By Carter H.B. No. 2909
75R9141 GWK-D
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(b)
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 a medical or psychiatric
3-6 diagnosis, disorder, or condition that in the opinion of a
3-7 qualified psychiatrist or other clinically appropriate medical
3-8 professional causes or is likely to cause substantial impairment in
3-9 judgment, mood, perception, impulse control, or intellectual
3-10 ability; or
3-11 (B) the person had a diagnosis, disorder, or
3-12 condition described by Paragraph (A) of this subdivision that is in
3-13 remission:
3-14 (i) but is reasonably likely to redevelop
3-15 at a future time; or
3-16 (ii) because of treatment and the person
3-17 relies on continued treatment to avoid redevelopment.
3-18 (2) The following are evidence that a person has a
3-19 medical or psychiatric diagnosis, disorder, or condition described
3-20 by Subdivision (1)(A) of this subsection:
3-21 (A) involuntary psychiatric hospitalization in
3-22 the preceding five-year period;
3-23 (B) psychiatric hospitalization in the preceding
3-24 two-year period;
3-25 (C) inpatient or residential substance abuse
3-26 treatment in the preceding five-year period;
3-27 (D) diagnosis in the preceding five-year period
4-1 by a psychiatrist or other clinically appropriate medical
4-2 professional that the person is dependent on alcohol, a controlled
4-3 substance, or a similar substance; or
4-4 (E) diagnosis at any time by a psychiatrist or
4-5 other clinically appropriate medical professional that the person
4-6 has or has had:
4-7 (i) schizophrenia, schizoaffective
4-8 disorder, delusional disorder, shared psychotic disorder, psychotic
4-9 disorder caused by a chronic medical condition or defect, or a
4-10 substantially similar disorder;
4-11 (ii) bipolar disorder;
4-12 (iii) chronic dementia, including
4-13 Alzheimer's dementia, whether caused by illness, brain defect, or
4-14 brain injury;
4-15 (iv) dissociative identity disorder;
4-16 (v) intermittent explosive disorder;
4-17 (vi) antisocial personality disorder;
4-18 (vii) schizotypal personality disorder;
4-19 (viii) borderline personality disorder; or
4-20 (ix) any diagnosis that is substantially
4-21 clinically similar to a diagnosis listed in this paragraph, but
4-22 titled differently because of changing diagnostic nomenclature.
4-23 SECTION 3. Section 3(a), Article 4413(29ee), Revised
4-24 Statutes, is amended to read as follows:
4-25 (a) An applicant for a license to carry a concealed handgun
4-26 must submit to the director's designee described by Section 5 of
4-27 this article:
5-1 (1) a completed application on a form provided by the
5-2 department that requires only the information listed in Subsection
5-3 (b) of this section;
5-4 (2) two recent color passport photographs of the
5-5 applicant;
5-6 (3) a certified copy of the applicant's birth
5-7 certificate or certified proof of age;
5-8 (4) proof of residency in this state;
5-9 (5) two complete sets of legible and classifiable
5-10 fingerprints of the applicant taken by a person [employed by a law
5-11 enforcement agency who is] appropriately trained in recording
5-12 fingerprints who is employed by a law enforcement agency or by a
5-13 private entity designated by a law enforcement agency as an entity
5-14 qualified to take fingerprints of an applicant for a license under
5-15 this article;
5-16 (6) a nonrefundable application and license fee of
5-17 $140 paid to the department;
5-18 (7) a handgun proficiency certificate described by
5-19 Section 17 of this article;
5-20 (8) an affidavit signed by the applicant stating that
5-21 the applicant:
5-22 (A) has read and understands each provision of
5-23 this article that creates an offense under the laws of this state
5-24 and each provision of the laws of this state related to use of
5-25 deadly force; and
5-26 (B) fulfills all the eligibility requirements
5-27 listed under Section 2 of this article; and
6-1 (9) a form executed by the applicant that authorizes
6-2 the director to make an inquiry into any noncriminal history
6-3 records that are necessary to determine the applicant's eligibility
6-4 for a license under Section 2(a) of this article.
6-5 SECTION 4. Section 5(b), Article 4413(29ee), Revised
6-6 Statutes, is amended to read as follows:
6-7 (b) The director's designee as needed shall conduct an
6-8 additional criminal history record check of the applicant and an
6-9 investigation of the applicant's local official records to verify
6-10 the accuracy of the application materials. The scope of the record
6-11 check and the investigation are at the sole discretion of the
6-12 department, except that the director's designee shall complete the
6-13 record check and investigation not later than 60 days after the
6-14 date the department receives the application materials. The
6-15 department shall send a fingerprint card to the Federal Bureau of
6-16 Investigation for a national criminal history check of the
6-17 applicant. On completion of the investigation, the director's
6-18 designee shall return all materials and the result of the
6-19 investigation to the appropriate division of the department at its
6-20 Austin headquarters. The director's designee may submit to the
6-21 appropriate division of the department, at the department's Austin
6-22 headquarters, along with the application materials a written
6-23 recommendation for disapproval of the application, accompanied by
6-24 an affidavit stating personal knowledge or naming persons with
6-25 personal knowledge of a ground for denial under Section 2 of this
6-26 article. The director's designee in the appropriate geographical
6-27 area may also submit the application and the recommendation that
7-1 the license be issued. On receipt at the department's Austin
7-2 headquarters of the application materials and the result of the
7-3 investigation by the director's designee, the department shall
7-4 conduct any further record check or investigation the department
7-5 determines is necessary based on the recommendation of the
7-6 director's designee, except that the department shall complete the
7-7 record check and investigation not later than 180 days after the
7-8 date the department receives the application materials from the
7-9 applicant.
7-10 SECTION 5. Section 6(b), Article 4413(29ee), Revised
7-11 Statutes, is amended to read as follows:
7-12 (b)[(1)] Not [After January 1, 1997, the department, not]
7-13 later than the 60th day after the date of the receipt by the
7-14 director's designee of the completed application materials, the
7-15 department shall:
7-16 (1) [(A)] issue the license; [or]
7-17 (2) [(B)] notify the applicant in writing that the
7-18 application was denied:
7-19 (A) [(i)] on the grounds that the applicant
7-20 failed to qualify under the criteria listed in Section 2 of this
7-21 article;
7-22 (B) [(ii)] based on the affidavit of the
7-23 director's designee submitted to the department under Section 5(b)
7-24 of this article; or
7-25 (C) [(iii)] based on the affidavit of the
7-26 qualified handgun instructor submitted to the department under
7-27 Section 17(c) of this article; or
8-1 (3) notify the applicant in writing that the
8-2 department is unable to make a determination regarding the issuance
8-3 or denial of a license to the applicant within the 60-day period
8-4 prescribed by this subsection and include in that notification an
8-5 explanation of the reason for the inability and an estimation of
8-6 the amount of time the department will need to make the
8-7 determination.
8-8 [(2) Between the effective date of this article and
8-9 December 31, 1996, the department shall perform the duties set out
8-10 in this subsection not later than the 90th day after the date of
8-11 the receipt by the director's designee of the completed application
8-12 materials.]
8-13 SECTION 6. Sections 6(g), (h), and (i), Article 4413(29ee),
8-14 Revised Statutes, are amended and relettered to read as follows:
8-15 (g) [On a demand by a magistrate or a peace officer that a
8-16 license holder display the license holder's handgun license, the
8-17 license holder shall display both the license and the license
8-18 holder's driver's license or identification certificate issued by
8-19 the department.]
8-20 [(h)] If a license holder is carrying a handgun on or about
8-21 the license holder's person when a magistrate or a peace officer
8-22 demands that the license holder display identification, the license
8-23 holder shall display both the license holder's driver's license or
8-24 identification certificate issued by the department and the license
8-25 holder's handgun license. A person who fails or refuses to display
8-26 the license and identification as required by this subsection is
8-27 subject to suspension of the person's license as provided by
9-1 Section 13 of this article.
9-2 (h) [(i)] A person commits an offense if the person fails or
9-3 refuses to display the license and identification as required by
9-4 Subsection (g) [or (h)] of this section after previously having had
9-5 the person's license suspended for a violation of that subsection.
9-6 An offense under this subsection is a Class B misdemeanor.
9-7 SECTION 7. Section 12(a), Article 4413(29ee), Revised
9-8 Statutes, is amended to read as follows:
9-9 (a) A license may be revoked under this section if the
9-10 license holder:
9-11 (1) was not entitled to the license at the time it was
9-12 issued;
9-13 (2) gave false information on the application;
9-14 (3) subsequently becomes ineligible for a license
9-15 under Section 2 of this article, unless the sole basis for the
9-16 ineligibility is that the license holder is charged with the
9-17 commission of a Class A or Class B misdemeanor or an offense under
9-18 Section 42.01, Penal Code, or of a felony under an information or
9-19 indictment; [or]
9-20 (4) is convicted of an offense under Section 46.035,
9-21 Penal Code; or
9-22 (5) is determined by the department to have engaged in
9-23 conduct constituting a reason to suspend a license listed in
9-24 Section 13(a) of this article after the person's license has been
9-25 previously suspended twice for the same reason.
