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|
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A BILL TO BE ENTITLED
|
|
AN ACT
|
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relating to the authority of a person who is licensed to carry a |
|
handgun to openly carry the handgun; providing penalties. |
|
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 or unconcealed |
|
handgun 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 the person is |
|
licensed to carry under Subchapter H, Chapter 411, Government Code, |
|
regardless of whether the handgun is carried in a concealed or |
|
unconcealed manner, 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 or unconcealed |
|
handgun 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 the person is |
|
licensed to carry under Subchapter H, Chapter 411, Government Code, |
|
regardless of whether the handgun is carried in a concealed or |
|
unconcealed manner, unless the person is on the premises of a |
|
business described by Section 46.035(b)(1), Penal Code. |
|
SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(c) In a protective order, the court may suspend a license |
|
to carry a concealed or unconcealed handgun issued under Section |
|
411.177, Government Code, that is held by the alleged offender. |
|
SECTION 6. Article 17.292(l), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(l) In the order for emergency protection, the magistrate |
|
shall suspend a license to carry a concealed or unconcealed handgun |
|
issued under Subchapter H, Chapter 411, Government Code, that is |
|
held by the defendant. |
|
SECTION 7. Article 17.293, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO |
|
OTHER PERSONS. The magistrate or the clerk of the magistrate's |
|
court issuing an order for emergency protection under Article |
|
17.292 that suspends a license to carry a concealed or unconcealed |
|
handgun shall immediately send a copy of the order to the |
|
appropriate division of the Department of Public Safety at its |
|
Austin headquarters. On receipt of the order suspending the |
|
license, the department shall: |
|
(1) record the suspension of the license in the |
|
records of the department; |
|
(2) report the suspension to local law enforcement |
|
agencies, as appropriate; and |
|
(3) demand surrender of the suspended license from the |
|
license holder. |
|
SECTION 8. Sections 37.0811(d) and (f), Education Code, are |
|
amended to read as follows: |
|
(d) Any written regulations adopted for purposes of |
|
Subsection (c) must provide that a school marshal may carry a |
|
concealed or unconcealed handgun as described by Subsection (c), |
|
except that if the primary duty of the school marshal involves |
|
regular, direct contact with students, the marshal may not carry a |
|
concealed or unconcealed handgun but may possess a handgun on the |
|
physical premises of a school in a locked and secured safe within |
|
the marshal's immediate reach when conducting the marshal's primary |
|
duty. The written regulations must also require that a handgun |
|
carried by or within access of a school marshal may be loaded only |
|
with frangible ammunition designed to disintegrate on impact for |
|
maximum safety and minimal danger to others. |
|
(f) A school district or charter school employee's status as |
|
a school marshal becomes inactive on: |
|
(1) expiration of the employee's school marshal |
|
license under Section 1701.260, Occupations Code; |
|
(2) suspension or revocation of the employee's license |
|
to carry a concealed or unconcealed handgun issued under Subchapter |
|
H, Chapter 411, Government Code; |
|
(3) termination of the employee's employment with the |
|
district or charter school; or |
|
(4) notice from the board of trustees of the district |
|
or the governing body of the charter school that the employee's |
|
services as school marshal are no longer required. |
|
SECTION 9. Section 63.0101, Election Code, is amended to |
|
read as follows: |
|
Sec. 63.0101. DOCUMENTATION OF PROOF OF |
|
IDENTIFICATION. The following documentation is an acceptable form |
|
of photo identification under this chapter: |
|
(1) a driver's license, election identification |
|
certificate, or personal identification card issued to the person |
|
by the Department of Public Safety that has not expired or that |
|
expired no earlier than 60 days before the date of presentation; |
|
(2) a United States military identification card that |
|
contains the person's photograph that has not expired or that |
|
expired no earlier than 60 days before the date of presentation; |
|
(3) a United States citizenship certificate issued to |
|
the person that contains the person's photograph; |
|
(4) a United States passport issued to the person that |
|
has not expired or that expired no earlier than 60 days before the |
|
date of presentation; or |
|
(5) a license to carry a concealed or unconcealed |
|
handgun issued to the person by the Department of Public Safety that |
|
has not expired or that expired no earlier than 60 days before the |
|
date of presentation. |
|
SECTION 10. Section 2.005(b), Family Code, is amended to |
|
read as follows: |
|
(b) The proof must be established by: |
|
(1) a driver's license or identification card issued |
|
by this state, another state, or a Canadian province that is current |
|
or has expired not more than two years preceding the date the |
|
identification is submitted to the county clerk in connection with |
|
an application for a license; |
|
(2) a United States passport; |
|
(3) a current passport issued by a foreign country or a |
|
consular document issued by a state or national government; |
|
(4) an unexpired Certificate of United States |
|
Citizenship, Certificate of Naturalization, United States Citizen |
|
Identification Card, Permanent Resident Card, Temporary Resident |
|
Card, Employment Authorization Card, or other document issued by |
|
the federal Department of Homeland Security or the United States |
|
Department of State including an identification photograph; |
|
(5) an unexpired military identification card for |
|
active duty, reserve, or retired personnel with an identification |
|
photograph; |
|
(6) an original or certified copy of a birth |
