85R8501 JSC-F
	By: White	H.B. No. 1911

	A BILL TO BE ENTITLED
	AN ACT
	relating to granting authority to carry a firearm to an unlicensed
	person who otherwise meets certain requirements for a handgun
	license and to related criminal offenses; creating a criminal
	offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 506, Business & Commerce Code, as added
	by Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	CHAPTER 506.  LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
	VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
	Sec. 506.001.  [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 or other proof of identity on
	the request of a magistrate or peace officer [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 2.  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 3.  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 4.  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 5.  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 6.  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. If the background check indicates
	that the applicant for certification would not qualify to receive a
	handgun license, the department may not certify the applicant as a
	qualified handgun instructor. If the background check indicates
	that the applicant for certification would qualify to receive a
	handgun license, the department shall provide handgun instructor
	training to the applicant. The applicant shall pay a fee of $100 to
	the department for the training. The applicant must take and
	successfully complete the training offered by the department and
	pay the training fee before the department may certify the
	applicant as a qualified handgun instructor. The department shall
	issue a license to carry a handgun under [the authority of] this
	subchapter to any person who is certified as a qualified handgun
	instructor and who pays to the department a fee of $100 in addition
	to the training fee. The department by rule may prorate or waive
	the training fee for an employee of another governmental entity.
	SECTION 7.  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 an elected attorney
	representing the state in the prosecution of felony cases who meets
	the requirements of this section for an active judicial officer.
	The department shall waive any fee required for the issuance of an
	original, duplicate, or renewed license under this subchapter for
	an applicant who is an attorney elected or employed to represent the
	state in the prosecution of felony cases.
	SECTION 8.  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 otherwise legally authorized to carry a handgun or other 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 9.  Section 411.204(c), Government Code, is amended
	to read as follows:
	(c)  The sign required under Subsections (a) and (b) must
	give notice in both English and Spanish that it is unlawful for a
	person, including a person licensed under this subchapter or a
	person otherwise legally authorized to carry a handgun, to carry a
	handgun on the premises. The sign must appear in contrasting colors
	with block letters at least one inch in height and must include on
	its face the number "51" printed in solid red at least five inches
	in height. The sign shall be displayed in a conspicuous manner
	clearly visible to the public.
	SECTION 10.  Section 411.205, Government Code, is amended to
	read as follows:
	Sec. 411.205.  REQUIREMENT TO DISPLAY IDENTIFICATION AND
	HANDGUN LICENSE. If a person [license holder] is carrying a handgun
	[on or about the license holder's person] when a magistrate or a
	peace officer demands that the person [license holder] display
	identification, the person [license holder] shall display [both]
	the person's [license holder's] driver's license or identification
	certificate issued by the department or other proof of identity. If
	the person is a license holder under this subchapter and is carrying
	the person's handgun license, the person also shall display [and]
	the person's [license holder's] handgun license.
	SECTION 11.  The heading to Section 411.206, Government
	Code, is amended to read as follows:
	Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.
	SECTION 12.  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 and, if the person is a license holder
	under this subchapter and is carrying the person's handgun license,
	the person's handgun license as evidence.
	(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 13.  Sections 411.207(a), (b), and (c), Government
	Code, are amended 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 a license holder or otherwise legally
	authorized to carry 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 who is a license holder or otherwise legally
	authorized to carry a handgun when the person [a license holder]
	enters a nonpublic, secure portion of a law enforcement facility.
	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 who is a
	license holder or otherwise legally authorized to carry a handgun
	when the person [license holder] enters the nonpublic, secure
	portion of the facility. The sign must appear in contrasting colors
	with block letters at least one inch in height. The sign shall be
	displayed in a clearly visible and conspicuous manner.
	SECTION 14.  The heading to Section 411.209, Government
	Code, is amended to read as follows:
	Sec. 411.209.  WRONGFUL EXCLUSION OF PERSON LEGALLY
	AUTHORIZED TO CARRY [CONCEALED] HANDGUN [LICENSE HOLDER].
	SECTION 15.  Sections 411.209(a) and (d), Government Code,
	are amended to read as follows:
	(a)  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 concealed handgun
	license], 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 [citizen] of this state or a person licensed
	to carry a [concealed] 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 [citizen] 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. A complaint filed under this subsection must include
	evidence of the violation and a copy of the written notice.
	SECTION 16.  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 17.  Section 42.042(e-2), Human Resources Code, is
	amended to read as follows:
	(e-2)  The department may not prohibit the foster parent of a
	child who resides in the foster family's home from transporting the
	child in a vehicle where a handgun is present if the handgun is in
	the possession and control of the foster parent and the foster
	parent is licensed to carry the handgun under Subchapter H, Chapter
	411, Government Code, or is otherwise legally authorized to carry a
	handgun.
