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AN ACT
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relating to the authority of a person who is licensed to carry a |
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handgun to openly carry a holstered handgun; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Each holder of a permit who is not otherwise required to |
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display a sign under Section 411.204, Government Code, shall |
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display in a prominent place on the permit holder's premises a sign |
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giving notice that it is unlawful for a person to carry a weapon on |
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the premises unless the weapon is a [concealed] handgun the person |
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is licensed to carry under Subchapter H, Chapter 411, Government |
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Code. |
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SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f) or (i), the |
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commission or administrator shall cancel an original or renewal |
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permit if it is found, after notice and hearing, that the permittee |
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knowingly allowed a person to possess a firearm in a building on the |
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licensed premises. This subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a permittee or an employee of a permittee if |
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the person is supervising the operation of the premises; or |
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(4) who possesses a [concealed] handgun the person is |
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licensed to carry under Subchapter H, Chapter 411, Government Code, |
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unless the person is on the premises of a business described by |
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Section 46.035(b)(1), Penal Code. |
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SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Each holder of a license who is not otherwise required |
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to display a sign under Section 411.204, Government Code, shall |
|
display in a prominent place on the license holder's premises a sign |
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giving notice that it is unlawful for a person to carry a weapon on |
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the premises unless the weapon is a [concealed] handgun the person |
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is licensed to carry under Subchapter H, Chapter 411, Government |
|
Code. |
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SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(f) Except as provided by Subsection (g) or (j), the |
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commission or administrator shall cancel an original or renewal |
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dealer's on-premises or off-premises license if it is found, after |
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notice and hearing, that the licensee knowingly allowed a person to |
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possess a firearm in a building on the licensed premises. This |
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subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a licensee or an employee of a licensee if |
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the person is supervising the operation of the premises; or |
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(4) who possesses a [concealed] handgun the person is |
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licensed to carry under Subchapter H, Chapter 411, Government Code, |
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unless the person is on the premises of a business described by |
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Section 46.035(b)(1), Penal Code. |
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SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) In a protective order, the court may suspend a license |
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to carry a [concealed] handgun issued under Section 411.177, |
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Government Code, that is held by the alleged offender. |
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SECTION 6. Article 17.292(l), Code of Criminal Procedure, |
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is amended to read as follows: |
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(l) In the order for emergency protection, the magistrate |
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shall suspend a license to carry a [concealed] handgun issued under |
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Subchapter H, Chapter 411, Government Code, that is held by the |
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defendant. |
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SECTION 7. Article 17.293, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO |
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OTHER PERSONS. The magistrate or the clerk of the magistrate's |
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court issuing an order for emergency protection under Article |
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17.292 that suspends a license to carry a [concealed] handgun shall |
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immediately send a copy of the order to the appropriate division of |
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the Department of Public Safety at its Austin headquarters. On |
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receipt of the order suspending the license, the department shall: |
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(1) record the suspension of the license in the |
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records of the department; |
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(2) report the suspension to local law enforcement |
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agencies, as appropriate; and |
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(3) demand surrender of the suspended license from the |
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license holder. |
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SECTION 8. Section 37.0811(f), Education Code, is amended |
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to read as follows: |
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(f) A school district or charter school employee's status as |
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a school marshal becomes inactive on: |
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(1) expiration of the employee's school marshal |
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license under Section 1701.260, Occupations Code; |
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(2) suspension or revocation of the employee's license |
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to carry a [concealed] handgun issued under Subchapter H, Chapter |
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411, Government Code; |
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(3) termination of the employee's employment with the |
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district or charter school; or |
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(4) notice from the board of trustees of the district |
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or the governing body of the charter school that the employee's |
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services as school marshal are no longer required. |
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SECTION 9. Section 63.0101, Election Code, is amended to |
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read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
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The following documentation is an acceptable form of photo |
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identification under this chapter: |
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(1) a driver's license, election identification |
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certificate, or personal identification card issued to the person |
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by the Department of Public Safety that has not expired or that |
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expired no earlier than 60 days before the date of presentation; |
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(2) a United States military identification card that |
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contains the person's photograph that has not expired or that |
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expired no earlier than 60 days before the date of presentation; |
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(3) a United States citizenship certificate issued to |
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the person that contains the person's photograph; |
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(4) a United States passport issued to the person that |
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has not expired or that expired no earlier than 60 days before the |
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date of presentation; or |
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(5) a license to carry a [concealed] handgun issued to |
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the person by the Department of Public Safety that has not expired |
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or that expired no earlier than 60 days before the date of |
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presentation. |
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SECTION 10. Section 2.005(b), Family Code, is amended to |
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read as follows: |
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(b) The proof must be established by: |
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(1) a driver's license or identification card issued |
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by this state, another state, or a Canadian province that is current |
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or has expired not more than two years preceding the date the |
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identification is submitted to the county clerk in connection with |
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an application for a license; |
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(2) a United States passport; |
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(3) a current passport issued by a foreign country or a |
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consular document issued by a state or national government; |
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(4) an unexpired Certificate of United States |
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Citizenship, Certificate of Naturalization, United States Citizen |
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Identification Card, Permanent Resident Card, Temporary Resident |
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Card, Employment Authorization Card, or other document issued by |
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the federal Department of Homeland Security or the United States |
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Department of State including an identification photograph; |
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(5) an unexpired military identification card for |
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active duty, reserve, or retired personnel with an identification |
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photograph; |
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(6) an original or certified copy of a birth |
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certificate issued by a bureau of vital statistics for a state or a |
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foreign government; |
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(7) an original or certified copy of a Consular Report |
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of Birth Abroad or Certificate of Birth Abroad issued by the United |
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States Department of State; |
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(8) an original or certified copy of a court order |
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relating to the applicant's name change or sex change; |
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(9) school records from a secondary school or |
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institution of higher education; |
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(10) an insurance policy continuously valid for the |
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two years preceding the date of the application for a license; |
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(11) a motor vehicle certificate of title; |
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(12) military records, including documentation of |
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release or discharge from active duty or a draft record; |
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(13) an unexpired military dependent identification |
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card; |
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(14) an original or certified copy of the applicant's |
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marriage license or divorce decree; |
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(15) a voter registration certificate; |
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(16) a pilot's license issued by the Federal Aviation |
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Administration or another authorized agency of the United States; |
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(17) a license to carry a [concealed] handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(18) a temporary driving permit or a temporary |
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identification card issued by the Department of Public Safety; or |
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(19) an offender identification card issued by the |
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Texas Department of Criminal Justice. |
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SECTION 11. Section 58.003(m), Family Code, is amended to |
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read as follows: |
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(m) On request of the Department of Public Safety, a |
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juvenile court shall reopen and allow the department to inspect the |
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files and records of the juvenile court relating to an applicant for |
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a license to carry a [concealed] handgun under Subchapter H, |
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Chapter 411, Government Code. |
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SECTION 12. Section 85.022(d), Family Code, is amended to |
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read as follows: |
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(d) In a protective order, the court shall suspend a license |
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to carry a [concealed] handgun issued under Subchapter H, Chapter |
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411, Government Code, that is held by a person found to have |
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committed family violence. |
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SECTION 13. Section 85.042(e), Family Code, is amended to |
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read as follows: |
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(e) The clerk of the court issuing an original or modified |
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protective order under Section 85.022 that suspends a license to |
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carry a [concealed] handgun shall send a copy of the order to the |
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appropriate division of the Department of Public Safety at its |
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Austin headquarters. On receipt of the order suspending the |
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license, the department shall: |
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(1) record the suspension of the license in the |
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records of the department; |
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(2) report the suspension to local law enforcement |
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agencies, as appropriate; and |
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(3) demand surrender of the suspended license from the |
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license holder. |
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SECTION 14. The heading to Section 411.047, Government |
|
Code, is amended to read as follows: |
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Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED] |
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HANDGUN INCIDENTS INVOLVING LICENSE HOLDERS. |
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SECTION 15. Section 411.0625, Government Code, is amended |
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to read as follows: |
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Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a) |
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The department shall allow a person to enter the Capitol and the |
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Capitol Extension, including any public space in the Capitol or |
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Capitol Extension, in the same manner as the department allows |
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entry to a person who presents a [concealed handgun] license to |
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carry a handgun under Subchapter H if the person: |
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(1) obtains from the department a Capitol access pass; |
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and |
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(2) presents the pass to the appropriate law |
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enforcement official when entering the building or a space within |
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the building. |
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(b) To be eligible for a Capitol access pass, a person must |
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meet the eligibility requirements applicable to a license to carry |
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a [concealed] handgun under Subchapter H, other than requirements |
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regarding evidence of handgun proficiency. |
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(c) The department shall adopt rules to establish a |
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procedure by which a resident of the state may apply for and be |
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issued a Capitol access pass. Rules adopted under this section must |
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include provisions for eligibility, application, approval, |
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issuance, and renewal that: |
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(1) require the department to conduct the same |
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background check on an applicant for a Capitol access pass that is |
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conducted on an applicant for a [concealed handgun] license to |
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carry a handgun under Subchapter H; |
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(2) enable the department to conduct the background |
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check described by Subdivision (1); and |
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(3) establish application and renewal fees in amounts |
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sufficient to cover the cost of administering this section, not to |
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exceed the amounts of similar fees required under Section 411.174 |
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for a [concealed handgun] license to carry a handgun [under Section
|
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411.174]. |
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SECTION 16. The heading to Subchapter H, Chapter 411, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER H. LICENSE TO CARRY A [CONCEALED] HANDGUN |
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SECTION 17. Sections 411.172(a), (b-1), (g), and (h), |
|
Government Code, are amended to read as follows: |
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(a) A person is eligible for a license to carry a |
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[concealed] handgun if the person: |
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(1) is a legal resident of this state for the six-month |
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period preceding the date of application under this subchapter or |
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is otherwise eligible for a license under Section 411.173(a); |
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(2) is at least 21 years of age; |
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(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; |
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(5) is not a fugitive from justice for a felony or a |
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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 |
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respect to the proper use and storage of a handgun; |
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(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 |
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state law to purchase a handgun; |
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(10) has not been finally determined to be delinquent |
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in making a child support payment administered or collected by the |
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attorney general; |
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(11) has not been finally determined to be delinquent |
|
in the payment of a tax or other money collected by the comptroller, |
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the tax collector of a political subdivision of the state, or any |
|
agency or subdivision of the state; |
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(12) is not currently restricted under a court |
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protective order or subject to a restraining order affecting the |
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spousal relationship, other than a restraining order solely |
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affecting property interests; |
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(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 |
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(14) has not made any material misrepresentation, or |
|
failed to disclose any material fact, in an application submitted |
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pursuant to Section 411.174. |
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(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 |
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license to carry a [concealed] handgun, the offense: |
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(1) is not designated by a law of this state as a |
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felony; and |
|
(2) does not contain all the elements of any offense |
|
designated by a law of this state as a felony. |
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(g) Notwithstanding Subsection (a)(2), a person who is at |
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least 18 years of age but not yet 21 years of age is eligible for a |
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license to carry a [concealed] handgun if the person: |
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(1) is a member or veteran of the United States armed |
|
forces, including a member or veteran of the reserves or national |
|
guard; |
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(2) was discharged under honorable conditions, if |
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discharged from the United States armed forces, reserves, or |
|
national guard; and |
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(3) meets the other eligibility requirements of |
|
Subsection (a) except for the minimum age required by federal law to |
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purchase a handgun. |
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(h) The issuance of a license to carry a [concealed] handgun |
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to a person eligible under Subsection (g) does not affect the |
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person's ability to purchase a handgun or ammunition under federal |
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law. |
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SECTION 18. Section 411.173(b), Government Code, is amended |
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to read as follows: |
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(b) The governor shall negotiate an agreement with any other |
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state that provides for the issuance of a license to carry a |
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[concealed] handgun under which a license issued by the other state |
|
is recognized in this state or shall issue a proclamation that a |
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license issued by the other state is recognized in this state if the |
|
attorney general of the State of Texas determines that a background |
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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 |
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Crime Information Center database and the Interstate |
|
Identification Index maintained by the Federal Bureau of |
|
Investigation. |
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SECTION 19. Section 411.174(a), Government Code, is amended |
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to read as follows: |
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(a) An applicant for a license to carry a [concealed] |
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handgun must submit to the director's designee described by Section |
|
411.176: |
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(1) a completed application on a form provided by the |
|
department that requires only the information listed in Subsection |
|
(b); |
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(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 |
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$140 paid to the department; |
|
(7) evidence of handgun proficiency, in the form and |
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manner required by the department; |
|
(8) an affidavit signed by the applicant stating that |
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the applicant: |
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(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 |
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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 |
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for a license under Section 411.172(a). |
|
SECTION 20. Section 411.177(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department shall issue a license to carry a |
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[concealed] 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 21. 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] 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 22. Sections 411.188(b) and (g), Government Code, |
|
are amended to read as follows: |
|
(b) Only qualified handgun instructors may administer the |
|
classroom instruction part or the range instruction part of the |
|
handgun proficiency course. The classroom instruction part of the |
|
course must include not less than four hours and not more than six |
|
hours of instruction on: |
|
(1) the laws that relate to weapons and to the use of |
|
deadly force; |
|
(2) handgun use and safety, including use of restraint |
|
holsters and methods to ensure the secure carrying of openly |
|
carried handguns; |
|
(3) nonviolent dispute resolution; and |
|
(4) proper storage practices for handguns with an |
|
emphasis on storage practices that eliminate the possibility of |
|
accidental injury to a child. |
|
(g) A person who wishes to obtain a license to carry a |
|
[concealed] 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 23. Sections 411.190(b), (c), and (f), Government |
|
Code, are amended to read as follows: |
|
(b) In addition to the qualifications described by |
|
Subsection (a), a qualified handgun instructor must be qualified to |
|
instruct persons in: |
|
(1) the laws that relate to weapons and to the use of |
|
deadly force; |
|
(2) handgun use, proficiency, and safety, including |
|
use of restraint holsters and methods to ensure the secure carrying |
|
of openly carried handguns; |
|
(3) nonviolent dispute resolution; and |
|
(4) proper storage practices for handguns, including |
|
storage practices that eliminate the possibility of accidental |
|
injury to a child. |
|
(c) In the manner applicable to a person who applies for a |
|
license to carry a [concealed] 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] 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] 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] 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 24. 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] handgun issued |
|
under this subchapter. |
|
SECTION 25. 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] handgun to be used in supervised activities involving |
|
criminal investigations. |
|
SECTION 26. 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] handgun under the authority of this subchapter. |
|
A retired judicial officer is eligible for a license to carry a |
|
[concealed] 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] 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] 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] handgun under the |
|
authority of this subchapter. |
|
(h) The department shall issue a license to carry a |
|
[concealed] 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 27. 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 on the premises of the |
|
business. In this section, "premises" has the meaning assigned by |
|
Section 46.035(f)(3), Penal Code. |
|
SECTION 28. 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 or |
|
30.07, 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] 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 29. 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] 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 30. 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] 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] 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] 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] |
|
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 31. (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 Handgun [Concealed Weapon] (Sec. 118.0217) . . . . . not |
|
more than $2 |
|
(b) This section takes effect September 1, 2015. |
|
SECTION 32. (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 Handgun [Concealed Weapon] (Sec. 118.0217) . . . . . not |
|
more than $2 |
|
(b) This section takes effect September 1, 2019. |
|
SECTION 33. 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 handgun [concealed 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] 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 34. 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] 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 35. The heading to Section 1701.260, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY A |
|
[CONCEALED] HANDGUN; CERTIFICATION OF ELIGIBILITY FOR APPOINTMENT |
|
AS SCHOOL MARSHAL. |
|
SECTION 36. 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] 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] 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 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 37. Section 1702.206(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) An individual who is acting as a personal protection |
|
officer and is wearing the uniform of a security officer, including |
|
any uniform or apparel described by Section 1702.323(d), may not |
|
conceal any firearm the individual is carrying and shall carry the |
|
firearm in plain view. An individual who is acting as a personal |
|
protection officer and is not wearing the uniform of a security |
|
officer shall conceal the firearm, regardless of whether the |
|
individual is authorized to openly carry the firearm under any |
|
other law. |
|
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 and a license |
|
issued under Subchapter H, Chapter 411, Government Code, to carry a |
|
[concealed] 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; 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] 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) a [concealed handgun and a] license issued |
|
under Subchapter H, Chapter 411, Government Code, to carry a |
|
[concealed] handgun; and |
|
(B) a handgun: |
|
(i) in a concealed manner; or |
|
(ii) in a shoulder or belt holster. |
|
SECTION 41. The heading to Section 30.06, Penal Code, is |
|
amended to read as follows: |
|
Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A [OF LICENSE TO
|
|
CARRY] CONCEALED HANDGUN. |
|
SECTION 42. Sections 30.06(a) and (d), Penal Code, are |
|
amended to read as follows: |
|
(a) A license holder commits an offense if the license |
|
holder: |
|
(1) carries a concealed handgun 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 was forbidden[; or
|
|
[(B)
remaining on the property with a concealed
|
|
handgun was forbidden and failed to depart]. |
|
(d) An offense under this section is a Class C misdemeanor |
|
punishable by a fine not to exceed $200, except that the offense is |
|
a Class A misdemeanor if it is shown on the trial of the offense |
|
that, after entering the property, the license holder was |
|
personally given the notice by oral communication described by |
|
Subsection (b) and subsequently failed to depart. |
|
