Bill Text: TX HB357 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the carrying of a firearm by a person who is not otherwise prohibited from possessing the firearm and to criminal offenses otherwise related to the carrying of a firearm; creating criminal offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-11-14 - Filed [HB357 Detail]

Download: Texas-2019-HB357-Introduced.html
  86R263 JSC-D
 
  By: Stickland H.B. No. 357
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of a firearm by a person who is not
  otherwise prohibited from possessing the firearm and to criminal
  offenses otherwise related to the carrying of a firearm; creating
  criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Texas
  Constitutional Carry Act of 2019.
         SECTION 2.  Section 46.02, Penal Code, is amended by
  amending Subsections (a) and (d) and adding Subsections (a-5) and
  (a-6) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a [handgun or] club; and
               (2)  is not:
                     (A)  on the person's own premises or premises
  under the person's control; or
                     (B)  inside of or directly en route to a motor
  vehicle or watercraft that is owned by the person or under the
  person's control.
         (a-5)  A person commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a handgun;
               (2)  is younger than 21 years of age at the time of the
  offense; and
               (3)  is not:
                     (A)  on the person's own premises or premises
  under the person's control; or
                     (B)  inside of or directly en route to a motor
  vehicle or watercraft that is owned by the person or under the
  person's control.
         (a-6)  It is an exception to the application of Subsection
  (a-5) that the actor holds a license issued under Subchapter H,
  Chapter 411, Government Code.
         (d)  An offense under Subsection (a-4) or (a-5) is a Class C
  misdemeanor.
         SECTION 3.  Sections 46.03(e-1), (e-2), and (f), 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 not
  prohibited from possessing [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 not prohibited from possessing [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.
         (f)  Except as provided by Subsection (e-1), it is not a
  defense to prosecution under this section that the actor possessed
  a handgun and was:
               (1)  licensed to carry a handgun under Subchapter H,
  Chapter 411, Government Code; or
               (2)  not otherwise prohibited from possessing a
  firearm.
         SECTION 4.  Chapter 46, Penal Code, is amended by adding
  Section 46.032 to read as follows:
         Sec. 46.032.  CARRYING OF HANDGUN. Except as otherwise
  provided by this chapter or other law, a person 21 years of age or
  older who is not prohibited from possessing a firearm under Section
  46.04 or other law is not prohibited from carrying:
               (1)  a concealed handgun; or
               (2)  a partially or wholly visible handgun in a
  holster.
         SECTION 5.  The heading to Section 46.035, Penal Code, is
  amended to read as follows:
         Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
  HOLDER].
         SECTION 6.  Section 46.035, Penal Code, is amended by
  amending Subsections (a), (b), (c), and (d) and adding Subsection
  (d-1) to read as follows:
         (a)  A person [license holder] 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 [license holder] 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;
               (5)  in an amusement park;
               (6)  on the premises of a church, synagogue, or other
  established place of religious worship; or
               (7)  on the premises of a civil commitment facility.
         (c)  A person [license holder] 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 [license holder] 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.
         (d-1)  A person commits an offense if the person
  intentionally, knowingly, or recklessly carries a handgun when the
  person is:
               (1)  engaged in criminal activity, other than a Class C
  misdemeanor that is a violation of a law or ordinance regulating
  traffic or boating; or
               (2)  prohibited by law from possessing a firearm.
         SECTION 7.  Section 46.035(f), Penal Code, is amended by
  adding Subdivision (1-b) to read as follows:
               (1-b)  "Intoxicated" has the meaning assigned by
  Section 49.01.
         SECTION 8.  Section 46.035(h-1), Penal Code, as added by
  Chapter 1214 (H.B. 1889), 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)
  and (c) that the actor, at the time of the commission of the
  offense, was:
               (1)  an active judicial officer, as defined by Section
  411.201, Government Code; [or]
               (2)  a bailiff designated by the active judicial
  officer and engaged in escorting the officer;
               (3)  a judge or justice of a federal court; or
               (4)  the attorney general or a United States attorney,
  assistant United States attorney, assistant attorney general,
  district attorney, assistant district attorney, criminal district
  attorney, assistant criminal district attorney, county attorney,
  or assistant county attorney.