	SECTION 18.  Section 52.062(a), Labor Code, is amended to
	read as follows:
	(a)  Section 52.061 does not:
	(1)  authorize a person who 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 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 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 19.  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 20.  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 licensed under Subchapter H, Chapter 411, Government
	Code, or by a person otherwise legally authorized to carry the
	handgun, at a:
	(A)  public park;
	(B)  public meeting of a municipality, county, or
	other governmental body;
	(C)  political rally, parade, or official
	political meeting; or
	(D)  nonfirearms-related school, college, or
	professional athletic event;
	(7)  regulate the hours of operation of a sport
	shooting range, except that the hours of operation may not be more
	limited than the least limited hours of operation of any other
	business in the municipality other than a business permitted or
	licensed to sell or serve alcoholic beverages for on-premises
	consumption; or
	(8)  regulate the carrying of an air gun by a minor on:
	(A)  public property; or
	(B)  private property without consent of the
	property owner.
	SECTION 21.  Sections 62.082(d) and (e), Parks and Wildlife
	Code, are amended to read as follows:
	(d)  Section 62.081 does not apply to:
	(1)  an employee of the Lower Colorado River Authority;
	(2)  a person authorized to hunt under Subsection (c);
	(3)  a peace officer as defined by Article 2.12, Code of
	Criminal Procedure; or
	(4)  a person who:
	(A)  is carrying [possesses] a handgun the person
	is legally authorized to carry [and a license issued under
	Subchapter H, Chapter 411, Government Code, to carry a handgun]; or
	(B)  under circumstances in which the person would
	be justified in the use of deadly force under Chapter 9, Penal Code,
	shoots a handgun the person is legally authorized [licensed] to
	carry [under Subchapter H, Chapter 411, Government Code].
	(e)  A state agency, including the department, the
	Department of Public Safety, and the Lower Colorado River
	Authority, may not adopt a rule that prohibits a person [who
	possesses a license issued under Subchapter H, Chapter 411,
	Government Code,] from entering or crossing the land of the Lower
	Colorado River Authority while:
	(1)  carrying [possessing] a handgun that the person is
	legally authorized to carry; or
	(2)  under circumstances in which the person would be
	justified in the use of deadly force under Chapter 9, Penal Code,
	shooting a handgun.
	SECTION 22.  Section 284.001(e), Parks and Wildlife Code, is
	amended to read as follows:
	(e)  This section does not limit a person's [the] ability to
	carry a handgun if the person is legally authorized [of a license
	holder] to carry a handgun [under the authority of Subchapter H,
	Chapter 411, Government Code].
	SECTION 23.  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 only[:
	[(A)     a license issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	[(B)]  a handgun that at the time of the offense
	the person was legally authorized to carry:
	(A) [(i)]  in a concealed manner; or
	(B) [(ii)]  in a shoulder or belt holster.
	SECTION 24.  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 25.  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 26.  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 27.  Sections 30.07(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)  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.
	SECTION 28.  Section 46.02(a-1), Penal Code, is amended to
	read as follows:
	(a-1)  A person commits an offense if the person
	intentionally, knowingly, or recklessly carries on or about his or
	her person a handgun in a motor vehicle or watercraft that is owned
	by the person or under the person's control at any time in which:
	(1)  the handgun is in plain view, unless the person is
	legally authorized [licensed] to carry a handgun [under Subchapter
	H, Chapter 411, Government Code], and the handgun is carried in a
	shoulder or belt holster; or
	(2)  the person is:
	(A)  engaged in criminal activity, other than a
	Class C misdemeanor that is a violation of a law or ordinance
	regulating traffic or boating;
	(B)  prohibited by law from possessing a firearm;
	or
	(C)  a member of a criminal street gang, as
	defined by Section 71.01.
	SECTION 29.  Sections 46.03(e-1) and (e-2), Penal Code, are
	amended to read as follows:
	(e-1)  It is a defense to prosecution under Subsection (a)(5)
	that the actor:
	(1)  possessed, at the screening checkpoint for the
	secured area, a [concealed] handgun that the actor was legally
	authorized [licensed] to carry [under Subchapter H, Chapter 411,
	Government Code]; and
	(2)  exited the screening checkpoint for the secured
	area immediately on [upon] completion of the required screening
	processes and notification that the actor possessed the handgun.
	(e-2)  A peace officer investigating conduct that may
	constitute an offense under Subsection (a)(5) and that consists
	only of an actor's possession of a [concealed] handgun that the
	actor is legally authorized [licensed] to carry [under Subchapter
	H, Chapter 411, Government Code,] may not arrest the actor for the
	offense unless:
	(1)  the officer advises the actor of the defense
	available under Subsection (e-1) and gives the actor an opportunity
	to exit the screening checkpoint for the secured area; and
	(2)  the actor does not immediately exit the checkpoint
	on [upon] completion of the required screening processes.
	SECTION 30.  Section 46.03(f), Penal Code, as amended by
	Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th
	Legislature, Regular Session, 2015, is reenacted and amended to
	read as follows:
	(f)  Except as provided by Subsection (a)(1)(B) or (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)  otherwise legally authorized to carry a handgun.
