87R21967 JSC-D
By: Schwertner S.B. No. 2224
A BILL TO BE ENTITLED
AN ACT
relating to provisions governing the carrying of a handgun or other
firearm by a Texas resident who is 21 years of age or older and is
not otherwise prohibited by state or federal law from possessing
the firearm and to other provisions related to the carrying,
possessing, transporting, or storing of a firearm and to handgun
licensing; increasing criminal penalties; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.02(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a handgun; [and]
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) is not a legal resident of this state; and
(3) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
(b) Except as provided by Subsection [(c) or] (d), an
offense under this section is a Class A misdemeanor.
SECTION 2. Sections 46.03(e-1), (e-2), and (f), Penal Code,
are amended to read as follows:
(e-1) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) possessed, at the screening checkpoint for the
secured area, a [concealed] handgun that the actor was not
otherwise prohibited by state or federal law from possessing
[licensed to carry under Subchapter H, Chapter 411, Government
Code]; and
(2) exited the screening checkpoint for the secured
area immediately on [upon] completion of the required screening
processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may
constitute an offense under Subsection (a)(5) and that consists
only of an actor's possession of a [concealed] handgun that the
actor is not otherwise prohibited by state or federal law from
possessing [licensed to carry under Subchapter H, Chapter 411,
Government Code,] may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense
available under Subsection (e-1) and gives the actor an opportunity
to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint
on [upon] completion of the required screening processes.
(f) Except as provided by Subsection (e-1), it is not a
defense to prosecution under this section that the actor possessed
a handgun and was:
(1) licensed to carry a handgun under Subchapter H,
Chapter 411, Government Code; or
(2) not otherwise prohibited by state or federal law
from possessing a firearm.
SECTION 3. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
HOLDER].
SECTION 4. Sections 46.035(a), (b), (c), and (d), Penal
Code, are amended to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder] carries a handgun [on or about the license
holder's person under the authority of Subchapter H, Chapter 411,
Government Code,] and intentionally displays the handgun in plain
view of another person in a public place. It is an exception to the
application of this subsection that the handgun was partially or
wholly visible but was carried in a [shoulder or belt] holster [by
the license holder].
(b) A person [license holder] commits an offense if the
person [license holder] intentionally, knowingly, or recklessly
carries a handgun [under the authority of Subchapter H, Chapter
411, Government Code], regardless of whether the handgun is
concealed or carried in a [shoulder or belt] holster[, on or about
the license holder's person]:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person [license holder] is a participant in the
event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person [license holder] has written authorization of the
hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a civil commitment facility.
(c) A person [license holder] commits an offense if:
(1) the person [license holder] intentionally,
knowingly, or recklessly carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code], regardless of whether
the handgun is concealed or carried in a [shoulder or belt] holster,
in the room or rooms where a meeting of a governmental entity is
held; and
(2) [if] the meeting described by Subdivision (1) is
an open meeting subject to Chapter 551, Government Code, and the
entity provided notice as required by that chapter.
(d) A person [license holder] commits an offense if the
person[, while intoxicated, the license holder] carries a handgun
while the person is intoxicated [under the authority of Subchapter
H, Chapter 411, Government Code], regardless of whether the handgun
is concealed or carried in a [shoulder or belt] holster.
SECTION 5. Section 46.02(a-1), Penal Code, is transferred
to Section 46.035, Penal Code, redesignated as Section 46.035(d-1),
Penal Code, and amended to read as follows:
(d-1) [(a-1)] A person commits an offense if the person
intentionally, knowingly, or recklessly carries [on or about his or
her person] a handgun in a motor vehicle or watercraft that is owned
by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is
not otherwise prohibited by state or federal law from possessing
the handgun [licensed to carry a handgun under Subchapter H,
Chapter 411, Government Code,] and the handgun is carried in a
[shoulder or belt] holster; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;
(B) otherwise prohibited by law from possessing a
firearm; or
(C) a member of a criminal street gang, as
defined by Section 71.01.
SECTION 6. Section 46.04(e), Penal Code, is amended to read
as follows:
(e) An offense under Subsection (a) is a felony of the first
[third] degree. An offense under Subsection (b) or (c) is a felony
of the third degree [Class A misdemeanor].
SECTION 7. Sections 46.15(a), (b), and (d), Penal Code, are
amended to read as follows:
(a) Sections 46.02, [and] 46.03, and 46.035(b) and (c) do
not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and none of those
sections prohibit [neither section prohibits] a peace officer or
special investigator from carrying a weapon in this state,
including in an establishment in this state serving the public,
regardless of whether the peace officer or special investigator is
engaged in the actual discharge of the officer's or investigator's
duties while carrying the weapon;
(2) parole officers, and none of those sections
prohibit [neither section prohibits] an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and none of those sections prohibit [neither section
prohibits] an officer from carrying a weapon in this state if the
officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; [or]
(10) a person who is volunteer emergency services
personnel if the person is:
(A) licensed to carry [carrying] a handgun under
[the authority of] Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services; or
(11) a judge or justice of a federal court who is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 437.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
exclusive performance of the person's duties as an officer
commissioned under Chapter 1702, Occupations Code, [or is traveling
to or from the person's place of assignment] and is wearing the
officer's uniform and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code[, or is traveling to or from the person's place of
assignment]; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) is carrying:
(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a [shoulder or belt] holster;
(7) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(8) is a student in a law enforcement class engaging in
an activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm do not apply to a public security officer
employed by the adjutant general under Section 437.053, Government
Code, in performance of official duties [or while traveling to or
from a place of duty].
SECTION 8. Chapter 507, Business & Commerce Code, is
amended to read as follows:
CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
holder of a [concealed] handgun license issued under Subchapter H,
Chapter 411, Government Code, access to goods, services, or
facilities, except as provided by Section 521.460, Transportation
Code, or in regard to the operation of a motor vehicle, because the
holder has or presents a [concealed] handgun license rather than a
driver's license or other acceptable form of personal
identification.
(b) This section does not affect:
(1) the requirement under Section 411.205, Government
Code, that a person subject to that section present a driver's
license or identification certificate or other proof of identity
[in addition to a concealed handgun license]; or
(2) the types of identification required under federal
law to access airport premises or pass through airport security.
SECTION 9. Section 125.0015(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code, or unlawfully carrying a firearm as
described by Section 46.03 or 46.035, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing a minor at a sexually oriented business
as defined by Section 243.002, Local Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more; or
(27) a graffiti offense in violation of Section 28.08,
Penal Code.
SECTION 10. Section 37.005(c), Education Code, is amended
to read as follows:
(c) A student who is enrolled in a grade level below grade
three may not be placed in out-of-school suspension unless while on
school property or while attending a school-sponsored or
school-related activity on or off of school property, the student
engages in:
(1) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code, or to
firearms under Section 46.03 or 46.035, Penal Code;
(2) conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
or
(3) selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
SECTION 11. Section 37.007(a), Education Code, is amended
to read as follows:
(a) Except as provided by Subsection (k), a student shall be
expelled from a school if the student, on school property or while
attending a school-sponsored or school-related activity on or off
of school property:
(1) engages in conduct that contains the elements of
[the offense of unlawfully carrying weapons under Section 46.02,
Penal Code, or elements of] an offense relating to [prohibited]
weapons under Section 46.02 or 46.05, Penal Code, or to firearms
under Section 46.03 or 46.035, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code;
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 12. Section 51.220(g), Education Code, is amended
to read as follows:
(g) A public junior college employee's status as a school
marshal becomes inactive on:
(1) expiration of the employee's school marshal
license under Section 1701.260, Occupations Code;
(2) suspension or revocation of the employee's license
to carry a [concealed] handgun issued under Subchapter H, Chapter
411, Government Code;
(3) termination of the employee's employment with the
public junior college; or
(4) notice from the governing board of the public
junior college that the employee's services as school marshal are
no longer required.
SECTION 13. Section 231.302(c-1), Family Code, is amended
to read as follows:
(c-1) For purposes of issuing a license to carry a
[concealed] handgun under Subchapter H, Chapter 411, Government
Code, the Department of Public Safety is not required to request,
and an applicant is not required to provide, the applicant's social
security number.
SECTION 14. Section 411.0625(c), Government Code, is
amended to read as follows:
(c) The department shall adopt rules to establish a
procedure by which a resident of the state may apply for and be
issued a Capitol access pass. Rules adopted under this section
must include provisions for eligibility, application, approval,
issuance, and renewal that:
(1) require the department to conduct the same
background check on an applicant for a Capitol access pass that is
conducted on an applicant for a license to carry a handgun under
Subchapter H;
(2) enable the department to conduct the background
check described by Subdivision (1); and
(3) establish application and renewal fees in amounts
sufficient to cover the cost of administering this section[, not to
exceed the amounts of similar fees required under Section 411.174
for a license to carry a handgun].
SECTION 15. The heading to Subchapter H, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
RELATING TO CARRYING OF FIREARMS
SECTION 16. Section 411.173(a), Government Code, is amended
to read as follows:
(a) The department by rule shall establish a procedure for a
person who meets the eligibility requirements of this subchapter
other than the residency requirement established by Section
411.172(a)(1) to obtain a license under this subchapter if the
person is a legal resident of another state or if the person
relocates to this state with the intent to establish residency in
this state. [The procedure must include payment of a fee in an
amount sufficient to recover the average cost to the department of
obtaining a criminal history record check and investigation on a
nonresident applicant.] A license issued in accordance with the
procedure established under this subsection:
(1) remains in effect until the license expires under
Section 411.183; and
(2) may be renewed under Section 411.185.
SECTION 17. Section 411.174(a), Government Code, is amended
to read as follows:
(a) An applicant for a license to carry a handgun must
submit to the director's designee described by Section 411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) a certified copy of the applicant's birth
certificate or certified proof of age;
(4) proof of residency in this state;
(5) two complete sets of legible and classifiable
fingerprints of the applicant taken by a person appropriately
trained in recording fingerprints who is employed by a law
enforcement agency or by a private entity designated by a law
enforcement agency as an entity qualified to take fingerprints of
an applicant for a license under this subchapter;
(6) [a nonrefundable application and license fee of
$40 paid to the department;
[(7)] evidence of handgun proficiency, in the form and
manner required by the department;
(7) [(8)] an affidavit signed by the applicant stating
that the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; and
(8) [(9)] a form executed by the applicant that
authorizes the director to make an inquiry into any noncriminal
history records that are necessary to determine the applicant's
eligibility for a license under Section 411.172(a).
SECTION 18. Section 411.177, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) For the purpose of reciprocity with other states, the
department shall issue a license under this subchapter to each
applicant who meets all the eligibility requirements and submits
all the application materials, regardless of whether the applicant
may legally carry a handgun without a license in this state under
Chapter 46, Penal Code, or other state law.
SECTION 19. Section 411.179, Government Code, is amended by
amending Subsections (c) and (e) and adding Subsection (f) to read
as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of the attorney general or a judge,
justice, United States attorney, assistant United States attorney,
assistant attorney general, prosecuting attorney, or assistant
prosecuting attorney, as described by Section 46.15(a)(4), (6),
[or] (7), or (11), Penal Code, to indicate on the license the
license holder's status as a qualified handgun instructor or as the
attorney general or a judge, justice, United States attorney,
assistant United States attorney, assistant attorney general,
prosecuting [district] attorney, or assistant prosecuting
[criminal district] attorney[, or county attorney]. In
establishing the procedure, the department shall require
sufficient documentary evidence to establish the license holder's
status under this subsection.
(e) [In this subsection, "veteran" has the meaning assigned
by Section 411.1951.] The department shall include the designation
"VETERAN" on the face of any original, duplicate, modified, or
renewed license under this subchapter or on the reverse side of the
license, as determined by the department, if the license is issued
to a veteran who:
(1) requests the designation; and
(2) provides proof sufficient to the department of the
veteran's military service and honorable discharge.
(f) For purposes of Subsection (e), "veteran" means a person
who:
(1) has served in:
(A) the army, navy, air force, coast guard, or
marine corps of the United States;
(B) the Texas military forces as defined by
Section 437.001; or
(C) an auxiliary service of one of those branches
of the armed forces; and
(2) has been honorably discharged from the branch of
the service in which the person served.
SECTION 20. Section 411.181(h), Government Code, is amended
to read as follows:
(h) If a license holder is required under this section to
apply for a duplicate license and the license expires not later than
the 60th day after the date of the loss, theft, or destruction of
the license, the applicant may renew the license with the modified
information included on the new license. [The applicant must pay
only the nonrefundable renewal fee.]
