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AN ACT
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relating to handguns used to demonstrate proficiency in handgun use |
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for purposes of obtaining a concealed handgun license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Each holder of a permit who is not otherwise required to |
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display a sign under Section 411.204, Government Code, shall |
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display in a prominent place on the permit holder's premises a sign |
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giving notice that it is unlawful for a person to carry a weapon on |
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the premises unless the weapon is a concealed handgun [of the same
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category] the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code. |
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SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f) or (i), the |
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commission or administrator shall cancel an original or renewal |
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permit if it is found, after notice and hearing, that the permittee |
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knowingly allowed a person to possess a firearm in a building on the |
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licensed premises. This subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a permittee or an employee of a permittee if |
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the person is supervising the operation of the premises; or |
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(4) who possesses a concealed handgun [of the same
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category] the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code, unless the person is on the premises |
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of a business described by Section 46.035(b)(1), Penal Code. |
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SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Each holder of a license who is not otherwise required |
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to display a sign under Section 411.204, Government Code, shall |
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display in a prominent place on the license holder's premises a sign |
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giving notice that it is unlawful for a person to carry a weapon on |
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the premises unless the weapon is a concealed handgun [of the same
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category] the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code. |
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SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(f) Except as provided by Subsection (g) or (j), the |
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commission or administrator shall cancel an original or renewal |
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dealer's on-premises or off-premises license if it is found, after |
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notice and hearing, that the licensee knowingly allowed a person to |
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possess a firearm in a building on the licensed premises. This |
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subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a licensee or an employee of a licensee if |
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the person is supervising the operation of the premises; or |
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(4) who possesses a concealed handgun [of the same
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category] the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code, unless the person is on the premises |
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of a business described by Section 46.035(b)(1), Penal Code. |
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SECTION 5. Section 411.177(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall issue a license to carry a |
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concealed handgun to an applicant if the applicant meets all the |
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eligibility requirements and submits all the application |
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materials. [The department may issue a license to carry handguns
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only of the categories for which the applicant has demonstrated
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proficiency in the form and manner required by the department.] The |
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department shall administer the licensing procedures in good faith |
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so that any applicant who meets all the eligibility requirements |
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and submits all the application materials shall receive a license. |
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The department may not deny an application on the basis of a |
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capricious or arbitrary decision by the department. |
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SECTION 6. Section 411.179(a), Government Code, is amended |
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to read as follows: |
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(a) The department by rule shall adopt the form of the |
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license. A license must include: |
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(1) a number assigned to the license holder by the |
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department; |
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(2) a statement of the period for which the license is |
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effective; |
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(3) [a statement of the category or categories of
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handguns the license holder may carry as provided by Subsection
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(b);
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[(4)] a color photograph of the license holder; |
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(4) [(5)] the license holder's full name, date of |
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birth, hair and eye color, height, weight, and signature; |
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(5) [(6)] the license holder's residence address or, |
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as provided by Subsection (d), the street address of the courthouse |
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in which the license holder or license holder's spouse serves as a |
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federal judge or the license holder serves as a state judge; and |
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(6) [(7)] the number of a driver's license or an |
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identification certificate issued to the license holder by the |
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department. |
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SECTION 7. Section 411.187(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall suspend a license under this |
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section if the license holder: |
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(1) is charged with the commission of a Class A or |
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Class B misdemeanor or equivalent offense, or of an offense under |
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Section 42.01, Penal Code, or equivalent offense, or of a felony |
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under an information or indictment; |
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(2) fails to notify the department of a change of |
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address, name, or status as required by Section 411.181; |
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(3) [carries a concealed handgun under the authority
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of this subchapter of a different category than the license holder
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is licensed to carry;
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[(4)
fails to return a previously issued license after
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a license is modified as required by Section 411.184(d);
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[(5)] commits an act of family violence and is the |
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subject of an active protective order rendered under Title 4, |
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Family Code; or |
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(4) [(6)] is arrested for an offense involving family |
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violence or an offense under Section 42.072, Penal Code, and is the |
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subject of an order for emergency protection issued under Article |
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17.292, Code of Criminal Procedure. |
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SECTION 8. Sections 411.188(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) The director by rule shall establish minimum standards |
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for handgun proficiency and shall develop a course to teach handgun |
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proficiency and examinations to measure handgun proficiency. The |
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course to teach handgun proficiency must contain training sessions |
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divided into two parts. One part of the course must be classroom |
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instruction and the other part must be range instruction and an |
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actual demonstration by the applicant of the applicant's ability to |
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safely and proficiently use a [the applicable category of] handgun. |
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An applicant must be able to demonstrate, at a minimum, the degree |
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of proficiency that is required to effectively operate a handgun of |
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.32 caliber or above. The department shall distribute the |
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standards, course requirements, and examinations on request to any |
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qualified handgun instructor. |
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(d) Only a qualified handgun instructor may administer the |
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proficiency examination to obtain or to renew a license. The |
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proficiency examination must include: |
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(1) a written section on the subjects listed in |
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Subsection (b); and |
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(2) a physical demonstration of proficiency in the use |
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of one or more handguns [of specific categories] and in handgun |
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safety procedures. |
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SECTION 9. Section 411.1882(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is serving in this state as a judge or |
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justice of a federal court, as an active judicial officer, as |
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defined by Section 411.201, or as a district attorney, assistant |
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district attorney, criminal district attorney, assistant criminal |
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district attorney, county attorney, or assistant county attorney |
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may establish handgun proficiency for the purposes of this |
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subchapter by obtaining from a handgun proficiency instructor |
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approved by the Commission on Law Enforcement Officer Standards and |
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Education for purposes of Section 1702.1675, Occupations Code, a |
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sworn statement that[:
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[(1)] indicates that the person, during the 12-month |
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period preceding the date of the person's application to the |
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department, demonstrated to the instructor proficiency in the use |
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of handguns[; and
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[(2)
designates the categories of handguns with
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respect to which the person demonstrated proficiency]. |
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SECTION 10. Section 411.199(e), Government Code, is amended |
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to read as follows: |
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(e) A retired peace officer who obtains a license under this |
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subchapter must maintain[, for the category of weapon licensed,] |
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the proficiency required for a peace officer under Section |
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1701.355, Occupations Code. The department or a local law |
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enforcement agency shall allow a retired peace officer of the |
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department or agency an opportunity to annually demonstrate the |
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required proficiency. The proficiency shall be reported to the |
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department on application and renewal. |
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SECTION 11. Sections 62.082(d) and (e), Parks and Wildlife |
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Code, are amended to read as follows: |
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(d) Section 62.081 does not apply to: |
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(1) an employee of the Lower Colorado River Authority; |
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(2) a person authorized to hunt under Subsection (c); |
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(3) a peace officer as defined by Article 2.12, Code of |
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Criminal Procedure; or |
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(4) a person who: |
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(A) possesses a concealed handgun and a license |
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issued under Subchapter H, Chapter 411, Government Code, to carry a |
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concealed handgun [of the same category as a handgun the person is
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carrying]; or |
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(B) under circumstances in which the person would |
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be justified in the use of deadly force under Chapter 9, Penal Code, |
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shoots a handgun [of the same category as a handgun] the person is |
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licensed to carry under Subchapter H, Chapter 411, Government Code. |
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(e) A state agency, including the department, the |
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Department of Public Safety, and the Lower Colorado River |
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Authority, may not adopt a rule that prohibits a person who |
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possesses a license issued under Subchapter H, Chapter 411, |
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Government Code, from entering or crossing the land of the Lower |
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Colorado River Authority while: |
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(1) possessing a concealed handgun [of the same
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category as a handgun the person is licensed to carry]; or |
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(2) under circumstances in which the person would be |
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justified in the use of deadly force under Chapter 9, Penal Code, |
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shooting a handgun [of the same category as a handgun the person is
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licensed to carry]. |
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SECTION 12. Section 30.05(f), Penal Code, is amended to |
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read as follows: |
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(f) It is a defense to prosecution under this section that: |
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(1) the basis on which entry on the property or land or |
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in the building was forbidden is that entry with a handgun was |
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forbidden; and |
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(2) the person was carrying a concealed handgun and a |
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license issued under Subchapter H, Chapter 411, Government Code, to |
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carry a concealed handgun [of the same category the person was
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carrying]. |
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SECTION 13. Section 46.15(b), Penal Code, is amended to |
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read as follows: |
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(b) Section 46.02 does not apply to a person who: |
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(1) is in the actual discharge of official duties as a |
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member of the armed forces or state military forces as defined by |
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Section 431.001, Government Code, or as a guard employed by a penal |
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institution; |
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(2) is traveling; |
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(3) is engaging in lawful hunting, fishing, or other |
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sporting activity on the immediate premises where the activity is |
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conducted, or is en route between the premises and the actor's |
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residence, motor vehicle, or watercraft, if the weapon is a type |
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commonly used in the activity; |
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(4) holds a security officer commission issued by the |
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Texas Private Security Board, if the person is engaged in the |
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performance of the person's duties as an officer commissioned under |
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Chapter 1702, Occupations Code, or is traveling to or from the |
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person's place of assignment and is wearing the officer's uniform |
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and carrying the officer's weapon in plain view; |
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(5) acts as a personal protection officer and carries |
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the person's security officer commission and personal protection |
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officer authorization, if the person: |
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(A) is engaged in the performance of the person's |
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duties as a personal protection officer under Chapter 1702, |
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Occupations Code, or is traveling to or from the person's place of |
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assignment; and |
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(B) is either: |
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(i) wearing the uniform of a security |
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officer, including any uniform or apparel described by Section |
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1702.323(d), Occupations Code, and carrying the officer's weapon in |
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plain view; or |
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(ii) not wearing the uniform of a security |
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officer and carrying the officer's weapon in a concealed manner; |
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(6) is carrying a concealed handgun and a valid |
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license issued under Subchapter H, Chapter 411, Government Code, to |
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carry a concealed handgun [of the same category as the handgun the
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person is carrying]; |
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(7) holds an alcoholic beverage permit or license or |
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is an employee of a holder of an alcoholic beverage permit or |
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license if the person is supervising the operation of the permitted |
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or licensed premises; or |
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(8) is a student in a law enforcement class engaging in |
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an activity required as part of the class, if the weapon is a type |
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commonly used in the activity and the person is: |
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(A) on the immediate premises where the activity |
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is conducted; or |
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(B) en route between those premises and the |
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person's residence and is carrying the weapon unloaded. |
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SECTION 14. The following provisions of the Government Code |
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are repealed: |
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(1) Section 411.171(1); |
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(2) Section 411.179(b); |
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(3) Section 411.184; and |
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(4) Sections 411.188(e) and (h). |
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SECTION 15. (a) The change in law made by this Act to |
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Subchapter H, Chapter 411, Government Code, applies only to a |
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license issued or renewed under that subchapter on or after the |
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effective date of this Act. |
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(b) The changes in law made by this Act to the Alcoholic |
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Beverage Code, Parks and Wildlife Code, and Penal Code, apply only |
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to civil or criminal proceedings involving the carrying of a |
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handgun on or after the effective date of this Act by a person |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code, as amended by this Act. |
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SECTION 16. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3142 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3142 on May 23, 2013, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3142 on May 26, 2013, by the following vote: Yeas 143, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3142 was passed by the Senate, with |
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amendments, on May 21, 2013, by the following vote: Yeas 28, Nays |
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3; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3142 on May 26, 2013, by the following vote: Yeas 28, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |