Texas 2015 - 84th Regular

Texas House Bill HB106 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R240 JSC-D
2	2	By: Flynn H.B. No. 106
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a person who is licensed to carry a
8	8	handgun to openly carry the handgun; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(a) Each holder of a permit who is not otherwise required to
13	13	display a sign under Section 411.204, Government Code, shall
14	14	display in a prominent place on the permit holder's premises a sign
15	15	giving notice that it is unlawful for a person to carry a weapon on
16	16	the premises unless the weapon is a concealed or unconcealed
17	17	handgun the person is licensed to carry under Subchapter H, Chapter
18	18	411, Government Code.
19	19	SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
20	20	amended to read as follows:
21	21	(e) Except as provided by Subsection (f) or (i), the
22	22	commission or administrator shall cancel an original or renewal
23	23	permit if it is found, after notice and hearing, that the permittee
24	24	knowingly allowed a person to possess a firearm in a building on the
25	25	licensed premises. This subsection does not apply to a person:
26	26	(1) who holds a security officer commission issued
27	27	under Chapter 1702, Occupations Code, if:
28	28	(A) the person is engaged in the performance of
29	29	the person's duties as a security officer;
30	30	(B) the person is wearing a distinctive uniform;
31	31	and
32	32	(C) the weapon is in plain view;
33	33	(2) who is a peace officer;
34	34	(3) who is a permittee or an employee of a permittee if
35	35	the person is supervising the operation of the premises; or
36	36	(4) who possesses a [concealed] handgun the person is
37	37	licensed to carry under Subchapter H, Chapter 411, Government Code,
38	38	regardless of whether the handgun is carried in a concealed or
39	39	unconcealed manner, unless the person is on the premises of a
40	40	business described by Section 46.035(b)(1), Penal Code.
41	41	SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is
42	42	amended to read as follows:
43	43	(a) Each holder of a license who is not otherwise required
44	44	to display a sign under Section 411.204, Government Code, shall
45	45	display in a prominent place on the license holder's premises a sign
46	46	giving notice that it is unlawful for a person to carry a weapon on
47	47	the premises unless the weapon is a concealed or unconcealed
48	48	handgun the person is licensed to carry under Subchapter H, Chapter
49	49	411, Government Code.
50	50	SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
51	51	amended to read as follows:
52	52	(f) Except as provided by Subsection (g) or (j), the
53	53	commission or administrator shall cancel an original or renewal
54	54	dealer's on-premises or off-premises license if it is found, after
55	55	notice and hearing, that the licensee knowingly allowed a person to
56	56	possess a firearm in a building on the licensed premises. This
57	57	subsection does not apply to a person:
58	58	(1) who holds a security officer commission issued
59	59	under Chapter 1702, Occupations Code, if:
60	60	(A) the person is engaged in the performance of
61	61	the person's duties as a security officer;
62	62	(B) the person is wearing a distinctive uniform;
63	63	and
64	64	(C) the weapon is in plain view;
65	65	(2) who is a peace officer;
66	66	(3) who is a licensee or an employee of a licensee if
67	67	the person is supervising the operation of the premises; or
68	68	(4) who possesses a [concealed] handgun the person is
69	69	licensed to carry under Subchapter H, Chapter 411, Government Code,
70	70	regardless of whether the handgun is carried in a concealed or
71	71	unconcealed manner, unless the person is on the premises of a
72	72	business described by Section 46.035(b)(1), Penal Code.
73	73	SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is
74	74	amended to read as follows:
75	75	(c) In a protective order, the court may suspend a license
76	76	to carry a concealed or unconcealed handgun issued under Section
77	77	411.177, Government Code, that is held by the alleged offender.
78	78	SECTION 6. Article 17.292(l), Code of Criminal Procedure,
79	79	is amended to read as follows:
80	80	(l) In the order for emergency protection, the magistrate
81	81	shall suspend a license to carry a concealed or unconcealed handgun
82	82	issued under Subchapter H, Chapter 411, Government Code, that is
83	83	held by the defendant.
84	84	SECTION 7. Article 17.293, Code of Criminal Procedure, is
85	85	amended to read as follows:
86	86	Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
87	87	OTHER PERSONS. The magistrate or the clerk of the magistrate's
88	88	court issuing an order for emergency protection under Article
89	89	17.292 that suspends a license to carry a concealed or unconcealed
90	90	handgun shall immediately send a copy of the order to the
91	91	appropriate division of the Department of Public Safety at its
92	92	Austin headquarters. On receipt of the order suspending the
93	93	license, the department shall:
94	94	(1) record the suspension of the license in the
95	95	records of the department;
96	96	(2) report the suspension to local law enforcement
97	97	agencies, as appropriate; and
98	98	(3) demand surrender of the suspended license from the
99	99	license holder.
100	100	SECTION 8. Sections 37.0811(d) and (f), Education Code, are
101	101	amended to read as follows:
102	102	(d) Any written regulations adopted for purposes of
103	103	Subsection (c) must provide that a school marshal may carry a
104	104	concealed or unconcealed handgun as described by Subsection (c),
105	105	except that if the primary duty of the school marshal involves
106	106	regular, direct contact with students, the marshal may not carry a
107	107	concealed or unconcealed handgun but may possess a handgun on the
108	108	physical premises of a school in a locked and secured safe within
109	109	the marshal's immediate reach when conducting the marshal's primary
110	110	duty. The written regulations must also require that a handgun
111	111	carried by or within access of a school marshal may be loaded only
112	112	with frangible ammunition designed to disintegrate on impact for
113	113	maximum safety and minimal danger to others.
114	114	(f) A school district or charter school employee's status as
115	115	a school marshal becomes inactive on:
116	116	(1) expiration of the employee's school marshal
117	117	license under Section 1701.260, Occupations Code;
118	118	(2) suspension or revocation of the employee's license
119	119	to carry a concealed or unconcealed handgun issued under Subchapter
120	120	H, Chapter 411, Government Code;
121	121	(3) termination of the employee's employment with the
122	122	district or charter school; or
123	123	(4) notice from the board of trustees of the district
124	124	or the governing body of the charter school that the employee's
125	125	services as school marshal are no longer required.
126	126	SECTION 9. Section 63.0101, Election Code, is amended to
127	127	read as follows:
128	128	Sec. 63.0101. DOCUMENTATION OF PROOF OF
129	129	IDENTIFICATION. The following documentation is an acceptable form
130	130	of photo identification under this chapter:
131	131	(1) a driver's license, election identification
132	132	certificate, or personal identification card issued to the person
133	133	by the Department of Public Safety that has not expired or that
134	134	expired no earlier than 60 days before the date of presentation;
135	135	(2) a United States military identification card that
136	136	contains the person's photograph that has not expired or that
137	137	expired no earlier than 60 days before the date of presentation;
138	138	(3) a United States citizenship certificate issued to
139	139	the person that contains the person's photograph;
140	140	(4) a United States passport issued to the person that
141	141	has not expired or that expired no earlier than 60 days before the
142	142	date of presentation; or
143	143	(5) a license to carry a concealed or unconcealed
144	144	handgun issued to the person by the Department of Public Safety that
145	145	has not expired or that expired no earlier than 60 days before the
146	146	date of presentation.
