| 1 | 1 | | 89R10543 JSC-F |
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| 2 | 2 | | By: Cain H.B. No. 4818 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of an enhanced license designation for a |
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| 10 | 10 | | license to carry a handgun and the locations in which the holder of |
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| 11 | 11 | | that enhanced license may carry a handgun. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 411.171, Government Code, is amended by |
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| 14 | 14 | | adding Subdivision (8) to read as follows: |
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| 15 | 15 | | (8) "Enhanced license" means a license to carry a |
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| 16 | 16 | | handgun that bears an enhanced license designation under Section |
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| 17 | 17 | | 411.1845. |
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| 18 | 18 | | SECTION 2. Section 411.174, Government Code, is amended by |
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| 19 | 19 | | adding Subsection (b-2) to read as follows: |
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| 20 | 20 | | (b-2) The application must provide space for the applicant |
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| 21 | 21 | | to: |
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| 22 | 22 | | (1) request an enhanced license designation described |
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| 23 | 23 | | by Section 411.1845; and |
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| 24 | 24 | | (2) include sufficient proof of the applicant's |
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| 25 | 25 | | satisfaction of the requirements of Section 411.1845, including |
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| 26 | 26 | | the applicant's successful completion of: |
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| 27 | 27 | | (A) the training course under Section |
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| 28 | 28 | | 411.1845(c); and |
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| 29 | 29 | | (B) the demonstration of handgun proficiency |
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| 30 | 30 | | under Section 411.1845(d), not earlier than the 180th day before |
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| 31 | 31 | | the date of the application. |
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| 32 | 32 | | SECTION 3. Section 411.179, Government Code, is amended by |
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| 33 | 33 | | amending Subsection (a) and adding Subsection (e-1) to read as |
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| 34 | 34 | | follows: |
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| 35 | 35 | | (a) The department by rule shall adopt the form of the |
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| 36 | 36 | | license. A license must include: |
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| 37 | 37 | | (1) a number assigned to the license holder by the |
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| 38 | 38 | | department; |
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| 39 | 39 | | (2) a statement of the period for which the license is |
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| 40 | 40 | | effective; |
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| 41 | 41 | | (3) a photograph of the license holder; |
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| 42 | 42 | | (4) the license holder's full name, date of birth, hair |
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| 43 | 43 | | and eye color, height, weight, and signature; |
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| 44 | 44 | | (5) the license holder's residence address or, as |
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| 45 | 45 | | provided by Subsection (d), the street address of the courthouse in |
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| 46 | 46 | | which the license holder or license holder's spouse or parent |
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| 47 | 47 | | serves as a federal judge or the license holder serves as a state |
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| 48 | 48 | | judge; |
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| 49 | 49 | | (6) the number of a driver's license or an |
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| 50 | 50 | | identification certificate issued to the license holder by the |
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| 51 | 51 | | department; |
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| 52 | 52 | | (7) the designation "VETERAN" if required under |
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| 53 | 53 | | Subsection (e); |
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| 54 | 54 | | (8) any at-risk designation for which the license |
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| 55 | 55 | | holder has established eligibility under Section 411.184; [and] |
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| 56 | 56 | | (9) if applicable, a protective order designation |
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| 57 | 57 | | under Section 411.1735; and |
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| 58 | 58 | | (10) the designation "ENHANCED" if required under |
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| 59 | 59 | | Subsection (e-1). |
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| 60 | 60 | | (e-1) The department shall include the designation |
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| 61 | 61 | | "ENHANCED" on the face of any license under this subchapter if the |
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| 62 | 62 | | license is issued to an applicant who: |
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| 63 | 63 | | (1) requests the designation; and |
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| 64 | 64 | | (2) includes sufficient proof of the applicant's |
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| 65 | 65 | | satisfaction of the requirements of Section 411.1845, including the |
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| 66 | 66 | | applicant's successful completion of: |
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| 67 | 67 | | (A) the training course under Section |
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| 68 | 68 | | 411.1845(c); and |
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| 69 | 69 | | (B) the demonstration of handgun proficiency |
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| 70 | 70 | | under Section 411.1845(d), not earlier than the 180th day before |
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| 71 | 71 | | the date of the application. |
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| 72 | 72 | | SECTION 4. Subchapter H, Chapter 411, Government Code, is |
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| 73 | 73 | | amended by adding Section 411.1845 to read as follows: |
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| 74 | 74 | | Sec. 411.1845. ENHANCED LICENSE DESIGNATION; TRAINING |
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| 75 | 75 | | COURSE. (a) In this section: |
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| 76 | 76 | | (1) "Commissioned security officer" has the meaning |
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| 77 | 77 | | assigned by Section 1702.002, Occupations Code. |
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| 78 | 78 | | (2) "Open-enrollment charter school" means a school |
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| 79 | 79 | | that has been granted a charter under Subchapter D, Chapter 12, |
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| 80 | 80 | | Education Code. |
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| 81 | 81 | | (3) "Peace officer" has the meaning assigned by |
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| 82 | 82 | | Article 2A.001, Code of Criminal Procedure. |
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| 83 | 83 | | (4) "Public security officer" has the meaning assigned |
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| 84 | 84 | | by Section 1701.001, Occupations Code. |
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| 85 | 85 | | (5) "School district" means any public school district |
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| 86 | 86 | | in this state. |
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| 87 | 87 | | (6) "School marshal" means a person appointed under |
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| 88 | 88 | | Section 37.0811, Education Code. |
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| 89 | 89 | | (7) "School resource officer" has the meaning assigned |
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| 90 | 90 | | by Section 1701.601, Occupations Code. |
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| 91 | 91 | | (b) The department shall designate a license to carry a |
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| 92 | 92 | | handgun as an enhanced license if the applicant: |
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| 93 | 93 | | (1) requests the designation; |
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| 94 | 94 | | (2) has held a license to carry a handgun issued under |
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| 95 | 95 | | this subchapter for at least four years; |
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| 96 | 96 | | (3) is at least: |
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| 97 | 97 | | (A) 25 years of age; or |
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| 98 | 98 | | (B) 22 years of age if first issued a license |
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| 99 | 99 | | under Section 411.172(g); |
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| 100 | 100 | | (4) has not been convicted of a Class A misdemeanor or |
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| 101 | 101 | | equivalent offense; |
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| 102 | 102 | | (5) has not, in the 15-year period preceding the date |
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| 103 | 103 | | of application, been convicted of a Class B misdemeanor or |
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| 104 | 104 | | equivalent offense or of an offense under Section 42.01, Penal |
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| 105 | 105 | | Code, or equivalent offense; |
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| 106 | 106 | | (6) has not, in the 20-year period preceding the date |
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| 107 | 107 | | of application, had a license revoked under Section 411.186(a)(3); |
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| 108 | 108 | | (7) has not received: |
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| 109 | 109 | | (A) involuntary psychiatric hospitalization; |
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| 110 | 110 | | (B) psychiatric hospitalization in the 20-year |
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| 111 | 111 | | period preceding the date of application; |
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| 112 | 112 | | (C) inpatient or residential substance abuse |
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| 113 | 113 | | treatment in the 20-year period preceding the date of application; |
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| 114 | 114 | | or |
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| 115 | 115 | | (D) a diagnosis, in the 20-year period preceding |
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| 116 | 116 | | the date of application, by a licensed physician that the person is |
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| 117 | 117 | | dependent on alcohol, a controlled substance, or a similar |
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| 118 | 118 | | substance; |
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| 119 | 119 | | (8) has not received a diagnosis at any time by a |
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| 120 | 120 | | licensed physician that the person suffers or has suffered from a |
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| 121 | 121 | | psychiatric disorder or condition consisting of or relating to any |
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| 122 | 122 | | condition listed in Section 411.172(e)(5); and |
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| 123 | 123 | | (9) has successfully completed the training course |
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| 124 | 124 | | described by Subsection (c) and the demonstration of handgun |
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| 125 | 125 | | proficiency under Subsection (d). |
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| 126 | 126 | | (c) The director by rule shall establish minimum standards |
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| 127 | 127 | | for a training course that a license holder may complete to receive |
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| 128 | 128 | | an enhanced license designation under this section. The training |
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| 129 | 129 | | course must: |
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| 130 | 130 | | (1) be administered by a qualified handgun instructor; |
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| 131 | 131 | | (2) include not less than 32 hours and not more than 48 |
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| 132 | 132 | | hours of instruction; |
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| 133 | 133 | | (3) provide classroom training in: |
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| 134 | 134 | | (A) de-escalation techniques; |
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| 135 | 135 | | (B) self-defense; |
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| 136 | 136 | | (C) discerning between self-defense scenarios |
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| 137 | 137 | | and interdiction scenarios; |
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| 138 | 138 | | (D) the dangers and potential legal consequences |
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| 139 | 139 | | of attempting to interdict a crime that does not pose a threat to |
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| 140 | 140 | | the license holder; |
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| 141 | 141 | | (E) tactical thinking relating to cover for and |
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| 142 | 142 | | concealment of the license holder; |
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| 143 | 143 | | (F) the principles of tactical movement; |
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| 144 | 144 | | (G) methods to conceal a handgun and methods to |
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| 145 | 145 | | ensure the secure carrying of a concealed handgun; |
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| 146 | 146 | | (H) the laws pertaining to where and when a |
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| 147 | 147 | | holder of an enhanced license may not carry a handgun in this state; |
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| 148 | 148 | | and |
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| 149 | 149 | | (I) the consequences of improper use of a |
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| 150 | 150 | | handgun; and |
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| 151 | 151 | | (4) provide at least 20 hours of in-person field |
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| 152 | 152 | | instruction, including at least 16 hours on a live-fire shooting |
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| 153 | 153 | | range, in the use of handguns, including: |
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| 154 | 154 | | (A) instinctive or reactive shooting; |
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| 155 | 155 | | (B) discerning between "shoot" and "don't shoot" |
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| 156 | 156 | | scenarios; |
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| 157 | 157 | | (C) tactical shooting; |
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| 158 | 158 | | (D) shooting while moving; |
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| 159 | 159 | | (E) shooting in low-light conditions; |
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| 160 | 160 | | (F) tactical movement through doorways and |
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| 161 | 161 | | hallways where an assailant may be present; and |
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| 162 | 162 | | (G) tactical movement into and out of rooms where |
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| 163 | 163 | | an assailant may be present. |
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| 164 | 164 | | (d) To receive an enhanced license, a license holder must |
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| 165 | 165 | | complete a physical demonstration of proficiency in the use of one |
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| 166 | 166 | | or more handguns and in handgun safety procedures as provided by |
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| 167 | 167 | | Section 411.188(d)(2), to be administered by a qualified handgun |
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| 168 | 168 | | instructor. The physical demonstration of proficiency described by |
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| 169 | 169 | | this subsection must be completed not earlier than the 180th day |
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| 170 | 170 | | before the date of application. |
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| 171 | 171 | | (e) The department shall issue a renewal license without the |
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| 172 | 172 | | enhanced license designation unless the application for renewal |
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| 173 | 173 | | includes proof that the applicant has successfully repeated the |
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| 174 | 174 | | demonstration of handgun proficiency described by Subsection (d) |
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| 175 | 175 | | under the supervision of a qualified handgun instructor not earlier |
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| 176 | 176 | | than the 180th day before the date the application for the renewal |
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| 177 | 177 | | of the enhanced license is submitted. |
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| 178 | 178 | | (f) An applicant for an enhanced license is responsible for |
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| 179 | 179 | | paying to the course provider the costs incurred by the provider in |
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| 180 | 180 | | administering the training course and handgun proficiency |
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| 181 | 181 | | demonstration under this section. |
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| 182 | 182 | | (g) The training course under Subsection (c) and the handgun |
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| 183 | 183 | | proficiency demonstration under Subsection (d) may be administered |
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| 184 | 184 | | in any state, district, or territory of the United States, provided |
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| 185 | 185 | | that it is administered by a person certified by a governmental |
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| 186 | 186 | | entity to provide instruction in the use of handguns. |
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| 187 | 187 | | (h) Except as otherwise provided by this section, a |
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| 188 | 188 | | governmental entity that employs or otherwise supervises a holder |
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| 189 | 189 | | of an enhanced license may not adopt a rule or regulation that |
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| 190 | 190 | | prohibits the license holder from carrying a concealed, holstered |
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| 191 | 191 | | handgun while fulfilling the license holder's official duties. |
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| 192 | 192 | | (i) A school district or an open-enrollment charter school |
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| 193 | 193 | | may prohibit an employee who holds an enhanced license from |
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| 194 | 194 | | carrying a handgun while fulfilling the license holder's duties as |
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| 195 | 195 | | an employee of the school district or charter school only if: |
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| 196 | 196 | | (1) the employee is performing duties in a school |
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| 197 | 197 | | building that is consistently staffed during classroom hours with |
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| 198 | 198 | | at least one school resource officer or school marshal who is armed |
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| 199 | 199 | | with a functional semiautomatic firearm loaded with at least seven |
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| 200 | 200 | | rounds of ammunition; or |
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| 201 | 201 | | (2) the employee is performing duties on a school |
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| 202 | 202 | | campus that is consistently staffed during classroom hours with at |
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| 203 | 203 | | least two school resource officers or school marshals each of whom |
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| 204 | 204 | | is armed with a functional semiautomatic firearm loaded with at |
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| 205 | 205 | | least seven rounds of ammunition. |
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| 206 | 206 | | (j) A governmental entity may prohibit an employee who holds |
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| 207 | 207 | | an enhanced license from carrying a handgun within an area in which: |
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| 208 | 208 | | (1) each accessible point of entry is controlled and |
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| 209 | 209 | | guarded by: |
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| 210 | 210 | | (A) at least one peace officer or public security |
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| 211 | 211 | | officer acting in the official discharge of the officer's duties; |
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| 212 | 212 | | or |
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| 213 | 213 | | (B) at least one commissioned security officer |
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| 214 | 214 | | acting in the official discharge of the officer's duties; |
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| 215 | 215 | | (2) each officer described by Subdivision (1) carries |
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| 216 | 216 | | on the officer's person a readily dischargeable firearm that the |
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| 217 | 217 | | officer is trained and qualified to use; |
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| 218 | 218 | | (3) each person entering the location is screened for |
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| 219 | 219 | | weapons with a metal detector or magnetometer designed for security |
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| 220 | 220 | | applications; and |
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| 221 | 221 | | (4) the belongings of each person entering the |
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| 222 | 222 | | location are screened either by: |
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| 223 | 223 | | (A) use of an x-ray machine designed for security |
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| 224 | 224 | | applications; or |
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| 225 | 225 | | (B) an exhaustive hand search. |
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| 226 | 226 | | (k) A governmental entity may prohibit an employee who holds |
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| 227 | 227 | | an enhanced license from carrying a handgun within an area that: |
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| 228 | 228 | | (1) is not open to the public; |
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| 229 | 229 | | (2) is used for medical, scientific, or engineering |
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| 230 | 230 | | purposes; and |
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| 231 | 231 | | (3) presents a specific danger due to the presence of: |
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| 232 | 232 | | (A) dangerous pathogens; |
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| 233 | 233 | | (B) powerful electromagnets; or |
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| 234 | 234 | | (C) exceptionally poisonous, corrosive, or |
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| 235 | 235 | | combustible chemicals. |
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| 236 | 236 | | (l) A governmental entity may prohibit an employee who holds |
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| 237 | 237 | | an enhanced license from carrying a handgun on premises described |
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| 238 | 238 | | by Section 46.03(a)(3), (5), (9), (10), or (12), Penal Code. |
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| 239 | 239 | | SECTION 5. Section 30.06, Penal Code, is amended by adding |
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| 240 | 240 | | Subsection (h) to read as follows: |
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| 241 | 241 | | (h) It is a defense to prosecution under this section that |
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| 242 | 242 | | the license holder carries a concealed, holstered handgun and holds |
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| 243 | 243 | | a license to carry a handgun issued by this state with an enhanced |
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| 244 | 244 | | designation under Section 411.1845, Government Code. The defense |
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| 245 | 245 | | provided under this subsection is unavailable if the license holder |
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| 246 | 246 | | was personally given notice by oral communication described by |
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| 247 | 247 | | Subsection (b) and subsequently failed to depart. |
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| 248 | 248 | | SECTION 6. Section 46.15, Penal Code, is amended by adding |
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| 249 | 249 | | Subsections (s) and (t) to read as follows: |
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| 250 | 250 | | (s) Sections 46.03(a)(1), (a)(2), (a)(4), (a)(7), (a)(8), |
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| 251 | 251 | | (a)(11), (a)(13), (a)(14), (a-3), and (a-4) do not apply to a person |
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| 252 | 252 | | who holds a license in this state to carry a handgun issued under |
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| 253 | 253 | | Subchapter H, Chapter 411, Government Code, if: |
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| 254 | 254 | | (1) the person's license to carry a handgun bears an |
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| 255 | 255 | | enhanced license designation under Section 411.1845, Government |
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| 256 | 256 | | Code; |
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| 257 | 257 | | (2) the person carries one or more handguns, each of |
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| 258 | 258 | | which is concealed and carried in a holster, and no other type of |
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| 259 | 259 | | weapon to which Section 46.03 applies; |
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| 260 | 260 | | (3) the person is not intoxicated; |
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| 261 | 261 | | (4) the person does not consume alcohol while in the |
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| 262 | 262 | | location; |
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| 263 | 263 | | (5) the location is not secured as described by |
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| 264 | 264 | | Section 411.1845(j), Government Code; and |
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| 265 | 265 | | (6) the person does not deliberately display or reveal |
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| 266 | 266 | | the presence of the handgun, except under circumstances that would |
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| 267 | 267 | | justify the use of deadly force under Section 9.32 or 9.33. |
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| 268 | 268 | | (t) The defense provided by Subsection (s) is not available |
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| 269 | 269 | | if: |
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| 270 | 270 | | (1) the portion of a premises in which firearms are |
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| 271 | 271 | | forbidden: |
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| 272 | 272 | | (A) is not open to the public; |
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| 273 | 273 | | (B) is used for medical, scientific, or |
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| 274 | 274 | | engineering purposes; and |
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| 275 | 275 | | (C) presents a specific danger due to the |
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| 276 | 276 | | presence of: |
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| 277 | 277 | | (i) dangerous pathogens; |
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| 278 | 278 | | (ii) powerful electromagnets; or |
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| 279 | 279 | | (iii) exceptionally poisonous, corrosive, |
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| 280 | 280 | | or combustible chemicals; and |
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| 281 | 281 | | (2) the license holder was personally given notice by |
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| 282 | 282 | | oral communication that firearms are prohibited in that area and |
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| 283 | 283 | | subsequently failed to depart. |
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| 284 | 284 | | SECTION 7. The public safety director of the Department of |
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| 285 | 285 | | Public Safety shall adopt the rules necessary to implement Section |
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| 286 | 286 | | 411.1845, Government Code, as added by this Act, not later than July |
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| 287 | 287 | | 1, 2026. |
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| 288 | 288 | | SECTION 8. A qualified handgun instructor may not offer the |
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| 289 | 289 | | training course described by Section 411.1845(c), Government Code, |
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| 290 | 290 | | as added by this Act, or administer a handgun proficiency |
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| 291 | 291 | | demonstration under Section 411.1845(d), Government Code, as added |
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| 292 | 292 | | by this Act, before September 1, 2026. |
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| 293 | 293 | | SECTION 9. The changes in law made by this Act in amending |
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| 294 | 294 | | Sections 30.06 and 46.15, Penal Code, apply only to an offense |
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| 295 | 295 | | committed on or after September 1, 2026. An offense committed |
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| 296 | 296 | | before September 1, 2026, is governed by the law in effect |
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| 297 | 297 | | immediately before that date, and the former law is continued in |
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| 298 | 298 | | effect for that purpose. For purposes of this section, an offense |
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| 299 | 299 | | was committed before September 1, 2026, if any element of the |
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| 300 | 300 | | offense occurred before that date. |
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| 301 | 301 | | SECTION 10. This Act takes effect September 1, 2025. |
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