1-1     By:  Carter, et al. (Senate Sponsor - Patterson)      H.B. No. 2909

 1-2           (In the Senate - Received from the House May 15, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 5, Nays 2; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to persons eligible for a license to carry a concealed

 1-9     handgun, to the rights and duties of license holders, and to

1-10     certain offenses involving weapons.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 2(a), Article 4413(29ee), Revised

1-13     Statutes, is amended to read as follows:

1-14           (a)  A person is eligible for a license to carry a concealed

1-15     handgun if the person:

1-16                 (1)  is a legal resident of this state for the

1-17     six-month period preceding the date of application under this

1-18     article or is otherwise eligible for a license under Section 35(a)

1-19     of this article;

1-20                 (2)  is at least 21 years of age;

1-21                 (3)  has not been convicted of a felony;

1-22                 (4)  is not charged with the commission of a Class A or

1-23     Class B misdemeanor or an offense under Section 42.01, Penal Code,

1-24     or of a felony under an information or indictment;

1-25                 (5)  is not a fugitive from justice for a felony or a

1-26     Class A or Class B misdemeanor;

1-27                 (6)  is not a chemically dependent person;

1-28                 (7)  is not incapable of exercising sound judgment with

1-29     respect to the proper use and storage of a handgun [a person of

1-30     unsound mind];

1-31                 (8)  has not, in the five years preceding the date of

1-32     application, been convicted of a Class A or Class B misdemeanor or

1-33     an offense under Section 42.01, Penal Code;

1-34                 (9)  is fully qualified under applicable federal and

1-35     state law to purchase a handgun;

1-36                 (10)  has not been finally determined to be delinquent

1-37     in making a child support payment administered or collected by the

1-38     attorney general;

1-39                 (11)  has not been finally determined to be delinquent

1-40     in the payment of a tax or other money collected by the

1-41     comptroller, state treasurer, tax collector of a political

1-42     subdivision of the state, Texas Alcoholic Beverage Commission, or

1-43     any other agency or subdivision of the state;

1-44                 (12)  has not been finally determined to be in default

1-45     on a loan made under Chapter 57, Education Code;

1-46                 (13)  is not currently restricted under a court

1-47     protective order or subject to a restraining order affecting the

1-48     spousal relationship, not including a restraining order solely

1-49     affecting property interests;

1-50                 (14)  has not, in the 10 years preceding the date of

1-51     application, been adjudicated as having engaged in delinquent

1-52     conduct violating a penal law of the grade of felony; and

1-53                 (15)  has not made any material misrepresentation, or

1-54     failed to disclose any material fact, in an application submitted

1-55     pursuant to Section 3 of this article or in a request for

1-56     application submitted pursuant to Section 4 of this article.

1-57           SECTION 2.  Section 2, Article 4413(29ee), Revised Statutes,

1-58     is amended by adding Subsection (d) to read as follows:

1-59           (d)(1)  For purposes of Subsection (a)(7) of this section, a

1-60     person is incapable of exercising sound judgment with respect to

1-61     the proper use and storage of a handgun if:

1-62                       (A)  the person has been diagnosed by a licensed

1-63     physician as suffering from a psychiatric disorder or condition

1-64     that causes or is likely to cause substantial impairment in

 2-1     judgment, mood, perception, impulse control, or intellectual

 2-2     ability;

 2-3                       (B)  the person suffers from a psychiatric

 2-4     disorder or condition described by Paragraph (A) of this

 2-5     subdivision that:

 2-6                             (i)  is in remission but is reasonably

 2-7     likely to redevelop at a future time; or

 2-8                             (ii)  requires continuous medical treatment

 2-9     to avoid redevelopment;

2-10                       (C)  the person has been diagnosed by a licensed

2-11     physician or declared by a court to be incompetent to manage the

2-12     person's own affairs; or

2-13                       (D)  the person has entered in any criminal

2-14     proceeding a plea of not guilty by reason of insanity.

2-15                 (2)  The following are evidence that a person has a

2-16     psychiatric disorder or condition described by Subdivision (1)(A)

2-17     of this subsection:

2-18                       (A)  involuntary psychiatric hospitalization in

2-19     the preceding five-year period;

2-20                       (B)  psychiatric hospitalization in the preceding

2-21     two-year period;

2-22                       (C)  inpatient or residential substance abuse

2-23     treatment in the preceding five-year period;

2-24                       (D)  diagnosis in the preceding five-year period

2-25     by a licensed physician that the person is dependent on alcohol, a

2-26     controlled substance, or a similar substance; or

2-27                       (E)  diagnosis at any time by a licensed

2-28     physician that the person suffers or has suffered from a

2-29     psychiatric disorder or condition consisting of or relating to:

2-30                             (i)  schizophrenia or delusional disorder;

2-31                             (ii)  bipolar disorder;

2-32                             (iii)  chronic dementia, whether caused by

2-33     illness, brain defect, or brain injury;

2-34                             (iv)  dissociative identity disorder;

2-35                             (v)  intermittent explosive disorder; or

2-36                             (vi)  antisocial personality disorder.

2-37                 (3)  Notwithstanding Subdivision (1), a person who has

2-38     previously been diagnosed as suffering from a psychiatric disorder

2-39     or condition described by Subdivision (1) or listed in Subdivision

2-40     (2) is not because of that disorder or condition incapable of

2-41     exercising sound judgment with respect to the proper use and

2-42     storage of a handgun if the person provides the department with a

2-43     certificate from a licensed physician stating that the psychiatric

2-44     disorder or condition is in remission and is not reasonably likely

2-45     to develop at a future time.

2-46           SECTION 3.  Section 3(a), Article 4413(29ee), Revised

2-47     Statutes, is amended to read as follows:

2-48           (a)  An applicant for a license to carry a concealed handgun

2-49     must submit to the director's designee described by Section 5 of

2-50     this article:

2-51                 (1)  a completed application on a form provided by the

2-52     department that requires only the information listed in Subsection

2-53     (b) of this section;

2-54                 (2)  two recent color passport photographs of the

2-55     applicant;

2-56                 (3)  a certified copy of the applicant's birth

2-57     certificate or certified proof of age;

2-58                 (4)  proof of residency in this state;

2-59                 (5)  two complete sets of legible and classifiable

2-60     fingerprints of the applicant taken by a person [employed by a law

2-61     enforcement agency who is] appropriately trained in recording

2-62     fingerprints who is employed by a law enforcement agency or by a

2-63     private entity designated by a law enforcement agency as an entity

2-64     qualified to take fingerprints of an applicant for a license under

2-65     this article;

2-66                 (6)  a nonrefundable application and license fee of

2-67     $140 paid to the department;

2-68                 (7)  a handgun proficiency certificate described by

2-69     Section 17 of this article;

 3-1                 (8)  an affidavit signed by the applicant stating that

 3-2     the applicant:

 3-3                       (A)  has read and understands each provision of

 3-4     this article that creates an offense under the laws of this state

 3-5     and each provision of the laws of this state related to use of

 3-6     deadly force; and

 3-7                       (B)  fulfills all the eligibility requirements

 3-8     listed under Section 2 of this article; and

 3-9                 (9)  a form executed by the applicant that authorizes

3-10     the director to make an inquiry into any noncriminal history

3-11     records that are necessary to determine the applicant's eligibility

3-12     for a license under Section 2(a) of this article.

3-13           SECTION 4.  Section 5(b), Article 4413(29ee), Revised

3-14     Statutes, is amended to read as follows:

3-15           (b)  The director's designee as needed shall conduct an

3-16     additional criminal history record check of the applicant and an

3-17     investigation of the applicant's local official records to verify

3-18     the accuracy of the application materials.  The scope of the record

3-19     check and the investigation are at the sole discretion of the

3-20     department, except that the director's designee shall complete the

3-21     record check and investigation not later than 60 days after the

3-22     date the department receives the application materials.  The

3-23     department shall send a fingerprint card to the Federal Bureau of

3-24     Investigation for a national criminal history check of the

3-25     applicant.  On completion of the investigation, the director's

3-26     designee shall return all materials and the result of the

3-27     investigation to the appropriate division of the department at its

3-28     Austin headquarters.  The director's designee may submit to the

3-29     appropriate division of the department, at the department's Austin

3-30     headquarters, along with the application materials a written

3-31     recommendation for disapproval of the application, accompanied by

3-32     an affidavit stating personal knowledge or naming persons with

3-33     personal knowledge of a ground for denial under Section 2 of this

3-34     article.  The director's designee in the appropriate geographical

3-35     area may also submit the application and the recommendation that

3-36     the license be issued.  On receipt at the department's Austin

3-37     headquarters of the application materials and the result of the

3-38     investigation by the director's designee, the department shall

3-39     conduct any further record check or investigation the department

3-40     determines is necessary in the event that a question exists with

3-41     respect to the accuracy of the application materials or the

3-42     eligibility of the applicant, except that the department shall

3-43     complete the record check and investigation not later than 180 days

3-44     after the date the department receives the application materials

3-45     from the applicant.

3-46           SECTION 5.  Section 6(b), Article 4413(29ee), Revised

3-47     Statutes, is amended to read as follows:

3-48           (b)[(1)]  Not [After January 1, 1997, the department, not]

3-49     later than the 60th day after the date of the receipt by the

3-50     director's designee of the completed application materials, the

3-51     department shall:

3-52                 (1) [(A)]  issue the license; [or]

3-53                 (2) [(B)]  notify the applicant in writing that the

3-54     application was denied:

3-55                       (A) [(i)]  on the grounds that the applicant

3-56     failed to qualify under the criteria listed in Section 2 of this

3-57     article;

3-58                       (B) [(ii)]  based on the affidavit of the

3-59     director's designee submitted to the department under Section 5(b)

3-60     of this article; or

3-61                       (C) [(iii)]  based on the affidavit of the

3-62     qualified handgun instructor submitted to the department under

3-63     Section 17(c) of this article; or

3-64                 (3)  notify the applicant in writing that the

3-65     department is unable to make a determination regarding the issuance

3-66     or denial of a license to the applicant within the 60-day period

3-67     prescribed by this subsection and include in that notification an

3-68     explanation of the reason for the inability and an estimation of

3-69     the amount of time the department will need to make the

 4-1     determination.

 4-2                 [(2)  Between the effective date of this article and

 4-3     December 31, 1996, the department shall perform the duties set out

 4-4     in this subsection not later than the 90th day after the date of

 4-5     the receipt by the director's designee of the completed application

 4-6     materials.]

 4-7           SECTION 6.  Sections 6(g), (h), and (i), Article 4413(29ee),

 4-8     Revised Statutes, are amended and relettered to read as follows:

 4-9           (g)  [On a demand by a magistrate or a peace officer that a

4-10     license holder display the license holder's handgun license, the

4-11     license holder shall display both the license and the license

4-12     holder's driver's license or identification certificate issued by

4-13     the department.]

4-14           [(h)]  If a license holder is carrying a handgun on or about

4-15     the license holder's person when a magistrate or a peace officer

4-16     demands that the license holder display identification, the license

4-17     holder shall display both the license holder's driver's license or

4-18     identification certificate issued by the department and the license

4-19     holder's handgun license.  A person who fails or refuses to display

4-20     the license and identification as required by this subsection is

4-21     subject to suspension of the person's license as provided by

4-22     Section 13 of this article.

4-23           (h) [(i)]  A person commits an offense if the person fails or

4-24     refuses to display the license and identification as required by

4-25     Subsection (g) [or (h)] of this section after previously having had

4-26     the person's license suspended for a violation of that subsection.

4-27     An offense under this subsection is a Class B misdemeanor.

4-28           SECTION 7.  Section 12(a), Article 4413(29ee), Revised

4-29     Statutes, is amended to read as follows:

4-30           (a)  A license may be revoked under this section if the

4-31     license holder:

4-32                 (1)  was not entitled to the license at the time it was

4-33     issued;

4-34                 (2)  gave false information on the application;

4-35                 (3)  subsequently becomes ineligible for a license

4-36     under Section 2 of this article, unless the sole basis for the

4-37     ineligibility is that the license holder is charged with the

4-38     commission of a Class A or Class B misdemeanor or an offense under

4-39     Section 42.01, Penal Code, or of a felony under an information or

4-40     indictment; [or]

4-41                 (4)  is convicted of an offense under Section 46.035,

4-42     Penal Code; or

4-43                 (5)  is determined by the department to have engaged in

4-44     conduct constituting a reason to suspend a license listed in

4-45     Section 13(a) of this article after the person's license has been

4-46     previously suspended twice for the same reason.

4-47           SECTION 8.  Sections 13(a) and (c), Article 4413(29ee),

4-48     Revised Statutes, are amended to read as follows:

4-49           (a)  A license may be suspended under this section if the

4-50     license holder:

4-51                 (1)  is charged with the commission of a Class A or

4-52     Class B misdemeanor or an offense [convicted of disorderly conduct

4-53     punishable as a Class C misdemeanor] under Section 42.01, Penal

4-54     Code, or of a felony under an information or indictment;

4-55                 (2)  fails to display a license as required by Section

4-56     6 of this article;

4-57                 (3)  fails to notify the department of a change of

4-58     address or name as required by Section 8 of this article;

4-59                 (4)  carries a concealed handgun under the authority of

4-60     this article of a different category than the license holder is

4-61     licensed to carry; or

4-62                 (5)  [has been charged by indictment with the

4-63     commission of an offense that would make the license holder

4-64     ineligible for a license on conviction; or]

4-65                 [(6)]  fails to return a previously issued license

4-66     after a license is modified as required by Section 10(d) of this

4-67     article.

4-68           (c)  A license may be suspended under this section:

4-69                 (1)  for 30 days, if the person's license is subject to

 5-1     suspension for a reason listed in Subsection (a)(3), (4), or (5) of

 5-2     this section, except as provided by Subdivision (3) of this

 5-3     subsection;

 5-4                 (2)  for 90 days, if the person's license is subject to

 5-5     suspension for a reason listed in Subsection (a)(2) of this

 5-6     section, except as provided by Subdivision (3) of this subsection;

 5-7                 (3)  for not less than one year and not more than three

 5-8     years if the person's license is subject to suspension for a reason

 5-9     listed in  Subsection (a) of this section, other than the reason

5-10     listed in Subsection (a)(1) of this section, and the person's

5-11     license has been previously suspended for the same reason; or

5-12                 (4)  until dismissal of the charges, if the person's

5-13     license is subject to suspension for the reason listed in

5-14     Subsection (a)(1) of this section.

5-15           SECTION 9.  Section 17(c), Article 4413(29ee), Revised

5-16     Statutes, is amended to read as follows:

5-17           (c)  A qualified handgun instructor may submit to the

5-18     department a written recommendation for disapproval of the

5-19     application for a license, renewal, or modification of a license,

5-20     accompanied by an affidavit stating personal knowledge or naming

5-21     persons with personal knowledge of facts that lead the instructor

5-22     to believe that an applicant is not qualified for handgun

5-23     proficiency certification.  The department may use a written

5-24     recommendation submitted under this subsection as the basis for

5-25     denial of a license only if the department determines that the

5-26     recommendation is made in good faith and is supported by a

5-27     preponderance of the evidence.  The department shall make a

5-28     determination under this subsection not later than the 45th day

5-29     after the date the department receives the written recommendation.

5-30     The 60-day period in which the department must take action under

5-31     Section 6(b) of this article is extended one day for each day a

5-32     determination is pending under this subsection.

5-33           SECTION 10.  Sections 18(c) and (f), Article 4413(29ee),

5-34     Revised Statutes, are amended to read as follows:

5-35           (c)  The department shall provide training to an individual

5-36     who applies for certification as a qualified handgun instructor.

5-37     An applicant shall pay a fee of $100 to the department for the

5-38     training.  An applicant must take and successfully complete the

5-39     training offered by the department and pay the training fee before

5-40     the department may certify the applicant as a qualified handgun

5-41     instructor.  The department shall issue [waive the requirements

5-42     regarding a handgun proficiency certification under Section 17 of

5-43     this article for an applicant for] a license to carry a concealed

5-44     handgun under the authority of this article to any person who is

5-45     certified as a qualified handgun instructor and who pays to the

5-46     department a fee of $100 in addition to [takes and successfully

5-47     completes training under this subsection and pays] the training

5-48     fee.  The department by rule may prorate or waive the training fee

5-49     for an employee of another governmental entity.