9-26 SECTION 8. Sections 13(a) and (c), Article 4413(29ee),
9-27 Revised Statutes, are amended to read as follows:
10-1 (a) A license may be suspended under this section if the
10-2 license holder:
10-3 (1) is charged with the commission of a Class A or
10-4 Class B misdemeanor or an offense [convicted of disorderly conduct
10-5 punishable as a Class C misdemeanor] under Section 42.01, Penal
10-6 Code, or of a felony under an information or indictment;
10-7 (2) fails to display a license as required by Section
10-8 6 of this article;
10-9 (3) fails to notify the department of a change of
10-10 address or name as required by Section 8 of this article;
10-11 (4) carries a concealed handgun under the authority of
10-12 this article of a different category than the license holder is
10-13 licensed to carry; or
10-14 (5) [has been charged by indictment with the
10-15 commission of an offense that would make the license holder
10-16 ineligible for a license on conviction; or]
10-17 [(6)] fails to return a previously issued license
10-18 after a license is modified as required by Section 10(d) of this
10-19 article.
10-20 (c) A license may be suspended under this section:
10-21 (1) for 30 days, if the person's license is subject to
10-22 suspension for a reason listed in Subsection (a)(3), (4), or (5) of
10-23 this section, except as provided by Subdivision (3) of this
10-24 subsection;
10-25 (2) for 90 days, if the person's license is subject to
10-26 suspension for a reason listed in Subsection (a)(2) of this
10-27 section, except as provided by Subdivision (3) of this subsection;
11-1 (3) for not less than one year and not more than three
11-2 years if the person's license is subject to suspension for a reason
11-3 listed in Subsection (a) of this section, other than the reason
11-4 listed in Subsection (a)(1) of this section, and the person's
11-5 license has been previously suspended for the same reason; or
11-6 (4) until dismissal of the charges, if the person's
11-7 license is subject to suspension for the reason listed in
11-8 Subsection (a)(1) of this section.
11-9 SECTION 9. Section 17(c), Article 4413(29ee), Revised
11-10 Statutes, is amended to read as follows:
11-11 (c) A qualified handgun instructor may submit to the
11-12 department a written recommendation for disapproval of the
11-13 application for a license, renewal, or modification of a license,
11-14 accompanied by an affidavit stating personal knowledge or naming
11-15 persons with personal knowledge of facts that lead the instructor
11-16 to believe that an applicant is not qualified for handgun
11-17 proficiency certification. The department may use a written
11-18 recommendation submitted under this subsection as the basis for
11-19 denial of a license only if the department determines that the
11-20 recommendation is made in good faith and is supported by a
11-21 preponderance of the evidence. The department shall make a
11-22 determination under this subsection not later than the 45th day
11-23 after the date the department receives the written recommendation.
11-24 The 60-day period in which the department must take action under
11-25 Section 6(b) of this article is extended one day for each day a
11-26 determination is pending under this subsection.
11-27 SECTION 10. Sections 18(c) and (f), Article 4413(29ee),
12-1 Revised Statutes, are amended to read as follows:
12-2 (c) The department shall provide training to an individual
12-3 who applies for certification as a qualified handgun instructor.
12-4 An applicant shall pay a fee of $100 to the department for the
12-5 training. An applicant must take and successfully complete the
12-6 training offered by the department and pay the training fee before
12-7 the department may certify the applicant as a qualified handgun
12-8 instructor. If the [The] department certifies a person as a
12-9 qualified handgun instructor, the department shall at that time
12-10 issue to the person [waive the requirements regarding a handgun
12-11 proficiency certification under Section 17 of this article for an
12-12 applicant for] a license to carry a concealed handgun under the
12-13 authority of this article [who takes and successfully completes
12-14 training under this subsection and pays the training fee]. The
12-15 department by rule may prorate or waive the training fee for an
12-16 employee of another governmental entity.
12-17 (f) If the department determines that a reason exists to
12-18 revoke, suspend, or deny a license to carry a concealed handgun
12-19 with respect to a person who is a qualified handgun instructor or
12-20 an applicant for certification as a qualified handgun instructor,
12-21 the department shall take that action against the person's license
12-22 to carry a concealed handgun and the person's certification as a
12-23 qualified handgun instructor [regardless of whether the person has
12-24 a license issued under this article to carry a concealed handgun].
12-25 SECTION 11. Sections 31(a) and (c), Article 4413(29ee),
12-26 Revised Statutes, are amended to read as follows:
12-27 (a) A business that has a permit or license issued under
13-1 Chapter 25, 28, 32, [or] 69, or 74, Alcoholic Beverage Code, and
13-2 that derives 51 percent or more of its income from the sale of
13-3 alcoholic beverages for on-premises consumption shall prominently
13-4 display at each entrance to the business premises a sign that
13-5 complies with the requirements of Subsection (c) of this section.
13-6 (c) The sign required under Subsections (a) and (b) of this
13-7 section must give notice in both English and Spanish that it is
13-8 unlawful for a person licensed under this article to carry a
13-9 handgun on the premises. The sign must appear in contrasting
13-10 colors with block letters at least one inch in height and must
13-11 include on its face the number "51" printed in solid red at least
13-12 five inches in height. The sign shall be displayed in a
13-13 conspicuous manner clearly visible to the public.
13-14 SECTION 12. Section 35, Article 4413(29ee), Revised
13-15 Statutes, is amended to read as follows:
13-16 Sec. 35. RECIPROCAL LICENSE. (a) On application by a
13-17 person who has a valid license to carry a concealed handgun issued
13-18 by another state, the department may issue to the person a license
13-19 under this article without requiring that the person meet
13-20 eligibility requirements or pay fees otherwise imposed under this
13-21 article, but only if the department determines that:
13-22 (1) the [eligibility requirements imposed by the]
13-23 other state recognizes a license issued under [are at least as
13-24 rigorous as the requirements imposed by] this article when the
13-25 license holder is in that state; or [and]
13-26 (2) the other state provides reciprocal licensing
13-27 privileges to a person who holds a license issued under this
14-1 article and applies for a license in the other state.
14-2 (b) On application by a person who is a legal resident of a
14-3 state that does not provide for the issuance of a license to carry
14-4 a concealed handgun to eligible applicants, the department may
14-5 issue to the person a license under this article provided that the
14-6 person meets the eligibility requirements, other than the residency
14-7 requirement, and pays the fees imposed under this article for a
14-8 legal resident of this state.
14-9 SECTION 13. Section 11.61(e), Alcoholic Beverage Code, is
14-10 amended to read as follows:
14-11 (e) Except as provided by Subsection (f), the commission or
14-12 administrator shall cancel an original or renewal permit if it is
14-13 found, after notice and hearing, that the permittee knowingly
14-14 allowed a person to possess a firearm in a building on the licensed
14-15 premises. This subsection does not apply to a person:
14-16 (1) who holds a security officer commission issued by
14-17 the Texas Board of Private Investigators and Private Security
14-18 Agencies, if:
14-19 (A) the person is engaged in the performance of
14-20 the person's duties as a security officer;
14-21 (B) the person is wearing a distinctive uniform;
14-22 and
14-23 (C) the weapon is in plain view;
14-24 (2) who is a peace officer; [or]
14-25 (3) who is a permittee or an employee of a permittee
14-26 if the person is supervising the operation of the premises; or
14-27 (4) who possesses a concealed handgun of the same
15-1 category the person is licensed to carry under Article 4413(29ee),
15-2 Revised Statutes, unless the person is on the premises of a
15-3 business described by Section 46.035(b)(1), Penal Code.
15-4 SECTION 14. Section 61.71(f), Alcoholic Beverage Code, is
15-5 amended to read as follows:
15-6 (f) Except as provided by Subsection (g), the commission or
15-7 administrator shall cancel an original or renewal dealer's
15-8 on-premises or off-premises license if it is found, after notice
15-9 and hearing, that the licensee knowingly allowed a person to
15-10 possess a firearm in a building on the licensed premises. This
15-11 subsection does not apply to a person:
15-12 (1) who holds a security officer commission issued by
15-13 the Texas Board of Private Investigators and Private Security
15-14 Agencies, if:
15-15 (A) the person is engaged in the performance of
15-16 the person's duties as a security officer;
15-17 (B) the person is wearing a distinctive uniform;
15-18 and
15-19 (C) the weapon is in plain view;
15-20 (2) who is a peace officer; [or]
15-21 (3) who is a licensee or an employee of a licensee if
15-22 the person is supervising the operation of the premises; or
15-23 (4) who possesses a concealed handgun of the same
15-24 category the person is licensed to carry under Article 4413(29ee),
15-25 Revised Statutes, unless the person is on the premises of a
15-26 business described by Section 46.035(b)(1), Penal Code.
15-27 SECTION 15. Section 12.092(b), Health and Safety Code, as
16-1 added by Chapter 165, Acts of the 74th Legislature, Regular
16-2 Session, 1995, is amended to read as follows:
16-3 (b) The medical advisory board shall assist the Department
16-4 of Public Safety of the State of Texas in determining whether:
16-5 (1) an applicant for a driver's license or a license
16-6 holder is capable of safely operating a motor vehicle; or
16-7 (2) an applicant for or holder of a license to carry a
16-8 concealed handgun under the authority of Article 4413(29ee),
16-9 Revised Statutes, is capable of exercising sound judgment with
16-10 respect to the proper use and storage of a handgun.
16-11 SECTION 16. Sections 12.095(a), (c), and (d), Health and
16-12 Safety Code, as added by Chapter 165, Acts of the 74th Legislature,
16-13 Regular Session, 1995, are amended to read as follows:
16-14 (a) If the Department of Public Safety of the State of Texas
16-15 requests an opinion or recommendation from the medical advisory
16-16 board as to the ability of an applicant or license holder to
16-17 operate a motor vehicle safely or to exercise sound judgment with
16-18 respect to the proper use and storage of a handgun, the
16-19 commissioner or a person designated by the commissioner shall
16-20 convene a panel to consider the case or question submitted by that
16-21 department.
16-22 (c) Each panel member shall prepare an individual
16-23 independent written report for the Department of Public Safety of
16-24 the State of Texas that states the member's opinion as to the
16-25 ability of the applicant or license holder to operate a motor
16-26 vehicle safely or to exercise sound judgment with respect to the
16-27 proper use and storage of a handgun, as appropriate. In the report
17-1 the panel member may also make recommendations relating to that
17-2 department's subsequent action.
17-3 (d) In its deliberations, a panel may examine any medical
17-4 record or report that contains material that may be relevant to the
17-5 ability of the applicant or license holder [to operate a motor
17-6 vehicle safely].
17-7 SECTION 17. Chapter 30, Penal Code, is amended by adding
17-8 Section 30.06 to read as follows:
17-9 Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
17-10 HANDGUN. (a) A license holder commits an offense if the license
17-11 holder:
17-12 (1) carries a handgun under the authority of Article
17-13 4413(29ee), Revised Statutes, on property of another without
17-14 effective consent; and
17-15 (2) received notice that:
17-16 (A) entry on the property by a license holder
17-17 with a concealed handgun was forbidden; or
17-18 (B) remaining on the property with a concealed
17-19 handgun was forbidden and failed to depart.
17-20 (b) For purposes of this section, a person receives notice
17-21 if the owner of the property or someone with apparent authority to
17-22 act for the owner provides notice to the person by oral and written
17-23 communication.
17-24 (c) In this section:
17-25 (1) "Entry" has the meaning assigned by Section
17-26 30.05(b).
17-27 (2) "License holder" has the meaning assigned by
18-1 Section 46.035(f).
18-2 (d) An offense under this section is a Class A misdemeanor.
18-3 SECTION 18. Section 46.03, Penal Code, is amended by adding
18-4 Subsection (i) to read as follows:
18-5 (i) It is a defense to prosecution under Subsection (a)(1),
18-6 (2), or (4) that at the time of the commission of the offense:
18-7 (1) the actor possessed a concealed handgun of the
18-8 same category the actor was licensed to carry under Article
18-9 4413(29ee), Revised Statutes;
18-10 (2) the handgun was in a secure position in a motor
18-11 vehicle in which the actor was the driver or a passenger; and
18-12 (3) the vehicle was in a driveway, parking area, or
18-13 other part of the premises that reasonably appeared to be a place
18-14 intended for use as a driveway or parking area.
18-15 SECTION 19. Section 46.035(b), Penal Code, is amended to
18-16 read as follows:
18-17 (b) A license holder commits an offense if the license
18-18 holder intentionally, knowingly, or recklessly carries a handgun
18-19 under the authority of Article 4413(29ee), Revised Statutes,
18-20 regardless of whether the handgun is concealed, on or about the
18-21 license holder's person:
18-22 (1) on the premises of a business that has a permit or
18-23 license issued under Chapter 25, 28, 32, [or] 69, or 74, Alcoholic
18-24 Beverage Code, if the business derives 51 percent or more of its
18-25 income from the sale of alcoholic beverages for on-premises
18-26 consumption;
18-27 (2) on the premises where a high school, collegiate,
19-1 or professional sporting event or interscholastic event is taking
19-2 place, unless the license holder is a participant in the event and
19-3 a handgun is used in the event;
19-4 (3) on the premises of a correctional facility;
19-5 (4) on the premises of a hospital licensed under
19-6 Chapter 241, Health and Safety Code, or on the premises of a
19-7 nursing home licensed under Chapter 242, Health and Safety Code,
19-8 unless the license holder has written authorization of the hospital
19-9 or nursing home administration, as appropriate;
19-10 (5) in an amusement park; or
19-11 (6) on the premises of a church, synagogue, or other
19-12 established place of religious worship.
19-13 SECTION 20. Section 1(10), Article 4413(29ee), Revised
19-14 Statutes, is repealed.
19-15 SECTION 21. (a) The changes in law made by this Act in
19-16 repealing Section 1(10), Article 4413(29ee), Revised Statutes,
19-17 adding Section 2(d), Article 4413(29ee), Revised Statutes, and
19-18 amending Sections 12.092 and 12.095, Health and Safety Code, as
19-19 added by Chapter 165, Acts of the 74th Legislature, Regular
19-20 Session, 1995, apply only to a person's initial application for a
19-21 license to carry a concealed handgun under Article 4413(29ee),
19-22 Revised Statutes, if the application is made on or after the
19-23 effective date of this Act. A person who makes an initial
19-24 application for a license to carry a concealed handgun under
19-25 Article 4413(29ee), Revised Statutes, before the effective date of
19-26 this Act is covered by the law that existed when the application
19-27 was made, and the former law is continued in effect for that
20-1 purpose.
20-2 (b) The changes in law made by this Act in repealing Section
20-3 1(10), Article 4413(29ee), Revised Statutes, adding Section 2(d),
20-4 Article 4413(29ee), Revised Statutes, and amending Sections 12.092
20-5 and 12.095, Health and Safety Code, as added by Chapter 165, Acts
20-6 of the 74th Legislature, Regular Session, 1995, regarding the
20-7 revocation of a license to carry a handgun, apply to any revocation
20-8 proceeding initiated on or after the effective date of this Act.
20-9 SECTION 22. Not later than September 1, 1998, a person who
20-10 before the effective date of this Act was licensed to carry a
20-11 concealed handgun under Article 4413(29ee), Revised Statutes, and
20-12 whose license was revoked on the sole basis that the person was
20-13 charged with the commission of a Class A or Class B misdemeanor or
20-14 an offense under Section 42.01, Penal Code, or a felony under an
20-15 information or indictment may apply to the department to change the
20-16 status of the person's license in accordance with Sections 12 and
20-17 13, Article 4413(29ee), Revised Statutes, as amended by this Act.
20-18 The Department of Public Safety shall promptly place the person's
20-19 license on suspension, if the charges against the person are still
20-20 pending, or reinstate the person's license, if the charges against
20-21 the person have been dismissed.
20-22 SECTION 23. The change in law made by this Act to Section
20-23 18, Article 4413(29ee), Revised Statutes, applies only to an
20-24 application for certification as a qualified handgun instructor
20-25 that is submitted to the Department of Public Safety on or after
20-26 the effective date of this Act. An application for certification
20-27 as a qualified handgun instructor submitted before the effective
21-1 date of this Act is covered by the law under Section 18, Article
21-2 4413(29ee), Revised Statutes, as it existed before amendment by
21-3 this Act, and the former law is continued in effect for this
21-4 purpose.
21-5 SECTION 24. The changes in law made by this Act to Sections
21-6 46.03 and 46.035, Penal Code, apply only to an offense committed on
21-7 or after the effective date of this Act. An offense committed
21-8 before the effective date of this Act is covered by the law in
21-9 effect when the offense was committed, and the former law is
21-10 continued in effect for that purpose. For purposes of this
21-11 section, an offense was committed before the effective date of this
21-12 Act if any element of the offense occurred before that date.
21-13 SECTION 25. This Act takes effect September 1, 1997.
21-14 SECTION 26. The importance of this legislation and the
21-15 crowded condition of the calendars in both houses create an
21-16 emergency and an imperative public necessity that the
21-17 constitutional rule requiring bills to be read on three several
21-18 days in each house be suspended, and this rule is hereby suspended.