147	147	SECTION 10. Section 2.005(b), Family Code, is amended to
148	148	read as follows:
149	149	(b) The proof must be established by:
150	150	(1) a driver's license or identification card issued
151	151	by this state, another state, or a Canadian province that is current
152	152	or has expired not more than two years preceding the date the
153	153	identification is submitted to the county clerk in connection with
154	154	an application for a license;
155	155	(2) a United States passport;
156	156	(3) a current passport issued by a foreign country or a
157	157	consular document issued by a state or national government;
158	158	(4) an unexpired Certificate of United States
159	159	Citizenship, Certificate of Naturalization, United States Citizen
160	160	Identification Card, Permanent Resident Card, Temporary Resident
161	161	Card, Employment Authorization Card, or other document issued by
162	162	the federal Department of Homeland Security or the United States
163	163	Department of State including an identification photograph;
164	164	(5) an unexpired military identification card for
165	165	active duty, reserve, or retired personnel with an identification
166	166	photograph;
167	167	(6) an original or certified copy of a birth
168	168	certificate issued by a bureau of vital statistics for a state or a
169	169	foreign government;
170	170	(7) an original or certified copy of a Consular Report
171	171	of Birth Abroad or Certificate of Birth Abroad issued by the United
172	172	States Department of State;
173	173	(8) an original or certified copy of a court order
174	174	relating to the applicant's name change or sex change;
175	175	(9) school records from a secondary school or
176	176	institution of higher education;
177	177	(10) an insurance policy continuously valid for the
178	178	two years preceding the date of the application for a license;
179	179	(11) a motor vehicle certificate of title;
180	180	(12) military records, including documentation of
181	181	release or discharge from active duty or a draft record;
182	182	(13) an unexpired military dependent identification
183	183	card;
184	184	(14) an original or certified copy of the applicant's
185	185	marriage license or divorce decree;
186	186	(15) a voter registration certificate;
187	187	(16) a pilot's license issued by the Federal Aviation
188	188	Administration or another authorized agency of the United States;
189	189	(17) a license to carry a concealed or unconcealed
190	190	handgun under Subchapter H, Chapter 411, Government Code;
191	191	(18) a temporary driving permit or a temporary
192	192	identification card issued by the Department of Public Safety; or
193	193	(19) an offender identification card issued by the
194	194	Texas Department of Criminal Justice.
195	195	SECTION 11. Section 58.003(m), Family Code, is amended to
196	196	read as follows:
197	197	(m) On request of the Department of Public Safety, a
198	198	juvenile court shall reopen and allow the department to inspect the
199	199	files and records of the juvenile court relating to an applicant for
200	200	a license to carry a concealed or unconcealed handgun under
201	201	Subchapter H, Chapter 411, Government Code.
202	202	SECTION 12. Section 85.022(d), Family Code, is amended to
203	203	read as follows:
204	204	(d) In a protective order, the court shall suspend a license
205	205	to carry a concealed or unconcealed handgun issued under Subchapter
206	206	H, Chapter 411, Government Code, that is held by a person found to
207	207	have committed family violence.
208	208	SECTION 13. Section 85.042(e), Family Code, is amended to
209	209	read as follows:
210	210	(e) The clerk of the court issuing an original or modified
211	211	protective order under Section 85.022 that suspends a license to
212	212	carry a concealed or unconcealed handgun shall send a copy of the
213	213	order to the appropriate division of the Department of Public
214	214	Safety at its Austin headquarters. On receipt of the order
215	215	suspending the license, the department shall:
216	216	(1) record the suspension of the license in the
217	217	records of the department;
218	218	(2) report the suspension to local law enforcement
219	219	agencies, as appropriate; and
220	220	(3) demand surrender of the suspended license from the
221	221	license holder.
222	222	SECTION 14. The heading to Section 411.047, Government
223	223	Code, is amended to read as follows:
224	224	Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED]
225	225	HANDGUN INCIDENTS.
226	226	SECTION 15. Section 411.0625, Government Code, is amended
227	227	to read as follows:
228	228	Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a)
229	229	The department shall allow a person to enter the Capitol and the
230	230	Capitol Extension, including any public space in the Capitol or
231	231	Capitol Extension, in the same manner as the department allows
232	232	entry to a person who presents a concealed or unconcealed handgun
233	233	license under Subchapter H if the person:
234	234	(1) obtains from the department a Capitol access pass;
235	235	and
236	236	(2) presents the pass to the appropriate law
237	237	enforcement official when entering the building or a space within
238	238	the building.
239	239	(b) To be eligible for a Capitol access pass, a person must
240	240	meet the eligibility requirements applicable to a license to carry
241	241	a concealed or unconcealed handgun under Subchapter H, other than
242	242	requirements regarding evidence of handgun proficiency.
243	243	(c) The department shall adopt rules to establish a
244	244	procedure by which a resident of the state may apply for and be
245	245	issued a Capitol access pass. Rules adopted under this section
246	246	must include provisions for eligibility, application, approval,
247	247	issuance, and renewal that:
248	248	(1) require the department to conduct the same
249	249	background check on an applicant for a Capitol access pass that is
250	250	conducted on an applicant for a concealed or unconcealed handgun
251	251	license under Subchapter H;
252	252	(2) enable the department to conduct the background
253	253	check described by Subdivision (1); and
254	254	(3) establish application and renewal fees in amounts
255	255	sufficient to cover the cost of administering this section, not to
256	256	exceed the amounts of similar fees required for a concealed or
257	257	unconcealed handgun license under Section 411.174.
258	258	SECTION 16. The heading to Subchapter H, Chapter 411,
259	259	Government Code, is amended to read as follows:
260	260	SUBCHAPTER H. LICENSE TO CARRY A CONCEALED
261	261	OR UNCONCEALED HANDGUN
262	262	SECTION 17. Section 411.171, Government Code, is amended by
263	263	adding Subdivision (8) to read as follows:
264	264	(8) "Unconcealed handgun" means a loaded or unloaded
265	265	handgun carried upon the person in a shoulder or belt holster with
266	266	at least dual points of resistance that is wholly or partially
267	267	visible.
268	268	SECTION 18. Sections 411.172(a), (b-1), (g), and (h),
269	269	Government Code, are amended to read as follows:
270	270	(a) A person is eligible for a license to carry a concealed
271	271	or unconcealed handgun if the person:
272	272	(1) is a legal resident of this state for the six-month
273	273	period preceding the date of application under this subchapter or
274	274	is otherwise eligible for a license under Section 411.173(a);
275	275	(2) is at least 21 years of age;
276	276	(3) has not been convicted of a felony;
277	277	(4) is not charged with the commission of a Class A or
278	278	Class B misdemeanor or equivalent offense, or of an offense under
279	279	Section 42.01, Penal Code, or equivalent offense, or of a felony
280	280	under an information or indictment;
281	281	(5) is not a fugitive from justice for a felony or a
282	282	Class A or Class B misdemeanor or equivalent offense;
283	283	(6) is not a chemically dependent person;
284	284	(7) is not incapable of exercising sound judgment with
285	285	respect to the proper use and storage of a handgun;
286	286	(8) has not, in the five years preceding the date of
287	287	application, been convicted of a Class A or Class B misdemeanor or
288	288	equivalent offense or of an offense under Section 42.01, Penal
289	289	Code, or equivalent offense;
290	290	(9) is fully qualified under applicable federal and
291	291	state law to purchase a handgun;
292	292	(10) has not been finally determined to be delinquent
293	293	in making a child support payment administered or collected by the
294	294	attorney general;
295	295	(11) has not been finally determined to be delinquent
296	296	in the payment of a tax or other money collected by the comptroller,
297	297	the tax collector of a political subdivision of the state, or any
298	298	agency or subdivision of the state;
299	299	(12) is not currently restricted under a court
300	300	protective order or subject to a restraining order affecting the
301	301	spousal relationship, other than a restraining order solely
302	302	affecting property interests;
303	303	(13) has not, in the 10 years preceding the date of
304	304	application, been adjudicated as having engaged in delinquent
305	305	conduct violating a penal law of the grade of felony; and
306	306	(14) has not made any material misrepresentation, or
307	307	failed to disclose any material fact, in an application submitted
308	308	pursuant to Section 411.174.
309	309	(b-1) An offense is not considered a felony for purposes of
310	310	Subsection (b) if, at the time of a person's application for a
311	311	license to carry a concealed or unconcealed handgun, the offense:
312	312	(1) is not designated by a law of this state as a
313	313	felony; and
314	314	(2) does not contain all the elements of any offense
315	315	designated by a law of this state as a felony.
316	316	(g) Notwithstanding Subsection (a)(2), a person who is at
317	317	least 18 years of age but not yet 21 years of age is eligible for a
318	318	license to carry a concealed or unconcealed handgun if the person:
319	319	(1) is a member or veteran of the United States armed
320	320	forces, including a member or veteran of the reserves or national
321	321	guard;
322	322	(2) was discharged under honorable conditions, if
323	323	discharged from the United States armed forces, reserves, or
324	324	national guard; and
325	325	(3) meets the other eligibility requirements of
326	326	Subsection (a) except for the minimum age required by federal law to
327	327	purchase a handgun.
328	328	(h) The issuance of a license to carry a concealed or
329	329	unconcealed handgun to a person eligible under Subsection (g) does
330	330	not affect the person's ability to purchase a handgun or ammunition
331	331	under federal law.
332	332	SECTION 19. Section 411.173(b), Government Code, is amended
333	333	to read as follows:
334	334	(b) The governor shall negotiate an agreement with any other
335	335	state that provides for the issuance of a license to carry a
336	336	concealed or unconcealed handgun under which a license issued by
337	337	the other state is recognized in this state or shall issue a
338	338	proclamation that a license issued by the other state is recognized
339	339	in this state if the attorney general of the State of Texas
340	340	determines that a background check of each applicant for a license
341	341	issued by that state is initiated by state or local authorities or
342	342	an agent of the state or local authorities before the license is
343	343	issued. For purposes of this subsection, "background check" means
344	344	a search of the National Crime Information Center database and the
345	345	Interstate Identification Index maintained by the Federal Bureau of
346	346	Investigation.
347	347	SECTION 20. Section 411.174(a), Government Code, is amended
348	348	to read as follows:
349	349	(a) An applicant for a license to carry a concealed or
350	350	unconcealed handgun must submit to the director's designee
351	351	described by Section 411.176:
352	352	(1) a completed application on a form provided by the
353	353	department that requires only the information listed in Subsection
354	354	(b);
355	355	(2) one or more photographs of the applicant that meet
356	356	the requirements of the department;
357	357	(3) a certified copy of the applicant's birth
358	358	certificate or certified proof of age;
359	359	(4) proof of residency in this state;
360	360	(5) two complete sets of legible and classifiable
361	361	fingerprints of the applicant taken by a person appropriately
362	362	trained in recording fingerprints who is employed by a law
363	363	enforcement agency or by a private entity designated by a law
364	364	enforcement agency as an entity qualified to take fingerprints of
365	365	an applicant for a license under this subchapter;
366	366	(6) a nonrefundable application and license fee of
367	367	$140 paid to the department;
368	368	(7) evidence of handgun proficiency, in the form and
369	369	manner required by the department;
370	370	(8) an affidavit signed by the applicant stating that
371	371	the applicant:
372	372	(A) has read and understands each provision of
373	373	this subchapter that creates an offense under the laws of this state
374	374	and each provision of the laws of this state related to use of
375	375	deadly force; and
376	376	(B) fulfills all the eligibility requirements
377	377	listed under Section 411.172; and
378	378	(9) a form executed by the applicant that authorizes
379	379	the director to make an inquiry into any noncriminal history
380	380	records that are necessary to determine the applicant's eligibility
381	381	for a license under Section 411.172(a).
382	382	SECTION 21. Section 411.177(a), Government Code, is amended
383	383	to read as follows:
384	384	(a) The department shall issue a license to carry a
385	385	concealed or unconcealed handgun to an applicant if the applicant
386	386	meets all the eligibility requirements and submits all the
387	387	application materials. The department shall administer the
388	388	licensing procedures in good faith so that any applicant who meets
389	389	all the eligibility requirements and submits all the application
390	390	materials shall receive a license. The department may not deny an
391	391	application on the basis of a capricious or arbitrary decision by
392	392	the department.
393	393	SECTION 22. Section 411.185(c), Government Code, is amended
394	394	to read as follows:
395	395	(c) The director by rule shall adopt an informational form
396	396	that describes state law regarding the use of deadly force and the
397	397	places where it is unlawful for the holder of a license issued under
398	398	this subchapter to carry a concealed or unconcealed handgun. An
399	399	applicant for a renewed license must sign and return the
400	400	informational form to the department by mail or acknowledge the
401	401	form electronically on the Internet according to the procedure
402	402	adopted under Subsection (f).
403	403	SECTION 23. Section 411.188(g), Government Code, is amended
404	404	to read as follows:
405	405	(g) A person who wishes to obtain a license to carry a
406	406	concealed or unconcealed handgun must apply in person to a
407	407	qualified handgun instructor to take the appropriate course in
408	408	handgun proficiency and demonstrate handgun proficiency as
409	409	required by the department.
410	410	SECTION 24. Sections 411.190(c) and (f), Government Code,
411	411	are amended to read as follows:
412	412	(c) In the manner applicable to a person who applies for a
413	413	license to carry a concealed or unconcealed handgun, the department
414	414	shall conduct a background check of a person who applies for
415	415	certification as a qualified handgun instructor. If the background
416	416	check indicates that the applicant for certification would not
417	417	qualify to receive a handgun license, the department may not
418	418	certify the applicant as a qualified handgun instructor. If the
419	419	background check indicates that the applicant for certification
420	420	would qualify to receive a handgun license, the department shall
421	421	provide handgun instructor training to the applicant. The
422	422	applicant shall pay a fee of $100 to the department for the
423	423	training. The applicant must take and successfully complete the
424	424	training offered by the department and pay the training fee before
425	425	the department may certify the applicant as a qualified handgun
426	426	instructor. The department shall issue a license to carry a
427	427	concealed or unconcealed handgun under the authority of this
428	428	subchapter to any person who is certified as a qualified handgun
429	429	instructor and who pays to the department a fee of $100 in addition
430	430	to the training fee. The department by rule may prorate or waive
431	431	the training fee for an employee of another governmental entity.
432	432	(f) If the department determines that a reason exists to
433	433	revoke, suspend, or deny a license to carry a concealed or
434	434	unconcealed handgun with respect to a person who is a qualified
435	435	handgun instructor or an applicant for certification as a qualified
436	436	handgun instructor, the department shall take that action against
437	437	the person's:
438	438	(1) license to carry a concealed or unconcealed
439	439	handgun if the person is an applicant for or the holder of a license
440	440	issued under this subchapter; and
441	441	(2) certification as a qualified handgun instructor.
442	442	SECTION 25. Section 411.1901(c), Government Code, is
443	443	amended to read as follows:
444	444	(c) A qualified handgun instructor certified in school
445	445	safety under this section may provide school safety training,
446	446	including instruction in the subjects listed under Subsection (a),
447	447	to employees of a school district or an open-enrollment charter
448	448	school who hold a license to carry a concealed or unconcealed
449	449	handgun issued under this subchapter.
450	450	SECTION 26. Section 411.198(a), Government Code, is amended
451	451	to read as follows:
452	452	(a) On written approval of the director, the department may
453	453	issue to a law enforcement officer an alias license to carry a
454	454	concealed or unconcealed handgun to be used in supervised
455	455	activities involving criminal investigations.
456	456	SECTION 27. Sections 411.201(c), (d), (e), and (h),
457	457	Government Code, are amended to read as follows:
458	458	(c) An active judicial officer is eligible for a license to
459	459	carry a concealed or unconcealed handgun under the authority of
460	460	this subchapter. A retired judicial officer is eligible for a
461	461	license to carry a concealed or unconcealed handgun under the
462	462	authority of this subchapter if the officer:
463	463	(1) has not been convicted of a felony;
464	464	(2) has not, in the five years preceding the date of
465	465	application, been convicted of a Class A or Class B misdemeanor or
466	466	equivalent offense;
467	467	(3) is not charged with the commission of a Class A or
468	468	Class B misdemeanor or equivalent offense or of a felony under an
469	469	information or indictment;
470	470	(4) is not a chemically dependent person; and
471	471	(5) is not a person of unsound mind.
472	472	(d) An applicant for a license who is an active or retired
473	473	judicial officer must submit to the department:
474	474	(1) a completed application, including all required
475	475	affidavits, on a form prescribed by the department;
476	476	(2) one or more photographs of the applicant that meet
477	477	the requirements of the department;
478	478	(3) two complete sets of legible and classifiable
479	479	fingerprints of the applicant, including one set taken by a person
480	480	employed by a law enforcement agency who is appropriately trained
481	481	in recording fingerprints;
482	482	(4) evidence of handgun proficiency, in the form and
483	483	manner required by the department for an applicant under this
484	484	section;
485	485	(5) a nonrefundable application and license fee set by
486	486	the department in an amount reasonably designed to cover the
487	487	administrative costs associated with issuance of a license to carry
488	488	a concealed or unconcealed handgun under this subchapter; and
489	489	(6) if the applicant is a retired judicial officer, a
490	490	form executed by the applicant that authorizes the department to
491	491	make an inquiry into any noncriminal history records that are
492	492	necessary to determine the applicant's eligibility for a license
493	493	under this subchapter.
494	494	(e) On receipt of all the application materials required by
495	495	this section, the department shall:
496	496	(1) if the applicant is an active judicial officer,
497	497	issue a license to carry a concealed or unconcealed handgun under
498	498	the authority of this subchapter; or
499	499	(2) if the applicant is a retired judicial officer,
500	500	conduct an appropriate background investigation to determine the
501	501	applicant's eligibility for the license and, if the applicant is
502	502	eligible, issue a license to carry a concealed or unconcealed
503	503	handgun under the authority of this subchapter.
504	504	(h) The department shall issue a license to carry a
505	505	concealed or unconcealed handgun under the authority of this
506	506	subchapter to an elected attorney representing the state in the
507	507	prosecution of felony cases who meets the requirements of this
508	508	section for an active judicial officer. The department shall waive
509	509	any fee required for the issuance of an original, duplicate, or
510	510	renewed license under this subchapter for an applicant who is an
511	511	attorney elected or employed to represent the state in the
512	512	prosecution of felony cases.
513	513	SECTION 28. Section 411.203, Government Code, is amended to
514	514	read as follows:
515	515	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
516	516	not prevent or otherwise limit the right of a public or private
517	517	employer to prohibit persons who are licensed under this subchapter
518	518	from carrying a concealed handgun or an unconcealed handgun on the
519	519	premises of the business. In this section, "premises" has the
520	520	meaning assigned by Section 46.035(f)(3), Penal Code.
521	521	SECTION 29. Section 411.2032(b), Government Code, is
522	522	amended to read as follows:
523	523	(b) An institution of higher education or private or
524	524	independent institution of higher education in this state may not
525	525	adopt or enforce any rule, regulation, or other provision or take
526	526	any other action, including posting notice under Section 30.06,
527	527	Penal Code, prohibiting or placing restrictions on the storage or
528	528	transportation of a firearm or ammunition in a locked, privately
529	529	owned or leased motor vehicle by a person, including a student
530	530	enrolled at that institution, who holds a license to carry a
531	531	concealed or unconcealed handgun under this subchapter and lawfully
532	532	possesses the firearm or ammunition:
533	533	(1) on a street or driveway located on the campus of
534	534	the institution; or
535	535	(2) in a parking lot, parking garage, or other parking
536	536	area located on the campus of the institution.
537	537	SECTION 30. Section 12.092(b), Health and Safety Code, is
538	538	amended to read as follows:
539	539	(b) The medical advisory board shall assist the Department
540	540	of Public Safety of the State of Texas in determining whether:
541	541	(1) an applicant for a driver's license or a license
542	542	holder is capable of safely operating a motor vehicle; or
543	543	(2) an applicant for or holder of a license to carry a
544	544	concealed or unconcealed handgun under the authority of Subchapter
545	545	H, Chapter 411, Government Code, or an applicant for or holder of a
546	546	commission as a security officer under Chapter 1702, Occupations
547	547	Code, is capable of exercising sound judgment with respect to the
548	548	proper use and storage of a handgun.
549	549	SECTION 31. Sections 52.061 and 52.062, Labor Code, are
550	550	amended to read as follows:
551	551	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
552	552	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
553	553	may not prohibit an employee who holds a license to carry a
554	554	concealed or unconcealed handgun under Subchapter H, Chapter 411,
555	555	Government Code, who otherwise lawfully possesses a firearm, or who
556	556	lawfully possesses ammunition from transporting or storing a
557	557	firearm or ammunition the employee is authorized by law to possess
558	558	in a locked, privately owned motor vehicle in a parking lot, parking
559	559	garage, or other parking area the employer provides for employees.
560	560	Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
561	561	(1) authorize a person who holds a license to carry a
562	562	concealed or unconcealed handgun under Subchapter H, Chapter 411,
563	563	Government Code, who otherwise lawfully possesses a firearm, or who
564	564	lawfully possesses ammunition to possess a firearm or ammunition on
565	565	any property where the possession of a firearm or ammunition is
566	566	prohibited by state or federal law; or
567	567	(2) apply to:
568	568	(A) a vehicle owned or leased by a public or
569	569	private employer and used by an employee in the course and scope of
570	570	the employee's employment, unless the employee is required to
571	571	transport or store a firearm in the official discharge of the
572	572	employee's duties;
573	573	(B) a school district;
574	574	(C) an open-enrollment charter school, as
575	575	defined by Section 5.001, Education Code;
576	576	(D) a private school, as defined by Section
577	577	22.081, Education Code;
578	578	(E) property owned or controlled by a person,
579	579	other than the employer, that is subject to a valid, unexpired oil,
580	580	gas, or other mineral lease that contains a provision prohibiting
581	581	the possession of firearms on the property; or
582	582	(F) property owned or leased by a chemical
583	583	manufacturer or oil and gas refiner with an air authorization under
584	584	Chapter 382, Health and Safety Code, and on which the primary
585	585	business conducted is the manufacture, use, storage, or
586	586	transportation of hazardous, combustible, or explosive materials,
587	587	except in regard to an employee who holds a license to carry a
588	588	concealed or unconcealed handgun under Subchapter H, Chapter 411,
589	589	Government Code, and who stores a firearm or ammunition the
590	590	employee is authorized by law to possess in a locked, privately
591	591	owned motor vehicle in a parking lot, parking garage, or other
592	592	parking area the employer provides for employees that is outside of
593	593	a secured and restricted area:
594	594	(i) that contains the physical plant;
595	595	(ii) that is not open to the public; and
596	596	(iii) the ingress into which is constantly
597	597	monitored by security personnel.
598	598	(b) Section 52.061 does not prohibit an employer from
599	599	prohibiting an employee who holds a license to carry a concealed or
600	600	unconcealed handgun under Subchapter H, Chapter 411, Government
601	601	Code, or who otherwise lawfully possesses a firearm, from
602	602	possessing a firearm the employee is otherwise authorized by law to
603	603	possess on the premises of the employer's business. In this
604	604	subsection, "premises" has the meaning assigned by Section
605	605	46.035(f)(3), Penal Code.
606	606	SECTION 32. (a) Section 118.011(b), Local Government Code,
607	607	as effective until September 1, 2019, is amended to read as follows:
608	608	(b) The county clerk may set and collect the following fee
609	609	from any person:
610	610	(1) Returned Check (Sec. 118.0215) . . . . . . not
611	611	less than $15 or more than $30
612	612	(2) Records Management and Preservation Fee (Sec.
613	613	118.0216) . . . . . . . . . . . . . . . . . . . . not more than
614	614	$10
615	615	(3) Mental Health Background Check for License to
616	616	Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217)
617	617	. . . . . not more than $2
618	618	(b) This section takes effect September 1, 2015.
619	619	SECTION 33. (a) Section 118.011(b), Local Government Code,
620	620	as effective September 1, 2019, is amended to read as follows:
621	621	(b) The county clerk may set and collect the following fee
622	622	from any person:
623	623	(1) Returned Check (Sec. 118.0215) . . . . . . not
624	624	less than $15 or more than $30
625	625	(2) Records Management and Preservation Fee (Sec.
626	626	118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
627	627	than $5
628	628	(3) Mental Health Background Check for License to
629	629	Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217)
630	630	. . . . . not more than $2
631	631	(b) This section takes effect September 1, 2019.
632	632	SECTION 34. Section 118.0217(a), Local Government Code, is
633	633	amended to read as follows:
634	634	(a) The fee for a "mental health background check for
635	635	license to carry a concealed or unconcealed handgun [weapon]" is
636	636	for a check, conducted by the county clerk at the request of the
637	637	Texas Department of Public Safety, of the county records involving
638	638	the mental condition of a person who applies for a license to carry
639	639	a concealed or unconcealed handgun under Subchapter H, Chapter 411,
640	640	Government Code. The fee, not to exceed $2, will be paid from the
641	641	application fee submitted to the Department of Public Safety
642	642	according to Section 411.174(a)(6), Government Code.
643	643	SECTION 35. Section 229.001(b), Local Government Code, is
644	644	amended to read as follows:
645	645	(b) Subsection (a) does not affect the authority a
646	646	municipality has under another law to:
647	647	(1) require residents or public employees to be armed
648	648	for personal or national defense, law enforcement, or another
649	649	lawful purpose;
650	650	(2) regulate the discharge of firearms or air guns
651	651	within the limits of the municipality, other than at a sport
652	652	shooting range;
653	653	(3) regulate the use of property, the location of a
654	654	business, or uses at a business under the municipality's fire code,
655	655	zoning ordinance, or land-use regulations as long as the code,
656	656	ordinance, or regulations are not used to circumvent the intent of
657	657	Subsection (a) or Subdivision (5) of this subsection;
658	658	(4) regulate the use of firearms or air guns in the
659	659	case of an insurrection, riot, or natural disaster if the
660	660	municipality finds the regulations necessary to protect public
661	661	health and safety;
662	662	(5) regulate the storage or transportation of
663	663	explosives to protect public health and safety, except that 25
664	664	pounds or less of black powder for each private residence and 50
665	665	pounds or less of black powder for each retail dealer are not
666	666	subject to regulation;
667	667	(6) regulate the carrying of a firearm or air gun by a
668	668	person other than a person licensed to carry a concealed or
669	669	unconcealed handgun under Subchapter H, Chapter 411, Government
670	670	Code, at a:
671	671	(A) public park;
672	672	(B) public meeting of a municipality, county, or
673	673	other governmental body;
674	674	(C) political rally, parade, or official
675	675	political meeting; or
676	676	(D) nonfirearms-related school, college, or
677	677	professional athletic event;
678	678	(7) regulate the hours of operation of a sport
679	679	shooting range, except that the hours of operation may not be more
680	680	limited than the least limited hours of operation of any other
681	681	business in the municipality other than a business permitted or
682	682	licensed to sell or serve alcoholic beverages for on-premises
683	683	consumption; or
684	684	(8) regulate the carrying of an air gun by a minor on:
685	685	(A) public property; or
686	686	(B) private property without consent of the
687	687	property owner.
688	688	SECTION 36. The heading to Section 1701.260, Occupations
689	689	Code, is amended to read as follows:
690	690	Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY
691	691	CONCEALED OR UNCONCEALED HANDGUN; CERTIFICATION OF ELIGIBILITY FOR
692	692	APPOINTMENT AS SCHOOL MARSHAL.
693	693	SECTION 37. Sections 1701.260(a) and (i), Occupations Code,
694	694	are amended to read as follows:
695	695	(a) The commission shall establish and maintain a training
696	696	program open to any employee of a school district or
697	697	open-enrollment charter school who holds a license to carry a
698	698	concealed or unconcealed handgun issued under Subchapter H, Chapter
699	699	411, Government Code. The training may be conducted only by the
700	700	commission staff or a provider approved by the commission.
701	701	(i) The commission shall revoke a person's school marshal
702	702	license if the commission is notified by the Department of Public
703	703	Safety that the person's license to carry a concealed or
704	704	unconcealed handgun issued under Subchapter H, Chapter 411,
705	705	Government Code, has been suspended or revoked. A person whose
706	706	school marshal license is revoked may obtain recertification by:
707	707	(1) furnishing proof to the commission that the
708	708	person's [concealed handgun] license to carry a concealed or
709	709	unconcealed handgun has been reinstated; and
710	710	(2) completing the initial training under Subsection
711	711	(c) to the satisfaction of the commission staff, paying the fee for
712	712	the training, and demonstrating psychological fitness on the
713	713	psychological examination described in Subsection (d).
714	714	SECTION 38. Sections 62.082(d) and (e), Parks and Wildlife
715	715	Code, are amended to read as follows:
716	716	(d) Section 62.081 does not apply to:
717	717	(1) an employee of the Lower Colorado River Authority;
718	718	(2) a person authorized to hunt under Subsection (c);
719	719	(3) a peace officer as defined by Article 2.12, Code of
720	720	Criminal Procedure; or
721	721	(4) a person who:
722	722	(A) possesses a [concealed] handgun, regardless
723	723	of whether the handgun is carried in a concealed or unconcealed
724	724	manner, and a license issued under Subchapter H, Chapter 411,
725	725	Government Code, to carry a concealed or unconcealed handgun; or
726	726	(B) under circumstances in which the person would
727	727	be justified in the use of deadly force under Chapter 9, Penal Code,
728	728	shoots a handgun the person is licensed to carry under Subchapter H,
729	729	Chapter 411, Government Code.
730	730	(e) A state agency, including the department, the
731	731	Department of Public Safety, and the Lower Colorado River
732	732	Authority, may not adopt a rule that prohibits a person who
733	733	possesses a license issued under Subchapter H, Chapter 411,
734	734	Government Code, from entering or crossing the land of the Lower
735	735	Colorado River Authority while:
736	736	(1) possessing a [concealed] handgun, regardless of
737	737	whether the handgun is carried in a concealed or unconcealed
738	738	manner; or
739	739	(2) under circumstances in which the person would be
740	740	justified in the use of deadly force under Chapter 9, Penal Code,
741	741	shooting a handgun.
742	742	SECTION 39. Section 284.001(e), Parks and Wildlife Code, is
743	743	amended to read as follows:
744	744	(e) This section does not limit the ability of a license
745	745	holder to carry a concealed or unconcealed handgun under the
746	746	authority of Subchapter H, Chapter 411, Government Code.
747	747	SECTION 40. Section 30.05(f), Penal Code, is amended to
748	748	read as follows:
749	749	(f) It is a defense to prosecution under this section that:
750	750	(1) the basis on which entry on the property or land or
751	751	in the building was forbidden is that entry with a handgun was
752	752	forbidden; and
753	753	(2) the person was carrying a [concealed] handgun,
754	754	regardless of whether the handgun was carried in a concealed or
755	755	unconcealed manner, and a license issued under Subchapter H,
756	756	Chapter 411, Government Code, to carry a concealed or unconcealed
757	757	handgun.
758	758	SECTION 41. The heading to Section 30.06, Penal Code, is
759	759	amended to read as follows:
760	760	Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
761	761	CONCEALED OR UNCONCEALED HANDGUN.
762	762	SECTION 42. Section 30.06, Penal Code, is amended by
763	763	amending Subsections (a), (b), and (c) and adding Subsections (a-1)
764	764	and (b-1) to read as follows:
765	765	(a) A license holder commits an offense if the license
766	766	holder:
767	767	(1) carries a handgun in a concealed manner under the
768	768	authority of Subchapter H, Chapter 411, Government Code, on
769	769	property of another without effective consent; and
770	770	(2) received notice that:
771	771	(A) entry on the property by a license holder
772	772	with a concealed handgun or with any handgun, regardless of whether
773	773	concealed or not, was forbidden; or
774	774	(B) remaining on the property with a concealed
775	775	handgun or with any handgun, regardless of whether concealed or
776	776	not, was forbidden and failed to depart.
777	777	(a-1) A license holder commits an offense if the license
778	778	holder:
779	779	(1) carries a handgun in an unconcealed manner under
780	780	the authority of Subchapter H, Chapter 411, Government Code, on
781	781	property of another without effective consent; and
782	782	(2) received notice that:
783	783	(A) entry on the property by a license holder
784	784	with an unconcealed handgun or with any handgun, regardless of
785	785	whether concealed or not, was forbidden; or
786	786	(B) remaining on the property with an unconcealed
787	787	handgun or with any handgun, regardless of whether concealed or
788	788	not, was forbidden and failed to depart.
789	789	(b) For purposes of Subsection (a) [this section], a person
790	790	receives notice if the owner of the property or someone with
791	791	apparent authority to act for the owner provides notice to the
792	792	person by oral communication or written communication that must
793	793	consist of:
794	794	(1) a card or other document on which is written
795	795	language indicating that pursuant to Section 30.06, Penal Code
796	796	(trespass by holder of license to carry a concealed or unconcealed
797	797	handgun), a person licensed under Subchapter H, Chapter 411,
798	798	Government Code, may not enter the property with a concealed
799	799	handgun or with any handgun, whether concealed or not, as
800	800	applicable; or
801	801	(2) a sign posted on the property that:
802	802	(A) includes the language described by
803	803	Subdivision (1) of this subsection in both English and Spanish;
804	804	(B) appears in contrasting colors with block
805	805	letters at least one inch in height; and
806	806	(C) is displayed in a conspicuous manner clearly
807	807	visible to the public.
808	808	(b-1) For purposes of Subsection (a-1), a person receives
809	809	notice if the owner of the property or someone with apparent
810	810	authority to act for the owner provides notice to the person by oral
811	811	communication or written communication that must consist of:
812	812	(1) the written communication described by Subsection
813	813	(b)(1), except that the communication must indicate that a license
814	814	holder may not enter the property with an unconcealed handgun or
815	815	with any handgun, whether concealed or not, as applicable; or
816	816	(2) a sign described by Subsection (b)(2), except that
817	817	the sign must include the language described by Subdivision (1) of
818	818	this subsection.
819	819	(c) In this section:
820	820	(1) "Entry" has the meaning assigned by Section
821	821	30.05(b).
822	822	(2) "License holder" has the meaning assigned by
823	823	Section 46.035(f).
824	824	[(3) "Written communication" means:
825	825	[(A) a card or other document on which is written
826	826	language identical to the following: "Pursuant to Section 30.06,
827	827	Penal Code (trespass by holder of license to carry a concealed
828	828	handgun), a person licensed under Subchapter H, Chapter 411,
829	829	Government Code (concealed handgun law), may not enter this
830	830	property with a concealed handgun"; or
831	831	[(B) a sign posted on the property that:
832	832	[(i) includes the language described by
833	833	Paragraph (A) in both English and Spanish;
834	834	[(ii) appears in contrasting colors with
835	835	block letters at least one inch in height; and
836	836	[(iii) is displayed in a conspicuous manner
837	837	clearly visible to the public.]
838	838	SECTION 43. Section 46.02(a-1), Penal Code, is amended to
839	839	read as follows:
840	840	(a-1) A person commits an offense if the person
841	841	intentionally, knowingly, or recklessly carries on or about his or
842	842	her person a handgun in a motor vehicle or watercraft that is owned
843	843	by the person or under the person's control at any time in which:
844	844	(1) the handgun is in plain view, unless the handgun is
845	845	carried on the person in an unconcealed manner and the person is
846	846	licensed to carry a handgun under Subchapter H, Chapter 411,
847	847	Government Code; or
848	848	(2) the person is:
849	849	(A) engaged in criminal activity, other than a
850	850	Class C misdemeanor that is a violation of a law or ordinance
851	851	regulating traffic or boating;
852	852	(B) prohibited by law from possessing a firearm;
853	853	or
854	854	(C) a member of a criminal street gang, as
855	855	defined by Section 71.01.
856	856	SECTION 44. Section 46.03(f), Penal Code, is amended to
857	857	read as follows:
858	858	(f) It is not a defense to prosecution under this section
859	859	that the actor possessed a handgun, regardless of whether the
860	860	handgun was carried in a concealed or unconcealed manner, and was
861	861	licensed to carry a concealed or unconcealed handgun under
862	862	Subchapter H, Chapter 411, Government Code.
863	863	SECTION 45. Sections 46.035(a), (b), (c), and (d), Penal
864	864	Code, are amended to read as follows:
865	865	(a) A license holder commits an offense if the license
866	866	holder carries a handgun on or about the license holder's person
867	867	under the authority of Subchapter H, Chapter 411, Government Code,
868	868	and intentionally displays the handgun in plain view of another
869	869	person in a public place, unless the license holder is carrying the
870	870	handgun in a shoulder or belt holster with at least dual points of
871	871	resistance.
872	872	(b) A license holder commits an offense if the license
873	873	holder intentionally, knowingly, or recklessly carries a handgun
874	874	under the authority of Subchapter H, Chapter 411, Government Code,
875	875	regardless of whether the handgun is concealed or carried in a
876	876	shoulder or belt holster with at least dual points of resistance, on
877	877	or about the license holder's person:
878	878	(1) on the premises of a business that has a permit or
879	879	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
880	880	Beverage Code, if the business derives 51 percent or more of its
881	881	income from the sale or service of alcoholic beverages for
882	882	on-premises consumption, as determined by the Texas Alcoholic
883	883	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
884	884	(2) on the premises where a high school, collegiate,
885	885	or professional sporting event or interscholastic event is taking
886	886	place, unless the license holder is a participant in the event and a
887	887	handgun is used in the event;
888	888	(3) on the premises of a correctional facility;
889	889	(4) on the premises of a hospital licensed under
890	890	Chapter 241, Health and Safety Code, or on the premises of a nursing
891	891	home licensed under Chapter 242, Health and Safety Code, unless the
892	892	license holder has written authorization of the hospital or nursing
893	893	home administration, as appropriate;
894	894	(5) in an amusement park; or
895	895	(6) on the premises of a church, synagogue, or other
896	896	established place of religious worship.
897	897	(c) A license holder commits an offense if the license
898	898	holder intentionally, knowingly, or recklessly carries a handgun
899	899	under the authority of Subchapter H, Chapter 411, Government Code,
900	900	regardless of whether the handgun is concealed or carried in a
901	901	shoulder or belt holster with at least dual points of resistance, at
902	902	any meeting of a governmental entity.
903	903	(d) A license holder commits an offense if, while
904	904	intoxicated, the license holder carries a handgun under the
905	905	authority of Subchapter H, Chapter 411, Government Code, regardless
906	906	of whether the handgun is concealed or carried in a shoulder or belt
907	907	holster with at least dual points of resistance.
