CONFERENCE COMMITTEE REPORT FORM

Austin, Texas

5 ' )_ 5 ;;J.p I 5
Date
Honorable Dan Patrick
President of the Senate
Honorable Joe Straus
Speaker of the House of Representatives
Sirs:
We, Your Conference Committee, appointed to adjust the differences between the Senate and the
have had the same under
q J0
House of Representatives on
consideration, and beg to report it back with the recommendation that it do pass in the form and
text hereto attached.

HB

On the part of the Senate

On the part of the I-louse

4 ~-

Note to Conference Committee Clerk:

Please type the names of the members of the Conference Committee under the lines provided for signature. Those
members desiring to sign the report should sign each of the six copies. Attach a copy of the Conference Committee
Report and a Section by Section side by side comparison to each of the six reporting forms. The original and two
copies are filed in house of origin of the bill, and three copies in the other house.

CONFERENCE
COMMITTEE REPORT
3rd

Printing

H.B. No. 910

A BILL TO BE ENTITLED
1

AN ACT

relating to the authority of a person who is licensed to carry a

handgun to openly carry a holstered handgun;

offenses.

creating er iminal

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.

is

amended to read as follows:

(a)

8
9

Section ll.04l(a), Alcoholic Beverage Code,

display

Each holder of a permit who is not otherwise required to

sign

under

Section

411. 204,

Government

shall

Code,

10

display in a prominent place on the permit holder's premises a sign

11

giving notice that it is unlawful for a person to carry a weapon on

12

the premises unless the weapon is a [oanoealee] handgun the person

13

is licensed to carry under Subchapter H, Chapter 411, Government

14

Code.

15
16
17

Section 11. 61 ( e),

SECTION 2.

Alcoholic Beverage Code,

is

amended to read as follows:

( e)

Except

as

provided

by

Subsection

( f)

or

( i) ,

the

18

commission or administrator shall cancel an original or renewal

19

permit if it is found, after notice and hearing, that the permittee

20

knowingly allowed a person to possess a firearm in a building on the

21

licensed premises.

22
23

( 1)

This subsection does not apply to a person:

who holds

security officer

cornrniss ion

issued

under Chapter 1702, Occupations Code, if:

(A)

24

84R33798 JSC-D

the person is engaged in the performance of

H.B. No. 910

1

the person's duties as a security officer;

2
3

(B)

the person is wearing a distinctive uniform;

(C)

the weapon is in plain view;

and

(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 [00Hoealee] handgun the person is

licensed to carry under Subchapter H, Chapter 411, Government Code,

10

unless the person is on the premises of a business described by

11

Section 46.035(b) (1), Penal Code.

12
13

SECTION 3.

Section 61.11 (a),

Alcoholic Beverage Code,

is

amended to read as follows:

14

(a)

Each holder of a license who is not otherwise required

15

to display a sign under Section 411.204, Government Code,

16

display in a prominent place on the license holder's premises a sign

17

giving notice that it is unlawful for a person to carry a weapon on

18

the premises unless the weapon is a [saHoealee] handgun the person

19

is licensed to carry under Subchapter H, Chapter 411, Government

20

Code.

21
22
23

SECTION 4.

shall

Section 61. 71(f), Alcoholic Beverage Code,

is

amended to read as follows:

( f)

Except

as

provided

by

Subsection

( g)

or

( j) ,

the

24

commission or administrator shall cancel an original or renewal

25

dealer's on-premises or off-premises license if it is found, after

26

not ice and hearing, that the licensee knowingly allowed a per son to

27

possess a firearm in a building on the licensed premises.

84R33798 JSC-D

This

H.B. No. 910

1

subsection does not apply to a person:

(1)

(A)

commission issued

the person is engaged in the performance of

the per son's duties as a security officer;

6
7

security officer

under Chapter 1702, Occupations Code, if:

4
5

who holds a

(B)

the person is wearing a distinctive uniform;

(C)

the weapon is in plain view;

and

8
9

( 2)

who is a peace officer;

10

(3)

who is a licensee or an employee of a licensee if

11

the person is supervising the operation of the premises; or

12

(4)

who possesses a [ooRoealee] handgun the person is

13

licensed to carry under Subchapter H, Chapter 411, Government Code,

14

unless the person is on the premises of a business described by

15

Section 46.035(b) (1), Penal Code.

16
17

SECTION 5.

Article 7A. 05 ( c), Code of Criminal Procedure, is

amended to read as follows:

18

(c)

In a protective order, the court may suspend a license

19

to

20

Government Code, that is held by the alleged off ender.

21
22
23

carry

[ 00F10eale8]

SECTION 6.

handgun

issued

under

Section

411.177,

Article 17.292(1), Code of Criminal Procedure,

is amended to read as follows:

(1)

In the order for emergency protection, the magistrate

24

shall suspend a license to carry a [ooHoealee] handgun issued under

25

Subchapter H, Chapter 411, Government Code, that is held by the

26

defendant.

27

SECTION 7.

84R33798 JSC-D

Article 17.293, Code of Criminal Procedure, is

H.B. No. 910

1

amende d to read as follow s:

Art. 17.293 .

DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO

The magist rate or the clerk of the magist rate's

OTHER PERSONS.

court

17.292 that suspend s a license to carry a [oonoe alea] handgu n shall

6
7

immed iately send a copy of the order to the approp riate divisio n of
On
the Departm ent of Public Safety at its Austin headqu arters.

receip t of the order suspen ding the license , the departm ent shall:
record

(1)

10

record s of the departm ent;

11

( 2)

( 3)

14

license holder .

16
17
18
19
20
21

of

report the suspen sion to

the

license

Articl e

in

the

local law enforce ment

agenci es, as approp riate; and

13

15

suspen sion

the

12

emergen cy protec tion under

for

issuing an order

demand surrend er of the suspend ed license from the

Section 37.081 1(f), Educat ion Code, is amende d

SECTION 8.
to read as fallows :
( f)

school distric t or charter school employ ee's status as

a school marsha l become s inactiv e on:

(1)

expira tion

of

the

employ ee's

school

marsha l

license under Section 1701. 260, Occupa tions Code;

(2)

suspen sion or revoca tion of the employ ee's license

22

to carry a [oonoe alea] handgun issued under Subcha pter H, Chapte r

23

411, Governm ent Code;

24
25
26
27

(3)

termin ation of the employ ee's employm ent with the

distric t or charte r school; or

(4)

notice from the board of trustee s of the distric t

or the govern ing body of the charter school that the employ ee's

84R337 98 JSC-D

H.B. No. 910

1

servic es as schoo l marsh al are no longer requir ed.

read as follow s:
DOCUMENTATION

Sec. 63. 0101.

follow ing

docum entatio n

is

The

ident if icat ion under this chapte r:

(1)

10

is amend ed to

Sectio n 63.010 1, Electi on Code,

SECTION 9.

drive r's

PROOF

OF
an

OF

IDENT IFICAT ION.

form

accep table

photo

ident ificat ion

electi on

licens e,

of

person
certif icate , or person al ident ificat ion card issued to the
that
by the Depart ment of Public Safety that has not expire d or
n;
expire d no earlie r than 60 days before the date of prese ntatio

(2)

11

a United States milita ry ident ificat ion card that

the perso n's photog raph that

has

not

expire d or

12

conta ins

13

ntatio n;
expire d no earlie r than 60 days before the date of prese

(3)

14
15

that

a United States citize nship certif icate issued to

the per son that contai ns the per son's photog raph;

16

(4)

a United States passp ort issued to the person that

17

the
has not expire d or that expire d no earlie r than 60 days before

18

date of prese ntatio n; or

(5)

19

a licens e to carry a [ooHo ealea] handgu n issued to

20

d
the person by the Depart ment of Public Safety that has not expire

21

or

22

prese ntatio n.

23

that

SECTION 10.

24

read as follow s:

25

( b)

26

27

no

expire d

ear lier

than

60

Sectio n 2.005 (b),

days

before

Family Code,

the

date

of

is amend ed to

The proof must be establ ished by:

(1)

a drive r's licens e or ident ificat ion card issued

rent
by this state, anothe r state, or a Canad ian provin ce that is cur

84R337 98 JSC-D

H.B. No. 910

1

or has expired not more than two years preceding the date the

identifica tion is submitted to the county clerk in connection with

an applicatio n 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 governmen t;

( 4)

an

of

Certifica te

unexpired

Stat es

United

Citizensh ip, Certifica te of Naturaliz ation, United States Citizen

Identifica tion Card, Permanent Resident Card, Temporary Resident

10

Card, Employmen t Authoriza tion Card, or other document issued by

11

the federal Departmen t of Homeland Security or the United States

12

Departmen t of State including an identifica tion photograp h;

(5)

13

an

unexpired

military

identifica tion

card

for

14

active duty, reserve, or retired personnel with an identifica tion

15

photograp h;

16

(6)

an

original

or

certified

copy

of

birth

17

certifica te issued by a bureau of vital statistics for a state or a

18

foreign governmen t;

19

( 7)

an original or certified copy of a Consular Report

20

of Birth Abroad or Certifica te of Birth Abroad issued by the United

21

States Departmen t of State;

22

(8)

23
24
25
26
27

an original or certified copy of a

court order

relating to the applicant 's name change or sex change;

(9)

school

or

an insurance policy continuou sly valid for

the

school

from

records

secondary

institutio n of higher educ at ion;

(10)

two years preceding the date of the applicatio n for a license;

84R33798 JSC-D

..

