H.B. No. 3142
 
 
 
 
AN ACT
  relating to handguns used to demonstrate proficiency in handgun use
  for purposes of obtaining a concealed handgun license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.041(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Each holder of a permit who is not otherwise required to
  display a sign under Section 411.204, Government Code, shall
  display in a prominent place on the permit holder's premises a sign
  giving notice that it is unlawful for a person to carry a weapon on
  the premises unless the weapon is a concealed handgun [of the same
  category] the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code.
         SECTION 2.  Section 11.61(e), Alcoholic Beverage Code, is
  amended to read as follows:
         (e)  Except as provided by Subsection (f) or (i), the
  commission or administrator shall cancel an original or renewal
  permit if it is found, after notice and hearing, that the permittee
  knowingly allowed a person to possess a firearm in a building on the
  licensed premises.  This subsection does not apply to a person:
               (1)  who holds a security officer commission issued
  under Chapter 1702, Occupations Code, if:
                     (A)  the person is engaged in the performance of
  the person's duties as a security officer;
                     (B)  the person is wearing a distinctive uniform;
  and
                     (C)  the weapon is in plain view;
               (2)  who is a peace officer;
               (3)  who is a permittee or an employee of a permittee if
  the person is supervising the operation of the premises; or
               (4)  who possesses a concealed handgun [of the same
  category] the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code, unless the person is on the premises
  of a business described by Section 46.035(b)(1), Penal Code.
         SECTION 3.  Section 61.11(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Each holder of a license who is not otherwise required
  to display a sign under Section 411.204, Government Code, shall
  display in a prominent place on the license holder's premises a sign
  giving notice that it is unlawful for a person to carry a weapon on
  the premises unless the weapon is a concealed handgun [of the same
  category] the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code.
         SECTION 4.  Section 61.71(f), Alcoholic Beverage Code, is
  amended to read as follows:
         (f)  Except as provided by Subsection (g) or (j), the
  commission or administrator shall cancel an original or renewal
  dealer's on-premises or off-premises license if it is found, after
  notice and hearing, that the licensee knowingly allowed a person to
  possess a firearm in a building on the licensed premises.  This
  subsection does not apply to a person:
               (1)  who holds a security officer commission issued
  under Chapter 1702, Occupations Code, if:
                     (A)  the person is engaged in the performance of
  the person's duties as a security officer;
                     (B)  the person is wearing a distinctive uniform;
  and
                     (C)  the weapon is in plain view;
               (2)  who is a peace officer;
               (3)  who is a licensee or an employee of a licensee if
  the person is supervising the operation of the premises; or
               (4)  who possesses a concealed handgun [of the same
  category] the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code, unless the person is on the premises
  of a business described by Section 46.035(b)(1), Penal Code.
         SECTION 5.  Section 411.177(a), Government Code, is amended
  to read as follows:
         (a)  The department shall issue a license to carry a
  concealed handgun to an applicant if the applicant meets all the
  eligibility requirements and submits all the application
  materials.  [The department may issue a license to carry handguns
  only of the categories for which the applicant has demonstrated
  proficiency in the form and manner required by the department.] The
  department shall administer the licensing procedures in good faith
  so that any applicant who meets all the eligibility requirements
  and submits all the application materials shall receive a license.  
  The department may not deny an application on the basis of a
  capricious or arbitrary decision by the department.
         SECTION 6.  Section 411.179(a), Government Code, is amended
  to read as follows:
         (a)  The department by rule shall adopt the form of the
  license.  A license must include:
               (1)  a number assigned to the license holder by the
  department;
               (2)  a statement of the period for which the license is
  effective;
               (3)  [a statement of the category or categories of
  handguns the license holder may carry as provided by Subsection
  (b);
               [(4)]  a color photograph of the license holder;
               (4) [(5)]  the license holder's full name, date of
  birth, hair and eye color, height, weight, and signature;
               (5) [(6)]  the license holder's residence address or,
  as provided by Subsection (d), the street address of the courthouse
  in which the license holder or license holder's spouse serves as a
  federal judge or the license holder serves as a state judge; and
               (6) [(7)]  the number of a driver's license or an
  identification certificate issued to the license holder by the
  department.
         SECTION 7.  Section 411.187(a), Government Code, is amended
  to read as follows:
         (a)  The department shall suspend a license under this
  section if the license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (2)  fails to notify the department of a change of
  address, name, or status as required by Section 411.181;
               (3)  [carries a concealed handgun under the authority
  of this subchapter of a different category than the license holder
  is licensed to carry;
               [(4)     fails to return a previously issued license after
  a license is modified as required by Section 411.184(d);
               [(5)]  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; or
               (4) [(6)]  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure.
         SECTION 8.  Sections 411.188(a) and (d), Government Code,
  are amended to read as follows:
         (a)  The director by rule shall establish minimum standards
  for handgun proficiency and shall develop a course to teach handgun
  proficiency and examinations to measure handgun proficiency.  The
  course to teach handgun proficiency must contain training sessions
  divided into two parts.  One part of the course must be classroom
  instruction and the other part must be range instruction and an
  actual demonstration by the applicant of the applicant's ability to
  safely and proficiently use a [the applicable category of] handgun.  
  An applicant must be able to demonstrate, at a minimum, the degree
  of proficiency that is required to effectively operate a handgun of
  .32 caliber or above.  The department shall distribute the
  standards, course requirements, and examinations on request to any
  qualified handgun instructor.
         (d)  Only a qualified handgun instructor may administer the
  proficiency examination to obtain or to renew a license.  The
  proficiency examination must include:
               (1)  a written section on the subjects listed in
  Subsection (b); and
               (2)  a physical demonstration of proficiency in the use
  of one or more handguns [of specific categories] and in handgun
  safety procedures.
         SECTION 9.  Section 411.1882(a), Government Code, is amended
  to read as follows:
         (a)  A person who is serving in this state as a judge or
  justice of a federal court, as an active judicial officer, as
  defined by Section 411.201, or as a district attorney, assistant
  district attorney, criminal district attorney, assistant criminal
  district attorney, county attorney, or assistant county attorney
  may establish handgun proficiency for the purposes of this
  subchapter by obtaining from a handgun proficiency instructor
  approved by the Commission on Law Enforcement Officer Standards and
  Education for purposes of Section 1702.1675, Occupations Code, a
  sworn statement that[:
               [(1)]  indicates that the person, during the 12-month
  period preceding the date of the person's application to the
  department, demonstrated to the instructor proficiency in the use
  of handguns[; and
               [(2)     designates the categories of handguns with
  respect to which the person demonstrated proficiency].
         SECTION 10.  Section 411.199(e), Government Code, is amended
  to read as follows:
         (e)  A retired peace officer who obtains a license under this
  subchapter must maintain[, for the category of weapon licensed,]
  the proficiency required for a peace officer under Section
  1701.355, Occupations Code.  The department or a local law
  enforcement agency shall allow a retired peace officer of the
  department or agency an opportunity to annually demonstrate the
  required proficiency.  The proficiency shall be reported to the
  department on application and renewal.
         SECTION 11.  Sections 62.082(d) and (e), Parks and Wildlife
  Code, are amended to read as follows:
         (d)  Section 62.081 does not apply to:
               (1)  an employee of the Lower Colorado River Authority;
               (2)  a person authorized to hunt under Subsection (c);
               (3)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure; or
               (4)  a person who:
                     (A)  possesses a concealed handgun and a license
  issued under Subchapter H, Chapter 411, Government Code, to carry a
  concealed handgun [of the same category as a handgun the person is
  carrying]; or
                     (B)  under circumstances in which the person would
  be justified in the use of deadly force under Chapter 9, Penal Code,
  shoots a handgun [of the same category as a handgun] the person is
  licensed to carry under Subchapter H, Chapter 411, Government Code.
         (e)  A state agency, including the department, the
  Department of Public Safety, and the Lower Colorado River
  Authority, may not adopt a rule that prohibits a person who
  possesses a license issued under Subchapter H, Chapter 411,
  Government Code, from entering or crossing the land of the Lower
  Colorado River Authority while:
               (1)  possessing a concealed handgun [of the same
  category as a handgun the person is licensed to carry]; or
               (2)  under circumstances in which the person would be
  justified in the use of deadly force under Chapter 9, Penal Code,
  shooting a handgun [of the same category as a handgun the person is
  licensed to carry].
         SECTION 12.  Section 30.05(f), Penal Code, is amended to
  read as follows:
         (f)  It is a defense to prosecution under this section that:
               (1)  the basis on which entry on the property or land or
  in the building was forbidden is that entry with a handgun was
  forbidden; and
               (2)  the person was carrying a concealed handgun and a
  license issued under Subchapter H, Chapter 411, Government Code, to
  carry a concealed handgun [of the same category the person was
  carrying].
         SECTION 13.  Section 46.15(b), Penal Code, is amended to
  read as follows:
         (b)  Section 46.02 does not apply to a person who:
               (1)  is in the actual discharge of official duties as a
  member of the armed forces or state military forces as defined by
  Section 431.001, Government Code, or as a guard employed by a penal
  institution;
               (2)  is traveling;
               (3)  is engaging in lawful hunting, fishing, or other
  sporting activity on the immediate premises where the activity is
  conducted, or is en route between the premises and the actor's
  residence, motor vehicle, or watercraft, if the weapon is a type
  commonly used in the activity;
               (4)  holds a security officer commission issued by the
  Texas Private Security Board, if the person is engaged in the
  performance of the person's duties as an officer commissioned under
  Chapter 1702, Occupations Code, or is traveling to or from the
  person's place of assignment and is wearing the officer's uniform
  and carrying the officer's weapon in plain view;
               (5)  acts as a personal protection officer and carries
  the person's security officer commission and personal protection
  officer authorization, if the person:
                     (A)  is engaged in the performance of the person's
  duties as a personal protection officer under Chapter 1702,
  Occupations Code, or is traveling to or from the person's place of
  assignment; and
                     (B)  is either:
                           (i)  wearing the uniform of a security
  officer, including any uniform or apparel described by Section
  1702.323(d), Occupations Code, and carrying the officer's weapon in
  plain view; or
                           (ii)  not wearing the uniform of a security
  officer and carrying the officer's weapon in a concealed manner;
               (6)  is carrying a concealed handgun and a valid
  license issued under Subchapter H, Chapter 411, Government Code, to
  carry a concealed handgun [of the same category as the handgun the
  person is carrying];
               (7)  holds an alcoholic beverage permit or license or
  is an employee of a holder of an alcoholic beverage permit or
  license if the person is supervising the operation of the permitted
  or licensed premises; or
               (8)  is a student in a law enforcement class engaging in
  an activity required as part of the class, if the weapon is a type
  commonly used in the activity and the person is:
                     (A)  on the immediate premises where the activity
  is conducted; or
                     (B)  en route between those premises and the
  person's residence and is carrying the weapon unloaded.
         SECTION 14.  The following provisions of the Government Code
  are repealed:
               (1)  Section 411.171(1);
               (2)  Section 411.179(b);
               (3)  Section 411.184; and
               (4)  Sections 411.188(e) and (h).
         SECTION 15.  (a)  The change in law made by this Act to
  Subchapter H, Chapter 411, Government Code, applies only to a
  license issued or renewed under that subchapter on or after the
  effective date of this Act.
         (b)  The changes in law made by this Act to the Alcoholic
  Beverage Code, Parks and Wildlife Code, and Penal Code, apply only
  to civil or criminal proceedings involving the carrying of a
  handgun on or after the effective date of this Act by a person
  licensed to carry a concealed handgun under Subchapter H, Chapter
  411, Government Code, as amended by this Act.
         SECTION 16.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3142 was passed by the House on May 8,
  2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3142 on May 23, 2013, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3142 on May 26, 2013, by the following vote:  Yeas 143,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3142 was passed by the Senate, with
  amendments, on May 21, 2013, by the following vote:  Yeas 28, Nays
  3; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3142 on May 26, 2013, by the following vote:  Yeas 28, Nays 2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor