83R10392 ADM-D
By: Bell H.B. No. 3142
A BILL TO BE ENTITLED
AN ACT
relating to handguns used to demonstrate proficiency in handgun use
for purposes of obtaining a concealed handgun license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a permit who is not otherwise required to
display a sign under Section 411.204, Government Code, shall
display in a prominent place on the permit holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a concealed handgun [of the same
category] the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun [of the same
category] the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.
SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a license who is not otherwise required
to display a sign under Section 411.204, Government Code, shall
display in a prominent place on the license holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a concealed handgun [of the same
category] the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun [of the same
category] the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.
SECTION 5. Section 411.177(a), Government Code, is amended
to read as follows:
(a) The department shall issue a license to carry a
concealed handgun to an applicant if the applicant meets all the
eligibility requirements and submits all the application
materials. [The department may issue a license to carry handguns
only of the categories for which the applicant has demonstrated
proficiency in the form and manner required by the department.] The
department shall administer the licensing procedures in good faith
so that any applicant who meets all the eligibility requirements
and submits all the application materials shall receive a license.
The department may not deny an application on the basis of a
capricious or arbitrary decision by the department.
SECTION 6. Section 411.179(a), Government Code, is amended
to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) [a statement of the category or categories of
handguns the license holder may carry as provided by Subsection
(b);
[(4)] a color photograph of the license holder;
(4) [(5)] the license holder's full name, date of
birth, hair and eye color, height, weight, and signature;
(5) [(6)] the license holder's residence address or,
as provided by Subsection (d), the street address of the courthouse
in which the license holder or license holder's spouse serves as a
federal judge or the license holder serves as a state judge; and
(6) [(7)] the number of a driver's license or an
identification certificate issued to the license holder by the
department.
SECTION 7. Section 411.187(a), Government Code, is amended
to read as follows:
(a) The department shall suspend a license under this
section if the license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment;
(2) fails to notify the department of a change of
address, name, or status as required by Section 411.181;
(3) [carries a concealed handgun under the authority
of this subchapter of a different category than the license holder
is licensed to carry;
[(4) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
[(5)] commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(4) [(6)] is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
SECTION 8. Sections 411.188(a) and (d), Government Code,
are amended to read as follows:
(a) The director by rule shall establish minimum standards
for handgun proficiency and shall develop a course to teach handgun
proficiency and examinations to measure handgun proficiency. The
course to teach handgun proficiency must contain training sessions
divided into two parts. One part of the course must be classroom
instruction and the other part must be range instruction and an
actual demonstration by the applicant of the applicant's ability to
safely and proficiently use a [the applicable category of] handgun.
An applicant must be able to demonstrate, at a minimum, the degree
of proficiency that is required to effectively operate a handgun of
.32 caliber or above. The department shall distribute the
standards, course requirements, and examinations on request to any
qualified handgun instructor.
(d) Only a qualified handgun instructor may administer the
proficiency examination to obtain or to renew a license. The
proficiency examination must include:
(1) a written section on the subjects listed in
Subsection (b); and
(2) a physical demonstration of proficiency in the use
of one or more handguns [of specific categories] and in handgun
safety procedures.
SECTION 9. Section 411.1882(a), Government Code, is amended
to read as follows:
(a) A person who is serving in this state as a judge or
justice of a federal court, as an active judicial officer, as
defined by Section 411.201, or as a district attorney, assistant
district attorney, criminal district attorney, assistant criminal
district attorney, county attorney, or assistant county attorney
may establish handgun proficiency for the purposes of this
subchapter by obtaining from a handgun proficiency instructor
approved by the Commission on Law Enforcement Officer Standards and
Education for purposes of Section 1702.1675, Occupations Code, a
sworn statement that[:
[(1)] indicates that the person, during the 12-month
period preceding the date of the person's application to the
department, demonstrated to the instructor proficiency in the use
of handguns[; and
[(2) designates the categories of handguns with
respect to which the person demonstrated proficiency].
SECTION 10. Section 411.199(e), Government Code, is amended
to read as follows:
(e) A retired peace officer who obtains a license under this
subchapter must maintain[, for the category of weapon licensed,]
the proficiency required for a peace officer under Section
1701.355, Occupations Code. The department or a local law
enforcement agency shall allow a retired peace officer of the
department or agency an opportunity to annually demonstrate the
required proficiency. The proficiency shall be reported to the
department on application and renewal.
SECTION 11. Sections 62.082(d) and (e), Parks and Wildlife
Code, are amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of
Criminal Procedure; or
(4) a person who:
(A) possesses a concealed handgun and a license
issued under Subchapter H, Chapter 411, Government Code, to carry a
concealed handgun [of the same category as a handgun the person is
carrying]; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun [of the same category as a handgun] the person is
licensed to carry under Subchapter H, Chapter 411, Government Code.
(e) A state agency, including the department, the
Department of Public Safety, and the Lower Colorado River
Authority, may not adopt a rule that prohibits a person who
possesses a license issued under Subchapter H, Chapter 411,
Government Code, from entering or crossing the land of the Lower
Colorado River Authority while:
(1) possessing a concealed handgun [of the same
category as a handgun the person is licensed to carry]; or
(2) under circumstances in which the person would be
justified in the use of deadly force under Chapter 9, Penal Code,
shooting a handgun [of the same category as a handgun the person is
licensed to carry].
SECTION 12. Section 30.05(f), Penal Code, is amended to
read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun [of the same category the person was
carrying].
SECTION 13. Section 46.15(b), Penal Code, is amended to
read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned under
Chapter 1702, Occupations Code, or is traveling to or from the
person's place of assignment and is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun [of the same category as the handgun the
person is carrying];
(7) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(8) is a student in a law enforcement class engaging in
an activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
SECTION 14. The following provisions of the Government Code
are repealed:
(1) Section 411.171(1);
(2) Section 411.179(b);
(3) Section 411.184; and
(4) Sections 411.188(e) and (h).
SECTION 15. (a) The change in law made by this Act to
Subchapter H, Chapter 411, Government Code, applies only to a
license issued or renewed under that subchapter on or after the
effective date of this Act.
(b) The changes in law made by this Act to the Alcoholic
Beverage Code, Parks and Wildlife Code, and Penal Code, apply only
to civil or criminal proceedings involving the carrying of a
handgun on or after the effective date of this Act by a person
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code, as amended by this Act.
SECTION 16. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.