By Patterson S.B. No. 204
75R3523 PEP-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 1(4), Article 4413(29ee), Revised
1-7 Statutes, is amended to read as follows:
1-8 (4) "Convicted" means an adjudication of guilt [or an
1-9 order of deferred adjudication] entered against a person by a
1-10 court of competent jurisdiction, other than an adjudication of
1-11 guilt following which [whether or not]:
1-12 (A) the imposition of the sentence is
1-13 [subsequently] probated and the person is subsequently discharged
1-14 from community supervision; or
1-15 (B) the person is pardoned for the offense[,
1-16 unless the pardon is expressly granted for subsequent proof of
1-17 innocence].
1-18 SECTION 2. Section 2(a), Article 4413(29ee), Revised
1-19 Statutes, is amended to read as follows:
1-20 (a) A person is eligible for a license to carry a concealed
1-21 handgun if the person:
1-22 (1) is a legal resident of this state for the
1-23 six-month period preceding the date of application under this
1-24 article or is otherwise eligible for a license under Section 35(b)
2-1 of this article;
2-2 (2) is at least 21 years of age;
2-3 (3) has not, in the 15 years preceding the date of
2-4 application, been convicted of a felony;
2-5 (4) has not been, regardless of the date of the
2-6 conviction or convictions:
2-7 (A) twice convicted of a felony; or
2-8 (B) convicted of an offense listed in Section
2-9 3g(a)(1), Article 42.12, Code of Criminal Procedure, or for which
2-10 the judgment of conviction contains an affirmative finding under
2-11 Section 3g(a)(2) of that article;
2-12 (5) [(4)] is not charged with the commission of a
2-13 Class A or Class B misdemeanor or an offense under Section 42.01,
2-14 Penal Code, or of a felony under an information or indictment;
2-15 (6) [(5)] is not a fugitive from justice for a felony
2-16 or a Class A or Class B misdemeanor;
2-17 (7) [(6)] is not a chemically dependent person;
2-18 (8) [(7)] is not a person of unsound mind;
2-19 (9) [(8)] has not, in the five years preceding the
2-20 date of application, been convicted of a Class A or Class B
2-21 misdemeanor or an offense under Section 42.01, Penal Code;
2-22 (10) [(9)] is fully qualified under applicable federal
2-23 and state law to purchase a handgun;
2-24 (11) [(10)] has not been finally determined to be
2-25 delinquent in making a child support payment administered or
2-26 collected by the attorney general;
2-27 (12) [(11)] has not been finally determined to be
3-1 delinquent in the payment of a tax or other money collected by the
3-2 comptroller, state treasurer, tax collector of a political
3-3 subdivision of the state, Texas Alcoholic Beverage Commission, or
3-4 any other agency or subdivision of the state;
3-5 (13) [(12)] has not been finally determined to be in
3-6 default on a loan made under Chapter 57, Education Code;
3-7 (14) [(13)] is not currently restricted under a court
3-8 protective order or subject to a restraining order affecting the
3-9 spousal relationship, not including a restraining order solely
3-10 affecting property interests;
3-11 (15) [(14)] has not, in the 10 years preceding the
3-12 date of application, been adjudicated as having engaged in
3-13 delinquent conduct violating a penal law of the grade of felony;
3-14 and
3-15 (16) [(15)] has not made any material
3-16 misrepresentation, or failed to disclose any material fact, in an
3-17 application submitted pursuant to Section 3 of this article or in a
3-18 request for application submitted pursuant to Section 4 of this
3-19 article.
3-20 SECTION 3. Sections 6(g), (h), and (i), Article 4413(29ee),
3-21 Revised Statutes, are amended and relettered to read as follows:
3-22 (g) [On a demand by a magistrate or a peace officer that a
3-23 license holder display the license holder's handgun license, the
3-24 license holder shall display both the license and the license
3-25 holder's driver's license or identification certificate issued by
3-26 the department.]
3-27 [(h)] If a license holder is carrying a handgun on or about
4-1 the license holder's person when a magistrate or a peace officer
4-2 demands that the license holder display identification, the license
4-3 holder shall display both the license holder's driver's license or
4-4 identification certificate issued by the department and the license
4-5 holder's handgun license. A person who fails or refuses to display
4-6 the license and identification as required by this subsection is
4-7 subject to suspension of the person's license as provided by
4-8 Section 13 of this article.
4-9 (h) [(i)] A person commits an offense if the person fails or
4-10 refuses to display the license and identification as required by
4-11 Subsection (g) [or (h)] of this section after previously having had
4-12 the person's license suspended for a violation of that subsection.
4-13 An offense under this subsection is a Class B misdemeanor.
4-14 SECTION 4. Section 12(a), Article 4413(29ee), Revised
4-15 Statutes, is amended to read as follows:
4-16 (a) A license may be revoked under this section if the
4-17 license holder:
4-18 (1) was not entitled to the license at the time it was
4-19 issued;
4-20 (2) gave false information on the application;
4-21 (3) subsequently becomes ineligible for a license
4-22 under Section 2 of this article; [or]
4-23 (4) is convicted of an offense under Section 46.035,
4-24 Penal Code; or
4-25 (5) is determined by the department to have engaged in
4-26 conduct constituting a reason to suspend a license listed in
4-27 Section 13(a) of this article after the person's license has been
5-1 previously suspended twice for the same reason.
5-2 SECTION 5. Section 13(c), Article 4413(29ee), Revised
5-3 Statutes, is amended to read as follows:
5-4 (c) A license may be suspended under this section:
5-5 (1) for 30 days, if the person's license is subject to
5-6 suspension for a reason listed in Subsection (a)(3), (4), or (6) of
5-7 this section, except as provided by Subdivision (3) of this
5-8 subsection;
5-9 (2) for 90 days, if the person's license is subject to
5-10 suspension for a reason listed in Subsection (a)(1) or (2) of this
5-11 section, except as provided by Subdivision (3) of this subsection;
5-12 (3) for not less than one year and not more than three
5-13 years if the person's license is subject to suspension for a reason
5-14 listed in Subsection (a) of this section, other than the reason
5-15 listed in Subsection (a)(5) of this section, and the person's
5-16 license has been previously suspended for the same reason; or
5-17 (4) until dismissal of the charges, if the person's
5-18 license is subject to suspension for the reason listed in
5-19 Subsection (a)(5) of this section.
5-20 SECTION 6. Section 16(a), Article 4413(29ee), Revised
5-21 Statutes, is amended to read as follows:
5-22 (a) The director shall by rule establish minimum standards
5-23 for handgun proficiency and shall develop a course to teach handgun
5-24 proficiency and examinations to measure handgun proficiency. The
5-25 course to teach handgun proficiency must contain training sessions
5-26 divided into two parts. One part of the course must be classroom
5-27 instruction and the other part must be range instruction and an
6-1 actual demonstration by the applicant of the applicant's ability to
6-2 safely and proficiently use the category of handgun for which the
6-3 applicant seeks certification. An applicant may not be certified
6-4 unless the applicant demonstrates, at a minimum, the degree of
6-5 proficiency that is required to effectively operate a .25-caliber
6-6 for a category SA or .30-caliber for a category NSA [9-millimeter
6-7 or .38-caliber] handgun. The department shall distribute the
6-8 standards, course requirements, and examinations on request to any
6-9 qualified handgun instructor.
6-10 SECTION 7. Section 17(c), Article 4413(29ee), Revised
6-11 Statutes, is amended to read as follows:
6-12 (c) A qualified handgun instructor may submit to the
6-13 department a written recommendation for disapproval of the
6-14 application for a license, renewal, or modification of a license,
6-15 accompanied by an affidavit stating personal knowledge or naming
6-16 persons with personal knowledge of facts that lead the instructor
6-17 to believe that an applicant is not qualified for handgun
6-18 proficiency certification. The department may use a written
6-19 recommendation submitted under this subsection as the basis for
6-20 denial of a license only if the department determines that the
6-21 recommendation is made in good faith and is supported by a
6-22 preponderance of the evidence. The department shall make a
6-23 determination under this subsection not later than the 45th day
6-24 after the date the department receives the written recommendation.
6-25 The 60-day period in which the department must take action under
6-26 Section 6(b)(1) of this article is extended one day for each day a
6-27 determination is pending under this subsection.
7-1 SECTION 8. Section 31, Article 4413(29ee), Revised Statutes,
7-2 is amended to read as follows:
7-3 Sec. 31. NOTICE REQUIRED ON CERTAIN PREMISES. [(a)] A
7-4 business that has a permit or license issued under Chapter 25, 28,
7-5 32, [or] 69, or 74, Alcoholic Beverage Code, and that derives 51
7-6 percent or more of its income from the sale of alcoholic beverages
7-7 for on-premises consumption shall prominently display at each
7-8 entrance to the business premises a sign that gives [complies with
7-9 the requirements of Subsection (c) of this section.]
7-10 [(b) A hospital licensed under Chapter 241, Health and
7-11 Safety Code, or a nursing home licensed under Chapter 242, Health
7-12 and Safety Code, shall prominently display at each entrance to the
7-13 hospital or nursing home, as appropriate, a sign that complies with
7-14 the requirements of Subsection (c) of this section.]
7-15 [(c) The sign required under Subsections (a) and (b) of this
7-16 section must give] notice in both English and Spanish that it is
7-17 unlawful for a person licensed under this article to carry a
7-18 handgun on the premises. The sign must appear in contrasting
7-19 colors with block letters at least one inch in height and must
7-20 include on its face the number "51" printed in solid red at least
7-21 five inches in height. The sign shall be displayed in a
7-22 conspicuous manner clearly visible to the public. At least one
7-23 sign shall be clearly visible from the parking lot or outside
7-24 entrance to the premises.
7-25 SECTION 9. Section 32, Article 4413(29ee), Revised Statutes,
7-26 is amended to read as follows:
7-27 Sec. 32. RIGHTS OF GOVERNMENTAL ENTITIES AND EMPLOYERS. (a)
8-1 The governing body of a political subdivision or agency of the
8-2 state may not prohibit a person who holds a license under this
8-3 article, other than an employee of the subdivision or agency, from
8-4 carrying a concealed handgun on the subdivision's or agency's
8-5 premises. In this subsection, "premises" means a building, portion
8-6 of a building, driveway, walkway, parking area, or other property.
8-7 (b) This article does not prevent or otherwise limit the
8-8 right of a public or private employer to adopt an employment policy
8-9 that precludes employees [prohibit persons] who are licensed under
8-10 this article from carrying a concealed handgun on the premises of
8-11 the business.
8-12 SECTION 10. Section 35, Article 4413(29ee), Revised
8-13 Statutes, is amended to read as follows:
8-14 Sec. 35. RECIPROCAL LICENSE. (a) On application by a
8-15 person who has a valid license to carry a concealed handgun issued
8-16 by another state, the department may issue to the person a license
8-17 under this article without requiring that the person meet
8-18 eligibility requirements or pay fees otherwise imposed under this
8-19 article, but only if the department determines that:
8-20 (1) the [eligibility requirements imposed by the]
8-21 other state recognizes a license issued under [are at least as
8-22 rigorous as the requirements imposed by] this article when the
8-23 license holder is in that state ; or [and]
8-24 (2) the other state provides reciprocal licensing
8-25 privileges to a person who holds a license issued under this
8-26 article and applies for a license in the other state.
8-27 (b) On application by a person who is a legal resident of a
9-1 state that does not provide for the issuance of a license to carry
9-2 a concealed handgun to eligible applicants, the department may
9-3 issue to the person a license under this article provided that the
9-4 person meets the eligibility requirements, other than the residency
9-5 requirement, and pays the fees imposed under this article for a
9-6 legal resident of this state.
9-7 SECTION 11. Section 11.61(e), Alcoholic Beverage Code, is
9-8 amended to read as follows:
9-9 (e) Except as provided by Subsection (f), the commission or
9-10 administrator shall cancel an original or renewal permit if it is
9-11 found, after notice and hearing, that the permittee knowingly
9-12 allowed a person to possess a firearm in a building on the licensed
9-13 premises. This subsection does not apply to a person:
9-14 (1) who holds a security officer commission issued by
9-15 the Texas Board of Private Investigators and Private Security
9-16 Agencies, if:
9-17 (A) the person is engaged in the performance of
9-18 the person's duties as a security officer;
9-19 (B) the person is wearing a distinctive uniform;
9-20 and
9-21 (C) the weapon is in plain view;
9-22 (2) who is a peace officer; [or]
9-23 (3) who is a permittee or an employee of a permittee
9-24 if the person is supervising the operation of the premises; or
9-25 (4) who possesses a concealed handgun of the same
9-26 category the person is licensed to carry under Article 4413(29ee),
9-27 Revised Statutes, unless the person is on the premises of a
10-1 business described by Section 46.035(b)(1), Penal Code.
10-2 SECTION 12. Section 61.71(f), Alcoholic Beverage Code, is
10-3 amended to read as follows:
10-4 (f) Except as provided by Subsection (g), the commission or
10-5 administrator shall cancel an original or renewal dealer's
10-6 on-premises or off-premises license if it is found, after notice
10-7 and hearing, that the licensee knowingly allowed a person to
10-8 possess a firearm in a building on the licensed premises. This
10-9 subsection does not apply to a person:
10-10 (1) who holds a security officer commission issued by
10-11 the Texas Board of Private Investigators and Private Security
10-12 Agencies, if:
10-13 (A) the person is engaged in the performance of
10-14 the person's duties as a security officer;
10-15 (B) the person is wearing a distinctive uniform;
10-16 and
10-17 (C) the weapon is in plain view;
10-18 (2) who is a peace officer; [or]
10-19 (3) who is a licensee or an employee of a licensee if
10-20 the person is supervising the operation of the premises; or
10-21 (4) who possesses a concealed handgun of the same
10-22 category the person is licensed to carry under Article 4413(29ee),
10-23 Revised Statutes, unless the person is on the premises of a
10-24 business described by Section 46.035(b)(1), Penal Code.
10-25 SECTION 13. Chapter 30, Penal Code, is amended by adding
10-26 Section 30.06 to read as follows:
10-27 Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
11-1 HANDGUN. (a) A license holder commits an offense if the license
11-2 holder:
11-3 (1) carries a handgun under the authority of Article
11-4 4413(29ee), Revised Statutes, on property of another without
11-5 effective consent; and
11-6 (2) received notice that:
11-7 (A) entry on the property by a license holder
11-8 with a concealed handgun was forbidden; or
11-9 (B) remaining on the property with a concealed
11-10 handgun was forbidden and failed to depart.
11-11 (b) For purposes of this section a person receives notice
11-12 if:
11-13 (1) the owner of the property or someone with apparent
11-14 authority to act for the owner gives the notice to the person by
11-15 oral or written communication; and
11-16 (2) a sign is posted on the property that:
11-17 (A) gives notice in both English and Spanish
11-18 that a person licensed under Article 4413(29ee), Revised Statutes,
11-19 is forbidden to carry a handgun on the premises;
11-20 (B) appears in contrasting colors with block
11-21 letters at least one inch in height; and
11-22 (C) is displayed in a conspicuous manner clearly
11-23 visible to the public from the parking lot or outside entrance to
11-24 the property or building.
11-25 (c) In this section:
11-26 (1) "Entry" has the meaning assigned by Section
11-27 30.05(b).
12-1 (2) "License holder" has the meaning assigned by
12-2 Section 46.035(f).
12-3 (d) An offense under this section is a Class B misdemeanor.
12-4 SECTION 14. Section 46.03, Penal Code, is amended by adding
12-5 Subsection (i) to read as follows:
12-6 (i) It is a defense to prosecution under Subsection (a)(1),
12-7 (2), or (4) that at the time of the commission of the offense:
12-8 (1) the actor possessed a concealed handgun of the
12-9 same category the actor was licensed to carry under Article 4413
12-10 (29ee), Revised Statutes;
12-11 (2) the handgun was in a secure position in a motor
12-12 vehicle in which the actor was the driver or a passenger; and
12-13 (3) the vehicle was in a parking area or other part of
12-14 the premises that reasonably appeared to be a place intended for
12-15 use as a parking area.
12-16 SECTION 15. Section 46.035, Penal Code, is amended by
12-17 amending Subsection (b) and adding Subsection (i) to read as
12-18 follows:
12-19 (b) A license holder commits an offense if the license
12-20 holder intentionally, knowingly, or recklessly carries a handgun
12-21 under the authority of Article 4413(29ee), Revised Statutes,
12-22 regardless of whether the handgun is concealed, on or about the
12-23 license holder's person:
12-24 (1) on the premises of a business that has a permit or
12-25 license issued under Chapter 25, 28, 32, [or] 69, or 74, Alcoholic
12-26 Beverage Code, if the business derives 51 percent or more of its
12-27 income from the sale of alcoholic beverages for on-premises
13-1 consumption;
13-2 (2) on the premises where a high school, collegiate,
13-3 or professional sporting event or interscholastic event is taking
13-4 place, unless the license holder is a participant in the event and
13-5 a handgun is used in the event;
13-6 (3) on the premises of a correctional facility; or
13-7 (4) on the premises of the emergency room of a
13-8 hospital licensed under Chapter 241, Health and Safety Code, or on
13-9 the premises of a trauma facility, as that term is defined by
13-10 Section 773.003 [nursing home licensed under Chapter 242], Health
13-11 and Safety Code, unless the license holder has written
13-12 authorization of the hospital or trauma facility [nursing home]
13-13 administration, as appropriate[;]
13-14 [(5) in an amusement park; or]
13-15 [(6) on the premises of a church, synagogue, or other
13-16 established place of religious worship].
13-17 (i) It is a defense to prosecution under Subsection (b)(1)
13-18 that at the time of the commission of the offense, the business was
13-19 not in compliance with the notice requirements of Section 31,
13-20 Article 4413(29ee), Revised Statutes.
13-21 SECTION 16. Section 46.04, Penal Code, is amended by adding
13-22 Subsections (c) and (d) to read as follows:
13-23 (c) In this section, "convicted" has the meaning assigned by
13-24 Section 1, Article 4413(29ee), Revised Statutes.
13-25 (d) It is an affirmative defense to prosecution under
13-26 Subsection (a)(2) that at the time of the commission of the
13-27 offense, the person possessed a concealed handgun only and also
14-1 possessed a license issued under Article 4413(29ee), Revised
14-2 Statutes, to carry a concealed handgun of the same category as the
14-3 person possessed.
14-4 SECTION 17. (a) The changes in law made by Sections 3, 14,
14-5 15, and 16 of this Act apply only to an offense committed on or
14-6 after the effective date of this Act. For purposes of this
14-7 section, an offense is committed before the effective date of this
14-8 Act if any element of the offense occurs before that date.
14-9 (b) An offense committed before the effective date of this
14-10 Act is covered by the law in effect when the offense was committed,
14-11 and the former law is continued in effect for this purpose.
14-12 SECTION 18. This Act takes effect September 1, 1997.
14-13 SECTION 19. Not later than September 1, 1998, a person who
14-14 is eligible for a license to carry a concealed handgun under
14-15 Article 4413(29ee), Revised Statutes, as amended by Section 1 or
14-16 Section 2 of this Act, other than the amendment to Section 2(a)(1),
14-17 Article 4413(29ee), Revised Statutes, and who applied for but was
14-18 denied a license under that article as it existed before amendment
14-19 by this Act may reapply for issuance of a license by submitting to
14-20 the department a reapplication fee of $50 and a copy or reasonable
14-21 facsimile of the application materials, including the handgun
14-22 proficiency certificate, that were submitted to and reviewed by the
14-23 department at the time a license was denied. Not later than
14-24 December 1, 1997, the department shall mail to each person denied a
14-25 license as described by this section at the person's last known
14-26 address a notice of the person's right to reapply at a reduced fee
14-27 as provided by this section.
15-1 SECTION 20. The importance of this legislation and the
15-2 crowded condition of the calendars in both houses create an
15-3 emergency and an imperative public necessity that the
15-4 constitutional rule requiring bills to be read on three several
15-5 days in each house be suspended, and this rule is hereby suspended.