5-50           (f)  If the department determines that a reason exists to

5-51     revoke, suspend, or deny a license to carry a concealed handgun

5-52     with respect to a person who is a qualified handgun instructor or

5-53     an applicant for certification as a qualified handgun instructor,

5-54     the department shall take that action against the person's license

5-55     to carry a concealed handgun, if the person is an applicant for or

5-56     the holder of such a license, and the person's certification as a

5-57     qualified handgun instructor [regardless of whether the person has

5-58     a license issued under this article to carry a concealed handgun].

5-59           SECTION 11.  Section 31, Article 4413(29ee), Revised

5-60     Statutes, is amended by amending Subsections (a) and (c) and adding

5-61     Subsections (d) and (e) to read as follows:

5-62           (a)  A business that has a permit or license issued under

5-63     Chapter 25, 28, 32, [or] 69, or 74, Alcoholic Beverage Code, and

5-64     that derives 51 percent or more of its income from the sale of

5-65     alcoholic beverages for on-premises consumption as determined by

5-66     the Texas Alcoholic Beverage Commission under Section 104.06,

5-67     Alcoholic Beverage Code, shall prominently display at each entrance

5-68     to the business premises a sign that complies with the requirements

5-69     of Subsection (c) of this section.

 6-1           (c)  The sign required under Subsections (a) and (b) of this

 6-2     section must give notice in both English and Spanish that it is

 6-3     unlawful for a person licensed under this article to carry a

 6-4     handgun on the premises.  The sign must appear in contrasting

 6-5     colors with block letters at least one inch in height and must

 6-6     include on its face the number "51" printed in solid red at least

 6-7     five inches in height.  The sign shall be displayed in a

 6-8     conspicuous manner clearly visible to the public.

 6-9           (d)  A business that has a permit or license issued under the

6-10     Alcoholic Beverage Code and that is not required to display a sign

6-11     under this section may be required to display a sign under Section

6-12     11.041 or Section 61.11, Alcoholic Beverage Code.

6-13           (e)  This section does not apply to a business that has a

6-14     food and beverage certificate issued under the Alcoholic Beverage

6-15     Code.

6-16           SECTION 12.  Section 35, Article 4413(29ee), Revised

6-17     Statutes, is amended to read as follows:

6-18           Sec. 35.  NONRESIDENT [RECIPROCAL] LICENSE.  (a)  The

6-19     department by rule shall establish a procedure for a person who is

6-20     a legal resident of a state that does not provide for the issuance

6-21     of a license to carry a concealed handgun and who meets the

6-22     eligibility requirements of this article other than the residency

6-23     requirement established by Section 2(a)(1) of this article to

6-24     obtain a license under this article.  The procedure shall include

6-25     payment of a fee in an amount sufficient to recover the average

6-26     cost to the department of obtaining a criminal history record check

6-27     and investigation on a nonresident applicant.

6-28           (b)  The department shall negotiate an agreement with any

6-29     other state that provides for the issuance of a license to carry a

6-30     concealed handgun under which a license issued by the other state

6-31     is recognized in this state [On application by a person who has a

6-32     valid license to carry a concealed handgun issued by another state,

6-33     the department may issue to the person a license under this article

6-34     without requiring that the person meet eligibility requirements or

6-35     pay fees otherwise imposed under this article, but only] if the

6-36     department determines that:

6-37                 (1)  the eligibility requirements imposed by the other

6-38     state include background check requirements that meet or exceed

6-39     background check [are at least as rigorous as the] requirements

6-40     imposed by federal law as a condition of receiving a handgun [this

6-41     article]; and

6-42                 (2)  the other state recognizes [provides reciprocal

6-43     licensing privileges to a person who holds] a license issued in

6-44     [under] this [article and applies for a license in the other]

6-45     state.

6-46           SECTION 13.  Chapter 11, Alcoholic Beverage Code, is amended

6-47     by adding Section 11.041 to read as follows:

6-48           Sec. 11.041.  WARNING SIGN REQUIRED.  (a)  Each holder of a

6-49     permit who is not otherwise required to display a sign under

6-50     Section 31, Article 4413(29ee), Revised Statutes, shall display in

6-51     a prominent place on the permit holder's premises a sign giving

6-52     notice that it is unlawful for a person to carry a weapon on the

6-53     premises unless the weapon is a concealed handgun of the same

6-54     category the person is licensed to carry under Article 4413(29ee),

6-55     Revised Statutes.

6-56           (b)  The sign must be at least 6 inches high and 14 inches

6-57     wide, must appear in contrasting colors, and shall be displayed in

6-58     a conspicuous manner clearly visible to the public.  The commission

6-59     or administrator may require the permit holder to also display the

6-60     sign in a language other than English if it can be observed or

6-61     determined that a substantial portion of the expected customers

6-62     speak the other language as their familiar language.

