83R5178 JSC-F
By: Paddie H.B. No. 1194
A BILL TO BE ENTITLED
AN ACT
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] handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who possesses a [concealed] handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.
SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a license who is not otherwise required
to display a sign under Section 411.204, Government Code, shall
display in a prominent place on the license holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a [concealed] handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; or
(4) who possesses a [concealed] handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.
SECTION 5. 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] handgun issued under Section 411.177,
Government Code, that is held by the alleged offender.
SECTION 6. Article 7B.06(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] handgun issued under Section 411.177,
Government Code, that is held by the offender or alleged offender.
SECTION 7. 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] handgun issued under
Subchapter H, Chapter 411, Government Code, that is held by the
defendant.
SECTION 8. 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] 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 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] 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] handgun issued
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] 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] 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] 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 handgun] license to
carry a handgun issued 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] handgun issued 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 handgun] license to
carry a handgun issued 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 under Section 411.174
for a [concealed handgun] license to carry a handgun [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]
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:
(A) in a shoulder or belt holster that is wholly
or partially visible; or
(B) in a scabbard or case designed for carrying
firearms 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] handgun, authorizing the person to carry a concealed
handgun or an 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] 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] 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] 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] 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]
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] handgun to an applicant if the applicant meets all the
eligibility requirements and submits all the application
materials. The department may issue a license to carry handguns
only of the categories for which the applicant has demonstrated
proficiency in the form and manner required by the department. The
department shall administer the licensing procedures in good faith
so that any applicant who meets all the eligibility requirements
and submits all the application materials shall receive a license.
The department may not deny an application on the basis of a
capricious or arbitrary decision by the department.
SECTION 22. Section 411.185(d), Government Code, is amended
to read as follows:
(d) The director by rule shall adopt a procedure by which a
license holder who satisfies the eligibility criteria may renew a
license by mail. The materials for renewal by mail must include a
form to be signed and returned to the department by the applicant
that describes state law regarding:
(1) the use of deadly force; and
(2) the places where it is unlawful for the holder of a
license issued under this subchapter to carry a [concealed]
handgun.
SECTION 23. Section 411.187(a), Government Code, is amended
to read as follows:
(a) The department shall suspend a license under this
section if the license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment;
(2) fails to notify the department of a change of
address, name, or status as required by Section 411.181;
(3) carries a [concealed] handgun under the authority
of this subchapter of a different category than the license holder
is licensed to carry;
(4) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(5) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(6) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
SECTION 24. Section 411.188(g), Government Code, is amended
to read as follows:
(g) A person who wishes to obtain or renew 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 25. Section 411.1881(a), Government Code, is
amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
a person may not be required to complete the range instruction
portion of a handgun proficiency course to obtain or renew a
[concealed handgun] license issued under this subchapter if the
person:
(1) is currently serving in or is honorably discharged
from:
(A) the army, navy, air force, coast guard, or
marine corps of the United States or an auxiliary service or reserve
unit of one of those branches of the armed forces; or
(B) the state military forces, as defined by
Section 431.001; and
(2) has, within the five years preceding the date of
the person's application for an original or renewed license, as
applicable, completed a course of training in handgun proficiency
or familiarization as part of the person's service with the armed
forces or state military forces.
SECTION 26. 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] 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 27. 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 28. 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 29. 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 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] handgun under the authority of Subchapter H, Chapter
411, Government 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] handgun issued 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 issued 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 issued 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 issued 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. Section 118.011(b), Local Government Code, 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
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 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 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 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; or
(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.
SECTION 35. Sections 62.082(d) and (e), Parks and Wildlife
Code, are amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of
Criminal Procedure; or
(4) a person who:
(A) possesses a [concealed] handgun and a license
issued under Subchapter H, Chapter 411, Government Code, to carry a
[concealed] handgun of the same category as a handgun the person is
carrying; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun of the same category as a handgun the person is
licensed to carry under Subchapter H, Chapter 411, Government Code.
(e) A state agency, including the department, the
Department of Public Safety, and the Lower Colorado River
Authority, may not adopt a rule that prohibits a person who
possesses a license issued under Subchapter H, Chapter 411,
Government Code, from entering or crossing the land of the Lower
Colorado River Authority while:
(1) possessing a [concealed] handgun of the same
category as a handgun the person is licensed to carry; or
(2) under circumstances in which the person would be
justified in the use of deadly force under Chapter 9, Penal Code,
shooting a handgun of the same category as a handgun the person is
licensed to carry.
SECTION 36. 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 37. Section 30.05(f), Penal Code, is amended to
read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a [concealed] handgun and
a license issued under Subchapter H, Chapter 411, Government Code,
to carry a [concealed] handgun of the same category the person was
carrying.
SECTION 38. 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] HANDGUN.
SECTION 39. Section 30.06(a), Penal Code, is amended to
read as follows:
(a) A license holder commits an offense if the license
holder:
(1) 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:
(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.
SECTION 40. 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 holder of license to carry a [concealed]
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code ([concealed] handgun license 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 41. 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
carrying an unconcealed handgun, as defined by Section 411.171,
Government Code, and a valid license issued under Subchapter H,
Chapter 411, Government Code, to carry a handgun of the same
category as the handgun the person is carrying; 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 42. 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 43. 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 [fails to conceal] the handgun in a
manner that:
(1) threatens another person;
(2) places another person in fear of imminent bodily
injury; or
(3) is calculated to cause alarm.
(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,] 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,] 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].
SECTION 44. 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 or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency;
(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
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 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned under
Chapter 1702, Occupations Code, or is traveling to or from the
person's place of assignment and is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying [the officer's weapon in] a concealed handgun
or an unconcealed handgun, as defined by Section 411.171,
Government Code [manner];
(6) is carrying a [concealed] handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a [concealed] handgun of the same category as the handgun the
person is carrying, unless the person is a person described by
Section 46.02(a-1)(2);
(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 45. 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 46. 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 47. This Act takes effect September 1, 2013.