|
certificate issued by a bureau of vital statistics for a state or a |
|
foreign government; |
|
(7) an original or certified copy of a Consular Report |
|
of Birth Abroad or Certificate of Birth Abroad issued by the United |
|
States Department of State; |
|
(8) an original or certified copy of a court order |
|
relating to the applicant's name change or sex change; |
|
(9) school records from a secondary school or |
|
institution of higher education; |
|
(10) an insurance policy continuously valid for the |
|
two years preceding the date of the application for a license; |
|
(11) a motor vehicle certificate of title; |
|
(12) military records, including documentation of |
|
release or discharge from active duty or a draft record; |
|
(13) an unexpired military dependent identification |
|
card; |
|
(14) an original or certified copy of the applicant's |
|
marriage license or divorce decree; |
|
(15) a voter registration certificate; |
|
(16) a pilot's license issued by the Federal Aviation |
|
Administration or another authorized agency of the United States; |
|
(17) a license to carry a concealed or unconcealed |
|
handgun under Subchapter H, Chapter 411, Government Code; |
|
(18) a temporary driving permit or a temporary |
|
identification card issued by the Department of Public Safety; or |
|
(19) an offender identification card issued by the |
|
Texas Department of Criminal Justice. |
|
SECTION 11. Section 58.003(m), Family Code, is amended to |
|
read as follows: |
|
(m) On request of the Department of Public Safety, a |
|
juvenile court shall reopen and allow the department to inspect the |
|
files and records of the juvenile court relating to an applicant for |
|
a license to carry a concealed or unconcealed handgun under |
|
Subchapter H, Chapter 411, Government Code. |
|
SECTION 12. Section 85.022(d), Family Code, is amended to |
|
read as follows: |
|
(d) In a protective order, the court shall suspend a license |
|
to carry a concealed or unconcealed handgun issued under Subchapter |
|
H, Chapter 411, Government Code, that is held by a person found to |
|
have committed family violence. |
|
SECTION 13. Section 85.042(e), Family Code, is amended to |
|
read as follows: |
|
(e) The clerk of the court issuing an original or modified |
|
protective order under Section 85.022 that suspends a license to |
|
carry a concealed or unconcealed handgun shall send a copy of the |
|
order to the appropriate division of the Department of Public |
|
Safety at its Austin headquarters. On receipt of the order |
|
suspending the license, the department shall: |
|
(1) record the suspension of the license in the |
|
records of the department; |
|
(2) report the suspension to local law enforcement |
|
agencies, as appropriate; and |
|
(3) demand surrender of the suspended license from the |
|
license holder. |
|
SECTION 14. The heading to Section 411.047, Government |
|
Code, is amended to read as follows: |
|
Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED] |
|
HANDGUN INCIDENTS. |
|
SECTION 15. Section 411.0625, Government Code, is amended |
|
to read as follows: |
|
Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a) |
|
The department shall allow a person to enter the Capitol and the |
|
Capitol Extension, including any public space in the Capitol or |
|
Capitol Extension, in the same manner as the department allows |
|
entry to a person who presents a concealed or unconcealed handgun |
|
license under Subchapter H if the person: |
|
(1) obtains from the department a Capitol access pass; |
|
and |
|
(2) presents the pass to the appropriate law |
|
enforcement official when entering the building or a space within |
|
the building. |
|
(b) To be eligible for a Capitol access pass, a person must |
|
meet the eligibility requirements applicable to a license to carry |
|
a concealed or unconcealed handgun under Subchapter H, other than |
|
requirements regarding evidence of handgun proficiency. |
|
(c) The department shall adopt rules to establish a |
|
procedure by which a resident of the state may apply for and be |
|
issued a Capitol access pass. Rules adopted under this section |
|
must include provisions for eligibility, application, approval, |
|
issuance, and renewal that: |
|
(1) require the department to conduct the same |
|
background check on an applicant for a Capitol access pass that is |
|
conducted on an applicant for a concealed or unconcealed handgun |
|
license under Subchapter H; |
|
(2) enable the department to conduct the background |
|
check described by Subdivision (1); and |
|
(3) establish application and renewal fees in amounts |
|
sufficient to cover the cost of administering this section, not to |
|
exceed the amounts of similar fees required for a concealed or |
|
unconcealed handgun license under Section 411.174. |
|
SECTION 16. The heading to Subchapter H, Chapter 411, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER H. LICENSE TO CARRY A CONCEALED |
|
OR UNCONCEALED HANDGUN |
|
SECTION 17. Section 411.171, Government Code, is amended by |
|
adding Subdivision (8) to read as follows: |
|
(8) "Unconcealed handgun" means a loaded or unloaded |
|
handgun carried upon the person in a shoulder or belt holster with |
|
at least dual points of resistance that is wholly or partially |
|
visible. |
|
SECTION 18. Sections 411.172(a), (b-1), (g), and (h), |
|
Government Code, are amended to read as follows: |
|
(a) A person is eligible for a license to carry a concealed |
|
or unconcealed handgun if the person: |
|
(1) is a legal resident of this state for the six-month |
|
period preceding the date of application under this subchapter or |
|
is otherwise eligible for a license under Section 411.173(a); |
|
(2) is at least 21 years of age; |
|
(3) has not been convicted of a felony; |
|
(4) is not 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; |
|
(5) is not a fugitive from justice for a felony or a |
|
Class A or Class B misdemeanor or equivalent offense; |
|
(6) is not a chemically dependent person; |
|
(7) is not incapable of exercising sound judgment with |
|
respect to the proper use and storage of a handgun; |
|
(8) has not, in the five years preceding the date of |
|
application, been convicted of a Class A or Class B misdemeanor or |
|
equivalent offense or of an offense under Section 42.01, Penal |
|
Code, or equivalent offense; |
|
(9) is fully qualified under applicable federal and |
|
state law to purchase a handgun; |
|
(10) has not been finally determined to be delinquent |
|
in making a child support payment administered or collected by the |
|
attorney general; |
|
(11) has not been finally determined to be delinquent |
|
in the payment of a tax or other money collected by the comptroller, |
|
the tax collector of a political subdivision of the state, or any |
|
agency or subdivision of the state; |
|
(12) is not currently restricted under a court |
|
protective order or subject to a restraining order affecting the |
|
spousal relationship, other than a restraining order solely |
|
affecting property interests; |
|
(13) has not, in the 10 years preceding the date of |
|
application, been adjudicated as having engaged in delinquent |
|
conduct violating a penal law of the grade of felony; and |
|
(14) has not made any material misrepresentation, or |
|
failed to disclose any material fact, in an application submitted |
|
pursuant to Section 411.174. |
|
(b-1) An offense is not considered a felony for purposes of |
|
Subsection (b) if, at the time of a person's application for a |
|
license to carry a concealed or unconcealed handgun, the offense: |
|
(1) is not designated by a law of this state as a |
|
felony; and |
|
(2) does not contain all the elements of any offense |
|
designated by a law of this state as a felony. |
|
(g) Notwithstanding Subsection (a)(2), a person who is at |
|
least 18 years of age but not yet 21 years of age is eligible for a |
|
license to carry a concealed or unconcealed handgun if the person: |
|
(1) is a member or veteran of the United States armed |
|
forces, including a member or veteran of the reserves or national |
|
guard; |
|
(2) was discharged under honorable conditions, if |
|
discharged from the United States armed forces, reserves, or |
|
national guard; and |
|
(3) meets the other eligibility requirements of |
|
Subsection (a) except for the minimum age required by federal law to |
|
purchase a handgun. |
|
(h) The issuance of a license to carry a concealed or |
|
unconcealed handgun to a person eligible under Subsection (g) does |
|
not affect the person's ability to purchase a handgun or ammunition |
|
under federal law. |
|
SECTION 19. Section 411.173(b), Government Code, is amended |
|
to read as follows: |
|
(b) The governor shall negotiate an agreement with any other |
|
state that provides for the issuance of a license to carry a |
|
concealed or unconcealed handgun under which a license issued by |
|
the other state is recognized in this state or shall issue a |
|
proclamation that a license issued by the other state is recognized |
|
in this state if the attorney general of the State of Texas |
|
determines that a background check of each applicant for a license |
|
issued by that state is initiated by state or local authorities or |
|
an agent of the state or local authorities before the license is |
|
issued. For purposes of this subsection, "background check" means |
|
a search of the National Crime Information Center database and the |
|
Interstate Identification Index maintained by the Federal Bureau of |
|
Investigation. |
|
SECTION 20. Section 411.174(a), Government Code, is amended |
|
to read as follows: |
|
(a) An applicant for a license to carry a concealed or |
|
unconcealed handgun must submit to the director's designee |
|
described by Section 411.176: |
|
(1) a completed application on a form provided by the |
|
department that requires only the information listed in Subsection |
|
(b); |
|
(2) one or more photographs of the applicant that meet |
|
the requirements of the department; |
|
(3) a certified copy of the applicant's birth |
|
certificate or certified proof of age; |
|
(4) proof of residency in this state; |
|
(5) two complete sets of legible and classifiable |
|
fingerprints of the applicant taken by a person appropriately |
|
trained in recording fingerprints who is employed by a law |
|
enforcement agency or by a private entity designated by a law |
|
enforcement agency as an entity qualified to take fingerprints of |
|
an applicant for a license under this subchapter; |
|
(6) a nonrefundable application and license fee of |
|
$140 paid to the department; |
|
(7) evidence of handgun proficiency, in the form and |
|
manner required by the department; |
|
(8) an affidavit signed by the applicant stating that |
|
the applicant: |
|
(A) has read and understands each provision of |
|
this subchapter that creates an offense under the laws of this state |
|
and each provision of the laws of this state related to use of |
|
deadly force; and |
|
(B) fulfills all the eligibility requirements |
|
listed under Section 411.172; and |
|
(9) a form executed by the applicant that authorizes |
|
the director to make an inquiry into any noncriminal history |
|
records that are necessary to determine the applicant's eligibility |
|
for a license under Section 411.172(a). |
|
SECTION 21. Section 411.177(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department shall issue a license to carry a |
|
concealed or unconcealed handgun to an applicant if the applicant |
|
meets all the eligibility requirements and submits all the |
|
application materials. 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 22. Section 411.185(c), Government Code, is amended |
|
to read as follows: |
|
(c) The director by rule shall adopt an informational form |
|
that describes state law regarding the use of deadly force and the |
|
places where it is unlawful for the holder of a license issued under |
|
this subchapter to carry a concealed or unconcealed handgun. An |
|
applicant for a renewed license must sign and return the |
|
informational form to the department by mail or acknowledge the |
|
form electronically on the Internet according to the procedure |
|
adopted under Subsection (f). |
|
SECTION 23. Section 411.188(g), Government Code, is amended |
|
to read as follows: |
|
(g) A person who wishes to obtain a license to carry a |
|
concealed or unconcealed handgun must apply in person to a |