SECTION 43. Section 30.06(c)(3), Penal Code, is amended to |
|
read as follows: |
|
(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 license holder with [of license to carry] a |
|
concealed handgun), a person licensed under Subchapter H, Chapter |
|
411, Government Code ([concealed] handgun licensing 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 44. Chapter 30, Penal Code, is amended by adding |
|
Section 30.07 to read as follows: |
|
Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY |
|
CARRIED HANDGUN. (a) A license holder commits an offense if the |
|
license holder: |
|
(1) openly carries a handgun under the authority of |
|
Subchapter H, Chapter 411, Government Code, on property of another |
|
without effective consent; and |
|
(2) received notice that entry on the property by a |
|
license holder openly carrying a handgun was forbidden. |
|
(b) For purposes of 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 or written |
|
communication. |
|
(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 30.07, |
|
Penal Code (trespass by license holder with an openly carried |
|
handgun), a person licensed under Subchapter H, Chapter 411, |
|
Government Code (handgun licensing law), may not enter this |
|
property with a handgun that is carried openly"; 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 at each entrance to the property. |
|
(d) An offense under this section is a Class C misdemeanor |
|
punishable by a fine not to exceed $200, except that the offense is |
|
a Class A misdemeanor if it is shown on the trial of the offense |
|
that, after entering the property, the license holder was |
|
personally given the notice by oral communication described by |
|
Subsection (b) and subsequently failed to depart. |
|
(e) It is an exception to the application of this section |
|
that the property on which the license holder openly carries the |
|
handgun is owned or leased by a governmental entity and is not a |
|
premises or other place on which the license holder is prohibited |
|
from carrying the handgun under Section 46.03 or 46.035. |
|
(f) It is not a defense to prosecution under this section |
|
that the handgun was carried in a shoulder or belt holster. |
|
SECTION 45. 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 person is |
|
licensed to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code, and the handgun is carried in a shoulder or belt |
|
holster; 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 46. 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 and was licensed to carry a |
|
[concealed] handgun under Subchapter H, Chapter 411, Government |
|
Code. |
|
SECTION 47. Section 46.035, Penal Code, is amended by |
|
amending Subsections (a), (b), (c), (d), (g), (h), (i), and (j) and |
|
adding Subsection (a-1) 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. It is an exception to the application of |
|
this subsection that the handgun was partially or wholly visible |
|
but was carried in a shoulder or belt holster by the license holder. |
|
(a-1) Notwithstanding Subsection (a), a license holder |
|
commits an offense if the license holder carries a partially or |
|
wholly visible handgun, regardless of whether the handgun is |
|
holstered, 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: |
|
(1) on the premises of an institution of higher |
|
education or private or independent institution of higher |
|
education; or |
|
(2) on any public or private driveway, street, |
|
sidewalk or walkway, parking lot, parking garage, or other parking |
|
area of an institution of higher education or private or |
|
independent institution of higher education. |
|
(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, 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 |
|
facility [home] licensed under Chapter 242, Health and Safety Code, |
|
unless the license holder has written authorization of the hospital |
|
or nursing facility [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, 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. |
|
(g) An offense under this section [Subsection (a), (b), (c),
|
|
(d), or (e)] is a Class A misdemeanor, unless the offense is |
|
committed under Subsection (b)(1) or (b)(3), in which event the |
|
offense is a felony of the third degree. |
|
(h) It is a defense to prosecution under Subsection (a) or |
|
(a-1) that the actor, at the time of the commission of the offense, |
|
displayed the handgun under circumstances in which the actor would |
|
have been justified in the use of force or deadly force under |
|
Chapter 9. |
|
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply |
|
if the actor was not given effective notice under Section 30.06 or |
|
30.07. |
|
(j) Subsections (a), (a-1), and (b)(1) do not apply to a |
|
historical reenactment performed in compliance with the rules of |
|
the Texas Alcoholic Beverage Commission. |
|
SECTION 48. Section 46.035(f), Penal Code, is amended by |
|
adding Subdivision (1-a) to read as follows: |
|
(1-a) "Institution of higher education" and "private |
|
or independent institution of higher education" have the meanings |
|
assigned by Section 61.003, Education Code. |
|
SECTION 49. 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] |
|
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] 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] 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] handgun under |
|
Subchapter H, 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; |
|
(6) is carrying: |
|
(A) a [concealed handgun and a valid] license |
|
issued under Subchapter H, Chapter 411, Government Code, to carry a |
|
[concealed] handgun; and |
|
(B) a handgun: |
|
(i) in a concealed manner; or |
|
(ii) in a shoulder or belt holster; |
|
(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 50. Section 411.171(3), Government Code, is |
|
repealed. |
|
SECTION 51. The change in law made by this Act relating to |
|
the authority of a license holder to openly carry a holstered |
|
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 52. The changes in law made by this Act to Sections |
|
62.082 and 284.001, Parks and Wildlife Code, and 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 on the date 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 53. Except as otherwise provided by this Act, this |
|
Act takes effect January 1, 2016. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 910 was passed by the House on April |
|
20, 2015, by the following vote: Yeas 101, Nays 42, 1 present, not |
|
voting; that the motion to concur in Senate amendments to H.B. No. |
|
910 failed on May 27, 2015, by the following vote: Yeas 63, Nays |
|
79, 2 present, not voting; that the House refused to concur in |
|
Senate amendments to H.B. No. 910 on May 27, 2015, by a non-record |
|
vote |
|
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. 910 on May 29, |
|
2015, by the following vote: Yeas 102, Nays 43, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 910 was passed by the Senate, with |
|
amendments, on May 22, 2015, by the following vote: Yeas 19, Nays |
|
12; 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. |
|
910 on May 29, 2015, by the following vote: Yeas 20, Nays 11. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |