Texas 2015 - 84th Regular

Texas Senate Bill SB346 Compare Versions

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

Old	New	Differences
1	1	84R5599 JSC-D
2	2	By: Estes S.B. No. 346
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a person who is licensed to carry a
8	8	handgun to openly carry a holstered handgun; creating a criminal
9	9	offense; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is
12	12	amended to read as follows:
13	13	(a) Each holder of a permit who is not otherwise required to
14	14	display a sign under Section 411.204, Government Code, shall
15	15	display in a prominent place on the permit holder's premises a sign
16	16	giving notice that it is unlawful for a person to carry a weapon on
17	17	the premises unless the weapon is a [concealed] handgun the person
18	18	is licensed to carry under Subchapter H, Chapter 411, Government
19	19	Code.
20	20	SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
21	21	amended to read as follows:
22	22	(e) Except as provided by Subsection (f) or (i), the
23	23	commission or administrator shall cancel an original or renewal
24	24	permit if it is found, after notice and hearing, that the permittee
25	25	knowingly allowed a person to possess a firearm in a building on the
26	26	licensed premises. This subsection does not apply to a person:
27	27	(1) who holds a security officer commission issued
28	28	under Chapter 1702, Occupations Code, if:
29	29	(A) the person is engaged in the performance of
30	30	the person's duties as a security officer;
31	31	(B) the person is wearing a distinctive uniform;
32	32	and
33	33	(C) the weapon is in plain view;
34	34	(2) who is a peace officer;
35	35	(3) who is a permittee or an employee of a permittee if
36	36	the person is supervising the operation of the premises; or
37	37	(4) who possesses a [concealed] handgun the person is
38	38	licensed to carry under Subchapter H, Chapter 411, Government Code,
39	39	unless the person is on the premises of a business described by
40	40	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] handgun the person
48	48	is licensed to carry under Subchapter H, Chapter 411, Government
49	49	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	unless the person is on the premises of a business described by
71	71	Section 46.035(b)(1), Penal Code.
72	72	SECTION 5. Article 7A.05(c), Code of Criminal Procedure, is
73	73	amended to read as follows:
74	74	(c) In a protective order, the court may suspend a license
75	75	to carry a [concealed] handgun issued under Section 411.177,
76	76	Government Code, that is held by the alleged offender.
77	77	SECTION 6. Article 17.292(l), Code of Criminal Procedure,
78	78	is amended to read as follows:
79	79	(l) In the order for emergency protection, the magistrate
80	80	shall suspend a license to carry a [concealed] handgun issued under
81	81	Subchapter H, Chapter 411, Government Code, that is held by the
82	82	defendant.
83	83	SECTION 7. Article 17.293, Code of Criminal Procedure, is
84	84	amended to read as follows:
85	85	Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
86	86	OTHER PERSONS. The magistrate or the clerk of the magistrate's
87	87	court issuing an order for emergency protection under Article
88	88	17.292 that suspends a license to carry a [concealed] handgun shall
89	89	immediately send a copy of the order to the appropriate division of
90	90	the Department of Public Safety at its Austin headquarters. On
91	91	receipt of the order suspending the license, the department shall:
92	92	(1) record the suspension of the license in the
93	93	records of the department;
94	94	(2) report the suspension to local law enforcement
95	95	agencies, as appropriate; and
96	96	(3) demand surrender of the suspended license from the
97	97	license holder.
98	98	SECTION 8. Sections 37.0811(d) and (f), Education Code, are
99	99	amended to read as follows:
100	100	(d) Any written regulations adopted for purposes of
101	101	Subsection (c) must provide that a school marshal may carry a
102	102	[concealed] handgun as described by Subsection (c), except that if
103	103	the primary duty of the school marshal involves regular, direct
104	104	contact with students, the marshal may not carry a [concealed]
105	105	handgun but may possess a handgun on the physical premises of a
106	106	school in a locked and secured safe within the marshal's immediate
107	107	reach when conducting the marshal's primary duty. The written
108	108	regulations must also require that a handgun carried by or within
109	109	access of a school marshal may be loaded only with frangible
110	110	ammunition designed to disintegrate on impact for maximum safety
111	111	and minimal danger to others.
112	112	(f) A school district or charter school employee's status as
113	113	a school marshal becomes inactive on:
114	114	(1) expiration of the employee's school marshal
115	115	license under Section 1701.260, Occupations Code;
116	116	(2) suspension or revocation of the employee's license
117	117	to carry a [concealed] handgun issued under Subchapter H, Chapter
118	118	411, Government Code;
119	119	(3) termination of the employee's employment with the
120	120	district or charter school; or
121	121	(4) notice from the board of trustees of the district
122	122	or the governing body of the charter school that the employee's
123	123	services as school marshal are no longer required.
124	124	SECTION 9. Section 63.0101, Election Code, is amended to
125	125	read as follows:
126	126	Sec. 63.0101. DOCUMENTATION OF PROOF OF
127	127	IDENTIFICATION. The following documentation is an acceptable form
128	128	of photo identification under this chapter:
129	129	(1) a driver's license, election identification
130	130	certificate, or personal identification card issued to the person
131	131	by the Department of Public Safety that has not expired or that
132	132	expired no earlier than 60 days before the date of presentation;
133	133	(2) a United States military identification card that
134	134	contains the person's photograph that has not expired or that
135	135	expired no earlier than 60 days before the date of presentation;
136	136	(3) a United States citizenship certificate issued to
137	137	the person that contains the person's photograph;
138	138	(4) a United States passport issued to the person that
139	139	has not expired or that expired no earlier than 60 days before the
140	140	date of presentation; or
141	141	(5) a license to carry a [concealed] handgun issued to
142	142	the person by the Department of Public Safety that has not expired
143	143	or that expired no earlier than 60 days before the date of
144	144	presentation.
145	145	SECTION 10. Section 2.005(b), Family Code, is amended to
146	146	read as follows:
147	147	(b) The proof must be established by:
148	148	(1) a driver's license or identification card issued
149	149	by this state, another state, or a Canadian province that is current
150	150	or has expired not more than two years preceding the date the
151	151	identification is submitted to the county clerk in connection with
152	152	an application for a license;
153	153	(2) a United States passport;
154	154	(3) a current passport issued by a foreign country or a
155	155	consular document issued by a state or national government;
156	156	(4) an unexpired Certificate of United States
157	157	Citizenship, Certificate of Naturalization, United States Citizen
158	158	Identification Card, Permanent Resident Card, Temporary Resident
159	159	Card, Employment Authorization Card, or other document issued by
160	160	the federal Department of Homeland Security or the United States
161	161	Department of State including an identification photograph;
162	162	(5) an unexpired military identification card for
163	163	active duty, reserve, or retired personnel with an identification
164	164	photograph;
165	165	(6) an original or certified copy of a birth
166	166	certificate issued by a bureau of vital statistics for a state or a
167	167	foreign government;
168	168	(7) an original or certified copy of a Consular Report
169	169	of Birth Abroad or Certificate of Birth Abroad issued by the United
170	170	States Department of State;
171	171	(8) an original or certified copy of a court order
172	172	relating to the applicant's name change or sex change;
173	173	(9) school records from a secondary school or
174	174	institution of higher education;
175	175	(10) an insurance policy continuously valid for the
176	176	two years preceding the date of the application for a license;
177	177	(11) a motor vehicle certificate of title;
178	178	(12) military records, including documentation of
179	179	release or discharge from active duty or a draft record;
180	180	(13) an unexpired military dependent identification
181	181	card;
182	182	(14) an original or certified copy of the applicant's
183	183	marriage license or divorce decree;
184	184	(15) a voter registration certificate;
185	185	(16) a pilot's license issued by the Federal Aviation
186	186	Administration or another authorized agency of the United States;
187	187	(17) a license to carry a [concealed] handgun under
188	188	Subchapter H, Chapter 411, Government Code;
189	189	(18) a temporary driving permit or a temporary
190	190	identification card issued by the Department of Public Safety; or
191	191	(19) an offender identification card issued by the
192	192	Texas Department of Criminal Justice.
193	193	SECTION 11. Section 58.003(m), Family Code, is amended to
194	194	read as follows:
195	195	(m) On request of the Department of Public Safety, a
196	196	juvenile court shall reopen and allow the department to inspect the
197	197	files and records of the juvenile court relating to an applicant for
198	198	a license to carry a [concealed] handgun under Subchapter H,
199	199	Chapter 411, Government Code.
200	200	SECTION 12. Section 85.022(d), Family Code, is amended to
201	201	read as follows:
202	202	(d) In a protective order, the court shall suspend a license
203	203	to carry a [concealed] handgun issued under Subchapter H, Chapter
204	204	411, Government Code, that is held by a person found to have
205	205	committed family violence.
206	206	SECTION 13. Section 85.042(e), Family Code, is amended to
207	207	read as follows:
208	208	(e) The clerk of the court issuing an original or modified
209	209	protective order under Section 85.022 that suspends a license to
210	210	carry a [concealed] handgun shall send a copy of the order to the
211	211	appropriate division of the Department of Public Safety at its
212	212	Austin headquarters. On receipt of the order suspending the
213	213	license, the department shall:
214	214	(1) record the suspension of the license in the
215	215	records of the department;
216	216	(2) report the suspension to local law enforcement
217	217	agencies, as appropriate; and
218	218	(3) demand surrender of the suspended license from the
219	219	license holder.
220	220	SECTION 14. The heading to Section 411.047, Government
221	221	Code, is amended to read as follows:
222	222	Sec. 411.047. REPORTING RELATED TO CERTAIN [CONCEALED]
223	223	HANDGUN INCIDENTS INVOLVING LICENSE HOLDERS.
224	224	SECTION 15. Section 411.0625, Government Code, is amended
225	225	to read as follows:
226	226	Sec. 411.0625. PASS FOR EXPEDITED ACCESS TO CAPITOL. (a)
227	227	The department shall allow a person to enter the Capitol and the
228	228	Capitol Extension, including any public space in the Capitol or
229	229	Capitol Extension, in the same manner as the department allows
230	230	entry to a person who presents a [concealed handgun] license to
231	231	carry a handgun under Subchapter H if the person:
232	232	(1) obtains from the department a Capitol access pass;
233	233	and
234	234	(2) presents the pass to the appropriate law
235	235	enforcement official when entering the building or a space within
236	236	the building.
237	237	(b) To be eligible for a Capitol access pass, a person must
238	238	meet the eligibility requirements applicable to a license to carry
239	239	a [concealed] handgun under Subchapter H, other than requirements
240	240	regarding evidence of handgun proficiency.
241	241	(c) The department shall adopt rules to establish a
242	242	procedure by which a resident of the state may apply for and be
243	243	issued a Capitol access pass. Rules adopted under this section
244	244	must include provisions for eligibility, application, approval,
245	245	issuance, and renewal that:
246	246	(1) require the department to conduct the same
247	247	background check on an applicant for a Capitol access pass that is
248	248	conducted on an applicant for a [concealed handgun] license to
249	249	carry a handgun under Subchapter H;
250	250	(2) enable the department to conduct the background
251	251	check described by Subdivision (1); and
252	252	(3) establish application and renewal fees in amounts
253	253	sufficient to cover the cost of administering this section, not to
254	254	exceed the amounts of similar fees required under Section 411.174
255	255	for a [concealed handgun] license to carry a handgun [under Section
256	256	411.174].
257	257	SECTION 16. The heading to Subchapter H, Chapter 411,
258	258	Government Code, is amended to read as follows:
259	259	SUBCHAPTER H. LICENSE TO CARRY A [CONCEALED] HANDGUN
260	260	SECTION 17. Sections 411.172(a), (b-1), (g), and (h),
261	261	Government Code, are amended to read as follows:
262	262	(a) A person is eligible for a license to carry a
263	263	[concealed] handgun if the person:
264	264	(1) is a legal resident of this state for the six-month
265	265	period preceding the date of application under this subchapter or
266	266	is otherwise eligible for a license under Section 411.173(a);
267	267	(2) is at least 21 years of age;
268	268	(3) has not been convicted of a felony;
269	269	(4) is not charged with the commission of a Class A or
270	270	Class B misdemeanor or equivalent offense, or of an offense under
271	271	Section 42.01, Penal Code, or equivalent offense, or of a felony
272	272	under an information or indictment;
273	273	(5) is not a fugitive from justice for a felony or a
274	274	Class A or Class B misdemeanor or equivalent offense;
275	275	(6) is not a chemically dependent person;
276	276	(7) is not incapable of exercising sound judgment with
277	277	respect to the proper use and storage of a handgun;
278	278	(8) has not, in the five years preceding the date of
279	279	application, been convicted of a Class A or Class B misdemeanor or
280	280	equivalent offense or of an offense under Section 42.01, Penal
281	281	Code, or equivalent offense;
282	282	(9) is fully qualified under applicable federal and
283	283	state law to purchase a handgun;
284	284	(10) has not been finally determined to be delinquent
285	285	in making a child support payment administered or collected by the
286	286	attorney general;
287	287	(11) has not been finally determined to be delinquent
288	288	in the payment of a tax or other money collected by the comptroller,
289	289	the tax collector of a political subdivision of the state, or any
290	290	agency or subdivision of the state;
291	291	(12) is not currently restricted under a court
292	292	protective order or subject to a restraining order affecting the
293	293	spousal relationship, other than a restraining order solely
294	294	affecting property interests;
295	295	(13) has not, in the 10 years preceding the date of
296	296	application, been adjudicated as having engaged in delinquent
297	297	conduct violating a penal law of the grade of felony; and
298	298	(14) has not made any material misrepresentation, or
299	299	failed to disclose any material fact, in an application submitted
300	300	pursuant to Section 411.174.
301	301	(b-1) An offense is not considered a felony for purposes of
302	302	Subsection (b) if, at the time of a person's application for a
303	303	license to carry a [concealed] handgun, the offense:
304	304	(1) is not designated by a law of this state as a
305	305	felony; and
306	306	(2) does not contain all the elements of any offense
307	307	designated by a law of this state as a felony.
308	308	(g) Notwithstanding Subsection (a)(2), a person who is at
309	309	least 18 years of age but not yet 21 years of age is eligible for a
310	310	license to carry a [concealed] handgun if the person:
311	311	(1) is a member or veteran of the United States armed
312	312	forces, including a member or veteran of the reserves or national
313	313	guard;
314	314	(2) was discharged under honorable conditions, if
315	315	discharged from the United States armed forces, reserves, or
316	316	national guard; and
317	317	(3) meets the other eligibility requirements of
318	318	Subsection (a) except for the minimum age required by federal law to
319	319	purchase a handgun.
320	320	(h) The issuance of a license to carry a [concealed] handgun
321	321	to a person eligible under Subsection (g) does not affect the
322	322	person's ability to purchase a handgun or ammunition under federal
323	323	law.
324	324	SECTION 18. Section 411.173(b), Government Code, is amended
325	325	to read as follows:
326	326	(b) The governor shall negotiate an agreement with any other
327	327	state that provides for the issuance of a license to carry a
328	328	[concealed] handgun under which a license issued by the other state
329	329	is recognized in this state or shall issue a proclamation that a
330	330	license issued by the other state is recognized in this state if the
331	331	attorney general of the State of Texas determines that a background
332	332	check of each applicant for a license issued by that state is
333	333	initiated by state or local authorities or an agent of the state or
334	334	local authorities before the license is issued. For purposes of
335	335	this subsection, "background check" means a search of the National
336	336	Crime Information Center database and the Interstate
337	337	Identification Index maintained by the Federal Bureau of
338	338	Investigation.
339	339	SECTION 19. Section 411.174(a), Government Code, is amended
340	340	to read as follows:
341	341	(a) An applicant for a license to carry a [concealed]
342	342	handgun must submit to the director's designee described by Section
343	343	411.176:
344	344	(1) a completed application on a form provided by the
345	345	department that requires only the information listed in Subsection
346	346	(b);
347	347	(2) one or more photographs of the applicant that meet
348	348	the requirements of the department;
349	349	(3) a certified copy of the applicant's birth
350	350	certificate or certified proof of age;
351	351	(4) proof of residency in this state;
352	352	(5) two complete sets of legible and classifiable
353	353	fingerprints of the applicant taken by a person appropriately
354	354	trained in recording fingerprints who is employed by a law
355	355	enforcement agency or by a private entity designated by a law
356	356	enforcement agency as an entity qualified to take fingerprints of
357	357	an applicant for a license under this subchapter;
358	358	(6) a nonrefundable application and license fee of
359	359	$140 paid to the department;
360	360	(7) evidence of handgun proficiency, in the form and
361	361	manner required by the department;
362	362	(8) an affidavit signed by the applicant stating that
363	363	the applicant:
364	364	(A) has read and understands each provision of
365	365	this subchapter that creates an offense under the laws of this state
366	366	and each provision of the laws of this state related to use of
367	367	deadly force; and
368	368	(B) fulfills all the eligibility requirements
369	369	listed under Section 411.172; and
370	370	(9) a form executed by the applicant that authorizes
371	371	the director to make an inquiry into any noncriminal history
372	372	records that are necessary to determine the applicant's eligibility
373	373	for a license under Section 411.172(a).
374	374	SECTION 20. Section 411.177(a), Government Code, is amended
375	375	to read as follows:
376	376	(a) The department shall issue a license to carry a
377	377	[concealed] handgun to an applicant if the applicant meets all the
378	378	eligibility requirements and submits all the application
379	379	materials. The department shall administer the licensing
380	380	procedures in good faith so that any applicant who meets all the
381	381	eligibility requirements and submits all the application materials
382	382	shall receive a license. The department may not deny an application
383	383	on the basis of a capricious or arbitrary decision by the
384	384	department.
385	385	SECTION 21. Section 411.185(c), Government Code, is amended
386	386	to read as follows:
387	387	(c) The director by rule shall adopt an informational form
388	388	that describes state law regarding the use of deadly force and the
389	389	places where it is unlawful for the holder of a license issued under
390	390	this subchapter to carry a [concealed] handgun. An applicant for a
391	391	renewed license must sign and return the informational form to the
392	392	department by mail or acknowledge the form electronically on the
393	393	Internet according to the procedure adopted under Subsection (f).
394	394	SECTION 22. Section 411.188(g), Government Code, is amended
395	395	to read as follows:
396	396	(g) A person who wishes to obtain a license to carry a
397	397	[concealed] handgun must apply in person to a qualified handgun
398	398	instructor to take the appropriate course in handgun proficiency
399	399	and demonstrate handgun proficiency as required by the department.
400	400	SECTION 23. Sections 411.190(c) and (f), Government Code,
401	401	are amended to read as follows:
402	402	(c) In the manner applicable to a person who applies for a
403	403	license to carry a [concealed] handgun, the department shall
404	404	conduct a background check of a person who applies for
405	405	certification as a qualified handgun instructor. If the background
406	406	check indicates that the applicant for certification would not
407	407	qualify to receive a handgun license, the department may not
408	408	certify the applicant as a qualified handgun instructor. If the
409	409	background check indicates that the applicant for certification
410	410	would qualify to receive a handgun license, the department shall
411	411	provide handgun instructor training to the applicant. The
412	412	applicant shall pay a fee of $100 to the department for the
413	413	training. The applicant must take and successfully complete the
414	414	training offered by the department and pay the training fee before
415	415	the department may certify the applicant as a qualified handgun
416	416	instructor. The department shall issue a license to carry a
417	417	[concealed] handgun under the authority of this subchapter to any
418	418	person who is certified as a qualified handgun instructor and who
419	419	pays to the department a fee of $100 in addition to the training
420	420	fee. The department by rule may prorate or waive the training fee
421	421	for an employee of another governmental entity.
422	422	(f) If the department determines that a reason exists to
423	423	revoke, suspend, or deny a license to carry a [concealed] handgun
424	424	with respect to a person who is a qualified handgun instructor or an
425	425	applicant for certification as a qualified handgun instructor, the
426	426	department shall take that action against the person's:
427	427	(1) license to carry a [concealed] handgun if the
428	428	person is an applicant for or the holder of a license issued under
429	429	this subchapter; and
430	430	(2) certification as a qualified handgun instructor.
431	431	SECTION 24. Section 411.1901(c), Government Code, is
432	432	amended to read as follows:
433	433	(c) A qualified handgun instructor certified in school
434	434	safety under this section may provide school safety training,
435	435	including instruction in the subjects listed under Subsection (a),
436	436	to employees of a school district or an open-enrollment charter
437	437	school who hold a license to carry a [concealed] handgun issued
438	438	under this subchapter.
439	439	SECTION 25. Section 411.198(a), Government Code, is amended
440	440	to read as follows:
441	441	(a) On written approval of the director, the department may
442	442	issue to a law enforcement officer an alias license to carry a
443	443	[concealed] handgun to be used in supervised activities involving
444	444	criminal investigations.
445	445	SECTION 26. Sections 411.201(c), (d), (e), and (h),
446	446	Government Code, are amended to read as follows:
447	447	(c) An active judicial officer is eligible for a license to
448	448	carry a [concealed] handgun under the authority of this subchapter.
449	449	A retired judicial officer is eligible for a license to carry a
450	450	[concealed] handgun under the authority of this subchapter if the
451	451	officer:
452	452	(1) has not been convicted of a felony;
453	453	(2) has not, in the five years preceding the date of
454	454	application, been convicted of a Class A or Class B misdemeanor or
455	455	equivalent offense;
456	456	(3) is not charged with the commission of a Class A or
457	457	Class B misdemeanor or equivalent offense or of a felony under an
458	458	information or indictment;
459	459	(4) is not a chemically dependent person; and
460	460	(5) is not a person of unsound mind.
461	461	(d) An applicant for a license who is an active or retired
462	462	judicial officer must submit to the department:
463	463	(1) a completed application, including all required
464	464	affidavits, on a form prescribed by the department;
465	465	(2) one or more photographs of the applicant that meet
466	466	the requirements of the department;
467	467	(3) two complete sets of legible and classifiable
468	468	fingerprints of the applicant, including one set taken by a person
469	469	employed by a law enforcement agency who is appropriately trained
470	470	in recording fingerprints;
471	471	(4) evidence of handgun proficiency, in the form and
472	472	manner required by the department for an applicant under this
473	473	section;
474	474	(5) a nonrefundable application and license fee set by
475	475	the department in an amount reasonably designed to cover the
476	476	administrative costs associated with issuance of a license to carry
477	477	a [concealed] handgun under this subchapter; and
478	478	(6) if the applicant is a retired judicial officer, a
479	479	form executed by the applicant that authorizes the department to
480	480	make an inquiry into any noncriminal history records that are
481	481	necessary to determine the applicant's eligibility for a license
482	482	under this subchapter.
483	483	(e) On receipt of all the application materials required by
484	484	this section, the department shall:
485	485	(1) if the applicant is an active judicial officer,
486	486	issue a license to carry a [concealed] handgun under the authority
487	487	of this subchapter; or
488	488	(2) if the applicant is a retired judicial officer,
489	489	conduct an appropriate background investigation to determine the
490	490	applicant's eligibility for the license and, if the applicant is
491	491	eligible, issue a license to carry a [concealed] handgun under the
492	492	authority of this subchapter.
493	493	(h) The department shall issue a license to carry a
494	494	[concealed] handgun under the authority of this subchapter to an
495	495	elected attorney representing the state in the prosecution of
496	496	felony cases who meets the requirements of this section for an
497	497	active judicial officer. The department shall waive any fee
498	498	required for the issuance of an original, duplicate, or renewed
499	499	license under this subchapter for an applicant who is an attorney
500	500	elected or employed to represent the state in the prosecution of
501	501	felony cases.
502	502	SECTION 27. Section 411.203, Government Code, is amended to
503	503	read as follows:
504	504	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
505	505	not prevent or otherwise limit the right of a public or private
506	506	employer to prohibit persons who are licensed under this subchapter
507	507	from carrying a [concealed] handgun on the premises of the
508	508	business. In this section, "premises" has the meaning assigned by
509	509	Section 46.035(f)(3), Penal Code.
510	510	SECTION 28. Section 411.2032(b), Government Code, is
511	511	amended to read as follows:
512	512	(b) An institution of higher education or private or
513	513	independent institution of higher education in this state may not
514	514	adopt or enforce any rule, regulation, or other provision or take
515	515	any other action, including posting notice under Section 30.06 or
516	516	30.07, Penal Code, prohibiting or placing restrictions on the
517	517	storage or transportation of a firearm or ammunition in a locked,
518	518	privately owned or leased motor vehicle by a person, including a
519	519	student enrolled at that institution, who holds a license to carry a
520	520	[concealed] handgun under this subchapter and lawfully possesses
521	521	the firearm or ammunition:
522	522	(1) on a street or driveway located on the campus of
523	523	the institution; or
524	524	(2) in a parking lot, parking garage, or other parking
525	525	area located on the campus of the institution.
526	526	SECTION 29. Section 12.092(b), Health and Safety Code, is
527	527	amended to read as follows:
528	528	(b) The medical advisory board shall assist the Department
529	529	of Public Safety of the State of Texas in determining whether:
530	530	(1) an applicant for a driver's license or a license
531	531	holder is capable of safely operating a motor vehicle; or
532	532	(2) an applicant for or holder of a license to carry a
533	533	[concealed] handgun under the authority of Subchapter H, Chapter
534	534	411, Government Code, or an applicant for or holder of a commission
535	535	as a security officer under Chapter 1702, Occupations Code, is
536	536	capable of exercising sound judgment with respect to the proper use
537	537	and storage of a handgun.
538	538	SECTION 30. Sections 52.061 and 52.062, Labor Code, are
539	539	amended to read as follows:
540	540	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
541	541	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
542	542	may not prohibit an employee who holds a license to carry a
543	543	[concealed] handgun under Subchapter H, Chapter 411, Government
544	544	Code, who otherwise lawfully possesses a firearm, or who lawfully
545	545	possesses ammunition from transporting or storing a firearm or
546	546	ammunition the employee is authorized by law to possess in a locked,
547	547	privately owned motor vehicle in a parking lot, parking garage, or
548	548	other parking area the employer provides for employees.
549	549	Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
550	550	(1) authorize a person who holds a license to carry a
551	551	[concealed] handgun under Subchapter H, Chapter 411, Government
552	552	Code, who otherwise lawfully possesses a firearm, or who lawfully
553	553	possesses ammunition to possess a firearm or ammunition on any
554	554	property where the possession of a firearm or ammunition is
555	555	prohibited by state or federal law; or
556	556	(2) apply to:
557	557	(A) a vehicle owned or leased by a public or
558	558	private employer and used by an employee in the course and scope of
559	559	the employee's employment, unless the employee is required to
560	560	transport or store a firearm in the official discharge of the
561	561	employee's duties;
562	562	(B) a school district;
563	563	(C) an open-enrollment charter school, as
564	564	defined by Section 5.001, Education Code;
565	565	(D) a private school, as defined by Section
566	566	22.081, Education Code;
567	567	(E) property owned or controlled by a person,
568	568	other than the employer, that is subject to a valid, unexpired oil,
569	569	gas, or other mineral lease that contains a provision prohibiting
570	570	the possession of firearms on the property; or
571	571	(F) property owned or leased by a chemical
572	572	manufacturer or oil and gas refiner with an air authorization under
573	573	Chapter 382, Health and Safety Code, and on which the primary
574	574	business conducted is the manufacture, use, storage, or
575	575	transportation of hazardous, combustible, or explosive materials,
576	576	except in regard to an employee who holds a license to carry a
577	577	[concealed] handgun under Subchapter H, Chapter 411, Government
578	578	Code, and who stores a firearm or ammunition the employee is
579	579	authorized by law to possess in a locked, privately owned motor
580	580	vehicle in a parking lot, parking garage, or other parking area the
581	581	employer provides for employees that is outside of a secured and
582	582	restricted area:
583	583	(i) that contains the physical plant;
584	584	(ii) that is not open to the public; and
585	585	(iii) the ingress into which is constantly
586	586	monitored by security personnel.
587	587	(b) Section 52.061 does not prohibit an employer from
588	588	prohibiting an employee who holds a license to carry a [concealed]
589	589	handgun under Subchapter H, Chapter 411, Government Code, or who
590	590	otherwise lawfully possesses a firearm, from possessing a firearm
591	591	the employee is otherwise authorized by law to possess on the
592	592	premises of the employer's business. In this subsection,
593	593	"premises" has the meaning assigned by Section 46.035(f)(3), Penal
594	594	Code.
595	595	SECTION 31. (a) Section 118.011(b), Local Government Code,
596	596	as effective until September 1, 2019, is amended to read as follows:
597	597	(b) The county clerk may set and collect the following fee
598	598	from any person:
599	599	(1) Returned Check (Sec. 118.0215) . . . . . . not
600	600	less than $15 or more than $30
601	601	(2) Records Management and Preservation Fee (Sec.
602	602	118.0216) . . . . . . . . . . . . . . . . . . . . not more than
603	603	$10
604	604	(3) Mental Health Background Check for License to
605	605	Carry a Handgun [Concealed Weapon] (Sec. 118.0217) . . . . . not
606	606	more than $2
607	607	(b) This section takes effect September 1, 2015.
608	608	SECTION 32. (a) Section 118.011(b), Local Government Code,
609	609	as effective September 1, 2019, is amended to read as follows:
610	610	(b) The county clerk may set and collect the following fee
611	611	from any person:
612	612	(1) Returned Check (Sec. 118.0215) . . . . . . not
613	613	less than $15 or more than $30
614	614	(2) Records Management and Preservation Fee (Sec.
615	615	118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
616	616	than $5
617	617	(3) Mental Health Background Check for License to
618	618	Carry a Handgun [Concealed Weapon] (Sec. 118.0217) . . . . . not
619	619	more than $2
620	620	(b) This section takes effect September 1, 2019.
621	621	SECTION 33. Section 118.0217(a), Local Government Code, is
622	622	amended to read as follows:
623	623	(a) The fee for a "mental health background check for
624	624	license to carry a handgun [concealed weapon]" is for a check,
625	625	conducted by the county clerk at the request of the Texas Department
626	626	of Public Safety, of the county records involving the mental
627	627	condition of a person who applies for a license to carry a
628	628	[concealed] handgun under Subchapter H, Chapter 411, Government
629	629	Code. The fee, not to exceed $2, will be paid from the application
630	630	fee submitted to the Department of Public Safety according to
631	631	Section 411.174(a)(6), Government Code.
632	632	SECTION 34. Section 229.001(b), Local Government Code, is
633	633	amended to read as follows:
634	634	(b) Subsection (a) does not affect the authority a
635	635	municipality has under another law to:
636	636	(1) require residents or public employees to be armed
637	637	for personal or national defense, law enforcement, or another
638	638	lawful purpose;
639	639	(2) regulate the discharge of firearms or air guns
640	640	within the limits of the municipality, other than at a sport
641	641	shooting range;
642	642	(3) regulate the use of property, the location of a
643	643	business, or uses at a business under the municipality's fire code,
644	644	zoning ordinance, or land-use regulations as long as the code,
645	645	ordinance, or regulations are not used to circumvent the intent of
646	646	Subsection (a) or Subdivision (5) of this subsection;
647	647	(4) regulate the use of firearms or air guns in the
648	648	case of an insurrection, riot, or natural disaster if the
649	649	municipality finds the regulations necessary to protect public
650	650	health and safety;
651	651	(5) regulate the storage or transportation of
652	652	explosives to protect public health and safety, except that 25
653	653	pounds or less of black powder for each private residence and 50
654	654	pounds or less of black powder for each retail dealer are not
655	655	subject to regulation;
656	656	(6) regulate the carrying of a firearm or air gun by a
657	657	person other than a person licensed to carry a [concealed] handgun
658	658	under Subchapter H, Chapter 411, Government Code, at a:
659	659	(A) public park;
660	660	(B) public meeting of a municipality, county, or
661	661	other governmental body;
662	662	(C) political rally, parade, or official
663	663	political meeting; or
664	664	(D) nonfirearms-related school, college, or
665	665	professional athletic event;
666	666	(7) regulate the hours of operation of a sport
667	667	shooting range, except that the hours of operation may not be more
668	668	limited than the least limited hours of operation of any other
669	669	business in the municipality other than a business permitted or
670	670	licensed to sell or serve alcoholic beverages for on-premises
671	671	consumption; or
672	672	(8) regulate the carrying of an air gun by a minor on:
673	673	(A) public property; or
674	674	(B) private property without consent of the
675	675	property owner.
676	676	SECTION 35. The heading to Section 1701.260, Occupations
677	677	Code, is amended to read as follows:
678	678	Sec. 1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY A
679	679	[CONCEALED] HANDGUN; CERTIFICATION OF ELIGIBILITY FOR APPOINTMENT
680	680	AS SCHOOL MARSHAL.
681	681	SECTION 36. Sections 1701.260(a) and (i), Occupations Code,
682	682	are amended to read as follows:
683	683	(a) The commission shall establish and maintain a training
684	684	program open to any employee of a school district or
685	685	open-enrollment charter school who holds a license to carry a
686	686	[concealed] handgun issued under Subchapter H, Chapter 411,
687	687	Government Code. The training may be conducted only by the
688	688	commission staff or a provider approved by the commission.
689	689	(i) The commission shall revoke a person's school marshal
690	690	license if the commission is notified by the Department of Public
691	691	Safety that the person's license to carry a [concealed] handgun
692	692	issued under Subchapter H, Chapter 411, Government Code, has been
693	693	suspended or revoked. A person whose school marshal license is
694	694	revoked may obtain recertification by:
695	695	(1) furnishing proof to the commission that the
696	696	person's [concealed] handgun license has been reinstated; and
697	697	(2) completing the initial training under Subsection
698	698	(c) to the satisfaction of the commission staff, paying the fee for
699	699	the training, and demonstrating psychological fitness on the
700	700	psychological examination described in Subsection (d).
701	701	SECTION 37. Section 1702.206(b), Occupations Code, is
702	702	amended to read as follows:
703	703	(b) An individual who is acting as a personal protection
704	704	officer and is wearing the uniform of a security officer, including
705	705	any uniform or apparel described by Section 1702.323(d), may not
706	706	conceal any firearm the individual is carrying and shall carry the
707	707	firearm in plain view. An individual who is acting as a personal
708	708	protection officer and is not wearing the uniform of a security
709	709	officer shall conceal the firearm, regardless of whether the
710	710	individual is authorized to openly carry the firearm under any
711	711	other law.
712	712	SECTION 38. Sections 62.082(d) and (e), Parks and Wildlife
713	713	Code, are amended to read as follows:
714	714	(d) Section 62.081 does not apply to:
715	715	(1) an employee of the Lower Colorado River Authority;
716	716	(2) a person authorized to hunt under Subsection (c);
717	717	(3) a peace officer as defined by Article 2.12, Code of
718	718	Criminal Procedure; or
719	719	(4) a person who:
720	720	(A) possesses a [concealed] handgun and a license
721	721	issued under Subchapter H, Chapter 411, Government Code, to carry a
722	722	[concealed] handgun; or
723	723	(B) under circumstances in which the person would
724	724	be justified in the use of deadly force under Chapter 9, Penal Code,
725	725	shoots a handgun the person is licensed to carry under Subchapter H,
726	726	Chapter 411, Government Code.
727	727	(e) A state agency, including the department, the
728	728	Department of Public Safety, and the Lower Colorado River
729	729	Authority, may not adopt a rule that prohibits a person who
730	730	possesses a license issued under Subchapter H, Chapter 411,
731	731	Government Code, from entering or crossing the land of the Lower
732	732	Colorado River Authority while:
733	733	(1) possessing a [concealed] handgun; or
734	734	(2) under circumstances in which the person would be
735	735	justified in the use of deadly force under Chapter 9, Penal Code,
736	736	shooting a handgun.
737	737	SECTION 39. Section 284.001(e), Parks and Wildlife Code, is
738	738	amended to read as follows:
739	739	(e) This section does not limit the ability of a license
740	740	holder to carry a [concealed] handgun under the authority of
741	741	Subchapter H, Chapter 411, Government Code.
742	742	SECTION 40. Section 30.05(f), Penal Code, is amended to
743	743	read as follows:
744	744	(f) It is a defense to prosecution under this section that:
745	745	(1) the basis on which entry on the property or land or
746	746	in the building was forbidden is that entry with a handgun was
747	747	forbidden; and
748	748	(2) the person was carrying:
749	749	(A) a [concealed handgun and a] license issued
750	750	under Subchapter H, Chapter 411, Government Code, to carry a
751	751	[concealed] handgun; and
752	752	(B) a handgun:
753	753	(i) in a concealed manner; or
754	754	(ii) in a shoulder or belt holster.
755	755	SECTION 41. The heading to Section 30.06, Penal Code, is
756	756	amended to read as follows:
757	757	Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A [OF LICENSE TO
758	758	CARRY] CONCEALED HANDGUN.
759	759	SECTION 42. Section 30.06(a), Penal Code, is amended to
760	760	read as follows:
761	761	(a) A license holder commits an offense if the license
762	762	holder:
763	763	(1) carries a concealed handgun under the authority of
764	764	Subchapter H, Chapter 411, Government Code, on property of another
765	765	without effective consent; and
766	766	(2) received notice that:
767	767	(A) entry on the property by a license holder
768	768	with a concealed handgun was forbidden; or
769	769	(B) remaining on the property with a concealed
770	770	handgun was forbidden and failed to depart.
771	771	SECTION 43. Section 30.06(c)(3), Penal Code, is amended to
772	772	read as follows:
773	773	(3) "Written communication" means:
774	774	(A) a card or other document on which is written
775	775	language identical to the following: "Pursuant to Section 30.06,
776	776	Penal Code (trespass by license holder with [of license to carry] a
777	777	concealed handgun), a person licensed under Subchapter H, Chapter
778	778	411, Government Code ([concealed] handgun licensing law), may not
779	779	enter this property with a concealed handgun"; or
780	780	(B) a sign posted on the property that:
781	781	(i) includes the language described by
782	782	Paragraph (A) in both English and Spanish;
783	783	(ii) appears in contrasting colors with
784	784	block letters at least one inch in height; and
785	785	(iii) is displayed in a conspicuous manner
786	786	clearly visible to the public.
787	787	SECTION 44. Chapter 30, Penal Code, is amended by adding
788	788	Section 30.07 to read as follows:
789	789	Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY
790	790	CARRIED HANDGUN. (a) A license holder commits an offense if the
791	791	license holder:
792	792	(1) openly carries a handgun under the authority of
793	793	Subchapter H, Chapter 411, Government Code, on property of another
794	794	without effective consent; and
795	795	(2) received notice that:
796	796	(A) entry on the property by a license holder
797	797	openly carrying a handgun was forbidden; or
798	798	(B) remaining on the property while openly
799	799	carrying a handgun was forbidden and failed to depart.
800	800	(b) For purposes of this section, a person receives notice
801	801	if the owner of the property or someone with apparent authority to
802	802	act for the owner provides notice to the person by oral or written
803	803	communication.
804	804	(c) In this section:
805	805	(1) "Entry" has the meaning assigned by Section
806	806	30.05(b).
807	807	(2) "License holder" has the meaning assigned by
808	808	Section 46.035(f).
809	809	(3) "Written communication" means:
810	810	(A) a card or other document on which is written
811	811	language identical to the following: "Pursuant to Section 30.07,
812	812	Penal Code (trespass by license holder with an openly carried
813	813	handgun), a person licensed under Subchapter H, Chapter 411,
814	814	Government Code (handgun licensing law), may not enter this
815	815	property with a handgun that is carried openly"; or
816	816	(B) a sign posted on the property that:
817	817	(i) includes the language described by
818	818	Paragraph (A) in both English and Spanish;
819	819	(ii) appears in contrasting colors with
820	820	block letters at least one inch in height; and
821	821	(iii) is displayed in a conspicuous manner
822	822	clearly visible to the public at each entrance to the property.
823	823	(d) An offense under this section is a Class A misdemeanor.
824	824	(e) It is an exception to the application of this section
825	825	that the property on which the license holder openly carries the
826	826	handgun is owned or leased by a governmental entity and is not a
827	827	premises or other place on which the license holder is prohibited
828	828	from carrying the handgun under Section 46.03 or 46.035.
829	829	(f) It is not a defense to prosecution under this section
830	830	that the handgun was carried in a shoulder or belt holster.
831	831	SECTION 45. Section 46.02(a-1), Penal Code, is amended to
832	832	read as follows:
833	833	(a-1) A person commits an offense if the person
834	834	intentionally, knowingly, or recklessly carries on or about his or
835	835	her person a handgun in a motor vehicle or watercraft that is owned
836	836	by the person or under the person's control at any time in which:
837	837	(1) the handgun is in plain view, unless the person is
838	838	licensed to carry a handgun under Subchapter H, Chapter 411,
839	839	Government Code, and the handgun is carried in a shoulder or belt
840	840	holster; or
841	841	(2) the person is:
842	842	(A) engaged in criminal activity, other than a
843	843	Class C misdemeanor that is a violation of a law or ordinance
844	844	regulating traffic or boating;
845	845	(B) prohibited by law from possessing a firearm;
846	846	or
847	847	(C) a member of a criminal street gang, as
848	848	defined by Section 71.01.
849	849	SECTION 46. Section 46.03(f), Penal Code, is amended to
850	850	read as follows:
851	851	(f) It is not a defense to prosecution under this section
852	852	that the actor possessed a handgun and was licensed to carry a
853	853	[concealed] handgun under Subchapter H, Chapter 411, Government
854	854	Code.
855	855	SECTION 47. Sections 46.035(a), (b), (c), (d), and (i),
856	856	Penal Code, are amended to read as follows:
857	857	(a) A license holder commits an offense if the license
858	858	holder carries a handgun on or about the license holder's person
859	859	under the authority of Subchapter H, Chapter 411, Government Code,
860	860	and intentionally displays the handgun in plain view of another
861	861	person in a public place. It is an exception to the application of
862	862	this subsection that the handgun was partially or wholly visible
863	863	but was carried in a shoulder or belt holster by the license holder.
864	864	(b) A license holder commits an offense if the license
865	865	holder intentionally, knowingly, or recklessly carries a handgun
866	866	under the authority of Subchapter H, Chapter 411, Government Code,
867	867	regardless of whether the handgun is concealed or carried in a
868	868	shoulder or belt holster, on or about the license holder's person:
869	869	(1) on the premises of a business that has a permit or
870	870	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
871	871	Beverage Code, if the business derives 51 percent or more of its
872	872	income from the sale or service of alcoholic beverages for
873	873	on-premises consumption, as determined by the Texas Alcoholic
874	874	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
875	875	(2) on the premises where a high school, collegiate,
876	876	or professional sporting event or interscholastic event is taking
877	877	place, unless the license holder is a participant in the event and a
878	878	handgun is used in the event;
879	879	(3) on the premises of a correctional facility;
880	880	(4) on the premises of a hospital licensed under
881	881	Chapter 241, Health and Safety Code, or on the premises of a nursing
882	882	home licensed under Chapter 242, Health and Safety Code, unless the
883	883	license holder has written authorization of the hospital or nursing
884	884	home administration, as appropriate;
885	885	(5) in an amusement park; or
886	886	(6) on the premises of a church, synagogue, or other
887	887	established place of religious worship.
888	888	(c) A license holder commits an offense if the license
889	889	holder intentionally, knowingly, or recklessly carries a handgun
890	890	under the authority of Subchapter H, Chapter 411, Government Code,
891	891	regardless of whether the handgun is concealed or carried in a
892	892	shoulder or belt holster, at any meeting of a governmental entity.
893	893	(d) A license holder commits an offense if, while
894	894	intoxicated, the license holder carries a handgun under the
895	895	authority of Subchapter H, Chapter 411, Government Code, regardless
896	896	of whether the handgun is concealed or carried in a shoulder or belt
897	897	holster.
898	898	(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
899	899	if the actor was not given effective notice under Section 30.06 or
900	900	30.07.
901	901	SECTION 48. Sections 46.15(a) and (b), Penal Code, are
902	902	amended to read as follows:
903	903	(a) Sections 46.02 and 46.03 do not apply to:
904	904	(1) peace officers or special investigators under
905	905	Article 2.122, Code of Criminal Procedure, and neither section
906	906	prohibits a peace officer or special investigator from carrying a
907	907	weapon in this state, including in an establishment in this state
908	908	serving the public, regardless of whether the peace officer or
909	909	special investigator is engaged in the actual discharge of the
910	910	officer's or investigator's duties while carrying the weapon;
911	911	(2) parole officers and neither section prohibits an
912	912	officer from carrying a weapon in this state if the officer is:
913	913	(A) engaged in the actual discharge of the
914	914	officer's duties while carrying the weapon; and
915	915	(B) in compliance with policies and procedures
916	916	adopted by the Texas Department of Criminal Justice regarding the
917	917	possession of a weapon by an officer while on duty;
918	918	(3) community supervision and corrections department
919	919	officers appointed or employed under Section 76.004, Government
920	920	Code, and neither section prohibits an officer from carrying a
921	921	weapon in this state if the officer is:
922	922	(A) engaged in the actual discharge of the
923	923	officer's duties while carrying the weapon; and
924	924	(B) authorized to carry a weapon under Section
925	925	76.0051, Government Code;
926	926	(4) an active judicial officer as defined by Section
927	927	411.201, Government Code, who is licensed to carry a [concealed]
928	928	handgun under Subchapter H, Chapter 411, Government Code;
929	929	(5) an honorably retired peace officer, qualified
930	930	retired law enforcement officer, federal criminal investigator, or
931	931	former reserve law enforcement officer who holds a certificate of
932	932	proficiency issued under Section 1701.357, Occupations Code, and is
933	933	carrying a photo identification that is issued by a federal, state,
934	934	or local law enforcement agency, as applicable, and that verifies
935	935	that the officer is:
936	936	(A) an honorably retired peace officer;
937	937	(B) a qualified retired law enforcement officer;
938	938	(C) a federal criminal investigator; or
939	939	(D) a former reserve law enforcement officer who
940	940	has served in that capacity not less than a total of 15 years with
941	941	one or more state or local law enforcement agencies;
942	942	(6) a district attorney, criminal district attorney,
943	943	county attorney, or municipal attorney who is licensed to carry a
944	944	[concealed] handgun under Subchapter H, Chapter 411, Government
945	945	Code;
946	946	(7) an assistant district attorney, assistant
947	947	criminal district attorney, or assistant county attorney who is
948	948	licensed to carry a [concealed] handgun under Subchapter H, Chapter
949	949	411, Government Code;
950	950	(8) a bailiff designated by an active judicial officer
951	951	as defined by Section 411.201, Government Code, who is:
952	952	(A) licensed to carry a [concealed] handgun under
953	953	Subchapter H, Chapter 411, Government Code; and
954	954	(B) engaged in escorting the judicial officer; or
955	955	(9) a juvenile probation officer who is authorized to
956	956	carry a firearm under Section 142.006, Human Resources Code.
957	957	(b) Section 46.02 does not apply to a person who:
958	958	(1) is in the actual discharge of official duties as a
959	959	member of the armed forces or state military forces as defined by
960	960	Section 437.001, Government Code, or as a guard employed by a penal
961	961	institution;
962	962	(2) is traveling;
963	963	(3) is engaging in lawful hunting, fishing, or other
964	964	sporting activity on the immediate premises where the activity is
965	965	conducted, or is en route between the premises and the actor's
966	966	residence, motor vehicle, or watercraft, if the weapon is a type
967	967	commonly used in the activity;
968	968	(4) holds a security officer commission issued by the
969	969	Texas Private Security Board, if the person is engaged in the
970	970	performance of the person's duties as an officer commissioned under
971	971	Chapter 1702, Occupations Code, or is traveling to or from the
972	972	person's place of assignment and is wearing the officer's uniform
973	973	and carrying the officer's weapon in plain view;
974	974	(5) acts as a personal protection officer and carries
975	975	the person's security officer commission and personal protection
976	976	officer authorization, if the person:
977	977	(A) is engaged in the performance of the person's
978	978	duties as a personal protection officer under Chapter 1702,
979	979	Occupations Code, or is traveling to or from the person's place of
980	980	assignment; and
981	981	(B) is either:
982	982	(i) wearing the uniform of a security
983	983	officer, including any uniform or apparel described by Section
984	984	1702.323(d), Occupations Code, and carrying the officer's weapon in
985	985	plain view; or
986	986	(ii) not wearing the uniform of a security
987	987	officer and carrying the officer's weapon in a concealed manner;
988	988	(6) is carrying:
989	989	(A) a [concealed handgun and a valid] license
990	990	issued under Subchapter H, Chapter 411, Government Code, to carry a
991	991	[concealed] handgun; and
992	992	(B) a handgun:
993	993	(i) in a concealed manner; or
994	994	(ii) in a shoulder or belt holster;
995	995	(7) holds an alcoholic beverage permit or license or
996	996	is an employee of a holder of an alcoholic beverage permit or
997	997	license if the person is supervising the operation of the permitted
998	998	or licensed premises; or
999	999	(8) is a student in a law enforcement class engaging in
1000	1000	an activity required as part of the class, if the weapon is a type
1001	1001	commonly used in the activity and the person is:
1002	1002	(A) on the immediate premises where the activity
1003	1003	is conducted; or
1004	1004	(B) en route between those premises and the
1005	1005	person's residence and is carrying the weapon unloaded.
1006	1006	SECTION 49. Section 411.171(3), Government Code, is
1007	1007	repealed.
1008	1008	SECTION 50. The change in law made by this Act relating to
1009	1009	the authority of a license holder to openly carry a holstered
1010	1010	handgun applies to the carrying of a handgun on or after the
1011	1011	effective date of this Act by any person who:
1012	1012	(1) holds a license issued under Subchapter H, Chapter
1013	1013	411, Government Code, regardless of whether the person's license
1014	1014	was issued before, on, or after the effective date of this Act; or
1015	1015	(2) applies for the issuance of a license under that
1016	1016	subchapter, regardless of whether the person applied for the
1017	1017	license before, on, or after the effective date of this Act.
1018	1018	SECTION 51. The changes in law made by this Act to Sections
1019	1019	62.082 and 284.001, Parks and Wildlife Code, and to Sections 30.05,
1020	1020	30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply only to an
1021	1021	offense committed on or after the effective date of this Act. An
1022	1022	offense committed before the effective date of this Act is governed
1023	1023	by the law in effect on the date the offense was committed, and the
1024	1024	former law is continued in effect for that purpose. For purposes of
1025	1025	this section, an offense was committed before the effective date of
1026	1026	this Act if any element of the offense occurred before that date.
1027	1027	SECTION 52. Except as otherwise provided by this Act, this
1028	1028	Act takes effect September 1, 2015.