	SECTION 31.  The heading to Section 46.035, Penal Code, is
	amended to read as follows:
	Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
	OR OTHER PERSON LEGALLY AUTHORIZED TO CARRY HANDGUN.
	SECTION 32.  Section 46.035, Penal Code, is amended by
	amending Subsections (a), (b), (c), and (d) and adding Subsection
	(b-1) to read as follows:
	(a)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person
	[license holder] carries a handgun [on or about the license
	holder's person under the authority of Subchapter H, Chapter 411,
	Government Code,] and intentionally displays the handgun in plain
	view of another person in a public place. It is an exception to the
	application of this subsection that the handgun was partially or
	wholly visible but was carried in a shoulder or belt holster [by the
	license holder].
	(b)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person
	[license holder] intentionally, knowingly, or recklessly carries a
	handgun [under the authority of Subchapter H, Chapter 411,
	Government Code], regardless of whether the handgun is concealed or
	carried in a shoulder or belt holster[, on or about the license
	holder's person]:
	(1)  on the premises of a business that has a permit or
	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
	Beverage Code, if the business derives 51 percent or more of its
	income from the sale or service of alcoholic beverages for
	on-premises consumption, as determined by the Texas Alcoholic
	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
	(2)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the person [license holder] is a participant in the
	event and a handgun is used in the event;
	(3)  on the premises of a correctional facility;
	(4)  on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	facility licensed under Chapter 242, Health and Safety Code, unless
	the person [license holder] has written authorization of the
	hospital or nursing facility administration, as appropriate;
	(5)  in an amusement park; or
	(6)  on the premises of a church, synagogue, or other
	established place of religious worship.
	(b-1)  A person commits an offense if the person
	intentionally, knowingly, or recklessly carries a handgun,
	regardless of whether the handgun is concealed or carried in a
	shoulder or belt holster, on the premises of a business that has a
	permit or license issued under Subtitle A or B, Title 3, Alcoholic
	Beverage Code, other than a business described by Subsection
	(b)(1), unless the person is a license holder under Subchapter H,
	Chapter 411, Government Code.
	(c)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person
	[license holder] intentionally, knowingly, or recklessly carries a
	handgun [under the authority of Subchapter H, Chapter 411,
	Government Code], regardless of whether the handgun is concealed or
	carried in a shoulder or belt holster, in the room or rooms where a
	meeting of a governmental entity is held and if the meeting is an
	open meeting subject to Chapter 551, Government Code, and the
	entity provided notice as required by that chapter.
	(d)  A person who is a license holder or otherwise legally
	authorized to carry a handgun commits an offense if the person[,
	while intoxicated, the license holder] carries a handgun while the
	person is intoxicated [under the authority of Subchapter H, Chapter
	411, Government Code], regardless of whether the handgun is
	concealed or carried in a shoulder or belt holster.
	SECTION 33.  Section 46.15(b), Penal Code, is amended to
	read as follows:
	(b)  Section 46.02 does not apply to a person who:
	(1)  is in the actual discharge of official duties as a
	member of the armed forces or state military forces as defined by
	Section 437.001, Government Code, or as a guard employed by a penal
	institution;
	(2)  is traveling;
	(3)  is engaging in lawful hunting, fishing, or other
	sporting activity on the immediate premises where the activity is
	conducted, or is en route between the premises and the actor's
	residence, motor vehicle, or watercraft, if the weapon is a type
	commonly used in the activity;
	(4)  holds a security officer commission issued by the
	Texas Private Security Board, if the person is engaged in the
	performance of the person's duties as an officer commissioned under
	Chapter 1702, Occupations Code, or is traveling to or from the
	person's place of assignment and is wearing the officer's uniform
	and carrying the officer's weapon in plain view;
	(5)  acts as a personal protection officer and carries
	the person's security officer commission and personal protection
	officer authorization, if the person:
	(A)  is engaged in the performance of the person's
	duties as a personal protection officer under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment; and
	(B)  is either:
	(i)  wearing the uniform of a security
	officer, including any uniform or apparel described by Section
	1702.323(d), Occupations Code, and carrying the officer's weapon in
	plain view; or
	(ii)  not wearing the uniform of a security
	officer and carrying the officer's weapon in a concealed manner;
	(6)  is [carrying]:
	(A)  a license holder [issued] under Subchapter H,
	Chapter 411, Government Code, or a person who meets the
	requirements under Sections 411.172(a)(1)-(13), Government Code
	[to carry a handgun]; and
	(B)  carrying 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
	(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 34.  The changes in law made by this Act relating to
	the authority of a person to carry a handgun apply to the carrying
	of a handgun on or after the effective date of this Act by any person
	who may legally carry a handgun under this Act.
	SECTION 35.  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 36.  To the extent of any conflict, this Act prevails
	over another Act of the 85th Legislature, Regular Session, 2017,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 37.  This Act takes effect September 1, 2017.