|
qualified handgun instructor to take the appropriate course in |
|
handgun proficiency and demonstrate handgun proficiency as |
|
required by the department. |
|
SECTION 24. Sections 411.190(c) and (f), Government Code, |
|
are amended to read as follows: |
|
(c) In the manner applicable to a person who applies for a |
|
license to carry a concealed or unconcealed handgun, the department |
|
shall conduct a background check of a person who applies for |
|
certification as a qualified handgun instructor. If the background |
|
check indicates that the applicant for certification would not |
|
qualify to receive a handgun license, the department may not |
|
certify the applicant as a qualified handgun instructor. If the |
|
background check indicates that the applicant for certification |
|
would qualify to receive a handgun license, the department shall |
|
provide handgun instructor training to the applicant. The |
|
applicant shall pay a fee of $100 to the department for the |
|
training. The applicant must take and successfully complete the |
|
training offered by the department and pay the training fee before |
|
the department may certify the applicant as a qualified handgun |
|
instructor. The department shall issue a license to carry a |
|
concealed or unconcealed handgun under the authority of this |
|
subchapter to any person who is certified as a qualified handgun |
|
instructor and who pays to the department a fee of $100 in addition |
|
to the training fee. The department by rule may prorate or waive |
|
the training fee for an employee of another governmental entity. |
|
(f) If the department determines that a reason exists to |
|
revoke, suspend, or deny a license to carry a concealed or |
|
unconcealed handgun with respect to a person who is a qualified |
|
handgun instructor or an applicant for certification as a qualified |
|
handgun instructor, the department shall take that action against |
|
the person's: |
|
(1) license to carry a concealed or unconcealed |
|
handgun if the person is an applicant for or the holder of a license |
|
issued under this subchapter; and |
|
(2) certification as a qualified handgun instructor. |
|
SECTION 25. Section 411.1901(c), Government Code, is |
|
amended to read as follows: |
|
(c) A qualified handgun instructor certified in school |
|
safety under this section may provide school safety training, |
|
including instruction in the subjects listed under Subsection (a), |
|
to employees of a school district or an open-enrollment charter |
|
school who hold a license to carry a concealed or unconcealed |
|
handgun issued under this subchapter. |
|
SECTION 26. Section 411.198(a), Government Code, is amended |
|
to read as follows: |
|
(a) On written approval of the director, the department may |
|
issue to a law enforcement officer an alias license to carry a |
|
concealed or unconcealed handgun to be used in supervised |
|
activities involving criminal investigations. |
|
SECTION 27. Sections 411.201(c), (d), (e), and (h), |
|
Government Code, are amended to read as follows: |
|
(c) An active judicial officer is eligible for a license to |
|
carry a concealed or unconcealed handgun under the authority of |
|
this subchapter. A retired judicial officer is eligible for a |
|
license to carry a concealed or unconcealed handgun under the |
|
authority of this subchapter if the officer: |
|
(1) has not been convicted of a felony; |
|
(2) has not, in the five years preceding the date of |
|
application, been convicted of a Class A or Class B misdemeanor or |
|
equivalent offense; |
|
(3) is not charged with the commission of a Class A or |
|
Class B misdemeanor or equivalent offense or of a felony under an |
|
information or indictment; |
|
(4) is not a chemically dependent person; and |
|
(5) is not a person of unsound mind. |
|
(d) An applicant for a license who is an active or retired |
|
judicial officer must submit to the department: |
|
(1) a completed application, including all required |
|
affidavits, on a form prescribed by the department; |
|
(2) one or more photographs of the applicant that meet |
|
the requirements of the department; |
|
(3) two complete sets of legible and classifiable |
|
fingerprints of the applicant, including one set taken by a person |
|
employed by a law enforcement agency who is appropriately trained |
|
in recording fingerprints; |
|
(4) evidence of handgun proficiency, in the form and |
|
manner required by the department for an applicant under this |
|
section; |
|
(5) a nonrefundable application and license fee set by |
|
the department in an amount reasonably designed to cover the |
|
administrative costs associated with issuance of a license to carry |
|
a concealed or unconcealed handgun under this subchapter; and |
|
(6) if the applicant is a retired judicial officer, a |
|
form executed by the applicant that authorizes the department to |
|
make an inquiry into any noncriminal history records that are |
|
necessary to determine the applicant's eligibility for a license |
|
under this subchapter. |
|
(e) On receipt of all the application materials required by |
|
this section, the department shall: |
|
(1) if the applicant is an active judicial officer, |
|
issue a license to carry a concealed or unconcealed handgun under |
|
the authority of this subchapter; or |
|
(2) if the applicant is a retired judicial officer, |
|
conduct an appropriate background investigation to determine the |
|
applicant's eligibility for the license and, if the applicant is |
|
eligible, issue a license to carry a concealed or unconcealed |
|
handgun under the authority of this subchapter. |
|
(h) The department shall issue a license to carry a |
|
concealed or unconcealed handgun under the authority of this |
|
subchapter to an elected attorney representing the state in the |
|
prosecution of felony cases who meets the requirements of this |
|
section for an active judicial officer. The department shall waive |
|
any fee required for the issuance of an original, duplicate, or |
|
renewed license under this subchapter for an applicant who is an |
|
attorney elected or employed to represent the state in the |
|
prosecution of felony cases. |
|
SECTION 28. Section 411.203, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does |
|
not prevent or otherwise limit the right of a public or private |
|
employer to prohibit persons who are licensed under this subchapter |
|
from carrying a concealed handgun or an unconcealed handgun on the |
|
premises of the business. In this section, "premises" has the |
|
meaning assigned by Section 46.035(f)(3), Penal Code. |
|
SECTION 29. Section 411.2032(b), Government Code, is |
|
amended to read as follows: |
|
(b) An institution of higher education or private or |
|
independent institution of higher education in this state may not |
|
adopt or enforce any rule, regulation, or other provision or take |
|
any other action, including posting notice under Section 30.06, |
|
Penal Code, prohibiting or placing restrictions on the storage or |
|
transportation of a firearm or ammunition in a locked, privately |
|
owned or leased motor vehicle by a person, including a student |
|
enrolled at that institution, who holds a license to carry a |
|
concealed or unconcealed handgun under this subchapter and lawfully |
|
possesses the firearm or ammunition: |
|
(1) on a street or driveway located on the campus of |
|
the institution; or |
|
(2) in a parking lot, parking garage, or other parking |
|
area located on the campus of the institution. |
|
SECTION 30. Section 12.092(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) The medical advisory board shall assist the Department |
|
of Public Safety of the State of Texas in determining whether: |
|
(1) an applicant for a driver's license or a license |
|
holder is capable of safely operating a motor vehicle; or |
|
(2) an applicant for or holder of a license to carry a |
|
concealed or unconcealed handgun under the authority of Subchapter |
|
H, Chapter 411, Government Code, or an applicant for or holder of a |
|
commission as a security officer under Chapter 1702, Occupations |
|
Code, is capable of exercising sound judgment with respect to the |
|
proper use and storage of a handgun. |
|
SECTION 31. Sections 52.061 and 52.062, Labor Code, are |
|
amended to read as follows: |
|
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO |
|
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer |
|
may not prohibit an employee who holds a license to carry a |
|
concealed or unconcealed handgun under Subchapter H, Chapter 411, |
|
Government Code, who otherwise lawfully possesses a firearm, or who |
|
lawfully possesses ammunition from transporting or storing a |
|
firearm or ammunition the employee is authorized by law to possess |
|
in a locked, privately owned motor vehicle in a parking lot, parking |
|
garage, or other parking area the employer provides for employees. |
|
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not: |
|
(1) authorize a person who holds a license to carry a |
|
concealed or unconcealed handgun under Subchapter H, Chapter 411, |
|
Government Code, who otherwise lawfully possesses a firearm, or who |
|
lawfully possesses ammunition to possess a firearm or ammunition on |
|
any property where the possession of a firearm or ammunition is |
|
prohibited by state or federal law; or |
|
(2) apply to: |
|
(A) a vehicle owned or leased by a public or |
|
private employer and used by an employee in the course and scope of |
|
the employee's employment, unless the employee is required to |
|
transport or store a firearm in the official discharge of the |
|
employee's duties; |
|
(B) a school district; |
|
(C) an open-enrollment charter school, as |
|
defined by Section 5.001, Education Code; |
|
(D) a private school, as defined by Section |
|
22.081, Education Code; |
|
(E) property owned or controlled by a person, |
|
other than the employer, that is subject to a valid, unexpired oil, |
|
gas, or other mineral lease that contains a provision prohibiting |
|
the possession of firearms on the property; or |
|
(F) property owned or leased by a chemical |
|
manufacturer or oil and gas refiner with an air authorization under |
|
Chapter 382, Health and Safety Code, and on which the primary |
|
business conducted is the manufacture, use, storage, or |
|
transportation of hazardous, combustible, or explosive materials, |
|
except in regard to an employee who holds a license to carry a |
|
concealed or unconcealed handgun under Subchapter H, Chapter 411, |
|
Government Code, and who stores a firearm or ammunition the |
|
employee is authorized by law to possess in a locked, privately |
|
owned motor vehicle in a parking lot, parking garage, or other |
|
parking area the employer provides for employees that is outside of |
|
a secured and restricted area: |
|
(i) that contains the physical plant; |
|
(ii) that is not open to the public; and |
|
(iii) the ingress into which is constantly |
|
monitored by security personnel. |
|
(b) Section 52.061 does not prohibit an employer from |
|
prohibiting an employee who holds a license to carry a concealed or |
|
unconcealed handgun under Subchapter H, Chapter 411, Government |
|
Code, or who otherwise lawfully possesses a firearm, from |
|
possessing a firearm the employee is otherwise authorized by law to |
|
possess on the premises of the employer's business. In this |
|
subsection, "premises" has the meaning assigned by Section |
|
46.035(f)(3), Penal Code. |
|
SECTION 32. (a) Section 118.011(b), Local Government Code, |
|
as effective until September 1, 2019, is amended to read as follows: |
|
(b) The county clerk may set and collect the following fee |
|
from any person: |
|
(1) Returned Check (Sec. 118.0215) . . . . . . not |
|
less than $15 or more than $30 |
|
(2) Records Management and Preservation Fee (Sec. |
|
118.0216) . . . . . . . . . . . . . . . . . . . . not more than |
|
$10 |
|
(3) Mental Health Background Check for License to |
|
Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217) |
|
. . . . . not more than $2 |
|
(b) This section takes effect September 1, 2015. |
|
SECTION 33. (a) Section 118.011(b), Local Government Code, |
|
as effective September 1, 2019, is amended to read as follows: |
|
(b) The county clerk may set and collect the following fee |
|
from any person: |
|
(1) Returned Check (Sec. 118.0215) . . . . . . not |
|
less than $15 or more than $30 |
|