SECTION 21. Section 411.185, Government Code, is amended by
amending Subsection (a) and adding Subsection (h) to read as
follows:
(a) To renew a license, a license holder must, on or before
the date the license expires, submit to the department by mail or,
in accordance with the procedure adopted under Subsection (f), on
the Internet:
(1) a renewal application on a form provided by the
department;
[(2) payment of a nonrefundable renewal fee of $40;]
and
(2) [(3)] the informational form described by
Subsection (c) signed or electronically acknowledged by the
applicant.
(h) For the purpose of reciprocity with other states, the
department shall renew the license of each license holder who meets
all the eligibility requirements to continue to hold a license and
who submits all the renewal materials described by Subsection (a),
regardless of whether the license holder may legally carry a
handgun without a license in this state under Chapter 46, Penal
Code, or other state law.
SECTION 22. Sections 411.186(a) and (c), Government Code,
are amended to read as follows:
(a) The department shall revoke a license under this section
if the license holder:
(1) was not entitled to the license at the time it was
issued;
(2) made a material misrepresentation or failed to
disclose a material fact in an application submitted under this
subchapter;
(3) subsequently becomes ineligible for a license
under Section 411.172, unless the sole basis for the ineligibility
is that the license holder is charged with the commission of a Class
A or Class B misdemeanor or equivalent offense, or of an offense
under Section 42.01, Penal Code, or equivalent offense, or of a
felony under an information or indictment;
(4) is convicted of an offense under Section 46.035,
Penal Code; or
(5) is determined by the department to have engaged in
conduct constituting a reason to suspend a license listed in
Section 411.187(a) after the person's license has been previously
suspended twice for the same reason[; or
[(6) submits an application fee that is dishonored or
reversed if the applicant fails to submit a cashier's check or money
order made payable to the "Department of Public Safety of the State
of Texas" in the amount of the dishonored or reversed fee, plus $25,
within 30 days of being notified by the department that the fee was
dishonored or reversed].
(c) A license holder whose license is revoked for a reason
listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a
new applicant for the issuance of a license under this subchapter
after the second anniversary of the date of the revocation if the
cause for revocation does not exist on the date of the second
anniversary. If the cause for revocation exists on the date of the
second anniversary after the date of revocation, the license holder
may not apply for a new license until the cause for revocation no
longer exists and has not existed for a period of two years.
SECTION 23. Section 411.190(c), Government Code, is amended
to read as follows:
(c) In the manner applicable to a person who applies for a
license to carry a handgun, the department shall conduct a
background check of a person who applies for certification as a
qualified handgun instructor or approved online course provider.
If the background check indicates that the applicant for
certification would not qualify to receive a handgun license, the
department may not certify the applicant as a qualified handgun
instructor or approved online course provider. If the background
check indicates that the applicant for certification would qualify
to receive a handgun license, the department shall provide handgun
instructor or online course provider training to the applicant.
The applicant shall pay a fee of $100 to the department for the
training. The applicant must take and successfully complete the
training offered by the department and pay the training fee before
the department may certify the applicant as a qualified handgun
instructor or approved online course provider. The department
shall issue a license to carry a handgun under [the authority of]
this subchapter to any person who is certified as a qualified
handgun instructor or approved online course provider [and who pays
to the department a fee of $40 in addition to the training fee]. The
department by rule may prorate or waive the training fee for an
employee of another governmental entity.
SECTION 24. Section 411.200, Government Code, is amended to
read as follows:
Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
This subchapter does not exempt a license holder who is also
employed as a security officer and licensed under Chapter 1702,
Occupations Code, from the duty to comply with Chapter 1702,
Occupations Code, or from the duty to refrain from committing a
firearms offense under Chapter 46 [Section 46.02], Penal Code.
SECTION 25. Sections 411.201(c), (d), (e), and (h),
Government Code, are amended to read as follows:
(c) An active judicial officer is eligible for a license to
carry a handgun under [the authority of] this subchapter. A retired
judicial officer is eligible for a license to carry a handgun under
[the authority of] this subchapter if the officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense;
(3) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense or of a felony under an
information or indictment;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(d) An applicant for a license who is an active or retired
judicial officer must submit to the department:
(1) a completed application, including all required
affidavits, on a form prescribed by the department;
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) two complete sets of legible and classifiable
fingerprints of the applicant, including one set taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints;
(4) evidence of handgun proficiency, in the form and
manner required by the department for an applicant under this
section;
[(5) a nonrefundable application and license fee of
$25;] and
(5) [(6)] if the applicant is a retired judicial
officer, a form executed by the applicant that authorizes the
department to make an inquiry into any noncriminal history records
that are necessary to determine the applicant's eligibility for a
license under this subchapter.
(e) On receipt of all the application materials required by
this section, the department shall:
(1) if the applicant is an active judicial officer,
issue a license to carry a handgun under [the authority of] this
subchapter; or
(2) if the applicant is a retired judicial officer,
conduct an appropriate background investigation to determine the
applicant's eligibility for the license and, if the applicant is
eligible, issue a license to carry a handgun under [the authority
of] this subchapter.
(h) The department shall issue a license to carry a handgun
under [the authority of] this subchapter to a United States
attorney or an assistant United States attorney, or to an attorney
elected or employed to represent the state in the prosecution of
felony cases, who meets the requirements of this section for an
active judicial officer. [The department shall waive any fee
required for the issuance of an original, duplicate, or renewed
license under this subchapter for an applicant who is a United
States attorney or an assistant United States attorney or who is an
attorney elected or employed to represent the state in the
prosecution of felony cases.]
SECTION 26. Section 411.203, Government Code, is amended to
read as follows:
Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
does not prevent or otherwise limit the right of a public or private
employer to prohibit persons who are licensed under this subchapter
or not otherwise prohibited by state or federal law from possessing
a firearm from carrying a handgun or other firearm on the premises
of the business.
(b) In this section, "premises" has the meaning assigned by
Section 46.035(f) [46.035(f)(3)], Penal Code.
SECTION 27. Section 411.204(c), Government Code, is amended
to read as follows:
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person, regardless of whether the person is licensed under this
subchapter, to carry a handgun on the premises. The sign must
appear in contrasting colors with block letters at least one inch in
height and must include on its face the number "51" printed in solid
red at least five inches in height. The sign shall be displayed in a
conspicuous manner clearly visible to the public.
SECTION 28. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND
HANDGUN LICENSE. If a person [license holder] is carrying a handgun
[on or about the license holder's person] when a magistrate or a
peace officer demands that the person [license holder] display
identification, the person [license holder] shall display [both]
the person's [license holder's] driver's license or identification
certificate issued by the department or other proof of identity. If
the person is a license holder under this subchapter and is carrying
the person's handgun license, the person also shall display [and]
the person's [license holder's] handgun license.
SECTION 29. The heading to Section 411.206, Government
Code, is amended to read as follows:
Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
SECTION 30. Sections 411.206(a) and (c), Government Code,
are amended to read as follows:
(a) If a peace officer arrests and takes into custody a
person [license holder] who is carrying a handgun [under the
authority of this subchapter], the officer shall seize the person's
[license holder's] handgun. The peace officer also shall seize the
person's handgun [and] license as evidence if the person holds a
handgun license under this subchapter and is carrying the license
at the time of the arrest.
(c) Any judgment of conviction entered by any court for an
offense under Section 46.035, Penal Code, must contain the handgun
license number of the convicted person, if the person is a handgun
license holder. A certified copy of the judgment is conclusive and
sufficient evidence to justify revocation of a license under
Section 411.186(a)(4).
SECTION 31. Sections 411.207(a), (b), and (c), Government
Code, are amended to read as follows:
(a) A peace officer who is acting in the lawful discharge of
the officer's official duties may disarm a person, including a
license holder, who is carrying a handgun at any time the officer
reasonably believes it is necessary for the protection of the
person [license holder], officer, or another individual. The peace
officer shall return the handgun to the person [license holder]
before discharging the person [license holder] from the scene if
the officer determines that the person:
(1) [license holder] is not a threat to the officer,
the person [license holder], or another individual;
(2) [and if the license holder] has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the person; and
(3) is not prohibited from possessing a firearm
[license holder].
