Texas 2015 - 84th Regular

Texas Senate Bill SB17 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Estes, et al. S.B. No. 17
2		-	(In the Senate - Filed February 9, 2015; February 9, 2015,
3		-	read first time and referred to Committee on State Affairs;
4		-	February 18, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 2; February 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the authority of a person who is licensed to carry a
12	7		handgun to openly carry a holstered handgun; creating a criminal
13	8		offense; providing penalties.
14	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	10		SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
16	11		amended to read as follows:
17	12		(a) Each holder of a permit who is not otherwise required to
18	13		display a sign under Section 411.204, Government Code, shall
19	14		display in a prominent place on the permit holder's premises a sign
20	15		giving notice that it is unlawful for a person to carry a weapon on
21	16		the premises unless the weapon is a [concealed] handgun the person
22	17		is licensed to carry under Subchapter H, Chapter 411, Government
23	18		Code.
24	19		SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
25	20		amended to read as follows:
26	21		(e) Except as provided by Subsection (f) or (i), the
27	22		commission or administrator shall cancel an original or renewal
28	23		permit if it is found, after notice and hearing, that the permittee
29	24		knowingly allowed a person to possess a firearm in a building on the
30	25		licensed premises. This subsection does not apply to a person:
31	26		(1) who holds a security officer commission issued
32	27		under Chapter 1702, Occupations Code, if:
33	28		(A) the person is engaged in the performance of
34	29		the person's duties as a security officer;
35	30		(B) the person is wearing a distinctive uniform;
36	31		and
37	32		(C) the weapon is in plain view;
38	33		(2) who is a peace officer;
39	34		(3) who is a permittee or an employee of a permittee if
40	35		the person is supervising the operation of the premises; or
41	36		(4) who possesses a [concealed] handgun the person is
42	37		licensed to carry under Subchapter H, Chapter 411, Government Code,
43	38		unless the person is on the premises of a business described by
44	39		Section 46.035(b)(1), Penal Code.
45	40		SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is
46	41		amended to read as follows:
47	42		(a) Each holder of a license who is not otherwise required
48	43		to display a sign under Section 411.204, Government Code, shall
49	44		display in a prominent place on the license holder's premises a sign
50	45		giving notice that it is unlawful for a person to carry a weapon on
51	46		the premises unless the weapon is a [concealed] handgun the person
52	47		is licensed to carry under Subchapter H, Chapter 411, Government
53	48		Code.
54	49		SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is
55	50		amended to read as follows:
56	51		(f) Except as provided by Subsection (g) or (j), the
57	52		commission or administrator shall cancel an original or renewal
58	53		dealer's on-premises or off-premises license if it is found, after
59	54		notice and hearing, that the licensee knowingly allowed a person to
60	55		possess a firearm in a building on the licensed premises. This
61	56		subsection does not apply to a person:
62	57		(1) who holds a security officer commission issued
63	58		under Chapter 1702, Occupations Code, if:
64	59		(A) the person is engaged in the performance of
65	60		the person's duties as a security officer;
66	61		(B) the person is wearing a distinctive uniform;
67	62		and
68	63		(C) the weapon is in plain view;
69	64		(2) who is a peace officer;
70	65		(3) who is a licensee or an employee of a licensee if
71	66		the person is supervising the operation of the premises; or
72	67		(4) who possesses a [concealed] handgun the person is
73	68		licensed to carry under Subchapter H, Chapter 411, Government Code,
74	69		unless the person is on the premises of a business described by
75	70		Section 46.035(b)(1), Penal Code.
76	71		SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is
77	72		amended to read as follows:
78	73		(c) In a protective order, the court may suspend a license
79	74		to carry a [concealed] handgun issued under Section 411.177,
80	75		Government Code, that is held by the alleged offender.
81	76		SECTION 6. Article 17.292(l), Code of Criminal Procedure,
82	77		is amended to read as follows:
83	78		(l) In the order for emergency protection, the magistrate
84	79		shall suspend a license to carry a [concealed] handgun issued under
85	80		Subchapter H, Chapter 411, Government Code, that is held by the
86	81		defendant.
87	82		SECTION 7. Article 17.293, Code of Criminal Procedure, is
88	83		amended to read as follows:
89	84		Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
90	85		OTHER PERSONS. The magistrate or the clerk of the magistrate's
91	86		court issuing an order for emergency protection under Article
92	87		17.292 that suspends a license to carry a [concealed] handgun shall
93	88		immediately send a copy of the order to the appropriate division of
94	89		the Department of Public Safety at its Austin headquarters. On
95	90		receipt of the order suspending the license, the department shall:
96	91		(1) record the suspension of the license in the
97	92		records of the department;
98	93		(2) report the suspension to local law enforcement
99	94		agencies, as appropriate; and
100	95		(3) demand surrender of the suspended license from the
101	96		license holder.
102	97		SECTION 8. Sections 37.0811(d) and (f), Education Code, are
103	98		amended to read as follows:
104	99		(d) Any written regulations adopted for purposes of
105	100		Subsection (c) must provide that a school marshal may carry a
106	101		[concealed] handgun as described by Subsection (c), except that if
107	102		the primary duty of the school marshal involves regular, direct
108	103		contact with students, the marshal may not carry a [concealed]
109	104		handgun but may possess a handgun on the physical premises of a
110	105		school in a locked and secured safe within the marshal's immediate
111	106		reach when conducting the marshal's primary duty. The written
112	107		regulations must also require that a handgun carried by or within
113	108		access of a school marshal may be loaded only with frangible
114	109		ammunition designed to disintegrate on impact for maximum safety
115	110		and minimal danger to others.
116	111		(f) A school district or charter school employee's status as
117	112		a school marshal becomes inactive on:
118	113		(1) expiration of the employee's school marshal
119	114		license under Section 1701.260, Occupations Code;
120	115		(2) suspension or revocation of the employee's license
121	116		to carry a [concealed] handgun issued under Subchapter H, Chapter
122	117		411, Government Code;
123	118		(3) termination of the employee's employment with the
124	119		district or charter school; or
125	120		(4) notice from the board of trustees of the district
126	121		or the governing body of the charter school that the employee's
127	122		services as school marshal are no longer required.
128	123		SECTION 9. Section 63.0101, Election Code, is amended to
129	124		read as follows:
130	125		Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
131	126		The following documentation is an acceptable form of photo
132	127		identification under this chapter:
133	128		(1) a driver's license, election identification
134	129		certificate, or personal identification card issued to the person
135	130		by the Department of Public Safety that has not expired or that
136	131		expired no earlier than 60 days before the date of presentation;
137	132		(2) a United States military identification card that
138	133		contains the person's photograph that has not expired or that
139	134		expired no earlier than 60 days before the date of presentation;
140	135		(3) a United States citizenship certificate issued to
141	136		the person that contains the person's photograph;
142	137		(4) a United States passport issued to the person that
143	138		has not expired or that expired no earlier than 60 days before the
144	139		date of presentation; or
145	140		(5) a license to carry a [concealed] handgun issued to
146	141		the person by the Department of Public Safety that has not expired
147	142		or that expired no earlier than 60 days before the date of
148	143		presentation.
149	144		SECTION 10. Section 2.005(b), Family Code, is amended to
150	145		read as follows:
151	146		(b) The proof must be established by:
152	147		(1) a driver's license or identification card issued
153	148		by this state, another state, or a Canadian province that is current
154	149		or has expired not more than two years preceding the date the
155	150		identification is submitted to the county clerk in connection with
156	151		an application for a license;
157	152		(2) a United States passport;
158	153		(3) a current passport issued by a foreign country or a
159	154		consular document issued by a state or national government;
160	155		(4) an unexpired Certificate of United States
161	156		Citizenship, Certificate of Naturalization, United States Citizen
162	157		Identification Card, Permanent Resident Card, Temporary Resident
163	158		Card, Employment Authorization Card, or other document issued by
164	159		the federal Department of Homeland Security or the United States
165	160		Department of State including an identification photograph;
166	161		(5) an unexpired military identification card for
167	162		active duty, reserve, or retired personnel with an identification
168	163		photograph;
169	164		(6) an original or certified copy of a birth
170	165		certificate issued by a bureau of vital statistics for a state or a
171	166		foreign government;
172	167		(7) an original or certified copy of a Consular Report
173	168		of Birth Abroad or Certificate of Birth Abroad issued by the United
174	169		States Department of State;
175	170		(8) an original or certified copy of a court order
176	171		relating to the applicant's name change or sex change;
177	172		(9) school records from a secondary school or
178	173		institution of higher education;
179	174		(10) an insurance policy continuously valid for the
180	175		two years preceding the date of the application for a license;
181	176		(11) a motor vehicle certificate of title;
182	177		(12) military records, including documentation of
183	178		release or discharge from active duty or a draft record;
184	179		(13) an unexpired military dependent identification
185	180		card;
186	181		(14) an original or certified copy of the applicant's
187	182		marriage license or divorce decree;
188	183		(15) a voter registration certificate;
189	184		(16) a pilot's license issued by the Federal Aviation
190	185		Administration or another authorized agency of the United States;
191	186		(17) a license to carry a [concealed] handgun under
192	187		Subchapter H, Chapter 411, Government Code;
193	188		(18) a temporary driving permit or a temporary
194	189		identification card issued by the Department of Public Safety; or
195	190		(19) an offender identification card issued by the
196	191		Texas Department of Criminal Justice.
197	192		SECTION 11. Section 58.003(m), Family Code, is amended to
198	193		read as follows:
199	194		(m) On request of the Department of Public Safety, a
200	195		juvenile court shall reopen and allow the department to inspect the
201	196		files and records of the juvenile court relating to an applicant for
202	197		a license to carry a [concealed] handgun under Subchapter H,
203	198		Chapter 411, Government Code.
204	199		SECTION 12. Section 85.022(d), Family Code, is amended to
205	200		read as follows:
206	201		(d) In a protective order, the court shall suspend a license
207	202		to carry a [concealed] handgun issued under Subchapter H, Chapter
208	203		411, Government Code, that is held by a person found to have
209	204		committed family violence.
210	205		SECTION 13. Section 85.042(e), Family Code, is amended to
211	206		read as follows:
212	207		(e) The clerk of the court issuing an original or modified
213	208		protective order under Section 85.022 that suspends a license to
214	209		carry a [concealed] handgun shall send a copy of the order to the
215	210		appropriate division of the Department of Public Safety at its
216	211		Austin headquarters. On receipt of the order suspending the
217	212		license, the department shall:
218	213		(1) record the suspension of the license in the
219	214		records of the department;
220	215		(2) report the suspension to local law enforcement
221	216		agencies, as appropriate; and
222	217		(3) demand surrender of the suspended license from the
223	218		license holder.
224	219		SECTION 14. The heading to Section 411.047, Government
225	220		Code, is amended to read as follows:
226	221		Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED]
227	222		HANDGUN INCIDENTS INVOLVING LICENSE HOLDERS.
228	223		SECTION 15. Section 411.0625, Government Code, is amended
229	224		to read as follows:
230	225		Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL.
231	226		(a) The department shall allow a person to enter the Capitol and
232	227		the Capitol Extension, including any public space in the Capitol or
233	228		Capitol Extension, in the same manner as the department allows
234	229		entry to a person who presents a [concealed handgun] license to
235	230		carry a handgun under Subchapter H if the person:
236	231		(1) obtains from the department a Capitol access pass;
237	232		and
238	233		(2) presents the pass to the appropriate law
239	234		enforcement official when entering the building or a space within
240	235		the building.
241	236		(b) To be eligible for a Capitol access pass, a person must
242	237		meet the eligibility requirements applicable to a license to carry
243	238		a [concealed] handgun under Subchapter H, other than requirements
244	239		regarding evidence of handgun proficiency.
245	240		(c) The department shall adopt rules to establish a
246	241		procedure by which a resident of the state may apply for and be
247	242		issued a Capitol access pass. Rules adopted under this section
248	243		must include provisions for eligibility, application, approval,
249	244		issuance, and renewal that:
250	245		(1) require the department to conduct the same
251	246		background check on an applicant for a Capitol access pass that is
252	247		conducted on an applicant for a [concealed handgun] license to
253	248		carry a handgun under Subchapter H;
254	249		(2) enable the department to conduct the background
255	250		check described by Subdivision (1); and
256	251		(3) establish application and renewal fees in amounts
257	252		sufficient to cover the cost of administering this section, not to
258	253		exceed the amounts of similar fees required under Section 411.174
259	254		for a [concealed handgun] license to carry a handgun [under Section
260	255		411.174].
261	256		SECTION 16. The heading to Subchapter H, Chapter 411,
262	257		Government Code, is amended to read as follows:
263	258		SUBCHAPTER H. LICENSE TO CARRY A [CONCEALED] HANDGUN
264	259		SECTION 17. Sections 411.172(a), (b-1), (g), and (h),
265	260		Government Code, are amended to read as follows:
266	261		(a) A person is eligible for a license to carry a
267	262		[concealed] handgun if the person:
268	263		(1) is a legal resident of this state for the six-month
269	264		period preceding the date of application under this subchapter or
270	265		is otherwise eligible for a license under Section 411.173(a);
271	266		(2) is at least 21 years of age;
272	267		(3) has not been convicted of a felony;
273	268		(4) is not charged with the commission of a Class A or
274	269		Class B misdemeanor or equivalent offense, or of an offense under
275	270		Section 42.01, Penal Code, or equivalent offense, or of a felony
276	271		under an information or indictment;
277	272		(5) is not a fugitive from justice for a felony or a
278	273		Class A or Class B misdemeanor or equivalent offense;
279	274		(6) is not a chemically dependent person;
280	275		(7) is not incapable of exercising sound judgment with
281	276		respect to the proper use and storage of a handgun;
282	277		(8) has not, in the five years preceding the date of
283	278		application, been convicted of a Class A or Class B misdemeanor or
284	279		equivalent offense or of an offense under Section 42.01, Penal
285	280		Code, or equivalent offense;
286	281		(9) is fully qualified under applicable federal and
287	282		state law to purchase a handgun;
288	283		(10) has not been finally determined to be delinquent
289	284		in making a child support payment administered or collected by the
290	285		attorney general;
291	286		(11) has not been finally determined to be delinquent
292	287		in the payment of a tax or other money collected by the comptroller,
293	288		the tax collector of a political subdivision of the state, or any
294	289		agency or subdivision of the state;
295	290		(12) is not currently restricted under a court
296	291		protective order or subject to a restraining order affecting the
297	292		spousal relationship, other than a restraining order solely
298	293		affecting property interests;
299	294		(13) has not, in the 10 years preceding the date of
300	295		application, been adjudicated as having engaged in delinquent
301	296		conduct violating a penal law of the grade of felony; and
302	297		(14) has not made any material misrepresentation, or
303	298		failed to disclose any material fact, in an application submitted
304	299		pursuant to Section 411.174.
305	300		(b-1) An offense is not considered a felony for purposes of
306	301		Subsection (b) if, at the time of a person's application for a
307	302		license to carry a [concealed] handgun, the offense:
308	303		(1) is not designated by a law of this state as a
309	304		felony; and
310	305		(2) does not contain all the elements of any offense
311	306		designated by a law of this state as a felony.
312	307		(g) Notwithstanding Subsection (a)(2), a person who is at
313	308		least 18 years of age but not yet 21 years of age is eligible for a
314	309		license to carry a [concealed] handgun if the person:
315	310		(1) is a member or veteran of the United States armed
316	311		forces, including a member or veteran of the reserves or national
317	312		guard;
318	313		(2) was discharged under honorable conditions, if
319	314		discharged from the United States armed forces, reserves, or
320	315		national guard; and
321	316		(3) meets the other eligibility requirements of
322	317		Subsection (a) except for the minimum age required by federal law to
323	318		purchase a handgun.
324	319		(h) The issuance of a license to carry a [concealed] handgun
325	320		to a person eligible under Subsection (g) does not affect the
326	321		person's ability to purchase a handgun or ammunition under federal
327	322		law.
328	323		SECTION 18. Section 411.173(b), Government Code, is amended
329	324		to read as follows:
330	325		(b) The governor shall negotiate an agreement with any other
331	326		state that provides for the issuance of a license to carry a
332	327		[concealed] handgun under which a license issued by the other state
333	328		is recognized in this state or shall issue a proclamation that a
334	329		license issued by the other state is recognized in this state if the
335	330		attorney general of the State of Texas determines that a background
336	331		check of each applicant for a license issued by that state is
337	332		initiated by state or local authorities or an agent of the state or
338	333		local authorities before the license is issued. For purposes of
339	334		this subsection, "background check" means a search of the National
340	335		Crime Information Center database and the Interstate
341	336		Identification Index maintained by the Federal Bureau of
342	337		Investigation.
343	338		SECTION 19. Section 411.174(a), Government Code, is amended
344	339		to read as follows:
345	340		(a) An applicant for a license to carry a [concealed]
346	341		handgun must submit to the director's designee described by Section
347	342		411.176:
348	343		(1) a completed application on a form provided by the
349	344		department that requires only the information listed in Subsection
350	345		(b);
351	346		(2) one or more photographs of the applicant that meet
352	347		the requirements of the department;
353	348		(3) a certified copy of the applicant's birth
354	349		certificate or certified proof of age;
355	350		(4) proof of residency in this state;
356	351		(5) two complete sets of legible and classifiable
357	352		fingerprints of the applicant taken by a person appropriately
358	353		trained in recording fingerprints who is employed by a law
359	354		enforcement agency or by a private entity designated by a law
360	355		enforcement agency as an entity qualified to take fingerprints of
361	356		an applicant for a license under this subchapter;
362	357		(6) a nonrefundable application and license fee of
363	358		$140 paid to the department;
364	359		(7) evidence of handgun proficiency, in the form and
365	360		manner required by the department;
366	361		(8) an affidavit signed by the applicant stating that
367	362		the applicant:
368	363		(A) has read and understands each provision of
369	364		this subchapter that creates an offense under the laws of this state
370	365		and each provision of the laws of this state related to use of
371	366		deadly force; and
372	367		(B) fulfills all the eligibility requirements
373	368		listed under Section 411.172; and
374	369		(9) a form executed by the applicant that authorizes
375	370		the director to make an inquiry into any noncriminal history
376	371		records that are necessary to determine the applicant's eligibility
377	372		for a license under Section 411.172(a).
378	373		SECTION 20. Section 411.177(a), Government Code, is amended
379	374		to read as follows:
380	375		(a) The department shall issue a license to carry a
381	376		[concealed] handgun to an applicant if the applicant meets all the
382	377		eligibility requirements and submits all the application
383	378		materials. The department shall administer the licensing
384	379		procedures in good faith so that any applicant who meets all the
385	380		eligibility requirements and submits all the application materials
386	381		shall receive a license. The department may not deny an application
387	382		on the basis of a capricious or arbitrary decision by the
388	383		department.
389	384		SECTION 21. Section 411.185(c), Government Code, is amended
390	385		to read as follows:
391	386		(c) The director by rule shall adopt an informational form
392	387		that describes state law regarding the use of deadly force and the
393	388		places where it is unlawful for the holder of a license issued under
394	389		this subchapter to carry a [concealed] handgun. An applicant for a
395	390		renewed license must sign and return the informational form to the
396	391		department by mail or acknowledge the form electronically on the
397	392		Internet according to the procedure adopted under Subsection (f).
398		-	SECTION 22. Section 411.188(g), Government Code, is amended
399		-	to read as follows:
	393	+	SECTION 22. Sections 411.188(b) and (g), Government Code,
	394	+	are amended to read as follows:
	395	+	(b) Only qualified handgun instructors may administer the
	396	+	classroom instruction part or the range instruction part of the
	397	+	handgun proficiency course. The classroom instruction part of the
	398	+	course must include not less than four hours and not more than six
	399	+	hours of instruction on:
	400	+	(1) the laws that relate to weapons and to the use of
	401	+	deadly force;
	402	+	(2) handgun use and safety, including use of restraint
	403	+	holsters and methods to ensure the secure carrying of openly
	404	+	carried handguns;
	405	+	(3) nonviolent dispute resolution; and
	406	+	(4) proper storage practices for handguns with an
	407	+	emphasis on storage practices that eliminate the possibility of
	408	+	accidental injury to a child.
400	409		(g) A person who wishes to obtain a license to carry a
401	410		[concealed] handgun must apply in person to a qualified handgun
402	411		instructor to take the appropriate course in handgun proficiency
403	412		and demonstrate handgun proficiency as required by the department.
404		-	SECTION 23. Sections 411.190(c) and (f), Government Code,
405		-	are amended to read as follows:
	413	+	SECTION 23. Sections 411.190(b), (c), and (f), Government
	414	+	Code, are amended to read as follows:
	415	+	(b) In addition to the qualifications described by
	416	+	Subsection (a), a qualified handgun instructor must be qualified to
	417	+	instruct persons in:
	418	+	(1) the laws that relate to weapons and to the use of
	419	+	deadly force;
	420	+	(2) handgun use, proficiency, and safety, including
	421	+	use of restraint holsters and methods to ensure the secure carrying
	422	+	of openly carried handguns;
	423	+	(3) nonviolent dispute resolution; and
	424	+	(4) proper storage practices for handguns, including
	425	+	storage practices that eliminate the possibility of accidental
	426	+	injury to a child.
406	427		(c) In the manner applicable to a person who applies for a
407	428		license to carry a [concealed] handgun, the department shall
408	429		conduct a background check of a person who applies for
409	430		certification as a qualified handgun instructor. If the background
410	431		check indicates that the applicant for certification would not
411	432		qualify to receive a handgun license, the department may not
412	433		certify the applicant as a qualified handgun instructor. If the
413	434		background check indicates that the applicant for certification
414	435		would qualify to receive a handgun license, the department shall
415	436		provide handgun instructor training to the applicant. The
416	437		applicant shall pay a fee of $100 to the department for the
417	438		training. The applicant must take and successfully complete the
418	439		training offered by the department and pay the training fee before
419	440		the department may certify the applicant as a qualified handgun
420	441		instructor. The department shall issue a license to carry a
421	442		[concealed] handgun under the authority of this subchapter to any
422	443		person who is certified as a qualified handgun instructor and who
423	444		pays to the department a fee of $100 in addition to the training
424	445		fee. The department by rule may prorate or waive the training fee
425	446		for an employee of another governmental entity.
426	447		(f) If the department determines that a reason exists to
427	448		revoke, suspend, or deny a license to carry a [concealed] handgun
428	449		with respect to a person who is a qualified handgun instructor or an
429	450		applicant for certification as a qualified handgun instructor, the
430	451		department shall take that action against the person's:
431	452		(1) license to carry a [concealed] handgun if the
432	453		person is an applicant for or the holder of a license issued under
433	454		this subchapter; and
434	455		(2) certification as a qualified handgun instructor.
435	456		SECTION 24. Section 411.1901(c), Government Code, is
436	457		amended to read as follows:
437	458		(c) A qualified handgun instructor certified in school
438	459		safety under this section may provide school safety training,
439	460		including instruction in the subjects listed under Subsection (a),
440	461		to employees of a school district or an open-enrollment charter
441	462		school who hold a license to carry a [concealed] handgun issued
442	463		under this subchapter.
443	464		SECTION 25. Section 411.198(a), Government Code, is amended
444	465		to read as follows:
445	466		(a) On written approval of the director, the department may
446	467		issue to a law enforcement officer an alias license to carry a
447	468		[concealed] handgun to be used in supervised activities involving
448	469		criminal investigations.
449	470		SECTION 26. Sections 411.201(c), (d), (e), and (h),
450	471		Government Code, are amended to read as follows:
451	472		(c) An active judicial officer is eligible for a license to
452	473		carry a [concealed] handgun under the authority of this subchapter.
453	474		A retired judicial officer is eligible for a license to carry a
454	475		[concealed] handgun under the authority of this subchapter if the
455	476		officer:
456	477		(1) has not been convicted of a felony;
457	478		(2) has not, in the five years preceding the date of
458	479		application, been convicted of a Class A or Class B misdemeanor or
459	480		equivalent offense;
460	481		(3) is not charged with the commission of a Class A or
461	482		Class B misdemeanor or equivalent offense or of a felony under an
462	483		information or indictment;
463	484		(4) is not a chemically dependent person; and
464	485		(5) is not a person of unsound mind.
465	486		(d) An applicant for a license who is an active or retired
466	487		judicial officer must submit to the department:
467	488		(1) a completed application, including all required
468	489		affidavits, on a form prescribed by the department;
469	490		(2) one or more photographs of the applicant that meet
470	491		the requirements of the department;
471	492		(3) two complete sets of legible and classifiable
472	493		fingerprints of the applicant, including one set taken by a person
473	494		employed by a law enforcement agency who is appropriately trained
474	495		in recording fingerprints;
475	496		(4) evidence of handgun proficiency, in the form and
476	497		manner required by the department for an applicant under this
477	498		section;
478	499		(5) a nonrefundable application and license fee set by
479	500		the department in an amount reasonably designed to cover the
480	501		administrative costs associated with issuance of a license to carry
481	502		a [concealed] handgun under this subchapter; and
482	503		(6) if the applicant is a retired judicial officer, a
483	504		form executed by the applicant that authorizes the department to
484	505		make an inquiry into any noncriminal history records that are
485	506		necessary to determine the applicant's eligibility for a license
486	507		under this subchapter.
487	508		(e) On receipt of all the application materials required by
488	509		this section, the department shall:
489	510		(1) if the applicant is an active judicial officer,
490	511		issue a license to carry a [concealed] handgun under the authority
491	512		of this subchapter; or
492	513		(2) if the applicant is a retired judicial officer,
493	514		conduct an appropriate background investigation to determine the
494	515		applicant's eligibility for the license and, if the applicant is
495	516		eligible, issue a license to carry a [concealed] handgun under the
496	517		authority of this subchapter.
497	518		(h) The department shall issue a license to carry a
498	519		[concealed] handgun under the authority of this subchapter to an
499	520		elected attorney representing the state in the prosecution of
500	521		felony cases who meets the requirements of this section for an
501	522		active judicial officer. The department shall waive any fee
502	523		required for the issuance of an original, duplicate, or renewed
503	524		license under this subchapter for an applicant who is an attorney
504	525		elected or employed to represent the state in the prosecution of
505	526		felony cases.
506	527		SECTION 27. Section 411.203, Government Code, is amended to
507	528		read as follows:
508	529		Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
509	530		not prevent or otherwise limit the right of a public or private
510	531		employer to prohibit persons who are licensed under this subchapter
511	532		from carrying a [concealed] handgun on the premises of the
512	533		business. In this section, "premises" has the meaning assigned by
513	534		Section 46.035(f)(3), Penal Code.
514	535		SECTION 28. Section 411.2032(b), Government Code, is
515	536		amended to read as follows:
516	537		(b) An institution of higher education or private or
517	538		independent institution of higher education in this state may not
518	539		adopt or enforce any rule, regulation, or other provision or take
519	540		any other action, including posting notice under Section 30.06 or
520	541		30.07, Penal Code, prohibiting or placing restrictions on the
521	542		storage or transportation of a firearm or ammunition in a locked,
522	543		privately owned or leased motor vehicle by a person, including a
523	544		student enrolled at that institution, who holds a license to carry a
524	545		[concealed] handgun under this subchapter and lawfully possesses
525	546		the firearm or ammunition:
526	547		(1) on a street or driveway located on the campus of
527	548		the institution; or
528	549		(2) in a parking lot, parking garage, or other parking
529	550		area located on the campus of the institution.
530	551		SECTION 29. Section 12.092(b), Health and Safety Code, is
531	552		amended to read as follows:
532	553		(b) The medical advisory board shall assist the Department
533	554		of Public Safety of the State of Texas in determining whether:
534	555		(1) an applicant for a driver's license or a license
535	556		holder is capable of safely operating a motor vehicle; or
536	557		(2) an applicant for or holder of a license to carry a
537	558		[concealed] handgun under the authority of Subchapter H, Chapter
538	559		411, Government Code, or an applicant for or holder of a commission
539	560		as a security officer under Chapter 1702, Occupations Code, is
540	561		capable of exercising sound judgment with respect to the proper use
541	562		and storage of a handgun.
542	563		SECTION 30. Sections 52.061 and 52.062, Labor Code, are
543	564		amended to read as follows:
544	565		Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
545	566		OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
546	567		may not prohibit an employee who holds a license to carry a
547	568		[concealed] handgun under Subchapter H, Chapter 411, Government
548	569		Code, who otherwise lawfully possesses a firearm, or who lawfully
549	570		possesses ammunition from transporting or storing a firearm or
550	571		ammunition the employee is authorized by law to possess in a locked,
551	572		privately owned motor vehicle in a parking lot, parking garage, or
552	573		other parking area the employer provides for employees.
553	574		Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
554	575		(1) authorize a person who holds a license to carry a
555	576		[concealed] handgun under Subchapter H, Chapter 411, Government
556	577		Code, who otherwise lawfully possesses a firearm, or who lawfully
557	578		possesses ammunition to possess a firearm or ammunition on any
558	579		property where the possession of a firearm or ammunition is
559	580		prohibited by state or federal law; or
560	581		(2) apply to:
561	582		(A) a vehicle owned or leased by a public or
562	583		private employer and used by an employee in the course and scope of
563	584		the employee's employment, unless the employee is required to
564	585		transport or store a firearm in the official discharge of the
565	586		employee's duties;
566	587		(B) a school district;
567	588		(C) an open-enrollment charter school, as
568	589		defined by Section 5.001, Education Code;
569	590		(D) a private school, as defined by Section
570	591		22.081, Education Code;
571	592		(E) property owned or controlled by a person,
572	593		other than the employer, that is subject to a valid, unexpired oil,
573	594		gas, or other mineral lease that contains a provision prohibiting
574	595		the possession of firearms on the property; or
575	596		(F) property owned or leased by a chemical
576	597		manufacturer or oil and gas refiner with an air authorization under
577	598		Chapter 382, Health and Safety Code, and on which the primary
578	599		business conducted is the manufacture, use, storage, or
579	600		transportation of hazardous, combustible, or explosive materials,
580	601		except in regard to an employee who holds a license to carry a
581	602		[concealed] handgun under Subchapter H, Chapter 411, Government
582	603		Code, and who stores a firearm or ammunition the employee is
583	604		authorized by law to possess in a locked, privately owned motor
584	605		vehicle in a parking lot, parking garage, or other parking area the
585	606		employer provides for employees that is outside of a secured and
586	607		restricted area:
587	608		(i) that contains the physical plant;
588	609		(ii) that is not open to the public; and
589	610		(iii) the ingress into which is constantly
590	611		monitored by security personnel.
591	612		(b) Section 52.061 does not prohibit an employer from
592	613		prohibiting an employee who holds a license to carry a [concealed]
593	614		handgun under Subchapter H, Chapter 411, Government Code, or who
594	615		otherwise lawfully possesses a firearm, from possessing a firearm
595	616		the employee is otherwise authorized by law to possess on the
596	617		premises of the employer's business. In this subsection,
597	618		"premises" has the meaning assigned by Section 46.035(f)(3), Penal
598	619		Code.
599	620		SECTION 31. (a) Section 118.011(b), Local Government
600	621		Code, as effective until September 1, 2019, is amended to read as
601	622		follows:
602	623		(b) The county clerk may set and collect the following fee
603	624		from any person:
604	625		(1) Returned Check (Sec. 118.0215) . . . . . . not
605	626		less than $15 or more than $30
606	627		(2) Records Management and Preservation Fee (Sec.
607	628		118.0216) . . . . . . . . . . . . . . . . . . . . not more than
608	629		$10
609	630		(3) Mental Health Background Check for License to
610	631		Carry a Handgun [Concealed Weapon] (Sec. 118.0217) . . . . . not
611	632		more than $2
612	633		(b) This section takes effect September 1, 2015.
613	634		SECTION 32. (a) Section 118.011(b), Local Government
614	635		Code, as effective September 1, 2019, is amended to read as follows:
615	636		(b) The county clerk may set and collect the following fee
616	637		from any person:
617	638		(1) Returned Check (Sec. 118.0215) . . . . . . not
618	639		less than $15 or more than $30
619	640		(2) Records Management and Preservation Fee (Sec.
620	641		118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
621	642		than $5
622	643		(3) Mental Health Background Check for License to
623	644		Carry a Handgun [Concealed Weapon] (Sec. 118.0217) . . . . . not
624	645		more than $2
625	646		(b) This section takes effect September 1, 2019.
626	647		SECTION 33. Section 118.0217(a), Local Government Code, is
627	648		amended to read as follows:
628	649		(a) The fee for a "mental health background check for
629	650		license to carry a handgun [concealed weapon]" is for a check,
630	651		conducted by the county clerk at the request of the Texas Department
631	652		of Public Safety, of the county records involving the mental
632	653		condition of a person who applies for a license to carry a
633	654		[concealed] handgun under Subchapter H, Chapter 411, Government
634	655		Code. The fee, not to exceed $2, will be paid from the application
635	656		fee submitted to the Department of Public Safety according to
636	657		Section 411.174(a)(6), Government Code.
637	658		SECTION 34. Section 229.001(b), Local Government Code, is
638	659		amended to read as follows:
639	660		(b) Subsection (a) does not affect the authority a
640	661		municipality has under another law to:
641	662		(1) require residents or public employees to be armed
642	663		for personal or national defense, law enforcement, or another
643	664		lawful purpose;
644	665		(2) regulate the discharge of firearms or air guns
645	666		within the limits of the municipality, other than at a sport
646	667		shooting range;
647	668		(3) regulate the use of property, the location of a
648	669		business, or uses at a business under the municipality's fire code,
649	670		zoning ordinance, or land-use regulations as long as the code,
650	671		ordinance, or regulations are not used to circumvent the intent of
651	672		Subsection (a) or Subdivision (5) of this subsection;
652	673		(4) regulate the use of firearms or air guns in the
653	674		case of an insurrection, riot, or natural disaster if the
654	675		municipality finds the regulations necessary to protect public
655	676		health and safety;
656	677		(5) regulate the storage or transportation of
657	678		explosives to protect public health and safety, except that 25
658	679		pounds or less of black powder for each private residence and 50
659	680		pounds or less of black powder for each retail dealer are not
660	681		subject to regulation;
661	682		(6) regulate the carrying of a firearm or air gun by a
662	683		person other than a person licensed to carry a [concealed] handgun
663	684		under Subchapter H, Chapter 411, Government Code, at a:
664	685		(A) public park;
665	686		(B) public meeting of a municipality, county, or
666	687		other governmental body;
667	688		(C) political rally, parade, or official
668	689		political meeting; or
669	690		(D) nonfirearms-related school, college, or
670	691		professional athletic event;
671	692		(7) regulate the hours of operation of a sport
672	693		shooting range, except that the hours of operation may not be more
673	694		limited than the least limited hours of operation of any other
674	695		business in the municipality other than a business permitted or
675	696		licensed to sell or serve alcoholic beverages for on-premises
676	697		consumption; or
677	698		(8) regulate the carrying of an air gun by a minor on:
678	699		(A) public property; or
679	700		(B) private property without consent of the
680	701		property owner.
681	702		SECTION 35. The heading to Section 1701.260, Occupations
682	703		Code, is amended to read as follows:
683	704		Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY A
684	705		[CONCEALED] HANDGUN; CERTIFICATION OF ELIGIBILITY FOR APPOINTMENT
685	706		AS SCHOOL MARSHAL.
686	707		SECTION 36. Sections 1701.260(a) and (i), Occupations Code,
687	708		are amended to read as follows:
688	709		(a) The commission shall establish and maintain a training
689	710		program open to any employee of a school district or
690	711		open-enrollment charter school who holds a license to carry a
691	712		[concealed] handgun issued under Subchapter H, Chapter 411,
692	713		Government Code. The training may be conducted only by the
693	714		commission staff or a provider approved by the commission.
694	715		(i) The commission shall revoke a person's school marshal
695	716		license if the commission is notified by the Department of Public
696	717		Safety that the person's license to carry a [concealed] handgun
697	718		issued under Subchapter H, Chapter 411, Government Code, has been
698	719		suspended or revoked. A person whose school marshal license is
699	720		revoked may obtain recertification by:
700	721		(1) furnishing proof to the commission that the
701	722		person's [concealed] handgun license has been reinstated; and
702	723		(2) completing the initial training under Subsection
703	724		(c) to the satisfaction of the commission staff, paying the fee for
704	725		the training, and demonstrating psychological fitness on the
705	726		psychological examination described in Subsection (d).
706	727		SECTION 37. Section 1702.206(b), Occupations Code, is
707	728		amended to read as follows:
708	729		(b) An individual who is acting as a personal protection
709	730		officer and is wearing the uniform of a security officer, including
710	731		any uniform or apparel described by Section 1702.323(d), may not
711	732		conceal any firearm the individual is carrying and shall carry the
712	733		firearm in plain view. An individual who is acting as a personal
713	734		protection officer and is not wearing the uniform of a security
714	735		officer shall conceal the firearm, regardless of whether the
715	736		individual is authorized to openly carry the firearm under any
716	737		other law.
717	738		SECTION 38. Sections 62.082(d) and (e), Parks and Wildlife
718	739		Code, are amended to read as follows:
719	740		(d) Section 62.081 does not apply to:
720	741		(1) an employee of the Lower Colorado River Authority;
721	742		(2) a person authorized to hunt under Subsection (c);
722	743		(3) a peace officer as defined by Article 2.12, Code of
723	744		Criminal Procedure; or
724	745		(4) a person who:
725	746		(A) possesses a [concealed] handgun and a license
726	747		issued under Subchapter H, Chapter 411, Government Code, to carry a
727	748		[concealed] handgun; or
728	749		(B) under circumstances in which the person would
729	750		be justified in the use of deadly force under Chapter 9, Penal Code,
730	751		shoots a handgun the person is licensed to carry under Subchapter H,
731	752		Chapter 411, Government Code.
732	753		(e) A state agency, including the department, the
733	754		Department of Public Safety, and the Lower Colorado River
734	755		Authority, may not adopt a rule that prohibits a person who
735	756		possesses a license issued under Subchapter H, Chapter 411,
736	757		Government Code, from entering or crossing the land of the Lower
737	758		Colorado River Authority while:
738	759		(1) possessing a [concealed] handgun; or
739	760		(2) under circumstances in which the person would be
740	761		justified in the use of deadly force under Chapter 9, Penal Code,
741	762		shooting a handgun.
742	763		SECTION 39. Section 284.001(e), Parks and Wildlife Code, is
743	764		amended to read as follows:
744	765		(e) This section does not limit the ability of a license
745	766		holder to carry a [concealed] handgun under the authority of
746	767		Subchapter H, Chapter 411, Government Code.
747	768		SECTION 40. Section 30.05(f), Penal Code, is amended to
748	769		read as follows:
749	770		(f) It is a defense to prosecution under this section that:
750	771		(1) the basis on which entry on the property or land or
751	772		in the building was forbidden is that entry with a handgun was
752	773		forbidden; and
753	774		(2) the person was carrying:
754	775		(A) a [concealed handgun and a] license issued
755	776		under Subchapter H, Chapter 411, Government Code, to carry a
756	777		[concealed] handgun; and
757	778		(B) a handgun:
758	779		(i) in a concealed manner; or
759	780		(ii) in a shoulder or belt holster.
760	781		SECTION 41. The heading to Section 30.06, Penal Code, is
761	782		amended to read as follows:
762	783		Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A [OF LICENSE TO
763	784		CARRY] CONCEALED HANDGUN.
764	785		SECTION 42. Section 30.06(a), Penal Code, is amended to
765	786		read as follows:
766	787		(a) A license holder commits an offense if the license
767	788		holder:
768	789		(1) carries a concealed handgun under the authority of
769	790		Subchapter H, Chapter 411, Government Code, on property of another
770	791		without effective consent; and
771	792		(2) received notice that:
772	793		(A) entry on the property by a license holder
773	794		with a concealed handgun was forbidden; or
774	795		(B) remaining on the property with a concealed
775	796		handgun was forbidden and failed to depart.
776	797		SECTION 43. Section 30.06(c)(3), Penal Code, is amended to
777	798		read as follows:
778	799		(3) "Written communication" means:
779	800		(A) a card or other document on which is written
780	801		language identical to the following: "Pursuant to Section 30.06,
781	802		Penal Code (trespass by license holder with [of license to carry] a
782	803		concealed handgun), a person licensed under Subchapter H, Chapter
783	804		411, Government Code ([concealed] handgun licensing law), may not
784	805		enter this property with a concealed handgun"; or
785	806		(B) a sign posted on the property that:
786	807		(i) includes the language described by
787	808		Paragraph (A) in both English and Spanish;
788	809		(ii) appears in contrasting colors with
789	810		block letters at least one inch in height; and
790	811		(iii) is displayed in a conspicuous manner
791	812		clearly visible to the public.
792	813		SECTION 44. Chapter 30, Penal Code, is amended by adding
793	814		Section 30.07 to read as follows:
794	815		Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY
795	816		CARRIED HANDGUN. (a) A license holder commits an offense if the
796	817		license holder:
797	818		(1) openly carries a handgun under the authority of
798	819		Subchapter H, Chapter 411, Government Code, on property of another
799	820		without effective consent; and
800	821		(2) received notice that:
801	822		(A) entry on the property by a license holder
802	823		openly carrying a handgun was forbidden; or
803	824		(B) remaining on the property while openly
804	825		carrying a handgun was forbidden and failed to depart.
805	826		(b) For purposes of this section, a person receives notice
806	827		if the owner of the property or someone with apparent authority to
807	828		act for the owner provides notice to the person by oral or written
808	829		communication.
809	830		(c) In this section:
810	831		(1) "Entry" has the meaning assigned by Section
811	832		30.05(b).
812	833		(2) "License holder" has the meaning assigned by
813	834		Section 46.035(f).
814	835		(3) "Written communication" means:
815	836		(A) a card or other document on which is written
816	837		language identical to the following: "Pursuant to Section 30.07,
817	838		Penal Code (trespass by license holder with an openly carried
818	839		handgun), a person licensed under Subchapter H, Chapter 411,
819	840		Government Code (handgun licensing law), may not enter this
820	841		property with a handgun that is carried openly"; or
821	842		(B) a sign posted on the property that:
822	843		(i) includes the language described by
823	844		Paragraph (A) in both English and Spanish;
824	845		(ii) appears in contrasting colors with
825	846		block letters at least one inch in height; and
826	847		(iii) is displayed in a conspicuous manner
827	848		clearly visible to the public at each entrance to the property.
828	849		(d) An offense under this section is a Class A misdemeanor.
829	850		(e) It is an exception to the application of this section
830	851		that the property on which the license holder openly carries the
831	852		handgun is owned or leased by a governmental entity and is not a
832	853		premises or other place on which the license holder is prohibited
833	854		from carrying the handgun under Section 46.03 or 46.035.
834	855		(f) It is not a defense to prosecution under this section
835	856		that the handgun was carried in a shoulder or belt holster.
836	857		SECTION 45. Section 46.02(a-1), Penal Code, is amended to
837	858		read as follows:
838	859		(a-1) A person commits an offense if the person
839	860		intentionally, knowingly, or recklessly carries on or about his or
840	861		her person a handgun in a motor vehicle or watercraft that is owned
841	862		by the person or under the person's control at any time in which:
842	863		(1) the handgun is in plain view, unless the person is
843	864		licensed to carry a handgun under Subchapter H, Chapter 411,
844	865		Government Code, and the handgun is carried in a shoulder or belt
845	866		holster; or
846	867		(2) the person is:
847	868		(A) engaged in criminal activity, other than a
848	869		Class C misdemeanor that is a violation of a law or ordinance
849	870		regulating traffic or boating;
850	871		(B) prohibited by law from possessing a firearm;
851	872		or
852	873		(C) a member of a criminal street gang, as
853	874		defined by Section 71.01.
854	875		SECTION 46. Section 46.03(f), Penal Code, is amended to
855	876		read as follows:
856	877		(f) It is not a defense to prosecution under this section
857	878		that the actor possessed a handgun and was licensed to carry a
858	879		[concealed] handgun under Subchapter H, Chapter 411, Government
859	880		Code.
860		-	SECTION 47. Sections 46.035(a), (b), (c), (d), and (i),
861		-	Penal Code, are amended to read as follows:
	881	+	SECTION 47. Section 46.035, Penal Code, is amended by
	882	+	amending Subsections (a), (b), (c), (d), (h), (i), and (j) and
	883	+	adding Subsections (a-1) and (a-2) to read as follows:
862	884		(a) A license holder commits an offense if the license
863	885		holder carries a handgun on or about the license holder's person
864	886		under the authority of Subchapter H, Chapter 411, Government Code,
865	887		and intentionally displays the handgun in plain view of another
866	888		person in a public place. It is an exception to the application of
867	889		this subsection that the handgun was partially or wholly visible
868	890		but was carried in a shoulder or belt holster by the license holder.
	891	+	(a-1) Notwithstanding Subsection (a), a license holder
	892	+	commits an offense if the license holder carries a partially or
	893	+	wholly visible handgun, regardless of whether the handgun is
	894	+	holstered, on or about the license holder's person under the
	895	+	authority of Subchapter H, Chapter 411, Government Code, and
	896	+	intentionally or knowingly displays the handgun in plain view of
	897	+	another person:
	898	+	(1) on the premises of an institution of higher
	899	+	education or private or independent institution of higher
	900	+	education; or
	901	+	(2) on any public or private driveway, street,
	902	+	sidewalk or walkway, parking lot, parking garage, or other parking
	903	+	area of an institution of higher education or private or
	904	+	independent institution of higher education.
	905	+	(a-2) Subsection (a-1) does not authorize a license holder
	906	+	to carry a concealed handgun at a location described by that
	907	+	subsection.
869	908		(b) A license holder commits an offense if the license
870	909		holder intentionally, knowingly, or recklessly carries a handgun
871	910		under the authority of Subchapter H, Chapter 411, Government Code,
872	911		regardless of whether the handgun is concealed or carried in a
873	912		shoulder or belt holster, on or about the license holder's person:
874	913		(1) on the premises of a business that has a permit or
875	914		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
876	915		Beverage Code, if the business derives 51 percent or more of its
877	916		income from the sale or service of alcoholic beverages for
878	917		on-premises consumption, as determined by the Texas Alcoholic
879	918		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
880	919		(2) on the premises where a high school, collegiate,
881	920		or professional sporting event or interscholastic event is taking
882	921		place, unless the license holder is a participant in the event and a
883	922		handgun is used in the event;
884	923		(3) on the premises of a correctional facility;
885	924		(4) on the premises of a hospital licensed under
886	925		Chapter 241, Health and Safety Code, or on the premises of a nursing
887	926		home licensed under Chapter 242, Health and Safety Code, unless the
888	927		license holder has written authorization of the hospital or nursing
889	928		home administration, as appropriate;
890	929		(5) in an amusement park; or
891	930		(6) on the premises of a church, synagogue, or other
892	931		established place of religious worship.
893	932		(c) A license holder commits an offense if the license
894	933		holder intentionally, knowingly, or recklessly carries a handgun
895	934		under the authority of Subchapter H, Chapter 411, Government Code,
896	935		regardless of whether the handgun is concealed or carried in a
897	936		shoulder or belt holster, at any meeting of a governmental entity.
898	937		(d) A license holder commits an offense if, while
899	938		intoxicated, the license holder carries a handgun under the
900	939		authority of Subchapter H, Chapter 411, Government Code, regardless
901	940		of whether the handgun is concealed or carried in a shoulder or belt
902	941		holster.
	942	+	(h) It is a defense to prosecution under Subsection (a) or
	943	+	(a-1) that the actor, at the time of the commission of the offense,
	944	+	displayed the handgun under circumstances in which the actor would
	945	+	have been justified in the use of force or deadly force under
	946	+	Chapter 9.
903	947		(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
904	948		if the actor was not given effective notice under Section 30.06 or
905	949		30.07.
906		-	SECTION 48. Sections 46.15(a) and (b), Penal Code, are
	950	+	(j) Subsections (a), (a-1), and (b)(1) do not apply to a
	951	+	historical reenactment performed in compliance with the rules of
	952	+	the Texas Alcoholic Beverage Commission.
	953	+	SECTION 48. Section 46.035(f), Penal Code, is amended by
	954	+	adding Subdivision (1-a) to read as follows:
	955	+	(1-a) "Institution of higher education" and "private
	956	+	or independent institution of higher education" have the meanings
	957	+	assigned by Section 61.003, Education Code.
	958	+	SECTION 49. Sections 46.15(a) and (b), Penal Code, are
907	959		amended to read as follows:
908	960		(a) Sections 46.02 and 46.03 do not apply to:
909	961		(1) peace officers or special investigators under
910	962		Article 2.122, Code of Criminal Procedure, and neither section
911	963		prohibits a peace officer or special investigator from carrying a
912	964		weapon in this state, including in an establishment in this state
913	965		serving the public, regardless of whether the peace officer or
914	966		special investigator is engaged in the actual discharge of the
915	967		officer's or investigator's duties while carrying the weapon;
916	968		(2) parole officers and neither section prohibits an
917	969		officer from carrying a weapon in this state if the officer is:
918	970		(A) engaged in the actual discharge of the
919	971		officer's duties while carrying the weapon; and
920	972		(B) in compliance with policies and procedures
921	973		adopted by the Texas Department of Criminal Justice regarding the
922	974		possession of a weapon by an officer while on duty;
923	975		(3) community supervision and corrections department
924	976		officers appointed or employed under Section 76.004, Government
925	977		Code, and neither section prohibits an officer from carrying a
926	978		weapon in this state if the officer is:
927	979		(A) engaged in the actual discharge of the
928	980		officer's duties while carrying the weapon; and
929	981		(B) authorized to carry a weapon under Section
930	982		76.0051, Government Code;
931	983		(4) an active judicial officer as defined by Section
932	984		411.201, Government Code, who is licensed to carry a [concealed]
933	985		handgun under Subchapter H, Chapter 411, Government Code;
934	986		(5) an honorably retired peace officer, qualified
935	987		retired law enforcement officer, federal criminal investigator, or
936	988		former reserve law enforcement officer who holds a certificate of
937	989		proficiency issued under Section 1701.357, Occupations Code, and is
938	990		carrying a photo identification that is issued by a federal, state,
939	991		or local law enforcement agency, as applicable, and that verifies
940	992		that the officer is:
941	993		(A) an honorably retired peace officer;
942	994		(B) a qualified retired law enforcement officer;
943	995		(C) a federal criminal investigator; or
944	996		(D) a former reserve law enforcement officer who
945	997		has served in that capacity not less than a total of 15 years with
946	998		one or more state or local law enforcement agencies;
947	999		(6) a district attorney, criminal district attorney,
948	1000		county attorney, or municipal attorney who is licensed to carry a
949	1001		[concealed] handgun under Subchapter H, Chapter 411, Government
950	1002		Code;
951	1003		(7) an assistant district attorney, assistant
952	1004		criminal district attorney, or assistant county attorney who is
953	1005		licensed to carry a [concealed] handgun under Subchapter H, Chapter
954	1006		411, Government Code;
955	1007		(8) a bailiff designated by an active judicial officer
956	1008		as defined by Section 411.201, Government Code, who is:
957	1009		(A) licensed to carry a [concealed] handgun under
958	1010		Subchapter H, Chapter 411, Government Code; and
959	1011		(B) engaged in escorting the judicial officer; or
960	1012		(9) a juvenile probation officer who is authorized to
961	1013		carry a firearm under Section 142.006, Human Resources Code.
962	1014		(b) Section 46.02 does not apply to a person who:
963	1015		(1) is in the actual discharge of official duties as a
964	1016		member of the armed forces or state military forces as defined by
965	1017		Section 437.001, Government Code, or as a guard employed by a penal
966	1018		institution;
967	1019		(2) is traveling;
968	1020		(3) is engaging in lawful hunting, fishing, or other
969	1021		sporting activity on the immediate premises where the activity is
970	1022		conducted, or is en route between the premises and the actor's
971	1023		residence, motor vehicle, or watercraft, if the weapon is a type
972	1024		commonly used in the activity;
973	1025		(4) holds a security officer commission issued by the
974	1026		Texas Private Security Board, if the person is engaged in the
975	1027		performance of the person's duties as an officer commissioned under
976	1028		Chapter 1702, Occupations Code, or is traveling to or from the
977	1029		person's place of assignment and is wearing the officer's uniform
978	1030		and carrying the officer's weapon in plain view;
979	1031		(5) acts as a personal protection officer and carries
980	1032		the person's security officer commission and personal protection
981	1033		officer authorization, if the person:
982	1034		(A) is engaged in the performance of the person's
983	1035		duties as a personal protection officer under Chapter 1702,
984	1036		Occupations Code, or is traveling to or from the person's place of
985	1037		assignment; and
986	1038		(B) is either:
987	1039		(i) wearing the uniform of a security
988	1040		officer, including any uniform or apparel described by Section
989	1041		1702.323(d), Occupations Code, and carrying the officer's weapon in
990	1042		plain view; or
991	1043		(ii) not wearing the uniform of a security
992	1044		officer and carrying the officer's weapon in a concealed manner;
993	1045		(6) is carrying:
994	1046		(A) a [concealed handgun and a valid] license
995	1047		issued under Subchapter H, Chapter 411, Government Code, to carry a
996	1048		[concealed] handgun; and
997	1049		(B) a handgun:
998	1050		(i) in a concealed manner; or
999	1051		(ii) in a shoulder or belt holster;
1000	1052		(7) holds an alcoholic beverage permit or license or
1001	1053		is an employee of a holder of an alcoholic beverage permit or
1002	1054		license if the person is supervising the operation of the permitted
1003	1055		or licensed premises; or
1004	1056		(8) is a student in a law enforcement class engaging in
1005	1057		an activity required as part of the class, if the weapon is a type
1006	1058		commonly used in the activity and the person is:
1007	1059		(A) on the immediate premises where the activity
1008	1060		is conducted; or
1009	1061		(B) en route between those premises and the
1010	1062		person's residence and is carrying the weapon unloaded.
1011		-	SECTION 49. Section 411.171(3), Government Code, is
	1063	+	SECTION 50. Section 411.171(3), Government Code, is
1012	1064		repealed.
1013		-	SECTION 50. The change in law made by this Act relating to
	1065	+	SECTION 51. The change in law made by this Act relating to
1014	1066		the authority of a license holder to openly carry a holstered
1015	1067		handgun applies to the carrying of a handgun on or after the
1016	1068		effective date of this Act by any person who:
1017	1069		(1) holds a license issued under Subchapter H, Chapter
1018	1070		411, Government Code, regardless of whether the person's license
1019	1071		was issued before, on, or after the effective date of this Act; or
1020	1072		(2) applies for the issuance of a license under that
1021	1073		subchapter, regardless of whether the person applied for the
1022	1074		license before, on, or after the effective date of this Act.
1023		-	SECTION 51. The changes in law made by this Act to Sections
	1075	+	SECTION 52. The changes in law made by this Act to Sections
1024	1076		62.082 and 284.001, Parks and Wildlife Code, and to Sections 30.05,
1025	1077		30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply only to an
1026	1078		offense committed on or after the effective date of this Act. An
1027	1079		offense committed before the effective date of this Act is governed
1028	1080		by the law in effect on the date the offense was committed, and the
1029	1081		former law is continued in effect for that purpose. For purposes of
1030	1082		this section, an offense was committed before the effective date of
1031	1083		this Act if any element of the offense occurred before that date.
1032		-	SECTION 52. Except as otherwise provided by this Act, this
1033		-	Act takes effect September 1, 2015.
1034		-	* * * * *
	1084	+	SECTION 53. Except as otherwise provided by this Act, this
	1085	+	Act takes effect January 1, 2016.