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.