6-63           SECTION 14.  Section 11.61(e), Alcoholic Beverage Code, is

6-64     amended to read as follows:

6-65           (e)  Except as provided by Subsection (f), the commission or

6-66     administrator shall cancel an original or renewal permit if it is

6-67     found, after notice and hearing, that the permittee knowingly

6-68     allowed a person to possess a firearm in a building on the licensed

6-69     premises.  This subsection does not apply to a person:

 7-1                 (1)  who holds a security officer commission issued by

 7-2     the Texas Board of Private Investigators and Private Security

 7-3     Agencies, if:

 7-4                       (A)  the person is engaged in the performance of

 7-5     the person's duties as a security officer;

 7-6                       (B)  the person is wearing a distinctive uniform;

 7-7     and

 7-8                       (C)  the weapon is in plain view;

 7-9                 (2)  who is a peace officer; [or]

7-10                 (3)  who is a permittee or an employee of a permittee

7-11     if the person is supervising the operation of the premises; or

7-12                 (4)  who possesses a concealed handgun of the same

7-13     category the person is licensed to carry under Article 4413(29ee),

7-14     Revised Statutes, unless the person is on the premises of a

7-15     business described by Section 46.035(b)(1), Penal Code.

7-16           SECTION 15.  Section 61.11, Alcoholic Beverage Code, is

7-17     amended to read as follows:

7-18           Sec. 61.11.  Warning Sign Required.  (a)  Each holder of a

7-19     license who is not otherwise required to display a sign under

7-20     Section 31, Article 4413(29ee), Revised Statutes, shall display in

7-21     a prominent place on the license holder's [his] premises a sign

7-22     giving notice that it is unlawful for a person to carry a weapon on

7-23     the premises unless the weapon is a concealed handgun of the same

7-24     category the person is licensed to carry under Article 4413(29ee),

7-25     Revised Statutes.

7-26           (b)  The sign must be [,] at least 6 inches high and 14

7-27     inches wide, must appear in contrasting colors, and shall be

7-28     displayed in a conspicuous manner clearly visible to the public

7-29     [stating:  FELONY.  STATE LAW PRESCRIBES A MAXIMUM PENALTY OF TEN

7-30     YEARS' IMPRISONMENT AND A FINE NOT TO EXCEED $5,000 FOR CARRYING

7-31     WEAPONS WHERE ALCOHOLIC BEVERAGES ARE SOLD, SERVED, OR CONSUMED].

7-32     The commission or administrator may require the holder of the

7-33     license to also display the sign in a language other than English

7-34     if it can be observed or determined that a substantial portion of

7-35     the expected customers speak the other language as their familiar

7-36     language.

7-37           [(b)  A licensee who violates this section commits a

7-38     misdemeanor punishable by a fine of not more than $25.]

7-39           SECTION 16.  Section 61.71(f), Alcoholic Beverage Code, is

7-40     amended to read as follows:

7-41           (f)  Except as provided by Subsection (g), the commission or

7-42     administrator shall cancel an original or renewal dealer's

7-43     on-premises or off-premises license if it is found, after notice

7-44     and hearing, that the licensee knowingly allowed a person to

7-45     possess a firearm in a building on the licensed premises.  This

7-46     subsection does not apply to a person:

7-47                 (1)  who holds a security officer commission issued by

7-48     the Texas Board of Private Investigators and Private Security

7-49     Agencies, if:

7-50                       (A)  the person is engaged in the performance of

7-51     the person's duties as a security officer;

7-52                       (B)  the person is wearing a distinctive uniform;

7-53     and

7-54                       (C)  the weapon is in plain view;

7-55                 (2)  who is a peace officer; [or]

7-56                 (3)  who is a licensee or an employee of a licensee if

7-57     the person is supervising the operation of the premises; or

7-58                 (4)  who possesses a concealed handgun of the same

7-59     category the person is licensed to carry under Article 4413(29ee),

7-60     Revised Statutes, unless the person is on the premises of a

7-61     business described by Section 46.035(b)(1), Penal Code.

7-62           SECTION 17.  Chapter 104, Alcoholic Beverage Code, is amended

7-63     by adding Section 104.06 to read as follows:

7-64           Sec. 104.06.  MONITORING OF GROSS RECEIPTS.  (a)  On the

7-65     issuance and renewal of a license or permit that allows on-premises

7-66     consumption of any alcoholic beverage the commission shall

7-67     determine whether the holder receives, or for the issuance of a

7-68     license or permit is to receive, 51 percent or more of the gross

7-69     receipts of the premises for which the license or permit is issued

 8-1     from the holder's sale or service of alcoholic beverages for

 8-2     on-premises consumption.

 8-3           (b)  The commission shall:

 8-4                 (1)  adopt rules for making a determination under

 8-5     Subsection (a); and

 8-6                 (2)  require a holder of a license or permit to provide

 8-7     any information or document that the commission needs to make a

 8-8     determination.

 8-9           (c)  If the commission makes a determination under Subsection

8-10     (a) that a holder of a license or permit receives 51 percent or

8-11     more of the gross receipts of the premises from the sale or service

8-12     of alcoholic beverages, the holder shall comply with the

8-13     requirements of Section 31, Article 4413(29ee), Revised Statutes,

8-14     and shall continue to comply with those requirements until the

8-15     commission determines that the holder receives less than 51 percent

8-16     of the gross receipts of the premises from the sale or service of

8-17     alcoholic beverages for on-premises consumption.

8-18           SECTION 18.  Section 12.092(b), Health and Safety Code, as

8-19     added by Chapter 165, Acts of the 74th Legislature, Regular

8-20     Session, 1995, is amended to read as follows:

8-21           (b)  The medical advisory board shall assist the Department

8-22     of Public Safety of the State of Texas in determining whether:

8-23                 (1)  an applicant for a driver's license or a license

8-24     holder is capable of safely operating a motor vehicle; or

8-25                 (2)  an applicant for or holder of a license to carry a

8-26     concealed handgun under the authority of Article 4413(29ee),

8-27     Revised Statutes, is capable of exercising sound judgment with

8-28     respect to the proper use and storage of a handgun.

8-29           SECTION 19.  Sections 12.095(a), (c), and (d), Health and

8-30     Safety Code, as added by Chapter 165, Acts of the 74th Legislature,

8-31     Regular Session, 1995, are amended to read as follows:

8-32           (a)  If the Department of Public Safety of the State of Texas

8-33     requests an opinion or recommendation from the medical advisory

8-34     board as to the ability of an applicant or license holder to

8-35     operate a motor vehicle safely or to exercise sound judgment with

8-36     respect to the proper use and storage of a handgun, the

8-37     commissioner or a person designated by the commissioner shall

8-38     convene a panel to consider the case or question submitted by that

8-39     department.

8-40           (c)  Each panel member shall prepare an individual

8-41     independent written report for the Department of Public Safety of

8-42     the State of Texas that states the member's opinion as to the

8-43     ability of the applicant or license holder to operate a motor

8-44     vehicle safely or to exercise sound judgment with respect to the

8-45     proper use and storage of a handgun, as appropriate.  In the report

8-46     the panel member may also make recommendations relating to that

8-47     department's subsequent action.

8-48           (d)  In its deliberations, a panel may examine any medical

8-49     record or report that contains material that may be relevant to the

8-50     ability of the applicant or license holder [to operate a motor

8-51     vehicle safely].

8-52           SECTION 20.  Chapter 30, Penal Code, is amended by adding

8-53     Section 30.06 to read as follows:

8-54           Sec. 30.06.  TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED

8-55     HANDGUN.  (a)  A license holder commits an offense if the license

8-56     holder:

8-57                 (1)  carries a handgun under the authority of Article

8-58     4413(29ee), Revised Statutes, on property of another without

8-59     effective consent; and

8-60                 (2)  received notice that:

8-61                       (A)  entry on the property by a license holder

8-62     with a concealed handgun was forbidden; or

8-63                       (B)  remaining on the property with a concealed

8-64     handgun was forbidden and failed to depart.

8-65           (b)  For purposes of this section, a person receives notice

8-66     if the owner of the property or someone with apparent authority to

8-67     act for the owner provides notice to the person by oral and written

8-68     communication.

8-69           (c)  In this section:

 9-1                 (1)  "Entry" has the meaning assigned by Section

 9-2     30.05(b).

 9-3                 (2)  "License holder" has the meaning assigned by

 9-4     Section 46.035(f).

 9-5           (d)  An offense under this section is a Class A misdemeanor.

 9-6           SECTION 21.  Section 46.02, Penal Code, is amended to read as

 9-7     follows:

 9-8           Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person

 9-9     commits an offense if he intentionally, knowingly, or recklessly

9-10     carries on or about his person a handgun, illegal knife, or club.

9-11           (b)  [It is a defense to prosecution under this section that

9-12     the actor was, at the time of the commission of the offense:]

9-13                 [(1)  in the actual discharge of his official duties as

9-14     a member of the armed forces or state military forces as defined by

9-15     Section 431.001, Government Code, or as a guard employed by a penal

9-16     institution;]

9-17                 [(2)  on his own premises or premises under his control

9-18     unless he is an employee or agent of the owner of the premises and

9-19     his primary responsibility is to act in the capacity of a security

9-20     guard to protect persons or property, in which event he must comply

9-21     with Subdivision (5);]

9-22                 [(3)  traveling;]

9-23                 [(4)  engaging in lawful hunting, fishing, or other

9-24     sporting activity on the immediate premises where the activity is

9-25     conducted, or was directly en route between the premises and the

9-26     actor's residence, if the weapon is a type commonly used in the

9-27     activity;]

9-28                 [(5)  a person who holds a security officer commission

9-29     issued by the Texas Board of Private Investigators and Private

9-30     Security Agencies, if:]

9-31                       [(A)  he is engaged in the performance of his

9-32     duties as a security officer or traveling to and from his place of

9-33     assignment;]

9-34                       [(B)  he is wearing a distinctive uniform; and]

9-35                       [(C)  the weapon is in plain view; or]

9-36                 [(7)  carrying a concealed handgun and a valid license

9-37     issued under Article 4413(29ee), Revised Statutes, to carry a

9-38     concealed handgun of the same category as the handgun the person is

9-39     carrying.]

9-40                 [(7)  a person who holds a security officer commission

9-41     and a personal protection authorization issued by the Texas Board

9-42     of Private Investigators and Private Security Agencies and who is

9-43     providing personal protection under the Private Investigators and

9-44     Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

9-45     Civil Statutes).]

9-46                 [(7)  a holder of an alcoholic beverage permit or

9-47     license or an employee of a holder of an alcoholic beverage permit

9-48     or license if the actor is supervising the operation of the

9-49     permitted or licensed premises.]

9-50           [(c)  It is a defense to prosecution under this section for

9-51     the offense of carrying a club that the actor was, at the time of

9-52     the commission of the offense, a noncommissioned security guard at

9-53     an institution of higher education who carried a nightstick or

9-54     similar club, and who had undergone 15 hours of training in the

9-55     proper use of the club, including at least seven hours of training

9-56     in the use of the club for nonviolent restraint.  For the purposes

9-57     of this section, "nonviolent restraint" means the use of reasonable

9-58     force, not intended and not likely to inflict bodily injury.]

