Texas 2015 - 84th Regular

Texas House Bill HB1651 Compare Versions

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

Old	New	Differences
1	1	84R6905 JSC-F
2	2	By: Turner of Collin H.B. No. 1651
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 a secured handgun; creating a criminal
9	9	offense; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
12	12	amended to read as follows:
13	13	(a) Each holder of a permit who is not otherwise required to
14	14	display a sign under Section 411.204, Government Code, shall
15	15	display in a prominent place on the permit holder's premises a sign
16	16	giving notice that it is unlawful for a person to carry a weapon on
17	17	the premises unless the weapon is a concealed or unconcealed
18	18	handgun the person is licensed to carry under Subchapter H, Chapter
19	19	411, Government Code.
20	20	SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
21	21	amended to read as follows:
22	22	(e) Except as provided by Subsection (f) or (i), the
23	23	commission or administrator shall cancel an original or renewal
24	24	permit if it is found, after notice and hearing, that the permittee
25	25	knowingly allowed a person to possess a firearm in a building on the
26	26	licensed premises. This subsection does not apply to a person:
27	27	(1) who holds a security officer commission issued
28	28	under Chapter 1702, Occupations Code, if:
29	29	(A) the person is engaged in the performance of
30	30	the person's duties as a security officer;
31	31	(B) the person is wearing a distinctive uniform;
32	32	and
33	33	(C) the weapon is in plain view;
34	34	(2) who is a peace officer;
35	35	(3) who is a permittee or an employee of a permittee if
36	36	the person is supervising the operation of the premises; or
37	37	(4) who possesses a [concealed] handgun the person is
38	38	licensed to carry under Subchapter H, Chapter 411, Government Code,
39	39	regardless of whether the handgun is carried in a concealed or
40	40	unconcealed manner, unless the person is on the premises of a
41	41	business described by Section 46.035(b)(1), Penal Code.
42	42	SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is
43	43	amended to read as follows:
44	44	(a) Each holder of a license who is not otherwise required
45	45	to display a sign under Section 411.204, Government Code, shall
46	46	display in a prominent place on the license holder's premises a sign
47	47	giving notice that it is unlawful for a person to carry a weapon on
48	48	the premises unless the weapon is a concealed or unconcealed
49	49	handgun the person is licensed to carry under Subchapter H, Chapter
50	50	411, Government Code.
51	51	SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
52	52	amended to read as follows:
53	53	(f) Except as provided by Subsection (g) or (j), the
54	54	commission or administrator shall cancel an original or renewal
55	55	dealer's on-premises or off-premises license if it is found, after
56	56	notice and hearing, that the licensee knowingly allowed a person to
57	57	possess a firearm in a building on the licensed premises. This
58	58	subsection does not apply to a person:
59	59	(1) who holds a security officer commission issued
60	60	under Chapter 1702, Occupations Code, if:
61	61	(A) the person is engaged in the performance of
62	62	the person's duties as a security officer;
63	63	(B) the person is wearing a distinctive uniform;
64	64	and
65	65	(C) the weapon is in plain view;
66	66	(2) who is a peace officer;
67	67	(3) who is a licensee or an employee of a licensee if
68	68	the person is supervising the operation of the premises; or
69	69	(4) who possesses a [concealed] handgun the person is
70	70	licensed to carry under Subchapter H, Chapter 411, Government Code,
71	71	regardless of whether the handgun is carried in a concealed or
72	72	unconcealed manner, unless the person is on the premises of a
73	73	business described by Section 46.035(b)(1), Penal 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 17.292(l), Code of Criminal Procedure,
80	80	is amended to read as follows:
81	81	(l) In the order for emergency protection, the magistrate
82	82	shall suspend a license to carry a concealed or unconcealed handgun
83	83	issued under Subchapter H, Chapter 411, Government Code, that is
84	84	held by the defendant.
85	85	SECTION 7. Article 17.293, Code of Criminal Procedure, is
86	86	amended to read as follows:
87	87	Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
88	88	OTHER PERSONS. The magistrate or the clerk of the magistrate's
89	89	court issuing an order for emergency protection under Article
90	90	17.292 that suspends a license to carry a concealed or unconcealed
91	91	handgun shall immediately send a copy of the order to the
92	92	appropriate division of the Department of Public Safety at its
93	93	Austin headquarters. On receipt of the order suspending the
94	94	license, the department shall:
95	95	(1) record the suspension of the license in the
96	96	records of the department;
97	97	(2) report the suspension to local law enforcement
98	98	agencies, as appropriate; and
99	99	(3) demand surrender of the suspended license from the
100	100	license holder.
101	101	SECTION 8. Sections 37.0811(d) and (f), Education Code, are
102	102	amended to read as follows:
103	103	(d) Any written regulations adopted for purposes of
104	104	Subsection (c) must provide that a school marshal may carry a
105	105	concealed or unconcealed handgun as described by Subsection (c),
106	106	except that if the primary duty of the school marshal involves
107	107	regular, direct contact with students, the marshal may not carry a
108	108	concealed or unconcealed handgun but may possess a handgun on the
109	109	physical premises of a school in a locked and secured safe within
110	110	the marshal's immediate reach when conducting the marshal's primary
111	111	duty. The written regulations must also require that a handgun
112	112	carried by or within access of a school marshal may be loaded only
113	113	with frangible ammunition designed to disintegrate on impact for
114	114	maximum safety and minimal danger to others.
115	115	(f) A school district or charter school employee's status as
116	116	a school marshal becomes inactive on:
117	117	(1) expiration of the employee's school marshal
118	118	license under Section 1701.260, Occupations Code;
119	119	(2) suspension or revocation of the employee's license
120	120	to carry a concealed or unconcealed handgun issued under Subchapter
121	121	H, Chapter 411, Government Code;
122	122	(3) termination of the employee's employment with the
123	123	district or charter school; or
124	124	(4) notice from the board of trustees of the district
125	125	or the governing body of the charter school that the employee's
126	126	services as school marshal are no longer required.
127	127	SECTION 9. Section 63.0101, Election Code, is amended to
128	128	read as follows:
129	129	Sec. 63.0101. DOCUMENTATION OF PROOF OF
130	130	IDENTIFICATION. The following documentation is an acceptable form
131	131	of photo identification under this chapter:
132	132	(1) a driver's license, election identification
133	133	certificate, or personal identification card issued to the person
134	134	by the Department of Public Safety that has not expired or that
135	135	expired no earlier than 60 days before the date of presentation;
136	136	(2) a United States military identification card that
137	137	contains the person's photograph that has not expired or that
138	138	expired no earlier than 60 days before the date of presentation;
139	139	(3) a United States citizenship certificate issued to
140	140	the person that contains the person's photograph;
141	141	(4) a United States passport issued to the person that
142	142	has not expired or that expired no earlier than 60 days before the
143	143	date of presentation; or
144	144	(5) a license to carry a concealed or unconcealed
145	145	handgun issued to the person by the Department of Public Safety that
146	146	has not expired or that expired no earlier than 60 days before the
147	147	date of presentation.
148	148	SECTION 10. Section 2.005(b), Family Code, is amended to
149	149	read as follows:
150	150	(b) The proof must be established by:
151	151	(1) a driver's license or identification card issued
152	152	by this state, another state, or a Canadian province that is current
153	153	or has expired not more than two years preceding the date the
154	154	identification is submitted to the county clerk in connection with
155	155	an application for a license;
156	156	(2) a United States passport;
157	157	(3) a current passport issued by a foreign country or a
158	158	consular document issued by a state or national government;
159	159	(4) an unexpired Certificate of United States
160	160	Citizenship, Certificate of Naturalization, United States Citizen
161	161	Identification Card, Permanent Resident Card, Temporary Resident
162	162	Card, Employment Authorization Card, or other document issued by
163	163	the federal Department of Homeland Security or the United States
164	164	Department of State including an identification photograph;
165	165	(5) an unexpired military identification card for
166	166	active duty, reserve, or retired personnel with an identification
167	167	photograph;
168	168	(6) an original or certified copy of a birth
169	169	certificate issued by a bureau of vital statistics for a state or a
170	170	foreign government;
171	171	(7) an original or certified copy of a Consular Report
172	172	of Birth Abroad or Certificate of Birth Abroad issued by the United
173	173	States Department of State;
174	174	(8) an original or certified copy of a court order
175	175	relating to the applicant's name change or sex change;
176	176	(9) school records from a secondary school or
177	177	institution of higher education;
178	178	(10) an insurance policy continuously valid for the
179	179	two years preceding the date of the application for a license;
180	180	(11) a motor vehicle certificate of title;
181	181	(12) military records, including documentation of
182	182	release or discharge from active duty or a draft record;
183	183	(13) an unexpired military dependent identification
184	184	card;
185	185	(14) an original or certified copy of the applicant's
186	186	marriage license or divorce decree;
187	187	(15) a voter registration certificate;
188	188	(16) a pilot's license issued by the Federal Aviation
189	189	Administration or another authorized agency of the United States;
190	190	(17) a license to carry a concealed or unconcealed
191	191	handgun under Subchapter H, Chapter 411, Government Code;
192	192	(18) a temporary driving permit or a temporary
193	193	identification card issued by the Department of Public Safety; or
194	194	(19) an offender identification card issued by the
195	195	Texas Department of Criminal Justice.
196	196	SECTION 11. Section 58.003(m), Family Code, is amended to
197	197	read as follows:
198	198	(m) On request of the Department of Public Safety, a
199	199	juvenile court shall reopen and allow the department to inspect the
200	200	files and records of the juvenile court relating to an applicant for
201	201	a license to carry a concealed or unconcealed handgun under
202	202	Subchapter H, Chapter 411, Government Code.
203	203	SECTION 12. Section 85.022(d), Family Code, is amended to
204	204	read as follows:
205	205	(d) In a protective order, the court shall suspend a license
206	206	to carry a concealed or unconcealed handgun issued under Subchapter
207	207	H, Chapter 411, Government Code, that is held by a person found to
208	208	have committed family violence.
209	209	SECTION 13. Section 85.042(e), Family Code, is amended to
210	210	read as follows:
211	211	(e) The clerk of the court issuing an original or modified
212	212	protective order under Section 85.022 that suspends a license to
213	213	carry a concealed or unconcealed handgun shall send a copy of the
214	214	order to the appropriate division of the Department of Public
215	215	Safety at its Austin headquarters. On receipt of the order
216	216	suspending the license, the department shall:
217	217	(1) record the suspension of the license in the
218	218	records of the department;
219	219	(2) report the suspension to local law enforcement
220	220	agencies, as appropriate; and
221	221	(3) demand surrender of the suspended license from the
222	222	license holder.
223	223	SECTION 14. The heading to Section 411.047, Government
224	224	Code, is amended to read as follows:
225	225	Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED]
226	226	HANDGUN INCIDENTS INVOLVING LICENSE HOLDERS.
227	227	SECTION 15. Section 411.0625, Government Code, is amended
228	228	to read as follows:
229	229	Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a)
230	230	The department shall allow a person to enter the Capitol and the
231	231	Capitol Extension, including any public space in the Capitol or
232	232	Capitol Extension, in the same manner as the department allows
233	233	entry to a person who presents a [concealed handgun] license to
234	234	carry a concealed or unconcealed handgun under Subchapter H if the
235	235	person:
236	236	(1) obtains from the department a Capitol access pass;
237	237	and
238	238	(2) presents the pass to the appropriate law
239	239	enforcement official when entering the building or a space within
240	240	the building.
241	241	(b) To be eligible for a Capitol access pass, a person must
242	242	meet the eligibility requirements applicable to a license to carry
243	243	a concealed or unconcealed handgun under Subchapter H, other than
244	244	requirements regarding evidence of handgun proficiency.
245	245	(c) The department shall adopt rules to establish a
246	246	procedure by which a resident of the state may apply for and be
247	247	issued a Capitol access pass. Rules adopted under this section
248	248	must include provisions for eligibility, application, approval,
249	249	issuance, and renewal that:
250	250	(1) require the department to conduct the same
251	251	background check on an applicant for a Capitol access pass that is
252	252	conducted on an applicant for a [concealed handgun] license to
253	253	carry a concealed or unconcealed handgun under Subchapter H;
254	254	(2) enable the department to conduct the background
255	255	check described by Subdivision (1); and
256	256	(3) establish application and renewal fees in amounts
257	257	sufficient to cover the cost of administering this section, not to
258	258	exceed the amounts of similar fees required under Section 411.174
259	259	for a [concealed handgun] license to carry a concealed or
260	260	unconcealed handgun under Subchapter H [Section 411.174].
261	261	SECTION 16. The heading to Subchapter H, Chapter 411,
262	262	Government Code, is amended to read as follows:
263	263	SUBCHAPTER H. LICENSE TO CARRY A CONCEALED
264	264	OR UNCONCEALED HANDGUN
265	265	SECTION 17. Section 411.171, Government Code, is amended by
266	266	adding Subdivision (8) to read as follows:
267	267	(8) "Unconcealed handgun" means a loaded or unloaded
268	268	handgun that is:
269	269	(A) carried on or about the person:
270	270	(i) in a holster; or
271	271	(ii) with another device intended to secure
272	272	the handgun; and
273	273	(B) wholly or partially visible.
274	274	SECTION 18. Sections 411.172(a), (b-1), (g), and (h),
275	275	Government Code, are amended to read as follows:
276	276	(a) A person is eligible for a license to carry a concealed
277	277	or unconcealed handgun if the person:
278	278	(1) is a legal resident of this state for the six-month
279	279	period preceding the date of application under this subchapter or
280	280	is otherwise eligible for a license under Section 411.173(a);
281	281	(2) is at least 21 years of age;
282	282	(3) has not been convicted of a felony;
283	283	(4) is not charged with the commission of a Class A or
284	284	Class B misdemeanor or equivalent offense, or of an offense under
285	285	Section 42.01, Penal Code, or equivalent offense, or of a felony
286	286	under an information or indictment;
287	287	(5) is not a fugitive from justice for a felony or a
288	288	Class A or Class B misdemeanor or equivalent offense;
289	289	(6) is not a chemically dependent person;
290	290	(7) is not incapable of exercising sound judgment with
291	291	respect to the proper use and storage of a handgun;
292	292	(8) has not, in the five years preceding the date of
293	293	application, been convicted of a Class A or Class B misdemeanor or
294	294	equivalent offense or of an offense under Section 42.01, Penal
295	295	Code, or equivalent offense;
296	296	(9) is fully qualified under applicable federal and
297	297	state law to purchase a handgun;
298	298	(10) has not been finally determined to be delinquent
299	299	in making a child support payment administered or collected by the
300	300	attorney general;
301	301	(11) has not been finally determined to be delinquent
302	302	in the payment of a tax or other money collected by the comptroller,
303	303	the tax collector of a political subdivision of the state, or any
304	304	agency or subdivision of the state;
305	305	(12) is not currently restricted under a court
306	306	protective order or subject to a restraining order affecting the
307	307	spousal relationship, other than a restraining order solely
308	308	affecting property interests;
309	309	(13) has not, in the 10 years preceding the date of
310	310	application, been adjudicated as having engaged in delinquent
311	311	conduct violating a penal law of the grade of felony; and
312	312	(14) has not made any material misrepresentation, or
313	313	failed to disclose any material fact, in an application submitted
314	314	pursuant to Section 411.174.
315	315	(b-1) An offense is not considered a felony for purposes of
316	316	Subsection (b) if, at the time of a person's application for a
317	317	license to carry a concealed or unconcealed handgun, the offense:
318	318	(1) is not designated by a law of this state as a
319	319	felony; and
320	320	(2) does not contain all the elements of any offense
321	321	designated by a law of this state as a felony.
322	322	(g) Notwithstanding Subsection (a)(2), a person who is at
323	323	least 18 years of age but not yet 21 years of age is eligible for a
324	324	license to carry a concealed or unconcealed handgun if the person:
325	325	(1) is a member or veteran of the United States armed
326	326	forces, including a member or veteran of the reserves or national
327	327	guard;
328	328	(2) was discharged under honorable conditions, if
329	329	discharged from the United States armed forces, reserves, or
330	330	national guard; and
331	331	(3) meets the other eligibility requirements of
332	332	Subsection (a) except for the minimum age required by federal law to
333	333	purchase a handgun.
334	334	(h) The issuance of a license to carry a concealed or
335	335	unconcealed handgun to a person eligible under Subsection (g) does
336	336	not affect the person's ability to purchase a handgun or ammunition
337	337	under federal law.
338	338	SECTION 19. Section 411.173(b), Government Code, is amended
339	339	to read as follows:
340	340	(b) The governor shall negotiate an agreement with any other
341	341	state that provides for the issuance of a license to carry a
342	342	concealed or unconcealed handgun under which a license issued by
343	343	the other state is recognized in this state or shall issue a
344	344	proclamation that a license issued by the other state is recognized
345	345	in this state if the attorney general of the State of Texas
346	346	determines that a background check of each applicant for a license
347	347	issued by that state is initiated by state or local authorities or
348	348	an agent of the state or local authorities before the license is
349	349	issued. For purposes of this subsection, "background check" means
350	350	a search of the National Crime Information Center database and the
351	351	Interstate Identification Index maintained by the Federal Bureau of
352	352	Investigation.
353	353	SECTION 20. Section 411.174(a), Government Code, is amended
354	354	to read as follows:
355	355	(a) An applicant for a license to carry a concealed or
356	356	unconcealed handgun must submit to the director's designee
357	357	described by Section 411.176:
358	358	(1) a completed application on a form provided by the
359	359	department that requires only the information listed in Subsection
360	360	(b);
361	361	(2) one or more photographs of the applicant that meet
362	362	the requirements of the department;
363	363	(3) a certified copy of the applicant's birth
364	364	certificate or certified proof of age;
365	365	(4) proof of residency in this state;
366	366	(5) two complete sets of legible and classifiable
367	367	fingerprints of the applicant taken by a person appropriately
368	368	trained in recording fingerprints who is employed by a law
369	369	enforcement agency or by a private entity designated by a law
370	370	enforcement agency as an entity qualified to take fingerprints of
371	371	an applicant for a license under this subchapter;
372	372	(6) a nonrefundable application and license fee of
373	373	$140 paid to the department;
374	374	(7) evidence of handgun proficiency, in the form and
375	375	manner required by the department;
376	376	(8) an affidavit signed by the applicant stating that
377	377	the applicant:
378	378	(A) has read and understands each provision of
379	379	this subchapter that creates an offense under the laws of this state
380	380	and each provision of the laws of this state related to use of
381	381	deadly force; and
382	382	(B) fulfills all the eligibility requirements
383	383	listed under Section 411.172; and
384	384	(9) a form executed by the applicant that authorizes
385	385	the director to make an inquiry into any noncriminal history
386	386	records that are necessary to determine the applicant's eligibility
387	387	for a license under Section 411.172(a).
388	388	SECTION 21. Section 411.177(a), Government Code, is amended
389	389	to read as follows:
390	390	(a) The department shall issue a license to carry a
391	391	concealed or unconcealed handgun to an applicant if the applicant
392	392	meets all the eligibility requirements and submits all the
393	393	application materials. The department shall administer the
394	394	licensing procedures in good faith so that any applicant who meets
395	395	all the eligibility requirements and submits all the application
396	396	materials shall receive a license. The department may not deny an
397	397	application on the basis of a capricious or arbitrary decision by
398	398	the department.
399	399	SECTION 22. Section 411.185(c), Government Code, is amended
400	400	to read as follows:
401	401	(c) The director by rule shall adopt an informational form
402	402	that describes state law regarding the use of deadly force and the
403	403	places where it is unlawful for the holder of a license issued under
404	404	this subchapter to carry a concealed or unconcealed handgun. An
405	405	applicant for a renewed license must sign and return the
406	406	informational form to the department by mail or acknowledge the
407	407	form electronically on the Internet according to the procedure
408	408	adopted under Subsection (f).
409	409	SECTION 23. Section 411.188(g), Government Code, is amended
410	410	to read as follows:
411	411	(g) A person who wishes to obtain a license to carry a
412	412	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 24. Sections 411.190(c) and (f), Government Code,
417	417	are amended to read as follows:
418	418	(c) In the manner applicable to a person who applies for a
419	419	license to carry a concealed or unconcealed handgun, the department
420	420	shall conduct a background check of a person who applies for
421	421	certification as a qualified handgun instructor. If the background
422	422	check indicates that the applicant for certification would not
423	423	qualify to receive a handgun license, the department may not
424	424	certify the applicant as a qualified handgun instructor. If the
425	425	background check indicates that the applicant for certification
426	426	would qualify to receive a handgun license, the department shall
427	427	provide handgun instructor training to the applicant. The
428	428	applicant shall pay a fee of $100 to the department for the
429	429	training. The applicant must take and successfully complete the
430	430	training offered by the department and pay the training fee before
431	431	the department may certify the applicant as a qualified handgun
432	432	instructor. The department shall issue a license to carry a
433	433	concealed or unconcealed handgun under the authority of this
434	434	subchapter to any person who is certified as a qualified handgun
435	435	instructor and who pays to the department a fee of $100 in addition
436	436	to the training fee. The department by rule may prorate or waive
437	437	the training fee for an employee of another governmental entity.
438	438	(f) If the department determines that a reason exists to
439	439	revoke, suspend, or deny a license to carry a concealed or
440	440	unconcealed handgun with respect to a person who is a qualified
441	441	handgun instructor or an applicant for certification as a qualified
442	442	handgun instructor, the department shall take that action against
443	443	the person's:
444	444	(1) license to carry a concealed or unconcealed
445	445	handgun if the person is an applicant for or the holder of a license
446	446	issued under this subchapter; and
447	447	(2) certification as a qualified handgun instructor.
448	448	SECTION 25. Section 411.1901(c), Government Code, is
449	449	amended to read as follows:
450	450	(c) A qualified handgun instructor certified in school
451	451	safety under this section may provide school safety training,
452	452	including instruction in the subjects listed under Subsection (a),
453	453	to employees of a school district or an open-enrollment charter
454	454	school who hold a license to carry a concealed or unconcealed
455	455	handgun issued under this subchapter.
456	456	SECTION 26. Section 411.198(a), Government Code, is amended
457	457	to read as follows:
458	458	(a) On written approval of the director, the department may
459	459	issue to a law enforcement officer an alias license to carry a
460	460	concealed or unconcealed handgun to be used in supervised
461	461	activities involving criminal investigations.
462	462	SECTION 27. Sections 411.201(c), (d), (e), and (h),
463	463	Government Code, are amended to read as follows:
464	464	(c) An active judicial officer is eligible for a license to
465	465	carry a concealed or unconcealed handgun under the authority of
466	466	this subchapter. A retired judicial officer is eligible for a
467	467	license to carry a concealed or unconcealed handgun under the
468	468	authority of this subchapter if the officer:
469	469	(1) has not been convicted of a felony;
470	470	(2) has not, in the five years preceding the date of
471	471	application, been convicted of a Class A or Class B misdemeanor or
472	472	equivalent offense;
473	473	(3) is not charged with the commission of a Class A or
474	474	Class B misdemeanor or equivalent offense or of a felony under an
475	475	information or indictment;
476	476	(4) is not a chemically dependent person; and
477	477	(5) is not a person of unsound mind.
478	478	(d) An applicant for a license who is an active or retired
479	479	judicial officer must submit to the department:
480	480	(1) a completed application, including all required
481	481	affidavits, on a form prescribed by the department;
482	482	(2) one or more photographs of the applicant that meet
483	483	the requirements of the department;
484	484	(3) two complete sets of legible and classifiable
485	485	fingerprints of the applicant, including one set taken by a person
486	486	employed by a law enforcement agency who is appropriately trained
487	487	in recording fingerprints;
488	488	(4) evidence of handgun proficiency, in the form and
489	489	manner required by the department for an applicant under this
490	490	section;
491	491	(5) a nonrefundable application and license fee set by
492	492	the department in an amount reasonably designed to cover the
493	493	administrative costs associated with issuance of a license to carry
494	494	a concealed or unconcealed handgun under this subchapter; and
495	495	(6) if the applicant is a retired judicial officer, a
496	496	form executed by the applicant that authorizes the department to
497	497	make an inquiry into any noncriminal history records that are
498	498	necessary to determine the applicant's eligibility for a license
499	499	under this subchapter.
500	500	(e) On receipt of all the application materials required by
501	501	this section, the department shall:
502	502	(1) if the applicant is an active judicial officer,
503	503	issue a license to carry a concealed or unconcealed handgun under
504	504	the authority of this subchapter; or
505	505	(2) if the applicant is a retired judicial officer,
506	506	conduct an appropriate background investigation to determine the
507	507	applicant's eligibility for the license and, if the applicant is
508	508	eligible, issue a license to carry a concealed or unconcealed
509	509	handgun under the authority of this subchapter.
510	510	(h) The department shall issue a license to carry a
511	511	concealed or unconcealed handgun under the authority of this
512	512	subchapter to an elected attorney representing the state in the
513	513	prosecution of felony cases who meets the requirements of this
514	514	section for an active judicial officer. The department shall waive
515	515	any fee required for the issuance of an original, duplicate, or
516	516	renewed license under this subchapter for an applicant who is an
517	517	attorney elected or employed to represent the state in the
518	518	prosecution of felony cases.
519	519	SECTION 28. Section 411.203, Government Code, is amended to
520	520	read as follows:
521	521	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
522	522	not prevent or otherwise limit the right of a public or private
523	523	employer to prohibit persons who are licensed under this subchapter
524	524	from carrying a concealed handgun or an unconcealed handgun on the
525	525	premises of the business. In this section, "premises" has the
526	526	meaning assigned by Section 46.035(f)(3), Penal Code.
527	527	SECTION 29. Section 411.2032(b), Government Code, is
528	528	amended to read as follows:
529	529	(b) An institution of higher education or private or
530	530	independent institution of higher education in this state may not
531	531	adopt or enforce any rule, regulation, or other provision or take
532	532	any other action, including posting notice under Section 30.06 or
533	533	30.07, Penal Code, prohibiting or placing restrictions on the
534	534	storage or transportation of a firearm or ammunition in a locked,
535	535	privately owned or leased motor vehicle by a person, including a
536	536	student enrolled at that institution, who holds a license to carry a
537	537	concealed or unconcealed handgun under this subchapter and lawfully
538	538	possesses the firearm or ammunition:
539	539	(1) on a street or driveway located on the campus of
540	540	the institution; or
541	541	(2) in a parking lot, parking garage, or other parking
542	542	area located on the campus of the institution.
543	543	SECTION 30. Subchapter H, Chapter 411, Government Code, is
544	544	amended by adding Section 411.2051 to read as follows:
545	545	Sec. 411.2051. CERTAIN INQUIRIES PROHIBITED.
546	546	Notwithstanding Section 411.205, a peace officer may not inquire
547	547	as to whether a person possesses a handgun license solely because
548	548	the person is carrying a handgun.
549	549	SECTION 31. Section 411.207, Government Code, is amended by
550	550	adding Subsection (a-1) to read as follows:
551	551	(a-1) A peace officer may not disarm or detain a person
552	552	under Subsection (a) solely because the person is carrying a
553	553	handgun.
554	554	SECTION 32. Section 12.092(b), Health and Safety Code, is
555	555	amended to read as follows:
556	556	(b) The medical advisory board shall assist the Department
557	557	of Public Safety of the State of Texas in determining whether:
558	558	(1) an applicant for a driver's license or a license
559	559	holder is capable of safely operating a motor vehicle; or
560	560	(2) an applicant for or holder of a license to carry a
561	561	concealed or unconcealed handgun under the authority of Subchapter
562	562	H, Chapter 411, Government Code, or an applicant for or holder of a
563	563	commission as a security officer under Chapter 1702, Occupations
564	564	Code, is capable of exercising sound judgment with respect to the
565	565	proper use and storage of a handgun.
566	566	SECTION 33. Sections 52.061 and 52.062, Labor Code, are
567	567	amended to read as follows:
568	568	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
569	569	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
570	570	may not prohibit an employee who holds a license to carry a
571	571	concealed or unconcealed handgun under Subchapter H, Chapter 411,
572	572	Government Code, who otherwise lawfully possesses a firearm, or who
573	573	lawfully possesses ammunition from transporting or storing a
574	574	firearm or ammunition the employee is authorized by law to possess
575	575	in a locked, privately owned motor vehicle in a parking lot, parking
576	576	garage, or other parking area the employer provides for employees.
577	577	Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
578	578	(1) authorize a person who holds a license to carry a
579	579	concealed or unconcealed handgun under Subchapter H, Chapter 411,
580	580	Government Code, who otherwise lawfully possesses a firearm, or who
581	581	lawfully possesses ammunition to possess a firearm or ammunition on
582	582	any property where the possession of a firearm or ammunition is
583	583	prohibited by state or federal law; or
584	584	(2) apply to:
585	585	(A) a vehicle owned or leased by a public or
586	586	private employer and used by an employee in the course and scope of
587	587	the employee's employment, unless the employee is required to
588	588	transport or store a firearm in the official discharge of the
589	589	employee's duties;
590	590	(B) a school district;
591	591	(C) an open-enrollment charter school, as
592	592	defined by Section 5.001, Education Code;
593	593	(D) a private school, as defined by Section
594	594	22.081, Education Code;
595	595	(E) property owned or controlled by a person,
596	596	other than the employer, that is subject to a valid, unexpired oil,
597	597	gas, or other mineral lease that contains a provision prohibiting
598	598	the possession of firearms on the property; or
599	599	(F) property owned or leased by a chemical
600	600	manufacturer or oil and gas refiner with an air authorization under
601	601	Chapter 382, Health and Safety Code, and on which the primary
602	602	business conducted is the manufacture, use, storage, or
603	603	transportation of hazardous, combustible, or explosive materials,
604	604	except in regard to an employee who holds a license to carry a
605	605	concealed or unconcealed handgun under Subchapter H, Chapter 411,
606	606	Government Code, and who stores a firearm or ammunition the
607	607	employee is authorized by law to possess in a locked, privately
608	608	owned motor vehicle in a parking lot, parking garage, or other
609	609	parking area the employer provides for employees that is outside of
610	610	a secured and restricted area:
611	611	(i) that contains the physical plant;
612	612	(ii) that is not open to the public; and
613	613	(iii) the ingress into which is constantly
614	614	monitored by security personnel.
615	615	(b) Section 52.061 does not prohibit an employer from
616	616	prohibiting an employee who holds a license to carry a concealed or
617	617	unconcealed handgun under Subchapter H, Chapter 411, Government
618	618	Code, or who otherwise lawfully possesses a firearm, from
619	619	possessing a firearm the employee is otherwise authorized by law to
620	620	possess on the premises of the employer's business. In this
621	621	subsection, "premises" has the meaning assigned by Section
622	622	46.035(f)(3), Penal Code.
623	623	SECTION 34. (a) Section 118.011(b), Local Government Code,
624	624	as effective until September 1, 2019, is amended to read as follows:
625	625	(b) The county clerk may set and collect the following fee
626	626	from any person:
627	627	(1) Returned Check (Sec. 118.0215) . . . . . . not
628	628	less than $15 or more than $30
629	629	(2) Records Management and Preservation Fee (Sec.
630	630	118.0216) . . . . . . . . . . . . . . . . . . . . not more than
631	631	$10
632	632	(3) Mental Health Background Check for License to
633	633	Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217)
634	634	. . . . . not more than $2
635	635	(b) This section takes effect September 1, 2015.
636	636	SECTION 35. (a) Section 118.011(b), Local Government Code,
637	637	as effective September 1, 2019, is amended to read as follows:
638	638	(b) The county clerk may set and collect the following fee
639	639	from any person:
640	640	(1) Returned Check (Sec. 118.0215) . . . . . . not
641	641	less than $15 or more than $30
642	642	(2) Records Management and Preservation Fee (Sec.
643	643	118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
644	644	than $5
645	645	(3) Mental Health Background Check for License to
646	646	Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217)
647	647	. . . . . not more than $2
648	648	(b) This section takes effect September 1, 2019.
649	649	SECTION 36. Section 118.0217(a), Local Government Code, is
650	650	amended to read as follows:
651	651	(a) The fee for a "mental health background check for
652	652	license to carry a concealed or unconcealed handgun [weapon]" is
653	653	for a check, conducted by the county clerk at the request of the
654	654	Texas Department of Public Safety, of the county records involving
655	655	the mental condition of a person who applies for a license to carry
656	656	a concealed or unconcealed handgun under Subchapter H, Chapter 411,
657	657	Government Code. The fee, not to exceed $2, will be paid from the
658	658	application fee submitted to the Department of Public Safety
659	659	according to Section 411.174(a)(6), Government Code.
660	660	SECTION 37. Section 229.001(b), Local Government Code, is
661	661	amended to read as follows:
662	662	(b) Subsection (a) does not affect the authority a
663	663	municipality has under another law to:
664	664	(1) require residents or public employees to be armed
665	665	for personal or national defense, law enforcement, or another
666	666	lawful purpose;
667	667	(2) regulate the discharge of firearms or air guns
668	668	within the limits of the municipality, other than at a sport
669	669	shooting range;
670	670	(3) regulate the use of property, the location of a
671	671	business, or uses at a business under the municipality's fire code,
672	672	zoning ordinance, or land-use regulations as long as the code,
673	673	ordinance, or regulations are not used to circumvent the intent of
674	674	Subsection (a) or Subdivision (5) of this subsection;
675	675	(4) regulate the use of firearms or air guns in the
676	676	case of an insurrection, riot, or natural disaster if the
677	677	municipality finds the regulations necessary to protect public
678	678	health and safety;
679	679	(5) regulate the storage or transportation of
680	680	explosives to protect public health and safety, except that 25
681	681	pounds or less of black powder for each private residence and 50
682	682	pounds or less of black powder for each retail dealer are not
683	683	subject to regulation;
684	684	(6) regulate the carrying of a firearm or air gun by a
685	685	person other than a person licensed to carry a concealed or
686	686	unconcealed handgun under Subchapter H, Chapter 411, Government
687	687	Code, at a:
688	688	(A) public park;
689	689	(B) public meeting of a municipality, county, or
690	690	other governmental body;
691	691	(C) political rally, parade, or official
692	692	political meeting; or
693	693	(D) nonfirearms-related school, college, or
694	694	professional athletic event;
695	695	(7) regulate the hours of operation of a sport
696	696	shooting range, except that the hours of operation may not be more
697	697	limited than the least limited hours of operation of any other
698	698	business in the municipality other than a business permitted or
699	699	licensed to sell or serve alcoholic beverages for on-premises
700	700	consumption; or
701	701	(8) regulate the carrying of an air gun by a minor on:
702	702	(A) public property; or
703	703	(B) private property without consent of the
704	704	property owner.
705	705	SECTION 38. The heading to Section 1701.260, Occupations
706	706	Code, is amended to read as follows:
707	707	Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY
708	708	CONCEALED OR UNCONCEALED HANDGUN; CERTIFICATION OF ELIGIBILITY FOR
709	709	APPOINTMENT AS SCHOOL MARSHAL.
710	710	SECTION 39. Sections 1701.260(a) and (i), Occupations Code,
711	711	are amended to read as follows:
712	712	(a) The commission shall establish and maintain a training
713	713	program open to any employee of a school district or
714	714	open-enrollment charter school who holds a license to carry a
715	715	concealed or unconcealed handgun issued under Subchapter H, Chapter
716	716	411, Government Code. The training may be conducted only by the
717	717	commission staff or a provider approved by the commission.
718	718	(i) The commission shall revoke a person's school marshal
719	719	license if the commission is notified by the Department of Public
720	720	Safety that the person's license to carry a concealed or
721	721	unconcealed handgun issued under Subchapter H, Chapter 411,
722	722	Government Code, has been suspended or revoked. A person whose
723	723	school marshal license is revoked may obtain recertification by:
724	724	(1) furnishing proof to the commission that the
725	725	person's [concealed handgun] license to carry a concealed or
726	726	unconcealed handgun has been reinstated; and
727	727	(2) completing the initial training under Subsection
728	728	(c) to the satisfaction of the commission staff, paying the fee for
729	729	the training, and demonstrating psychological fitness on the
730	730	psychological examination described in Subsection (d).
731	731	SECTION 40. Section 1702.206(b), Occupations Code, is
732	732	amended to read as follows:
733	733	(b) An individual who is acting as a personal protection
734	734	officer and is wearing the uniform of a security officer, including
735	735	any uniform or apparel described by Section 1702.323(d), may not
736	736	conceal any firearm the individual is carrying and shall carry the
737	737	firearm in plain view. An individual who is acting as a personal
738	738	protection officer and is not wearing the uniform of a security
739	739	officer shall conceal the firearm, regardless of whether the
740	740	individual is authorized to carry the firearm in an unconcealed
741	741	manner under any other law.
742	742	SECTION 41. Sections 62.082(d) and (e), Parks and Wildlife
743	743	Code, are amended to read as follows:
744	744	(d) Section 62.081 does not apply to:
745	745	(1) an employee of the Lower Colorado River Authority;
746	746	(2) a person authorized to hunt under Subsection (c);
747	747	(3) a peace officer as defined by Article 2.12, Code of
748	748	Criminal Procedure; or
749	749	(4) a person who:
750	750	(A) possesses a [concealed] handgun, regardless
751	751	of whether the handgun is carried in a concealed or unconcealed
752	752	manner, and a license issued under Subchapter H, Chapter 411,
753	753	Government Code, to carry a concealed or unconcealed handgun; or
754	754	(B) under circumstances in which the person would
755	755	be justified in the use of deadly force under Chapter 9, Penal Code,
756	756	shoots a handgun the person is licensed to carry under Subchapter H,
757	757	Chapter 411, Government Code.
758	758	(e) A state agency, including the department, the
759	759	Department of Public Safety, and the Lower Colorado River
760	760	Authority, may not adopt a rule that prohibits a person who
761	761	possesses a license issued under Subchapter H, Chapter 411,
762	762	Government Code, from entering or crossing the land of the Lower
763	763	Colorado River Authority while:
764	764	(1) possessing a [concealed] handgun, regardless of
765	765	whether the handgun is carried in a concealed or unconcealed
766	766	manner; or
767	767	(2) under circumstances in which the person would be
768	768	justified in the use of deadly force under Chapter 9, Penal Code,
769	769	shooting a handgun.
770	770	SECTION 42. Section 284.001(e), Parks and Wildlife Code, is
771	771	amended to read as follows:
772	772	(e) This section does not limit the ability of a license
773	773	holder to carry a concealed or unconcealed handgun under the
774	774	authority of Subchapter H, Chapter 411, Government Code.
775	775	SECTION 43. Section 30.05(f), Penal Code, is amended to
776	776	read as follows:
777	777	(f) It is a defense to prosecution under this section that:
778	778	(1) the basis on which entry on the property or land or
779	779	in the building was forbidden is that entry with a handgun was
780	780	forbidden; and
781	781	(2) the person was carrying:
782	782	(A) a [concealed handgun and a] license issued
783	783	under Subchapter H, Chapter 411, Government Code, to carry a
784	784	concealed or unconcealed handgun; and
785	785	(B) a handgun:
786	786	(i) in a concealed manner; or
787	787	(ii) in a holster or with another device
788	788	intended to secure the handgun.
789	789	SECTION 44. The heading to Section 30.06, Penal Code, is
790	790	amended to read as follows:
791	791	Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A [OF LICENSE TO
792	792	CARRY] CONCEALED HANDGUN.
793	793	SECTION 45. Section 30.06(a), Penal Code, is amended to
794	794	read as follows:
795	795	(a) A license holder commits an offense if the license
796	796	holder:
797	797	(1) carries a concealed handgun under the authority of
798	798	Subchapter H, Chapter 411, Government Code, on property of another
799	799	without effective consent; and
800	800	(2) received notice that:
801	801	(A) entry on the property by a license holder
802	802	with a concealed handgun was forbidden; or
803	803	(B) remaining on the property with a concealed
804	804	handgun was forbidden and failed to depart.
805	805	SECTION 46. Section 30.06(c)(3), Penal Code, is amended to
806	806	read as follows:
807	807	(3) "Written communication" means:
808	808	(A) a card or other document on which is written
809	809	language identical to the following: "Pursuant to Section 30.06,
810	810	Penal Code (trespass by license holder with [of license to carry] a
811	811	concealed handgun), a person licensed under Subchapter H, Chapter
812	812	411, Government Code ([concealed] handgun licensing law), may not
813	813	enter this property with a concealed handgun"; or
814	814	(B) a sign posted on the property that:
815	815	(i) includes the language described by
816	816	Paragraph (A) in both English and Spanish;
817	817	(ii) appears in contrasting colors with
818	818	block letters at least one inch in height; and
819	819	(iii) is displayed in a conspicuous manner
820	820	clearly visible to the public.
821	821	SECTION 47. Chapter 30, Penal Code, is amended by adding
822	822	Section 30.07 to read as follows:
823	823	Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN UNCONCEALED
824	824	HANDGUN. (a) A license holder commits an offense if the license
825	825	holder:
826	826	(1) carries a handgun in an unconcealed manner under
827	827	the authority of Subchapter H, Chapter 411, Government Code, on
828	828	property of another without effective consent; and
829	829	(2) received notice that:
830	830	(A) entry on the property by a license holder
831	831	openly carrying a handgun was forbidden; or
832	832	(B) remaining on the property while carrying an
833	833	unconcealed handgun was forbidden and failed to depart.
834	834	(b) For purposes of this section, a person receives notice
835	835	if the owner of the property or someone with apparent authority to
836	836	act for the owner provides notice to the person by oral or written
837	837	communication.
838	838	(c) In this section:
839	839	(1) "Entry" has the meaning assigned by Section
840	840	30.05(b).
841	841	(2) "License holder" has the meaning assigned by
842	842	Section 46.035(f).
843	843	(3) "Written communication" means:
844	844	(A) a card or other document on which is written
845	845	language identical to the following: "Pursuant to Section 30.07,
846	846	Penal Code (trespass by license holder with an unconcealed
847	847	handgun), a person licensed under Subchapter H, Chapter 411,
848	848	Government Code (handgun licensing law), may not enter this
849	849	property with a handgun that is carried in an unconcealed manner";
850	850	or
851	851	(B) a sign posted on the property that:
852	852	(i) includes the language described by
853	853	Paragraph (A) in both English and Spanish;
854	854	(ii) appears in contrasting colors with
855	855	block letters at least one inch in height; and
856	856	(iii) is displayed in a conspicuous manner
857	857	clearly visible to the public at each entrance to the property.
858	858	(d) An offense under this section is a Class A misdemeanor.
859	859	(e) It is an exception to the application of this section
860	860	that the property on which the license holder carries the
861	861	unconcealed handgun is owned or leased by a governmental entity and
862	862	is not a premises or other place on which the license holder is
863	863	prohibited from carrying the handgun under Section 46.03 or 46.035.
864	864	(f) It is not a defense to prosecution under this section
865	865	that the handgun was carried in a holster or with another device
866	866	intended to secure the handgun.
867	867	SECTION 48. Section 46.02(a-1), Penal Code, is amended to
868	868	read as follows:
869	869	(a-1) A person commits an offense if the person
870	870	intentionally, knowingly, or recklessly carries on or about his or
871	871	her person a handgun in a motor vehicle or watercraft that is owned
872	872	by the person or under the person's control at any time in which:
873	873	(1) the handgun is in plain view, unless the person is
874	874	licensed to carry a handgun under Subchapter H, Chapter 411,
875	875	Government Code, and the handgun is carried on or about the person
876	876	in an unconcealed manner:
877	877	(A) in a holster; or
878	878	(B) with another device intended to secure the
879	879	handgun; or
880	880	(2) the person is:
881	881	(A) engaged in criminal activity, other than a
882	882	Class C misdemeanor that is a violation of a law or ordinance
883	883	regulating traffic or boating;
884	884	(B) prohibited by law from possessing a firearm;
885	885	or
886	886	(C) a member of a criminal street gang, as
887	887	defined by Section 71.01.
888	888	SECTION 49. Section 46.03(f), Penal Code, is amended to
889	889	read as follows:
890	890	(f) It is not a defense to prosecution under this section
891	891	that the actor possessed a handgun, regardless of whether the
892	892	handgun was carried in a concealed or unconcealed manner, and was
893	893	licensed to carry a concealed or unconcealed handgun under
894	894	Subchapter H, Chapter 411, Government Code.
895	895	SECTION 50. Sections 46.035(a), (b), (c), (d), and (i),
896	896	Penal Code, are amended to read as follows:
897	897	(a) A license holder commits an offense if the license
898	898	holder carries a handgun on or about the license holder's person
899	899	under the authority of Subchapter H, Chapter 411, Government Code,
900	900	and intentionally displays the handgun in plain view of another
901	901	person in a public place. It is an exception to the application of
902	902	this subsection that the handgun was partially or wholly visible
903	903	but was carried by the license holder:
904	904	(1) in a holster; or
905	905	(2) with another device intended to secure the
906	906	handgun.
907	907	(b) A license holder commits an offense if the license
908	908	holder intentionally, knowingly, or recklessly carries a handgun
909	909	under the authority of Subchapter H, Chapter 411, Government Code,
910	910	regardless of whether the handgun is carried in a concealed or
911	911	unconcealed manner, on or about the license holder's person:
912	912	(1) on the premises of a business that has a permit or
913	913	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
914	914	Beverage Code, if the business derives 51 percent or more of its
915	915	income from the sale or service of alcoholic beverages for
916	916	on-premises consumption, as determined by the Texas Alcoholic
917	917	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
918	918	(2) on the premises where a high school, collegiate,
919	919	or professional sporting event or interscholastic event is taking
920	920	place, unless the license holder is a participant in the event and a
921	921	handgun is used in the event;
922	922	(3) on the premises of a correctional facility;
923	923	(4) on the premises of a hospital licensed under
924	924	Chapter 241, Health and Safety Code, or on the premises of a nursing
925	925	home licensed under Chapter 242, Health and Safety Code, unless the
926	926	license holder has written authorization of the hospital or nursing
927	927	home administration, as appropriate;
928	928	(5) in an amusement park; or
929	929	(6) on the premises of a church, synagogue, or other
930	930	established place of religious worship.
931	931	(c) A license holder commits an offense if the license
932	932	holder intentionally, knowingly, or recklessly carries a handgun
933	933	under the authority of Subchapter H, Chapter 411, Government Code,
934	934	regardless of whether the handgun is carried in a concealed or
935	935	unconcealed manner, at any meeting of a governmental entity.
936	936	(d) A license holder commits an offense if, while
937	937	intoxicated, the license holder carries a handgun under the
938	938	authority of Subchapter H, Chapter 411, Government Code, regardless
939	939	of whether the handgun is carried in a concealed or unconcealed
940	940	manner.
941	941	(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
942	942	if the actor was not given effective notice under Section 30.06 or
943	943	30.07.
944	944	SECTION 51. Sections 46.15(a) and (b), Penal Code, are
945	945	amended to read as follows:
946	946	(a) Sections 46.02 and 46.03 do not apply to:
947	947	(1) peace officers or special investigators under
948	948	Article 2.122, Code of Criminal Procedure, and neither section
949	949	prohibits a peace officer or special investigator from carrying a
950	950	weapon in this state, including in an establishment in this state
951	951	serving the public, regardless of whether the peace officer or
952	952	special investigator is engaged in the actual discharge of the
953	953	officer's or investigator's duties while carrying the weapon;
954	954	(2) parole officers and neither section prohibits an
955	955	officer from carrying a weapon in this state if the officer is:
956	956	(A) engaged in the actual discharge of the
957	957	officer's duties while carrying the weapon; and
958	958	(B) in compliance with policies and procedures
959	959	adopted by the Texas Department of Criminal Justice regarding the
960	960	possession of a weapon by an officer while on duty;
961	961	(3) community supervision and corrections department
962	962	officers appointed or employed under Section 76.004, Government
963	963	Code, and neither section prohibits an officer from carrying a
964	964	weapon in this state if the officer is:
965	965	(A) engaged in the actual discharge of the
966	966	officer's duties while carrying the weapon; and
967	967	(B) authorized to carry a weapon under Section
968	968	76.0051, Government Code;
969	969	(4) an active judicial officer as defined by Section
970	970	411.201, Government Code, who is licensed to carry a concealed or
971	971	unconcealed handgun under Subchapter H, Chapter 411, Government
972	972	Code;
973	973	(5) an honorably retired peace officer, qualified
974	974	retired law enforcement officer, federal criminal investigator, or
975	975	former reserve law enforcement officer who holds a certificate of
976	976	proficiency issued under Section 1701.357, Occupations Code, and is
977	977	carrying a photo identification that is issued by a federal, state,
978	978	or local law enforcement agency, as applicable, and that verifies
979	979	that the officer is:
980	980	(A) an honorably retired peace officer;
981	981	(B) a qualified retired law enforcement officer;
982	982	(C) a federal criminal investigator; or
983	983	(D) a former reserve law enforcement officer who
984	984	has served in that capacity not less than a total of 15 years with
985	985	one or more state or local law enforcement agencies;
986	986	(6) a district attorney, criminal district attorney,
987	987	county attorney, or municipal attorney who is licensed to carry a
988	988	concealed or unconcealed handgun under Subchapter H, Chapter 411,
989	989	Government Code;
990	990	(7) an assistant district attorney, assistant
991	991	criminal district attorney, or assistant county attorney who is
992	992	licensed to carry a concealed or unconcealed handgun under
993	993	Subchapter H, Chapter 411, Government Code;
994	994	(8) a bailiff designated by an active judicial officer
995	995	as defined by Section 411.201, Government Code, who is:
996	996	(A) licensed to carry a concealed or unconcealed
997	997	handgun under Subchapter H, Chapter 411, Government Code; and
998	998	(B) engaged in escorting the judicial officer; or
999	999	(9) a juvenile probation officer who is authorized to
1000	1000	carry a firearm under Section 142.006, Human Resources Code.
1001	1001	(b) Section 46.02 does not apply to a person who:
1002	1002	(1) is in the actual discharge of official duties as a
1003	1003	member of the armed forces or state military forces as defined by
1004	1004	Section 437.001, Government Code, or as a guard employed by a penal
1005	1005	institution;
1006	1006	(2) is traveling;
1007	1007	(3) is engaging in lawful hunting, fishing, or other
1008	1008	sporting activity on the immediate premises where the activity is
1009	1009	conducted, or is en route between the premises and the actor's
1010	1010	residence, motor vehicle, or watercraft, if the weapon is a type
1011	1011	commonly used in the activity;
1012	1012	(4) holds a security officer commission issued by the
1013	1013	Texas Private Security Board, if the person is engaged in the
1014	1014	performance of the person's duties as an officer commissioned under
1015	1015	Chapter 1702, Occupations Code, or is traveling to or from the
1016	1016	person's place of assignment and is wearing the officer's uniform
1017	1017	and carrying the officer's weapon in plain view;
1018	1018	(5) acts as a personal protection officer and carries
1019	1019	the person's security officer commission and personal protection
1020	1020	officer authorization, if the person:
1021	1021	(A) is engaged in the performance of the person's
1022	1022	duties as a personal protection officer under Chapter 1702,
1023	1023	Occupations Code, or is traveling to or from the person's place of
1024	1024	assignment; and
1025	1025	(B) is either:
1026	1026	(i) wearing the uniform of a security
1027	1027	officer, including any uniform or apparel described by Section
1028	1028	1702.323(d), Occupations Code, and carrying the officer's weapon in
1029	1029	plain view; or
1030	1030	(ii) not wearing the uniform of a security
1031	1031	officer and carrying the officer's weapon in a concealed manner;
1032	1032	(6) is carrying:
1033	1033	(A) a [concealed handgun and a valid] license to
1034	1034	carry a concealed or unconcealed handgun issued under Subchapter H,
1035	1035	Chapter 411, Government Code[, to carry a concealed handgun]; and
1036	1036	(B) a handgun:
1037	1037	(i) in a concealed manner; or
1038	1038	(ii) in a holster or with another device
1039	1039	intended to secure the handgun;
1040	1040	(7) holds an alcoholic beverage permit or license or
1041	1041	is an employee of a holder of an alcoholic beverage permit or
1042	1042	license if the person is supervising the operation of the permitted
1043	1043	or licensed premises; or
1044	1044	(8) is a student in a law enforcement class engaging in
1045	1045	an activity required as part of the class, if the weapon is a type
1046	1046	commonly used in the activity and the person is:
1047	1047	(A) on the immediate premises where the activity
1048	1048	is conducted; or
1049	1049	(B) en route between those premises and the
1050	1050	person's residence and is carrying the weapon unloaded.
1051	1051	SECTION 52. The change in law made by this Act relating to
1052	1052	the authority of a license holder to carry an unconcealed handgun
1053	1053	applies to the carrying of a handgun on or after the effective date
1054	1054	of this Act by any person who:
1055	1055	(1) holds a license issued under Subchapter H, Chapter
1056	1056	411, Government Code, regardless of whether the person's license
1057	1057	was issued before, on, or after the effective date of this Act; or
1058	1058	(2) applies for the issuance of a license under that
1059	1059	subchapter, regardless of whether the person applied for the
1060	1060	license before, on, or after the effective date of this Act.
1061	1061	SECTION 53. The changes in law made by this Act to Sections
1062	1062	62.082 and 284.001, Parks and Wildlife Code, and to Sections 30.05,
1063	1063	30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply only to an
1064	1064	offense committed on or after the effective date of this Act. An
1065	1065	offense committed before the effective date of this Act is governed
1066	1066	by the law in effect on the date the offense was committed, and the
1067	1067	former law is continued in effect for that purpose. For purposes of
1068	1068	this section, an offense was committed before the effective date of
1069	1069	this Act if any element of the offense occurred before that date.
1070	1070	SECTION 54. Except as otherwise provided by this Act, this
1071	1071	Act takes effect September 1, 2015.