Texas 2021 - 87th Regular

Texas Senate Bill SB2224 Compare Versions

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

Old	New	Differences
1	1	87R21967 JSC-D
2	2	By: Schwertner S.B. No. 2224
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions governing the carrying of a handgun or other
8	8	firearm by a Texas resident who is 21 years of age or older and is
9	9	not otherwise prohibited by state or federal law from possessing
10	10	the firearm and to other provisions related to the carrying,
11	11	possessing, transporting, or storing of a firearm and to handgun
12	12	licensing; increasing criminal penalties; creating a criminal
13	13	offense.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Sections 46.02(a) and (b), Penal Code, are
16	16	amended to read as follows:
17	17	(a) A person commits an offense if the person:
18	18	(1) intentionally, knowingly, or recklessly carries
19	19	on or about his or her person a handgun; [and]
20	20	(2) at the time of the offense:
21	21	(A) is younger than 21 years of age; or
22	22	(B) is not a legal resident of this state; and
23	23	(3) is not:
24	24	(A) on the person's own premises or premises
25	25	under the person's control; or
26	26	(B) inside of or directly en route to a motor
27	27	vehicle or watercraft that is owned by the person or under the
28	28	person's control.
29	29	(b) Except as provided by Subsection [(c) or] (d), an
30	30	offense under this section is a Class A misdemeanor.
31	31	SECTION 2. Sections 46.03(e-1), (e-2), and (f), Penal Code,
32	32	are amended to read as follows:
33	33	(e-1) It is a defense to prosecution under Subsection (a)(5)
34	34	that the actor:
35	35	(1) possessed, at the screening checkpoint for the
36	36	secured area, a [concealed] handgun that the actor was not
37	37	otherwise prohibited by state or federal law from possessing
38	38	[licensed to carry under Subchapter H, Chapter 411, Government
39	39	Code]; and
40	40	(2) exited the screening checkpoint for the secured
41	41	area immediately on [upon] completion of the required screening
42	42	processes and notification that the actor possessed the handgun.
43	43	(e-2) A peace officer investigating conduct that may
44	44	constitute an offense under Subsection (a)(5) and that consists
45	45	only of an actor's possession of a [concealed] handgun that the
46	46	actor is not otherwise prohibited by state or federal law from
47	47	possessing [licensed to carry under Subchapter H, Chapter 411,
48	48	Government Code,] may not arrest the actor for the offense unless:
49	49	(1) the officer advises the actor of the defense
50	50	available under Subsection (e-1) and gives the actor an opportunity
51	51	to exit the screening checkpoint for the secured area; and
52	52	(2) the actor does not immediately exit the checkpoint
53	53	on [upon] completion of the required screening processes.
54	54	(f) Except as provided by Subsection (e-1), it is not a
55	55	defense to prosecution under this section that the actor possessed
56	56	a handgun and was:
57	57	(1) licensed to carry a handgun under Subchapter H,
58	58	Chapter 411, Government Code; or
59	59	(2) not otherwise prohibited by state or federal law
60	60	from possessing a firearm.
61	61	SECTION 3. The heading to Section 46.035, Penal Code, is
62	62	amended to read as follows:
63	63	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
64	64	HOLDER].
65	65	SECTION 4. Sections 46.035(a), (b), (c), and (d), Penal
66	66	Code, are amended to read as follows:
67	67	(a) A person [license holder] commits an offense if the
68	68	person [license holder] carries a handgun [on or about the license
69	69	holder's person under the authority of Subchapter H, Chapter 411,
70	70	Government Code,] and intentionally displays the handgun in plain
71	71	view of another person in a public place. It is an exception to the
72	72	application of this subsection that the handgun was partially or
73	73	wholly visible but was carried in a [shoulder or belt] holster [by
74	74	the license holder].
75	75	(b) A person [license holder] commits an offense if the
76	76	person [license holder] intentionally, knowingly, or recklessly
77	77	carries a handgun [under the authority of Subchapter H, Chapter
78	78	411, Government Code], regardless of whether the handgun is
79	79	concealed or carried in a [shoulder or belt] holster[, on or about
80	80	the license holder's person]:
81	81	(1) on the premises of a business that has a permit or
82	82	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
83	83	Beverage Code, if the business derives 51 percent or more of its
84	84	income from the sale or service of alcoholic beverages for
85	85	on-premises consumption, as determined by the Texas Alcoholic
86	86	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
87	87	(2) on the premises where a high school, collegiate,
88	88	or professional sporting event or interscholastic event is taking
89	89	place, unless the person [license holder] is a participant in the
90	90	event and a handgun is used in the event;
91	91	(3) on the premises of a correctional facility;
92	92	(4) on the premises of a hospital licensed under
93	93	Chapter 241, Health and Safety Code, or on the premises of a nursing
94	94	facility licensed under Chapter 242, Health and Safety Code, unless
95	95	the person [license holder] has written authorization of the
96	96	hospital or nursing facility administration, as appropriate;
97	97	(5) in an amusement park; or
98	98	(6) on the premises of a civil commitment facility.
99	99	(c) A person [license holder] commits an offense if:
100	100	(1) the person [license holder] intentionally,
101	101	knowingly, or recklessly carries a handgun [under the authority of
102	102	Subchapter H, Chapter 411, Government Code], regardless of whether
103	103	the handgun is concealed or carried in a [shoulder or belt] holster,
104	104	in the room or rooms where a meeting of a governmental entity is
105	105	held; and
106	106	(2) [if] the meeting described by Subdivision (1) is
107	107	an open meeting subject to Chapter 551, Government Code, and the
108	108	entity provided notice as required by that chapter.
109	109	(d) A person [license holder] commits an offense if the
110	110	person[, while intoxicated, the license holder] carries a handgun
111	111	while the person is intoxicated [under the authority of Subchapter
112	112	H, Chapter 411, Government Code], regardless of whether the handgun
113	113	is concealed or carried in a [shoulder or belt] holster.
114	114	SECTION 5. Section 46.02(a-1), Penal Code, is transferred
115	115	to Section 46.035, Penal Code, redesignated as Section 46.035(d-1),
116	116	Penal Code, and amended to read as follows:
117	117	(d-1) [(a-1)] A person commits an offense if the person
118	118	intentionally, knowingly, or recklessly carries [on or about his or
119	119	her person] a handgun in a motor vehicle or watercraft that is owned
120	120	by the person or under the person's control at any time in which:
121	121	(1) the handgun is in plain view, unless the person is
122	122	not otherwise prohibited by state or federal law from possessing
123	123	the handgun [licensed to carry a handgun under Subchapter H,
124	124	Chapter 411, Government Code,] and the handgun is carried in a
125	125	[shoulder or belt] holster; or
126	126	(2) the person is:
127	127	(A) engaged in criminal activity, other than a
128	128	Class C misdemeanor that is a violation of a law or ordinance
129	129	regulating traffic or boating;
130	130	(B) otherwise prohibited by law from possessing a
131	131	firearm; or
132	132	(C) a member of a criminal street gang, as
133	133	defined by Section 71.01.
134	134	SECTION 6. Section 46.04(e), Penal Code, is amended to read
135	135	as follows:
136	136	(e) An offense under Subsection (a) is a felony of the first
137	137	[third] degree. An offense under Subsection (b) or (c) is a felony
138	138	of the third degree [Class A misdemeanor].
139	139	SECTION 7. Sections 46.15(a), (b), and (d), Penal Code, are
140	140	amended to read as follows:
141	141	(a) Sections 46.02, [and] 46.03, and 46.035(b) and (c) do
142	142	not apply to:
143	143	(1) peace officers or special investigators under
144	144	Article 2.122, Code of Criminal Procedure, and none of those
145	145	sections prohibit [neither section prohibits] a peace officer or
146	146	special investigator from carrying a weapon in this state,
147	147	including in an establishment in this state serving the public,
148	148	regardless of whether the peace officer or special investigator is
149	149	engaged in the actual discharge of the officer's or investigator's
150	150	duties while carrying the weapon;
151	151	(2) parole officers, and none of those sections
152	152	prohibit [neither section prohibits] an officer from carrying a
153	153	weapon in this state if the officer is:
154	154	(A) engaged in the actual discharge of the
155	155	officer's duties while carrying the weapon; and
156	156	(B) in compliance with policies and procedures
157	157	adopted by the Texas Department of Criminal Justice regarding the
158	158	possession of a weapon by an officer while on duty;
159	159	(3) community supervision and corrections department
160	160	officers appointed or employed under Section 76.004, Government
161	161	Code, and none of those sections prohibit [neither section
162	162	prohibits] an officer from carrying a weapon in this state if the
163	163	officer is:
164	164	(A) engaged in the actual discharge of the
165	165	officer's duties while carrying the weapon; and
166	166	(B) authorized to carry a weapon under Section
167	167	76.0051, Government Code;
168	168	(4) an active judicial officer as defined by Section
169	169	411.201, Government Code, who is licensed to carry a handgun under
170	170	Subchapter H, Chapter 411, Government Code;
171	171	(5) an honorably retired peace officer or other
172	172	qualified retired law enforcement officer, as defined by 18 U.S.C.
173	173	Section 926C, who holds a certificate of proficiency issued under
174	174	Section 1701.357, Occupations Code, and is carrying a photo
175	175	identification that is issued by a federal, state, or local law
176	176	enforcement agency, as applicable, and that verifies that the
177	177	officer is an honorably retired peace officer or other qualified
178	178	retired law enforcement officer;
179	179	(6) the attorney general or a United States attorney,
180	180	district attorney, criminal district attorney, county attorney, or
181	181	municipal attorney who is licensed to carry a handgun under
182	182	Subchapter H, Chapter 411, Government Code;
183	183	(7) an assistant United States attorney, assistant
184	184	attorney general, assistant district attorney, assistant criminal
185	185	district attorney, or assistant county attorney who is licensed to
186	186	carry a handgun under Subchapter H, Chapter 411, Government Code;
187	187	(8) a bailiff designated by an active judicial officer
188	188	as defined by Section 411.201, Government Code, who is:
189	189	(A) licensed to carry a handgun under Subchapter
190	190	H, Chapter 411, Government Code; and
191	191	(B) engaged in escorting the judicial officer;
192	192	(9) a juvenile probation officer who is authorized to
193	193	carry a firearm under Section 142.006, Human Resources Code; [or]
194	194	(10) a person who is volunteer emergency services
195	195	personnel if the person is:
196	196	(A) licensed to carry [carrying] a handgun under
197	197	[the authority of] Subchapter H, Chapter 411, Government Code; and
198	198	(B) engaged in providing emergency services; or
199	199	(11) a judge or justice of a federal court who is
200	200	licensed to carry a handgun under Subchapter H, Chapter 411,
201	201	Government Code.
202	202	(b) Section 46.02 does not apply to a person who:
203	203	(1) is in the actual discharge of official duties as a
204	204	member of the armed forces or state military forces as defined by
205	205	Section 437.001, Government Code, or as a guard employed by a penal
206	206	institution;
207	207	(2) is traveling;
208	208	(3) is engaging in lawful hunting, fishing, or other
209	209	sporting activity on the immediate premises where the activity is
210	210	conducted, or is en route between the premises and the actor's
211	211	residence, motor vehicle, or watercraft, if the weapon is a type
212	212	commonly used in the activity;
213	213	(4) holds a security officer commission issued by the
214	214	Texas Private Security Board, if the person is engaged in the
215	215	exclusive performance of the person's duties as an officer
216	216	commissioned under Chapter 1702, Occupations Code, [or is traveling
217	217	to or from the person's place of assignment] and is wearing the
218	218	officer's uniform and carrying the officer's weapon in plain view;
219	219	(5) acts as a personal protection officer and carries
220	220	the person's security officer commission and personal protection
221	221	officer authorization, if the person:
222	222	(A) is engaged in the performance of the person's
223	223	duties as a personal protection officer under Chapter 1702,
224	224	Occupations Code[, or is traveling to or from the person's place of
225	225	assignment]; and
226	226	(B) is either:
227	227	(i) wearing the uniform of a security
228	228	officer, including any uniform or apparel described by Section
229	229	1702.323(d), Occupations Code, and carrying the officer's weapon in
230	230	plain view; or
231	231	(ii) not wearing the uniform of a security
232	232	officer and carrying the officer's weapon in a concealed manner;
233	233	(6) is carrying:
234	234	(A) a license issued under Subchapter H, Chapter
235	235	411, Government Code, to carry a handgun; and
236	236	(B) a handgun:
237	237	(i) in a concealed manner; or
238	238	(ii) in a [shoulder or belt] holster;
239	239	(7) holds an alcoholic beverage permit or license or
240	240	is an employee of a holder of an alcoholic beverage permit or
241	241	license if the person is supervising the operation of the permitted
242	242	or licensed premises; or
243	243	(8) is a student in a law enforcement class engaging in
244	244	an activity required as part of the class, if the weapon is a type
245	245	commonly used in the activity and the person is:
246	246	(A) on the immediate premises where the activity
247	247	is conducted; or
248	248	(B) en route between those premises and the
249	249	person's residence and is carrying the weapon unloaded.
250	250	(d) The provisions of Section 46.02 prohibiting the
251	251	carrying of a firearm do not apply to a public security officer
252	252	employed by the adjutant general under Section 437.053, Government
253	253	Code, in performance of official duties [or while traveling to or
254	254	from a place of duty].
255	255	SECTION 8. Chapter 507, Business & Commerce Code, is
256	256	amended to read as follows:
257	257	CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
258	258	VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
259	259	Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
260	260	AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
261	261	holder of a [concealed] handgun license issued under Subchapter H,
262	262	Chapter 411, Government Code, access to goods, services, or
263	263	facilities, except as provided by Section 521.460, Transportation
264	264	Code, or in regard to the operation of a motor vehicle, because the
265	265	holder has or presents a [concealed] handgun license rather than a
266	266	driver's license or other acceptable form of personal
267	267	identification.
268	268	(b) This section does not affect:
269	269	(1) the requirement under Section 411.205, Government
270	270	Code, that a person subject to that section present a driver's
271	271	license or identification certificate or other proof of identity
272	272	[in addition to a concealed handgun license]; or
273	273	(2) the types of identification required under federal
274	274	law to access airport premises or pass through airport security.
275	275	SECTION 9. Section 125.0015(a), Civil Practice and Remedies
276	276	Code, is amended to read as follows:
277	277	(a) A person who maintains a place to which persons
278	278	habitually go for the following purposes and who knowingly
279	279	tolerates the activity and furthermore fails to make reasonable
280	280	attempts to abate the activity maintains a common nuisance:
281	281	(1) discharge of a firearm in a public place as
282	282	prohibited by the Penal Code;
283	283	(2) reckless discharge of a firearm as prohibited by
284	284	the Penal Code;
285	285	(3) engaging in organized criminal activity as a
286	286	member of a combination as prohibited by the Penal Code;
287	287	(4) delivery, possession, manufacture, or use of a
288	288	substance or other item in violation of Chapter 481, Health and
289	289	Safety Code;
290	290	(5) gambling, gambling promotion, or communicating
291	291	gambling information as prohibited by the Penal Code;
292	292	(6) prostitution, promotion of prostitution, or
293	293	aggravated promotion of prostitution as prohibited by the Penal
294	294	Code;
295	295	(7) compelling prostitution as prohibited by the Penal
296	296	Code;
297	297	(8) commercial manufacture, commercial distribution,
298	298	or commercial exhibition of obscene material as prohibited by the
299	299	Penal Code;
300	300	(9) aggravated assault as described by Section 22.02,
301	301	Penal Code;
302	302	(10) sexual assault as described by Section 22.011,
303	303	Penal Code;
304	304	(11) aggravated sexual assault as described by Section
305	305	22.021, Penal Code;
306	306	(12) robbery as described by Section 29.02, Penal
307	307	Code;
308	308	(13) aggravated robbery as described by Section 29.03,
309	309	Penal Code;
310	310	(14) unlawfully carrying a weapon as described by
311	311	Section 46.02, Penal Code, or unlawfully carrying a firearm as
312	312	described by Section 46.03 or 46.035, Penal Code;
313	313	(15) murder as described by Section 19.02, Penal Code;
314	314	(16) capital murder as described by Section 19.03,
315	315	Penal Code;
316	316	(17) continuous sexual abuse of young child or
317	317	children as described by Section 21.02, Penal Code;
318	318	(18) massage therapy or other massage services in
319	319	violation of Chapter 455, Occupations Code;
320	320	(19) employing a minor at a sexually oriented business
321	321	as defined by Section 243.002, Local Government Code;
322	322	(20) trafficking of persons as described by Section
323	323	20A.02, Penal Code;
324	324	(21) sexual conduct or performance by a child as
325	325	described by Section 43.25, Penal Code;
326	326	(22) employment harmful to a child as described by
327	327	Section 43.251, Penal Code;
328	328	(23) criminal trespass as described by Section 30.05,
329	329	Penal Code;
330	330	(24) disorderly conduct as described by Section 42.01,
331	331	Penal Code;
332	332	(25) arson as described by Section 28.02, Penal Code;
333	333	(26) criminal mischief as described by Section 28.03,
334	334	Penal Code, that causes a pecuniary loss of $500 or more; or
335	335	(27) a graffiti offense in violation of Section 28.08,
336	336	Penal Code.
337	337	SECTION 10. Section 37.005(c), Education Code, is amended
338	338	to read as follows:
339	339	(c) A student who is enrolled in a grade level below grade
340	340	three may not be placed in out-of-school suspension unless while on
341	341	school property or while attending a school-sponsored or
342	342	school-related activity on or off of school property, the student
343	343	engages in:
344	344	(1) conduct that contains the elements of an offense
345	345	related to weapons under Section 46.02 or 46.05, Penal Code, or to
346	346	firearms under Section 46.03 or 46.035, Penal Code;
347	347	(2) conduct that contains the elements of a violent
348	348	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
349	349	or
350	350	(3) selling, giving, or delivering to another person
351	351	or possessing, using, or being under the influence of any amount of:
352	352	(A) marihuana or a controlled substance, as
353	353	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
354	354	Section 801 et seq.;
355	355	(B) a dangerous drug, as defined by Chapter 483,
356	356	Health and Safety Code; or
357	357	(C) an alcoholic beverage, as defined by Section
358	358	1.04, Alcoholic Beverage Code.
359	359	SECTION 11. Section 37.007(a), Education Code, is amended
360	360	to read as follows:
361	361	(a) Except as provided by Subsection (k), a student shall be
362	362	expelled from a school if the student, on school property or while
363	363	attending a school-sponsored or school-related activity on or off
364	364	of school property:
365	365	(1) engages in conduct that contains the elements of
366	366	[the offense of unlawfully carrying weapons under Section 46.02,
367	367	Penal Code, or elements of] an offense relating to [prohibited]
368	368	weapons under Section 46.02 or 46.05, Penal Code, or to firearms
369	369	under Section 46.03 or 46.035, Penal Code;
370	370	(2) engages in conduct that contains the elements of
371	371	the offense of:
372	372	(A) aggravated assault under Section 22.02,
373	373	Penal Code, sexual assault under Section 22.011, Penal Code, or
374	374	aggravated sexual assault under Section 22.021, Penal Code;
375	375	(B) arson under Section 28.02, Penal Code;
376	376	(C) murder under Section 19.02, Penal Code,
377	377	capital murder under Section 19.03, Penal Code, or criminal
378	378	attempt, under Section 15.01, Penal Code, to commit murder or
379	379	capital murder;
380	380	(D) indecency with a child under Section 21.11,
381	381	Penal Code;
382	382	(E) aggravated kidnapping under Section 20.04,
383	383	Penal Code;
384	384	(F) aggravated robbery under Section 29.03,
385	385	Penal Code;
386	386	(G) manslaughter under Section 19.04, Penal
387	387	Code;
388	388	(H) criminally negligent homicide under Section
389	389	19.05, Penal Code; or
390	390	(I) continuous sexual abuse of young child or
391	391	children under Section 21.02, Penal Code; or
392	392	(3) engages in conduct specified by Section
393	393	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
394	394	SECTION 12. Section 51.220(g), Education Code, is amended
395	395	to read as follows:
396	396	(g) A public junior college employee's status as a school
397	397	marshal becomes inactive on:
398	398	(1) expiration of the employee's school marshal
399	399	license under Section 1701.260, Occupations Code;
400	400	(2) suspension or revocation of the employee's license
401	401	to carry a [concealed] handgun issued under Subchapter H, Chapter
402	402	411, Government Code;
403	403	(3) termination of the employee's employment with the
404	404	public junior college; or
405	405	(4) notice from the governing board of the public
406	406	junior college that the employee's services as school marshal are
407	407	no longer required.
408	408	SECTION 13. Section 231.302(c-1), Family Code, is amended
409	409	to read as follows:
410	410	(c-1) For purposes of issuing a license to carry a
411	411	[concealed] handgun under Subchapter H, Chapter 411, Government
412	412	Code, the Department of Public Safety is not required to request,
413	413	and an applicant is not required to provide, the applicant's social
414	414	security number.
415	415	SECTION 14. Section 411.0625(c), Government Code, is
416	416	amended to read as follows:
417	417	(c) The department shall adopt rules to establish a
418	418	procedure by which a resident of the state may apply for and be
419	419	issued a Capitol access pass. Rules adopted under this section
420	420	must include provisions for eligibility, application, approval,
421	421	issuance, and renewal that:
422	422	(1) require the department to conduct the same
423	423	background check on an applicant for a Capitol access pass that is
424	424	conducted on an applicant for a license to carry a handgun under
425	425	Subchapter H;
426	426	(2) enable the department to conduct the background
427	427	check described by Subdivision (1); and
428	428	(3) establish application and renewal fees in amounts
429	429	sufficient to cover the cost of administering this section[, not to
430	430	exceed the amounts of similar fees required under Section 411.174
431	431	for a license to carry a handgun].
432	432	SECTION 15. The heading to Subchapter H, Chapter 411,
433	433	Government Code, is amended to read as follows:
434	434	SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
435	435	RELATING TO CARRYING OF FIREARMS
436	436	SECTION 16. Section 411.173(a), Government Code, is amended
437	437	to read as follows:
438	438	(a) The department by rule shall establish a procedure for a
439	439	person who meets the eligibility requirements of this subchapter
440	440	other than the residency requirement established by Section
441	441	411.172(a)(1) to obtain a license under this subchapter if the
442	442	person is a legal resident of another state or if the person
443	443	relocates to this state with the intent to establish residency in
444	444	this state. [The procedure must include payment of a fee in an
445	445	amount sufficient to recover the average cost to the department of
446	446	obtaining a criminal history record check and investigation on a
447	447	nonresident applicant.] A license issued in accordance with the
448	448	procedure established under this subsection:
449	449	(1) remains in effect until the license expires under
450	450	Section 411.183; and
451	451	(2) may be renewed under Section 411.185.
452	452	SECTION 17. Section 411.174(a), Government Code, is amended
453	453	to read as follows:
454	454	(a) An applicant for a license to carry a handgun must
455	455	submit to the director's designee described by Section 411.176:
456	456	(1) a completed application on a form provided by the
457	457	department that requires only the information listed in Subsection
458	458	(b);
459	459	(2) one or more photographs of the applicant that meet
460	460	the requirements of the department;
461	461	(3) a certified copy of the applicant's birth
462	462	certificate or certified proof of age;
463	463	(4) proof of residency in this state;
464	464	(5) two complete sets of legible and classifiable
465	465	fingerprints of the applicant taken by a person appropriately
466	466	trained in recording fingerprints who is employed by a law
467	467	enforcement agency or by a private entity designated by a law
468	468	enforcement agency as an entity qualified to take fingerprints of
469	469	an applicant for a license under this subchapter;
470	470	(6) [a nonrefundable application and license fee of
471	471	$40 paid to the department;
472	472	[(7)] evidence of handgun proficiency, in the form and
473	473	manner required by the department;
474	474	(7) [(8)] an affidavit signed by the applicant stating
475	475	that the applicant:
476	476	(A) has read and understands each provision of
477	477	this subchapter that creates an offense under the laws of this state
478	478	and each provision of the laws of this state related to use of
479	479	deadly force; and
480	480	(B) fulfills all the eligibility requirements
481	481	listed under Section 411.172; and
482	482	(8) [(9)] a form executed by the applicant that
483	483	authorizes the director to make an inquiry into any noncriminal
484	484	history records that are necessary to determine the applicant's
485	485	eligibility for a license under Section 411.172(a).
486	486	SECTION 18. Section 411.177, Government Code, is amended by
487	487	adding Subsection (e) to read as follows:
488	488	(e) For the purpose of reciprocity with other states, the
489	489	department shall issue a license under this subchapter to each
490	490	applicant who meets all the eligibility requirements and submits
491	491	all the application materials, regardless of whether the applicant
492	492	may legally carry a handgun without a license in this state under
493	493	Chapter 46, Penal Code, or other state law.
494	494	SECTION 19. Section 411.179, Government Code, is amended by
495	495	amending Subsections (c) and (e) and adding Subsection (f) to read
496	496	as follows:
497	497	(c) In adopting the form of the license under Subsection
498	498	(a), the department shall establish a procedure for the license of a
499	499	qualified handgun instructor or of the attorney general or a judge,
500	500	justice, United States attorney, assistant United States attorney,
501	501	assistant attorney general, prosecuting attorney, or assistant
502	502	prosecuting attorney, as described by Section 46.15(a)(4), (6),
503	503	[or] (7), or (11), Penal Code, to indicate on the license the
504	504	license holder's status as a qualified handgun instructor or as the
505	505	attorney general or a judge, justice, United States attorney,
506	506	assistant United States attorney, assistant attorney general,
507	507	prosecuting [district] attorney, or assistant prosecuting
508	508	[criminal district] attorney[, or county attorney]. In
509	509	establishing the procedure, the department shall require
510	510	sufficient documentary evidence to establish the license holder's
511	511	status under this subsection.
512	512	(e) [In this subsection, "veteran" has the meaning assigned
513	513	by Section 411.1951.] The department shall include the designation
514	514	"VETERAN" on the face of any original, duplicate, modified, or
515	515	renewed license under this subchapter or on the reverse side of the
516	516	license, as determined by the department, if the license is issued
517	517	to a veteran who:
518	518	(1) requests the designation; and
519	519	(2) provides proof sufficient to the department of the
520	520	veteran's military service and honorable discharge.
521	521	(f) For purposes of Subsection (e), "veteran" means a person
522	522	who:
523	523	(1) has served in:
524	524	(A) the army, navy, air force, coast guard, or
525	525	marine corps of the United States;
526	526	(B) the Texas military forces as defined by
527	527	Section 437.001; or
528	528	(C) an auxiliary service of one of those branches
529	529	of the armed forces; and
530	530	(2) has been honorably discharged from the branch of
531	531	the service in which the person served.
532	532	SECTION 20. Section 411.181(h), Government Code, is amended
533	533	to read as follows:
534	534	(h) If a license holder is required under this section to
535	535	apply for a duplicate license and the license expires not later than
536	536	the 60th day after the date of the loss, theft, or destruction of
537	537	the license, the applicant may renew the license with the modified
538	538	information included on the new license. [The applicant must pay
539	539	only the nonrefundable renewal fee.]
540	540	SECTION 21. Section 411.185, Government Code, is amended by
541	541	amending Subsection (a) and adding Subsection (h) to read as
542	542	follows:
543	543	(a) To renew a license, a license holder must, on or before
544	544	the date the license expires, submit to the department by mail or,
545	545	in accordance with the procedure adopted under Subsection (f), on
546	546	the Internet:
547	547	(1) a renewal application on a form provided by the
548	548	department;
549	549	[(2) payment of a nonrefundable renewal fee of $40;]
550	550	and
551	551	(2) [(3)] the informational form described by
552	552	Subsection (c) signed or electronically acknowledged by the
553	553	applicant.
554	554	(h) For the purpose of reciprocity with other states, the
555	555	department shall renew the license of each license holder who meets
556	556	all the eligibility requirements to continue to hold a license and
557	557	who submits all the renewal materials described by Subsection (a),
558	558	regardless of whether the license holder may legally carry a
559	559	handgun without a license in this state under Chapter 46, Penal
560	560	Code, or other state law.
561	561	SECTION 22. Sections 411.186(a) and (c), Government Code,
562	562	are amended to read as follows:
563	563	(a) The department shall revoke a license under this section
564	564	if the license holder:
565	565	(1) was not entitled to the license at the time it was
566	566	issued;
567	567	(2) made a material misrepresentation or failed to
568	568	disclose a material fact in an application submitted under this
569	569	subchapter;
570	570	(3) subsequently becomes ineligible for a license
571	571	under Section 411.172, unless the sole basis for the ineligibility
572	572	is that the license holder is charged with the commission of a Class
573	573	A or Class B misdemeanor or equivalent offense, or of an offense
574	574	under Section 42.01, Penal Code, or equivalent offense, or of a
575	575	felony under an information or indictment;
576	576	(4) is convicted of an offense under Section 46.035,
577	577	Penal Code; or
578	578	(5) is determined by the department to have engaged in
579	579	conduct constituting a reason to suspend a license listed in
580	580	Section 411.187(a) after the person's license has been previously
581	581	suspended twice for the same reason[; or
582	582	[(6) submits an application fee that is dishonored or
583	583	reversed if the applicant fails to submit a cashier's check or money
584	584	order made payable to the "Department of Public Safety of the State
585	585	of Texas" in the amount of the dishonored or reversed fee, plus $25,
586	586	within 30 days of being notified by the department that the fee was
587	587	dishonored or reversed].
588	588	(c) A license holder whose license is revoked for a reason
589	589	listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a
590	590	new applicant for the issuance of a license under this subchapter
591	591	after the second anniversary of the date of the revocation if the
592	592	cause for revocation does not exist on the date of the second
593	593	anniversary. If the cause for revocation exists on the date of the
594	594	second anniversary after the date of revocation, the license holder
595	595	may not apply for a new license until the cause for revocation no
596	596	longer exists and has not existed for a period of two years.
597	597	SECTION 23. Section 411.190(c), Government Code, is amended
598	598	to read as follows:
599	599	(c) In the manner applicable to a person who applies for a
600	600	license to carry a handgun, the department shall conduct a
601	601	background check of a person who applies for certification as a
602	602	qualified handgun instructor or approved online course provider.
603	603	If the background check indicates that the applicant for
604	604	certification would not qualify to receive a handgun license, the
605	605	department may not certify the applicant as a qualified handgun
606	606	instructor or approved online course provider. If the background
607	607	check indicates that the applicant for certification would qualify
608	608	to receive a handgun license, the department shall provide handgun
609	609	instructor or online course provider training to the applicant.
610	610	The applicant shall pay a fee of $100 to the department for the
611	611	training. The applicant must take and successfully complete the
612	612	training offered by the department and pay the training fee before
613	613	the department may certify the applicant as a qualified handgun
614	614	instructor or approved online course provider. The department
615	615	shall issue a license to carry a handgun under [the authority of]
616	616	this subchapter to any person who is certified as a qualified
617	617	handgun instructor or approved online course provider [and who pays
618	618	to the department a fee of $40 in addition to the training fee]. The
619	619	department by rule may prorate or waive the training fee for an
620	620	employee of another governmental entity.
621	621	SECTION 24. Section 411.200, Government Code, is amended to
622	622	read as follows:
623	623	Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
624	624	This subchapter does not exempt a license holder who is also
625	625	employed as a security officer and licensed under Chapter 1702,
626	626	Occupations Code, from the duty to comply with Chapter 1702,
627	627	Occupations Code, or from the duty to refrain from committing a
628	628	firearms offense under Chapter 46 [Section 46.02], Penal Code.
629	629	SECTION 25. Sections 411.201(c), (d), (e), and (h),
630	630	Government Code, are amended to read as follows:
631	631	(c) An active judicial officer is eligible for a license to
632	632	carry a handgun under [the authority of] this subchapter. A retired
633	633	judicial officer is eligible for a license to carry a handgun under
634	634	[the authority of] this subchapter if the officer:
635	635	(1) has not been convicted of a felony;
636	636	(2) has not, in the five years preceding the date of
637	637	application, been convicted of a Class A or Class B misdemeanor or
638	638	equivalent offense;
639	639	(3) is not charged with the commission of a Class A or
640	640	Class B misdemeanor or equivalent offense or of a felony under an
641	641	information or indictment;
642	642	(4) is not a chemically dependent person; and
643	643	(5) is not a person of unsound mind.
644	644	(d) An applicant for a license who is an active or retired
645	645	judicial officer must submit to the department:
646	646	(1) a completed application, including all required
647	647	affidavits, on a form prescribed by the department;
648	648	(2) one or more photographs of the applicant that meet
649	649	the requirements of the department;
650	650	(3) two complete sets of legible and classifiable
651	651	fingerprints of the applicant, including one set taken by a person
652	652	employed by a law enforcement agency who is appropriately trained
653	653	in recording fingerprints;
654	654	(4) evidence of handgun proficiency, in the form and
655	655	manner required by the department for an applicant under this
656	656	section;
657	657	[(5) a nonrefundable application and license fee of
658	658	$25;] and
659	659	(5) [(6)] if the applicant is a retired judicial
660	660	officer, a form executed by the applicant that authorizes the
661	661	department to make an inquiry into any noncriminal history records
662	662	that are necessary to determine the applicant's eligibility for a
663	663	license under this subchapter.
664	664	(e) On receipt of all the application materials required by
665	665	this section, the department shall:
666	666	(1) if the applicant is an active judicial officer,
667	667	issue a license to carry a handgun under [the authority of] this
668	668	subchapter; or
669	669	(2) if the applicant is a retired judicial officer,
670	670	conduct an appropriate background investigation to determine the
671	671	applicant's eligibility for the license and, if the applicant is
672	672	eligible, issue a license to carry a handgun under [the authority
673	673	of] this subchapter.
674	674	(h) The department shall issue a license to carry a handgun
675	675	under [the authority of] this subchapter to a United States
676	676	attorney or an assistant United States attorney, or to an attorney
677	677	elected or employed to represent the state in the prosecution of
678	678	felony cases, who meets the requirements of this section for an
679	679	active judicial officer. [The department shall waive any fee
680	680	required for the issuance of an original, duplicate, or renewed
681	681	license under this subchapter for an applicant who is a United
682	682	States attorney or an assistant United States attorney or who is an
683	683	attorney elected or employed to represent the state in the
684	684	prosecution of felony cases.]
685	685	SECTION 26. Section 411.203, Government Code, is amended to
686	686	read as follows:
687	687	Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
688	688	does not prevent or otherwise limit the right of a public or private
689	689	employer to prohibit persons who are licensed under this subchapter
690	690	or not otherwise prohibited by state or federal law from possessing
691	691	a firearm from carrying a handgun or other firearm on the premises
692	692	of the business.
693	693	(b) In this section, "premises" has the meaning assigned by
694	694	Section 46.035(f) [46.035(f)(3)], Penal Code.
695	695	SECTION 27. Section 411.204(c), Government Code, is amended
696	696	to read as follows:
697	697	(c) The sign required under Subsections (a) and (b) must
698	698	give notice in both English and Spanish that it is unlawful for a
699	699	person, regardless of whether the person is licensed under this
700	700	subchapter, to carry a handgun on the premises. The sign must
701	701	appear in contrasting colors with block letters at least one inch in
702	702	height and must include on its face the number "51" printed in solid
703	703	red at least five inches in height. The sign shall be displayed in a
704	704	conspicuous manner clearly visible to the public.
705	705	SECTION 28. Section 411.205, Government Code, is amended to
706	706	read as follows:
707	707	Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND
708	708	HANDGUN LICENSE. If a person [license holder] is carrying a handgun
709	709	[on or about the license holder's person] when a magistrate or a
710	710	peace officer demands that the person [license holder] display
711	711	identification, the person [license holder] shall display [both]
712	712	the person's [license holder's] driver's license or identification
713	713	certificate issued by the department or other proof of identity. If
714	714	the person is a license holder under this subchapter and is carrying
715	715	the person's handgun license, the person also shall display [and]
716	716	the person's [license holder's] handgun license.
717	717	SECTION 29. The heading to Section 411.206, Government
718	718	Code, is amended to read as follows:
719	719	Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
720	720	SECTION 30. Sections 411.206(a) and (c), Government Code,
721	721	are amended to read as follows:
722	722	(a) If a peace officer arrests and takes into custody a
723	723	person [license holder] who is carrying a handgun [under the
724	724	authority of this subchapter], the officer shall seize the person's
725	725	[license holder's] handgun. The peace officer also shall seize the
726	726	person's handgun [and] license as evidence if the person holds a
727	727	handgun license under this subchapter and is carrying the license
728	728	at the time of the arrest.
729	729	(c) Any judgment of conviction entered by any court for an
730	730	offense under Section 46.035, Penal Code, must contain the handgun
731	731	license number of the convicted person, if the person is a handgun
732	732	license holder. A certified copy of the judgment is conclusive and
733	733	sufficient evidence to justify revocation of a license under
734	734	Section 411.186(a)(4).
735	735	SECTION 31. Sections 411.207(a), (b), and (c), Government
736	736	Code, are amended to read as follows:
737	737	(a) A peace officer who is acting in the lawful discharge of
738	738	the officer's official duties may disarm a person, including a
739	739	license holder, who is carrying a handgun at any time the officer
740	740	reasonably believes it is necessary for the protection of the
741	741	person [license holder], officer, or another individual. The peace
742	742	officer shall return the handgun to the person [license holder]
743	743	before discharging the person [license holder] from the scene if
744	744	the officer determines that the person:
745	745	(1) [license holder] is not a threat to the officer,
746	746	the person [license holder], or another individual;
747	747	(2) [and if the license holder] has not violated any
748	748	provision of this subchapter or committed any other violation that
749	749	results in the arrest of the person; and
750	750	(3) is not prohibited from possessing a firearm
751	751	[license holder].
752	752	(b) A peace officer who is acting in the lawful discharge of
753	753	the officer's official duties may [temporarily] disarm a person
754	754	only temporarily, regardless of whether the person is a license
755	755	holder, when the person [a license holder] enters a nonpublic,
756	756	secure portion of a law enforcement facility. The[, if the] law
757	757	enforcement agency shall provide [provides] a gun locker where the
758	758	peace officer can secure the person's [license holder's] handgun.
759	759	The peace officer shall secure the handgun in the locker and shall
760	760	return the handgun to the person [license holder] immediately after
761	761	the person [license holder] leaves the nonpublic, secure portion of
762	762	the law enforcement facility.
763	763	(c) A law enforcement facility shall prominently display at
764	764	each entrance to a nonpublic, secure portion of the facility a sign
765	765	that gives notice in both English and Spanish that, under this
766	766	section, a peace officer may temporarily disarm a person,
767	767	regardless of whether the person is a license holder, when the
768	768	person [license holder] enters the nonpublic, secure portion of the
769	769	facility. The sign must appear in contrasting colors with block
770	770	letters at least one inch in height. The sign shall be displayed in
771	771	a clearly visible and conspicuous manner.
772	772	SECTION 32. Section 12.092(b), Health and Safety Code, is
773	773	amended to read as follows:
774	774	(b) The medical advisory board shall assist the Department
775	775	of Public Safety of the State of Texas in determining whether:
776	776	(1) an applicant for a driver's license or a license
777	777	holder is capable of safely operating a motor vehicle; or
778	778	(2) an applicant for or holder of a license to carry a
779	779	handgun under [the authority of] Subchapter H, Chapter 411,
780	780	Government Code, or an applicant for or holder of a commission as a
781	781	security officer under Chapter 1702, Occupations Code, is capable
782	782	of exercising sound judgment with respect to the proper use and
783	783	storage of a handgun.
784	784	SECTION 33. The heading to Section 552.002, Health and
785	785	Safety Code, is amended to read as follows:
786	786	Sec. 552.002. CARRYING OF HANDGUN [BY LICENSE HOLDER] IN
787	787	STATE HOSPITAL.
788	788	SECTION 34. Sections 552.002(a), (b), and (c), Health and
789	789	Safety Code, are amended to read as follows:
790	790	(a) In this section:
791	791	(1) ["License holder" has the meaning assigned by
792	792	Section 46.035(f), Penal Code.
793	793	[(2)] "State hospital" means the following
794	794	facilities:
795	795	(A) the Austin State Hospital;
796	796	(B) the Big Spring State Hospital;
797	797	(C) the El Paso Psychiatric Center;
798	798	(D) the Kerrville State Hospital;
799	799	(E) the North Texas State Hospital;
800	800	(F) the Rio Grande State Center;
801	801	(G) the Rusk State Hospital;
802	802	(H) the San Antonio State Hospital;
803	803	(I) the Terrell State Hospital; and
804	804	(J) the Waco Center for Youth.
805	805	(2) [(3)] "Written notice" means a sign that is posted
806	806	on property and that:
807	807	(A) includes in both English and Spanish written
808	808	language identical to the following: "Pursuant to Section 552.002,
809	809	Health and Safety Code (carrying of handgun [by license holder] in
810	810	state hospital), a person [licensed under Subchapter H, Chapter
811	811	411, Government Code (handgun licensing law),] may not enter this
812	812	property with a handgun";
813	813	(B) appears in contrasting colors with block
814	814	letters at least one inch in height; and
815	815	(C) is displayed in a conspicuous manner clearly
816	816	visible to the public at each entrance to the property.
817	817	(b) A state hospital may prohibit a person [license holder]
818	818	from carrying a handgun [under the authority of Subchapter H,
819	819	Chapter 411, Government Code,] on the property of the hospital by
820	820	providing written notice.
821	821	(c) A person [license holder] who carries a handgun [under
822	822	the authority of Subchapter H, Chapter 411, Government Code,] on
823	823	the property of a state hospital at which written notice is provided
824	824	is liable for a civil penalty in the amount of:
825	825	(1) $100 for the first violation; or
826	826	(2) $500 for the second or subsequent violation.
827	827	SECTION 35. Section 52.061, Labor Code, is amended to read
828	828	as follows:
829	829	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
830	830	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
831	831	may not prohibit an employee who is not otherwise prohibited by
832	832	state or federal law from possessing [holds a license to carry a
833	833	handgun under Subchapter H, Chapter 411, Government Code, who
834	834	otherwise lawfully possesses] a firearm[,] or [who lawfully
835	835	possesses] ammunition from transporting or storing a firearm or
836	836	ammunition [the employee is authorized by law to possess] in a
837	837	locked, privately owned motor vehicle in a parking lot, parking
838	838	garage, or other parking area the employer provides for employees.
839	839	SECTION 36. Section 52.062(a), Labor Code, is amended to
840	840	read as follows:
841	841	(a) Section 52.061 does not:
842	842	(1) authorize a person who is not otherwise prohibited
843	843	by state or federal law from possessing [holds a license to carry a
844	844	handgun under Subchapter H, Chapter 411, Government Code, who
845	845	otherwise lawfully possesses] a firearm[,] or [who lawfully
846	846	possesses] ammunition to possess a firearm or ammunition on any
847	847	property where the possession of a firearm or ammunition is
848	848	prohibited by state or federal law; or
849	849	(2) apply to:
850	850	(A) a vehicle owned or leased by a public or
851	851	private employer and used by an employee in the course and scope of
852	852	the employee's employment, unless the employee is required to
853	853	transport or store a firearm in the official discharge of the
854	854	employee's duties;
855	855	(B) a school district;
856	856	(C) an open-enrollment charter school, as
857	857	defined by Section 5.001, Education Code;
858	858	(D) a private school, as defined by Section
859	859	22.081, Education Code;
860	860	(E) property owned or controlled by a person,
861	861	other than the employer, that is subject to a valid, unexpired oil,
862	862	gas, or other mineral lease that contains a provision prohibiting
863	863	the possession of firearms on the property; or
864	864	(F) property owned or leased by a chemical
865	865	manufacturer or oil and gas refiner with an air authorization under
866	866	Chapter 382, Health and Safety Code, and on which the primary
867	867	business conducted is the manufacture, use, storage, or
868	868	transportation of hazardous, combustible, or explosive materials,
869	869	except in regard to an employee who is not otherwise prohibited by
870	870	state or federal law from possessing a firearm or ammunition [holds
871	871	a license to carry a handgun under Subchapter H, Chapter 411,
872	872	Government Code,] and [who] stores the [a] firearm or ammunition
873	873	[the employee is authorized by law to possess] in a locked,
874	874	privately owned motor vehicle in a parking lot, parking garage, or
875	875	other parking area the employer provides for employees that is
876	876	outside of a secured and restricted area:
877	877	(i) that contains the physical plant;
878	878	(ii) that is not open to the public; and
879	879	(iii) the ingress into which is constantly
880	880	monitored by security personnel.
881	881	SECTION 37. Section 118.011(b), Local Government Code, is
882	882	amended to read as follows:
883	883	(b) The county clerk may set and collect the following fee
884	884	from any person:
885	885	(1) Returned Check (Sec. 118.0215) . . . . . . not less
886	886	than $15 or more than $30
887	887	(2) Records Management and Preservation Fee (Sec.
888	888	118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $10
889	889	(3) [Mental Health Background Check for License to
890	890	Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
891	891	[(4)] Marriage License for Out-of-State Applicants
892	892	(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
893	893	SECTION 38. Section 191.010(a), Local Government Code, is
894	894	amended to read as follows:
895	895	(a) In this section, "photo identification" means one of the
896	896	following forms of photo identification:
897	897	(1) a driver's license, election identification
898	898	certificate, or personal identification card issued to the person
899	899	by any state or territory of the United States that has not expired
900	900	or that expired no earlier than 60 days before the date of
901	901	presentation;
902	902	(2) a United States military identification card that
903	903	contains the person's photograph that has not expired or that
904	904	expired no earlier than 60 days before the date of presentation;
905	905	(3) a United States citizenship certificate issued to
906	906	the person that contains the person's photograph;
907	907	(4) a United States Permanent Resident Card that has
908	908	not expired or that expired no earlier than 60 days before the date
909	909	of presentation;
910	910	(5) an identification card issued by a municipality
911	911	intended to serve as a general identification card for the holder
912	912	that has not expired or that expired no earlier than 60 days before
913	913	the date of presentation;
914	914	(6) a federally recognized tribal enrollment card or
915	915	other form of tribal identification that has not expired or that
916	916	expired no earlier than 60 days before the date of presentation;
917	917	(7) a United States passport or a passport issued by a
918	918	foreign government recognized by the United States issued to the
919	919	person that has not expired or that expired no earlier than 60 days
920	920	before the date of presentation; or
921	921	(8) a license to carry a [concealed] handgun issued to
922	922	the person by the Department of Public Safety that has not expired
923	923	or that expired no earlier than 60 days before the date of
924	924	presentation.
925	925	SECTION 39. Section 229.001(b), Local Government Code, is
926	926	amended to read as follows:
927	927	(b) Subsection (a) does not affect the authority a
928	928	municipality has under another law to:
929	929	(1) require residents or public employees to be armed
930	930	for personal or national defense, law enforcement, or another
931	931	lawful purpose;
932	932	(2) regulate the discharge of firearms or air guns
933	933	within the limits of the municipality, other than at a sport
934	934	shooting range;
935	935	(3) except as provided by Subsection (b-1), adopt or
936	936	enforce a generally applicable zoning ordinance, land use
937	937	regulation, fire code, or business ordinance;
938	938	(4) regulate the use of firearms, air guns, or knives
939	939	in the case of an insurrection, riot, or natural disaster if the
940	940	municipality finds the regulations necessary to protect public
941	941	health and safety;
942	942	(5) regulate the storage or transportation of
943	943	explosives to protect public health and safety, except that 25
944	944	pounds or less of black powder for each private residence and 50
945	945	pounds or less of black powder for each retail dealer are not
946	946	subject to regulation;
947	947	(6) regulate the carrying of an air gun or [a] firearm,
948	948	[or air gun by a person] other than a [person licensed to carry a]
949	949	handgun carried by a person not otherwise prohibited by state or
950	950	federal law from possessing a firearm [under Subchapter H, Chapter
951	951	411, Government Code], at a:
952	952	(A) public park;
953	953	(B) public meeting of a municipality, county, or
954	954	other governmental body;
955	955	(C) political rally, parade, or official
956	956	political meeting; or
957	957	(D) nonfirearms-related school, college, or
958	958	professional athletic event;
959	959	(7) regulate the carrying of a firearm by a person
960	960	licensed to carry a handgun under Subchapter H, Chapter 411,
961	961	Government Code, in accordance with Section 411.209, Government
962	962	Code;
963	963	(8) regulate the hours of operation of a sport
964	964	shooting range, except that the hours of operation may not be more
965	965	limited than the least limited hours of operation of any other
966	966	business in the municipality other than a business permitted or
967	967	licensed to sell or serve alcoholic beverages for on-premises
968	968	consumption;
969	969	(9) regulate the carrying of an air gun by a minor on:
970	970	(A) public property; or
971	971	(B) private property without consent of the
972	972	property owner; or
973	973	(10) except as provided by Subsection (d-1), regulate
974	974	or prohibit an employee's carrying or possession of a firearm,
975	975	firearm accessory, or ammunition in the course of the employee's
976	976	official duties.
977	977	SECTION 40. Section 1702.002(21), Occupations Code, is
978	978	amended to read as follows:
979	979	(21) "Security officer commission" means an
980	980	authorization issued by the department that entitles a security
981	981	officer to carry a firearm as described by this chapter.
982	982	SECTION 41. Section 1702.169, Occupations Code, is amended
983	983	to read as follows:
984	984	Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned
985	985	security officer other than a person acting as a personal
986	986	protection officer may not carry a firearm while [unless:
987	987	[(1) the security officer is:
988	988	[(A)] engaged in the performance of duties as a
989	989	security officer unless:
990	990	(1) [; or
991	991	[(B) traveling to or from the place of
992	992	assignment;
993	993	[(2)] the security officer wears a distinctive uniform
994	994	indicating that the individual is a security officer; and
995	995	(2) [(3)] the firearm is in plain view.
996	996	SECTION 42. Section 1702.206(a), Occupations Code, is
997	997	amended to read as follows:
998	998	(a) An individual acting as and performing the duties of a
999	999	personal protection officer may not carry a firearm unless the
1000	1000	officer:
1001	1001	(1) is [either:
1002	1002	[(A)] engaged in the exclusive performance of the
1003	1003	officer's duties as a personal protection officer for the employer
1004	1004	under whom the officer's personal protection officer license is
1005	1005	issued; [or
1006	1006	[(B) traveling to or from the officer's place of
1007	1007	assignment;] and
1008	1008	(2) carries the officer's security officer commission
1009	1009	and personal protection officer license on the officer's person
1010	1010	while performing the officer's duties [or traveling] as described
1011	1011	by Subdivision (1) and presents the commission and license on
1012	1012	request.
1013	1013	SECTION 43. Sections 62.082(d) and (e), Parks and Wildlife
1014	1014	Code, are amended to read as follows:
1015	1015	(d) Section 62.081 does not apply to:
1016	1016	(1) an employee of the Lower Colorado River Authority;
1017	1017	(2) a person authorized to hunt under Subsection (c);
1018	1018	(3) a peace officer as defined by Article 2.12, Code of
1019	1019	Criminal Procedure; or
1020	1020	(4) a person who:
1021	1021	(A) is carrying [possesses] a handgun [and a
1022	1022	license issued under Subchapter H, Chapter 411, Government Code, to
1023	1023	carry a handgun]; or
1024	1024	(B) under circumstances in which the person would
1025	1025	be justified in the use of deadly force under Chapter 9, Penal Code,
1026	1026	shoots a handgun [the person is licensed to carry under Subchapter
1027	1027	H, Chapter 411, Government Code].
1028	1028	(e) A state agency, including the department, the
1029	1029	Department of Public Safety, and the Lower Colorado River
1030	1030	Authority, may not adopt a rule that prohibits a person who is not
1031	1031	otherwise prohibited by state or federal law from possessing a
1032	1032	firearm [possesses a license issued under Subchapter H, Chapter
1033	1033	411, Government Code,] from entering or crossing the land of the
1034	1034	Lower Colorado River Authority while:
1035	1035	(1) carrying [possessing] a handgun; or
1036	1036	(2) under circumstances in which the person would be
1037	1037	justified in the use of deadly force under Chapter 9, Penal Code,
1038	1038	shooting a handgun.
1039	1039	SECTION 44. Section 284.001(e), Parks and Wildlife Code, is
1040	1040	amended to read as follows:
1041	1041	(e) This section does not limit a person's [the] ability [of
1042	1042	a license holder] to carry a handgun [under the authority of
1043	1043	Subchapter H, Chapter 411, Government Code].
1044	1044	SECTION 45. Section 287.001(e), Parks and Wildlife Code, is
1045	1045	amended to read as follows:
1046	1046	(e) This section does not limit a person's [the] ability [of
1047	1047	a license holder] to carry a [concealed] handgun [under the
1048	1048	authority of Subchapter H, Chapter 411, Government Code].
1049	1049	SECTION 46. Section 9.31(b), Penal Code, is amended to read
1050	1050	as follows:
1051	1051	(b) The use of force against another is not justified:
1052	1052	(1) in response to verbal provocation alone;
1053	1053	(2) to resist an arrest or search that the actor knows
1054	1054	is being made by a peace officer, or by a person acting in a peace
1055	1055	officer's presence and at his direction, even though the arrest or
1056	1056	search is unlawful, unless the resistance is justified under
1057	1057	Subsection (c);
1058	1058	(3) if the actor consented to the exact force used or
1059	1059	attempted by the other;
1060	1060	(4) if the actor provoked the other's use or attempted
1061	1061	use of unlawful force, unless:
1062	1062	(A) the actor abandons the encounter, or clearly
1063	1063	communicates to the other his intent to do so reasonably believing
1064	1064	he cannot safely abandon the encounter; and
1065	1065	(B) the other nevertheless continues or attempts
1066	1066	to use unlawful force against the actor; or
1067	1067	(5) if the actor sought an explanation from or
1068	1068	discussion with the other person concerning the actor's differences
1069	1069	with the other person while the actor was:
1070	1070	(A) carrying a weapon in violation of Section
1071	1071	46.02 or a firearm in violation of Section 46.03 or 46.035; or
1072	1072	(B) possessing or transporting a weapon in
1073	1073	violation of Section 46.05.
1074	1074	SECTION 47. Section 30.05(f), Penal Code, is amended to
1075	1075	read as follows:
1076	1076	(f) It is a defense to prosecution under this section that:
1077	1077	(1) the basis on which entry on the property or land or
1078	1078	in the building was forbidden is that entry with a handgun was
1079	1079	forbidden; and
1080	1080	(2) the person was carrying:
1081	1081	(A) a license issued under Subchapter H, Chapter
1082	1082	411, Government Code, to carry a handgun; and
1083	1083	(B) a handgun:
1084	1084	(i) in a concealed manner; or
1085	1085	(ii) in a [shoulder or belt] holster.
1086	1086	SECTION 48. Section 30.07(f), Penal Code, is amended to
1087	1087	read as follows:
1088	1088	(f) It is not a defense to prosecution under this section
1089	1089	that the handgun was carried in a [shoulder or belt] holster.
1090	1090	SECTION 49. Chapter 37, Penal Code, is amended by adding
1091	1091	Section 37.102 to read as follows:
1092	1092	Sec. 37.102. SUBMITTING FALSE INFORMATION IN CONNECTION
1093	1093	WITH FIREARM TRANSFER. (a) A person commits an offense if the
1094	1094	person:
1095	1095	(1) is prohibited from possessing a firearm under
1096	1096	state or federal law; and
1097	1097	(2) knowingly makes a materially false statement on a
1098	1098	form that is required by state or federal law for the purchase,
1099	1099	sale, or other transfer of a firearm and submitted to a licensed
1100	1100	firearms dealer under 18 U.S.C. Section 923.
1101	1101	(b) An offense under this section is a felony of the third
1102	1102	degree.
1103	1103	(c) If conduct constituting an offense under this section
1104	1104	also constitutes an offense under another section of this code, the
1105	1105	actor may be prosecuted under either section or both sections.
1106	1106	SECTION 50. The following provisions are repealed:
1107	1107	(1) Section 11.041, Alcoholic Beverage Code;
1108	1108	(2) Section 11.61(e), Alcoholic Beverage Code;
1109	1109	(3) Section 61.11, Alcoholic Beverage Code;
1110	1110	(4) Section 61.71(f), Alcoholic Beverage Code;
1111	1111	(5) Sections 411.181(d) and (i), Government Code;
1112	1112	(6) Section 411.186(d), Government Code;
1113	1113	(7) Sections 411.194, 411.195, 411.1951, 411.1953,
1114	1114	and 411.1954, Government Code;
1115	1115	(8) Section 411.199(d), Government Code;
1116	1116	(9) Section 411.1991(c), Government Code;
1117	1117	(10) Section 411.1992(d), Government Code;
1118	1118	(11) Section 411.1993(e), Government Code;
1119	1119	(12) Section 411.1994(d), Government Code;
1120	1120	(13) Section 411.204(d), Government Code;
1121	1121	(14) Section 118.0217, Local Government Code;
1122	1122	(15) Section 46.02(c), Penal Code;
1123	1123	(16) Section 46.035(h-1), Penal Code, as added by
1124	1124	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
1125	1125	Session, 2007; and
1126	1126	(17) Section 46.035(h-1), Penal Code, as added by
1127	1127	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
1128	1128	Session, 2007.
1129	1129	SECTION 51. The changes in law made by this Act relating to
1130	1130	the fees for an original, duplicate, modified, or renewed license
1131	1131	to carry a handgun under Subchapter H, Chapter 411, Government
1132	1132	Code, as amended by this Act, apply only to an applicant for an
1133	1133	original, duplicate, modified, or renewed license to carry a
1134	1134	handgun under that subchapter who submits the application on or
1135	1135	after the effective date of this Act.
1136	1136	SECTION 52. The change in law made by this Act relating to
1137	1137	the carrying of a handgun applies to the carrying of a handgun on or
1138	1138	after the effective date of this Act by any person not otherwise
1139	1139	prohibited by state or federal law from possessing a firearm.
1140	1140	SECTION 53. The changes in law made by this Act apply only
1141	1141	to an offense committed on or after the effective date of this Act.
1142	1142	An offense committed before the effective date of this Act is
1143	1143	governed by the law in effect when the offense was committed, and
1144	1144	the former law is continued in effect for that purpose. For
1145	1145	purposes of this section, an offense was committed before the
1146	1146	effective date of this Act if any element of the offense occurred
1147	1147	before that date.
1148	1148	SECTION 54. This Act takes effect September 1, 2021.