to prosecution under this section that
21-3 the actor was, at the time of the commission of the offense:]
21-4 [(1) in the actual discharge of his official duties as
21-5 a member of the armed forces or state military forces as defined by
21-6 Section 431.001, Government Code, or as a guard employed by a penal
21-7 institution;]
21-8 [(2) on his own premises or premises under his control
21-9 unless he is an employee or agent of the owner of the premises and
21-10 his primary responsibility is to act in the capacity of a security
21-11 guard to protect persons or property, in which event he must comply
21-12 with Subdivision (5);]
21-13 [(3) traveling;]
21-14 [(4) engaging in lawful hunting, fishing, or other
21-15 sporting activity on the immediate premises where the activity is
21-16 conducted, or was directly en route between the premises and the
21-17 actor's residence, if the weapon is a type commonly used in the
21-18 activity;]
21-19 [(5) a person who holds a security officer commission
21-20 issued by the Texas Board of Private Investigators and Private
21-21 Security Agencies, if:]
21-22 [(A) he is engaged in the performance of his
21-23 duties as a security officer or traveling to and from his place of
21-24 assignment;]
21-25 [(B) he is wearing a distinctive uniform; and]
21-26 [(C) the weapon is in plain view; or]
21-27 [(7) carrying a concealed handgun and a valid license
22-1 issued under Article 4413(29ee), Revised Statutes, to carry a
22-2 concealed handgun of the same category as the handgun the person is
22-3 carrying.]
22-4 [(7) a person who holds a security officer commission
22-5 and a personal protection authorization issued by the Texas Board
22-6 of Private Investigators and Private Security Agencies and who is
22-7 providing personal protection under the Private Investigators and
22-8 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
22-9 Civil Statutes).]
22-10 [(7) a holder of an alcoholic beverage permit or
22-11 license or an employee of a holder of an alcoholic beverage permit
22-12 or license if the actor is supervising the operation of the
22-13 permitted or licensed premises.]
22-14 [(c) It is a defense to prosecution under this section for
22-15 the offense of carrying a club that the actor was, at the time of
22-16 the commission of the offense, a noncommissioned security guard at
22-17 an institution of higher education who carried a nightstick or
22-18 similar club, and who had undergone 15 hours of training in the
22-19 proper use of the club, including at least seven hours of training
22-20 in the use of the club for nonviolent restraint. For the purposes
22-21 of this section, "nonviolent restraint" means the use of reasonable
22-22 force, not intended and not likely to inflict bodily injury.]
22-23 [(d) It is a defense to prosecution under this section for
22-24 the offense of carrying a firearm or carrying a club that the actor
22-25 was, at the time of the commission of the offense, a public
22-26 security officer employed by the adjutant general under Section
22-27 431.029, Government Code, and was performing official duties or
23-1 traveling to or from a place of duty.]
23-2 [(e)] Except as provided by Subsection (c) [(f)], an offense
23-3 under this section is a Class A misdemeanor.
23-4 (c) [(f)] An offense under this section is a felony of the
23-5 third degree if the offense is committed on any premises licensed
23-6 or issued a permit by this state for the sale of alcoholic
23-7 beverages.
23-8 SECTION 22. Sections 46.03(b) and (c), Penal Code, are
23-9 amended to read as follows:
23-10 (b) It is a defense to prosecution under Subsections
23-11 (a)(1)-(4) that the actor possessed a firearm while in the actual
23-12 discharge of his official duties as a [peace officer or a] member
23-13 of the armed forces or national guard or a guard employed by a
23-14 penal institution, or an officer of the court.
23-15 (c) In this section:
23-16 (1) "Premises" has the meaning assigned by Section
23-17 46.035.
23-18 (2) "Secured ["secured] area" means an area of an
23-19 airport terminal building to which access is controlled by the
23-20 inspection of persons and property under federal law.
23-21 SECTION 23. Section 46.035(b), Penal Code, is amended to
23-22 read as follows:
23-23 (b) A license holder commits an offense if the license
23-24 holder intentionally, knowingly, or recklessly carries a handgun
23-25 under the authority of Article 4413(29ee), Revised Statutes,
23-26 regardless of whether the handgun is concealed, on or about the
23-27 license holder's person:
24-1 (1) on the premises of a business that has a permit or
24-2 license issued under Chapter 25, 28, 32, [or] 69, or 74, Alcoholic
24-3 Beverage Code, if the business derives 51 percent or more of its
24-4 income from the sale or service of alcoholic beverages for
24-5 on-premises consumption, as determined by the Texas Alcoholic
24-6 Beverage Commission under Section 104.06, Alcoholic Beverage Code;
24-7 (2) on the premises where a high school, collegiate,
24-8 or professional sporting event or interscholastic event is taking
24-9 place, unless the license holder is a participant in the event and
24-10 a handgun is used in the event;
24-11 (3) on the premises of a correctional facility;
24-12 (4) on the premises of a hospital licensed under
24-13 Chapter 241, Health and Safety Code, or on the premises of a
24-14 nursing home licensed under Chapter 242, Health and Safety Code,
24-15 unless the license holder has written authorization of the hospital
24-16 or nursing home administration, as appropriate;
24-17 (5) in an amusement park; or
24-18 (6) on the premises of a church, synagogue, or other
24-19 established place of religious worship.
24-20 SECTION 24. Section 46.15, Penal Code, is amended to read as
24-21 follows:
24-22 Sec. 46.15. NONAPPLICABILITY [TO PEACE OFFICERS].
24-23 (a) Sections 46.02 and 46.03 do not apply to peace officers and
24-24 neither section prohibits a peace officer from carrying a weapon in
24-25 this state, regardless of whether the officer is engaged in the
24-26 actual discharge of the officer's duties while carrying the weapon.
24-27 (b) Section 46.02 does not apply to a person who:
25-1 (1) is in the actual discharge of official duties as a
25-2 member of the armed forces or state military forces as defined by
25-3 Section 431.001, Government Code, or as a guard employed by a penal
25-4 institution;
25-5 (2) is on the person's own premises or premises under
25-6 the person's control unless the person is an employee or agent of
25-7 the owner of the premises and the person's primary responsibility
25-8 is to act in the capacity of a security guard to protect persons or
25-9 property, in which event the person must comply with Subdivision
25-10 (5);
25-11 (3) is traveling;
25-12 (4) is engaging in lawful hunting, fishing, or other
25-13 sporting activity on the immediate premises where the activity is
25-14 conducted, or is directly en route between the premises and the
25-15 actor's residence, if the weapon is a type commonly used in the
25-16 activity;
25-17 (5) holds a security officer commission issued by the
25-18 Texas Board of Private Investigators and Private Security Agencies,
25-19 if:
25-20 (A) the person is engaged in the performance of
25-21 the person's duties as a security officer or traveling to and from
25-22 the person's place of assignment;
25-23 (B) the person is wearing a distinctive uniform;
25-24 and
25-25 (C) the weapon is in plain view;
25-26 (6) is carrying a concealed handgun and a valid
25-27 license issued under Article 4413(29ee), Revised Statutes, to carry
26-1 a concealed handgun of the same category as the handgun the person
26-2 is carrying;
26-3 (7) holds a security officer commission and a personal
26-4 protection authorization issued by the Texas Board of Private
26-5 Investigators and Private Security Agencies and who is providing
26-6 personal protection under the Private Investigators and Private
26-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
26-8 Statutes); or
26-9 (8) holds an alcoholic beverage permit or license or
26-10 is an employee of a holder of an alcoholic beverage permit or
26-11 license if the person is supervising the operation of the permitted
26-12 or licensed premises.
26-13 (c) The provision of Section 46.02 prohibiting the carrying
26-14 of a club does not apply to a noncommissioned security guard at an
26-15 institution of higher education who carries a nightstick or similar
26-16 club, and who has undergone 15 hours of training in the proper use
26-17 of the club, including at least seven hours of training in the use
26-18 of the club for nonviolent restraint. For the purposes of this
26-19 subsection, "nonviolent restraint" means the use of reasonable
26-20 force, not intended and not likely to inflict bodily injury.
26-21 (d) The provisions of Section 46.02 prohibiting the carrying
26-22 of a firearm or carrying of a club do not apply to a public
26-23 security officer employed by the adjutant general under Section
26-24 431.029, Government Code, in performance of official duties or
26-25 while traveling to or from a place of duty.
26-26 SECTION 25. Section 1(10), Article 4413(29ee), Revised
26-27 Statutes, is repealed.
27-1 SECTION 26. (a) The changes in law made by this Act in
27-2 repealing Section 1(10), Article 4413(29ee), Revised Statutes,
27-3 adding Section 2(d), Article 4413(29ee), Revised Statutes, and
27-4 amending Sections 12.092 and 12.095, Health and Safety Code, as
27-5 added by Chapter 165, Acts of the 74th Legislature, Regular
27-6 Session, 1995, apply only to a person's initial application for a
27-7 license to carry a concealed handgun under Article 4413(29ee),
27-8 Revised Statutes, if the application is made on or after the
27-9 effective date of this Act. A person who makes an initial
27-10 application for a license to carry a concealed handgun under
27-11 Article 4413(29ee), Revised Statutes, before the effective date of
27-12 this Act is covered by the law that existed when the application
27-13 was made, and the former law is continued in effect for that
27-14 purpose.
27-15 (b) The changes in law made by this Act in repealing Section
27-16 1(10), Article 4413(29ee), Revised Statutes, adding Section 2(d),
27-17 Article 4413(29ee), Revised Statutes, and amending Sections 12.092
27-18 and 12.095, Health and Safety Code, as added by Chapter 165, Acts
27-19 of the 74th Legislature, Regular Session, 1995, regarding the
27-20 revocation of a license to carry a handgun, apply to any revocation
27-21 proceeding initiated on or after the effective date of this Act.
27-22 SECTION 27. Not later than September 1, 1998, a person who
27-23 before the effective date of this Act was licensed to carry a
27-24 concealed handgun under Article 4413(29ee), Revised Statutes, and
27-25 whose license was revoked on the sole basis that the person was
27-26 charged with the commission of a Class A or Class B misdemeanor or
27-27 an offense under Section 42.01, Penal Code, or a felony under an
28-1 information or indictment may apply to the department to change the
28-2 status of the person's license in accordance with Sections 12 and
28-3 13, Article 4413(29ee), Revised Statutes, as amended by this Act.
28-4 The Department of Public Safety shall promptly place the person's
28-5 license on suspension, if the charges against the person are still
28-6 pending, or reinstate the person's license, if the charges against
28-7 the person have been dismissed.
28-8 SECTION 28. Not later than December 1, 1997, the Department
28-9 of Public Safety shall establish the procedure and shall commence
28-10 any negotiation required by Section 35, Article 4413(29ee), Revised
28-11 Statutes, as amended by this Act.
28-12 SECTION 29. (a) The Texas Alcoholic Beverage Commission
28-13 shall:
28-14 (1) not later than October 1, 1997, adopt the rules
28-15 required by Section 104.06, Alcoholic Beverage Code, as added by
28-16 this Act; and
28-17 (2) at the time of the issuance or the first renewal
28-18 of a license or permit under the Alcoholic Beverage Code, that
28-19 allows on-premises consumption of any alcoholic beverage and that
28-20 occurs on or after October 1, 1997, make the initial determination
28-21 required by Section 104.06, Alcoholic Beverage Code, as added by
28-22 this Act.
28-23 (b) The change in law made by this Act to Section 31,
28-24 Article 4413(29ee), Revised Statutes, applies only to the display
28-25 of a sign on or after the date the Texas Alcoholic Beverage
28-26 Commission makes an initial determination under Section 104.06,
28-27 Alcoholic Beverage Code, as added by this Act, in accordance with
29-1 Subsection (a)(2) of this section, with respect to the holder of a
29-2 license or permit who conducts business on the premises for which
29-3 the determination is made.
29-4 (c) The change in law made by this Act to Section 46.035,
29-5 Penal Code, relating to the Texas Alcoholic Beverage Commission's
29-6 determination of the percentage of income derived from the sale or
29-7 service of alcoholic beverages for on-premises consumption applies
29-8 only to an offense committed on or after October 1, 1998. For
29-9 purposes of this section, an offense is committed before October 1,
29-10 1998, if any element of the offense occurs before that date.
29-11 SECTION 30. The changes in law made by this Act to Sections
29-12 46.02, 46.03, and 46.15, Penal Code, apply only to an offense
29-13 committed on or after the effective date of this Act. An offense
29-14 committed before the effective date of this Act is covered by the
29-15 law in effect when the offense was committed, and the former law is
29-16 continued in effect for that purpose. For purposes of this
29-17 section, an offense was committed before the effective date of this
29-18 Act if any element of the offense occurred before that date.
29-19 SECTION 31. This Act takes effect September 1, 1997.
29-20 SECTION 32. The importance of this legislation and the
29-21 crowded condition of the calendars in both houses create an
29-22 emergency and an imperative public necessity that the
29-23 constitutional rule requiring bills to be read on three several
29-24 days in each house be suspended, and this rule is hereby suspended.