H.B. No. 910

1

(11)

a motor vehicle certifi cate of title;

(12)

militar y

docume ntation

of

identi ficatio n

(13)

an unexpi red militar y depend ent

(14)

an origin al or certifi ed copy of the applic ant's

marriag e license or divorce decree;

( 15)

a voter r egistr at ion certifi cate;

(16)

a pilot's license issued by the Federa l Aviatio n

10

Admin istratio n or anothe r authori zed agency of the United States ;

(17)

11
12

(18)

[oance alea) handgu n under

tempor ary

driving

permit

or

tempor ary

identi ficatio n card issued by the Departm ent of Public Safety ; or

( 19)

15
16

a license to carry a

Subcha pter H, Chapte r 411, Governm ent Code;

13

14

an off ender

ident if icat ion card

issued by the

Texas Departm ent of Crimin al Just ice.

SECTION 11.

17
18

read as follow s:

19

(m)

On

Section 58.003( m), Family Code, is amende d to

reques t

of

the

Departm ent

of

Public

Safety ,

20

juveni le court shall reopen and allow the departm ent to inspec t the

21

files and records of the juveni le court relatin g to an applica nt for

22

23

Chapte r 411, Governm ent Code.

24

license

to

carry a

SECTION 12.

25

read as follow s:

26

(d)

27

card;

6
7

includi ng

release or dischar ge from active duty or a draft record ;

records ,

[ cencea lea]

handgun

under

Sub chapte r

H,

Section 85.022 (d), Family Code, is amende d to

In a protec tive order, the court shall suspend a license "

to carry a [eeneea lea] handgun issued under Subcha pter H, Chapte r

84R337 98 JSC-D

H.B. No. 910

411,

com mitt ed fam ily viol enc e.

read asfo llow s:

(e)

pro tect ive

to have

ded to
Sec tion 85.0 42(e ), Fam ily Cod e, is amen

SECTION 13.

is held by a pers on foun d

that

Code ,

Gov ernm ent

or mod ified
The cler k of the cou rt issu ing an orig inal
a lice nse to
orde r unde r Sec tion 85.0 22 that susp ends

a copy of the orde r to the

carr y a [saa seal ee] hand gun sha ll send
of Pub lic Safe ty at its
app ropr iate divi sion of the Dep artm ent

Aus tin head qua rter s.

10

On

reco rd

the

( 1)

12

reco rds of the depa rtme nt;

14

( 2)

( 3)

16

lice nse hold er.

18
19

orde r

the

susp endi ng

the

repo rt the

susp ensi on

the

of

in

the

susp ensi on to

loca l

lice nse

law enfo rcem ent

age ncie s, as app ropr iate ; and

15

17

of

lice nse , the depa rtme nt sha ll:

11

13

rece ipt

from the
dema nd surr end er of the susp ende d lice nse

SECTION 14.

The

head ing

to

Sec tion

411 .047 ,

Gov ernm ent

Cod e, is amen ded to read as follo ws:

Sec. 411. 047.

REPORTING

RELATED

TO

CERTAIN

[CONCEALED]

21

ERS.
HANDGUN INCIDENTS INVOLVING LICENSE HOLD
ent Cod e, is amen ded
SECTION 15. Sec tion 411. 0625 , Gov ernm

22

to read as foll ows :

20

23
24
25
26
27

Sec. 411. 0625 .

PASS FOR EXPEDITED ACCESS TO CAP ITOL .

(a)

ente r the Cap itol and the

The depa rtme nt sha ll allo w a pers on to
'
or
spac e in the Cap itol
Cap itol Exte nsio n, incl udin g any pub lic
as the depa rtme nt allo ws
Cap itol Exte nsio n, in the same man ner
seal ea 8aA89~A] lice nse to
entr y to a pers on who pres ents a [GeA

84R3 3798 JSC- D

H.B. No. 910

1

carry a handgu n under Subcha pter H if the person :

( 1)

obtains from the departm ent a Capito l access pass;

( 2)

presen ts

and

to

pass

the

law

approp riate

the

enforce ment officia l when enterin g the buildin g or a space within

the buildin g.

8
9

10
11

(b)

To be eligibl e for a Capito l access pass, a person must

meet the eligib ility require ments applica ble to a license to carry
a [oenoe aled] handgun under Subcha pter H, other than require ments
regard ing evidenc e of handgun profici ency.
(c)

The

shall

departm ent

adopt

rules

to

establ ish

12

proced ure by which a residen t of the state may apply for and be

13

issued a Capito l access pass.

14

include

15

issuan ce, and renewa l that:

16

(1)

provis ions

eligib ility,

for

require

Rules adopted under this section must

the

departm ent

applic ation,

to

conduc t

approv al,

the

same

18

backgro und check on an applica nt for a Capito l access pass that is

conduc ted on an applica nt for a [oenoea led ha:Ad~un] license to

19

carry a handgun under Subcha pter H;

17

(2)

20
21

enable the departm ent to conduc t the backgro und

check describ ed by Subdiv ision ( 1); and

(3)

22

establi sh applica tion and renewa l fees in amount s

23

suffic ient to cover the cost of admini stering this section , not to

24

exceed the amount s of similar fees require d under Section 411.174

25

for a [oe:Aoe aled haad9un ] license to carry a handgun [under Sectien

26

411. 174).

27

SECTION 16.

84R337 98 JSC-D

The

heading

to

Subcha pter

H,

Chapte r

411,

H.B. No. 910

1
2
3
4
5
6
7

8
9

Govern ment Code, is amende d to read as follow s:

SUBCHAPTER H.
SECTION 17.

LICENSE TO CARRY A [CO:WC El\LED] HANDGUN

Sectio ns

(b-1),

411.1 72(a),

(g),

and

(h),

Govern ment Code, are amende d to read as follow s:

(a)
[ eeaee alea]

person

is

eligib le

for

licens e

to

carry

handgu n if the per son:

( 1)

is a legal reside nt of this state for the six-mo nth

or
period preced ing the date of applic ation under this subch apter
is otherw ise eligib le for a licens e under Sect ion 411.17 3 (a) ;

10

(2)

is at least 21 years of age;

11

(3)

has not been convic ted of a felony ;

12

(4)

is not charge d with the commi ssion of a Class A or

13

e under
Class B misdem eanor or equiv alent offens e, or of an offens

14

Sectio n 42.01, Penal Code, or equiv alent offens e, or of a felony

15

under an inform ation or indict ment;

16
17

(5)

is not a fugiti ve from justic e for a felony or a

Class A or Class B misdem eanor or equiv alent offens e;

18

( 6)

is not a chemi cally depend ent per son;

19

(7)

is not incapa ble of exerc ising sound judgm ent with

20
21

respe ct to the prope r use and storag e of a handgu n;

(8)

has not, in the five years preced ing the date of

22

or
applic ation, been convic ted of a Class A or Class B misdem eanor

23

equiv alent offens e or of an offens e under Sectio n 42.01 ,

24

Code, or equiv alent offens e;

25
26
27

(9)

Penal

is fully qualif ied under applic able federa l and

state law to purcha se a handgu n;

(10)

84R33 798 JSC-D

has not been finall y determ ined to be delinq uent

10

H.B. No. 910

1

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

restricted

currently

under

court

protective order or subject to a restraining order affecting the

spousal

10

relationship,

other

than

restraining

order

solely

affecting property interests;

(13)

11

has not,

been

in the 10 years preceding the date of

adjudicated

as

having

engaged

in

12

application,

13

conduct violating a penal law of the grade of felony; and

14

(14)

delinquent

has not made any material misrepresent ation, or

15

failed to disclose any material fact, in an application submitted

16

pursuant to Section 411.174.

17

(b-1)

An offense is not considered a felony for purposes of

if,

at the time of a person's application for

18

Subsection (b)

19

license to carry a [eaReealea] handgun, the offense:

20
21

24

law of this state as a

( 1)

is not designated by a

(2)

does not contain all the elements of any offense

felony; and

22
23

designated by a law of this state as a felony.

(g)

Notwithstand ing Subsection (a)(2), a person who is at

25

least 18 years of age but not yet 21 years of age is eligible for a

26

license to carry a [ eaReealea] handgun if the per son:

27

(1)

84R33798 JSC-D

is a member or veteran of the United States armed

11

H.B. No. 910

1

of the rese rves or nati ona l

forc es, incl udin g a mem ber or vete ran

guar d;

the

from

disc harg ed

nati ona l guar d; and

mee ts

(3)

Unit ed

the

unde r

Stat es

othe r

hon orab le

arme d

con diti ons ,

if

rese rves ,

or

requ irem ents

of

forc es,

elig ibil ity

ral law to
exce pt for the mini mum age requ ired by fede

Sub sect ion

purc hase a hand gun.

(a)

disc harg ed

was

(2)

11

eale Ei) hand gun

The issu ance of a lice nse to carr y a [ oaao
(g) does not affe ct the
to a pers on elig ible unde r Sub sect ion
or amm unit ion unde r fede ral
pers on's abi lity to purc hase a hand gun

12

law.

9
10

( h)

SECTION 18.

13
14

is

amen ded

to read as follo ws:

(b)

15
16

Sec tion 411 .173 (b), Gov ernm ent Cod e,

stat e

that

nt with any othe r

The gove rnor sha ll neg otia te an agre eme
to carr y a
prov ides for the issu ance of a lice nse

26

issu ed by the othe r stat e

[oaa oeal eEi) hand gun unde r whic h a lice nse
e a proc lam atio n that a
is reco gniz ed in this stat e or sha ll issu
gniz ed in this stat e if the
lice nse issu ed by the othe r stat e is reco
rmin es that a back grou nd
atto rney gen eral of the Stat e of Texa s dete
issu ed by that stat e is
chec k of each app lica nt for a lice nse
or an agen t of the stat e or
init iate d by stat e or loca l auth orit ies
For purp oses of
issu ed.
loca l auth orit ies befo re the lice nse is
s a sear ch of the Nat iona l
this sub sect ion, "bac kgro und chec k" mean
Inte rsta te
the
and
data base
Cen ter
Info rma tion
Crim e
of
Bure au
Fed eral
the
Ide ntif icat ion Inde x mai ntai ned by

27

Inv esti gati on.

