87R5387 JSC-F
	By: White, Burrows, Canales, Schaefer,	H.B. No. 1911
	Hefner, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to provisions governing the carrying of a handgun by
	certain unlicensed persons and to other provisions related to the
	carrying, possessing, transporting, or storing of a firearm;
	providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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
	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 2.  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;
	(2)  [that the actor] was licensed to carry a handgun
	under Subchapter H, Chapter 411, Government Code, or, if
	unlicensed, was not prohibited by state or federal law from
	carrying a handgun; and
	(3) [(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 licensed to carry under Subchapter H, Chapter 411,
	Government Code, or, if unlicensed, is not prohibited by state or
	federal law from carrying, 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)  if unlicensed, not prohibited by state or federal
	law from carrying a handgun.
	SECTION 3.  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 4.  Sections 46.035(a), (b), (c), (d), and (i),
	Penal Code, are amended 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; or
	(6)  on the premises of a civil commitment facility.
	(c)  A person [license holder] commits an offense if:
	(1)  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
	(2)  [if] the meeting described by Subdivision (1) 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.
	(i)  Subsections (b)(4), (b)(5), and (c) do not apply if the
	actor was not given effective notice under Section 30.05, 30.06, or
	30.07.
	SECTION 5.  Section 46.15, Penal Code, is amended by
	amending Subsection (a) and adding Subsection (m) 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 or other
	qualified retired law enforcement officer, as defined by 18 U.S.C.
	Section 926C, 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 an honorably retired peace officer or other qualified
	retired law enforcement officer;
	(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)  licensed to carry [carrying] a handgun under
	[the authority of] Subchapter H, Chapter 411, Government Code; and
	(B)  engaged in providing emergency services; or
	(11)  a judge or justice of a federal court who is
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code.
	(m)  Sections 46.02(a) and (a-1)(1) do not apply to a person
	who:
	(1)  carries the handgun in a concealed manner or in a
	holster;
	(2)  meets the requirements under Sections
	411.172(a)(1)-(13), Government Code; and
	(3)  is not:
	(A)  a member of a criminal street gang, as
	defined by Section 71.01;
	(B)  engaged in criminal activity, other than a
	Class C misdemeanor that is a violation of a law or ordinance
	regulating traffic or boating; or
	(C)  in a location in which carrying a handgun or
	other firearm is prohibited under Section 46.03(a) or 46.035(b) or
	(c) or other law.
	SECTION 6.  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 or other proof of identity
	[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 7.  Section 125.0015(a), Civil Practice and Remedies
	Code, is amended to read as follows:
	(a)  A person who maintains a place to which persons
	habitually go for the following purposes and who knowingly
	tolerates the activity and furthermore fails to make reasonable
	attempts to abate the activity maintains a common nuisance:
	(1)  discharge of a firearm in a public place as
	prohibited by the Penal Code;
	(2)  reckless discharge of a firearm as prohibited by
	the Penal Code;
	(3)  engaging in organized criminal activity as a
	member of a combination as prohibited by the Penal Code;
	(4)  delivery, possession, manufacture, or use of a
	substance or other item in violation of Chapter 481, Health and
	Safety Code;
	(5)  gambling, gambling promotion, or communicating
	gambling information as prohibited by the Penal Code;
	(6)  prostitution, promotion of prostitution, or
	aggravated promotion of prostitution as prohibited by the Penal
	Code;
	(7)  compelling prostitution as prohibited by the Penal
	Code;
	(8)  commercial manufacture, commercial distribution,
	or commercial exhibition of obscene material as prohibited by the
	Penal Code;
	(9)  aggravated assault as described by Section 22.02,
	Penal Code;
	(10)  sexual assault as described by Section 22.011,
	Penal Code;
	(11)  aggravated sexual assault as described by Section
	22.021, Penal Code;
	(12)  robbery as described by Section 29.02, Penal
	Code;
	(13)  aggravated robbery as described by Section 29.03,
	Penal Code;
	(14)  unlawfully carrying a weapon as described by
	Section 46.02, Penal Code, or unlawfully carrying a firearm as
	described by Section 46.03 or 46.035, Penal Code;
	(15)  murder as described by Section 19.02, Penal Code;
	(16)  capital murder as described by Section 19.03,
	Penal Code;
	(17)  continuous sexual abuse of young child or
	children as described by Section 21.02, Penal Code;
	(18)  massage therapy or other massage services in
	violation of Chapter 455, Occupations Code;
	(19)  employing a minor at a sexually oriented business
	as defined by Section 243.002, Local Government Code;
	(20)  trafficking of persons as described by Section
	20A.02, Penal Code;
	(21)  sexual conduct or performance by a child as
	described by Section 43.25, Penal Code;
	(22)  employment harmful to a child as described by
	Section 43.251, Penal Code;
	(23)  criminal trespass as described by Section 30.05,
	Penal Code;
	(24)  disorderly conduct as described by Section 42.01,
	Penal Code;
	(25)  arson as described by Section 28.02, Penal Code;
	(26)  criminal mischief as described by Section 28.03,
	Penal Code, that causes a pecuniary loss of $500 or more; or
	(27)  a graffiti offense in violation of Section 28.08,
	Penal Code.
	SECTION 8.  Section 37.005(c), Education Code, is amended to
	read as follows:
	(c)  A student who is enrolled in a grade level below grade
	three may not be placed in out-of-school suspension unless while on
	school property or while attending a school-sponsored or
	school-related activity on or off of school property, the student
	engages in:
	(1)  conduct that contains the elements of an offense
	related to weapons under Section 46.02 or 46.05, Penal Code, or to
	firearms under Section 46.03 or 46.035, Penal Code;
	(2)  conduct that contains the elements of a violent
	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
	or
	(3)  selling, giving, or delivering to another person
	or possessing, using, or being under the influence of any amount of:
	(A)  marihuana or a controlled substance, as
	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
	Section 801 et seq.;
	(B)  a dangerous drug, as defined by Chapter 483,
	Health and Safety Code; or
	(C)  an alcoholic beverage, as defined by Section
	1.04, Alcoholic Beverage Code.
	SECTION 9.  Section 37.007(a), Education Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (k), a student shall be
	expelled from a school if the student, on school property or while
	attending a school-sponsored or school-related activity on or off
	of school property:
	(1)  engages in conduct that contains the elements of
	[the offense of unlawfully carrying weapons under Section 46.02,
	Penal Code, or elements of] an offense relating to [prohibited]
	weapons under Section 46.02 or 46.05, Penal Code, or to firearms
	under Section 46.03 or 46.035, Penal Code;
	(2)  engages in conduct that contains the elements of
	the offense of:
	(A)  aggravated assault under Section 22.02,
	Penal Code, sexual assault under Section 22.011, Penal Code, or
	aggravated sexual assault under Section 22.021, Penal Code;
	(B)  arson under Section 28.02, Penal Code;
	(C)  murder under Section 19.02, Penal Code,
	capital murder under Section 19.03, Penal Code, or criminal
	attempt, under Section 15.01, Penal Code, to commit murder or
	capital murder;
	(D)  indecency with a child under Section 21.11,
	Penal Code;
	(E)  aggravated kidnapping under Section 20.04,
	Penal Code;
	(F)  aggravated robbery under Section 29.03,
	Penal Code;
	(G)  manslaughter under Section 19.04, Penal
	Code;
	(H)  criminally negligent homicide under Section
	19.05, Penal Code; or
	(I)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code; or
	(3)  engages in conduct specified by Section
	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
	SECTION 10.  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 11.  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 12.  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 13.  Section 411.179(c), Government Code, is amended
	to read as follows:
	(c)  In adopting the form of the license under Subsection
	(a), the department shall establish a procedure for the license of a
	qualified handgun instructor or of the attorney general or a judge,
	justice, United States attorney, assistant United States attorney,
	assistant attorney general, prosecuting attorney, or assistant
	prosecuting attorney, as described by Section 46.15(a)(4), (6),
	[or] (7), or (11), Penal Code, to indicate on the license the
	license holder's status as a qualified handgun instructor or as the
	attorney general or a judge, justice, United States attorney,
	assistant United States attorney, assistant attorney general,
	prosecuting [district] attorney, or assistant prosecuting
	[criminal district] attorney[, or county attorney].  In
	establishing the procedure, the department shall require
	sufficient documentary evidence to establish the license holder's
	status under this subsection.
	SECTION 14.  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 15.  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 16.  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 any persons, including persons who are
	licensed under this subchapter, 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 17.  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 18.  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 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.  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,
	the 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 by law from carrying a handgun
	[license holder].
	(b)  A peace officer who is acting in the lawful discharge of
	the officer's official duties may [temporarily] disarm a person
	only temporarily, 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.  Section 411.209(a), Government Code, is amended
	to read as follows:
	(a)  Except as provided by Subsection (i), a state agency or
	a political subdivision of the state may not take any action,
	including an action consisting of the provision of notice by a
	communication described by Section 30.06 or 30.07, Penal Code, that
	states or implies that a license holder who is 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 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.
	SECTION 23.  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 24.  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 by state or federal law from carrying the
	handgun [licensed to carry the handgun under Subchapter H, Chapter
	411, Government Code].
	SECTION 25.  Section 52.061, Labor Code, is amended to read
	as follows:
	Sec. 52.061.  RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
	may not prohibit an employee who is not otherwise prohibited by
	state or federal law 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 from transporting or storing 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.
	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 otherwise prohibited
	by state or federal law 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 otherwise prohibited by
	state or federal law 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)  except as provided by Subsection (b-1), adopt or
	enforce a generally applicable zoning ordinance, land use
	regulation, fire code, or business ordinance;
	(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 an air gun or [a] firearm,
	[or air gun by a person] other than a [person licensed to carry a]
	handgun carried by a person not prohibited by state or federal law
	from carrying the handgun [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
	(D)  nonfirearms-related school, college, or
	professional athletic event;
	(7)  regulate the carrying of a firearm by a person
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code, in accordance with Section 411.209, Government
	Code;
	(8)  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;
	(9)  regulate the carrying of an air gun by a minor on:
	(A)  public property; or
	(B)  private property without consent of the
	property owner; or
	(10)  except as provided by Subsection (d-1), regulate
	or prohibit an employee's carrying or possession of a firearm,
	firearm accessory, or ammunition in the course of the employee's
	official duties.
	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 lawfully 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 by state or federal law from carrying a handgun
	[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 287.001(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 [concealed] handgun [under the
	authority of Subchapter H, Chapter 411, Government Code].
	SECTION 32.  Section 9.31(b), Penal Code, is amended to read
	as follows:
	(b)  The use of force against another is not justified:
	(1)  in response to verbal provocation alone;
	(2)  to resist an arrest or search that the actor knows
	is being made by a peace officer, or by a person acting in a peace
	officer's presence and at his direction, even though the arrest or
	search is unlawful, unless the resistance is justified under
	Subsection (c);
	(3)  if the actor consented to the exact force used or
	attempted by the other;
	(4)  if the actor provoked the other's use or attempted
	use of unlawful force, unless:
	(A)  the actor abandons the encounter, or clearly
	communicates to the other his intent to do so reasonably believing
	he cannot safely abandon the encounter; and
	(B)  the other nevertheless continues or attempts
	to use unlawful force against the actor; or
	(5)  if the actor sought an explanation from or
	discussion with the other person concerning the actor's differences
	with the other person while the actor was:
	(A)  carrying a weapon in violation of Section
	46.02 or a firearm in violation of Section 46.03 or 46.035; or
	(B)  possessing or transporting a weapon in
	violation of Section 46.05.
	SECTION 33.  Section 30.05, Penal Code, is amended by
	amending Subsections (d) and (f) and adding Subsections (d-3) and
	(d-4) to read as follows:
	(d)  Subject to Subsections (d-3) and (d-4), an [An] offense
	under this section is:
	(1)  a Class B misdemeanor, except as provided by
	Subdivisions (2) and (3);
	(2)  a Class C misdemeanor, except as provided by
	Subdivision (3), if the offense is committed:
	(A)  on agricultural land and within 100 feet of
	the boundary of the land; or
	(B)  on residential land and within 100 feet of a
	protected freshwater area; and
	(3)  a Class A misdemeanor if:
	(A)  the offense is committed:
	(i)  in a habitation or a shelter center;
	(ii)  on a Superfund site; or
	(iii)  on or in a critical infrastructure
	facility;
	(B)  the offense is committed on or in property of
	an institution of higher education and it is shown on the trial of
	the offense that the person has previously been convicted of:
	(i)  an offense under this section relating
	to entering or remaining on or in property of an institution of
	higher education; or
	(ii)  an offense under Section 51.204(b)(1),
	Education Code, relating to trespassing on the grounds of an
	institution of higher education; or
	(C)  the person carries a deadly weapon during the
	commission of the offense.
	(d-3)  An offense under this section is a Class C misdemeanor
	punishable by a fine not to exceed $200 if:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	was forbidden; and
	(2)  the person was carrying in a concealed manner or in
	a holster a handgun that the person was not prohibited by state or
	federal law from carrying at the time of the offense.
	(d-4)  An offense under this section is a Class A misdemeanor
	if:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	was forbidden;
	(2)  the person was carrying in a concealed manner or in
	a holster a handgun that the person was not prohibited by state or
	federal law from carrying at the time of the offense; and
	(3)  it is shown on the trial of the offense that, after
	entering the property, land, or building, the actor was personally
	given notice by oral communication that entry with a firearm was
	forbidden and subsequently failed to depart.
	(f)  It is a defense to prosecution under this section that:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	[handgun] was forbidden; and
	(2)  at the time of the offense the person was carrying:
	(A)  a license issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	(B)  a handgun:
	(i)  in a concealed manner; or
	(ii)  in a [shoulder or belt] holster.
	SECTION 34.  Section 30.07(f), Penal Code, is amended to
	read as follows:
	(f)  It is not a defense to prosecution under this section
	that the handgun was carried in a [shoulder or belt] holster.
	SECTION 35.  The following provisions are repealed:
	(1)  Section 11.041, Alcoholic Beverage Code;
	(2)  Section 11.61(e), Alcoholic Beverage Code;
	(3)  Section 61.11, Alcoholic Beverage Code;
	(4)  Section 61.71(f), Alcoholic Beverage Code;
	(5)  Section 411.204(d), Government Code;
	(6)  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007; and
	(7)  Section 46.035(h-1), Penal Code, as added by
	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
	Session, 2007.
	SECTION 36.  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 a person described by
	Section 46.15(m), Penal Code, as added by this Act.
	SECTION 37.  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 38.  This Act takes effect September 1, 2021.