82R7297 JSC-D
 
  By: Lavender H.B. No. 2756
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a person who is licensed to carry a
  handgun to openly carry the handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Sections 46.035(a) and (h), Penal Code, are
  repealed.
         (b)  Section 411.171(3), Government Code, is repealed.
         SECTION 2.  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 of the same
  category the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code.
         SECTION 3.  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 of the same
  category 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 4.  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 of the same
  category the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code.
         SECTION 5.  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 of the same
  category 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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  The heading to Section 411.047, Government
  Code, is amended to read as follows:
         Sec. 411.047.  REPORTING RELATED TO CERTAIN [CONCEALED]
  HANDGUN INCIDENTS.
         SECTION 14.  The heading to Subchapter H, Chapter 411,
  Government Code, is amended to read as follows:
  SUBCHAPTER H. LICENSE TO CARRY A [CONCEALED] HANDGUN
         SECTION 15.  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 16.  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 17.  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 18.  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 may issue a license to carry handguns
  only of the categories for which the applicant has demonstrated
  proficiency in the form and manner required by the department.  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 19.  Section 411.185(d), Government Code, is amended
  to read as follows:
         (d)  The director by rule shall adopt a procedure by which a
  license holder who satisfies the eligibility criteria may renew a
  license by mail. The materials for renewal by mail must include a
  form to be signed and returned to the department by the applicant
  that describes state law regarding:
               (1)  the use of deadly force; and
               (2)  the places where it is unlawful for the holder of a
  license issued under this subchapter to carry a [concealed]
  handgun.
         SECTION 20.  Section 411.187(a), Government Code, is amended
  to read as follows:
         (a)  The department shall suspend a license under this
  section if the license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (2)  fails to notify the department of a change of
  address, name, or status as required by Section 411.181;
               (3)  carries a [concealed] handgun under the authority
  of this subchapter of a different category than the license holder
  is licensed to carry;
               (4)  fails to return a previously issued license after
  a license is modified as required by Section 411.184(d);
               (5)  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; or
               (6)  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure.
         SECTION 21.  Section 411.188(g), Government Code, is amended
  to read as follows:
         (g)  A person who wishes to obtain or renew 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 22.  Section 411.1881(a), Government Code, is
  amended to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  a person may not be required to complete the range instruction
  portion of a handgun proficiency course to obtain or renew a
  [concealed] handgun license issued under this subchapter if the
  person:
               (1)  is currently serving in or is honorably discharged
  from:
                     (A)  the army, navy, air force, coast guard, or
  marine corps of the United States or an auxiliary service or reserve
  unit of one of those branches of the armed forces; or
                     (B)  the state military forces, as defined by
  Section 431.001; and
               (2)  has, within the five years preceding the date of
  the person's application for an original or renewed license, as
  applicable, completed a course of training in handgun proficiency
  or familiarization as part of the person's service with the armed
  forces or state military forces.
         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 411.198(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 25.  Sections 411.201(c), (d), (e), and (h),
  Government Code, are amended to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a [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 26.  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.
         SECTION 27.  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, is capable of exercising sound judgment with
  respect to the proper use and storage of a handgun.
         SECTION 28.  Section 118.011(b), Local Government Code, is
  amended to read as follows:
         (b)  The county clerk may set and collect the following fee
  from any person:
               (1)  Returned Check (Sec. 118.0215) . . . . . . . . . . .
  . . . . . . . . . . . . . . . . . . .  not less than $15 or more than $30
               (2)  Records Management and Preservation Fee (Sec.
  118.0216)  . . . . . . . . . . . . . . . . . . . . . . .  not more than $5
               (3)  Mental Health Background Check for License to
  Carry a [Concealed] Weapon (Sec. 118.0217) . . . . . not more than $2
         SECTION 29.  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 [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 30.  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 within the
  limits of the municipality;
               (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 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; or
               (6)  regulate the carrying of a firearm 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.
         SECTION 31.  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 of the same category as a handgun the person is
  carrying; 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 of the same category as 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 of the same
  category as a handgun the person is licensed to carry; 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 of the same category as a handgun the person is
  licensed to carry.
         SECTION 32.  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 33.  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 [concealed] handgun and
  a license issued under Subchapter H, Chapter 411, Government Code,
  to carry a [concealed] handgun of the same category the person was
  carrying.
         SECTION 34.  The heading to Section 30.06, Penal Code, is
  amended to read as follows:
         Sec. 30.06.  TRESPASS BY HOLDER OF LICENSE TO CARRY
  [CONCEALED] HANDGUN.
         SECTION 35.  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 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 36.  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 holder of license to carry a [concealed]
  handgun), a person licensed under Subchapter H, Chapter 411,
  Government Code ([concealed] handgun license 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 37.  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 38.  Sections 46.035(b), (c), (d), (g), and (j),
  Penal Code, are amended to read as follows:
         (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,] 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,] 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].
         (g)  An offense under Subsection [(a),] (b), (c), (d), or (e)
  is a Class A misdemeanor, unless the offense is committed under
  Subsection (b)(1) or (b)(3), in which event the offense is a felony
  of the third degree.
         (j)  Subsection [Subsections (a) and] (b)(1) does [do] not
  apply to a historical reenactment performed in compliance with the
  rules of the Texas Alcoholic Beverage Commission.
         SECTION 39.  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)  a judge or justice of a federal court, the supreme
  court, the court of criminal appeals, a court of appeals, a district
  court, a criminal district court, a constitutional county court, a
  statutory county court, a justice court, or a municipal court who is
  licensed to carry a [concealed] handgun under Subchapter H, Chapter
  411, Government Code;
               (5)  an honorably retired peace officer or federal
  criminal investigator who holds a certificate of proficiency issued
  under Section 1701.357, Occupations Code, and is carrying a photo
  identification that:
                     (A)  verifies that the officer honorably retired
  after not less than 15 years of service as a commissioned officer;
  and
                     (B)  is issued by a state or local law enforcement
  agency;
               (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
  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 431.001, 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 or motor vehicle, 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 [concealed] handgun and a valid
  license issued under Subchapter H, Chapter 411, Government Code, to
  carry a [concealed] handgun of the same category as the handgun the
  person is carrying;
               (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 40.  The change in law made by this Act relating to
  the authority of a license holder to openly carry a 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 41.  The changes in law made by this Act to Sections
  30.05, 30.06, 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 when the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 42.  This Act takes effect September 1, 2011.