17
18
19
20
21
22
23
24
25

84R3 3798 JSC- D

12

H.B. No. 910

SECTION 19.

1
2

Section 411.174(a), Government Code, is amended

to read as follows:

(a)

An

applicant

for

license

to

carry

[ oonoealed]

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) i

9
10

(2)

the requirements of the department;

(3)

11
12

one or more photographs of the applicant that meet

certified

copy

of

the

applicant's

birth

certificate or certified proof of age;

13

( 4)

proof of residency in this state;

14

( 5)

two
the

sets

applicant

of

legible

16

trained

17

enforcement

18

enforcement agency as an entity qualified to take fingerprints of

19

an applicant for a license under this subchapter;

fingerprints

agency or by a private

20

(6)

21

$140 paid to the department;

22

(7)

23
24
25

nonrefundable

is

person

appropriately

employed

law

entity designated by a

law

application and

by

license

fee

of

evidence of handgun proficiency, in the form and

manner required by the department;

(8)

an affidavit signed by the applicant stating that

the applicant:

26
27

who

classifiable

f ingerpr in ts

recording

taken by

and

15

in

of

complete

(A)

has read and understands each provision of

this subchapter that creates an offense under the laws of this state

84R33798 JSC-D

13

H.B. No. 910

1

of
and each provis ion of the laws of this state relate d to use

deadly force; and

fulfil ls

( B)

all

eligib ility

the

requir ement s

listed under Sectio n 411.17 2; and

a form execu ted by the applic ant that autho rizes '

(9)

make

to

direct or

an

inquir y

into

any

noncr imina l

histor y

the

eligib ility
record s that are necess ary to determ ine the applic ant's

for a licens e under Sectio n 411.17 2 (a) .

10
11

SECTION 20.

Sect ion 411. 177 (a) , Govern ment Code, is amend ed

to read as follow s:
(a)

The

depart ment

shall

issue

licens e

to

carry

12

the
[eeaee alea] handgu n to an applic ant if the applic ant meets all

13

eligib ility

14

mater ials.

requir ement s

The

submi ts

and

depart ment

shall

all

admin ister

the

the

applic ation

licens ing

18

the
proce dures in good faith so that any applic ant who meets all
ials
eligib ility requir ement s and submi ts all the applic ation mater
ation '
shall receiv e a licens e. The depart ment may not deny an applic
the
on the basis of a capric ious or arbitr ary decisi on by

19

depart ment.

15

16
17

20
21

22

23

SECTION 21.

Sect ion 411.18 5 ( c) , Govern ment Code, is amend ed

to read as follow s:
(c)

The direct or by rule shall adopt an inform ationa l form

the
that descri bes state law regard ing the use of deadly force and

25

under
place s where it is unlaw ful for the holder of a licens e issued
for a
this subch apter to carry a [oenoe alee] handgu n. An applic ant

26

to the
renewe d licens e must sign and return the inform ationa l form

27

on the
depart ment by mail or acknow ledge the form electr onica lly

24

84R33 798 JSC-D

14

'

H.B. No. 910

1

2
3

Internet according to the procedure adopted under Subsection (f).

SECTION 22.

Sections 411.188(b) and (g), Governmen t Code,

are amended to read as follows:

(b)

Only qualified handgun instructor s may administe r the

classroom instructio n part or the range instructio n part of the

handgun proficienc y course.

course must include not less than four hours and not more than six

hours of instructio n on:

(1)

10

The classroom instructio n part of the

the laws that relate to weapons and to the use of

deadly force;

(2)

11

handgun use and safety, including use of restraint

and methods

12

holsters

13

carried handguns;

to

the

ensure

carrying

secure

14

( 3)

nonviolen t dispute resolution ; and

15

(4)

proper

storage

practices

for

of

handguns

openly

with

an

16

emphasis on storage practices that eliminate the possibili ty of

17

accidenta l injury to a child.

18

(g)

A person who

..

wishes to obtain a

license to carry a

19

[soHsealea ] handgun must apply in person to a qualified handgun

20

instructo r to take the appropria te course in handgun proficienc y

21

and demonstra te handgun proficienc y as required by the departmen t.

22
23
24

SECTION 23.

Sections 411.190(b ),

(c), and (f), Governmen t

Code, are amended to read as fallows:

(b)

In

addition

to

the

qualificat ions

described

by

25

Subsection (a), a qualified handgun instructor must be qualified to

26

instruct persons in:

27

(1)

84R33798 JSC-D

the laws that relate to weapons and to the use of

15

H.B. No. 910

1

dead ly force ;
and safe ty,

handg un use, prof icien cy,

(2)

inclu ding

the secu re carry ing

use of restr aint hols ters and meth ods to ensu re

of open ly carri ed hand guns;

(3)

nonv iolen t dispu te reso lutio n; and

prop er stora ge prac tices for hand guns , inclu ding

ty of accid enta l
stora ge prac tices that elim inate the poss ibili

injur y to a child .

(4)

for a
In the mann er appl icabl e to a perso n who appl ies
shal l
carry a [sans ealee ] hand gun, the depa rtme nt

{c)

10

licen se

to

11

cond uct

backg round

of

check

perso n

who

appl ies

for

13

If the back groun d

cert if icat ion as a qual ified handg un instr ucto r.
tion woul d not
check indic ates that the appl icant for cert ifica

14

qual ify

12

recei ve

to

licen se,

handg un

the

depa rtme nt

may

not

18

If the
ucto r.
cert ify the appl icant as a qual ified handg un instr
for cert ifica tion
back groun d check indic ates that the appl ican t
depa rtme nt shal l
woul d qual ify to recei ve a handg un licen se, the
The
appl ican t.
prov ide handg un instr ucto r train ing to the

19

appl ican t

15

16
17

shal l pay a

fee

of

$100

to

the

depa rtme nt

for

the

22

lete the
The appl icant must take and succ essfu lly comp
train ing fee befo re
train ing offer ed by the depa rtmen t and pay the
qual ified hand gun
the depa rtme nt may certi fy the appl icant as a

23

instr ucto r.

20
21

24
25
26
27

..

train ing.

The

depa rtmen t

shal l

issue

licen se

to

carry

subc hapte r to any

[00n oeale 8] handg un unde r the auth ority of this
instr ucto r and who
perso n who is cert ified as a qual ified handg un
to the train ing
pays to the depa rtmen t a fee of $100 in addi tion
e the train ing fee
fee. The depa rtme nt by rule may pror ate or waiv

84R3 3798 JSC-D

16

..

H.B. No. 910

1
2

ty.
for an empl oyee of anot her gove rnme ntal enti
exis ts to
If the depa rtme nt dete rmin es that a reas on
(f)

y a [ooR oeale d] hand gun

revo ke, susp end, or deny a licen se to carr
hand gun inst ruct or or an
with resp ect to a pers on who is a qual ified
hand gun inst ruct or, the
appl ican t for cert ific atio n as a qual ified
pers on's :
depa rtme nt shal l take that actio n agai nst the
if the
licen se to carr y a [ aeno eale e] hand gun
( 1)
a lice nse issu ed unde r
pers on is an appl ican t for or the hold er of

this subc hapt er; and

3
4

6
7

10
11
12
13

14

or.
cert ific atio n as a qual ified hand gun inst ruct
is
Code ,
Gove rnme nt
411. 1901 ( c),
SECTION 24. Sect ion
(2)

amen ded to read as follo ws:

(c)

safe ty unde r

qual ified
this

hand gun

inst ruct or

sect ion may prov ide

cert ifie d

scho ol

in

scho ol

safe ty train ing,

17

d unde r Subs ectio n (a),

incl udin g inst ruct ion in the subj ects liste
open -enr ollm ent char ter
to empl oyee s of a scho ol dist rict or an
oeale d] hand gun issu ed
scho ol who hold a licen se to carr y a [ooR

18

unde r this subc hapt er.

15
16

19
20

SECTION 25.

ded
Sect ion 411. 198( a), Gove rnme nt Code , is amen

to read as follo ws:

23

rtme nt may
On writ ten appr oval of the dire ctor , the depa
s lice nse to carr y a
issu e to a law enfo rcem ent offi cer an alia
d acti viti es invo lvin g
[ooR eeale d] hand gun to be used in supe rvise

24

crim inal inve stig atio ns.

25

SECTION 26.

21
22

26
27

(a)

Sect ions

411. 201( c),

(d),

( e)

and

( h)

ws:
Gove rnme nt Code , are amen ded to read as follo
for a lice nse to
(c) An acti ve judi cial offi cer is elig ible

84R3 3798 JSC- D

17

"

H.B. No. 910

1

carry a [eaaeea lea] handgun under the author ity of this subcha pter.

A retired judici al officer is eligibl e for a license to carry a

[oaaoe aled] handgun under the author ity of this subcha pter if the

office r:

( 1)

has not been convic ted of a felony;

(2)

has not, in the five years preced ing the date of

applic ation, been convic ted of a Class A or Class B misdem eanor or

equiva lent offense ;

(3)

is not charged with the commis sion of a Class A or

10

Class B misdem eanor or equiva lent offense or of a felony under an

11

inform ation or indictm ent;

12

( 4)

is not a chemic ally depend ent per son; and

13

( 5)

is not a per son of unsound mind.

14
15

(d)

(1)

(2)

a comple ted applic ation,

includi ng all require d

one or more photog raphs of the applica nt that meet

the require ments of the departm ent;

(3)

20

two

comple te

sets

of

legible

and

classi fiable

21

finger prints of the applic ant, includi ng one set taken by a person

22

employ ed by a law enforce ment agency who is approp riately trained

23

in record ing f ingerpr in ts;

24

(4)

evidenc e of handgun profici ency, in the form and

require d by the

25

manner

26

section ;

27

"

affida vits, on a form prescri bed by the departm ent;

18

19

An applica nt for a license who is an active or retired

judici al office r must submit to the departm ent:

16
17

"

(5)

84R337 98 JSC-D

departm ent

for

an applica nt

under

this

a nonrefu ndable applic ation and license fee set by

18

"

"

H.B. No. 910

depar tment

in an amoun t

reaso nably

desig ned

to

cover

the

the

se to carry
admi nistra tive costs assoc iated with issua nce of a licen

a [oono ealed ] handg un under this subch apter ; and

if the appli cant is a retire d judic ial offic er, a
(6)

tment to
form execu ted by the appli cant that autho rizes the depar
that are
make an inqui ry into any noncr imina l histo ry recor ds
a licen se
neces sary to determ ine the appli cant' s eligi bilit y for

under this subch apter .

5
6

9
10

(e)

On recei pt of all the appli catio n mate rials requi red by

this secti on, the depar tment shall :

(1)

11

if the appli cant is an activ e judic ial offic er,

12

autho rity
issue a licen se to carry a [oono ealed ] handg un under the

13

of this subch apter ; or

(2)

14

if the appli cant is a retire d judic ial offic er,

17

mine the
condu ct an appro priate backg round inves tigati on to deter
cant is
appli cant' s eligi bilit y for the licen se and, if the appli
un under the
eligi ble, issue a licen se to carry a [oono ealed ] handg

18

autho rity of this subch apter .

15
16

19

"

(h)

The

depar tment

shall

issue

licen se

to

carry

"

26

apter to an
[oono ealed ] handg un under the autho rity of this subch
cutio n of
elect ed attor ney repre senti ng the state in the prose
on for an
felon y cases who meets the requi remen ts of this secti
The depar tment shall waive any fee
activ e judic ial offic er.
or renew ed
requi red for the issua nce of an origi nal, dupli cate,
an attor ney
licen se under this subch apter for an appli cant who is
cutio n of
elect ed or emplo yed to repre sent the state in the prose
"

27

felon y cases .

20
21
22
23
24
25

84R33 798 JSC-D

19

H.B. No. 910

1
2
3

Secti on 411.2 03, Gove rnme nt Code , is amen ded to

SECTION 27.
read as follo ws:
Sec. 411.2 03.

This subc hapte r does

RIGHTS OF EMPLOYERS.

publ ic or priv ate

not prev ent or other wise limi t the righ t of a
r this subc hapte r
empl oyer to proh ibit perso ns who are licen sed unde
prem ises of the
from carry ing a [oeao ealea ] handg un on the
mean ing assig ned by
busi ness . In this secti on, "prem ises" has the

Sect ion 46.0 35(f) (3), Pena l Code .

10
11

..

SECTION 28.

Sect ion

411. 2032 ( b) ,

Gove rnme nt

Code ,

is

priv ate

or

amen ded to read as follo ws:

(b)

An

insti tutio n

of

high er

educ ation

or

18

this state may not

indep ende nt insti tutio n of high er educ ation in
r prov ision or take ..
adop t or enfo rce any rule, regu latio n, or othe
r Sect ion 30.06 .2..
any othe r actio n, inclu ding posti ng notic e unde
ictio ns on the
30.0 7, Pena l Code , proh ibiti ng or plac ing restr
unitio n in a locke d,
stora ge or trans port ation of a firea rm or amm
perso n, inclu ding a
priv ately owned or lease d moto r vehi cle by a
a licen se to carry a
stud ent enro lled at that insti tutio n, who hold s

19

lawf ully poss esses

[oeao ealea ] handg un unde r this subc hapte r and

20

the firea rm or amm unitio n:

21

(1)

12
13

14
15
16
17

22

the insti tutio n; or

( 2)

23
24
25
26
27

of
on a stree t or drive way locat ed on the camp us

ing
in a park ing lot, park ing garag e, or othe r park

area loca ted on the camp us of the insti tutio n.

SECTION 29.

..
Secti on 12.0 92(b ), Heal th and Safe ty Code , is

amen ded to read as follo ws:

(b)

rtmen t
The medi cal advis ory board shal l assi st the Depa

84R3 3798 JSC-D

20

H.B. No. 910

1

rmin ing whe ther:

of Publ ic Safe ty of the Stat e of Texa s in dete
a lice nse
(1) an appl ican t for a driv er's licen se or

r vehi cle; or
hold er is capa ble of safe ly oper ating a moto
to carr y a
(2) an appl ican t for or hold er of a lice nse

hapt er H, Chap ter

[oon oeal ed] hand gun unde r the auth ority of Subc

er of a comm issio n
411, Gove rnme nt Code , or an appl ican t for or hold

as a secu rity offi cer unde r Chap ter

ect to the prop er use

capa ble of exer cisin g soun d judg ment with resp

and stor age of a hand gun.

10
11

SECTION 30.

Sect ions 52.0 61

1702 ,

and

Occu patio ns Code ,

52.0 62,

Labo r

Code ,

is

are

amen ded to read as follo ws:

14

TO
REST RICT ION ON PROH IBITI NG EMPLOYEE ACCESS
ic or priv ate empl oyer
OR STORAGE OF FIREARM OR AMMUNITION. A publ
a lice nse to carr y a
may not proh ibit an empl oyee who hold s

15

ter 411, Gove rnme nt

[oon oeal ed] hand gun unde r Subc hapt er H, Chap

12
13

16

17
18
19

20
21
22
23

Sec. 52.0 61.

rm, or who lawf ully

Code , who othe rwis e lawf ully poss esse s a firea
stor ing a firea rm or
poss esse s amm uniti on from tran spor ting or
to poss ess in a lock ed,
amm uniti on the empl oyee is auth oriz ed by law
lot, park ing gara ge, or
priv atel y owne d moto r vehi cle in a park ing
emp loye es.
othe r park ing area the empl oyer prov ides for
061 does not:
Sec. 52. 062. EXCEPTIONS. (a) Sect ion 52.
to carr y a
(1) auth oriz e a pers on who hold s a lice nse
ter 411, Gove rnme nt ,
[oen oeal ea] hand gun unde r Subc hapt er H, Chap

26

rm, or who lawf ully

Code , who othe rwis e lawf ully poss esse s a firea
or amm uniti on on any
poss esse s amm uniti on to poss ess a firea rm
rm or amm uniti on is
prop erty wher e the poss essio n of a firea

27

proh ibite d by stat e or fede ral law; or

24

25

84R3 3798 JSC- D

21

H.B . No. 910

(2)

app ly to:
{A)

leas ed by a pub lic

a veh icle own ed or

or

loye e in the cou rse and scop e of

priv ate emp loye r and used by an emp
the emp loye e is req uire d to
the emp loye e's emp loym ent, unle ss
off icia l disc harg e of the
tran spo rt or stor e a fire arm in the

emp loye e's dut ies;

(B)

asc hoo ldis tric t;

{C)

an

{D)

14
15

16
17
18
19
20

21

22
23
24

25
26
27

as

pr iv ate

sch ool,

as

defi ned

by

Sec t ion

22. 081 , Edu cati on Cod e;

{E)

12
13

sch ool,

Cod e;
def ined by Sec tion 5.00 1, Edu cati on

10
11

cha rter

ope n-en roll men t

..

pro per ty own ed or

con trol led by a per son ,

ject to a val id, une xpir ed oil ,

oth er than the emp loye r, tha t is sub
tain s a pro visi on pro hib itin g
gas , or oth er min eral leas e tha t con
per ty; or
the pos sess ion of fire arm s on the pro
a che mic al
(F) pro per ty own ed or leas ed by

with an air aut hor izat ion und er

man ufac ture r or oil and gas refi ner
e, and on whi ch the prim ary
Cha pter 382 , Hea lth and Saf ety Cod
or
stor age ,
use ,
man ufac ture ,
the
is
con duc ted
bus ines s
tibl e, or exp losi ve mat eria ls,
tran spo rtat ion of haz ardo us, com bus
hold s a lice nse to carr y a
exc ept in rega rd to an emp loye e who
H, Cha pter 411 , Gov ernm ent
[s0H seal ea] hand gun und er Sub cha pter
amm unit ion the emp loye e is
Cod e, and who stor es a fire arm or
lock ed, priv ate ly own ed mot or
auth oriz ed by law to pos sess in a
ge, or oth er park ing area the
veh icle in a park ing lot, park ing gara
t is out side of a secu red and ..
emp loye r pro vide s for emp loye es tha
res tric ted area :

84R 3379 8 JSC -D

22

H.B. No. 910

that cont ains the phys ical plan t;

( i)

(ii)

(iii)

that is not open to the pub lic; and

the ingr ess into whic h is cons tant ly

mon itore d by secu rity pers onne l.

(b)

Sect ion

52.0 61

does

not

proh ibit

from

empl oyer

an

11

to carr y a [Gon Geal ea]

proh ibiti ng an empl oyee who hold s a licen se
Gove rnme nt Code , or who
hand gun unde r Subc hapt er H, Chap ter 411,
poss essin g a firea rm
othe rwis e lawf ully poss esse s a firea rm, from
law to poss ess on the "
the empl oyee is othe rwis e auth oriz ed by
In this subs ectio n,
prem ises of the emp loye r's busi ness .
ion 46.0 35(f ) (3), Pena l
"pre mise s" has the mean ing assig ned by Sect

12

Code .

6
7
8

9
10

SECT ION 31.

13

(a)

,
Sect ion 118 .0ll( b), Loca l Gove rnme nt Code

15

ded to read as follo ws:

as effe ctiv e unti l Sept embe r 1, 2019 , is amen
the follo wing fee
(b) The coun ty cler k may set and coll ect

16

from any per son:

14

(1)

17
18

Retu rned Chec k

(Sec .

not

less than $15 or more than $30

( 2)

19
20

118. 0216 )

21

$10

Reco rds

Mana geme nt

and

Pres erva tion

Fee

(Sec .

. . . . . not more than

( 3)

22

Men tal

Heal th

Back grou nd

23

Carr y a Hand gun [Con seale a Weap on]

24

more than $2

Chec k

(Sec . 118. 0217 )

for

Lice nse

to

. . . . . not

.
This sect ion take s effe ct Sept embe r 1, 2015

25

(b)

26

SECTION 32.

27

118. 0215 )

(a)

Sect ion 118 .0ll( b), Loca l Gove rnme nt Code ,

to read as follo ws:

as effe ctiv e Sept embe r 1, 2019 , is amen ded

84R3 3798 JSC- D

23

.
H.B. No. 910
The county clerk may set and collec t the follow ing fee

(b)

from any person :

Record s

( 2)

118.02 16)

than $5
Menta l

( 3)

Fee

Prese rvatio n

and

Manag ement

Health

not

(Sec.

(Sec. 118.02 17)

to

Licens e

for

Check

Backg round

Carry a Handgu n [Caaee alee Weapaa ]

. . . . . not

more than $2

..

This sectio n takes effect Septem ber 1, 2019.

11

(b)

12

SECTION 33.

13

. not more

10

118.02 15)

(Sec.

less than $15 or more than $30

Return ed Check

(1)

Sectio n 118.02 17(a), Local Govern ment Code, is

amend ed to read as follow s:

(a)

14

fee

The

for

"ment al

[oeaoe alee

check

backgr ound

health

~Jeapea]"

is for

for

check ,

15

licens e to carry a handgu n

16

tment
condu cted by the county clerk at the reque st of the Texas Depar

17

of

18

condi tion

19

[eeaee alee]

20

Code.

21

fee

22

Sect ion 411.17 4 (a) ( 6), Govern ment Code.

23
24
25
26
27

Public

Safety ,
of

of

person

the
who

county

applie s

for

handgu n under Subch apter H,

the

involv ing

record s
a

to

licens e

Chapt er 411,

menta l
carry

Govern ment

The fee, not to exceed $2, will be paid from the applic ation

submi tted to

SECTION 34.

the Depart ment

of Public

Safety accord ing to

Sectio n 229.0 0l(b), Local Govern ment Code,

is ..

amend ed to read as follow s:

(b)

Subse ction

(a)

does

not

affect

the

autho rity

munic ipality has under anothe r law to:

(1)

84R33 798 JSC-D

requir e reside nts or public emplo yees to be armed

24

..

H.B. No. 910

pers onal

or

for

lawf ul purp ose;

( 2)

natio nal

with in the

shoo ting rang e;

or

law enfor ceme nt,

or

regu late the disch arge of firea rms

limi ts

defen se,

of the mun icipa lity,

othe r

than at

anoth er

guns

air
a

spor t

..

13

a
regu late the use of prop erty, the loca tion of
lity's fire code ,
busi ness , or uses at a busin ess unde r the mun icipa
long as the code ,
zonin g ordin ance , or land- use regu latio ns as
t the inten t of
ordin ance , or regu latio ns are not used to circu mven
n;
Subs ectio n (a) or Subd ivisi on ( 5) of this subs ectio
in the
(4) regu late the use of firea rms or air guns
disa ster if the
case of an insu rrect ion, riot, or natu ral
to prot ect publ ic
mun icipa lity finds the regu latio ns nece ssary

14

heal th and safe ty;

8
9

10
11

12

15
16

(3)

(5)

regu late

the

stora ge

or

trans port ation

ty,
expl osive s to prot ect publ ic heal th and safe

of

exce pt that 25

18

resid ence and 50

poun ds or less of black powd er for each priv ate
il deal er are not
poun ds or less of black powd er for each reta

19

subj ect to regu latio n;

17

20

(6)

a
regu late the carry ing of a firea rm or air gun by

21

[oon oeale a] hand gun

perso n othe r than a perso n licen sed to carry a

22

, at a:
unde r Subc hapte r H, Chap ter 411, Gove rnme nt Code

23

(A)

publ ic park ;

24

(B)

publ ic meet ing of a mun icipa lity, coun ty, or

25

othe r gove rnme ntal body ;

(C)

26

27

rally ,

poli tical

poli tica l meet ing; or

84R3 3798 JSC-D

25

para de,

or

offi cial

..

H.B. No. 910

scho ol,

nonf irea rms- rela ted

(D)

coll ege,

or

prof essi onal athl etic even t;

(7)

regu late

the

oper atio n

of

hour s

of

spor t

atio n may not be more

shoo ting rang e, exce pt that the hour s of oper
oper atio n of any othe r
limi ted than the leas t limi ted hour s of
busi ness perm itted or
busi ness in the mun icipa lity othe r than a
rage s for on-p remi ses
licen sed to sell or serv e alco holi c beve

cons ump tion; or

5
6

(8)

r on:
regu late the carr ying of an air gun by a mino

10

(A)

publ ic prop erty ; or

11

(B)

priv ate

12
13

14

with out

cons ent

of

the

prop erty owne r.

SECTION 35.

ns
The head ing to Sect ion 1701 .260 , Occu patio

Code , is amen ded to read as follo ws:

15

Sec. 1701 .260 .

16

[CONC&AL&D] HANDGUN;

17

AS SCHOOL MARSHAL.

18

SECTION 36.

19

prop erty

A
TRAINING FOR HOLDERS OF LICENSE TO CARRY
CERTIFICATION OF ELIG IBIL ITY FOR APPOINTMENT

,
Sect ions 1701 . 260 (a) and ( i), Occu patio ns Code

are amen ded to read as follo ws:

22

a train ing
The comm issio n shal l esta blis h and main tain
or
dist rict
scho ol
a
of
empl oyee
any
to
open
prog ram
a lice nse to carr y a
open -enr ollm ent char ter scho ol who hold s

23

[oea oeal ea]

24

Gove rnme nt

20

21

(a)

hand gun
Code .

issu ed

The

unde r

Subc hapt er

train ing may

be

H,

cond ucte d

Chap ter
only

by

411,
the

26

comm issio n.
comm issio n staf f or a prov ider appr oved by the
ol mars hal
(i) The comm issio n shal l revo ke a pers on's scho

27

Depa rtme nt of Publ ic

lice nse if the comm issio n is noti fied by the

25

84R3 3798 JSC- D

26

H.B. No. 910

1

a
Safe ty that the pers on's licen se to carr y

[oaa oeal ed]

hand gun

rnme nt Code , has been

issu ed unde r Subc hapt er H, Chap ter 411, Gove
A pers on whos e scho ol mars hal lice nse is
susp ende d or revo ked.

revo ked may obta in rece rtifi cati on by:

(1)

5
6
7

furn ishin g

proo f

to

the

comm issio n

that

the

rein stat ed; and

pers on's [oaa oeal ed] hand gun licen se has been
ectio n
com pleti ng the init ial train ing unde r Subs
(2)

11

f, payi ng the fee for

(c) to the sati sfac tion of the comm issio n staf
gica l fitn ess on the
the train ing, and dem onst ratin g psyc holo
ectio n (d).
psyc holo gica l exam inati on desc ribe d in Subs
is
ns Code ,
SECTION 37. Sect ion 1702 .206 (b), Occu patio

12

amen ded to read as follo ws:

8
9
10

19

prot ecti on
An indi vidu al who is actin g as a pers onal
rity offi cer, incl udin g
offi cer and is wear ing the unifo rm of a secu
1702 .323 (d), may not
any unif orm or appa rel desc ribe d by Sect ion
and shal l carr y the
conc eal any firea rm the indi vidu al is carr ying
is acti ng as a pers onal
firea rm in plai n view . An indi vidu al who
unifo rm of a secu rity
prot ecti on offi cer and is not wear ing the
rdle ss of whet her the
offi cer shal l conc eal the firea rm, rega

20

the firea rm unde r any

indi vidu al is auth oriz ed to open ly carr y

21

othe r law.

13
14
15
16
17
18

22
23
24

(b)

SECTION 38.

..

life
Sect ions 62.0 82(d ) and (e), Park s and Wild

Code , are amen ded to read as follo ws:

(d)

Sect ion 62.0 81 does not appl y to:

25

( 1)

26

( 2)

27

( 3)

84R3 3798 JSC- D

ority ;
an empl oyee of the Lowe r Colo rado Rive r Auth
( c) ;
a per son auth oriz ed to hunt unde r Subs ectio n
Code of
a peac e offi cer as defi ned by Arti cle 2. 12,

27

..

H.B. No. 910

1

Crimi nal Proced ure; or

aperso nwho:

(4)

posse sses a [ eaaeea lea] handgu n and a licens e

(A)

a
issued under Subch apter H, Chapte r 411, Govern ment Code, to carry

[cance aled] handgu n; or

under circum stance s in which the person would

(B)

Code,
be justif ied in the use of deadly force under Chapt er 9, Penal
H,
shoots a handgu n the person is licens ed to carry under Subch apter

Chapt er 411, Govern ment Code.

( e)

10

the

includ ing

agency ,

state

Safety ,

and

the

depart ment,
Colora do

Lower

the

River

11

Depar tment

of

Public

12

Autho rity,

may

not

13

posse sses

14

Lower
Govern ment Code, from enteri ng or crossi ng the land of the

15

Colora do River Autho rity while:

adopt

licens e

issued

rule

that

under

prohi bits

Subch apter

H,

who

person

Chapt er

411,

16

(1)

posse ssing a [oaaee aled] handgu n; or

17

(2)

under circum stance s in which the person would be

18

Code,
justif ied in the use of deadly force under Chapt er 9, Penal

19

shooti ng a handgu n.

21

amend ed to read as follow s:

(e)

22

to

This sectio n does not limit the abilit y of a licens e

carry

[ oanoe alea]

handgu n under

23

holde r

24

Subch apter H, Chapte r 411, Govern ment Code.

25

..

Sectio n 284.0 0l(e), Parks and Wildl ife Code, is

SECTION 39.

20

..

SECTION 40.

26

read as follow s:

27

(f)

Sect ion

30. 05 ( f),

the

Penal Code,

autho rity

of

amend ed

to

is

It is a defens e to prosec ution under this sectio n that:

84R33 798 JSC-D

28

..

..

H.B. No. 910

( 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

(A)

5
Sub chapter

[oanoealea hana9un ans a]

H,

under

[sansealea ] handgun; and

( i)

12

15
16
17
18

carry

in a shoulder or belt holster.

The heading to Section 30.06, Penal Code,

is

amended to read as follows:

Sec. 30. 06.

13

14

to

Code,

in a concealed manner; or

(ii)

10
SECTION 41.

Governmen t

license issued

a handgun:

(B)

11

411,

Chapter

carrying~

TRESPASS BY LICENSE HOLDER WITH A [OF LICENSE TO

CONCEALED HANDGUN.

cr~RY]

SECTION 42.

30.06(a)

Sections

(d),

Penal

offense

if

and

Code,

are

amended to read as follows:

(a)

license holder

commits

an

the

license

holder:
(1)

19

carries a concealed handgun under the authority of

20

Subchapte r H, Chapter 411, Governmen t Code, on property of another

21

without effective consent; and

22

(2)

23
24

[.+A-)-]

27

entry on the property by a license holder

with a concealed handgun was

[(~)

25
26

received notice that[+

forbidden[~

remainin'j an the praperty with a oanoealed

hand9un was ferBiaden and failea te aepart] .

(d)

An offense under this section is a Class C misdemean or

84R33798 JSC-D

29

..

H.B. No. 910

1

punishable by a fine not to exceed $200, except that the offense is

a Class A misdemeanor if it is shown on the trial of the offense

that,

personally given the notice by oral communication described by

Subsection (b) and subsequently failed to depart.

6
7
8

after

entering

the

property,

the

holder

license

was

Section 30.06(c) (3), Penal Code, is amended to

SECTION 43.
read as follows:
(3)

"Written communication " means:

(A)

a card or other document on which is written

10

language identical to the following:

11

Penal Code (trespass by license holder with [ af lieense ta ear ry] a

12

concealed handgun), a person licensed under Subchapter H, Chapter

13

411, Government Code ([aaaaealed] handgun licensing law), may not

14

enter this property with a concealed handgun"; or

15

( B)

17

(ii)

22
23
24

appears

(iii)

language

described

contrasting

colors

by

in

with

is displayed in a conspicuous manner

clearly visible to the public.

SECTION 44.

Chapter 30, Penal Code,

is amended by adding

Section 30.07 to read as follows:

Sec. 30.07.

25

CARRIED HANDGUN.

26

license holder:

27

the

block letters at least one inch in height; and

20
21

includes

Paragraph (A) in both English and Spanish;

18
19

a sign posted on the property that:

(i)

16

"Pursuant to Section 30.06,

(1)

84R33798 JSC-D

TRESPASS
(a)

BY

LICENSE

HOLDER

WITH

AN

OPENLY

A license holder commits an offense if the

openly carries a handgun under the authority of

30

H.B. No. 910

r
Subch apter H, Chapte r 411, Govern ment Code, on prope rty of anothe

witho ut effect ive conse nt; and

(2)

3
4

receiv ed notice that entry on the prope rty by a

licens e holder openly carryi ng a handgu n was for bidden .

(b)

For purpo ses of this sectio n, a person receiv es notice

to
if the owner of the prope rty or someon e with appare nt autho rity
n
act for the owner provid es notice to the person by oral or writte

comm unicat ion.

( c)

In this sect ion:

10
11

"Entry "

( 2)

"Licen se

has

the

meanin g

holder "

the

has

(3)

by

"Writt en commu nicatio n" means:

a card or other docum ent on which is writte n

(A)

16

langua ge identi cal to the follow ing:

17

Penal Code

18

handg un),

19

Govern ment

20

prope rty with a handgu n that is carrie d openly "; or

"Pursu ant to Sectio n 30.07,

(tresp ass by licens e holder

a

person
Code

licens ed

(handg un

( B)

21

under

licens ing

with an openly carri ed

Subch apter
law),

may

H,

not

Chapt er

411,

enter

this

a sign posted on the prope rty that:

(i)

22

includ es

the

langua ge

descri bed

contra sting

colors

by

Parag raph (A) in both Englis h and Spanis h;

(ii)

24

appea rs

in

with

block letter s at least one inch in heigh t; and

(iii)

26

27

assign ed

meanin g

15

25

Sectio n

Sectio n 46.03 5().

14

23

by

assign ed

30.0S (b).

12
13

(1)

is displa yed in a consp icuous manne r

clearl y visibl e to the public at each entran ce to the prope rty.

84R33 798 JSC-D

31

..

H.B. No. 910

1

2
3

4
5
6

8
9

misd emea nor

An offe nse unde r this sect ion is a Clas s C
pt that the offe nse is
puni shab le by a fine not to exce ed $200 , exce
tria l of the offe nse
a Clas s A misd emea nor if it is show n on the
lice nse hold er was
that , afte r ente ring the prop erty , the
unic ation desc ribe d by
pers onal ly give n the noti ce by oral comm
(d)

rt.
Subs ectio n (b) and subs eque ntly faile d to depa
this sect ion
It is an exce ption to the appl icat ion of
(e)
er open ly carr ies the
that the prop erty on whic h the licen se hold
enti ty and is not a
hand gun is owne d or leas ed by a gove rnme ntal

14

se hold er is proh ibite d

prem ises or othe r plac e on whic h the licen
3 or 46.0 35.
from carr ying the hand gun unde r Sect ion 46.0
this sect ion
It is not a defe nse to pros ecut ion unde r
(f)
belt hols ter.
that the hand gun was carr ied in a shou lder or
, is amen ded to
SECTION 45. Sect ion 46.0 2(a- 1), Pena l Code

15

read as follo ws:

10
11
12

13

16

(a-1 )

..
pers on

comm its

an

offe nse

if

the

pers on

20

ies on or abou t his or

inte ntio nall y, know ingly , or reck less ly carr
wate rcra ft that is owne d
her pers on a hand gun in a moto r vehi cle or
at any time in whic h:
by the pers on or unde r the pers on's cont rol
pers on is
(1) the hand gun is in plai n view , unle ss the

21

licen sed

22

in a shou lder or belt

Gove rnme nt Code , and the hand gun is carr ied

23

hols ter; or

17
18
19

24

..

to

carr y

( 2)

hand gun

Subc hapt er

H,

enga ged in crim inal acti vity ,

is a viol atio n of a

26

Clas s C misd emea nor that

27

regu latin g traf fic or boat ing;

84R3 3798 JSC- D

unde r

Chap ter

411,

the per son is:

(A)

25

othe r than a

law or

ordi nanc e

..
32

..

H.B. No. 910

1

(B)

prohi bited by law from posse ssing a firear m;

(C)

or

membe r

defin ed by Secti on 71.01 .

SECTION 46.

read as follow s:

(f)

9
10
11

of

crimi nal

Penal Code,

Sect ion 46. 03 ( f) ,

It is not a

stree t

gang,

is amend ed

as

to

defen se to prose cutio n under this secti on

to carry a "
that the actor posse ssed a handg un and was licen sed
Gover nment
[oeno ealea ] handg un under Subch apter H, Chapt er 411,
Code.
SECTION 47.

Secti on

46.03 5,

Penal

Code,

amend ed

is

by

12

and (j) and

amend ing Subse ction s (a), (b), (c), (d), (g), (h), (i),

13

addin g Subse ction ( a-1) to read as fallow s:

14
15
16
17
18
19
20
21
22

23
24

25
26

27

(a)

licen se holde r

comm its an offen se

if

the

licen se

r's perso n
holde r carri es a handg un on or about the licen se holde
nment Code,
under the autho rity of Subch apter H, Chapt er 411, Gover
of anoth er
and inten tiona lly displ ays the handg un in plain view
catio n of
perso n in a publi c place . It is an excep tion to the appli
y visib le
this subse ction that the handg un was parti ally or wholl
se holde r.
but was carri ed in a shoul der or belt holst er by the licen
holde r
(a-1) Notw ithsta nding Subse ction (a), a licen se

..

parti ally or
comm its an offen se if the licen se holde r carri es a
handg un is
wholl y visib le handg un, regar dless of wheth er the
n under the
holst ered, on or about the licen se holde r's perso
Code, and
autho rity of Sub chapt er H, Chapt er 411, Gover nment
er perso n:
inten tiona lly displ ays the handg un in plain view of anoth
(1)

84R33 798 JSC-D

on

the

prem ises

of

an

insti tutio n

of

highe r

33

..

..

H.B. No. 910

or

educa tion

educa tion; or

(2)

or

priva te

highe r

of

insti tutio n

indep enden t

..
on

any

or

publi c

priva te

stree t,

drive way,

other parki ng
sidew alk or walkw ay, parki ng lot, parki ng garag e, or
priva te or
area of an insti tutio n of highe r educa tion or

indep enden t insti tutio n of highe r educa tion.

8
9
10

(b)

A licen se holde r

comm its

an

offen se

if

the

licen se

es a handg un
holde r inten tiona lly, know ingly, or reckl essly carri
nment Code,
under the autho rity of Subch apter H, Chapt er 411, Gover
carri ed in a
regar dless of wheth er the handg un is conce aled or

12

r's perso n:
shoul der or belt holst er, on or about the licen se holde
or
( 1) on the prem ises of a busin ess that has a perm it

13

licen se

11

14
15
16
17
18

issue d under

Chapt er

25,

32,

28,

69,

or

74,

Alcoh olic

more of its
Bever age Code, if the busin ess deriv es 51 perce nt or
ages for
incom e from the sale or servi ce of alcoh olic bever
Alcoh olic
on-pr emise s consu mptio n, as determ ined by the Texas
age Code;
Bever age Comm ission under Secti on 104.0 6, Alcoh olic Bever
on the prem ises where a high schoo l, colle giate ,

(2)

20

is takin g
or profe ssion al sport ing event or inter scho lastic event
event and a
place , unles s the licen se holde r is a parti cipan t in the

21

handg un is used in the event ;

19

22

(3)

on the prem ises of a corre ction al facil ity;

23

(4)

on

the

prem ises

of

hosp ital

licen sed

under

26

of a nursi ng
Chap ter 241, Healt h and Safet y Code, or on the prem ises
Safet y Code,
facil ity [~] licen sed under Chapt er 242, Healt h and
the hosp ital
unles s the licen se holde r has writt en autho rizati on of

27

e;
or nursi ng facil ity [aeme. ] admi nistra tion, as appro priat

24

25

84R33 798 JSC-D

34

..

..
H.B. No. 910
1

( 5)

in an amus emen t park ; or

(6)

r
on the prem ises of a churc h, synag ogue , or othe

estab lishe d place of relig ious wors hip.

A licen se hold er

( c)

comm its an offen se

if

the

licen se

12

carr ies a handg un

hold er inten tiona lly, know ingly , or reck lessl y
Gove rnme nt Code ,
unde r the auth ority of Subc hapte r H, Chap ter 411,
or carri ed in a
rega rdles s of whet her the handg un is conc ealed
rnme ntal entit y.
shou lder or belt hols ter, at any meet ing of a gove
whil e
if,
comm its an offen se
(d) A licen se hold er
un unde r the ..
intox icate d, the licen se holde r carr ies a handg
nt Code , rega rdles s
auth ority of Subc hapte r H, Chap ter 411, Gove rnme
a shou lder or belt
of whet her the handg un is conc ealed or carri ed in

13

hols ter.

5
6
7

8
9
10
11

(g)

14

er

(G},
An offen se unde r this secti on [a\:l'B seotie H (a}, ('&},
is
is a Class A misd emea nor, unle ss the offen se

( e}]

15

(ti} /

16

comm itted unde r Subs ectio n (b)(l )

17

offen se is a felon y of the third degre e.

(h)

18
19

(a-1) that

or

(b)(3 ),

in whic h even t the

(a) ~
It is a defen se to pros ecuti on unde r Subs ectio n
se,
the acto r, at the time of the comm ission of the offen

21

h the acto r woul d

displ ayed the handg un unde r circu msta nces in whic
ly force unde r
have been justi fied in the use of force or dead

22

Chap ter 9.

20

(i)

23

apply
Subs ectio ns (b) (4), (b) (5), (b) (6), and (c) do not

24

r Sect ion 30.06

if the acto r was not given effec tive notic e unde

25

30.0 7.

26
27

(j)

Subs ectio ns (a),

(a-1) , and (b) (1) do not apply to a

with the rules of

histo rica l reena ctme nt perfo rmed in comp lianc e

84R3 3798 JSC-D

35

H.B. No. 910

1
2
3

the Texas Alcoh olic Bever age Comm ission .

SECTION 48.

Secti on 46.03 5(f), Penal Code,

is amend ed by

addin g Subd ivisio n ( 1-a) to read as follow s:

"Inst itutio n of highe r educa tion" and "priv ate

( 1-a)

4
5

the mean ings

or indep enden t insti tutio n of highe r educa tion" have

assig ned by Secti on 61.00 3, Educa tion Code.

8
9

SECTION 49.

Secti ons

and

46.lS (a)

Penal

(b),

are

Code,

amend ed to read as fallow s:

(a)

Secti ons 46.02 and 46.03 do not apply to:

10

( 1)

11

Artic le 2.122 ,

peace

or

offic ers

speci al

under

inves tigat ors

Code of Crimi nal Proce dure,

and neith er secti on

13

carry ing a
proh ibits a peace offic er or speci al inves tigat or from
in this state
weapo n in this state , inclu ding in an estab lishm ent

14

servi ng the publi c,

12

regar dless of wheth er the peace offic er or

17

arge of the
speci al inves tigato r is engag ed in the actua l disch
n;
offic er's or inves tigat or's dutie s while carry ing the weapo
(2) parol e offic ers and neith er secti on proh ibits an

18

er is:
offic er from carry ing a weapo n in this state if the offic

15
16

(A)

19
20

engag ed

in

the

actua l

disch arge

of

the

offic er's dutie s while carry ing the weapo n; and

(B)

21

in comp liance with polic ies and proce dures

22

ding the
adopt ed by the Texas Depar tment of Crim inal Justi ce regar

23

posse ssion of a weapo n by an offic er while on duty;

24

(3)

comm unity super visio n and corre ction s depar tment

26

Gover nment
offic ers appoi nted or emplo yed under Secti on 76.00 4,
carry ing a
Code, and neith er secti on proh ibits an offic er from

27

weapo n in this state if the offic er is:

25

84R33 798 JSC-D

36

..

,. '

..

H.B . No. 910

(A)

enga ged

in

the

actu al

disc har ge

of

the

wea pon; and

off ice r's dut ies whi le carr yin g the
er Sec tion
(B) auth oriz ed to carr y a wea pon und

76.0 051 , Gov ernm ent Cod e;

13

by Sec tion
an acti ve jud icia l offi cer as defi ned
nse d to carr y a [con cea lee]
411 .201 , Gov ernm ent Cod e, who is lice
411 , Gov ernm ent Cod e;
hand gun und er Sub cha pter H, Cha pter
r, qua lifi ed
an hon or ably reti red pea ce off ice
( 5)
era l crim inal inv esti gat or, or
reti red law enfo rcem ent off ice r, fed
cer who hold s a cer tifi cat e of
form er rese rve law enfo rcem ent offi
1. 357 , Occ upa tion s Cod e, and is
pro fici enc y issu ed und er Sec tion 170
t is issu ed by a fed era l, sta te,
carr yin g a pho to iden t if ica t ion tha
app lica ble , and tha t ver ifie s
or loc al law enfo rcem ent agen cy, as

14

tha t the off ice r is:

5
6
7
8

10
11
12

(4)

..

15

(A)

an hon orab ly reti red pea ce off ice r;

16

(B)

off ice r;
a qua lifi ed reti red law enfo rcem ent

17

(C)

a fed eral crim inal inv esti gat or; or

23

ice r who
a form er rese rve law enfo rcem ent off
than a tota l of 15 yea rs with
has serv ed in tha t cap acit y not less
ent age ncie s;
one or mor e stat e or loc al law enfo rcem
tric t atto rne y,
(6) a dis tric t atto rne y, crim inal dis
y who is lice nse d to carr y a
cou nty atto rne y, or mun icip al atto rne
H, Cha pter 411 , Gov ernm ent
[con cea lee] hand gun und er Sub cha pter

24

Cod e;

18
19
20
21

22

25

..

(D)

(7)

an

ass ista nt

dis tric t

atto rne y,

ass ista nt

is
or ass ista nt cou nty atto rne y who

26

crim inal dis tric t atto rne y,

27

gun und er Sub cha pter H, Cha pter

lice nse d to carr y a [eon eeal ee] hand

84R 3379 8 JSC -D

37

..

..

H.B. No. 910

1

2
3

4
5

6
7

8
9

411, Gove rnme nt Code ;

(8)

offi cer
a bail iff desi gnat ed by an acti ve judi cial

, who is:
as defi ned by Sect ion 411. 201, Gove rnme nt Code
r
licen sed to carr y a [ coRc ealed ) hand gun unde
(A)
and
Subc hapt er H, Chap ter 411, Gove rnme nt Code ;
cer; or
( B} enga ged in esco rting the judi cial offi
(9)

ed to
a juve nile prob ation offi cer who is auth oriz

n Reso urce s Code .

carr y a firea rm unde r Sect ion 142. 006, Huma
Sect ion 46. 02 does not appl y to a per son who:
( b)

12

es as a
is in the actu al disc harg e of offi cial duti
forc es as defi ned by
mem ber of the arme d forc es or stat e mili tary
d empl oyed by a pena l
Sect ion 437. 001, Gove rnme nt Code , or as a guar

13

inst itut ion;

10
11

14

(1)

(2)

is trav elin g;

17

othe r
is enga ging in lawf ul hunt ing, fish ing, or
wher e the acti vity is
spor ting acti vity on the imm ediat e prem ises
ises and the acto r's
cond ucte d, or is en rout e betw een the prem

18

if the weap on is a type

resid ence , moto r vehi cle, or wate rcra ft,

19

comm only used in the acti vity ;

15

16

20
21

(3)

(4)

Texa s Priv ate Secu rity Boar d,

if the pers on is enga ged

in the

24
25

;
and carr ying the offi cer' s weap on in plai n view

23

26
27

..

by the
hold s a secu rity offi cer comm issio n issu ed

cer comm issio ned unde r

perf orma nce of the pers on's duti es as an offi
elin g to or from the
Chap ter 1702 , Occu patio ns Code , or is trav
the offi cer' s unif orm
pers on's plac e of assig nme nt and is wear ing

22

"

carr ies
acts as a pers onal prot ecti on offi cer and
and pers onal prot ecti on
the pers on's secu rity offi cer comm issio n
(5)

84R3 3798 JSC- D

38

..

H.B. No. 910

1

officer authorization, if the per son:

(A)

as

is engaged in the performance of the per son's

duties

Occupations Code, or is traveling to or from the person's place of

assignment; and

personal

( B)

protect ion

officer

under

Chapter

1702 '

is either:
(i)

wearing

the

uniform

of

security

officer,

1702.323(d), Occupations Code, and carrying the officer's weapon in

10

including any uniform or apparel described by Section

plain view; or

11
12
13

(ii)

not wearing the uniform of a security

officer and carrying the officer's weapon in a concealed manner;

(6)

14

is carrying..:_
(A)

[oonoealed handgun

and

valid]

license

15

issued under Subchapter H, Chapter 411, Government Code, to carry a

16

[concealed] handgun; and

17

( B)

a handgun:

18

( i)

19

(ii)

20

(7)

in a concealed manner; or
in a shoulder or belt holster;

holds an alcoholic beverage permit or license or

21

is an employee of a holder

22

license if the person is supervising the operation of the permitted

23

or licensed premises; or

24

(8)

of an alcoholic beverage permit

or

is a student in a law enforcement class engaging in

25

an activity required as part of the class, if the weapon is a type

26

commonly used in the activity and the person is:

(A)

27

84R33798 JSC-D

on the immediate premises where the activity

39

H.B. No. 910

1

is conducted; or

(B)

route

between

those

premises

and

the

Code,

is

person's residence and is carrying the weapon unloaded.

SECTION 50.

en

Section

Government

411.171(3),

repealed.
SECTION 51.

The change in law made by this Act relating to

the

authority of a

handgun applies

effective date of this Act by any person who:

10

(1)

to

license holder
the

carrying of

to

openly carry a

holstered

handgun on or

after

the

holds a license issued under Subchapter H, Chapter

11

411, Government Code, regardless of whether the person's license

12

was issued before, on, or after the effective date of this Act; or

(2)

13

applies for the issuance of a license under that

14

sub chapter,

15

license before, on, or after the effective date of this Act.

16

regardless

SECTION 52.

of

whether

the

person

applied

for

the

The changes in law made by this Act to Sections

17

62.082 and 284.001, Parks and Wildlife Code, and to Sections 30.05,

18

30.06, 46.02, 46.03, 46.035, and 46.15, Penal Code, apply only to an

19

offense committed on or after the effective date of this Act.

20

offense committed before the effective date of this Act is governed

21

by the law in effect on the date the offense was committed, and the

22

former law is continued in effect for that purpose.

23

this section, an offense was committed before the effective date of

24

this Act if any element of the offense occurred before that date.

25
26

An
~

SECTION 53.

Except as otherwise provided by this Act, this

Act takes effect January 1, 2016.

84R33798 JSC-D

For purposes of

40

House Bill 910

Conference Committee Report
Section-by-Section Analysis

HOUSE VERSION

CONFERENCE

SENA TE VERSION (IE)

SECTIONS 1 -28.

SECTIONS I -28. Same as House version.

SECTIONS 1 -28. Same as House version.

SECTION 29. Subchapter H, Chapter 411, Government

Code, is amended by adding Section 411.2049 to read as
follows:
Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND
lNQUIRIES PROHIBITED. A peace officer mav not make
an investigatory stop or other temporary detention to inquire
as to whether a person possesses a handgun license solely
because the person is carrying a partially or wholly visible
handgun carried in a shoulder or belt holster.

Subchapter H, Chapter 411, Government

SECTION
Code, is amended by adding Section 411.2049 to read as
follows:
Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND
INQUIRIES PROHIBITED. A peace officer may not make
an investigatory stop or other temporary detention to inquire
as to a person's possession of a handgun license solely
because the person is carrying in a shoulder or belt holster a
partially or wholly visible handgun. [F A9]

No equivalent provision.

SECTIONS 30 - 54.

SECTIONS 29 - 53. Same as House version.

Associated CCR Draft: 84R33798

[The conference committee may have exceeded the limitations

imposed on its jurisdiction, but only the presiding officer can
make the final determination on this issue.}

SECTIONS 29 - 53. Same as House version.

15.148.296

LEGISLATIVE BUDGET BOARD

Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
May 28, 2015
TO: Honorable Dan Patrick, Lieutenant Governor, Senate
Honorable Joe Straus, Speaker of the House, House of Representatives
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB910 by Phillips (Relating to the authority of a person who is licensed to carry a
handgun to openly carry a holstered handgun; creating criminal offenses. ), Conference

Committee Report
No significant fiscal implication to the State is anticipated.
The bill would amend various codes to authorize individuals to obtain a license to carry openly a
holstered handgun in all the places that allow the licensed carrying of a concealed handgun. The
bill would amend the Government Code to authorize the Department of Public Safety to issue a
license to carry an unconcealed holstered handgun, using the same criteria currently in place for a
concealed handgun license.
The bill would also amend certain provisions subject to a criminal penalty. This analysis assumes
the provisions of the bill addressing felony sanctions for criminal offenses would not result in a
significant impact on state correctional agencies.
It is assumed implementing the provisions of the bill could be absorbed within current

appropriation levels. The bill would take effect January 1, 2016.

Local Government Impact

The bill would create new misdemeanor offenses. A Class A misdemeanor is punishable by a fine
of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class C
misdemeanor is punishable by a fine of not more than $500. In addition to the fine, punishment
can include up to 180 days of deferred disposition. Costs associated with enforcement and
prosecution could likely be absorbed within existing resources. Costs associated with
enforcement, prosecution, and confinement could likely be absorbed within existing resources.
Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.

Source Agencies: 405 Department of Public Safety

LBB Staff: UP, JAW, JPo, ESi, Al, SD, KVe, AG

Page 1 of 1

LEGISLATIVE BUDGET BOARD

Austin, Texas
CRIMINAL JUSTICE IMPACT STATEMENT
84TH LEGISLATIVE REGULAR SESSION
May 28, 2015
TO: Honorable Dan Patrick, Lieutenant Governor, Senate
Honorable Joe Straus, Speaker of the House, House of Representatives
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB910 by Phillips (Relating to the authority of a person who is licensed to carry a
handgun to openly carry a holstered handgun; creating criminal offenses. ), Conference
Committee Report

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend
the Penal Code to allow licensed citizens to openly cany a handgun in a shoulder or belt holster, except in
certain locations associated with institutions of higher education. Under current law, unlawful carrying of a
handgun by a license holder and unlawful carrying of a weapon are a Class A misdemeanor or a third degree
felony, depending upon the circumstances of the offense. A Class A misdemeanor is punishable by
confinement in jail for a term not to exceed one year and an optional fine to exceed $4,000. A third degree
felony is punishable by confinement in prison for a term of two to 10 years and an optional fine not to exceed
$10,000.
In fiscal year 2014, 183 individuals were arrested, 52 were placed under felony supervision, and 37 were
admitted into state correctional institutions for unlawfully carrying a weapon. In fiscal year 2014, 17
individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10
were admitted into state correctional institutions for the offense of unlawfully carrying a handgun by a license
holder. A statewide repository containing the level of detail necessary to isolate those individuals who openly
carried a handgun in a shoulder or belt holster and had a valid license to cany a handgun at the time of the
offense from all other individuals arrested and convicted under the statutes referenced by the bill is not
currently available. This analysis assumes any reduction in correctional populations as a result of
implementing the provisions of the bill would not result in a significant impact on state correctional
populations, programs, or workloads.

Source Agencies:
LBB Staff: UP, ESi, LM, JPo

Page 1 of 1

Certification of Compliance with

Rule 13, Section 6(b ), House Rules of Procedure
Rule 13, Section 6(b), House Rules of Procedure, requires a copy of a conference committee
report signed by a majority of each committee of the conference to be furnished to each member
of the committee in person or, if unable to deliver in person. by placing a copy in the member's
newspaper mailbox at least one hour before the report is furnished to each member of the house
under Rule 13, Section 1O(a). The paper copies of the report submitted to the chief clerk under
Rule 13. Section IO(b), must contain a certificate that the requirement of Rule 13, Section 6(b),
has been satisfied, and that certificate must be attached to the copy of the report furnished to each
member under Rule 13, Section 1O(d). Failure to comply with this requirement is not a
sustainable point of order under Rule 13.

\~ ')} Q

I certify that a copy of the conference committee report on

was furnished to
each member of the conference committee in compliance with Rule 13, Section 6(b ), House
Rules of Procedure, before submission of the paper copies of the report to the chief clerk under
Rule 13 , Section I O(b), House Rules of Procedure.

S-t--CCJ- ; )
(name)

(date)