85R24134 JSC-F
	By: White, Burns, Phelan, Lang, Metcalf,	H.B. No. 1911
	et al.
	Substitute the following for H.B. No. 1911:
	By:  Schaefer	C.S.H.B. No. 1911

	A BILL TO BE ENTITLED
	AN ACT
	relating to granting authority to carry a firearm to certain
	unlicensed persons and to related regulatory provisions and
	criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter H, Chapter 411,
	Government Code, is amended to read as follows:
	SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
	RELATING TO CARRYING OF FIREARMS
	SECTION 2.  Sections 411.1741(a) and (b), Government Code,
	are amended to read as follows:
	(a)  When a person applies for an original or renewal license
	to carry a [concealed] handgun under this subchapter, the person
	may make a voluntary contribution in any amount to the fund for
	veterans' assistance established by Section 434.017.
	(b)  The department shall:
	(1)  include space on the first page of each
	application for an original or renewal license to carry a
	[concealed] handgun that allows a person applying for an original
	or renewal license to carry a [concealed] handgun to indicate the
	amount that the person is voluntarily contributing to the fund; and
	(2)  provide an opportunity for the person to
	contribute to the fund during the application process for an
	original or renewal license to carry a [concealed] handgun on the
	department's Internet website.
	SECTION 3.  Section 411.204(c), Government Code, is amended
	to read as follows:
	(c)  The sign required under Subsections (a) and (b) must
	give notice in both English and Spanish that it is unlawful for a
	person, including a person licensed under this subchapter or a
	person otherwise legally authorized to carry a handgun, to carry a
	handgun on the premises. The sign must appear in contrasting colors
	with block letters at least one inch in height and must include on
	its face the number "51" printed in solid red at least five inches
	in height. The sign shall be displayed in a conspicuous manner
	clearly visible to the public.
	SECTION 4.  Section 411.205, Government Code, is amended to
	read as follows:
	Sec. 411.205.  REQUIREMENT TO DISPLAY IDENTIFICATION AND
	HANDGUN LICENSE. If a person [license holder] is carrying a handgun
	[on or about the license holder's person] when a magistrate or a
	peace officer demands that the person [license holder] display
	identification, the person [license holder] shall display [both]
	the person's [license holder's] driver's license or identification
	certificate issued by the department or other proof of identity. If
	the person is a license holder under this subchapter and is carrying
	the person's handgun license, the person also shall display [and]
	the person's [license holder's] handgun license.
	SECTION 5.  Sections 411.207(b) and (c), Government Code,
	are amended to read as follows:
	(b)  A peace officer who is acting in the lawful discharge of
	the officer's official duties may temporarily disarm a person who
	is a license holder or otherwise legally authorized to carry a
	handgun when the person [a license holder] enters a nonpublic,
	secure portion of a law enforcement facility, if the law
	enforcement agency provides a gun locker where the peace officer
	can secure the person's [license holder's] handgun. The peace
	officer shall secure the handgun in the locker and shall return the
	handgun to the person [license holder] immediately after the person
	[license holder] leaves the nonpublic, secure portion of the law
	enforcement facility.
	(c)  A law enforcement facility shall prominently display at
	each entrance to a nonpublic, secure portion of the facility a sign
	that gives notice in both English and Spanish that, under this
	section, a peace officer may temporarily disarm a person who is a
	license holder or otherwise legally authorized to carry a handgun
	when the person [license holder] enters the nonpublic, secure
	portion of the facility. The sign must appear in contrasting colors
	with block letters at least one inch in height. The sign shall be
	displayed in a clearly visible and conspicuous manner.
	SECTION 6.  Section 42.042(e-2), Human Resources Code, is
	amended to read as follows:
	(e-2)  The department may not prohibit the foster parent of a
	child who resides in the foster family's home from transporting the
	child in a vehicle where a handgun is present if the handgun is in
	the possession and control of the foster parent and the foster
	parent is licensed to carry the handgun under Subchapter H, Chapter
	411, Government Code, or is otherwise legally authorized to carry a
	handgun.
	SECTION 7.  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, air guns, or knives
	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 handgun under
	Subchapter H, Chapter 411, Government Code, or a person otherwise
	legally authorized to carry the handgun, 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 8.  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)  is carrying [possesses] a handgun the person
	is legally authorized to carry [and a license issued under
	Subchapter H, Chapter 411, Government Code, to carry a 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 legally authorized [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)  carrying [possessing] a handgun that the person is
	legally authorized 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.
	SECTION 9.  Section 284.001(e), Parks and Wildlife Code, is
	amended to read as follows:
	(e)  This section does not limit a person's [the] ability to
	carry a handgun if the person is legally authorized [of a license
	holder] to carry a handgun [under the authority of Subchapter H,
	Chapter 411, Government Code].
	SECTION 10.  Section 30.05, Penal Code, is amended by
	amending Subsections (d) and (f) and adding Subsections (d-1) and
	(d-2) to read as follows:
	(d)  Subject to Subsections (d-1) and (d-2), an [An] offense
	under this section is:
	(1)  a Class B misdemeanor, except as provided by
	Subdivisions (2) and (3);
	(2)  a Class C misdemeanor, except as provided by
	Subdivision (3), if the offense is committed:
	(A)  on agricultural land and within 100 feet of
	the boundary of the land; or
	(B)  on residential land and within 100 feet of a
	protected freshwater area; and
	(3)  a Class A misdemeanor if:
	(A)  the offense is committed:
	(i)  in a habitation or a shelter center;
	(ii)  on a Superfund site; or
	(iii)  on or in a critical infrastructure
	facility; or
	(B)  the person carries a deadly weapon during the
	commission of the offense.
	(d-1)  An offense under this section is a Class C misdemeanor
	punishable by a fine not to exceed $200 if:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	was forbidden; and
	(2)  the person was carrying in a concealed manner or in
	a holster a handgun that the person was legally authorized to carry
	at the time of the offense.
	(d-2)  An offense under this section is a Class A misdemeanor
	if:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	was forbidden;
	(2)  the person was carrying in a concealed manner or in
	a holster a handgun that the person was legally authorized to carry
	at the time of the offense; and
	(3)  it is shown on the trial of the offense that, after
	entering the property, land, or building, the actor was personally
	given notice by oral communication that entry with a firearm was
	forbidden and subsequently failed to depart.
	(f)  It is a defense to prosecution under this section that:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	[handgun] was forbidden; and
	(2)  at the time of the offense the person was carrying:
	(A)  a license issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	(B)  a handgun:
	(i)  in a concealed manner; or
	(ii)  in a [shoulder or belt] holster.
	SECTION 11.  Section 30.07(f), Penal Code, is amended to
	read as follows:
	(f)  It is not a defense to prosecution under this section
	that the handgun was carried in a [shoulder or belt] holster.
	SECTION 12.  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
	legally authorized [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 13.  Sections 46.03(e-1) and (e-2), Penal Code, are
	amended to read as follows:
	(e-1)  It is a defense to prosecution under Subsection (a)(5)
	that the actor:
	(1)  possessed, at the screening checkpoint for the
	secured area, a [concealed] handgun that the actor was legally
	authorized [licensed] to carry [under Subchapter H, Chapter 411,
	Government Code]; and
	(2)  exited the screening checkpoint for the secured
	area immediately on [upon] completion of the required screening
	processes and notification that the actor possessed the handgun.
	(e-2)  A peace officer investigating conduct that may
	constitute an offense under Subsection (a)(5) and that consists
	only of an actor's possession of a [concealed] handgun that the
	actor is legally authorized [licensed] to carry [under Subchapter
	H, Chapter 411, Government Code,] may not arrest the actor for the
	offense unless:
	(1)  the officer advises the actor of the defense
	available under Subsection (e-1) and gives the actor an opportunity
	to exit the screening checkpoint for the secured area; and
	(2)  the actor does not immediately exit the checkpoint
	on [upon] completion of the required screening processes.
	SECTION 14.  The heading to Section 46.035, Penal Code, is
	amended to read as follows:
	Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
	OR OTHER PERSON LEGALLY AUTHORIZED TO CARRY HANDGUN.
	SECTION 15.  Sections 46.035(a), (b), (c), (d), (i), and
	(l), Penal Code, are amended to read as follows:
	(a)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person
	[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 person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person
	[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 person [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
	facility licensed under Chapter 242, Health and Safety Code, unless
	the person [license holder] has written authorization of the
	hospital or nursing facility administration, as appropriate; or
	(5)  in an amusement park[; or
	[(6)     on the premises of a church, synagogue, or other
	established place of religious worship].
	(c)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person
	[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, in the room or rooms where
	a meeting of a governmental entity is held and if the meeting is an
	open meeting subject to Chapter 551, Government Code, and the
	entity provided notice as required by that chapter.
	(d)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person[,
	while intoxicated, the license holder] carries a handgun while the
	person is intoxicated [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 to a license holder who [if the actor] was not given effective
	notice under Section 30.06 or 30.07.
	(l)  Subsection (b)(2) does not apply to a license holder on
	the premises where a collegiate sporting event is taking place if
	the license holder [actor] was not given effective notice under
	Section 30.06.
	SECTION 16.  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(h-1)  It is a defense to prosecution under Subsections
	(b)(1), (2), (4), and (5) [(4)-(6),] and (c) that at the time of the
	commission of the offense, the actor was:
	(1)  a judge or justice of a federal court;
	(2)  an active judicial officer, as defined by Section
	411.201, Government Code; or
	(3)  a district attorney, assistant district attorney,
	criminal district attorney, assistant criminal district attorney,
	county attorney, or assistant county attorney.
	SECTION 17.  Sections 46.15(a) and (b), Penal Code, are
	amended to read as follows:
	(a)  Sections 46.02, [and] 46.03, and 46.035 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 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
	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 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 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 license holder [issued] under Subchapter
	H, Chapter 411, Government Code, [to carry a handgun;] and is
	carrying
	[(B)] a handgun:
	(A) [(i)]  in a concealed manner; or
	(B) [(ii)]  in a [shoulder or belt] holster;
	(7)  is at least 21 years of age and:
	(A)  has not been convicted of a felony;
	(B)  is fully qualified under applicable federal
	law to purchase and possess a handgun;
	(C)  meets the requirements under Sections
	411.172(a)(1)-(13), Government Code;
	(D)  is not a member of a criminal street gang, as
	defined by Section 71.01; and
	(E)  is carrying a handgun:
	(i)  in a concealed manner; or
	(ii)  in a holster;
	(8)  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
	(9) [(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 18.  The following provisions are repealed:
	(1)  Sections 11.041, 11.61(e), 61.11, and 61.71(f),
	Alcoholic Beverage Code; and
	(2)  Section 411.204(d), Government Code.
	SECTION 19.  The changes in law made by this Act relating to
	the authority of a person to carry a handgun apply to the carrying
	of a handgun on or after the effective date of this Act by any person
	who may legally carry a handgun under this Act.
	SECTION 20.  The changes in law made by this Act 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 21.  This Act takes effect September 1, 2017.