Texas 2015 - 84th Regular

Texas House Bill HB164 Compare Versions

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

Old	New	Differences
1	1	By: White of Tyler H.B. No. 164
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of a person who is licensed to carry a
7	7	handgun to openly carry the handgun; providing penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
10	10	amended to read as follows:
11	11	(a) Each holder of a permit who is not otherwise required to
12	12	display a sign under Section 411.204, Government Code, shall
13	13	display in a prominent place on the permit holder's premises a sign
14	14	giving notice that it is unlawful for a person to carry a weapon on
15	15	the premises unless the weapon is a concealed or unconcealed
16	16	handgun of the same category the person is licensed to carry under
17	17	Subchapter H, Chapter 411, Government Code.
18	18	SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
19	19	amended to read as follows:
20	20	(e) Except as provided by Subsection (f) or (i), the
21	21	commission or administrator shall cancel an original or renewal
22	22	permit if it is found, after notice and hearing, that the permittee
23	23	knowingly allowed a person to possess a firearm in a building on the
24	24	licensed premises. This subsection does not apply to a person:
25	25	(1) who holds a security officer commission issued
26	26	under Chapter 1702, Occupations Code, if:
27	27	(A) the person is engaged in the performance of
28	28	the person's duties as a security officer;
29	29	(B) the person is wearing a distinctive uniform;
30	30	and
31	31	(C) the weapon is in plain view;
32	32	(2) who is a peace officer;
33	33	(3) who is a permittee or an employee of a permittee if
34	34	the person is supervising the operation of the premises; or
35	35	(4) who possesses a [concealed] handgun, regardless of
36	36	whether the handgun is carried in a concealed or unconcealed
37	37	manner, of the same category the person is licensed to carry under
38	38	Subchapter H, Chapter 411, Government Code, unless the person is on
39	39	the premises of a business described by Section 46.035(b)(1), Penal
40	40	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 of the same category the person is licensed to carry under
49	49	Subchapter H, Chapter 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, regardless of
69	69	whether the handgun is carried in a concealed or unconcealed
70	70	manner, of the same category the person is licensed to carry under
71	71	Subchapter H, Chapter 411, Government Code, unless the person is on
72	72	the premises of a business described by Section 46.035(b)(1), Penal
73	73	Code.
74	74	SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is
75	75	amended to read as follows:
76	76	(c) In a protective order, the court may suspend a license
77	77	to carry a concealed or unconcealed handgun issued under Section
78	78	411.177, Government Code, that is held by the alleged offender.
79	79	SECTION 6. Article 7B.06(c), Code of Criminal Procedure, is
80	80	amended to read as follows:
81	81	(c) In a protective order, the court may suspend a license
82	82	to carry a concealed or unconcealed handgun issued under Section
83	83	411.177, Government Code, that is held by the offender or alleged
84	84	offender.
85	85	SECTION 7. Article 17.292(l), Code of Criminal Procedure,
86	86	is amended to read as follows:
87	87	(l) In the order for emergency protection, the magistrate
88	88	shall suspend a license to carry a concealed or unconcealed handgun
89	89	issued under Subchapter H, Chapter 411, Government Code, that is
90	90	held by the defendant.
91	91	SECTION 8. Article 17.293, Code of Criminal Procedure, is
92	92	amended to read as follows:
93	93	Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
94	94	OTHER PERSONS. The magistrate or the clerk of the magistrate's
95	95	court issuing an order for emergency protection under Article
96	96	17.292 that suspends a license to carry a concealed or unconcealed
97	97	handgun shall immediately send a copy of the order to the
98	98	appropriate division of the Department of Public Safety at its
99	99	Austin headquarters. On receipt of the order suspending the
100	100	license, the department shall:
101	101	(1) record the suspension of the license in the
102	102	records of the department;
103	103	(2) report the suspension to local law enforcement
104	104	agencies, as appropriate; and
105	105	(3) demand surrender of the suspended license from the
106	106	license holder.
107	107	SECTION 9. Section 63.0101, Election Code, is amended to
108	108	read as follows:
109	109	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
110	110	following documentation is an acceptable form of photo
111	111	identification under this chapter:
112	112	(1) a driver's license, election identification
113	113	certificate, or personal identification card issued to the person
114	114	by the Department of Public Safety that has not expired or that
115	115	expired no earlier than 60 days before the date of presentation;
116	116	(2) a United States military identification card that
117	117	contains the person's photograph that has not expired or that
118	118	expired no earlier than 60 days before the date of presentation;
119	119	(3) a United States citizenship certificate issued to
120	120	the person that contains the person's photograph;
121	121	(4) a United States passport issued to the person that
122	122	has not expired or that expired no earlier than 60 days before the
123	123	date of presentation; or
124	124	(5) a license to carry a concealed or unconcealed
125	125	handgun issued to the person by the Department of Public Safety that
126	126	has not expired or that expired no earlier than 60 days before the
127	127	date of presentation.
128	128	SECTION 10. Section 2.005(b), Family Code, is amended to
129	129	read as follows:
130	130	(b) The proof must be established by:
131	131	(1) a driver's license or identification card issued
132	132	by this state, another state, or a Canadian province that is current
133	133	or has expired not more than two years preceding the date the
134	134	identification is submitted to the county clerk in connection with
135	135	an application for a license;
136	136	(2) a United States passport;
137	137	(3) a current passport issued by a foreign country or a
138	138	consular document issued by a state or national government;
139	139	(4) an unexpired Certificate of United States
140	140	Citizenship, Certificate of Naturalization, United States Citizen
141	141	Identification Card, Permanent Resident Card, Temporary Resident
142	142	Card, Employment Authorization Card, or other document issued by
143	143	the federal Department of Homeland Security or the United States
144	144	Department of State including an identification photograph;
145	145	(5) an unexpired military identification card for
146	146	active duty, reserve, or retired personnel with an identification
147	147	photograph;
148	148	(6) an original or certified copy of a birth
149	149	certificate issued by a bureau of vital statistics for a state or a
150	150	foreign government;
151	151	(7) an original or certified copy of a Consular Report
152	152	of Birth Abroad or Certificate of Birth Abroad issued by the United
153	153	States Department of State;
154	154	(8) an original or certified copy of a court order
155	155	relating to the applicant's name change or sex change;
156	156	(9) school records from a secondary school or
157	157	institution of higher education;
158	158	(10) an insurance policy continuously valid for the
159	159	two years preceding the date of the application for a license;
160	160	(11) a motor vehicle certificate of title;
161	161	(12) military records, including documentation of
162	162	release or discharge from active duty or a draft record;
163	163	(13) an unexpired military dependent identification
164	164	card;
165	165	(14) an original or certified copy of the applicant's
166	166	marriage license or divorce decree;
167	167	(15) a voter registration certificate;
168	168	(16) a pilot's license issued by the Federal Aviation
169	169	Administration or another authorized agency of the United States;
170	170	(17) a license to carry a concealed or unconcealed
171	171	handgun under Subchapter H, Chapter 411, Government Code;
172	172	(18) a temporary driving permit or a temporary
173	173	identification card issued by the Department of Public Safety; or
174	174	(19) an offender identification card issued by the
175	175	Texas Department of Criminal Justice.
176	176	SECTION 11. Section 58.003(m), Family Code, is amended to
177	177	read as follows:
178	178	(m) On request of the Department of Public Safety, a
179	179	juvenile court shall reopen and allow the department to inspect the
180	180	files and records of the juvenile court relating to an applicant for
181	181	a license to carry a concealed or unconcealed handgun under
182	182	Subchapter H, Chapter 411, Government Code.
183	183	SECTION 12. Section 85.022(d), Family Code, is amended to
184	184	read as follows:
185	185	(d) In a protective order, the court shall suspend a license
186	186	to carry a concealed or unconcealed handgun issued under Subchapter
187	187	H, Chapter 411, Government Code, that is held by a person found to
188	188	have committed family violence.
189	189	SECTION 13. Section 85.042(e), Family Code, is amended to
190	190	read as follows:
191	191	(e) The clerk of the court issuing an original or modified
192	192	protective order under Section 85.022 that suspends a license to
193	193	carry a concealed or unconcealed handgun shall send a copy of the
194	194	order to the appropriate division of the Department of Public
195	195	Safety at its Austin headquarters. On receipt of the order
196	196	suspending the license, the department shall:
197	197	(1) record the suspension of the license in the
198	198	records of the department;
199	199	(2) report the suspension to local law enforcement
200	200	agencies, as appropriate; and
201	201	(3) demand surrender of the suspended license from the
202	202	license holder.
203	203	SECTION 14. The heading to Section 411.047, Government
204	204	Code, is amended to read as follows:
205	205	Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED]
206	206	HANDGUN INCIDENTS.
207	207	SECTION 15. Section 411.0625, Government Code, is amended
208	208	to read as follows:
209	209	Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a)
210	210	The department shall allow a person to enter the Capitol and the
211	211	Capitol Extension, including any public space in the Capitol or
212	212	Capitol Extension, in the same manner as the department allows
213	213	entry to a person who presents a concealed or unconcealed handgun
214	214	license under Subchapter H if the person:
215	215	(1) obtains from the department a Capitol access pass;
216	216	and
217	217	(2) presents the pass to the appropriate law
218	218	enforcement official when entering the building or a space within
219	219	the building.
220	220	(b) To be eligible for a Capitol access pass, a person must
221	221	meet the eligibility requirements applicable to a license to carry
222	222	a concealed or unconcealed handgun under Subchapter H, other than
223	223	requirements regarding evidence of handgun proficiency.
224	224	(c) The department shall adopt rules to establish a
225	225	procedure by which a resident of the state may apply for and be
226	226	issued a Capitol access pass. Rules adopted under this section must
227	227	include provisions for eligibility, application, approval,
228	228	issuance, and renewal that:
229	229	(1) require the department to conduct the same
230	230	background check on an applicant for a Capitol access pass that is
231	231	conducted on an applicant for a concealed or unconcealed handgun
232	232	license under Subchapter H;
233	233	(2) enable the department to conduct the background
234	234	check described by Subdivision (1); and
235	235	(3) establish application and renewal fees in amounts
236	236	sufficient to cover the cost of administering this section, not to
237	237	exceed the amounts of similar fees required for a concealed or
238	238	unconcealed handgun license under Section 411.174.
239	239	SECTION 16. The heading to Subchapter H, Chapter 411,
240	240	Government Code, is amended to read as follows:
241	241	SUBCHAPTER H. LICENSE TO CARRY A CONCEALED
242	242	OR UNCONCEALED HANDGUN
243	243	SECTION 17. Section 411.171, Government Code, is amended by
244	244	adding Subdivision (8) to read as follows:
245	245	(8) "Unconcealed handgun" means a loaded or unloaded
246	246	handgun carried upon the person in a shoulder or belt holster that
247	247	is wholly or partially visible.
248	248	SECTION 18. Sections 411.172(a), (b-1), (g), and (h),
249	249	Government Code, are amended to read as follows:
250	250	(a) A person is eligible for a license to carry a concealed
251	251	or unconcealed handgun if the person:
252	252	(1) is a legal resident of this state for the six-month
253	253	period preceding the date of application under this subchapter or
254	254	is otherwise eligible for a license under Section 411.173(a);
255	255	(2) is at least 21 years of age;
256	256	(3) has not been convicted of a felony;
257	257	(4) is not charged with the commission of a Class A or
258	258	Class B misdemeanor or equivalent offense, or of an offense under
259	259	Section 42.01, Penal Code, or equivalent offense, or of a felony
260	260	under an information or indictment;
261	261	(5) is not a fugitive from justice for a felony or a
262	262	Class A or Class B misdemeanor or equivalent offense;
263	263	(6) is not a chemically dependent person;
264	264	(7) is not incapable of exercising sound judgment with
265	265	respect to the proper use and storage of a handgun;
266	266	(8) has not, in the five years preceding the date of
267	267	application, been convicted of a Class A or Class B misdemeanor or
268	268	equivalent offense or of an offense under Section 42.01, Penal
269	269	Code, or equivalent offense;
270	270	(9) is fully qualified under applicable federal and
271	271	state law to purchase a handgun;
272	272	(10) has not been finally determined to be delinquent
273	273	in making a child support payment administered or collected by the
274	274	attorney general;
275	275	(11) has not been finally determined to be delinquent
276	276	in the payment of a tax or other money collected by the comptroller,
277	277	the tax collector of a political subdivision of the state, or any
278	278	agency or subdivision of the state;
279	279	(12) is not currently restricted under a court
280	280	protective order or subject to a restraining order affecting the
281	281	spousal relationship, other than a restraining order solely
282	282	affecting property interests;
283	283	(13) has not, in the 10 years preceding the date of
284	284	application, been adjudicated as having engaged in delinquent
285	285	conduct violating a penal law of the grade of felony; and
286	286	(14) has not made any material misrepresentation, or
287	287	failed to disclose any material fact, in an application submitted
288	288	pursuant to Section 411.174.
289	289	(b-1) An offense is not considered a felony for purposes of
290	290	Subsection (b) if, at the time of a person's application for a
291	291	license to carry a concealed or unconcealed handgun, the offense:
292	292	(1) is not designated by a law of this state as a
293	293	felony; and
294	294	(2) does not contain all the elements of any offense
295	295	designated by a law of this state as a felony.
296	296	(g) Notwithstanding Subsection (a)(2), a person who is at
297	297	least 18 years of age but not yet 21 years of age is eligible for a
298	298	license to carry a concealed or unconcealed handgun if the person:
299	299	(1) is a member or veteran of the United States armed
300	300	forces, including a member or veteran of the reserves or national
301	301	guard;
302	302	(2) was discharged under honorable conditions, if
303	303	discharged from the United States armed forces, reserves, or
304	304	national guard; and
305	305	(3) meets the other eligibility requirements of
306	306	Subsection (a) except for the minimum age required by federal law to
307	307	purchase a handgun.
308	308	(h) The issuance of a license to carry a concealed or
309	309	unconcealed handgun to a person eligible under Subsection (g) does
310	310	not affect the person's ability to purchase a handgun or ammunition
311	311	under federal law.
312	312	SECTION 19. Section 411.173(b), Government Code, is amended
313	313	to read as follows:
314	314	(b) The governor shall negotiate an agreement with any other
315	315	state that provides for the issuance of a license to carry a
316	316	concealed or unconcealed handgun under which a license issued by
317	317	the other state is recognized in this state or shall issue a
318	318	proclamation that a license issued by the other state is recognized
319	319	in this state if the attorney general of the State of Texas
320	320	determines that a background check of each applicant for a license
321	321	issued by that state is initiated by state or local authorities or
322	322	an agent of the state or local authorities before the license is
323	323	issued. For purposes of this subsection, "background check" means a
324	324	search of the National Crime Information Center database and the
325	325	Interstate Identification Index maintained by the Federal Bureau of
326	326	Investigation.
327	327	SECTION 20. Section 411.174(a), Government Code, is amended
328	328	to read as follows:
329	329	(a) An applicant for a license to carry a concealed or
330	330	unconcealed handgun must submit to the director's designee
331	331	described by Section 411.176:
332	332	(1) a completed application on a form provided by the
333	333	department that requires only the information listed in Subsection
334	334	(b);
335	335	(2) one or more photographs of the applicant that meet
336	336	the requirements of the department;
337	337	(3) a certified copy of the applicant's birth
338	338	certificate or certified proof of age;
339	339	(4) proof of residency in this state;
340	340	(5) two complete sets of legible and classifiable
341	341	fingerprints of the applicant taken by a person appropriately
342	342	trained in recording fingerprints who is employed by a law
343	343	enforcement agency or by a private entity designated by a law
344	344	enforcement agency as an entity qualified to take fingerprints of
345	345	an applicant for a license under this subchapter;
346	346	(6) a nonrefundable application and license fee of
347	347	$140 paid to the department;
348	348	(7) evidence of handgun proficiency, in the form and
349	349	manner required by the department;
350	350	(8) an affidavit signed by the applicant stating that
351	351	the applicant:
352	352	(A) has read and understands each provision of
353	353	this subchapter that creates an offense under the laws of this state
354	354	and each provision of the laws of this state related to use of
355	355	deadly force; and
356	356	(B) fulfills all the eligibility requirements
357	357	listed under Section 411.172; and
358	358	(9) a form executed by the applicant that authorizes
359	359	the director to make an inquiry into any noncriminal history
360	360	records that are necessary to determine the applicant's eligibility
361	361	for a license under Section 411.172(a).
362	362	SECTION 21. Section 411.177(a), Government Code, is amended
363	363	to read as follows:
364	364	(a) The department shall issue a license to carry a
365	365	concealed or unconcealed handgun to an applicant if the applicant
366	366	meets all the eligibility requirements and submits all the
367	367	application materials. The department may issue a license to carry
368	368	handguns only of the categories for which the applicant has
369	369	demonstrated proficiency in the form and manner required by the
370	370	department. The department shall administer the licensing
371	371	procedures in good faith so that any applicant who meets all the
372	372	eligibility requirements and submits all the application materials
373	373	shall receive a license. The department may not deny an application
374	374	on the basis of a capricious or arbitrary decision by the
375	375	department.
376	376	SECTION 22. Section 411.185(d), Government Code, is amended
377	377	to read as follows:
378	378	(d) The director by rule shall adopt a procedure by which a
379	379	license holder who satisfies the eligibility criteria may renew a
380	380	license by mail. The materials for renewal by mail must include a
381	381	form to be signed and returned to the department by the applicant
382	382	that describes state law regarding:
383	383	(1) the use of deadly force; and
384	384	(2) the places where it is unlawful for the holder of a
385	385	license issued under this subchapter to carry a concealed or
386	386	unconcealed handgun.
387	387	SECTION 23. Section 411.187(a), Government Code, is amended
388	388	to read as follows:
389	389	(a) The department shall suspend a license under this
390	390	section if the license holder:
391	391	(1) is charged with the commission of a Class A or
392	392	Class B misdemeanor or equivalent offense, or of an offense under
393	393	Section 42.01, Penal Code, or equivalent offense, or of a felony
394	394	under an information or indictment;
395	395	(2) fails to notify the department of a change of
396	396	address, name, or status as required by Section 411.181;
397	397	(3) carries a concealed or unconcealed handgun under
398	398	the authority of this subchapter of a different category than the
399	399	license holder is licensed to carry;
400	400	(4) fails to return a previously issued license after
401	401	a license is modified as required by Section 411.184(d);
402	402	(5) commits an act of family violence and is the
403	403	subject of an active protective order rendered under Title 4,
404	404	Family Code; or
405	405	(6) is arrested for an offense involving family
406	406	violence or an offense under Section 42.072, Penal Code, and is the
407	407	subject of an order for emergency protection issued under Article
408	408	17.292, Code of Criminal Procedure.
409	409	SECTION 24. Section 411.188(g), Government Code, is amended
410	410	to read as follows:
411	411	(g) A person who wishes to obtain or renew a license to carry
412	412	a concealed or unconcealed handgun must apply in person to a
413	413	qualified handgun instructor to take the appropriate course in
414	414	handgun proficiency and demonstrate handgun proficiency as
415	415	required by the department.
416	416	SECTION 25. Section 411.1881(a), Government Code, is
417	417	amended to read as follows:
418	418	(a) Notwithstanding any other provision of this subchapter,
419	419	a person may not be required to complete the range instruction
420	420	portion of a handgun proficiency course to obtain or renew a
421	421	concealed or unconcealed handgun license issued under this
422	422	subchapter if the person:
423	423	(1) is currently serving in or is honorably discharged
424	424	from:
425	425	(A) the army, navy, air force, coast guard, or
426	426	marine corps of the United States or an auxiliary service or reserve
427	427	unit of one of those branches of the armed forces; or
428	428	(B) the state military forces, as defined by
429	429	Section 431.001; and
430	430	(2) has, within the five years preceding the date of
431	431	the person's application for an original or renewed license, as
432	432	applicable, completed a course of training in handgun proficiency
433	433	or familiarization as part of the person's service with the armed
434	434	forces or state military forces.
435	435	SECTION 26. Sections 411.190(c) and (f), Government Code,
436	436	are amended to read as follows:
437	437	(c) In the manner applicable to a person who applies for a
438	438	license to carry a concealed or unconcealed handgun, the department
439	439	shall conduct a background check of a person who applies for
440	440	certification as a qualified handgun instructor. If the background
441	441	check indicates that the applicant for certification would not
442	442	qualify to receive a handgun license, the department may not
443	443	certify the applicant as a qualified handgun instructor. If the
444	444	background check indicates that the applicant for certification
445	445	would qualify to receive a handgun license, the department shall
446	446	provide handgun instructor training to the applicant. The applicant
447	447	shall pay a fee of $100 to the department for the training. The
448	448	applicant must take and successfully complete the training offered
449	449	by the department and pay the training fee before the department may
450	450	certify the applicant as a qualified handgun instructor. The
451	451	department shall issue a license to carry a concealed or
452	452	unconcealed handgun under the authority of this subchapter to any
453	453	person who is certified as a qualified handgun instructor and who
454	454	pays to the department a fee of $100 in addition to the training
455	455	fee. The department by rule may prorate or waive the training fee
456	456	for an employee of another governmental entity.
457	457	(f) If the department determines that a reason exists to
458	458	revoke, suspend, or deny a license to carry a concealed or
459	459	unconcealed handgun with respect to a person who is a qualified
460	460	handgun instructor or an applicant for certification as a qualified
461	461	handgun instructor, the department shall take that action against
462	462	the person's:
463	463	(1) license to carry a concealed or unconcealed
464	464	handgun if the person is an applicant for or the holder of a license
465	465	issued under this subchapter; and
466	466	(2) certification as a qualified handgun instructor.
467	467	SECTION 27. Section 411.198(a), Government Code, is amended
468	468	to read as follows:
469	469	(a) On written approval of the director, the department may
470	470	issue to a law enforcement officer an alias license to carry a
471	471	concealed or unconcealed handgun to be used in supervised
472	472	activities involving criminal investigations.
473	473	SECTION 28. Sections 411.201(c), (d), (e), and (h),
474	474	Government Code, are amended to read as follows:
475	475	(c) An active judicial officer is eligible for a license to
476	476	carry a concealed or unconcealed handgun under the authority of
477	477	this subchapter. A retired judicial officer is eligible for a
478	478	license to carry a concealed or unconcealed handgun under the
479	479	authority of this subchapter if the officer:
480	480	(1) has not been convicted of a felony;
481	481	(2) has not, in the five years preceding the date of
482	482	application, been convicted of a Class A or Class B misdemeanor or
483	483	equivalent offense;
484	484	(3) is not charged with the commission of a Class A or
485	485	Class B misdemeanor or equivalent offense or of a felony under an
486	486	information or indictment;
487	487	(4) is not a chemically dependent person; and
488	488	(5) is not a person of unsound mind.
489	489	(d) An applicant for a license who is an active or retired
490	490	judicial officer must submit to the department:
491	491	(1) a completed application, including all required
492	492	affidavits, on a form prescribed by the department;
493	493	(2) one or more photographs of the applicant that meet
494	494	the requirements of the department;
495	495	(3) two complete sets of legible and classifiable
496	496	fingerprints of the applicant, including one set taken by a person
497	497	employed by a law enforcement agency who is appropriately trained
498	498	in recording fingerprints;
499	499	(4) evidence of handgun proficiency, in the form and
500	500	manner required by the department for an applicant under this
501	501	section;
502	502	(5) a nonrefundable application and license fee set by
503	503	the department in an amount reasonably designed to cover the
504	504	administrative costs associated with issuance of a license to carry
505	505	a concealed or unconcealed handgun under this subchapter; and
506	506	(6) if the applicant is a retired judicial officer, a
507	507	form executed by the applicant that authorizes the department to
508	508	make an inquiry into any noncriminal history records that are
509	509	necessary to determine the applicant's eligibility for a license
510	510	under this subchapter.
511	511	(e) On receipt of all the application materials required by
512	512	this section, the department shall:
513	513	(1) if the applicant is an active judicial officer,
514	514	issue a license to carry a concealed or unconcealed handgun under
515	515	the authority of this subchapter; or
516	516	(2) if the applicant is a retired judicial officer,
517	517	conduct an appropriate background investigation to determine the
518	518	applicant's eligibility for the license and, if the applicant is
519	519	eligible, issue a license to carry a concealed or unconcealed
520	520	handgun under the authority of this subchapter.
521	521	(h) The department shall issue a license to carry a
522	522	concealed or unconcealed handgun under the authority of this
523	523	subchapter to an elected attorney representing the state in the
524	524	prosecution of felony cases who meets the requirements of this
525	525	section for an active judicial officer. The department shall waive
526	526	any fee required for the issuance of an original, duplicate, or
527	527	renewed license under this subchapter for an applicant who is an
528	528	attorney elected or employed to represent the state in the
529	529	prosecution of felony cases.
530	530	SECTION 29. Section 411.203, Government Code, is amended to
531	531	read as follows:
532	532	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does not
533	533	prevent or otherwise limit the right of a public or private employer
534	534	to prohibit persons who are licensed under this subchapter from
535	535	carrying a concealed handgun or an unconcealed handgun on the
536	536	premises of the business. In this section, "premises" has the
537	537	meaning assigned by Section 46.035(f)(3), Penal Code.
538	538	SECTION 30. Section 12.092(b), Health and Safety Code, is
539	539	amended to read as follows:
540	540	(b) The medical advisory board shall assist the Department
541	541	of Public Safety of the State of Texas in determining whether:
542	542	(1) an applicant for a driver's license or a license
543	543	holder is capable of safely operating a motor vehicle; or
544	544	(2) an applicant for or holder of a license to carry a
545	545	concealed or unconcealed handgun under the authority of Subchapter
546	546	H, Chapter 411, Government Code, is capable of exercising sound
547	547	judgment with respect to the proper use and storage of a handgun.
548	548	SECTION 31. Sections 52.061 and 52.062, Labor Code, are
549	549	amended to read as follows:
550	550	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
551	551	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
552	552	may not prohibit an employee who holds a license to carry a
553	553	concealed or unconcealed handgun under Subchapter H, Chapter 411,
554	554	Government Code, who otherwise lawfully possesses a firearm, or who
555	555	lawfully possesses ammunition from transporting or storing a
556	556	firearm or ammunition the employee is authorized by law to possess
557	557	in a locked, privately owned motor vehicle in a parking lot, parking
558	558	garage, or other parking area the employer provides for employees.
559	559	Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
560	560	(1) authorize a person who holds a license to carry a
561	561	concealed or unconcealed handgun under Subchapter H, Chapter 411,
562	562	Government Code, who otherwise lawfully possesses a firearm, or who
563	563	lawfully possesses ammunition to possess a firearm or ammunition on
564	564	any property where the possession of a firearm or ammunition is
565	565	prohibited by state or federal law; or
566	566	(2) apply to:
567	567	(A) a vehicle owned or leased by a public or
568	568	private employer and used by an employee in the course and scope of
569	569	the employee's employment, unless the employee is required to
570	570	transport or store a firearm in the official discharge of the
571	571	employee's duties;
572	572	(B) a school district;
573	573	(C) an open-enrollment charter school, as
574	574	defined by Section 5.001, Education Code;
575	575	(D) a private school, as defined by Section
576	576	22.081, Education Code;
577	577	(E) property owned or controlled by a person,
578	578	other than the employer, that is subject to a valid, unexpired oil,
579	579	gas, or other mineral lease that contains a provision prohibiting
580	580	the possession of firearms on the property; or
581	581	(F) property owned or leased by a chemical
582	582	manufacturer or oil and gas refiner with an air authorization under
583	583	Chapter 382, Health and Safety Code, and on which the primary
584	584	business conducted is the manufacture, use, storage, or
585	585	transportation of hazardous, combustible, or explosive materials,
586	586	except in regard to an employee who holds a license to carry a
587	587	concealed or unconcealed handgun under Subchapter H, Chapter 411,
588	588	Government Code, and who stores a firearm or ammunition the
589	589	employee is authorized by law to possess in a locked, privately
590	590	owned motor vehicle in a parking lot, parking garage, or other
591	591	parking area the employer provides for employees that is outside of
592	592	a secured and restricted area:
593	593	(i) that contains the physical plant;
594	594	(ii) that is not open to the public; and
595	595	(iii) the ingress into which is constantly
596	596	monitored by security personnel.
597	597	(b) Section 52.061 does not prohibit an employer from
598	598	prohibiting an employee who holds a license to carry a concealed or
599	599	unconcealed handgun under Subchapter H, Chapter 411, Government
600	600	Code, or who otherwise lawfully possesses a firearm, from
601	601	possessing a firearm the employee is otherwise authorized by law to
602	602	possess on the premises of the employer's business. In this
603	603	subsection, "premises" has the meaning assigned by Section
604	604	46.035(f)(3), Penal Code.
605	605	SECTION 32. Section 118.011(b), Local Government Code, is
606	606	amended to read as follows:
607	607	(b) The county clerk may set and collect the following fee
608	608	from any person:
609	609	(1) Returned Check (Sec. 118.0215)
610	610	not less than $15 or more than $30
611	611	(2) Records Management and Preservation Fee (Sec.
612	612	118.0216) not more than $5
613	613	(3) Mental Health Background Check for License to
614	614	CarryaConcealedorUnconcealedHandgun[Weapon](Sec.
615	615	118.0217) not more than $2
616	616	SECTION 33. Section 118.0217(a), Local Government Code, is
617	617	amended to read as follows:
618	618	(a) The fee for a "mental health background check for
619	619	license to carry a concealed or unconcealed handgun [weapon]" is
620	620	for a check, conducted by the county clerk at the request of the
621	621	Texas Department of Public Safety, of the county records involving
622	622	the mental condition of a person who applies for a license to carry
623	623	a concealed or unconcealed handgun under Subchapter H, Chapter 411,
624	624	Government Code. The fee, not to exceed $2, will be paid from the
625	625	application fee submitted to the Department of Public Safety
626	626	according to Section 411.174(a)(6), Government Code.
627	627	SECTION 34. Section 229.001(b), Local Government Code, is
628	628	amended to read as follows:
629	629	(b) Subsection (a) does not affect the authority a
630	630	municipality has under another law to:
631	631	(1) require residents or public employees to be armed
632	632	for personal or national defense, law enforcement, or another
633	633	lawful purpose;
634	634	(2) regulate the discharge of firearms within the
635	635	limits of the municipality, other than at a sport shooting range;
636	636	(3) regulate the use of property, the location of a
637	637	business, or uses at a business under the municipality's fire code,
638	638	zoning ordinance, or land-use regulations as long as the code,
639	639	ordinance, or regulations are not used to circumvent the intent of
640	640	Subsection (a) or Subdivision (5) of this subsection;
641	641	(4) regulate the use of firearms in the case of an
642	642	insurrection, riot, or natural disaster if the municipality finds
643	643	the regulations necessary to protect public health and safety;
644	644	(5) regulate the storage or transportation of
645	645	explosives to protect public health and safety, except that 25
646	646	pounds or less of black powder for each private residence and 50
647	647	pounds or less of black powder for each retail dealer are not
648	648	subject to regulation;
649	649	(6) regulate the carrying of a firearm by a person
650	650	other than a person licensed to carry a concealed or unconcealed
651	651	handgun under Subchapter H, Chapter 411, Government Code, at a:
652	652	(A) public park;
653	653	(B) public meeting of a municipality, county, or
654	654	other governmental body;
655	655	(C) political rally, parade, or official
656	656	political meeting; or
657	657	(D) nonfirearms-related school, college, or
658	658	professional athletic event; or
659	659	(7) regulate the hours of operation of a sport
660	660	shooting range, except that the hours of operation may not be more
661	661	limited than the least limited hours of operation of any other
662	662	business in the municipality other than a business permitted or
663	663	licensed to sell or serve alcoholic beverages for on-premises
664	664	consumption.
665	665	SECTION 35. Sections 62.082(d) and (e), Parks and Wildlife
666	666	Code, are amended to read as follows:
667	667	(d) Section 62.081 does not apply to:
668	668	(1) an employee of the Lower Colorado River Authority;
669	669	(2) a person authorized to hunt under Subsection (c);
670	670	(3) a peace officer as defined by Article 2.12, Code of
671	671	Criminal Procedure; or
672	672	(4) a person who:
673	673	(A) possesses a [concealed] handgun, regardless
674	674	of whether the handgun is carried in a concealed or unconcealed
675	675	manner, and a license issued under Subchapter H, Chapter 411,
676	676	Government Code, to carry a concealed or unconcealed handgun of the
677	677	same category as a handgun the person is carrying; or
678	678	(B) under circumstances in which the person would
679	679	be justified in the use of deadly force under Chapter 9, Penal Code,
680	680	shoots a handgun of the same category as a handgun the person is
681	681	licensed to carry under Subchapter H, Chapter 411, Government Code.
682	682	(e) A state agency, including the department, the
683	683	Department of Public Safety, and the Lower Colorado River
684	684	Authority, may not adopt a rule that prohibits a person who
685	685	possesses a license issued under Subchapter H, Chapter 411,
686	686	Government Code, from entering or crossing the land of the Lower
687	687	Colorado River Authority while:
688	688	(1) possessing a [concealed] handgun, regardless of
689	689	whether the handgun is carried in a concealed or unconcealed
690	690	manner, of the same category as a handgun the person is licensed to
691	691	carry; or
692	692	(2) under circumstances in which the person would be
693	693	justified in the use of deadly force under Chapter 9, Penal Code,
694	694	shooting a handgun of the same category as a handgun the person is
695	695	licensed to carry.
696	696	SECTION 36. Section 284.001(e), Parks and Wildlife Code, is
697	697	amended to read as follows:
698	698	(e) This section does not limit the ability of a license
699	699	holder to carry a concealed or unconcealed handgun under the
700	700	authority of Subchapter H, Chapter 411, Government Code.
701	701	SECTION 37. Section 30.05(f), Penal Code, is amended to
702	702	read as follows:
703	703	(f) It is a defense to prosecution under this section that:
704	704	(1) the basis on which entry on the property or land or
705	705	in the building was forbidden is that entry with a handgun was
706	706	forbidden; and
707	707	(2) the person was carrying a [concealed] handgun,
708	708	regardless of whether the handgun was carried in a concealed or
709	709	unconcealed manner, and a license issued under Subchapter H,
710	710	Chapter 411, Government Code, to carry a concealed or unconcealed
711	711	handgun of the same category the person was carrying.
712	712	SECTION 38. Section 30.06(a), Penal Code, is amended to
713	713	read as follows:
714	714	(a) A license holder commits an offense if the license
715	715	holder:
716	716	(1) carries a concealed handgun under the authority of
717	717	Subchapter H, Chapter 411, Government Code, on property of another
718	718	without effective consent; and
719	719	(2) received notice that:
720	720	(A) entry on the property by a license holder
721	721	with a concealed handgun was forbidden; or
722	722	(B) remaining on the property with a concealed
723	723	handgun was forbidden and failed to depart.
724	724	SECTION 39. Chapter 30, Penal Code, is amended by adding
725	725	Section 30.07 to read as follows:
726	726	Sec. 30.07. TRESPASS BY HOLDER OF LICENSE TO CARRY
727	727	UNCONCEALED HANDGUN. (a) A license holder commits an offense if
728	728	the license holder:
729	729	(1) openly carries a handgun in an unconcealed manner
730	730	under the authority of Subchapter H, Chapter 411, Government Code,
731	731	on property of another without effective consent; and
732	732	(2) received notice that:
733	733	(A) entry on the property by a license holder
734	734	openly carrying an unconcealed handgun was forbidden; or
735	735	(B) remaining on the property while openly
736	736	carrying an unconcealed handgun was forbidden and failed to depart.
737	737	(b) For purposes of this section, a person receives notice
738	738	if the owner of the property or someone with apparent authority to
739	739	act for the owner provides notice to the person by oral or written
740	740	communication.
741	741	(c) In this section:
742	742	(1) "Entry" has the meaning assigned by Section
743	743	30.05(b).
744	744	(2) "License holder" has the meaning assigned by
745	745	Section 46.035(f).
746	746	(3) "Written communication" means:
747	747	(A) a card or other document on which is written
748	748	language identical to the following: "Pursuant to Section 30.07,
749	749	Penal Code (trespass by holder of license to carry an unconcealed
750	750	handgun), a person licensed under Subchapter H, Chapter 411,
751	751	Government Code, may not enter this property with an unconcealed
752	752	handgun that is carried openly"; or
753	753	(B) a sign posted on the property that:
754	754	(i) includes the language described by
755	755	Paragraph (A) in both English and Spanish;
756	756	(ii) appears in contrasting colors with
757	757	block letters at least one inch in height; and
758	758	(iii) is displayed in a conspicuous manner
759	759	clearly visible to the public at each entrance to the property.
760	760	(d) An offense under this section is a Class A misdemeanor.
761	761	(e) It is an exception to the application of this section
762	762	that the property on which the license holder openly carries the
763	763	unconcealed handgun is owned or leased by a governmental entity and
764	764	is not a premises or other place on which the license holder is
765	765	prohibited from carrying the handgun under Section 46.03 or 46.035.
766	766	SECTION 40. Section 46.02(a-1), Penal Code, is amended to
767	767	read as follows:
768	768	(a-1) A person commits an offense if the person
769	769	intentionally, knowingly, or recklessly carries on or about his or
770	770	her person a handgun in a motor vehicle or watercraft that is owned
771	771	by the person or under the person's control at any time in which:
772	772	(1) the handgun is in plain view, unless the handgun is
773	773	carried on the person in an unconcealed manner and the person is
774	774	licensed to carry a handgun under Subchapter H, Chapter 411,
775	775	Government Code; or
776	776	(2) the person is:
777	777	(A) engaged in criminal activity, other than a
778	778	Class C misdemeanor that is a violation of a law or ordinance
779	779	regulating traffic or boating;
780	780	(B) prohibited by law from possessing a firearm;
781	781	or
782	782	(C) a member of a criminal street gang, as
783	783	defined by Section 71.01.
784	784	SECTION 41. Section 46.03(f), Penal Code, is amended to
785	785	read as follows:
786	786	(f) It is not a defense to prosecution under this section
787	787	that the actor possessed a handgun, regardless of whether the
788	788	handgun was carried in a concealed or unconcealed manner, and was
789	789	licensed to carry a concealed or unconcealed handgun under
790	790	Subchapter H, Chapter 411, Government Code.
791	791	SECTION 42. Sections 46.035(a), (b), (c), (d), and (i),
792	792	Penal Code, are amended to read as follows:
793	793	(a) A license holder commits an offense if the license
794	794	holder carries a handgun on or about the license holder's person
795	795	under the authority of Subchapter H, Chapter 411, Government Code,
796	796	and intentionally fails to conceal the handgun, unless the license
797	797	holder is carrying the handgun in a shoulder or belt holster.
798	798	(b) A license holder commits an offense if the license
799	799	holder intentionally, knowingly, or recklessly carries a handgun
800	800	under the authority of Subchapter H, Chapter 411, Government Code,
801	801	regardless of whether the handgun is concealed or carried in a
802	802	shoulder or belt holster, on or about the license holder's person:
803	803	(1) on the premises of a business that has a permit or
804	804	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
805	805	Beverage Code, if the business derives 51 percent or more of its
806	806	income from the sale or service of alcoholic beverages for
807	807	on-premises consumption, as determined by the Texas Alcoholic
808	808	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
809	809	(2) on the premises where a high school, collegiate,
810	810	or professional sporting event or interscholastic event is taking
811	811	place, unless the license holder is a participant in the event and a
812	812	handgun is used in the event;
813	813	(3) on the premises of a correctional facility;
814	814	(4) on the premises of a hospital licensed under
815	815	Chapter 241, Health and Safety Code, or on the premises of a nursing
816	816	home licensed under Chapter 242, Health and Safety Code, unless the
817	817	license holder has written authorization of the hospital or nursing
818	818	home administration, as appropriate;
819	819	(5) in an amusement park; or
820	820	(6) on the premises of a church, synagogue, or other
821	821	established place of religious worship.
822	822	(c) A license holder commits an offense if the license
823	823	holder intentionally, knowingly, or recklessly carries a handgun
824	824	under the authority of Subchapter H, Chapter 411, Government Code,
825	825	regardless of whether the handgun is concealed or carried in a
826	826	shoulder or belt holster, at any meeting of a governmental entity.
827	827	(d) A license holder commits an offense if, while
828	828	intoxicated, the license holder carries a handgun under the
829	829	authority of Subchapter H, Chapter 411, Government Code, regardless
830	830	of whether the handgun is concealed or carried in a shoulder or belt
831	831	holster.
832	832	(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
833	833	if the actor was not given effective notice under Section 30.06 or
834	834	30.07.
835	835	SECTION 43. Sections 46.15(a) and (b), Penal Code, are
836	836	amended to read as follows:
837	837	(a) Sections 46.02 and 46.03 do not apply to:
838	838	(1) peace officers or special investigators under
839	839	Article 2.122, Code of Criminal Procedure, and neither section
840	840	prohibits a peace officer or special investigator from carrying a
841	841	weapon in this state, including in an establishment in this state
842	842	serving the public, regardless of whether the peace officer or
843	843	special investigator is engaged in the actual discharge of the
844	844	officer's or investigator's duties while carrying the weapon;
845	845	(2) parole officers and neither section prohibits an
846	846	officer from carrying a weapon in this state if the officer is:
847	847	(A) engaged in the actual discharge of the
848	848	officer's duties while carrying the weapon; and
849	849	(B) in compliance with policies and procedures
850	850	adopted by the Texas Department of Criminal Justice regarding the
851	851	possession of a weapon by an officer while on duty;
852	852	(3) community supervision and corrections department
853	853	officers appointed or employed under Section 76.004, Government
854	854	Code, and neither section prohibits an officer from carrying a
855	855	weapon in this state if the officer is:
856	856	(A) engaged in the actual discharge of the
857	857	officer's duties while carrying the weapon; and
858	858	(B) authorized to carry a weapon under Section
859	859	76.0051, Government Code;
860	860	(4) an active judicial officer as defined by Section
861	861	411.201, Government Code, who is licensed to carry a concealed or
862	862	unconcealed handgun under Subchapter H, Chapter 411, Government
863	863	Code;
864	864	(5) an honorably retired peace officer or federal
865	865	criminal investigator who holds a certificate of proficiency issued
866	866	under Section 1701.357, Occupations Code, and is carrying a photo
867	867	identification that:
868	868	(A) verifies that the officer honorably retired
869	869	after not less than 15 years of service as a commissioned officer;
870	870	and
871	871	(B) is issued by a state or local law enforcement
872	872	agency;
873	873	(6) a district attorney, criminal district attorney,
874	874	county attorney, or municipal attorney who is licensed to carry a
875	875	concealed or unconcealed handgun under Subchapter H, Chapter 411,
876	876	Government Code;
877	877	(7) an assistant district attorney, assistant
878	878	criminal district attorney, or assistant county attorney who is
879	879	licensed to carry a concealed or unconcealed handgun under
880	880	Subchapter H, Chapter 411, Government Code;
881	881	(8) a bailiff designated by an active judicial officer
882	882	as defined by Section 411.201, Government Code, who is:
883	883	(A) licensed to carry a concealed or unconcealed
884	884	handgun under Chapter 411, Government Code; and
885	885	(B) engaged in escorting the judicial officer; or
886	886	(9) a juvenile probation officer who is authorized to
887	887	carry a firearm under Section 142.006, Human Resources Code.
888	888	(b) Section 46.02 does not apply to a person who:
889	889	(1) is in the actual discharge of official duties as a
890	890	member of the armed forces or state military forces as defined by
891	891	Section 431.001, Government Code, or as a guard employed by a penal
892	892	institution;
893	893	(2) is traveling;
894	894	(3) is engaging in lawful hunting, fishing, or other
895	895	sporting activity on the immediate premises where the activity is
896	896	conducted, or is en route between the premises and the actor's
897	897	residence, motor vehicle, or watercraft, if the weapon is a type
898	898	commonly used in the activity;
899	899	(4) holds a security officer commission issued by the
900	900	Texas Private Security Board, if the person is engaged in the
901	901	performance of the person's duties as an officer commissioned under
902	902	Chapter 1702, Occupations Code, or is traveling to or from the
903	903	person's place of assignment and is wearing the officer's uniform
904	904	and carrying the officer's weapon in plain view;
905	905	(5) acts as a personal protection officer and carries
906	906	the person's security officer commission and personal protection
907	907	officer authorization, if the person:
908	908	(A) is engaged in the performance of the person's
909	909	duties as a personal protection officer under Chapter 1702,
910	910	Occupations Code, or is traveling to or from the person's place of
911	911	assignment; and
912	912	(B) is either:
913	913	(i) wearing the uniform of a security
914	914	officer, including any uniform or apparel described by Section
915	915	1702.323(d), Occupations Code, and carrying the officer's weapon in
916	916	plain view; or
917	917	(ii) not wearing the uniform of a security
918	918	officer and carrying the officer's weapon in a concealed manner;
919	919	(6) is carrying a [concealed] handgun, regardless of
920	920	whether the handgun is carried in a concealed or unconcealed
921	921	manner, and a valid license issued under Subchapter H, Chapter 411,
922	922	Government Code, to carry a concealed or unconcealed handgun of the
923	923	same category as the handgun the person is carrying;
924	924	(7) holds an alcoholic beverage permit or license or
925	925	is an employee of a holder of an alcoholic beverage permit or
926	926	license if the person is supervising the operation of the permitted
927	927	or licensed premises; or
928	928	(8) is a student in a law enforcement class engaging in
929	929	an activity required as part of the class, if the weapon is a type
930	930	commonly used in the activity and the person is:
931	931	(A) on the immediate premises where the activity
932	932	is conducted; or
933	933	(B) en route between those premises and the
934	934	person's residence and is carrying the weapon unloaded.
935	935	SECTION 44. The change in law made by this Act relating to
936	936	the authority of a license holder to carry an unconcealed handgun
937	937	applies to the carrying of a handgun on or after the effective date
938	938	of this Act by any person who:
939	939	(1) holds a license issued under Subchapter H, Chapter
940	940	411, Government Code, regardless of whether the person's license
941	941	was issued before, on, or after the effective date of this Act; or
942	942	(2) applies for the issuance of a license under that
943	943	subchapter, regardless of whether the person applied for the
944	944	license before, on, or after the effective date of this Act.
945	945	SECTION 45. The changes in law made by this Act to Sections
946	946	30.05, 30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply
947	947	only to an offense committed on or after the effective date of this
948	948	Act. An offense committed before the effective date of this Act is
949	949	governed by the law in effect when the offense was committed, and
950	950	the former law is continued in effect for that purpose. For
951	951	purposes of this section, an offense was committed before the
952	952	effective date of this Act if any element of the offense occurred
953	953	before that date.
954	954	SECTION 46. This Act takes effect September 1, 2013.