Texas 2015 - 84th Regular

Texas House Bill HB944 Compare Versions

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

Old	New	Differences
1	1	84R100 JSC-F
2	2	By: Kacal H.B. No. 944
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a person who is licensed to carry a
8	8	handgun to openly carry the handgun; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(a) Each holder of a permit who is not otherwise required to
13	13	display a sign under Section 411.204, Government Code, shall
14	14	display in a prominent place on the permit holder's premises a sign
15	15	giving notice that it is unlawful for a person to carry a weapon on
16	16	the premises unless the weapon is a concealed or unconcealed
17	17	handgun the person is licensed to carry under Subchapter H, Chapter
18	18	411, Government Code.
19	19	SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
20	20	amended to read as follows:
21	21	(e) Except as provided by Subsection (f) or (i), the
22	22	commission or administrator shall cancel an original or renewal
23	23	permit if it is found, after notice and hearing, that the permittee
24	24	knowingly allowed a person to possess a firearm in a building on the
25	25	licensed premises. This subsection does not apply to a person:
26	26	(1) who holds a security officer commission issued
27	27	under Chapter 1702, Occupations Code, if:
28	28	(A) the person is engaged in the performance of
29	29	the person's duties as a security officer;
30	30	(B) the person is wearing a distinctive uniform;
31	31	and
32	32	(C) the weapon is in plain view;
33	33	(2) who is a peace officer;
34	34	(3) who is a permittee or an employee of a permittee if
35	35	the person is supervising the operation of the premises; or
36	36	(4) who possesses a [concealed] handgun the person is
37	37	licensed to carry under Subchapter H, Chapter 411, Government Code,
38	38	regardless of whether the handgun is carried in a concealed or
39	39	unconcealed manner, unless the person is on the premises of a
40	40	business described by Section 46.035(b)(1), Penal Code.
41	41	SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is
42	42	amended to read as follows:
43	43	(a) Each holder of a license who is not otherwise required
44	44	to display a sign under Section 411.204, Government Code, shall
45	45	display in a prominent place on the license holder's premises a sign
46	46	giving notice that it is unlawful for a person to carry a weapon on
47	47	the premises unless the weapon is a concealed or unconcealed
48	48	handgun the person is licensed to carry under Subchapter H, Chapter
49	49	411, Government Code.
50	50	SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
51	51	amended to read as follows:
52	52	(f) Except as provided by Subsection (g) or (j), the
53	53	commission or administrator shall cancel an original or renewal
54	54	dealer's on-premises or off-premises license if it is found, after
55	55	notice and hearing, that the licensee knowingly allowed a person to
56	56	possess a firearm in a building on the licensed premises. This
57	57	subsection does not apply to a person:
58	58	(1) who holds a security officer commission issued
59	59	under Chapter 1702, Occupations Code, if:
60	60	(A) the person is engaged in the performance of
61	61	the person's duties as a security officer;
62	62	(B) the person is wearing a distinctive uniform;
63	63	and
64	64	(C) the weapon is in plain view;
65	65	(2) who is a peace officer;
66	66	(3) who is a licensee or an employee of a licensee if
67	67	the person is supervising the operation of the premises; or
68	68	(4) who possesses a [concealed] handgun the person is
69	69	licensed to carry under Subchapter H, Chapter 411, Government Code,
70	70	regardless of whether the handgun is carried in a concealed or
71	71	unconcealed manner, unless the person is on the premises of a
72	72	business described by Section 46.035(b)(1), Penal Code.
73	73	SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is
74	74	amended to read as follows:
75	75	(c) In a protective order, the court may suspend a license
76	76	to carry a concealed or unconcealed handgun issued under Section
77	77	411.177, Government Code, that is held by the alleged offender.
78	78	SECTION 6. Article 17.292(l), Code of Criminal Procedure,
79	79	is amended to read as follows:
80	80	(l) In the order for emergency protection, the magistrate
81	81	shall suspend a license to carry a concealed or unconcealed handgun
82	82	issued under Subchapter H, Chapter 411, Government Code, that is
83	83	held by the defendant.
84	84	SECTION 7. Article 17.293, Code of Criminal Procedure, is
85	85	amended to read as follows:
86	86	Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
87	87	OTHER PERSONS. The magistrate or the clerk of the magistrate's
88	88	court issuing an order for emergency protection under Article
89	89	17.292 that suspends a license to carry a concealed or unconcealed
90	90	handgun shall immediately send a copy of the order to the
91	91	appropriate division of the Department of Public Safety at its
92	92	Austin headquarters. On receipt of the order suspending the
93	93	license, the department shall:
94	94	(1) record the suspension of the license in the
95	95	records of the department;
96	96	(2) report the suspension to local law enforcement
97	97	agencies, as appropriate; and
98	98	(3) demand surrender of the suspended license from the
99	99	license holder.
100	100	SECTION 8. Sections 37.0811(d) and (f), Education Code, are
101	101	amended to read as follows:
102	102	(d) Any written regulations adopted for purposes of
103	103	Subsection (c) must provide that a school marshal may carry a
104	104	concealed or unconcealed handgun as described by Subsection (c),
105	105	except that if the primary duty of the school marshal involves
106	106	regular, direct contact with students, the marshal may not carry a
107	107	concealed or unconcealed handgun but may possess a handgun on the
108	108	physical premises of a school in a locked and secured safe within
109	109	the marshal's immediate reach when conducting the marshal's primary
110	110	duty. The written regulations must also require that a handgun
111	111	carried by or within access of a school marshal may be loaded only
112	112	with frangible ammunition designed to disintegrate on impact for
113	113	maximum safety and minimal danger to others.
114	114	(f) A school district or charter school employee's status as
115	115	a school marshal becomes inactive on:
116	116	(1) expiration of the employee's school marshal
117	117	license under Section 1701.260, Occupations Code;
118	118	(2) suspension or revocation of the employee's license
119	119	to carry a concealed or unconcealed handgun issued under Subchapter
120	120	H, Chapter 411, Government Code;
121	121	(3) termination of the employee's employment with the
122	122	district or charter school; or
123	123	(4) notice from the board of trustees of the district
124	124	or the governing body of the charter school that the employee's
125	125	services as school marshal are no longer required.
126	126	SECTION 9. Section 63.0101, Election Code, is amended to
127	127	read as follows:
128	128	Sec. 63.0101. DOCUMENTATION OF PROOF OF
129	129	IDENTIFICATION. The following documentation is an acceptable form
130	130	of photo identification under this chapter:
131	131	(1) a driver's license, election identification
132	132	certificate, or personal identification card issued to the person
133	133	by the Department of Public Safety that has not expired or that
134	134	expired no earlier than 60 days before the date of presentation;
135	135	(2) a United States military identification card that
136	136	contains the person's photograph that has not expired or that
137	137	expired no earlier than 60 days before the date of presentation;
138	138	(3) a United States citizenship certificate issued to
139	139	the person that contains the person's photograph;
140	140	(4) a United States passport issued to the person that
141	141	has not expired or that expired no earlier than 60 days before the
142	142	date of presentation; or
143	143	(5) a license to carry a concealed or unconcealed
144	144	handgun issued to the person by the Department of Public Safety that
145	145	has not expired or that expired no earlier than 60 days before the
146	146	date of presentation.
147	147	SECTION 10. Section 2.005(b), Family Code, is amended to
148	148	read as follows:
149	149	(b) The proof must be established by:
150	150	(1) a driver's license or identification card issued
151	151	by this state, another state, or a Canadian province that is current
152	152	or has expired not more than two years preceding the date the
153	153	identification is submitted to the county clerk in connection with
154	154	an application for a license;
155	155	(2) a United States passport;
156	156	(3) a current passport issued by a foreign country or a
157	157	consular document issued by a state or national government;
158	158	(4) an unexpired Certificate of United States
159	159	Citizenship, Certificate of Naturalization, United States Citizen
160	160	Identification Card, Permanent Resident Card, Temporary Resident
161	161	Card, Employment Authorization Card, or other document issued by
162	162	the federal Department of Homeland Security or the United States
163	163	Department of State including an identification photograph;
164	164	(5) an unexpired military identification card for
165	165	active duty, reserve, or retired personnel with an identification
166	166	photograph;
167	167	(6) an original or certified copy of a birth
168	168	certificate issued by a bureau of vital statistics for a state or a
169	169	foreign government;
170	170	(7) an original or certified copy of a Consular Report
171	171	of Birth Abroad or Certificate of Birth Abroad issued by the United
172	172	States Department of State;
173	173	(8) an original or certified copy of a court order
174	174	relating to the applicant's name change or sex change;
175	175	(9) school records from a secondary school or
176	176	institution of higher education;
177	177	(10) an insurance policy continuously valid for the
178	178	two years preceding the date of the application for a license;
179	179	(11) a motor vehicle certificate of title;
180	180	(12) military records, including documentation of
181	181	release or discharge from active duty or a draft record;
182	182	(13) an unexpired military dependent identification
183	183	card;
184	184	(14) an original or certified copy of the applicant's
185	185	marriage license or divorce decree;
186	186	(15) a voter registration certificate;
187	187	(16) a pilot's license issued by the Federal Aviation
188	188	Administration or another authorized agency of the United States;
189	189	(17) a license to carry a concealed or unconcealed
190	190	handgun under Subchapter H, Chapter 411, Government Code;
191	191	(18) a temporary driving permit or a temporary
192	192	identification card issued by the Department of Public Safety; or
193	193	(19) an offender identification card issued by the
194	194	Texas Department of Criminal Justice.
195	195	SECTION 11. Section 58.003(m), Family Code, is amended to
196	196	read as follows:
197	197	(m) On request of the Department of Public Safety, a
198	198	juvenile court shall reopen and allow the department to inspect the
199	199	files and records of the juvenile court relating to an applicant for
200	200	a license to carry a concealed or unconcealed handgun under
201	201	Subchapter H, Chapter 411, Government Code.
202	202	SECTION 12. Section 85.022(d), Family Code, is amended to
203	203	read as follows:
204	204	(d) In a protective order, the court shall suspend a license
205	205	to carry a concealed or unconcealed handgun issued under Subchapter
206	206	H, Chapter 411, Government Code, that is held by a person found to
207	207	have committed family violence.
208	208	SECTION 13. Section 85.042(e), Family Code, is amended to
209	209	read as follows:
210	210	(e) The clerk of the court issuing an original or modified
211	211	protective order under Section 85.022 that suspends a license to
212	212	carry a concealed or unconcealed handgun shall send a copy of the
213	213	order to the appropriate division of the Department of Public
214	214	Safety at its Austin headquarters. On receipt of the order
215	215	suspending the license, the department shall:
216	216	(1) record the suspension of the license in the
217	217	records of the department;
218	218	(2) report the suspension to local law enforcement
219	219	agencies, as appropriate; and
220	220	(3) demand surrender of the suspended license from the
221	221	license holder.
222	222	SECTION 14. The heading to Section 411.047, Government
223	223	Code, is amended to read as follows:
224	224	Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED]
225	225	HANDGUN INCIDENTS.
226	226	SECTION 15. Section 411.0625, Government Code, is amended
227	227	to read as follows:
228	228	Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a)
229	229	The department shall allow a person to enter the Capitol and the
230	230	Capitol Extension, including any public space in the Capitol or
231	231	Capitol Extension, in the same manner as the department allows
232	232	entry to a person who presents a concealed or unconcealed handgun
233	233	license under Subchapter H if the person:
234	234	(1) obtains from the department a Capitol access pass;
235	235	and
236	236	(2) presents the pass to the appropriate law
237	237	enforcement official when entering the building or a space within
238	238	the building.
239	239	(b) To be eligible for a Capitol access pass, a person must
240	240	meet the eligibility requirements applicable to a license to carry
241	241	a concealed or unconcealed handgun under Subchapter H, other than
242	242	requirements regarding evidence of handgun proficiency.
243	243	(c) The department shall adopt rules to establish a
244	244	procedure by which a resident of the state may apply for and be
245	245	issued a Capitol access pass. Rules adopted under this section
246	246	must include provisions for eligibility, application, approval,
247	247	issuance, and renewal that:
248	248	(1) require the department to conduct the same
249	249	background check on an applicant for a Capitol access pass that is
250	250	conducted on an applicant for a concealed or unconcealed handgun
251	251	license under Subchapter H;
252	252	(2) enable the department to conduct the background
253	253	check described by Subdivision (1); and
254	254	(3) establish application and renewal fees in amounts
255	255	sufficient to cover the cost of administering this section, not to
256	256	exceed the amounts of similar fees required for a concealed or
257	257	unconcealed handgun license under Section 411.174.
258	258	SECTION 16. The heading to Subchapter H, Chapter 411,
259	259	Government Code, is amended to read as follows:
260	260	SUBCHAPTER H. LICENSE TO CARRY A CONCEALED
261	261	OR UNCONCEALED HANDGUN
262	262	SECTION 17. Section 411.171, Government Code, is amended by
263	263	adding Subdivision (8) to read as follows:
264	264	(8) "Unconcealed handgun" means a loaded or unloaded
265	265	handgun carried upon the person in a shoulder or belt holster that
266	266	is wholly or partially visible.
267	267	SECTION 18. Sections 411.172(a), (b-1), (g), and (h),
268	268	Government Code, are amended to read as follows:
269	269	(a) A person is eligible for a license to carry a concealed
270	270	or unconcealed handgun if the person:
271	271	(1) is a legal resident of this state for the six-month
272	272	period preceding the date of application under this subchapter or
273	273	is otherwise eligible for a license under Section 411.173(a);
274	274	(2) is at least 21 years of age;
275	275	(3) has not been convicted of a felony;
276	276	(4) is not charged with the commission of a Class A or
277	277	Class B misdemeanor or equivalent offense, or of an offense under
278	278	Section 42.01, Penal Code, or equivalent offense, or of a felony
279	279	under an information or indictment;
280	280	(5) is not a fugitive from justice for a felony or a
281	281	Class A or Class B misdemeanor or equivalent offense;
282	282	(6) is not a chemically dependent person;
283	283	(7) is not incapable of exercising sound judgment with
284	284	respect to the proper use and storage of a handgun;
285	285	(8) has not, in the five years preceding the date of
286	286	application, been convicted of a Class A or Class B misdemeanor or
287	287	equivalent offense or of an offense under Section 42.01, Penal
288	288	Code, or equivalent offense;
289	289	(9) is fully qualified under applicable federal and
290	290	state law to purchase a handgun;
291	291	(10) has not been finally determined to be delinquent
292	292	in making a child support payment administered or collected by the
293	293	attorney general;
294	294	(11) has not been finally determined to be delinquent
295	295	in the payment of a tax or other money collected by the comptroller,
296	296	the tax collector of a political subdivision of the state, or any
297	297	agency or subdivision of the state;
298	298	(12) is not currently restricted under a court
299	299	protective order or subject to a restraining order affecting the
300	300	spousal relationship, other than a restraining order solely
301	301	affecting property interests;
302	302	(13) has not, in the 10 years preceding the date of
303	303	application, been adjudicated as having engaged in delinquent
304	304	conduct violating a penal law of the grade of felony; and
305	305	(14) has not made any material misrepresentation, or
306	306	failed to disclose any material fact, in an application submitted
307	307	pursuant to Section 411.174.
308	308	(b-1) An offense is not considered a felony for purposes of
309	309	Subsection (b) if, at the time of a person's application for a
310	310	license to carry a concealed or unconcealed handgun, the offense:
311	311	(1) is not designated by a law of this state as a
312	312	felony; and
313	313	(2) does not contain all the elements of any offense
314	314	designated by a law of this state as a felony.
315	315	(g) Notwithstanding Subsection (a)(2), a person who is at
316	316	least 18 years of age but not yet 21 years of age is eligible for a
317	317	license to carry a concealed or unconcealed handgun if the person:
318	318	(1) is a member or veteran of the United States armed
319	319	forces, including a member or veteran of the reserves or national
320	320	guard;
321	321	(2) was discharged under honorable conditions, if
322	322	discharged from the United States armed forces, reserves, or
323	323	national guard; and
324	324	(3) meets the other eligibility requirements of
325	325	Subsection (a) except for the minimum age required by federal law to
326	326	purchase a handgun.
327	327	(h) The issuance of a license to carry a concealed or
328	328	unconcealed handgun to a person eligible under Subsection (g) does
329	329	not affect the person's ability to purchase a handgun or ammunition
330	330	under federal law.
331	331	SECTION 19. Section 411.173(b), Government Code, is amended
332	332	to read as follows:
333	333	(b) The governor shall negotiate an agreement with any other
334	334	state that provides for the issuance of a license to carry a
335	335	concealed or unconcealed handgun under which a license issued by
336	336	the other state is recognized in this state or shall issue a
337	337	proclamation that a license issued by the other state is recognized
338	338	in this state if the attorney general of the State of Texas
339	339	determines that a background check of each applicant for a license
340	340	issued by that state is initiated by state or local authorities or
341	341	an agent of the state or local authorities before the license is
342	342	issued. For purposes of this subsection, "background check" means
343	343	a search of the National Crime Information Center database and the
344	344	Interstate Identification Index maintained by the Federal Bureau of
345	345	Investigation.
346	346	SECTION 20. Section 411.174(a), Government Code, is amended
347	347	to read as follows:
348	348	(a) An applicant for a license to carry a concealed or
349	349	unconcealed handgun must submit to the director's designee
350	350	described by Section 411.176:
351	351	(1) a completed application on a form provided by the
352	352	department that requires only the information listed in Subsection
353	353	(b);
354	354	(2) one or more photographs of the applicant that meet
355	355	the requirements of the department;
356	356	(3) a certified copy of the applicant's birth
357	357	certificate or certified proof of age;
358	358	(4) proof of residency in this state;
359	359	(5) two complete sets of legible and classifiable
360	360	fingerprints of the applicant taken by a person appropriately
361	361	trained in recording fingerprints who is employed by a law
362	362	enforcement agency or by a private entity designated by a law
363	363	enforcement agency as an entity qualified to take fingerprints of
364	364	an applicant for a license under this subchapter;
365	365	(6) a nonrefundable application and license fee of
366	366	$140 paid to the department;
367	367	(7) evidence of handgun proficiency, in the form and
368	368	manner required by the department;
369	369	(8) an affidavit signed by the applicant stating that
370	370	the applicant:
371	371	(A) has read and understands each provision of
372	372	this subchapter that creates an offense under the laws of this state
373	373	and each provision of the laws of this state related to use of
374	374	deadly force; and
375	375	(B) fulfills all the eligibility requirements
376	376	listed under Section 411.172; and
377	377	(9) a form executed by the applicant that authorizes
378	378	the director to make an inquiry into any noncriminal history
379	379	records that are necessary to determine the applicant's eligibility
380	380	for a license under Section 411.172(a).
381	381	SECTION 21. Section 411.177(a), Government Code, is amended
382	382	to read as follows:
383	383	(a) The department shall issue a license to carry a
384	384	concealed or unconcealed handgun to an applicant if the applicant
385	385	meets all the eligibility requirements and submits all the
386	386	application materials. The department shall administer the
387	387	licensing procedures in good faith so that any applicant who meets
388	388	all the eligibility requirements and submits all the application
389	389	materials shall receive a license. The department may not deny an
390	390	application on the basis of a capricious or arbitrary decision by
391	391	the department.
392	392	SECTION 22. Section 411.185(c), Government Code, is amended
393	393	to read as follows:
394	394	(c) The director by rule shall adopt an informational form
395	395	that describes state law regarding the use of deadly force and the
396	396	places where it is unlawful for the holder of a license issued under
397	397	this subchapter to carry a concealed or unconcealed handgun. An
398	398	applicant for a renewed license must sign and return the
399	399	informational form to the department by mail or acknowledge the
400	400	form electronically on the Internet according to the procedure
401	401	adopted under Subsection (f).
402	402	SECTION 23. Section 411.188(g), Government Code, is amended
403	403	to read as follows:
404	404	(g) A person who wishes to obtain a license to carry a
405	405	concealed or unconcealed handgun must apply in person to a
406	406	qualified handgun instructor to take the appropriate course in
407	407	handgun proficiency and demonstrate handgun proficiency as
408	408	required by the department.
409	409	SECTION 24. Sections 411.190(c) and (f), Government Code,
410	410	are amended to read as follows:
411	411	(c) In the manner applicable to a person who applies for a
412	412	license to carry a concealed or unconcealed handgun, the department
413	413	shall conduct a background check of a person who applies for
414	414	certification as a qualified handgun instructor. If the background
415	415	check indicates that the applicant for certification would not
416	416	qualify to receive a handgun license, the department may not
417	417	certify the applicant as a qualified handgun instructor. If the
418	418	background check indicates that the applicant for certification
419	419	would qualify to receive a handgun license, the department shall
420	420	provide handgun instructor training to the applicant. The
421	421	applicant shall pay a fee of $100 to the department for the
422	422	training. The applicant must take and successfully complete the
423	423	training offered by the department and pay the training fee before
424	424	the department may certify the applicant as a qualified handgun
425	425	instructor. The department shall issue a license to carry a
426	426	concealed or unconcealed handgun under the authority of this
427	427	subchapter to any person who is certified as a qualified handgun
428	428	instructor and who pays to the department a fee of $100 in addition
429	429	to the training fee. The department by rule may prorate or waive
430	430	the training fee for an employee of another governmental entity.
431	431	(f) If the department determines that a reason exists to
432	432	revoke, suspend, or deny a license to carry a concealed or
433	433	unconcealed handgun with respect to a person who is a qualified
434	434	handgun instructor or an applicant for certification as a qualified
435	435	handgun instructor, the department shall take that action against
436	436	the person's:
437	437	(1) license to carry a concealed or unconcealed
438	438	handgun if the person is an applicant for or the holder of a license
439	439	issued under this subchapter; and
440	440	(2) certification as a qualified handgun instructor.
441	441	SECTION 25. Section 411.1901(c), Government Code, is
442	442	amended to read as follows:
443	443	(c) A qualified handgun instructor certified in school
444	444	safety under this section may provide school safety training,
445	445	including instruction in the subjects listed under Subsection (a),
446	446	to employees of a school district or an open-enrollment charter
447	447	school who hold a license to carry a concealed or unconcealed
448	448	handgun issued under this subchapter.
449	449	SECTION 26. Section 411.198(a), Government Code, is amended
450	450	to read as follows:
451	451	(a) On written approval of the director, the department may
452	452	issue to a law enforcement officer an alias license to carry a
453	453	concealed or unconcealed handgun to be used in supervised
454	454	activities involving criminal investigations.
455	455	SECTION 27. Sections 411.201(c), (d), (e), and (h),
456	456	Government Code, are amended to read as follows:
457	457	(c) An active judicial officer is eligible for a license to
458	458	carry a concealed or unconcealed handgun under the authority of
459	459	this subchapter. A retired judicial officer is eligible for a
460	460	license to carry a concealed or unconcealed handgun under the
461	461	authority of this subchapter if the officer:
462	462	(1) has not been convicted of a felony;
463	463	(2) has not, in the five years preceding the date of
464	464	application, been convicted of a Class A or Class B misdemeanor or
465	465	equivalent offense;
466	466	(3) is not charged with the commission of a Class A or
467	467	Class B misdemeanor or equivalent offense or of a felony under an
468	468	information or indictment;
469	469	(4) is not a chemically dependent person; and
470	470	(5) is not a person of unsound mind.
471	471	(d) An applicant for a license who is an active or retired
472	472	judicial officer must submit to the department:
473	473	(1) a completed application, including all required
474	474	affidavits, on a form prescribed by the department;
475	475	(2) one or more photographs of the applicant that meet
476	476	the requirements of the department;
477	477	(3) two complete sets of legible and classifiable
478	478	fingerprints of the applicant, including one set taken by a person
479	479	employed by a law enforcement agency who is appropriately trained
480	480	in recording fingerprints;
481	481	(4) evidence of handgun proficiency, in the form and
482	482	manner required by the department for an applicant under this
483	483	section;
484	484	(5) a nonrefundable application and license fee set by
485	485	the department in an amount reasonably designed to cover the
486	486	administrative costs associated with issuance of a license to carry
487	487	a concealed or unconcealed handgun under this subchapter; and
488	488	(6) if the applicant is a retired judicial officer, a
489	489	form executed by the applicant that authorizes the department to
490	490	make an inquiry into any noncriminal history records that are
491	491	necessary to determine the applicant's eligibility for a license
492	492	under this subchapter.
493	493	(e) On receipt of all the application materials required by
494	494	this section, the department shall:
495	495	(1) if the applicant is an active judicial officer,
496	496	issue a license to carry a concealed or unconcealed handgun under
497	497	the authority of this subchapter; or
498	498	(2) if the applicant is a retired judicial officer,
499	499	conduct an appropriate background investigation to determine the
500	500	applicant's eligibility for the license and, if the applicant is
501	501	eligible, issue a license to carry a concealed or unconcealed
502	502	handgun under the authority of this subchapter.
503	503	(h) The department shall issue a license to carry a
504	504	concealed or unconcealed handgun under the authority of this
505	505	subchapter to an elected attorney representing the state in the
506	506	prosecution of felony cases who meets the requirements of this
507	507	section for an active judicial officer. The department shall waive
508	508	any fee required for the issuance of an original, duplicate, or
509	509	renewed license under this subchapter for an applicant who is an
510	510	attorney elected or employed to represent the state in the
511	511	prosecution of felony cases.
512	512	SECTION 28. Section 411.203, Government Code, is amended to
513	513	read as follows:
514	514	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
515	515	not prevent or otherwise limit the right of a public or private
516	516	employer to prohibit persons who are licensed under this subchapter
517	517	from carrying a concealed handgun or an unconcealed handgun on the
518	518	premises of the business. In this section, "premises" has the
519	519	meaning assigned by Section 46.035(f)(3), Penal Code.
520	520	SECTION 29. Section 411.2032(b), Government Code, is
521	521	amended to read as follows:
522	522	(b) An institution of higher education or private or
523	523	independent institution of higher education in this state may not
524	524	adopt or enforce any rule, regulation, or other provision or take
525	525	any other action, including posting notice under Section 30.06 or
526	526	30.07, Penal Code, prohibiting or placing restrictions on the
527	527	storage or transportation of a firearm or ammunition in a locked,
528	528	privately owned or leased motor vehicle by a person, including a
529	529	student enrolled at that institution, who holds a license to carry a
530	530	concealed or unconcealed handgun under this subchapter and lawfully
531	531	possesses the firearm or ammunition:
532	532	(1) on a street or driveway located on the campus of
533	533	the institution; or
534	534	(2) in a parking lot, parking garage, or other parking
535	535	area located on the campus of the institution.
536	536	SECTION 30. Section 12.092(b), Health and Safety Code, is
537	537	amended to read as follows:
538	538	(b) The medical advisory board shall assist the Department
539	539	of Public Safety of the State of Texas in determining whether:
540	540	(1) an applicant for a driver's license or a license
541	541	holder is capable of safely operating a motor vehicle; or
542	542	(2) an applicant for or holder of a license to carry a
543	543	concealed or unconcealed handgun under the authority of Subchapter
544	544	H, Chapter 411, Government Code, or an applicant for or holder of a
545	545	commission as a security officer under Chapter 1702, Occupations
546	546	Code, is capable of exercising sound judgment with respect to the
547	547	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. (a) Section 118.011(b), Local Government Code,
606	606	as effective until September 1, 2019, is 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) . . . . . . not
610	610	less than $15 or more than $30
611	611	(2) Records Management and Preservation Fee (Sec.
612	612	118.0216) . . . . . . . . . . . . . . . . . . . . not more than
613	613	$10
614	614	(3) Mental Health Background Check for License to
615	615	Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217)
616	616	. . . . . not more than $2
617	617	(b) This section takes effect September 1, 2015.
618	618	SECTION 33. (a) Section 118.011(b), Local Government Code,
619	619	as effective September 1, 2019, is amended to read as follows:
620	620	(b) The county clerk may set and collect the following fee
621	621	from any person:
622	622	(1) Returned Check (Sec. 118.0215) . . . . . . not
623	623	less than $15 or more than $30
624	624	(2) Records Management and Preservation Fee (Sec.
625	625	118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
626	626	than $5
627	627	(3) Mental Health Background Check for License to
628	628	Carry a Concealed or Unconcealed Handgun [Weapon] (Sec. 118.0217)
629	629	. . . . . not more than $2
630	630	(b) This section takes effect September 1, 2019.
631	631	SECTION 34. Section 118.0217(a), Local Government Code, is
632	632	amended to read as follows:
633	633	(a) The fee for a "mental health background check for
634	634	license to carry a concealed or unconcealed handgun [weapon]" is
635	635	for a check, conducted by the county clerk at the request of the
636	636	Texas Department of Public Safety, of the county records involving
637	637	the mental condition of a person who applies for a license to carry
638	638	a concealed or unconcealed handgun under Subchapter H, Chapter 411,
639	639	Government Code. The fee, not to exceed $2, will be paid from the
640	640	application fee submitted to the Department of Public Safety
641	641	according to Section 411.174(a)(6), Government Code.
642	642	SECTION 35. Section 229.001(b), Local Government Code, is
643	643	amended to read as follows:
644	644	(b) Subsection (a) does not affect the authority a
645	645	municipality has under another law to:
646	646	(1) require residents or public employees to be armed
647	647	for personal or national defense, law enforcement, or another
648	648	lawful purpose;
649	649	(2) regulate the discharge of firearms or air guns
650	650	within the limits of the municipality, other than at a sport
651	651	shooting range;
652	652	(3) regulate the use of property, the location of a
653	653	business, or uses at a business under the municipality's fire code,
654	654	zoning ordinance, or land-use regulations as long as the code,
655	655	ordinance, or regulations are not used to circumvent the intent of
656	656	Subsection (a) or Subdivision (5) of this subsection;
657	657	(4) regulate the use of firearms or air guns in the
658	658	case of an insurrection, riot, or natural disaster if the
659	659	municipality finds the regulations necessary to protect public
660	660	health and safety;
661	661	(5) regulate the storage or transportation of
662	662	explosives to protect public health and safety, except that 25
663	663	pounds or less of black powder for each private residence and 50
664	664	pounds or less of black powder for each retail dealer are not
665	665	subject to regulation;
666	666	(6) regulate the carrying of a firearm or air gun by a
667	667	person other than a person licensed to carry a concealed or
668	668	unconcealed handgun under Subchapter H, Chapter 411, Government
669	669	Code, at a:
670	670	(A) public park;
671	671	(B) public meeting of a municipality, county, or
672	672	other governmental body;
673	673	(C) political rally, parade, or official
674	674	political meeting; or
675	675	(D) nonfirearms-related school, college, or
676	676	professional athletic event;
677	677	(7) regulate the hours of operation of a sport
678	678	shooting range, except that the hours of operation may not be more
679	679	limited than the least limited hours of operation of any other
680	680	business in the municipality other than a business permitted or
681	681	licensed to sell or serve alcoholic beverages for on-premises
682	682	consumption; or
683	683	(8) regulate the carrying of an air gun by a minor on:
684	684	(A) public property; or
685	685	(B) private property without consent of the
686	686	property owner.
687	687	SECTION 36. The heading to Section 1701.260, Occupations
688	688	Code, is amended to read as follows:
689	689	Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY
690	690	CONCEALED OR UNCONCEALED HANDGUN; CERTIFICATION OF ELIGIBILITY FOR
691	691	APPOINTMENT AS SCHOOL MARSHAL.
692	692	SECTION 37. Sections 1701.260(a) and (i), Occupations Code,
693	693	are amended to read as follows:
694	694	(a) The commission shall establish and maintain a training
695	695	program open to any employee of a school district or
696	696	open-enrollment charter school who holds a license to carry a
697	697	concealed or unconcealed handgun issued under Subchapter H, Chapter
698	698	411, Government Code. The training may be conducted only by the
699	699	commission staff or a provider approved by the commission.
700	700	(i) The commission shall revoke a person's school marshal
701	701	license if the commission is notified by the Department of Public
702	702	Safety that the person's license to carry a concealed or
703	703	unconcealed handgun issued under Subchapter H, Chapter 411,
704	704	Government Code, has been suspended or revoked. A person whose
705	705	school marshal license is revoked may obtain recertification by:
706	706	(1) furnishing proof to the commission that the
707	707	person's [concealed handgun] license to carry a concealed or
708	708	unconcealed handgun has been reinstated; and
709	709	(2) completing the initial training under Subsection
710	710	(c) to the satisfaction of the commission staff, paying the fee for
711	711	the training, and demonstrating psychological fitness on the
712	712	psychological examination described in Subsection (d).
713	713	SECTION 38. Sections 62.082(d) and (e), Parks and Wildlife
714	714	Code, are amended to read as follows:
715	715	(d) Section 62.081 does not apply to:
716	716	(1) an employee of the Lower Colorado River Authority;
717	717	(2) a person authorized to hunt under Subsection (c);
718	718	(3) a peace officer as defined by Article 2.12, Code of
719	719	Criminal Procedure; or
720	720	(4) a person who:
721	721	(A) possesses a [concealed] handgun, regardless
722	722	of whether the handgun is carried in a concealed or unconcealed
723	723	manner, and a license issued under Subchapter H, Chapter 411,
724	724	Government Code, to carry a concealed or unconcealed handgun; or
725	725	(B) under circumstances in which the person would
726	726	be justified in the use of deadly force under Chapter 9, Penal Code,
727	727	shoots a handgun the person is licensed to carry under Subchapter H,
728	728	Chapter 411, Government Code.
729	729	(e) A state agency, including the department, the
730	730	Department of Public Safety, and the Lower Colorado River
731	731	Authority, may not adopt a rule that prohibits a person who
732	732	possesses a license issued under Subchapter H, Chapter 411,
733	733	Government Code, from entering or crossing the land of the Lower
734	734	Colorado River Authority while:
735	735	(1) possessing a [concealed] handgun, regardless of
736	736	whether the handgun is carried in a concealed or unconcealed
737	737	manner; or
738	738	(2) under circumstances in which the person would be
739	739	justified in the use of deadly force under Chapter 9, Penal Code,
740	740	shooting a handgun.
741	741	SECTION 39. Section 284.001(e), Parks and Wildlife Code, is
742	742	amended to read as follows:
743	743	(e) This section does not limit the ability of a license
744	744	holder to carry a concealed or unconcealed handgun under the
745	745	authority of Subchapter H, Chapter 411, Government Code.
746	746	SECTION 40. Section 30.05(f), Penal Code, is amended to
747	747	read as follows:
748	748	(f) It is a defense to prosecution under this section that:
749	749	(1) the basis on which entry on the property or land or
750	750	in the building was forbidden is that entry with a handgun was
751	751	forbidden; and
752	752	(2) the person was carrying a [concealed] handgun,
753	753	regardless of whether the handgun was carried in a concealed or
754	754	unconcealed manner, and a license issued under Subchapter H,
755	755	Chapter 411, Government Code, to carry a concealed or unconcealed
756	756	handgun.
757	757	SECTION 41. Section 30.06(a), Penal Code, is amended to
758	758	read as follows:
759	759	(a) A license holder commits an offense if the license
760	760	holder:
761	761	(1) carries a concealed handgun under the authority of
762	762	Subchapter H, Chapter 411, Government Code, on property of another
763	763	without effective consent; and
764	764	(2) received notice that:
765	765	(A) entry on the property by a license holder
766	766	with a concealed handgun was forbidden; or
767	767	(B) remaining on the property with a concealed
768	768	handgun was forbidden and failed to depart.
769	769	SECTION 42. Chapter 30, Penal Code, is amended by adding
770	770	Section 30.07 to read as follows:
771	771	Sec. 30.07. TRESPASS BY HOLDER OF LICENSE TO CARRY
772	772	UNCONCEALED HANDGUN. (a) A license holder commits an offense if
773	773	the license holder:
774	774	(1) openly carries a handgun in an unconcealed manner
775	775	under the authority of Subchapter H, Chapter 411, Government Code,
776	776	on property of another without effective consent; and
777	777	(2) received notice that:
778	778	(A) entry on the property by a license holder
779	779	openly carrying an unconcealed handgun was forbidden; or
780	780	(B) remaining on the property while openly
781	781	carrying an unconcealed handgun was forbidden and failed to depart.
782	782	(b) For purposes of this section, a person receives notice
783	783	if the owner of the property or someone with apparent authority to
784	784	act for the owner provides notice to the person by oral or written
785	785	communication.
786	786	(c) In this section:
787	787	(1) "Entry" has the meaning assigned by Section
788	788	30.05(b).
789	789	(2) "License holder" has the meaning assigned by
790	790	Section 46.035(f).
791	791	(3) "Written communication" means:
792	792	(A) a card or other document on which is written
793	793	language identical to the following: "Pursuant to Section 30.07,
794	794	Penal Code (trespass by holder of license to carry an unconcealed
795	795	handgun), a person licensed under Subchapter H, Chapter 411,
796	796	Government Code, may not enter this property with an unconcealed
797	797	handgun that is carried openly"; or
798	798	(B) a sign posted on the property that:
799	799	(i) includes the language described by
800	800	Paragraph (A) in both English and Spanish;
801	801	(ii) appears in contrasting colors with
802	802	block letters at least one inch in height; and
803	803	(iii) is displayed in a conspicuous manner
804	804	clearly visible to the public at each entrance to the property.
805	805	(d) An offense under this section is a Class A misdemeanor.
806	806	(e) It is an exception to the application of this section
807	807	that the property on which the license holder openly carries the
808	808	unconcealed handgun is owned or leased by a governmental entity and
809	809	is not a premises or other place on which the license holder is
810	810	prohibited from carrying the handgun under Section 46.03 or 46.035.
811	811	SECTION 43. Section 46.02(a-1), Penal Code, is amended to
812	812	read as follows:
813	813	(a-1) A person commits an offense if the person
814	814	intentionally, knowingly, or recklessly carries on or about his or
815	815	her person a handgun in a motor vehicle or watercraft that is owned
816	816	by the person or under the person's control at any time in which:
817	817	(1) the handgun is in plain view, unless the handgun is
818	818	carried on the person in an unconcealed manner and the person is
819	819	licensed to carry a handgun under Subchapter H, Chapter 411,
820	820	Government Code; or
821	821	(2) the person is:
822	822	(A) engaged in criminal activity, other than a
823	823	Class C misdemeanor that is a violation of a law or ordinance
824	824	regulating traffic or boating;
825	825	(B) prohibited by law from possessing a firearm;
826	826	or
827	827	(C) a member of a criminal street gang, as
828	828	defined by Section 71.01.
829	829	SECTION 44. Section 46.03(f), Penal Code, is amended to
830	830	read as follows:
831	831	(f) It is not a defense to prosecution under this section
832	832	that the actor possessed a handgun, regardless of whether the
833	833	handgun was carried in a concealed or unconcealed manner, and was
834	834	licensed to carry a concealed or unconcealed handgun under
835	835	Subchapter H, Chapter 411, Government Code.
836	836	SECTION 45. Sections 46.035(a), (b), (c), (d), and (i),
837	837	Penal Code, are amended to read as follows:
838	838	(a) A license holder commits an offense if the license
839	839	holder carries a handgun on or about the license holder's person
840	840	under the authority of Subchapter H, Chapter 411, Government Code,
841	841	and intentionally displays the handgun in plain view of another
842	842	person in a public place, unless the license holder is carrying the
843	843	handgun in a shoulder or belt holster.
844	844	(b) A license holder commits an offense if the license
845	845	holder intentionally, knowingly, or recklessly carries a handgun
846	846	under the authority of Subchapter H, Chapter 411, Government Code,
847	847	regardless of whether the handgun is concealed or carried in a
848	848	shoulder or belt holster, on or about the license holder's person:
849	849	(1) on the premises of a business that has a permit or
850	850	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
851	851	Beverage Code, if the business derives 51 percent or more of its
852	852	income from the sale or service of alcoholic beverages for
853	853	on-premises consumption, as determined by the Texas Alcoholic
854	854	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
855	855	(2) on the premises where a high school, collegiate,
856	856	or professional sporting event or interscholastic event is taking
857	857	place, unless the license holder is a participant in the event and a
858	858	handgun is used in the event;
859	859	(3) on the premises of a correctional facility;
860	860	(4) on the premises of a hospital licensed under
861	861	Chapter 241, Health and Safety Code, or on the premises of a nursing
862	862	home licensed under Chapter 242, Health and Safety Code, unless the
863	863	license holder has written authorization of the hospital or nursing
864	864	home administration, as appropriate;
865	865	(5) in an amusement park; or
866	866	(6) on the premises of a church, synagogue, or other
867	867	established place of religious worship.
868	868	(c) A license holder commits an offense if the license
869	869	holder intentionally, knowingly, or recklessly carries a handgun
870	870	under the authority of Subchapter H, Chapter 411, Government Code,
871	871	regardless of whether the handgun is concealed or carried in a
872	872	shoulder or belt holster, at any meeting of a governmental entity.
873	873	(d) A license holder commits an offense if, while
874	874	intoxicated, the license holder carries a handgun under the
875	875	authority of Subchapter H, Chapter 411, Government Code, regardless
876	876	of whether the handgun is concealed or carried in a shoulder or belt
877	877	holster.
878	878	(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
879	879	if the actor was not given effective notice under Section 30.06 or
880	880	30.07.
881	881	SECTION 46. Sections 46.15(a) and (b), Penal Code, are
882	882	amended to read as follows:
883	883	(a) Sections 46.02 and 46.03 do not apply to:
884	884	(1) peace officers or special investigators under
885	885	Article 2.122, Code of Criminal Procedure, and neither section
886	886	prohibits a peace officer or special investigator from carrying a
887	887	weapon in this state, including in an establishment in this state
888	888	serving the public, regardless of whether the peace officer or
889	889	special investigator is engaged in the actual discharge of the
890	890	officer's or investigator's duties while carrying the weapon;
891	891	(2) parole officers and neither section prohibits an
892	892	officer from carrying a weapon in this state if the officer is:
893	893	(A) engaged in the actual discharge of the
894	894	officer's duties while carrying the weapon; and
895	895	(B) in compliance with policies and procedures
896	896	adopted by the Texas Department of Criminal Justice regarding the
897	897	possession of a weapon by an officer while on duty;
898	898	(3) community supervision and corrections department
899	899	officers appointed or employed under Section 76.004, Government
900	900	Code, and neither section prohibits an officer from carrying a
901	901	weapon in this state if the officer is:
902	902	(A) engaged in the actual discharge of the
903	903	officer's duties while carrying the weapon; and
904	904	(B) authorized to carry a weapon under Section
905	905	76.0051, Government Code;
906	906	(4) an active judicial officer as defined by Section
907	907	411.201, Government Code, who is licensed to carry a concealed or
908	908	unconcealed handgun under Subchapter H, Chapter 411, Government
909	909	Code;
910	910	(5) an honorably retired peace officer, qualified
911	911	retired law enforcement officer, federal criminal investigator, or
912	912	former reserve law enforcement officer who holds a certificate of
913	913	proficiency issued under Section 1701.357, Occupations Code, and is
914	914	carrying a photo identification that is issued by a federal, state,
915	915	or local law enforcement agency, as applicable, and that verifies
916	916	that the officer is:
917	917	(A) an honorably retired peace officer;
918	918	(B) a qualified retired law enforcement officer;
919	919	(C) a federal criminal investigator; or
920	920	(D) a former reserve law enforcement officer who
921	921	has served in that capacity not less than a total of 15 years with
922	922	one or more state or local law enforcement agencies;
923	923	(6) a district attorney, criminal district attorney,
924	924	county attorney, or municipal attorney who is licensed to carry a
925	925	concealed or unconcealed handgun under Subchapter H, Chapter 411,
926	926	Government Code;
927	927	(7) an assistant district attorney, assistant
928	928	criminal district attorney, or assistant county attorney who is
929	929	licensed to carry a concealed or unconcealed handgun under
930	930	Subchapter H, Chapter 411, Government Code;
931	931	(8) a bailiff designated by an active judicial officer
932	932	as defined by Section 411.201, Government Code, who is:
933	933	(A) licensed to carry a concealed or unconcealed
934	934	handgun under Chapter 411, Government Code; and
935	935	(B) engaged in escorting the judicial officer; or
936	936	(9) a juvenile probation officer who is authorized to
937	937	carry a firearm under Section 142.006, Human Resources Code.
938	938	(b) Section 46.02 does not apply to a person who:
939	939	(1) is in the actual discharge of official duties as a
940	940	member of the armed forces or state military forces as defined by
941	941	Section 437.001, Government Code, or as a guard employed by a penal
942	942	institution;
943	943	(2) is traveling;
944	944	(3) is engaging in lawful hunting, fishing, or other
945	945	sporting activity on the immediate premises where the activity is
946	946	conducted, or is en route between the premises and the actor's
947	947	residence, motor vehicle, or watercraft, if the weapon is a type
948	948	commonly used in the activity;
949	949	(4) holds a security officer commission issued by the
950	950	Texas Private Security Board, if the person is engaged in the
951	951	performance of the person's duties as an officer commissioned under
952	952	Chapter 1702, Occupations Code, or is traveling to or from the
953	953	person's place of assignment and is wearing the officer's uniform
954	954	and carrying the officer's weapon in plain view;
955	955	(5) acts as a personal protection officer and carries
956	956	the person's security officer commission and personal protection
957	957	officer authorization, if the person:
958	958	(A) is engaged in the performance of the person's
959	959	duties as a personal protection officer under Chapter 1702,
960	960	Occupations Code, or is traveling to or from the person's place of
961	961	assignment; and
962	962	(B) is either:
963	963	(i) wearing the uniform of a security
964	964	officer, including any uniform or apparel described by Section
965	965	1702.323(d), Occupations Code, and carrying the officer's weapon in
966	966	plain view; or
967	967	(ii) not wearing the uniform of a security
968	968	officer and carrying the officer's weapon in a concealed manner;
969	969	(6) is carrying a [concealed] handgun, regardless of
970	970	whether the handgun is carried in a concealed or unconcealed
971	971	manner, and a valid license issued under Subchapter H, Chapter 411,
972	972	Government Code, to carry a concealed or unconcealed handgun;
973	973	(7) holds an alcoholic beverage permit or license or
974	974	is an employee of a holder of an alcoholic beverage permit or
975	975	license if the person is supervising the operation of the permitted
976	976	or licensed premises; or
977	977	(8) is a student in a law enforcement class engaging in
978	978	an activity required as part of the class, if the weapon is a type
979	979	commonly used in the activity and the person is:
980	980	(A) on the immediate premises where the activity
981	981	is conducted; or
982	982	(B) en route between those premises and the
983	983	person's residence and is carrying the weapon unloaded.
984	984	SECTION 47. The change in law made by this Act relating to
985	985	the authority of a license holder to carry an unconcealed handgun
986	986	applies to the carrying of a handgun on or after the effective date
987	987	of this Act by any person who:
988	988	(1) holds a license issued under Subchapter H, Chapter
989	989	411, Government Code, regardless of whether the person's license
990	990	was issued before, on, or after the effective date of this Act; or
991	991	(2) applies for the issuance of a license under that
992	992	subchapter, regardless of whether the person applied for the
993	993	license before, on, or after the effective date of this Act.
994	994	SECTION 48. The changes in law made by this Act to Sections
995	995	30.05, 30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply
996	996	only to an offense committed on or after the effective date of this
997	997	Act. An offense committed before the effective date of this Act is
998	998	governed by the law in effect when the offense was committed, and
999	999	the former law is continued in effect for that purpose. For
1000	1000	purposes of this section, an offense was committed before the
1001	1001	effective date of this Act if any element of the offense occurred
1002	1002	before that date.
1003	1003	SECTION 49. Except as otherwise provided by this Act, this
1004	1004	Act takes effect September 1, 2015.