(b) A peace officer who is acting in the lawful discharge of
the officer's official duties may [temporarily] disarm a person
only temporarily, regardless of whether the person is a license
holder, when the person [a license holder] enters a nonpublic,
secure portion of a law enforcement facility. The[, if the] law
enforcement agency shall provide [provides] a gun locker where the
peace officer can secure the person's [license holder's] handgun.
The peace officer shall secure the handgun in the locker and shall
return the handgun to the person [license holder] immediately after
the person [license holder] leaves the nonpublic, secure portion of
the law enforcement facility.
(c) A law enforcement facility shall prominently display at
each entrance to a nonpublic, secure portion of the facility a sign
that gives notice in both English and Spanish that, under this
section, a peace officer may temporarily disarm a person,
regardless of whether the person is a license holder, when the
person [license holder] enters the nonpublic, secure portion of the
facility. The sign must appear in contrasting colors with block
letters at least one inch in height. The sign shall be displayed in
a clearly visible and conspicuous manner.
SECTION 32. Section 12.092(b), Health and Safety Code, is
amended to read as follows:
(b) The medical advisory board shall assist the Department
of Public Safety of the State of Texas in determining whether:
(1) an applicant for a driver's license or a license
holder is capable of safely operating a motor vehicle; or
(2) an applicant for or holder of a license to carry a
handgun under [the authority of] Subchapter H, Chapter 411,
Government Code, or an applicant for or holder of a commission as a
security officer under Chapter 1702, Occupations Code, is capable
of exercising sound judgment with respect to the proper use and
storage of a handgun.
SECTION 33. The heading to Section 552.002, Health and
Safety Code, is amended to read as follows:
Sec. 552.002. CARRYING OF HANDGUN [BY LICENSE HOLDER] IN
STATE HOSPITAL.
SECTION 34. Sections 552.002(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) In this section:
(1) ["License holder" has the meaning assigned by
Section 46.035(f), Penal Code.
[(2)] "State hospital" means the following
facilities:
(A) the Austin State Hospital;
(B) the Big Spring State Hospital;
(C) the El Paso Psychiatric Center;
(D) the Kerrville State Hospital;
(E) the North Texas State Hospital;
(F) the Rio Grande State Center;
(G) the Rusk State Hospital;
(H) the San Antonio State Hospital;
(I) the Terrell State Hospital; and
(J) the Waco Center for Youth.
(2) [(3)] "Written notice" means a sign that is posted
on property and that:
(A) includes in both English and Spanish written
language identical to the following: "Pursuant to Section 552.002,
Health and Safety Code (carrying of handgun [by license holder] in
state hospital), a person [licensed under Subchapter H, Chapter
411, Government Code (handgun licensing law),] may not enter this
property with a handgun";
(B) appears in contrasting colors with block
letters at least one inch in height; and
(C) is displayed in a conspicuous manner clearly
visible to the public at each entrance to the property.
(b) A state hospital may prohibit a person [license holder]
from carrying a handgun [under the authority of Subchapter H,
Chapter 411, Government Code,] on the property of the hospital by
providing written notice.
(c) A person [license holder] who carries a handgun [under
the authority of Subchapter H, Chapter 411, Government Code,] on
the property of a state hospital at which written notice is provided
is liable for a civil penalty in the amount of:
(1) $100 for the first violation; or
(2) $500 for the second or subsequent violation.
SECTION 35. Section 52.061, Labor Code, is amended to read
as follows:
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
may not prohibit an employee who is not otherwise prohibited by
state or federal law from possessing [holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, who
otherwise lawfully possesses] a firearm[,] or [who lawfully
possesses] ammunition from transporting or storing a firearm or
ammunition [the employee is authorized by law to possess] in a
locked, privately owned motor vehicle in a parking lot, parking
garage, or other parking area the employer provides for employees.
SECTION 36. Section 52.062(a), Labor Code, is amended to
read as follows:
(a) Section 52.061 does not:
(1) authorize a person who is not otherwise prohibited
by state or federal law from possessing [holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, who
otherwise lawfully possesses] a firearm[,] or [who lawfully
possesses] ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D) a private school, as defined by Section
22.081, Education Code;
(E) property owned or controlled by a person,
other than the employer, that is subject to a valid, unexpired oil,
gas, or other mineral lease that contains a provision prohibiting
the possession of firearms on the property; or
(F) property owned or leased by a chemical
manufacturer or oil and gas refiner with an air authorization under
Chapter 382, Health and Safety Code, and on which the primary
business conducted is the manufacture, use, storage, or
transportation of hazardous, combustible, or explosive materials,
except in regard to an employee who is not otherwise prohibited by
state or federal law from possessing a firearm or ammunition [holds
a license to carry a handgun under Subchapter H, Chapter 411,
Government Code,] and [who] stores the [a] firearm or ammunition
[the employee is authorized by law to possess] in a locked,
privately owned motor vehicle in a parking lot, parking garage, or
other parking area the employer provides for employees that is
outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly
monitored by security personnel.
SECTION 37. Section 118.011(b), Local Government Code, is
amended to read as follows:
(b) The county clerk may set and collect the following fee
from any person:
(1) Returned Check (Sec. 118.0215) . . . . . . not less
than $15 or more than $30
(2) Records Management and Preservation Fee (Sec.
118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $10
(3) [Mental Health Background Check for License to
Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
[(4)] Marriage License for Out-of-State Applicants
(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
SECTION 38. Section 191.010(a), Local Government Code, is
amended to read as follows:
(a) In this section, "photo identification" means one of the
following forms of photo identification:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by any state or territory of the United States that has not expired
or that expired no earlier than 60 days before the date of
presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States Permanent Resident Card that has
not expired or that expired no earlier than 60 days before the date
of presentation;
(5) an identification card issued by a municipality
intended to serve as a general identification card for the holder
that has not expired or that expired no earlier than 60 days before
the date of presentation;
(6) a federally recognized tribal enrollment card or
other form of tribal identification that has not expired or that
expired no earlier than 60 days before the date of presentation;
(7) a United States passport or a passport issued by a
foreign government recognized by the United States issued to the
person that has not expired or that expired no earlier than 60 days
before the date of presentation; or
(8) a license to carry a [concealed] handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation.
SECTION 39. Section 229.001(b), Local Government Code, is
amended to read as follows:
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) except as provided by Subsection (b-1), adopt or
enforce a generally applicable zoning ordinance, land use
regulation, fire code, or business ordinance;
(4) regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of an air gun or [a] firearm,
[or air gun by a person] other than a [person licensed to carry a]
handgun carried by a person not otherwise prohibited by state or
federal law from possessing a firearm [under Subchapter H, Chapter
411, Government Code], at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event;
(7) regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, in accordance with Section 411.209, Government
Code;
(8) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption;
(9) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner; or
(10) except as provided by Subsection (d-1), regulate
or prohibit an employee's carrying or possession of a firearm,
firearm accessory, or ammunition in the course of the employee's
official duties.
SECTION 40. Section 1702.002(21), Occupations Code, is
amended to read as follows:
(21) "Security officer commission" means an
authorization issued by the department that entitles a security
officer to carry a firearm as described by this chapter.
SECTION 41. Section 1702.169, Occupations Code, is amended
to read as follows:
Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned
security officer other than a person acting as a personal
protection officer may not carry a firearm while [unless:
[(1) the security officer is:
[(A)] engaged in the performance of duties as a
security officer unless:
(1) [; or
[(B) traveling to or from the place of
assignment;
[(2)] the security officer wears a distinctive uniform
indicating that the individual is a security officer; and
(2) [(3)] the firearm is in plain view.
SECTION 42. Section 1702.206(a), Occupations Code, is
amended to read as follows:
(a) An individual acting as and performing the duties of a
personal protection officer may not carry a firearm unless the
officer:
(1) is [either:
[(A)] engaged in the exclusive performance of the
officer's duties as a personal protection officer for the employer
under whom the officer's personal protection officer license is
issued; [or
[(B) traveling to or from the officer's place of
assignment;] and
(2) carries the officer's security officer commission
and personal protection officer license on the officer's person
while performing the officer's duties [or traveling] as described
by Subdivision (1) and presents the commission and license on
request.
SECTION 43. Sections 62.082(d) and (e), Parks and Wildlife
Code, are amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of
Criminal Procedure; or
(4) a person who:
(A) is carrying [possesses] a handgun [and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a handgun]; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun [the person is licensed to carry under Subchapter
H, Chapter 411, Government Code].
(e) A state agency, including the department, the
Department of Public Safety, and the Lower Colorado River
Authority, may not adopt a rule that prohibits a person who is not
otherwise prohibited by state or federal law from possessing a
firearm [possesses a license issued under Subchapter H, Chapter
411, Government Code,] from entering or crossing the land of the
Lower Colorado River Authority while:
(1) carrying [possessing] a handgun; or
(2) under circumstances in which the person would be
justified in the use of deadly force under Chapter 9, Penal Code,
shooting a handgun.
SECTION 44. Section 284.001(e), Parks and Wildlife Code, is
amended to read as follows:
(e) This section does not limit a person's [the] ability [of
a license holder] to carry a handgun [under the authority of
Subchapter H, Chapter 411, Government Code].
SECTION 45. Section 287.001(e), Parks and Wildlife Code, is
amended to read as follows:
(e) This section does not limit a person's [the] ability [of
a license holder] to carry a [concealed] handgun [under the
authority of Subchapter H, Chapter 411, Government Code].
SECTION 46. Section 9.31(b), Penal Code, is amended to read
as follows:
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows
is being made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the arrest or
search is unlawful, unless the resistance is justified under
Subsection (c);
(3) if the actor consented to the exact force used or
attempted by the other;
(4) if the actor provoked the other's use or attempted
use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly
communicates to the other his intent to do so reasonably believing
he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts
to use unlawful force against the actor; or
(5) if the actor sought an explanation from or
discussion with the other person concerning the actor's differences
with the other person while the actor was:
(A) carrying a weapon in violation of Section
46.02 or a firearm in violation of Section 46.03 or 46.035; or
(B) possessing or transporting a weapon in
violation of Section 46.05.
SECTION 47. Section 30.05(f), Penal Code, is amended to
read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a [shoulder or belt] holster.
SECTION 48. Section 30.07(f), Penal Code, is amended to
read as follows:
(f) It is not a defense to prosecution under this section
that the handgun was carried in a [shoulder or belt] holster.
SECTION 49. Chapter 37, Penal Code, is amended by adding
Section 37.102 to read as follows:
Sec. 37.102. SUBMITTING FALSE INFORMATION IN CONNECTION
WITH FIREARM TRANSFER. (a) A person commits an offense if the
person:
(1) is prohibited from possessing a firearm under
state or federal law; and
(2) knowingly makes a materially false statement on a
form that is required by state or federal law for the purchase,
sale, or other transfer of a firearm and submitted to a licensed
firearms dealer under 18 U.S.C. Section 923.
(b) An offense under this section is a felony of the third
degree.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 50. The following provisions are repealed:
(1) Section 11.041, Alcoholic Beverage Code;
(2) Section 11.61(e), Alcoholic Beverage Code;
(3) Section 61.11, Alcoholic Beverage Code;
(4) Section 61.71(f), Alcoholic Beverage Code;
(5) Sections 411.181(d) and (i), Government Code;
(6) Section 411.186(d), Government Code;
(7) Sections 411.194, 411.195, 411.1951, 411.1953,
and 411.1954, Government Code;
(8) Section 411.199(d), Government Code;
(9) Section 411.1991(c), Government Code;
(10) Section 411.1992(d), Government Code;
(11) Section 411.1993(e), Government Code;
(12) Section 411.1994(d), Government Code;
(13) Section 411.204(d), Government Code;
(14) Section 118.0217, Local Government Code;
(15) Section 46.02(c), Penal Code;
(16) Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007; and
(17) Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
Session, 2007.
SECTION 51. The changes in law made by this Act relating to
the fees for an original, duplicate, modified, or renewed license
to carry a handgun under Subchapter H, Chapter 411, Government
Code, as amended by this Act, apply only to an applicant for an
original, duplicate, modified, or renewed license to carry a
handgun under that subchapter who submits the application on or
after the effective date of this Act.
SECTION 52. The change in law made by this Act relating to
the carrying of a handgun applies to the carrying of a handgun on or
after the effective date of this Act by any person not otherwise
prohibited by state or federal law from possessing a firearm.
SECTION 53. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 54. This Act takes effect September 1, 2021.