         SECTION 9.  Sections 46.15(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  Sections 46.02, [and] 46.03, and 46.035(b) and (c) do
  not apply to:
               (1)  peace officers or special investigators under
  Article 2.122, Code of Criminal Procedure, and none of those
  sections prohibit [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 none of those sections
  prohibit [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 none of those sections prohibit [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)  the attorney general or a United States attorney,
  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 United States attorney, assistant
  attorney general, 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;
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code; or
               (10)  a person who is volunteer emergency services
  personnel if the person is:
                     (A)  carrying a handgun under the authority of
  Subchapter H, Chapter 411, Government Code; and
                     (B)  engaged in providing emergency services.
         (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 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;
               [(7)]  holds an alcoholic beverage permit or license or
  is an employee of a holder of an alcoholic beverage permit or
  license if the person is supervising the operation of the permitted
  or licensed premises; or
               (7) [(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 10.  Chapter 507, Business & Commerce Code, is
  amended to read as follows:
  CHAPTER 507.  LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
  VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
         Sec. 507.001.  [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
  AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
  holder of a [concealed] handgun license issued under Subchapter H,
  Chapter 411, Government Code, access to goods, services, or
  facilities, except as provided by Section 521.460, Transportation
  Code, or in regard to the operation of a motor vehicle, because the
  holder has or presents a [concealed] handgun license rather than a
  driver's license or other acceptable form of personal
  identification.
         (b)  This section does not affect[:
               [(1)     the requirement under Section 411.205,
  Government Code, that a person subject to that section present a
  driver's license or identification certificate in addition to a
  concealed handgun license; or
               [(2)]  the types of identification required under
  federal law to access airport premises or pass through airport
  security.
         SECTION 11.  Section 51.220(g), Education Code, is amended
  to read as follows:
         (g)  A public junior college employee's status as a school
  marshal becomes inactive on:
               (1)  expiration of the employee's school marshal
  license under Section 1701.260, Occupations Code;
               (2)  suspension or revocation of the employee's license
  to carry a [concealed] handgun issued under Subchapter H, Chapter
  411, Government Code;
               (3)  termination of the employee's employment with the
  public junior college; or
               (4)  notice from the governing board of the public
  junior college that the employee's services as school marshal are
  no longer required.
         SECTION 12.  Section 231.302(c-1), Family Code, is amended
  to read as follows:
         (c-1)  For purposes of issuing a license to carry a
  [concealed] handgun under Subchapter H, Chapter 411, Government
  Code, the Department of Public Safety is not required to request,
  and an applicant is not required to provide, the applicant's social
  security number.
         SECTION 13.  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 14.  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 15.  Section 411.190(c), Government Code, is amended
  to read as follows:
         (c)  In the manner applicable to a person who applies for a
  license to carry a handgun, the department shall conduct a
  background check of a person who applies for certification as a
  qualified handgun instructor or approved online course provider.
  If the background check indicates that the applicant for
  certification would not qualify to receive a handgun license, the
  department may not certify the applicant as a qualified handgun
  instructor or approved online course provider. If the background
  check indicates that the applicant for certification would qualify
  to receive a handgun license, the department shall provide handgun
  instructor or online course provider training to the applicant.
  The applicant shall pay a fee of $100 to the department for the
  training. The applicant must take and successfully complete the
  training offered by the department and pay the training fee before
  the department may certify the applicant as a qualified handgun
  instructor or approved online course provider. The department
  shall issue a license to carry a handgun under [the authority of]
  this subchapter to any person who is certified as a qualified
  handgun instructor or approved online course provider and who pays
  to the department a fee of $40 in addition to the training fee. The
  department by rule may prorate or waive the training fee for an
  employee of another governmental entity.
         SECTION 16.  Sections 411.201(c), (e), and (h), Government
  Code, are amended to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a handgun under [the authority of] this subchapter. A retired
  judicial officer is eligible for a license to carry a handgun under
  [the authority of] this subchapter if the officer:
               (1)  has not been convicted of a felony;
               (2)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense;
               (3)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense or of a felony under an
  information or indictment;
               (4)  is not a chemically dependent person; and
               (5)  is not a person of unsound mind.
         (e)  On receipt of all the application materials required by
  this section, the department shall:
               (1)  if the applicant is an active judicial officer,
  issue a license to carry a handgun under [the authority of] this
  subchapter; or
               (2)  if the applicant is a retired judicial officer,
  conduct an appropriate background investigation to determine the
  applicant's eligibility for the license and, if the applicant is
  eligible, issue a license to carry a handgun under [the authority
  of] this subchapter.
         (h)  The department shall issue a license to carry a handgun
  under [the authority of] this subchapter to a United States
  attorney or an assistant United States attorney, or to an attorney
  elected or employed to represent the state in the prosecution of
  felony cases, who meets the requirements of this section for an
  active judicial officer. The department shall waive any fee
  required for the issuance of an original, duplicate, or renewed
  license under this subchapter for an applicant who is a United
  States attorney or an assistant United States attorney or who is an
  attorney elected or employed to represent the state in the
  prosecution of felony cases.
         SECTION 17.  Section 411.203, Government Code, is amended to
  read as follows:
         Sec. 411.203.  RIGHTS OF EMPLOYERS. (a) This subchapter
  does not prevent or otherwise limit the right of a public or private
  employer to prohibit persons who are licensed under this subchapter
  or not otherwise prohibited from possessing a firearm from carrying
  a handgun or other firearm on the premises of the business.
         (b)  In this section, "premises" has the meaning assigned by
  Section 46.035(f) [46.035(f)(3)], Penal Code.
         SECTION 18.  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, regardless of whether the person is licensed under this
  subchapter, 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 19.  The heading to Section 411.206, Government
  Code, is amended to read as follows:
         Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.
         SECTION 20.  Sections 411.206(a) and (c), Government Code,
  are amended to read as follows:
         (a)  If a peace officer arrests and takes into custody a
  person [license holder] who is carrying a handgun [under the
  authority of this subchapter], the officer shall seize the person's
  [license holder's] handgun. The peace officer also shall seize the
  person's handgun [and] license as evidence if the person holds a
  handgun license under this subchapter and is carrying the license
  at the time of the arrest.
         (c)  Any judgment of conviction entered by any court for an
  offense under Section 46.035, Penal Code, must contain the handgun
  license number of the convicted person, if the person is a handgun
  license holder. A certified copy of the judgment is conclusive and
  sufficient evidence to justify revocation of a license under
  Section 411.186(a)(4).
         SECTION 21.  Section 411.207, Government Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (a-1)
  to read as follows:
         (a)  A peace officer who is acting in the lawful discharge of
  the officer's official duties may disarm a person, including a
  license holder, who is carrying a handgun at any time the officer
  reasonably believes it is necessary for the protection of the
  person [license holder], officer, or another individual. The peace
  officer shall return the handgun to the person [license holder]
  before discharging the person [license holder] from the scene if
  the officer determines that the person:
               (1)  [license holder] is not a threat to the officer,
  person [license holder], or another individual;
               (2)  [and if the license holder] has not violated any
  provision of this subchapter or committed any other violation that
  results in the arrest of the person; and
               (3)  is not prohibited from possessing a firearm
  [license holder].
         (a-1)  A peace officer may not disarm or detain a person
  under Subsection (a) solely because the person is carrying a
  handgun.
         (b)  A peace officer who is acting in the lawful discharge of
  the officer's official duties may [temporarily] disarm only
  temporarily a person, regardless of whether the person is a license
  holder, when the person [a license holder] enters a nonpublic,
  secure portion of a law enforcement facility.  The[, if the] law
  enforcement agency shall provide [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,
  regardless of whether the person is a license holder, 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 22.  The heading to Section 411.209, Government
  Code, is amended to read as follows:
         Sec. 411.209.  WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
  [LICENSE HOLDER].
         SECTION 23.  Section 411.209, Government Code, is amended by
  amending Subsections (a), (d), and (f) and adding Subsection (d-1)
  to read as follows:
         (a)  Except as provided by Subsection (i), a state agency or
  a political subdivision of the state may not provide notice by a
  communication described by Section 30.06 or 30.07, Penal Code, or
  by any sign expressly referring to either of those provisions [that
  law or to a license to carry a handgun], that a person who is
  [license holder] carrying a handgun [under the authority of this
  subchapter] is prohibited from entering or remaining on a premises
  or other place owned or leased by the governmental entity unless a
  person is [license holders are] prohibited from carrying a handgun
  on the premises or other place by Section 46.03 or 46.035, Penal
  Code, or other law.
         (d)  A resident of this state or a person licensed to carry a
  handgun under this subchapter may file a complaint with the
  attorney general that a state agency or political subdivision is in
  violation of Subsection (a) if the resident or license holder 
  [person] provides the agency or subdivision a written notice that
  describes the violation [and specific location of the sign found to
  be in violation] and the agency or subdivision does not cure the
  violation before the end of the third business day after the date of
  receiving the written notice. The written notice provided under
  this subsection must include a copy of any document alleged to be in
  violation or must describe the specific location of any sign found
  to be in violation.
         (d-1)  A complaint filed with the attorney general under
  Subsection (d) [this subsection] must include evidence of the
  violation and a copy of the written notice provided to the agency or
  subdivision.
         (f)  Before a suit may be brought against a state agency or a
  political subdivision of the state for a violation of Subsection
  (a), the attorney general must investigate the complaint to
  determine whether legal action is warranted. If legal action is
  warranted, the attorney general must give the chief administrative
  officer of the agency or political subdivision charged with the
  violation a written notice that:
               (1)  describes the violation and includes the
  information described by Subsection (d) [specific location of the
  sign found to be in violation];
               (2)  states the amount of the proposed penalty for the
  violation; and
               (3)  gives the agency or political subdivision 15 days
  from receipt of the notice to [remove the sign and] cure the
  violation to avoid the penalty, unless the agency or political
  subdivision was found liable by a court for previously violating
  Subsection (a).
         SECTION 24.  Section 12.092(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The medical advisory board shall assist the Department
  of Public Safety of the State of Texas in determining whether:
               (1)  an applicant for a driver's license or a license
  holder is capable of safely operating a motor vehicle; or
               (2)  an applicant for or holder of a license to carry a
  handgun under [the authority of] Subchapter H, Chapter 411,
  Government Code, or an applicant for or holder of a commission as a
  security officer under Chapter 1702, Occupations Code, is capable
  of exercising sound judgment with respect to the proper use and
  storage of a handgun.
         SECTION 25.  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 not prohibited from possessing a firearm [licensed to
  carry the handgun under Subchapter H, Chapter 411, Government
  Code].
         SECTION 26.  Section 52.062(a), Labor Code, is amended to
  read as follows:
         (a)  Section 52.061 does not:
               (1)  authorize a person who is not prohibited from
  possessing [holds a license to carry a handgun under Subchapter H,
  Chapter 411, Government Code, who otherwise lawfully possesses] a
  firearm[,] or [who lawfully possesses] ammunition to possess a
  firearm or ammunition on any property where the possession of a
  firearm or ammunition is prohibited by state or federal law; or
               (2)  apply to:
                     (A)  a vehicle owned or leased by a public or
  private employer and used by an employee in the course and scope of
  the employee's employment, unless the employee is required to
  transport or store a firearm in the official discharge of the
  employee's duties;
                     (B)  a school district;
                     (C)  an open-enrollment charter school, as
  defined by Section 5.001, Education Code;
                     (D)  a private school, as defined by Section
  22.081, Education Code;
                     (E)  property owned or controlled by a person,
  other than the employer, that is subject to a valid, unexpired oil,
  gas, or other mineral lease that contains a provision prohibiting
  the possession of firearms on the property; or
                     (F)  property owned or leased by a chemical
  manufacturer or oil and gas refiner with an air authorization under
  Chapter 382, Health and Safety Code, and on which the primary
  business conducted is the manufacture, use, storage, or
  transportation of hazardous, combustible, or explosive materials,
  except in regard to an employee who is not prohibited from
  possessing a firearm or ammunition [holds a license to carry a
  handgun under Subchapter H, Chapter 411, Government Code,] and
  [who] stores the [a] firearm or ammunition [the employee is
  authorized by law to possess] in a locked, privately owned motor
  vehicle in a parking lot, parking garage, or other parking area the
  employer provides for employees that is outside of a secured and
  restricted area:
                           (i)  that contains the physical plant;
                           (ii)  that is not open to the public; and
                           (iii)  the ingress into which is constantly
  monitored by security personnel.
         SECTION 27.  Section 191.010(a), Local Government Code, is
  amended to read as follows:
         (a)  In this section, "photo identification" means one of the
  following forms of photo identification:
               (1)  a driver's license, election identification
  certificate, or personal identification card issued to the person
  by any state or territory of the United States that has not expired
  or that expired no earlier than 60 days before the date of
  presentation;
               (2)  a United States military identification card that
  contains the person's photograph that has not expired or that
  expired no earlier than 60 days before the date of presentation;
               (3)  a United States citizenship certificate issued to
  the person that contains the person's photograph;
               (4)  a United States Permanent Resident Card that has
  not expired or that expired no earlier than 60 days before the date
  of presentation;
               (5)  an identification card issued by a municipality
  intended to serve as a general identification card for the holder
  that has not expired or that expired no earlier than 60 days before
  the date of presentation;
               (6)  a federally recognized tribal enrollment card or
  other form of tribal identification that has not expired or that
  expired no earlier than 60 days before the date of presentation;
               (7)  a United States passport or a passport issued by a
  foreign government recognized by the United States issued to the
  person that has not expired or that expired no earlier than 60 days
  before the date of presentation; or
               (8)  a license to carry a [concealed] handgun issued to
  the person by the Department of Public Safety that has not expired
  or that expired no earlier than 60 days before the date of
  presentation.
         SECTION 28.  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 carried
  by a person not prohibited from possessing a firearm [under
  Subchapter H, Chapter 411, Government Code], at a:
                     (A)  [public park;
                     [(B)]  public meeting of a municipality, county,
  or other governmental body;
                     [(C)     political rally, parade, or official
  political meeting;] or
                     (B) [(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 29.  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 [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 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 is not
  prohibited from possessing a firearm [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; 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 30.  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 [of
  a license holder] to carry a handgun [under the authority of
  Subchapter H, Chapter 411, Government Code].
         SECTION 31.  Section 30.05(f), Penal Code, is amended to
  read as follows:
         (f)  It is a defense to prosecution under this section that:
               (1)  the basis on which entry on the property or land or
  in the building was forbidden is that entry with a firearm [handgun]
  was forbidden; and
               (2)  the person was carrying[:
                     [(A)     a license issued under Subchapter H, Chapter
  411, Government Code, to carry a handgun; and
                     [(B)]  a handgun:
                     (A) [(i)]  in a concealed manner; or
                     (B) [(ii)]  in a [shoulder or belt] holster.
         SECTION 32.  The heading to Section 30.06, Penal Code, is
  amended to read as follows:
         Sec. 30.06.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
  CONCEALED HANDGUN.
         SECTION 33.  Sections 30.06(a), (c), (d), and (e), Penal
  Code, are amended to read as follows:
         (a)  A person [license holder] commits an offense if the
  person [license holder]:
               (1)  carries a concealed handgun [under the authority
  of Subchapter H, Chapter 411, Government Code,] on property of
  another without effective consent; and
               (2)  received notice that entry on the property by a
  person [license holder] with a concealed handgun was forbidden.
         (c)  In this section:
               (1)  "Entry" has the meaning assigned by Section
  30.05(b).
               (2)  ["License holder" has the meaning assigned by
  Section 46.035(f).
               [(3)]  "Written communication" means:
                     (A)  a card or other document on which is written
  language identical to the following:  "Pursuant to Section 30.06,
  Penal Code (trespass by person [license holder] with [a] concealed
  handgun), a person [licensed under Subchapter H, Chapter 411,
  Government Code (handgun licensing law),] may not enter this
  property with a concealed handgun"; or
                     (B)  a sign posted on the property that:
                           (i)  includes the language described by
  Paragraph (A) in both English and Spanish;
                           (ii)  appears in contrasting colors with
  block letters at least one inch in height; and
                           (iii)  is displayed in a conspicuous manner
  clearly visible to the public at each entrance to the property.
         (d)  An offense under this section is a Class C misdemeanor
  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, after entering the property, the person [license holder] was
  personally given the notice by oral communication described by
  Subsection (b) and subsequently failed to depart.
         (e)  It is an exception to the application of this section
  that the property on which the person [license holder] carries a
  handgun is owned or leased by a governmental entity and is not a
  premises or other place on which the person [license holder] is
  prohibited from carrying the handgun under Section 46.03 or 46.035
  or other law.
         SECTION 34.  The heading to Section 30.07, Penal Code, is
  amended to read as follows:
         Sec. 30.07.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
  OPENLY CARRIED HANDGUN.
         SECTION 35.  Sections 30.07(a), (c), (d), (e), and (f),
  Penal Code, are amended to read as follows:
         (a)  A person [license holder] commits an offense if the
  person [license holder]:
               (1)  openly carries a handgun [under the authority of
  Subchapter H, Chapter 411, Government Code,] on property of another
  without effective consent; and
               (2)  received notice that entry on the property by a
  person [license holder] openly carrying a handgun was forbidden.
         (c)  In this section:
               (1)  "Entry" has the meaning assigned by Section
  30.05(b).
               (2)  ["License holder" has the meaning assigned by
  Section 46.035(f).
               [(3)]  "Written communication" means:
                     (A)  a card or other document on which is written
  language identical to the following:  "Pursuant to Section 30.07,
  Penal Code (trespass by person [license holder] with [an] openly
  carried handgun), a person [licensed under Subchapter H, Chapter
  411, Government Code (handgun licensing law),] may not enter this
  property with a handgun that is carried openly"; or
                     (B)  a sign posted on the property that:
                           (i)  includes the language described by
  Paragraph (A) in both English and Spanish;
                           (ii)  appears in contrasting colors with
  block letters at least one inch in height; and
                           (iii)  is displayed in a conspicuous manner
  clearly visible to the public at each entrance to the property.
         (d)  An offense under this section is a Class C misdemeanor
  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, after entering the property, the person [license holder] was
  personally given the notice by oral communication described by
  Subsection (b) and subsequently failed to depart.
         (e)  It is an exception to the application of this section
  that the property on which the person [license holder] openly
  carries a [the] handgun is owned or leased by a governmental entity
  and is not a premises or other place on which the person [license
  holder] is prohibited from carrying the handgun under Section 46.03
  or 46.035 or other law.
         (f)  It is not a defense to prosecution under this section
  that the handgun was carried in a [shoulder or belt] holster.
         SECTION 36.  The following provisions are repealed:
               (1)  Sections 11.041, 11.61(e), 61.11, and 61.71(f),
  Alcoholic Beverage Code;
               (2)  Sections 411.204(d) and 411.205, Government Code;
               (3)  Sections 46.02(a-1) and 46.15(j), Penal Code; and
               (4)  Section 46.035(h-1), Penal Code, as added by
  Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
  Session, 2007.
         SECTION 37.  The change in law made by this Act relating to
  the carrying of a handgun applies to the carrying of a handgun on or
  after the effective date of this Act by any person not prohibited
  from possessing a firearm.
         SECTION 38.  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 39.  This Act takes effect September 1, 2019.
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