(2) Records Management and Preservation Fee (Sec. |
|
118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more |
|
than $5 |
|
(3) Mental Health Background Check for License to |
|
Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217) |
|
. . . . . not more than $2 |
|
(b) This section takes effect September 1, 2019. |
|
SECTION 34. Section 118.0217(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) The fee for a "mental health background check for |
|
license to carry a concealed or unconcealed handgun [weapon]" is |
|
for a check, conducted by the county clerk at the request of the |
|
Texas Department of Public Safety, of the county records involving |
|
the mental condition of a person who applies for a license to carry |
|
a concealed or unconcealed handgun under Subchapter H, Chapter 411, |
|
Government Code. The fee, not to exceed $2, will be paid from the |
|
application fee submitted to the Department of Public Safety |
|
according to Section 411.174(a)(6), Government Code. |
|
SECTION 35. Section 229.001(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) Subsection (a) does not affect the authority a |
|
municipality has under another law to: |
|
(1) require residents or public employees to be armed |
|
for personal or national defense, law enforcement, or another |
|
lawful purpose; |
|
(2) regulate the discharge of firearms or air guns |
|
within the limits of the municipality, other than at a sport |
|
shooting range; |
|
(3) regulate the use of property, the location of a |
|
business, or uses at a business under the municipality's fire code, |
|
zoning ordinance, or land-use regulations as long as the code, |
|
ordinance, or regulations are not used to circumvent the intent of |
|
Subsection (a) or Subdivision (5) of this subsection; |
|
(4) regulate the use of firearms or air guns in the |
|
case of an insurrection, riot, or natural disaster if the |
|
municipality finds the regulations necessary to protect public |
|
health and safety; |
|
(5) regulate the storage or transportation of |
|
explosives to protect public health and safety, except that 25 |
|
pounds or less of black powder for each private residence and 50 |
|
pounds or less of black powder for each retail dealer are not |
|
subject to regulation; |
|
(6) regulate the carrying of a firearm or air gun by a |
|
person other than a person licensed to carry a concealed or |
|
unconcealed handgun under Subchapter H, Chapter 411, Government |
|
Code, at a: |
|
(A) public park; |
|
(B) public meeting of a municipality, county, or |
|
other governmental body; |
|
(C) political rally, parade, or official |
|
political meeting; or |
|
(D) nonfirearms-related school, college, or |
|
professional athletic event; |
|
(7) regulate the hours of operation of a sport |
|
shooting range, except that the hours of operation may not be more |
|
limited than the least limited hours of operation of any other |
|
business in the municipality other than a business permitted or |
|
licensed to sell or serve alcoholic beverages for on-premises |
|
consumption; or |
|
(8) regulate the carrying of an air gun by a minor on: |
|
(A) public property; or |
|
(B) private property without consent of the |
|
property owner. |
|
SECTION 36. The heading to Section 1701.260, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY |
|
CONCEALED OR UNCONCEALED HANDGUN; CERTIFICATION OF ELIGIBILITY FOR |
|
APPOINTMENT AS SCHOOL MARSHAL. |
|
SECTION 37. Sections 1701.260(a) and (i), Occupations Code, |
|
are amended to read as follows: |
|
(a) The commission shall establish and maintain a training |
|
program open to any employee of a school district or |
|
open-enrollment charter school who holds a license to carry a |
|
concealed or unconcealed handgun issued under Subchapter H, Chapter |
|
411, Government Code. The training may be conducted only by the |
|
commission staff or a provider approved by the commission. |
|
(i) The commission shall revoke a person's school marshal |
|
license if the commission is notified by the Department of Public |
|
Safety that the person's license to carry a concealed or |
|
unconcealed handgun issued under Subchapter H, Chapter 411, |
|
Government Code, has been suspended or revoked. A person whose |
|
school marshal license is revoked may obtain recertification by: |
|
(1) furnishing proof to the commission that the |
|
person's [concealed handgun] license to carry a concealed or |
|
unconcealed handgun has been reinstated; and |
|
(2) completing the initial training under Subsection |
|
(c) to the satisfaction of the commission staff, paying the fee for |
|
the training, and demonstrating psychological fitness on the |
|
psychological examination described in Subsection (d). |
|
SECTION 38. 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, regardless |
|
of whether the handgun is carried in a concealed or unconcealed |
|
manner, and a license issued under Subchapter H, Chapter 411, |
|
Government Code, to carry a concealed or unconcealed handgun; 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 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, regardless of |
|
whether the handgun is carried in a concealed or unconcealed |
|
manner; 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. |
|
SECTION 39. Section 284.001(e), Parks and Wildlife Code, is |
|
amended to read as follows: |
|
(e) This section does not limit the ability of a license |
|
holder to carry a concealed or unconcealed handgun under the |
|
authority of Subchapter H, Chapter 411, Government Code. |
|
SECTION 40. 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, |
|
regardless of whether the handgun was carried in a concealed or |
|
unconcealed manner, and a license issued under Subchapter H, |
|
Chapter 411, Government Code, to carry a concealed or unconcealed |
|
handgun. |
|
SECTION 41. The heading to Section 30.06, Penal Code, is |
|
amended to read as follows: |
|
Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY |
|
CONCEALED OR UNCONCEALED HANDGUN. |
|
SECTION 42. Section 30.06, Penal Code, is amended by |
|
amending Subsections (a), (b), and (c) and adding Subsections (a-1) |
|
and (b-1) to read as follows: |
|
(a) A license holder commits an offense if the license |
|
holder: |
|
(1) carries a handgun in a concealed manner under the |
|
authority of Subchapter H, Chapter 411, Government Code, on |
|
property of another without effective consent; and |
|
(2) received notice that: |
|
(A) entry on the property by a license holder |
|
with a concealed handgun or with any handgun, regardless of whether |
|
concealed or not, was forbidden; or |
|
(B) remaining on the property with a concealed |
|
handgun or with any handgun, regardless of whether concealed or |
|
not, was forbidden and failed to depart. |
|
(a-1) A license holder commits an offense if the license |
|
holder: |
|
(1) carries a handgun in an unconcealed manner under |
|
the authority of Subchapter H, Chapter 411, Government Code, on |
|
property of another without effective consent; and |
|
(2) received notice that: |
|
(A) entry on the property by a license holder |
|
with an unconcealed handgun or with any handgun, regardless of |
|
whether concealed or not, was forbidden; or |
|
(B) remaining on the property with an unconcealed |
|
handgun or with any handgun, regardless of whether concealed or |
|
not, was forbidden and failed to depart. |
|
(b) For purposes of Subsection (a) [this section], a person |
|
receives notice if the owner of the property or someone with |
|
apparent authority to act for the owner provides notice to the |
|
person by oral communication or written communication that must |
|
consist of: |
|
(1) a card or other document on which is written |
|
language indicating that pursuant to Section 30.06, Penal Code |
|
(trespass by holder of license to carry a concealed or unconcealed |
|
handgun), a person licensed under Subchapter H, Chapter 411, |
|
Government Code, may not enter the property with a concealed |
|
handgun or with any handgun, whether concealed or not, as |
|
applicable; or |
|
(2) a sign posted on the property that: |
|
(A) includes the language described by |
|
Subdivision (1) of this subsection in both English and Spanish; |
|
(B) appears in contrasting colors with block |
|
letters at least one inch in height; and |
|
(C) is displayed in a conspicuous manner clearly |
|
visible to the public. |
|
(b-1) For purposes of Subsection (a-1), a person receives |
|
notice if the owner of the property or someone with apparent |
|
authority to act for the owner provides notice to the person by oral |
|
communication or written communication that must consist of: |
|
(1) the written communication described by Subsection |
|
(b)(1), except that the communication must indicate that a license |
|
holder may not enter the property with an unconcealed handgun or |
|
with any handgun, whether concealed or not, as applicable; or |
|
(2) a sign described by Subsection (b)(2), except that |
|
the sign must include the language described by Subdivision (1) of |
|
this subsection. |
|
(c) In this section: |
|
(1) "Entry" has the meaning assigned by Section |
|
30.05(b). |
|
(2) "License holder" has the meaning assigned by |
|
Section 46.035(f). |
|
[(3) "Written communication" means:
|
|
[(A)
a card or other document on which is written
|
|
language identical to the following: "Pursuant to Section 30.06,
|
|
Penal Code (trespass by holder of license to carry a concealed
|
|
handgun), a person licensed under Subchapter H, Chapter 411,
|
|
Government Code (concealed handgun law), may not enter this
|
|
property with a concealed handgun"; or
|
|
[(B) a sign posted on the property that:
|
|
[(i)
includes the language described by
|
|
Paragraph (A) in both English and Spanish;
|
|
[(ii)
appears in contrasting colors with
|
|
block letters at least one inch in height; and
|
|
[(iii)
is displayed in a conspicuous manner
|
|
clearly visible to the public.] |
|
SECTION 43. Section 46.02(a-1), Penal Code, is amended to |
|
read as follows: |
|
(a-1) A person commits an offense if the person |
|
intentionally, knowingly, or recklessly carries on or about his or |
|
her person a handgun in a motor vehicle or watercraft that is owned |
|
by the person or under the person's control at any time in which: |
|
(1) the handgun is in plain view, unless the handgun is |
|
carried on the person in an unconcealed manner and the person is |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code; or |
|
(2) the person is: |
|
(A) engaged in criminal activity, other than a |
|
Class C misdemeanor that is a violation of a law or ordinance |
|
regulating traffic or boating; |
|
(B) prohibited by law from possessing a firearm; |
|
or |
|
(C) a member of a criminal street gang, as |
|
defined by Section 71.01. |
|
SECTION 44. Section 46.03(f), Penal Code, is amended to |
|
read as follows: |
|
(f) It is not a defense to prosecution under this section |
|
that the actor possessed a handgun, regardless of whether the |
|
handgun was carried in a concealed or unconcealed manner, and was |
|
licensed to carry a concealed or unconcealed handgun under |
|
Subchapter H, Chapter 411, Government Code. |
|
SECTION 45. Sections 46.035(a), (b), (c), and (d), Penal |
|
Code, are amended to read as follows: |
|
(a) A license holder commits an offense if the license |
|
holder carries a handgun on or about the license holder's person |
|
under the authority of Subchapter H, Chapter 411, Government Code, |
|
and intentionally displays the handgun in plain view of another |
|
person in a public place, unless the license holder is carrying the |
|
handgun in a shoulder or belt holster with at least dual points of |
|
resistance. |
|
(b) A license holder commits an offense if the license |
|
holder intentionally, knowingly, or recklessly carries a handgun |
|
under the authority of Subchapter H, Chapter 411, Government Code, |
|
regardless of whether the handgun is concealed or carried in a |
|
shoulder or belt holster with at least dual points of resistance, on |
|
or about the license holder's person: |
|
(1) on the premises of a business that has a permit or |
|
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|
Beverage Code, if the business derives 51 percent or more of its |
|
income from the sale or service of alcoholic beverages for |
|
on-premises consumption, as determined by the Texas Alcoholic |
|
Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
|
(2) on the premises where a high school, collegiate, |
|
or professional sporting event or interscholastic event is taking |
|
place, unless the license holder is a participant in the event and a |
|
handgun is used in the event; |
|
(3) on the premises of a correctional facility; |
|
(4) on the premises of a hospital licensed under |
|
Chapter 241, Health and Safety Code, or on the premises of a nursing |
|
home licensed under Chapter 242, Health and Safety Code, unless the |
|
license holder has written authorization of the hospital or nursing |
|
home administration, as appropriate; |
|
(5) in an amusement park; or |
|
(6) on the premises of a church, synagogue, or other |
|
established place of religious worship. |
|
(c) A license holder commits an offense if the license |
|
holder intentionally, knowingly, or recklessly carries a handgun |
|
under the authority of Subchapter H, Chapter 411, Government Code, |
|
regardless of whether the handgun is concealed or carried in a |
|
shoulder or belt holster with at least dual points of resistance, at |
|
any meeting of a governmental entity. |
|
(d) A license holder commits an offense if, while |
|
intoxicated, the license holder carries a handgun under the |
|
authority of Subchapter H, Chapter 411, Government Code, regardless |
|
of whether the handgun is concealed or carried in a shoulder or belt |
|
holster with at least dual points of resistance. |
|
SECTION 46. Sections 46.15(a) and (b), Penal Code, are |
|
amended to read as follows: |
|
(a) Sections 46.02 and 46.03 do not apply to: |
|
(1) peace officers or special investigators under |
|
Article 2.122, Code of Criminal Procedure, and neither section |
|
prohibits a peace officer or special investigator from carrying a |
|
weapon in this state, including in an establishment in this state |
|
serving the public, regardless of whether the peace officer or |
|
special investigator is engaged in the actual discharge of the |
|
officer's or investigator's duties while carrying the weapon; |
|
(2) parole officers and neither section prohibits an |
|
officer from carrying a weapon in this state if the officer is: |
|
(A) engaged in the actual discharge of the |
|
officer's duties while carrying the weapon; and |
|
(B) in compliance with policies and procedures |
|
adopted by the Texas Department of Criminal Justice regarding the |
|
possession of a weapon by an officer while on duty; |
|
(3) community supervision and corrections department |
|
officers appointed or employed under Section 76.004, Government |
|
Code, and neither section prohibits an officer from carrying a |
|
weapon in this state if the officer is: |
|
(A) engaged in the actual discharge of the |
|
officer's duties while carrying the weapon; and |
|
(B) authorized to carry a weapon under Section |
|
76.0051, Government Code; |
|
(4) an active judicial officer as defined by Section |
|
411.201, Government Code, who is licensed to carry a concealed or |
|
unconcealed handgun under Subchapter H, Chapter 411, Government |
|
Code; |
|
(5) an honorably retired peace officer, qualified |
|
retired law enforcement officer, federal criminal investigator, or |
|
former reserve law enforcement officer who holds a certificate of |
|
proficiency issued under Section 1701.357, Occupations Code, and is |
|
carrying a photo identification that is issued by a federal, state, |
|
or local law enforcement agency, as applicable, and that verifies |
|
that the officer is: |
|
(A) an honorably retired peace officer; |
|
(B) a qualified retired law enforcement officer; |
|
(C) a federal criminal investigator; or |
|
(D) a former reserve law enforcement officer who |
|
has served in that capacity not less than a total of 15 years with |
|
one or more state or local law enforcement agencies; |
|
(6) a district attorney, criminal district attorney, |
|
county attorney, or municipal attorney who is licensed to carry a |
|
concealed or unconcealed handgun under Subchapter H, Chapter 411, |
|
Government Code; |
|
(7) an assistant district attorney, assistant |
|
criminal district attorney, or assistant county attorney who is |
|
licensed to carry a concealed or unconcealed handgun under |
|
Subchapter H, Chapter 411, Government Code; |
|
(8) a bailiff designated by an active judicial officer |
|
as defined by Section 411.201, Government Code, who is: |
|
(A) licensed to carry a concealed or unconcealed |
|
handgun under Chapter 411, Government Code; and |
|
(B) engaged in escorting the judicial officer; or |
|
(9) a juvenile probation officer who is authorized to |
|
carry a firearm under Section 142.006, Human Resources Code. |
|
(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 437.001, 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 or |
|
in an unconcealed manner but in a shoulder or belt holster with at |
|
least dual points of resistance; |
|
(6) is carrying a [concealed] handgun, regardless of |
|
whether the handgun is carried in a concealed or unconcealed |
|
manner, and a valid license issued under Subchapter H, Chapter 411, |
|
Government Code, to carry a concealed or unconcealed handgun; |
|
(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 47. The change in law made by this Act relating to |
|
the authority of a license holder to carry an unconcealed handgun |
|
applies to the carrying of a handgun on or after the effective date |
|
of this Act by any person who: |
|
(1) holds a license issued under Subchapter H, Chapter |
|
411, Government Code, regardless of whether the person's license |
|
was issued before, on, or after the effective date of this Act; or |
|
(2) applies for the issuance of a license under that |
|
subchapter, regardless of whether the person applied for the |
|
license before, on, or after the effective date of this Act. |
|
SECTION 48. The changes in law made by this Act to Sections |
|
30.05, 30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply |
|
only to an offense committed on or after the effective date of this |
|
Act. An offense committed before the effective date of this Act is |
|
governed by the law in effect when the offense was committed, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 49. Except as otherwise provided by this Act, this |
|
Act takes effect September 1, 2015. |