SB 17, Sen 2nd Rdg, Amnd #F7

SECTION ____. Section 411.179(a), Government Code, as amended by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) The department by rule shall adopt the form of the license. A license must include:

(1) a number assigned to the license holder by the department;

(2) a statement of the period for which the license is effective;

(3) a color photograph of the license holder;

(4) the license holder's full name, date of birth, hair and eye color, height, weight, and signature;

(5) the license holder's residence address or, as provided by Subsection (d), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or the license holder serves as a state judge;

(6) the number of a driver's license or an identification certificate issued to the license holder by the department; [~~and~~]

(7) [~~(8)~~] the designation "VETERAN" if required under Subsection (e); and

(8) a designation for a license holder to carry a holstered handgun that is partially or wholly visible, if the license holder received that designation under Section 411.184.

SECTION ____. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.184 to read as follows:

Sec. 411.184. HOLSTERED CARRY DESIGNATION. (a) A license holder is eligible for a holstered carry designation on the license holder's license to carry a handgun under this subchapter if the license holder submits to the department:

(1) on a form provided by the department, a completed application for the designation;

(2) evidence that the license holder has successfully completed a course described by Subsection (c); and

(3) the fee set by the director under Subsection (b).

(b) The director by rule shall:

(1) adopt an application form to be used to apply for a designation under this section; and

(2) set a fee in an amount sufficient to cover the cost of issuing licenses bearing a designation under this section.

(c) The director by rule shall establish minimum standards for a training course for license holders seeking a holstered carry designation, to be taken at the license holders' expense. The training course must provide instruction on the situations in which it is or is not lawful or appropriate to draw a license holder's handgun.

(d) The department may grant a designation under this section to a license holder who meets all the eligibility requirements and submits the required application materials and fee under Subsection (a). Not later than the 45th day after the date of receipt of the application materials and fee, the department shall issue the license with the designation or notify the license holder in writing that the application for the designation was denied.

(e) On receipt of a license with a designation under this section, the license holder shall return to the department any license that was previously issued to the license holder.

(f) A license holder whose fee to apply for a designation under this section is dishonored or reversed may reapply for the designation at any time, provided the fee and an additional charge of $25 is paid by cashier's check or money order made payable to the "Texas Department of Public Safety."

SECTION ____. The public safety director of the Department of Public Safety shall adopt the rules necessary to implement Section 411.184, Government Code, as added by this Act, not later than December 1, 2015.

SECTION ____. To the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

(2) In SECTION 40 of the bill, in amended Section 30.05(f), Penal Code, strike Subdivision (2) (page 12, lines 10-16), and substitute the following:

(2) the person was carrying a [~~concealed~~] handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a [~~concealed~~] handgun.

(3) In SECTION 44 of the bill, in added Section 30.07(f), Penal Code (page 13, line 23), between "holster" and the underlined period, insert the following:

or that the person's license to carry a handgun bears a holstered carry designation under Section 411.184, Government Code

(4) In SECTION 45 of the bill, in amended Section 46.02(a-1), Penal Code (page 13, line 32), between "Government Code," and "and the handgun", insert "the person's license to carry the handgun bears a holstered carry designation under Section 411.184, Government Code,".

(5) In SECTION 47 of the bill, strike amended Section 46.035(a), Penal Code (page 13, lines 50-56), and substitute the following:

(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:

(1) the actor's license bears a holstered carry designation under Section 411.184, Government Code; and

(2) the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

(6) In SECTION 47, in amended Section 46.035(b), Penal Code (page 13, lines 60-61), strike "regardless of whether the handgun is concealed or carried in a shoulder or belt holster," and substitute "[~~regardless of whether the handgun is concealed,~~]".

(7) In SECTION 47, in amended Section 46.035(c), Penal Code (page 14, lines 14-16), strike ", regardless of whether the handgun is concealed or carried in a shoulder or belt holster," and substitute "[~~, regardless of whether the handgun is concealed,~~]".

(8) In SECTION 47, in amended Section 46.035(d), Penal Code (page 14, lines 20-21), strike ", regardless of whether the handgun is concealed or carried in a shoulder or belt holster" and substitute "[~~, regardless of whether the handgun is concealed~~]".

(9) In SECTION 48 of the bill, in amended Section 46.15(b), Penal Code (page 15, lines 43-49), strike amended Subdivision (6) and substitute the following:

(6) is carrying a [~~concealed~~] handgun and a [~~valid~~] license issued under Subchapter H, Chapter 411, Government Code, to carry a [~~concealed~~] handgun;

(10) Strike SECTION 50 of the bill (page 15, line 63 through page 16, line 3) and renumber subsequent SECTIONS of the bill accordingly.

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