9-59           [(d)  It is a defense to prosecution under this section for

9-60     the offense of carrying a firearm or carrying a club that the actor

9-61     was, at the time of the commission of the offense, a public

9-62     security officer employed by the adjutant general under Section

9-63     431.029, Government Code, and was performing official duties or

9-64     traveling to or from a place of duty.]

9-65           [(e)]  Except as provided by Subsection (c) [(f)], an offense

9-66     under this section is a Class A misdemeanor.

9-67           (c) [(f)]  An offense under this section is a felony of the

9-68     third degree if the offense is committed on any premises licensed

9-69     or issued a permit by this state for the sale of alcoholic

 10-1    beverages.

 10-2          SECTION 22.  Sections 46.03(b) and (c), Penal Code, are

 10-3    amended to read as follows:

 10-4          (b)  It is a defense to prosecution under Subsections

 10-5    (a)(1)-(4) that the actor possessed a firearm while in the actual

 10-6    discharge of his official duties as a [peace officer or a] member

 10-7    of the armed forces or national guard or a guard employed by a

 10-8    penal institution, or an officer of the court.

 10-9          (c)  In this section:

10-10                (1)  "Premises" has the meaning assigned by Section

10-11    46.035.

10-12                (2)  "Secured ["secured] area" means an area of an

10-13    airport terminal building to which access is controlled by the

10-14    inspection of persons and property under federal law.

10-15          SECTION 23.  Section 46.035(b), Penal Code, is amended to

10-16    read as follows:

10-17          (b)  A license holder commits an offense if the license

10-18    holder intentionally, knowingly, or recklessly carries a handgun

10-19    under the authority of Article 4413(29ee), Revised Statutes,

10-20    regardless of whether the handgun is concealed, on or about the

10-21    license holder's person:

10-22                (1)  on the premises of a business that has a permit or

10-23    license issued under Chapter 25, 28, 32, [or] 69, or 74, Alcoholic

10-24    Beverage Code, if the business derives 51 percent or more of its

10-25    income from the sale or service of alcoholic beverages for

10-26    on-premises consumption, as determined by the Texas Alcoholic

10-27    Beverage Commission under Section 104.06, Alcoholic Beverage Code;

10-28                (2)  on the premises where a high school, collegiate,

10-29    or professional sporting event or interscholastic event is taking

10-30    place, unless the license holder is a participant in the event and

10-31    a handgun is used in the event;

10-32                (3)  on the premises of a correctional facility;

10-33                (4)  on the premises of a hospital licensed under

10-34    Chapter 241, Health and Safety Code, or on the premises of a

10-35    nursing home licensed under Chapter 242, Health and Safety Code,

10-36    unless the license holder has written authorization of the hospital

10-37    or nursing home administration, as appropriate;

10-38                (5)  in an amusement park; or

10-39                (6)  on the premises of a church, synagogue, or other

10-40    established place of religious worship.

10-41          SECTION 24.  Section 46.15, Penal Code, is amended to read as

10-42    follows:

10-43          Sec. 46.15.  NONAPPLICABILITY [TO PEACE OFFICERS].

10-44    (a)  Sections 46.02 and 46.03 do not apply to peace officers and

10-45    neither section prohibits a peace officer from carrying a weapon in

10-46    this state, regardless of whether the officer is engaged in the

10-47    actual discharge of the officer's duties while carrying the weapon.

10-48          (b)  Section 46.02 does not apply to a person who:

10-49                (1)  is in the actual discharge of official duties as a

10-50    member of the armed forces or state military forces as defined by

10-51    Section 431.001, Government Code, or as a guard employed by a penal

10-52    institution;

10-53                (2)  is on the person's own premises or premises under

10-54    the person's control unless the person is an employee or agent of

10-55    the owner of the premises and the person's primary responsibility

10-56    is to act in the capacity of a security guard to protect persons or

10-57    property, in which event the person must comply with Subdivision

10-58    (5);

10-59                (3)  is traveling;

10-60                (4)  is engaging in lawful hunting, fishing, or other

10-61    sporting activity on the immediate premises where the activity is

10-62    conducted, or is directly en route between the premises and the

10-63    actor's residence, if the weapon is a type commonly used in the

10-64    activity;

10-65                (5)  holds a security officer commission issued by the

10-66    Texas Board of Private Investigators and Private Security Agencies,

10-67    if:

10-68                      (A)  the person is engaged in the performance of

10-69    the person's duties as a security officer or traveling to and from

 11-1    the person's place of assignment;

 11-2                      (B)  the person is wearing a distinctive uniform;

 11-3    and

 11-4                      (C)  the weapon is in plain view;

 11-5                (6)  is carrying a concealed handgun and a valid

 11-6    license issued under Article 4413(29ee), Revised Statutes, to carry

 11-7    a concealed handgun of the same category as the handgun the person

 11-8    is carrying;

 11-9                (7)  holds a security officer commission and a personal

11-10    protection authorization issued by the Texas Board of Private

11-11    Investigators and Private Security Agencies and who is providing

11-12    personal protection under the Private Investigators and Private

11-13    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

11-14    Statutes); or

11-15                (8)  holds an alcoholic beverage permit or license or

11-16    is an employee of a holder of an alcoholic beverage permit or

11-17    license if the person is supervising the operation of the permitted

11-18    or licensed premises.

11-19          (c)  The provision of Section 46.02 prohibiting the carrying

11-20    of a club does not apply to a noncommissioned security guard at an

11-21    institution of higher education who carries a nightstick or similar

11-22    club, and who has undergone 15 hours of training in the proper use

11-23    of the club, including at least seven hours of training in the use

11-24    of the club for nonviolent restraint.  For the purposes of this

11-25    subsection, "nonviolent restraint" means the use of reasonable

11-26    force, not intended and not likely to inflict bodily injury.

11-27          (d)  The provisions of Section 46.02 prohibiting the carrying

11-28    of a firearm or carrying of a club do not apply to a public

11-29    security officer employed by the adjutant general under Section

11-30    431.029, Government Code, in performance of official duties or

11-31    while traveling to or from a place of duty.

11-32          SECTION 25.  Section 1(10), Article 4413(29ee), Revised

11-33    Statutes, is repealed.

11-34          SECTION 26.  (a)  The changes in law made by this Act in

11-35    repealing Section 1(10), Article 4413(29ee), Revised Statutes,

11-36    adding Section 2(d), Article 4413(29ee), Revised Statutes, and

11-37    amending Sections 12.092 and 12.095, Health and Safety Code, as

11-38    added by Chapter 165, Acts of the 74th Legislature, Regular

11-39    Session, 1995, apply only to a person's initial application for a

11-40    license to carry a concealed handgun under Article 4413(29ee),

11-41    Revised Statutes, if the application is made on or after the

11-42    effective date of this Act.  A person who makes an initial

11-43    application for a license to carry a concealed handgun under

11-44    Article 4413(29ee), Revised Statutes, before the effective date of

11-45    this Act is covered by the law that existed when the application

11-46    was made, and the former law is continued in effect for that

11-47    purpose.

11-48          (b)  The changes in law made by this Act in repealing Section

11-49    1(10), Article 4413(29ee), Revised Statutes, adding Section 2(d),

11-50    Article 4413(29ee), Revised Statutes, and amending Sections 12.092

11-51    and 12.095, Health and Safety Code, as added by Chapter 165, Acts

11-52    of the 74th Legislature, Regular Session, 1995, regarding the

11-53    revocation of a license to carry a handgun, apply to any revocation

11-54    proceeding initiated on or after the effective date of this Act.

11-55          SECTION 27.  Not later than September 1, 1998, a person who

11-56    before the effective date of this Act was licensed to carry a

11-57    concealed handgun under Article 4413(29ee), Revised Statutes, and

11-58    whose license was revoked on the sole basis that the person was

11-59    charged with the commission of a Class A or Class B misdemeanor or

11-60    an offense under Section 42.01, Penal Code, or a felony under an

11-61    information or indictment may apply to the department to change the

11-62    status of the person's license in accordance with Sections 12 and

11-63    13, Article 4413(29ee), Revised Statutes, as amended by this Act.

11-64    The Department of Public Safety shall promptly place the person's

11-65    license on suspension, if the charges against the person are still

11-66    pending, or reinstate the person's license, if the charges against

11-67    the person have been dismissed.

11-68          SECTION 28.  Not later than December 1, 1997, the Department

11-69    of Public Safety shall establish the procedure and shall commence

 12-1    any negotiation required by Section 35, Article 4413(29ee), Revised

 12-2    Statutes, as amended by this Act.

 12-3          SECTION 29.  (a)  The Texas Alcoholic Beverage Commission

 12-4    shall:

 12-5                (1)  not later than October 1, 1997, adopt the rules

 12-6    required by Section 104.06, Alcoholic Beverage Code, as added by

 12-7    this Act; and

 12-8                (2)  at the time of the issuance or the first renewal

 12-9    of a license or permit under the Alcoholic Beverage Code, that

12-10    allows on-premises consumption of any alcoholic beverage and that

12-11    occurs on or after October 1, 1997, make the initial determination

12-12    required by Section 104.06, Alcoholic Beverage Code, as added by

12-13    this Act.

12-14          (b)  The change in law made by this Act to Section 31,

12-15    Article 4413(29ee), Revised Statutes, applies only to the display

12-16    of a sign on or after the date the Texas Alcoholic Beverage

12-17    Commission makes an initial determination under Section 104.06,

12-18    Alcoholic Beverage Code, as added by this Act, in accordance with

12-19    Subsection (a)(2) of this section, with respect to the holder of a

12-20    license or permit who conducts business on the premises for which

12-21    the determination is made.

12-22          (c)  The change in law made by this Act to Section 46.035,

12-23    Penal Code, relating to the Texas Alcoholic Beverage Commission's

12-24    determination of the percentage of income derived from the sale or

12-25    service of alcoholic beverages for on-premises consumption applies

12-26    only to an offense committed on or after October 1, 1998.  For

12-27    purposes of this section, an offense is committed before October 1,

12-28    1998, if any element of the offense occurs before that date.

12-29          SECTION 30.  The changes in law made by this Act to Sections

12-30    46.02, 46.03, and 46.15, Penal Code, apply only to an offense

12-31    committed on or after the effective date of this Act.  An offense

12-32    committed before the effective date of this Act is covered by the

12-33    law in effect when the offense was committed, and the former law is

12-34    continued in effect for that purpose.  For purposes of this

12-35    section, an offense was committed before the effective date of this

12-36    Act if any element of the offense occurred before that date.

12-37          SECTION 31.  This Act takes effect September 1, 1997.

12-38          SECTION 32.  The importance of this legislation and the

12-39    crowded condition of the calendars in both houses create an

12-40    emergency and an imperative public necessity that the

12-41    constitutional rule requiring bills to be read on three several

12-42    days in each house be suspended, and this rule is hereby suspended.

12-43                                 * * * * *