908	908	SECTION 46. Sections 46.15(a) and (b), Penal Code, are
909	909	amended to read as follows:
910	910	(a) Sections 46.02 and 46.03 do not apply to:
911	911	(1) peace officers or special investigators under
912	912	Article 2.122, Code of Criminal Procedure, and neither section
913	913	prohibits a peace officer or special investigator from carrying a
914	914	weapon in this state, including in an establishment in this state
915	915	serving the public, regardless of whether the peace officer or
916	916	special investigator is engaged in the actual discharge of the
917	917	officer's or investigator's duties while carrying the weapon;
918	918	(2) parole officers and neither section prohibits an
919	919	officer from carrying a weapon in this state if the officer is:
920	920	(A) engaged in the actual discharge of the
921	921	officer's duties while carrying the weapon; and
922	922	(B) in compliance with policies and procedures
923	923	adopted by the Texas Department of Criminal Justice regarding the
924	924	possession of a weapon by an officer while on duty;
925	925	(3) community supervision and corrections department
926	926	officers appointed or employed under Section 76.004, Government
927	927	Code, and neither section prohibits an officer from carrying a
928	928	weapon in this state if the officer is:
929	929	(A) engaged in the actual discharge of the
930	930	officer's duties while carrying the weapon; and
931	931	(B) authorized to carry a weapon under Section
932	932	76.0051, Government Code;
933	933	(4) an active judicial officer as defined by Section
934	934	411.201, Government Code, who is licensed to carry a concealed or
935	935	unconcealed handgun under Subchapter H, Chapter 411, Government
936	936	Code;
937	937	(5) an honorably retired peace officer, qualified
938	938	retired law enforcement officer, federal criminal investigator, or
939	939	former reserve law enforcement officer who holds a certificate of
940	940	proficiency issued under Section 1701.357, Occupations Code, and is
941	941	carrying a photo identification that is issued by a federal, state,
942	942	or local law enforcement agency, as applicable, and that verifies
943	943	that the officer is:
944	944	(A) an honorably retired peace officer;
945	945	(B) a qualified retired law enforcement officer;
946	946	(C) a federal criminal investigator; or
947	947	(D) a former reserve law enforcement officer who
948	948	has served in that capacity not less than a total of 15 years with
949	949	one or more state or local law enforcement agencies;
950	950	(6) a district attorney, criminal district attorney,
951	951	county attorney, or municipal attorney who is licensed to carry a
952	952	concealed or unconcealed handgun under Subchapter H, Chapter 411,
953	953	Government Code;
954	954	(7) an assistant district attorney, assistant
955	955	criminal district attorney, or assistant county attorney who is
956	956	licensed to carry a concealed or unconcealed handgun under
957	957	Subchapter H, Chapter 411, Government Code;
958	958	(8) a bailiff designated by an active judicial officer
959	959	as defined by Section 411.201, Government Code, who is:
960	960	(A) licensed to carry a concealed or unconcealed
961	961	handgun under Chapter 411, Government Code; and
962	962	(B) engaged in escorting the judicial officer; or
963	963	(9) a juvenile probation officer who is authorized to
964	964	carry a firearm under Section 142.006, Human Resources Code.
965	965	(b) Section 46.02 does not apply to a person who:
966	966	(1) is in the actual discharge of official duties as a
967	967	member of the armed forces or state military forces as defined by
968	968	Section 437.001, Government Code, or as a guard employed by a penal
969	969	institution;
970	970	(2) is traveling;
971	971	(3) is engaging in lawful hunting, fishing, or other
972	972	sporting activity on the immediate premises where the activity is
973	973	conducted, or is en route between the premises and the actor's
974	974	residence, motor vehicle, or watercraft, if the weapon is a type
975	975	commonly used in the activity;
976	976	(4) holds a security officer commission issued by the
977	977	Texas Private Security Board, if the person is engaged in the
978	978	performance of the person's duties as an officer commissioned under
979	979	Chapter 1702, Occupations Code, or is traveling to or from the
980	980	person's place of assignment and is wearing the officer's uniform
981	981	and carrying the officer's weapon in plain view;
982	982	(5) acts as a personal protection officer and carries
983	983	the person's security officer commission and personal protection
984	984	officer authorization, if the person:
985	985	(A) is engaged in the performance of the person's
986	986	duties as a personal protection officer under Chapter 1702,
987	987	Occupations Code, or is traveling to or from the person's place of
988	988	assignment; and
989	989	(B) is either:
990	990	(i) wearing the uniform of a security
991	991	officer, including any uniform or apparel described by Section
992	992	1702.323(d), Occupations Code, and carrying the officer's weapon in
993	993	plain view; or
994	994	(ii) not wearing the uniform of a security
995	995	officer and carrying the officer's weapon in a concealed manner or
996	996	in an unconcealed manner but in a shoulder or belt holster with at
997	997	least dual points of resistance;
998	998	(6) is carrying a [concealed] handgun, regardless of
999	999	whether the handgun is carried in a concealed or unconcealed
1000	1000	manner, and a valid license issued under Subchapter H, Chapter 411,
1001	1001	Government Code, to carry a concealed or unconcealed handgun;
1002	1002	(7) holds an alcoholic beverage permit or license or
1003	1003	is an employee of a holder of an alcoholic beverage permit or
1004	1004	license if the person is supervising the operation of the permitted
1005	1005	or licensed premises; or
1006	1006	(8) is a student in a law enforcement class engaging in
1007	1007	an activity required as part of the class, if the weapon is a type
1008	1008	commonly used in the activity and the person is:
1009	1009	(A) on the immediate premises where the activity
1010	1010	is conducted; or
1011	1011	(B) en route between those premises and the
1012	1012	person's residence and is carrying the weapon unloaded.
1013	1013	SECTION 47. The change in law made by this Act relating to
1014	1014	the authority of a license holder to carry an unconcealed handgun
1015	1015	applies to the carrying of a handgun on or after the effective date
1016	1016	of this Act by any person who:
1017	1017	(1) holds a license issued under Subchapter H, Chapter
1018	1018	411, Government Code, regardless of whether the person's license
1019	1019	was issued before, on, or after the effective date of this Act; or
1020	1020	(2) applies for the issuance of a license under that
1021	1021	subchapter, regardless of whether the person applied for the
1022	1022	license before, on, or after the effective date of this Act.
1023	1023	SECTION 48. The changes in law made by this Act to Sections
1024	1024	30.05, 30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply
1025	1025	only to an offense committed on or after the effective date of this
1026	1026	Act. An offense committed before the effective date of this Act is
1027	1027	governed by the law in effect when the offense was committed, and
1028	1028	the former law is continued in effect for that purpose. For
1029	1029	purposes of this section, an offense was committed before the
1030	1030	effective date of this Act if any element of the offense occurred
1031	1031	before that date.
1032	1032	SECTION 49. Except as otherwise provided by this Act, this
1033	1033	Act takes effect September 1, 2015.