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  84R5599 JSC-D
 
  By: Estes S.B. No. 346
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a person who is licensed to carry a
  handgun to openly carry a holstered handgun; creating a criminal
  offense; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.041(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Each holder of a permit who is not otherwise required to
  display a sign under Section 411.204, Government Code, shall
  display in a prominent place on the permit holder's premises a sign
  giving notice that it is unlawful for a person to carry a weapon on
  the premises unless the weapon is a [concealed] handgun the person
  is licensed to carry under Subchapter H, Chapter 411, Government
  Code.
         SECTION 2.  Section 11.61(e), Alcoholic Beverage Code, is
  amended to read as follows:
         (e)  Except as provided by Subsection (f) or (i), the
  commission or administrator shall cancel an original or renewal
  permit if it is found, after notice and hearing, that the permittee
  knowingly allowed a person to possess a firearm in a building on the
  licensed premises.  This subsection does not apply to a person:
               (1)  who holds a security officer commission issued
  under Chapter 1702, Occupations Code, if:
                     (A)  the person is engaged in the performance of
  the person's duties as a security officer;
                     (B)  the person is wearing a distinctive uniform;
  and
                     (C)  the weapon is in plain view;
               (2)  who is a peace officer;
               (3)  who is a permittee or an employee of a permittee if
  the person is supervising the operation of the premises; or
               (4)  who possesses a [concealed] handgun the person is
  licensed to carry under Subchapter H, Chapter 411, Government Code,
  unless the person is on the premises of a business described by
  Section 46.035(b)(1), Penal Code.
         SECTION 3.  Section 61.11(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Each holder of a license who is not otherwise required
  to display a sign under Section 411.204, Government Code, shall
  display in a prominent place on the license holder's premises a sign
  giving notice that it is unlawful for a person to carry a weapon on
  the premises unless the weapon is a [concealed] handgun the person
  is licensed to carry under Subchapter H, Chapter 411, Government
  Code.
         SECTION 4.  Section 61.71(f), Alcoholic Beverage Code, is
  amended to read as follows:
         (f)  Except as provided by Subsection (g) or (j), the
  commission or administrator shall cancel an original or renewal
  dealer's on-premises or off-premises license if it is found, after
  notice and hearing, that the licensee knowingly allowed a person to
  possess a firearm in a building on the licensed premises.  This
  subsection does not apply to a person:
               (1)  who holds a security officer commission issued
  under Chapter 1702, Occupations Code, if:
                     (A)  the person is engaged in the performance of
  the person's duties as a security officer;
                     (B)  the person is wearing a distinctive uniform;
  and
                     (C)  the weapon is in plain view;
               (2)  who is a peace officer;
               (3)  who is a licensee or an employee of a licensee if
  the person is supervising the operation of the premises; or
               (4)  who possesses a [concealed] handgun the person is
  licensed to carry under Subchapter H, Chapter 411, Government Code,
  unless the person is on the premises of a business described by
  Section 46.035(b)(1), Penal Code.
         SECTION 5.  Article 7A.05(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  In a protective order, the court may suspend a license
  to carry a [concealed] handgun issued under Section 411.177,
  Government Code, that is held by the alleged offender.
         SECTION 6.  Article 17.292(l), Code of Criminal Procedure,
  is amended to read as follows:
         (l)  In the order for emergency protection, the magistrate
  shall suspend a license to carry a [concealed] handgun issued under
  Subchapter H, Chapter 411, Government Code, that is held by the
  defendant.
         SECTION 7.  Article 17.293, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.293.  DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
  OTHER PERSONS. The magistrate or the clerk of the magistrate's
  court issuing an order for emergency protection under Article
  17.292 that suspends a license to carry a [concealed] handgun shall
  immediately send a copy of the order to the appropriate division of
  the Department of Public Safety at its Austin headquarters. On
  receipt of the order suspending the license, the department shall:
               (1)  record the suspension of the license in the
  records of the department;
               (2)  report the suspension to local law enforcement
  agencies, as appropriate; and
               (3)  demand surrender of the suspended license from the
  license holder.
         SECTION 8.  Sections 37.0811(d) and (f), Education Code, are
  amended to read as follows:
         (d)  Any written regulations adopted for purposes of
  Subsection (c) must provide that a school marshal may carry a
  [concealed] handgun as described by Subsection (c), except that if
  the primary duty of the school marshal involves regular, direct
  contact with students, the marshal may not carry a [concealed]
  handgun but may possess a handgun on the physical premises of a
  school in a locked and secured safe within the marshal's immediate
  reach when conducting the marshal's primary duty.  The written
  regulations must also require that a handgun carried by or within
  access of a school marshal may be loaded only with frangible
  ammunition designed to disintegrate on impact for maximum safety
  and minimal danger to others.
         (f)  A school district or charter school 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
  district or charter school; or
               (4)  notice from the board of trustees of the district
  or the governing body of the charter school that the employee's
  services as school marshal are no longer required.
         SECTION 9.  Section 63.0101, Election Code, is amended to
  read as follows:
         Sec. 63.0101.  DOCUMENTATION OF PROOF OF
  IDENTIFICATION.  The following documentation is an acceptable form
  of photo identification under this chapter:
               (1)  a driver's license, election identification
  certificate, or personal identification card 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;
               (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 passport issued to the person that
  has not expired or that expired no earlier than 60 days before the
  date of presentation; or
               (5)  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 10.  Section 2.005(b), Family Code, is amended to
  read as follows:
         (b)  The proof must be established by:
               (1)  a driver's license or identification card issued
  by this state, another state, or a Canadian province that is current
  or has expired not more than two years preceding the date the
  identification is submitted to the county clerk in connection with
  an application for a license;
               (2)  a United States passport;
               (3)  a current passport issued by a foreign country or a
  consular document issued by a state or national government;
               (4)  an unexpired Certificate of United States
  Citizenship, Certificate of Naturalization, United States Citizen
  Identification Card, Permanent Resident Card, Temporary Resident
  Card, Employment Authorization Card, or other document issued by
  the federal Department of Homeland Security or the United States
  Department of State including an identification photograph;
               (5)  an unexpired military identification card for
  active duty, reserve, or retired personnel with an identification
  photograph;
               (6)  an original or certified copy of a birth
  certificate issued by a bureau of vital statistics for a state or a
  foreign government;
               (7)  an original or certified copy of a Consular Report
  of Birth Abroad or Certificate of Birth Abroad issued by the United
  States Department of State;
               (8)  an original or certified copy of a court order
  relating to the applicant's name change or sex change;
               (9)  school records from a secondary school or
  institution of higher education;
               (10)  an insurance policy continuously valid for the
  two years preceding the date of the application for a license;
               (11)  a motor vehicle certificate of title;
               (12)  military records, including documentation of
  release or discharge from active duty or a draft record;
               (13)  an unexpired military dependent identification
  card;
               (14)  an original or certified copy of the applicant's
  marriage license or divorce decree;
               (15)  a voter registration certificate;
               (16)  a pilot's license issued by the Federal Aviation
  Administration or another authorized agency of the United States;
               (17)  a license to carry a [concealed] handgun under
  Subchapter H, Chapter 411, Government Code;
               (18)  a temporary driving permit or a temporary
  identification card issued by the Department of Public Safety; or
               (19)  an offender identification card issued by the
  Texas Department of Criminal Justice.
         SECTION 11.  Section 58.003(m), Family Code, is amended to
  read as follows:
         (m)  On request of the Department of Public Safety, a
  juvenile court shall reopen and allow the department to inspect the
  files and records of the juvenile court relating to an applicant for
  a license to carry a [concealed] handgun under Subchapter H,
  Chapter 411, Government Code.
         SECTION 12.  Section 85.022(d), Family Code, is amended to
  read as follows:
         (d)  In a protective order, the court shall suspend a license
  to carry a [concealed] handgun issued under Subchapter H, Chapter
  411, Government Code, that is held by a person found to have
  committed family violence.
         SECTION 13.  Section 85.042(e), Family Code, is amended to
  read as follows:
         (e)  The clerk of the court issuing an original or modified
  protective order under Section 85.022 that suspends a license to
  carry a [concealed] handgun shall send a copy of the order to the
  appropriate division of the Department of Public Safety at its
  Austin headquarters. On receipt of the order suspending the
  license, the department shall:
               (1)  record the suspension of the license in the
  records of the department;
               (2)  report the suspension to local law enforcement
  agencies, as appropriate; and
               (3)  demand surrender of the suspended license from the
  license holder.
         SECTION 14.  The heading to Section 411.047, Government
  Code, is amended to read as follows:
         Sec. 411.047.  REPORTING RELATED TO CERTAIN [CONCEALED]
  HANDGUN INCIDENTS INVOLVING LICENSE HOLDERS.
         SECTION 15.  Section 411.0625, Government Code, is amended
  to read as follows:
         Sec. 411.0625.  PASS FOR EXPEDITED ACCESS TO CAPITOL. (a)
  The department shall allow a person to enter the Capitol and the
  Capitol Extension, including any public space in the Capitol or
  Capitol Extension, in the same manner as the department allows
  entry to a person who presents a [concealed handgun] license to
  carry a handgun under Subchapter H if the person:
               (1)  obtains from the department a Capitol access pass;
  and
               (2)  presents the pass to the appropriate law
  enforcement official when entering the building or a space within
  the building.
         (b)  To be eligible for a Capitol access pass, a person must
  meet the eligibility requirements applicable to a license to carry
  a [concealed] handgun under Subchapter H, other than requirements
  regarding evidence of handgun proficiency.
         (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 [concealed handgun] 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 [concealed handgun] license to carry a handgun [under Section
  411.174].
         SECTION 16.  The heading to Subchapter H, Chapter 411,
  Government Code, is amended to read as follows:
  SUBCHAPTER H. LICENSE TO CARRY A [CONCEALED] HANDGUN
         SECTION 17.  Sections 411.172(a), (b-1), (g), and (h),
  Government Code, are amended to read as follows:
         (a)  A person is eligible for a license to carry a
  [concealed]  handgun if the person:
               (1)  is a legal resident of this state for the six-month
  period preceding the date of application under this subchapter or
  is otherwise eligible for a license under Section 411.173(a);
               (2)  is at least 21 years of age;
               (3)  has not been convicted of a felony;
               (4)  is not 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;
               (5)  is not a fugitive from justice for a felony or a
  Class A or Class B misdemeanor or equivalent offense;
               (6)  is not a chemically dependent person;
               (7)  is not incapable of exercising sound judgment with
  respect to the proper use and storage of a handgun;
               (8)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (9)  is fully qualified under applicable federal and
  state law to purchase a handgun;
               (10)  has not been finally determined to be delinquent
  in making a child support payment administered or collected by the
  attorney general;
               (11)  has not been finally determined to be delinquent
  in the payment of a tax or other money collected by the comptroller,
  the tax collector of a political subdivision of the state, or any
  agency or subdivision of the state;
               (12)  is not currently restricted under a court
  protective order or subject to a restraining order affecting the
  spousal relationship, other than a restraining order solely
  affecting property interests;
               (13)  has not, in the 10 years preceding the date of
  application, been adjudicated as having engaged in delinquent
  conduct violating a penal law of the grade of felony; and
               (14)  has not made any material misrepresentation, or
  failed to disclose any material fact, in an application submitted
  pursuant to Section 411.174.
         (b-1)  An offense is not considered a felony for purposes of
  Subsection (b) if, at the time of a person's application for a
  license to carry a [concealed] handgun, the offense:
               (1)  is not designated by a law of this state as a
  felony; and
               (2)  does not contain all the elements of any offense
  designated by a law of this state as a felony.
         (g)  Notwithstanding Subsection (a)(2), a person who is at
  least 18 years of age but not yet 21 years of age is eligible for a
  license to carry a [concealed] handgun if the person:
               (1)  is a member or veteran of the United States armed
  forces, including a member or veteran of the reserves or national
  guard;
               (2)  was discharged under honorable conditions, if
  discharged from the United States armed forces, reserves, or
  national guard; and
               (3)  meets the other eligibility requirements of
  Subsection (a) except for the minimum age required by federal law to
  purchase a handgun.
         (h)  The issuance of a license to carry a [concealed] handgun
  to a person eligible under Subsection (g) does not affect the
  person's ability to purchase a handgun or ammunition under federal
  law.
         SECTION 18.  Section 411.173(b), Government Code, is amended
  to read as follows:
         (b)  The governor shall negotiate an agreement with any other
  state that provides for the issuance of a license to carry a
  [concealed] handgun under which a license issued by the other state
  is recognized in this state or shall issue a proclamation that a
  license issued by the other state is recognized in this state if the
  attorney general of the State of Texas determines that a background
  check of each applicant for a license issued by that state is
  initiated by state or local authorities or an agent of the state or
  local authorities before the license is issued.  For purposes of
  this subsection, "background check" means a search of the National
  Crime Information Center database and the Interstate
  Identification Index maintained by the Federal Bureau of
  Investigation.
         SECTION 19.  Section 411.174(a), Government Code, is amended
  to read as follows:
         (a)  An applicant for a license to carry a [concealed
  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
  $140 paid to the department;
               (7)  evidence of handgun proficiency, in the form and
  manner required by the department;
               (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
               (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 20.  Section 411.177(a), Government Code, is amended
  to read as follows:
         (a)  The department shall issue a license to carry a
  [concealed] handgun to an applicant if the applicant meets all the
  eligibility requirements and submits all the application
  materials.  The department shall administer the licensing
  procedures in good faith so that any applicant who meets all the
  eligibility requirements and submits all the application materials
  shall receive a license.  The department may not deny an application
  on the basis of a capricious or arbitrary decision by the
  department.
         SECTION 21.  Section 411.185(c), Government Code, is amended
  to read as follows:
         (c)  The director by rule shall adopt an informational form
  that describes state law regarding the use of deadly force and the
  places where it is unlawful for the holder of a license issued under
  this subchapter to carry a [concealed] handgun.  An applicant for a
  renewed license must sign and return the informational form to the
  department by mail or acknowledge the form electronically on the
  Internet according to the procedure adopted under Subsection (f).
         SECTION 22.  Section 411.188(g), Government Code, is amended
  to read as follows:
         (g)  A person who wishes to obtain a license to carry a
  [concealed] handgun must apply in person to a qualified handgun
  instructor to take the appropriate course in handgun proficiency
  and demonstrate handgun proficiency as required by the department.
         SECTION 23.  Sections 411.190(c) and (f), Government Code,
  are amended to read as follows:
         (c)  In the manner applicable to a person who applies for a
  license to carry a [concealed] handgun, the department shall
  conduct a background check of a person who applies for
  certification as a qualified handgun instructor. 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. If the
  background check indicates that the applicant for certification
  would qualify to receive a handgun license, the department shall
  provide handgun instructor 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. The department shall issue a license to carry a
  [concealed] handgun under the authority of this subchapter to any
  person who is certified as a qualified handgun instructor and who
  pays to the department a fee of $100 in addition to the training
  fee. The department by rule may prorate or waive the training fee
  for an employee of another governmental entity.
         (f)  If the department determines that a reason exists to
  revoke, suspend, or deny a license to carry a [concealed] handgun
  with respect to a person who is a qualified handgun instructor or an
  applicant for certification as a qualified handgun instructor, the
  department shall take that action against the person's:
               (1)  license to carry a [concealed] handgun if the
  person is an applicant for or the holder of a license issued under
  this subchapter; and
               (2)  certification as a qualified handgun instructor.
         SECTION 24.  Section 411.1901(c), Government Code, is
  amended to read as follows:
         (c)  A qualified handgun instructor certified in school
  safety under this section may provide school safety training,
  including instruction in the subjects listed under Subsection (a),
  to employees of a school district or an open-enrollment charter
  school who hold a license to carry a [concealed] handgun issued
  under this subchapter.
         SECTION 25.  Section 411.198(a), Government Code, is amended
  to read as follows:
         (a)  On written approval of the director, the department may
  issue to a law enforcement officer an alias license to carry a
  [concealed] handgun to be used in supervised activities involving
  criminal investigations.
         SECTION 26.  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 [concealed] handgun under the authority of this subchapter.  
  A retired judicial officer is eligible for a license to carry a
  [concealed] 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 set by
  the department in an amount reasonably designed to cover the
  administrative costs associated with issuance of a license to carry
  a [concealed] handgun under this subchapter; and
               (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 [concealed] 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 [concealed] handgun under the
  authority of this subchapter.
         (h)  The department shall issue a license to carry a
  [concealed] handgun under the authority of this subchapter to an
  elected attorney representing 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 an attorney
  elected or employed to represent the state in the prosecution of
  felony cases.
         SECTION 27.  Section 411.203, Government Code, is amended to
  read as follows:
         Sec. 411.203.  RIGHTS OF EMPLOYERS.  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
  from carrying a [concealed] handgun on the premises of the
  business.  In this section, "premises" has the meaning assigned by
  Section 46.035(f)(3), Penal Code.
         SECTION 28.  Section 411.2032(b), Government Code, is
  amended to read as follows:
         (b)  An institution of higher education or private or
  independent institution of higher education in this state may not
  adopt or enforce any rule, regulation, or other provision or take
  any other action, including posting notice under Section 30.06 or
  30.07, Penal Code, prohibiting or placing restrictions on the
  storage or transportation of a firearm or ammunition in a locked,
  privately owned or leased motor vehicle by a person, including a
  student enrolled at that institution, who holds a license to carry a
  [concealed] handgun under this subchapter and lawfully possesses
  the firearm or ammunition:
               (1)  on a street or driveway located on the campus of
  the institution; or
               (2)  in a parking lot, parking garage, or other parking
  area located on the campus of the institution.
         SECTION 29.  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
  [concealed] 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 30.  Sections 52.061 and 52.062, Labor Code, are
  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 holds a license to carry a
  [concealed] 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.
         Sec. 52.062.  EXCEPTIONS. (a)  Section 52.061 does not:
               (1)  authorize a person who holds a license to carry a
  [concealed] 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 holds a license to carry a
  [concealed] handgun under Subchapter H, Chapter 411, Government
  Code, and who stores 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.
         (b)  Section 52.061 does not prohibit an employer from
  prohibiting an employee who holds a license to carry a [concealed]
  handgun under Subchapter H, Chapter 411, Government Code, or who
  otherwise lawfully possesses a firearm, from possessing a firearm
  the employee is otherwise authorized by law to possess on the
  premises of the employer's business.  In this subsection,
  "premises" has the meaning assigned by Section 46.035(f)(3), Penal
  Code.
         SECTION 31.  (a)  Section 118.011(b), Local Government Code,
  as effective until September 1, 2019, 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 [Concealed Weapon] (Sec. 118.0217)  . . . . . not
  more than $2
         (b)  This section takes effect September 1, 2015.
         SECTION 32.  (a)  Section 118.011(b), Local Government Code,
  as effective September 1, 2019, 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 $5
               (3)  Mental Health Background Check for License to
  Carry a Handgun [Concealed Weapon] (Sec. 118.0217)  . . . . . not
  more than $2
         (b)  This section takes effect September 1, 2019.
         SECTION 33.  Section 118.0217(a), Local Government Code, is
  amended to read as follows:
         (a)  The fee for a "mental health background check for
  license to carry a handgun [concealed weapon]" is for a check,
  conducted by the county clerk at the request of the Texas Department
  of Public Safety, of the county records involving the mental
  condition of a person who applies for a license to carry a
  [concealed] handgun under Subchapter H, Chapter 411, Government
  Code. The fee, not to exceed $2, will be paid from the application
  fee submitted to the Department of Public Safety according to
  Section 411.174(a)(6), Government Code.
         SECTION 34.  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)  regulate the use of property, the location of a
  business, or uses at a business under the municipality's fire code,
  zoning ordinance, or land-use regulations as long as the code,
  ordinance, or regulations are not used to circumvent the intent of
  Subsection (a) or Subdivision (5) of this subsection;
               (4)  regulate the use of firearms or air guns 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 a firearm or air gun by a
  person other than a person licensed to carry a [concealed] handgun
  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 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; or
               (8)  regulate the carrying of an air gun by a minor on:
                     (A)  public property; or
                     (B)  private property without consent of the
  property owner.
         SECTION 35.  The heading to Section 1701.260, Occupations
  Code, is amended to read as follows:
         Sec. 1701.260.  TRAINING FOR HOLDERS OF LICENSE TO CARRY A 
  [CONCEALED] HANDGUN; CERTIFICATION OF ELIGIBILITY FOR APPOINTMENT
  AS SCHOOL MARSHAL.
         SECTION 36.  Sections 1701.260(a) and (i), Occupations Code,
  are amended to read as follows:
         (a)  The commission shall establish and maintain a training
  program open to any employee of a school district or
  open-enrollment charter school who holds a license to carry a
  [concealed] handgun issued under Subchapter H, Chapter 411,
  Government Code.  The training may be conducted only by the
  commission staff or a provider approved by the commission.
         (i)  The commission shall revoke a person's school marshal
  license if the commission is notified by the Department of Public
  Safety that the person's license to carry a [concealed] handgun
  issued under Subchapter H, Chapter 411, Government Code, has been
  suspended or revoked. A person whose school marshal license is
  revoked may obtain recertification by:
               (1)  furnishing proof to the commission that the
  person's [concealed] handgun license has been reinstated; and
               (2)  completing the initial training under Subsection
  (c) to the satisfaction of the commission staff, paying the fee for
  the training, and demonstrating psychological fitness on the
  psychological examination described in Subsection (d).
         SECTION 37.  Section 1702.206(b), Occupations Code, is
  amended to read as follows:
         (b)  An individual who is acting as a personal protection
  officer and is wearing the uniform of a security officer, including
  any uniform or apparel described by Section 1702.323(d), may not
  conceal any firearm the individual is carrying and shall carry the
  firearm in plain view.  An individual who is acting as a personal
  protection officer and is not wearing the uniform of a security
  officer shall conceal the firearm, regardless of whether the
  individual is authorized to openly carry the firearm under any
  other law.
         SECTION 38.  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)  possesses a [concealed] handgun and a license
  issued under Subchapter H, Chapter 411, Government Code, to carry a
  [concealed] 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
  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)  possessing a [concealed] 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 39.  Section 284.001(e), Parks and Wildlife Code, is
  amended to read as follows:
         (e)  This section does not limit the ability of a license
  holder to carry a [concealed] handgun under the authority of
  Subchapter H, Chapter 411, Government Code.
         SECTION 40.  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 [concealed handgun and a] license issued
  under Subchapter H, Chapter 411, Government Code, to carry a
  [concealed] handgun; and
                     (B)  a handgun:
                           (i)  in a concealed manner; or
                           (ii)  in a shoulder or belt holster.
         SECTION 41.  The heading to Section 30.06, Penal Code, is
  amended to read as follows:
         Sec. 30.06.  TRESPASS BY LICENSE HOLDER WITH A [OF LICENSE TO
  CARRY] CONCEALED HANDGUN.
         SECTION 42.  Section 30.06(a), Penal Code, is amended to
  read as follows:
         (a)  A license holder commits an offense if the license
  holder:
               (1)  carries a concealed handgun under the authority of
  Subchapter H, Chapter 411, Government Code, on property of another
  without effective consent; and
               (2)  received notice that:
                     (A)  entry on the property by a license holder
  with a concealed handgun was forbidden; or
                     (B)  remaining on the property with a concealed
  handgun was forbidden and failed to depart.
         SECTION 43.  Section 30.06(c)(3), Penal Code, is amended to
  read as follows:
               (3)  "Written communication" means:
                     (A)  a card or other document on which is written
  language identical to the following: "Pursuant to Section 30.06,
  Penal Code (trespass by license holder with [of license to carry] a
  concealed handgun), a person licensed under Subchapter H, Chapter
  411, Government Code ([concealed] handgun licensing law), may not
  enter this property with a concealed handgun"; or
                     (B)  a sign posted on the property that:
                           (i)  includes the language described by
  Paragraph (A) in both English and Spanish;
                           (ii)  appears in contrasting colors with
  block letters at least one inch in height; and
                           (iii)  is displayed in a conspicuous manner
  clearly visible to the public.
         SECTION 44.  Chapter 30, Penal Code, is amended by adding
  Section 30.07 to read as follows:
         Sec. 30.07.  TRESPASS BY LICENSE HOLDER WITH AN OPENLY
  CARRIED HANDGUN. (a) A license holder commits an offense if the
  license holder:
               (1)  openly carries a handgun under the authority of
  Subchapter H, Chapter 411, Government Code, on property of another
  without effective consent; and
               (2)  received notice that:
                     (A)  entry on the property by a license holder
  openly carrying a handgun was forbidden; or
                     (B)  remaining on the property while openly
  carrying a handgun was forbidden and failed to depart.
         (b)  For purposes of this section, a person receives notice
  if the owner of the property or someone with apparent authority to
  act for the owner provides notice to the person by oral or written
  communication.
         (c)  In this section:
               (1)  "Entry" has the meaning assigned by Section
  30.05(b).
               (2)  "License holder" has the meaning assigned by
  Section 46.035(f).
               (3)  "Written communication" means:
                     (A)  a card or other document on which is written
  language identical to the following: "Pursuant to Section 30.07,
  Penal Code (trespass by license holder with an openly carried
  handgun), a person licensed under Subchapter H, Chapter 411,
  Government Code (handgun licensing law), may not enter this
  property with a handgun that is carried openly"; or
                     (B)  a sign posted on the property that:
                           (i)  includes the language described by
  Paragraph (A) in both English and Spanish;
                           (ii)  appears in contrasting colors with
  block letters at least one inch in height; and
                           (iii)  is displayed in a conspicuous manner
  clearly visible to the public at each entrance to the property.
         (d)  An offense under this section is a Class A misdemeanor.
         (e)  It is an exception to the application of this section
  that the property on which the license holder openly carries the
  handgun is owned or leased by a governmental entity and is not a
  premises or other place on which the license holder is prohibited
  from carrying the handgun under Section 46.03 or 46.035.
         (f)  It is not a defense to prosecution under this section
  that the handgun was carried in a shoulder or belt holster.
         SECTION 45.  Section 46.02(a-1), Penal Code, is amended to
  read as follows:
         (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
  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)  prohibited by law from possessing a firearm;
  or
                     (C)  a member of a criminal street gang, as
  defined by Section 71.01.
         SECTION 46.  Section 46.03(f), Penal Code, is amended to
  read as follows:
         (f)  It is not a defense to prosecution under this section
  that the actor possessed a handgun and was licensed to carry a
  [concealed] handgun under Subchapter H, Chapter 411, Government
  Code.
         SECTION 47.  Sections 46.035(a), (b), (c), (d), and (i),
  Penal Code, are amended to read as follows:
         (a)  A license holder commits an offense if the 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 license holder commits an offense if the 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 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
  home licensed under Chapter 242, Health and Safety Code, unless the
  license holder has written authorization of the hospital or nursing
  home administration, as appropriate;
               (5)  in an amusement park; or
               (6)  on the premises of a church, synagogue, or other
  established place of religious worship.
         (c)  A license holder commits an offense if the 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, at any meeting of a governmental entity.
         (d)  A license holder commits an offense if, while
  intoxicated, the license holder 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.
         (i)  Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
  if the actor was not given effective notice under Section 30.06 or
  30.07.
         SECTION 48.  Sections 46.15(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  Sections 46.02 and 46.03 do not apply to:
               (1)  peace officers or special investigators under
  Article 2.122, Code of Criminal Procedure, and 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 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 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 [concealed
  handgun under Subchapter H, Chapter 411, Government Code;
               (5)  an honorably retired peace officer, qualified
  retired law enforcement officer, federal criminal investigator, or
  former reserve law enforcement officer 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:
                     (A)  an honorably retired peace officer;
                     (B)  a qualified retired law enforcement officer;
                     (C)  a federal criminal investigator; or
                     (D)  a former reserve law enforcement officer who
  has served in that capacity not less than a total of 15 years with
  one or more state or local law enforcement agencies;
               (6)  a district attorney, criminal district attorney,
  county attorney, or municipal attorney who is licensed to carry a
  [concealed] handgun under Subchapter H, Chapter 411, Government
  Code;
               (7)  an assistant district attorney, assistant
  criminal district attorney, or assistant county attorney who is
  licensed to carry a [concealed] 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 [concealed] handgun under
  Subchapter H, Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer; or
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources 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
  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 [concealed handgun and a valid] license
  issued under Subchapter H, Chapter 411, Government Code, to carry a
  [concealed] 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.
         SECTION 49.  Section 411.171(3), Government Code, is
  repealed.
         SECTION 50.  The change in law made by this Act relating to
  the authority of a license holder to openly carry a holstered
  handgun applies to the carrying of a handgun on or after the
  effective date of this Act by any person who:
               (1)  holds a license issued under Subchapter H, Chapter
  411, Government Code, regardless of whether the person's license
  was issued before, on, or after the effective date of this Act; or
               (2)  applies for the issuance of a license under that
  subchapter, regardless of whether the person applied for the
  license before, on, or after the effective date of this Act.
         SECTION 51.  The changes in law made by this Act to Sections
  62.082 and 284.001, Parks and Wildlife Code, and to Sections 30.05,
  30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, 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 on the date 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 52.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2015.