Bill Text: TX HB3142 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to handguns used to demonstrate proficiency in handgun use for purposes of obtaining a concealed handgun license.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB3142 Detail]
Download: Texas-2013-HB3142-Enrolled.html
H.B. No. 3142 |
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relating to handguns used to demonstrate proficiency in handgun use | ||
for purposes of obtaining a concealed handgun license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Each holder of a permit who is not otherwise required to | ||
display a sign under Section 411.204, Government Code, shall | ||
display in a prominent place on the permit holder's premises a sign | ||
giving notice that it is unlawful for a person to carry a weapon on | ||
the premises unless the weapon is a concealed handgun [ |
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Chapter 411, Government Code. | ||
SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(e) Except as provided by Subsection (f) or (i), the | ||
commission or administrator shall cancel an original or renewal | ||
permit if it is found, after notice and hearing, that the permittee | ||
knowingly allowed a person to possess a firearm in a building on the | ||
licensed premises. This subsection does not apply to a person: | ||
(1) who holds a security officer commission issued | ||
under Chapter 1702, Occupations Code, if: | ||
(A) the person is engaged in the performance of | ||
the person's duties as a security officer; | ||
(B) the person is wearing a distinctive uniform; | ||
and | ||
(C) the weapon is in plain view; | ||
(2) who is a peace officer; | ||
(3) who is a permittee or an employee of a permittee if | ||
the person is supervising the operation of the premises; or | ||
(4) who possesses a concealed handgun [ |
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Chapter 411, Government Code, unless the person is on the premises | ||
of a business described by Section 46.035(b)(1), Penal Code. | ||
SECTION 3. Section 61.11(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Each holder of a license who is not otherwise required | ||
to display a sign under Section 411.204, Government Code, shall | ||
display in a prominent place on the license holder's premises a sign | ||
giving notice that it is unlawful for a person to carry a weapon on | ||
the premises unless the weapon is a concealed handgun [ |
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Chapter 411, Government Code. | ||
SECTION 4. Section 61.71(f), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(f) Except as provided by Subsection (g) or (j), the | ||
commission or administrator shall cancel an original or renewal | ||
dealer's on-premises or off-premises license if it is found, after | ||
notice and hearing, that the licensee knowingly allowed a person to | ||
possess a firearm in a building on the licensed premises. This | ||
subsection does not apply to a person: | ||
(1) who holds a security officer commission issued | ||
under Chapter 1702, Occupations Code, if: | ||
(A) the person is engaged in the performance of | ||
the person's duties as a security officer; | ||
(B) the person is wearing a distinctive uniform; | ||
and | ||
(C) the weapon is in plain view; | ||
(2) who is a peace officer; | ||
(3) who is a licensee or an employee of a licensee if | ||
the person is supervising the operation of the premises; or | ||
(4) who possesses a concealed handgun [ |
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Chapter 411, Government Code, unless the person is on the premises | ||
of a business described by Section 46.035(b)(1), Penal Code. | ||
SECTION 5. Section 411.177(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department shall issue a license to carry a | ||
concealed handgun to an applicant if the applicant meets all the | ||
eligibility requirements and submits all the application | ||
materials. [ |
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department shall administer the licensing procedures in good faith | ||
so that any applicant who meets all the eligibility requirements | ||
and submits all the application materials shall receive a license. | ||
The department may not deny an application on the basis of a | ||
capricious or arbitrary decision by the department. | ||
SECTION 6. Section 411.179(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department by rule shall adopt the form of the | ||
license. A license must include: | ||
(1) a number assigned to the license holder by the | ||
department; | ||
(2) a statement of the period for which the license is | ||
effective; | ||
(3) [ |
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(4) [ |
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birth, hair and eye color, height, weight, and signature; | ||
(5) [ |
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as provided by Subsection (d), the street address of the courthouse | ||
in which the license holder or license holder's spouse serves as a | ||
federal judge or the license holder serves as a state judge; and | ||
(6) [ |
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identification certificate issued to the license holder by the | ||
department. | ||
SECTION 7. Section 411.187(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department shall suspend a license under this | ||
section if the license holder: | ||
(1) is charged with the commission of a Class A or | ||
Class B misdemeanor or equivalent offense, or of an offense under | ||
Section 42.01, Penal Code, or equivalent offense, or of a felony | ||
under an information or indictment; | ||
(2) fails to notify the department of a change of | ||
address, name, or status as required by Section 411.181; | ||
(3) [ |
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subject of an active protective order rendered under Title 4, | ||
Family Code; or | ||
(4) [ |
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violence or an offense under Section 42.072, Penal Code, and is the | ||
subject of an order for emergency protection issued under Article | ||
17.292, Code of Criminal Procedure. | ||
SECTION 8. Sections 411.188(a) and (d), Government Code, | ||
are amended to read as follows: | ||
(a) The director by rule shall establish minimum standards | ||
for handgun proficiency and shall develop a course to teach handgun | ||
proficiency and examinations to measure handgun proficiency. The | ||
course to teach handgun proficiency must contain training sessions | ||
divided into two parts. One part of the course must be classroom | ||
instruction and the other part must be range instruction and an | ||
actual demonstration by the applicant of the applicant's ability to | ||
safely and proficiently use a [ |
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An applicant must be able to demonstrate, at a minimum, the degree | ||
of proficiency that is required to effectively operate a handgun of | ||
.32 caliber or above. The department shall distribute the | ||
standards, course requirements, and examinations on request to any | ||
qualified handgun instructor. | ||
(d) Only a qualified handgun instructor may administer the | ||
proficiency examination to obtain or to renew a license. The | ||
proficiency examination must include: | ||
(1) a written section on the subjects listed in | ||
Subsection (b); and | ||
(2) a physical demonstration of proficiency in the use | ||
of one or more handguns [ |
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safety procedures. | ||
SECTION 9. Section 411.1882(a), Government Code, is amended | ||
to read as follows: | ||
(a) A person who is serving in this state as a judge or | ||
justice of a federal court, as an active judicial officer, as | ||
defined by Section 411.201, or as a district attorney, assistant | ||
district attorney, criminal district attorney, assistant criminal | ||
district attorney, county attorney, or assistant county attorney | ||
may establish handgun proficiency for the purposes of this | ||
subchapter by obtaining from a handgun proficiency instructor | ||
approved by the Commission on Law Enforcement Officer Standards and | ||
Education for purposes of Section 1702.1675, Occupations Code, a | ||
sworn statement that[ |
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period preceding the date of the person's application to the | ||
department, demonstrated to the instructor proficiency in the use | ||
of handguns[ |
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SECTION 10. Section 411.199(e), Government Code, is amended | ||
to read as follows: | ||
(e) A retired peace officer who obtains a license under this | ||
subchapter must maintain[ |
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the proficiency required for a peace officer under Section | ||
1701.355, Occupations Code. The department or a local law | ||
enforcement agency shall allow a retired peace officer of the | ||
department or agency an opportunity to annually demonstrate the | ||
required proficiency. The proficiency shall be reported to the | ||
department on application and renewal. | ||
SECTION 11. 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) possesses a concealed handgun and a license | ||
issued under Subchapter H, Chapter 411, Government Code, to carry a | ||
concealed handgun [ |
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(B) under circumstances in which the person would | ||
be justified in the use of deadly force under Chapter 9, Penal Code, | ||
shoots a handgun [ |
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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) possessing a concealed handgun [ |
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(2) under circumstances in which the person would be | ||
justified in the use of deadly force under Chapter 9, Penal Code, | ||
shooting a handgun [ |
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SECTION 12. 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 handgun was | ||
forbidden; and | ||
(2) the person was carrying a concealed handgun and a | ||
license issued under Subchapter H, Chapter 411, Government Code, to | ||
carry a concealed handgun [ |
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SECTION 13. 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 431.001, 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 concealed handgun and a valid | ||
license issued under Subchapter H, Chapter 411, Government Code, to | ||
carry a concealed handgun [ |
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(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 14. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 411.171(1); | ||
(2) Section 411.179(b); | ||
(3) Section 411.184; and | ||
(4) Sections 411.188(e) and (h). | ||
SECTION 15. (a) The change in law made by this Act to | ||
Subchapter H, Chapter 411, Government Code, applies only to a | ||
license issued or renewed under that subchapter on or after the | ||
effective date of this Act. | ||
(b) The changes in law made by this Act to the Alcoholic | ||
Beverage Code, Parks and Wildlife Code, and Penal Code, apply only | ||
to civil or criminal proceedings involving the carrying of a | ||
handgun on or after the effective date of this Act by a person | ||
licensed to carry a concealed handgun under Subchapter H, Chapter | ||
411, Government Code, as amended by this Act. | ||
SECTION 16. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3142 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3142 on May 23, 2013, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 3142 on May 26, 2013, by the following vote: Yeas 143, | ||
Nays 0, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3142 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 28, Nays | ||
3; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
3142 on May 26, 2013, by the following vote: Yeas 28, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |