Art. 4413(29ee). License to Carry a Concealed Handgun

                                   Definitions

  Sec. 1. In this article:
(1) "Action" means single action, revolver, or semi-automatic action.
(2) "Chemically dependent person" means a person who frequently or repeatedly  becomes intoxicated by excessive indulgence in alcohol or uses controlled  substances or dangerous drugs so as to acquire a fixed habit and an involuntary  tendency to become intoxicated or use those substances as often as the  opportunity is presented.
(3) "Concealed handgun" means a handgun, the presence of which is not openly  discernible to the ordinary observation of a reasonable person.
(4) "Convicted" means an adjudication of guilt or an order of deferred  adjudication entered against a person by a court of competent jurisdiction  whether or not:
(A) the imposition of the sentence is subsequently probated and the person is  discharged from community supervision;  or
(B) the person is pardoned for the offense, unless the pardon is expressly  granted for subsequent proof of innocence.
(5) "Department" means the Department of Public Safety, including employees of  the department.
(6) "Director" means the director of the Department of Public Safety or the  director's designee.
(7) "Handgun" has the meaning assigned by Section 46.01, Penal Code.
(8) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(9) "Qualified handgun instructor" means a person who is certified to instruct  in the use of handguns by the department.
(10) "Unsound mind" means the mental condition of a person who:
(A) has been adjudicated mentally incompetent, mentally ill, or not guilty of  a criminal offense by reason of insanity;
(B) has been diagnosed by a licensed physician as being characterized by a  mental disorder or infirmity that renders the person incapable of managing the  person's self or the person's affairs, unless the person furnishes a  certificate from a licensed physician stating that the person is no longer  disabled or under any medication for the treatment of a mental or psychiatric  disorder;  or
(C) has been diagnosed by a licensed physician as suffering from depression,  manic depression, or post-traumatic stress syndrome, unless the person  furnishes a certificate from a licensed physician stating that the person is no  longer disabled or under any medication for the treatment of a mental or  psychiatric disorder.

                                   Eligibility

  Sec. 2. (a) A person is eligible for a license to carry a concealed handgun if  the person:
(1) is a legal resident of this state for the six-month period preceding the  date of application under this article;
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor or  an offense under Section 42.01, Penal Code, or of a felony under an  information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B  misdemeanor;
(6) is not a chemically dependent person;
(7) is not a person of unsound mind;
(8) has not, in the five years preceding the date of application, been  convicted of a Class A or Class B misdemeanor or an offense under Section  42.01, Penal Code;
(9) is fully qualified under applicable federal and state law to purchase a  handgun;
(10) has not been finally determined to be delinquent in making a child  support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a tax  or other money collected by the comptroller, state treasurer, tax collector of  a political subdivision of the state, Texas Alcoholic Beverage Commission, or  any other agency or subdivision of the state;
(12) has not been finally determined to be in default on a loan made under  Chapter 57, Education Code;
(13) is not currently restricted under a court protective order or subject to  a restraining order affecting the spousal relationship, not including a  restraining order solely affecting property interests;
(14) has not, in the 10 years preceding the date of application, been  adjudicated as having engaged in delinquent conduct violating a penal law of  the grade of felony;  and
(15) has not made any material misrepresentation, or failed to disclose any  material fact, in an application submitted pursuant to Section 3 of this  article or in a request for application submitted pursuant to Section 4 of this  article.
(b) For the purposes of this section, an offense under the laws of this state,  another state, or the United States is:
(1) a felony if the offense is so designated by law or if confinement for one  year or more in a penitentiary is affixed to the offense as a possible  punishment;  and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a  jail other than a state jail felony facility is affixed as a possible  punishment.
(c) An individual who has been convicted two times within the 10-year period  preceding the date on which the person applies for a license of an offense of  the grade of Class B misdemeanor or greater that involves the use of alcohol or  a controlled substance as a statutory element of the offense is a chemically  dependent person for purposes of this section and is not qualified to receive a  license under this article.  Nothing in this subsection shall preclude the  disqualification of an individual for being a chemically dependent person if  other evidence exists that the person is a chemically dependent person.

                                   Application

  Sec. 3. (a) An applicant for a license to carry a concealed handgun must  submit to the director's designee described by Section 5 of this article:
(1) a completed application on a form provided by the department that requires  only the information listed in Subsection (b) of this section;
(2) two recent color passport photographs of the applicant;
(3) a certified copy of the applicant's birth certificate or certified proof  of age;
(4) proof of residency in this state;
(5) two complete sets of legible and classifiable fingerprints of the  applicant taken by a person employed by a law enforcement agency who is  appropriately trained in recording fingerprints;
(6) a nonrefundable application and license fee of $140 paid to the  department;
(7) a handgun proficiency certificate described by Section 17 of this article;
(8) an affidavit signed by the applicant stating that the applicant:
(A) has read and understands each provision of this article that creates an  offense under the laws of this state and each provision of the laws of this  state related to use of deadly force;  and
(B) fulfills all the eligibility requirements listed under Section 2 of this  article;  and
(9) a form executed by the applicant that authorizes the director to make an  inquiry into any noncriminal history records that are necessary to determine  the applicant's eligibility for a license under Section 2(a) of this article.
(b) An applicant must provide on the application a statement of the  applicant's:
(1) full name and place and date of birth;
(2) race and sex;
(3) residence and business addresses for the preceding five years;
(4) hair and eye color;
(5) height and weight;
(6) driver's license number or identification certificate number issued by the  department;
(7) criminal history record information of the type maintained by the  department under Chapter 411, Government Code, including a list of offenses  for which the applicant was arrested, charged, or under an information or  indictment and the disposition of the offenses;  and
(8) history during the preceding five years, if any, of treatment received by,  commitment to, or residence in:
(A) a drug or alcohol treatment center licensed to provide drug or alcohol  treatment under the laws of this state or another state;  or
(B) a psychiatric hospital.
(c) The department shall distribute on request a copy of this article and  application materials.

                        Request for Application Materials

  Sec. 4. (a) A person applying for a license to carry a concealed handgun must  apply by obtaining a request for application materials from a handgun dealer,  the department, or any other person or entity approved by the department.  This  request for application materials shall include the applicant's full name,  address, race, sex, height, date of birth, and driver's license number and such  other identifying information as may be required by the department by rule.  This request shall be in a form prescribed by the department and made available  to interested parties by the department.  An individual who desires to receive  application materials shall complete the request for application materials and  forward it to the department at its Austin address.  The department shall  review all such requests for application materials and make a preliminary  determination as to whether or not the individual is qualified to receive a  handgun license.  If an individual is not disqualified to receive a handgun  license, the department shall forward to the individual the appropriate  application materials as described in this article.  The applicant shall  complete the application materials and forward the completed materials to the  department at its Austin address.
(b) In the event that a preliminary review indicates that an individual will  not be qualified to receive a handgun license, the department shall send  written notification to that individual.  The notice shall provide the reason  that the preliminary review indicates that the individual is not entitled to  receive a handgun license.  The individual shall be given an opportunity to  correct whatever defect may exist.

                         Review of Application Materials

  Sec. 5. (a) On receipt of the application materials by the department at its  Austin headquarters, the department shall conduct the appropriate criminal  history record check of the applicant through its computerized criminal history  system.  Not later than the 30th day after the date the department receives the  application materials, the department shall forward the materials to the  director's designee in the geographical area of the applicant's residence so  that the designee may conduct the investigation detailed in Subsection (b) of  this section.
(b) The director's designee as needed shall conduct an additional criminal  history record check of the applicant and an investigation of the applicant's  local official records to verify the accuracy of the application materials.  The scope of the record check and the investigation are at the sole discretion  of the department.  The department shall send a fingerprint card to the Federal  Bureau of Investigation for a national criminal history check of the  applicant.  On completion of the investigation, the director's designee shall  return all materials and the result of the investigation to the appropriate

 division of the department at its Austin headquarters.  The director's designee  may submit to the appropriate division of the department, at the department's  Austin headquarters, along with the application materials a written  recommendation for disapproval of the application, accompanied by an affidavit  stating personal knowledge or naming persons with personal knowledge of a  ground for denial under Section 2 of this article.  The director's designee in  the appropriate geographical area may also submit the application and the  recommendation that the license be issued.

                                     License

  Sec. 6. (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.  The department may issue a license to  carry handguns only of the categories indicated on the applicant's certificate  of proficiency issued under Section 17 of this article.  The 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.
(b)(1) After January 1, 1997, the department, not later than the 60th day  after the date of the receipt by the director's designee of the completed  application materials, shall:
(A) issue the license;  or
(B) notify the applicant in writing that the application was denied:
(i) on the grounds that the applicant failed to qualify under the criteria  listed in Section 2 of this article;
(ii) based on the affidavit of the director's designee submitted to the  department under Section 5(b) of this article;  or
(iii) based on the affidavit of the qualified handgun instructor submitted to  the department under Section 17(c) of this article.
(2) Between the effective date of this article and December 31, 1996, the  department shall perform the duties set out in this subsection not later than  the 90th day after the date of the receipt by the director's designee of the  completed application materials.
(c) If the department issues a license, the department shall notify the  sheriff of the county in which the license holder resides that a license has  been issued to the license holder.  On request of a local law enforcement  agency, the department shall notify the agency of the licenses that have been  issued to license holders who reside in the county in which the agency is  located.
(d) A license issued under this article is effective from the date of  issuance.
(e) 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) a statement of the category or categories of handguns the license holder  may carry as provided by Subsection (f) of this section;

  (4) a color photograph of the license holder;  and
(5) the license holder's full name, date of birth, residence address, hair and  eye color, height, weight, signature, and the number of a driver's license or  an identification certificate issued to the license holder by the department.
(f) A category of handguns contains handguns that are not prohibited by law  and are of certain actions.  The categories of handguns are as follows:
(1) SA:  any handguns, whether semi-automatic or not;  and
(2) NSA:  handguns that are not semi-automatic.
(g) On a demand by a magistrate or a peace officer that a license holder  display the license holder's handgun license, the license holder shall display  both the license and the license holder's driver's license or identification  certificate issued by the department.
(h) If a license holder is carrying a handgun on or about the license holder's  person when a magistrate or a peace officer demands that the license holder  display identification, the license holder shall display both the license  holder's driver's license or identification certificate issued by the  department and the license holder's handgun license.
(i) A person commits an offense if the person fails or refuses to display the  license and identification as required by Subsection (g) or (h) of this  section.  An offense under this subsection is a Class B misdemeanor.

      Notification of Denial, Revocation, or Suspension of License; Review

  Sec. 7. (a) The department shall give written notice to each applicant for a  handgun license of any denial, revocation, or suspension of that license.   Not  later than the 30th day after the notice is received by the applicant,  according to the records of the department, the applicant or license holder may  request a hearing on the denial, revocation, or suspension.  The applicant must  make a written request for a hearing addressed to the department at its Austin  address.  The request for hearing must reach the department in Austin prior to  the 30th day after the date of receipt of the written notice.  On receipt of a  request for hearing from a license holder or applicant, the department shall  promptly schedule a hearing in the appropriate justice court in the county of  residence of the applicant or license holder.  The justice court shall conduct  a hearing to review the denial, revocation, or suspension of the license.  In a  proceeding under this section, a justice of the peace shall act as an  administrative hearing officer.  A hearing under this section is not subject  to Chapter 2001, Government Code (Administrative Procedure Act). The  department may be represented by a district attorney or county attorney, the  attorney general, or a designated member of the department.
(b) The department, on receipt of a request for hearing, shall file the  appropriate petition in the justice court selected for the hearing and send a  copy of that petition to the applicant or license holder at the address  contained in departmental records.  A hearing under this section must be  scheduled within 30 days of receipt of the request for a hearing.   The hearing  shall be held expeditiously but in no event more than 60 days after the date  that the applicant or license holder requested the hearing.   The date of the  hearing may be reset on the motion of either party, by agreement of the  parties, or by the court as necessary to accommodate the court's docket.

  (c) The justice court shall determine if the denial, revocation, or suspension  is supported by a preponderance of the evidence.  Both the applicant or license  holder and the department may present evidence.  The court shall affirm the  denial, revocation, or suspension if the court determines that denial,  revocation, or suspension was supported by a preponderance of the evidence.  If  the court determines that the denial, revocation, or suspension was not  supported by a preponderance of the evidence, the court shall order the  department to immediately issue or return the license to the applicant or  license holder.
(d) A proceeding under this section is subject to Chapter 105, Civil  Practice and Remedies Code, relating to fees, expenses, and attorney's fees.
(e) A party adversely affected by the court's ruling following a hearing under  this section may appeal the ruling by filing within 30 days after the ruling a  petition in a county court at law in the county in which the applicant or  license holder resides or, if there is no county court at law in the county, in  the county court of the county.  A person who appeals under this section must  send by certified mail a copy of the person's petition, certified by the clerk  of the court in which the petition is filed, to the appropriate division of the  department at its Austin headquarters.  The trial on appeal shall be a trial de  novo without a jury.  The department may be represented by a district or county  attorney or the attorney general.
(f) A suspension of a license may not be probated.
(g) If an applicant or a license holder does not petition the justice court, a  denial becomes final and a revocation or suspension takes effect on the 30th  day after receipt of written notice.  Failure of the director to issue or deny  a license as required under Section 6(b) of this article for a period of more  than 30 days after he is required to act under that section constitutes denial.
(h) The department is specifically authorized to utilize and to introduce into  evidence certified copies of governmental records to establish the existence of  certain events which could result in the denial, revocation, or suspension of a  license under this article, including but not limited to records regarding  convictions, judicial findings regarding mental competency, judicial findings  regarding chemical dependency, or other matters that may be established by  governmental records which have been properly authenticated.

                       Notice of Change of Address or Name

  Sec. 8. (a) If a person who is a current license holder moves from the address  stated on the license or if the name of the person is changed by marriage or  otherwise, the person shall, not later than the 30th day after the date of the  address or name change, notify the department and provide the department with  the number of the person's license and the person's:
(1) former and new addresses;  or
(2) former and new names.
(b) If the name of the license holder is changed by marriage or otherwise, the  person shall apply for a duplicate license.
(c) If a license holder moved from the address on the license, the person  shall apply for a duplicate license.
(d) The department shall charge a license holder a fee of $25 for a duplicate  license.
(e) The department shall make the forms available on request.
(f) The department shall notify the sheriff of the county in which a license  holder resides of a change made under Subsection (a) of this section by the  license holder.  On request of a local law enforcement agency, the department  shall notify the agency of changes made under Subsection (a) of this section by  license holders who reside in the county in which the agency is located.
(g) If a license is lost, stolen, or destroyed, the license holder shall apply  for a duplicate license not later than the 30th day after the date of the loss,  theft, or destruction of the license.
(h) If a license holder is required under this section to apply for a  duplicate license and the license expires not later than the 60th day after the  date of the loss, theft, or destruction of the license, the applicant may renew  the license with the modified information included on the new license.  The  applicant shall pay only the nonrefundable renewal fee.

                                   Expiration

  Sec. 9. (a) A license issued under this article expires on the first birthday  of the license holder occurring after the fourth anniversary of the date of  issuance.
(b) A renewed license expires on the license holder's birthdate, four years  after the date of the expiration of the previous license.
(c) A duplicate license expires on the date the license that was duplicated  would have expired.
(d) A modified license expires on the date the license that was modified would  have expired.

                                  Modification

  Sec. 10. (a) To modify a license to allow a license holder to carry a handgun  of a different category than the license indicates, the license holder must:
(1) complete a proficiency examination as provided by Section 16(e) of this  article;
(2) obtain a handgun proficiency certificate under Section 17 of this article  not more than six months before the date of application for a modified  license;  and
(3) submit to the department:
(A) an application for a modified license on a form provided by the  department;
(B) a copy of the handgun proficiency certificate;
(C) payment of a modified license fee of $25;  and
(D) two recent color passport photographs of the license holder.
(b) The director by rule shall adopt a modified license application form  requiring an update of the information on the original completed application.
(c) The department may modify the license of a license holder who meets all  the eligibility requirements and submits all the modification materials.  Not  later than the 45th day after receipt of the modification materials, the  department shall issue the modified license or notify the license holder in

 writing that the modified license application was denied.
(d) On receipt of a modified license, the license holder shall return the  previously issued license to the department.

                                     Renewal

  Sec. 11. (a) To renew a license, a license holder must:
(1) complete a continuing education course in handgun proficiency under  Section 16(c) of this article not more than six months before the date of  application for renewal;
(2) obtain a handgun proficiency certificate under Section 17 of this article  not more than six months before the date of application for renewal;  and
(3) submit to the department:
(A) an application for renewal on a form provided by the department;
(B) a copy of the handgun proficiency certificate;
(C) payment of a nonrefundable renewal fee as set by the department;  and
(D) two recent color passport photographs of the applicant.
(b) The director by rule shall adopt a renewal application form requiring an  update of the information on the original completed application.  The director  by rule shall set the renewal fee in an amount that is sufficient to cover the  actual cost to the department to renew a license.  Not later than the 60th day  before the expiration date of the license, the department shall mail to each  license holder a written notice of the expiration of the license and a renewal  form.
(c) The department shall renew the license of a license holder who meets all  the eligibility requirements and submits all the renewal materials.  Not later  than the 45th day after receipt of the renewal materials, the department shall  issue the renewal or notify the license holder in writing that the renewal  application was denied.
(d) The director by rule shall adopt a procedure by which a license holder who  satisfies the eligibility criteria may renew a license by mail.  The materials  for renewal by mail must include a form to be signed and returned to the  department by the applicant that describes state law regarding:
(1) the use of deadly force;  and
(2) the places where it is unlawful for the holder of a license issued under  this article to carry a concealed handgun.

                                   Revocation

  Sec. 12. (a) A license may be revoked under this section if the license  holder:
(1) was not entitled to the license at the time it was issued;
(2) gave false information on the application;
(3) subsequently becomes ineligible for a license under Section 2 of this  article;  or
(4) is convicted of an offense under Section 46.035, Penal Code.
(b) If a peace officer believes a reason listed in Subsection (a) of this  section to revoke a license exists, the peace officer shall prepare an  affidavit on a form provided by the department stating the reason for the  revocation of the license and giving the department all of the information  available to the peace officer at the time of the preparation of the form.  The  officer shall attach the officer's reports relating to the license holder to  the form and send the form and attachments to the appropriate division of the  department at its Austin headquarters not later than the fifth working day  after the date the form is prepared.  The officer shall send a copy of the form  and the attachments to the license holder.  If the license holder has not  surrendered the license or the license was not seized as evidence, the license  holder shall surrender the license to the appropriate division of the  department not later than the 10th day after the date the license holder  receives the notice of revocation from the department, unless the license  holder requests a hearing from the department.  The license holder may request  that the justice court in the justice court precinct in which the license  holder resides review the revocation as provided by Section 7 of this article.  If a request is made for the justice court to review the revocation and hold a  hearing, the license holder shall surrender the license on the date an order of  revocation has been entered by the justice court.
(c) A license holder whose license has been revoked for a reason listed in  this section may reapply as a new applicant for the issuance of a license under  this article after the second anniversary of the date of the revocation if the  cause for revocation does not exist on the date of the second anniversary.  If  the cause of revocation exists on the date of the second anniversary after the  date of revocation, the license holder may not apply for a new license until  the cause for the revocation no longer exists and has not existed for a period  of two years.

                              Suspension of License

  Sec. 13. (a) A license may be suspended under this section if the license  holder:
(1) is convicted of disorderly conduct punishable as a Class C misdemeanor  under Section 42.01, Penal Code;
(2) fails to display a license as required by Section 6 of this article;
(3) fails to notify the department of a change of address or name as required  by Section 8 of this article;
(4) carries a concealed handgun under the authority of this article of a  different category than the license holder is licensed to carry;
(5) has been charged by indictment with the commission of an offense that  would make the license holder ineligible for a license on conviction;  or
(6) fails to return a previously issued license after a license is modified as  required by Section 10(d) of this article.
(b) If any peace officer believes a reason listed in Subsection (a) of this  section to suspend a license exists, the officer shall prepare an affidavit on  a form provided by the department stating the reason for the suspension of the  license and giving the department all of the information available to the  officer at the time of the preparation of the form.  The officer shall attach  the officer's reports relating to the license holder to the form and send the  form and the attachments to the appropriate division of the department at its  Austin headquarters not later than the fifth working day after the date the  form is prepared.  The officer shall send a copy of the form and the  attachments to the license holder.  If the license holder has not surrendered  the license or the license was not seized as evidence, the license holder shall  surrender the license to the appropriate division of the department not later  than the 10th day after the date the license holder receives the notice of  suspension from the department unless the license holder requests a hearing  from the department.  The license holder may request that the justice court in  the justice court precinct in which the license holder resides review the  suspension as provided by Section 7 of this article.  If a request is made for  the justice court to review the suspension and hold a hearing, the license  holder shall surrender the license on the date an order of suspension has been  entered by the justice court.
(c) A license may be suspended under this section for not less than one year  and not more than three years.

                         Seizure of Handgun and License

  Sec. 14. (a) If a peace officer arrests and takes into custody a license  holder who is carrying a handgun under the authority of this article, the peace  officer shall seize the license holder's handgun and license as evidence.
(b) The provisions of Article 18.19, Code of Criminal Procedure, relating  to the disposition of weapons seized in connection with criminal offenses,  apply to a handgun seized under this subsection.
(c) Any judgment of conviction entered by any court for an offense under  Section 46.035, Penal Code, shall contain the handgun license number of the  convicted license holder.  A certified copy of the judgment is conclusive and  sufficient evidence to justify revocation of a license under Section 12(a)(4)  of this article.

                             Limitation of Liability

  Sec. 15. (a) A court may not hold the state, an agency or subdivision of the  state, an officer or employee of the state, a peace officer, or a qualified  handgun instructor liable for damages caused by:
(1) an action authorized under this article or failure to perform a duty  imposed by this article;  or
(2) the actions of an applicant or license holder that occur after the  applicant has received a license or been denied a license under this article.
(b) A cause of action in damages may not be brought against the state, an  agency or subdivision of the state, an officer or employee of the state, a  peace officer, or a qualified handgun instructor for any damage caused by the  actions of an applicant or license holder under this article.
(c) The department is not responsible for any injury or damage inflicted on  any person by an applicant or license holder arising or alleged to have arisen  from an action taken by the department under this article.
(d) The immunities granted above under Subsections (a), (b), and (c) of this  section do not apply to acts or failures to act by the state, an agency or  subdivision of the state, an officer of the state, or a peace officer when such  acts or failures to act were capricious or arbitrary.

                         Handgun Proficiency Requirement

  Sec. 16. (a) The director shall by rule 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 the category of handgun for which the  applicant seeks certification.  An applicant may not be certified unless the  applicant demonstrates, at a minimum, the degree of proficiency that is  required to effectively operate a 9-millimeter or .38-caliber handgun.  The  department shall distribute the standards, course requirements, and  examinations on request to any qualified handgun instructor.
(b) A handgun proficiency course must be administered by a qualified handgun  instructor and must include at least 10 hours and not more than 15 hours of  instruction on:
(1) the laws that relate to weapons and to the use of deadly force;
(2) handgun use, proficiency, and safety;
(3) nonviolent dispute resolution;  and
(4) proper storage practices for handguns with an emphasis on storage  practices that eliminate the possibility of accidental injury to a child.
(c) The department shall by rule develop a continuing education course in  handgun proficiency for a license holder who wishes to renew a license.  The  continuing education course shall be administered by a qualified handgun  instructor and must include at least four hours of instruction on one or more  of the subjects listed in Subsection (b) of this section and include other  information the director determines is appropriate.
(d) The proficiency examination to obtain or to renew a license must be  administered by a qualified handgun instructor and must include:
(1) a written section on the subjects listed in Subsection (b) of this  section;  and
(2) a physical demonstration of proficiency in the use of one or more handguns  of specific categories and in handgun safety procedures.
(e) The proficiency examination to modify a license must be administered by a  qualified handgun instructor and must include a physical demonstration of the  proficiency in the use of one or more handguns of specific categories and in  handgun safety procedures.
(f) The department shall develop and distribute directions and materials for  course instruction, test administration, and recordkeeping.  All test results  shall be sent to the department, and the department shall maintain a record of  the results.
(g) A person who wishes to obtain or renew a license to carry a concealed  handgun shall apply in person to a qualified handgun instructor to take the  appropriate course in handgun proficiency, demonstrate handgun proficiency, and  obtain a handgun proficiency certificate as described by Section 17 of this  article.
(h) A license holder who wishes to modify a license to allow the license  holder to carry a handgun of a different category than the license indicates  shall apply in person to a qualified handgun instructor to demonstrate the  required knowledge and proficiency to obtain a handgun proficiency certificate  in that category as described by Section 17 of this article.
(i) A certified firearms instructor of the department may monitor any class or  training presented by a qualified handgun instructor.  A qualified handgun  instructor shall cooperate with the department in the department's efforts to  monitor the presentation of training by the qualified handgun instructor.  A  qualified handgun instructor shall make available for inspection to the  department any and all records maintained by a qualified handgun instructor  under this article.  The qualified handgun instructor shall keep a record of  all certificates of handgun proficiency issued by the qualified handgun  instructor and other information required by the department by rule.
(j) The department shall conduct a study to determine the effectiveness and  feasibility of allowing an applicant to take a written competency examination  administered by a qualified handgun instructor in lieu of attending the  classroom instruction required under this section as part of the handgun  proficiency course.  The department shall report the findings of the study to  the legislature not later than January 31, 1997.

                         Handgun Proficiency Certificate

  Sec. 17. (a) The department shall develop a sequentially numbered handgun  proficiency certificate and distribute the certificate to qualified handgun  instructors who administer the handgun proficiency examination described in  Section 16 of this article.   The department by rule may set a fee not to  exceed $5 to cover the costs of the certificates.
(b) If a person successfully completes the proficiency requirements as  described in Section 16 of this article, the instructor shall endorse a  certificate of handgun proficiency provided by the department.  An applicant  must successfully complete both classroom and range instruction to receive a  certificate.  The certificate must indicate the category of any handgun for  which the applicant demonstrated proficiency during the examination.
(c) A qualified handgun instructor may submit to the department a written  recommendation for disapproval of the application for a license, renewal, or  modification of a license, accompanied by an affidavit stating personal  knowledge or naming persons with personal knowledge of facts that lead the  instructor to believe that an applicant is not qualified for handgun  proficiency certification.

                          Qualified Handgun Instructors

  Sec. 18. (a) The director may certify as a qualified handgun instructor a  person who:
(1) is certified by the Commission on Law Enforcement Officer Standards and  Education or the Texas Board of Private Investigators and Private Security  Agencies to instruct others in the use of handguns;
(2) regularly instructs others in the use of handguns and has graduated from a  handgun instructor school that uses a nationally accepted course designed to  train persons as handgun instructors;  or
(3) is certified by the National Rifle Association of America as a handgun  instructor.
(b) In addition to the qualifications described by Subsection (a) of this  section, a qualified handgun instructor must be qualified to instruct persons  in:
(1) the laws that relate to weapons and to the use of deadly force;
(2) handgun use, proficiency, and safety;
(3) nonviolent dispute resolution;  and
(4) proper storage practices for handguns, including storage practices that  eliminate the possibility of accidental injury to a child.
(c) The department shall provide training to an individual who applies for  certification as a qualified handgun instructor.  An applicant shall pay a fee  of $100 to the department for the training.  An 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 waive the requirements regarding a  handgun proficiency certification under Section 17 of this article for an  applicant for a license to carry a concealed handgun who takes and successfully  completes training under this subsection and pays the training fee.  The  department by rule may prorate or waive the training fee for an employee of  another governmental entity.
(d) The certification of a qualified handgun instructor expires on the second  anniversary after the date of certification.  To renew a certification, the  qualified handgun instructor must pay a fee of $100 and take and successfully  complete the retraining courses required by rule of the department.
(e) After certification, a qualified handgun instructor may conduct training  for applicants for a license under this article.
(f) If the department determines that a reason exists to revoke, suspend, or  deny a license to carry a concealed handgun with respect to a person who is a  qualified handgun instructor or an applicant for certification as a qualified  handgun instructor, the department shall take that action against the person's  certification as a qualified handgun instructor regardless of whether the  person has a license issued under this article to carry a concealed handgun.

    Review of Denial, Revocation, or Suspension of Certification as Qualified                                Handgun Instructor

  Sec. 19. The procedures for the review of a denial, revocation, or suspension  of a license under Section 7 of this article apply to the review of a denial,  revocation, or suspension of certification as a qualified handgun instructor.  The notice provisions of this article relating to denial, revocation, or  suspension of handgun licenses apply to the proposed denial, revocation, or  suspension of a certification of a qualified handgun instructor or applicant  therefor.

                           Confidentiality of Records

  Sec. 20. The department shall disclose to a criminal justice agency  information contained in its files and records regarding whether a named  individual or any individual named in a specified list is licensed under this  article.  The department shall, on written request and payment of a reasonable  fee to cover costs of copying, disclose to any other individual whether a named  individual or any individual whose full name is listed on a specified written  list is licensed under this article.  Information on an individual subject to  disclosure under this section includes the individual's name, date of birth,  gender, race, and zip code.  Except as otherwise provided by this section and  by Section 21 of this article, all other records maintained under this article  are confidential and are not subject to mandatory disclosure under the open  records law, Chapter 552, Government Code, except that the applicant or  license holder may be furnished a copy of such disclosable records on request  and the payment of a reasonable fee.  The department shall notify a license  holder of any request that is made for information relating to the license  holder under this section and provide the name of the person or agency making  the request.  Nothing in this section shall prevent the department from making  public and distributing to the public at no cost lists of individuals who are  certified as qualified handgun instructors by the department.

                               Statistical Report

  Sec. 21. The department shall make available, on request and payment of a  reasonable fee to cover costs of copying, a statistical report that includes  the number of licenses issued, denied, revoked, or suspended by the department  during the preceding month, listed by age, gender, race, and zip code of the  applicant or license holder.

                                      Rules

  Sec. 22. The director shall adopt rules to administer this article.

                                      Funds

  Sec. 23. The department shall forward the fees collected under this article to  the comptroller of public accounts.  The comptroller shall deposit the fees to  the credit of an account in the general revenue fund to be known as the  concealed handgun license account.  The legislature may appropriate funds from  the account only for the purpose of paying the costs of the department in  implementing this article.  At the end of each fiscal year, the comptroller  shall transfer the excess funds in the account to the state treasury to the  credit of the crime victims compensation fund.

                                     Notice

  Sec. 24. (a) For the purpose of a notice required by this article, the  department may assume that the address currently reported to the department by  the applicant or license holder is the correct address.
(b) A written notice meets the requirements under this article if the notice  is sent by certified mail to the current address reported by the applicant or  license holder to the department.
(c) If a notice is returned to the department because the notice is not  deliverable, the department may give notice by publication once in a newspaper  of general interest in the county of the applicant's or license holder's last  reported address.  On the 31st day after the date the notice is published, the  department may take the action proposed in the notice.

                                Method of Payment

  Sec. 25. A person may pay a fee required by this article only by cashier's  check, money order made payable to the "Texas Department of Public Safety," or  any other method approved by the department.  A fee received by the department  under this article is nonrefundable.

                                License a Benefit

  Sec. 26. The issuance of a license under this article is a benefit to the  license holder for purposes of those sections of the Penal Code to which the  definition of "benefit" under Section 1.07, Penal Code, applies.

                  Law Enforcement Officer Alias Handgun License

  Sec. 27. (a) On written approval of the director, the department may issue to  a law enforcement officer an alias license to carry a concealed handgun to be  used in supervised activities involving criminal investigations.
(b) It is a defense to prosecution under Section 46.035, Penal Code, that  the actor, at the time of the commission of the offense, was the holder of an  alias license issued under this section.

                        Honorably Retired Peace Officers

  Sec. 28. (a) A person who is licensed as a peace officer under Chapter 415,  Government Code, and who has been employed full-time as a peace officer by a  law enforcement agency may apply for a license under this article on  retirement.  The application must be made not later than the first anniversary  after the date of retirement.
(b) The person shall submit two complete sets of legible and classifiable  fingerprints and a sworn statement from the head of the law enforcement agency  employing the applicant.  The statement shall include:
(1) the name and rank of the applicant;
(2) the status of the applicant before retirement;
(3) whether or not the applicant was accused of misconduct at the time of the  retirement;
(4) the physical and mental condition of the applicant;
(5) the type of weapons the applicant had demonstrated proficiency with during  the last year of employment;
(6) whether the applicant would be eligible for reemployment with the agency,  and if not, the reasons the applicant is not eligible;  and
(7) a recommendation from the agency head regarding the issuance of a license  under this article.
(c) The department may issue a license under this article to an applicant  under this section if the applicant is honorably retired and physically and  emotionally fit to possess a handgun.  In this subsection, "honorably retired"  means the applicant:
(1) did not retire in lieu of any disciplinary action;
(2) was employed as a full-time peace officer for not less than 10 years by  one agency;  and
(3) is entitled to receive a pension or annuity for service as a law  enforcement officer.
(d) An applicant under this section shall pay a fee of $25 for a license  issued under this article.
(e) A retired peace officer who obtains a license under this article must  maintain, for the category of weapon licensed, the proficiency required for a  peace officer under Section 415.035, Government 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.
(f) A license issued under this section expires as provided by Section 9 of  this article.
(g) A retired criminal investigator of the United States who is designated as  a "special agent" is eligible for a license under this section.  An applicant  described by this subsection may submit the application at any time after  retirement.  The applicant shall submit with the application proper proof of  retired status by presenting the following documents prepared by the agency  from which the applicant retired:
(1) retirement credentials;  and
(2) a letter from the agency head stating the applicant retired in good  standing.

                    Application to Licensed Security Officers

  Sec. 29. This article does not exempt a license holder who is also employed as  a security officer and licensed under the Private Investigators and Private  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)  from the duty to comply with that Act or Section 46.02, Penal Code.

                      Active and Retired Judicial Officers

  Sec. 30. (a) In this section:
(1) "Active judicial officer" means a person serving as a judge or justice of  the supreme court, the court of criminal appeals, a court of appeals, a  district court, a criminal district court, a constitutional county court, a  statutory county court, a justice court, or a municipal court.
(2) "Retired judicial officer" means:
(A) a special judge appointed under Section 26.023 or 26.024, Government  Code;  or
(B) a senior judge designated under Section 75.001, Government Code, or a  judicial officer as designated or defined by Section 75.001, 831.001, or  836.001, Government Code.
(b) Notwithstanding any other provision of this article, the department shall  issue a license under this article to an active or retired judicial officer who  meets the requirements of this section.
(c) An active judicial officer is eligible for a license to carry a concealed  handgun under the authority of this article.  A retired judicial officer is  eligible for a license to carry a concealed handgun under the authority of this  article 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;
(3) is not charged with the commission of a Class A or Class B misdemeanor 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.
(d) An applicant for a license who is an active or retired judicial officer  must submit to the department:
(1) a completed application on a form prescribed by the department;
(2) two recent color passport photographs of the applicant;
(3) a handgun proficiency certificate issued to the applicant as evidence that  the applicant successfully completed the proficiency requirements of this  article;
(4) a nonrefundable application and license fee set by the department in an  amount reasonably designed to cover the administrative costs associated with  issuance of a license to carry a concealed handgun under this article;  and
(5) if the applicant is a retired judicial officer:
(A) two complete sets of legible and classifiable fingerprints of the  applicant taken by a person employed by a law enforcement agency who is  appropriately trained in recording fingerprints;  and
(B) a form executed by the applicant that authorizes the department to make an  inquiry into any noncriminal history records that are necessary to determine  the applicant's eligibility for a license under this article.
(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  concealed handgun under the authority of this article;  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 concealed  handgun under the authority of this article.
(f) Except as otherwise provided by this subsection, an applicant for a  license under this section must satisfy the handgun proficiency requirements of  Section 16 of this article.  The classroom instruction part of the proficiency  course for an active judicial officer is not subject to a minimum hour  requirement.  The instruction must include instruction only on:
(1) handgun use, proficiency, and safety;  and
(2) proper storage practices for handguns with an emphasis on storage  practices that eliminate the possibility of accidental injury to a child.

  (g) A license issued under this section expires as provided by Section 9 of  this article and, except as otherwise provided by this subsection, may be  renewed in accordance with Section 11 of this article.  An active judicial  officer is not required to attend the classroom instruction part of the  continuing education proficiency course to renew a license.
(h) The department shall issue a license to carry a concealed handgun under  the authority of this article 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 article  for an applicant who is an attorney elected or employed to represent the state  in the prosecution of felony cases.

                       Notice Required on Certain Premises

  Sec. 31. (a) A business that has a permit or license issued under Chapter  25, 28, 32, or 69, Alcoholic Beverage Code, and that derives 51  percent or more of its income from the sale of alcoholic beverages for on-  premises consumption shall prominently display at each entrance to the business  premises a sign that complies with the requirements of Subsection (c) of this  section.
(b) A hospital licensed under Chapter 241, Health and Safety Code, or a  nursing home licensed under Chapter 242, Health and Safety Code, shall  prominently display at each entrance to the hospital or nursing home, as  appropriate, a sign that complies with the requirements of Subsection (c) of  this section.
(c) The sign required under Subsections (a) and (b) of this section must give  notice in both English and Spanish that it is unlawful to carry a handgun on  the premises.  The sign must appear in contrasting colors with block letters at  least one inch in height and shall be displayed in a conspicuous manner clearly  visible to the public.

                               Rights of Employers

  Sec. 32. This article does not prevent or otherwise limit the right of a  public or private employer to prohibit persons who are licensed under this  article from carrying a concealed handgun on the premises of the business.

                       Reduction of Fees Due to Indigency

  Sec. 33. (a) Notwithstanding any other provision of this article, the  department shall reduce by 50 percent any fee required for the issuance of an  original, duplicate, modified, or renewed license under this article if the  department determines that the applicant is indigent.
(b) The department shall require an applicant requesting a reduction of a fee  to submit proof of indigency with the application materials.
(c) For purposes of this section, an applicant is indigent if the applicant's  income is not more than 100 percent of the applicable income level established  by the federal poverty guidelines.

                      Reduction of Fees for Senior Citizens

  Sec. 34. Notwithstanding any other provision of this article, the department  shall reduce by 50 percent any fee required for the issuance of an original,  duplicate, or modified license under this article if the applicant for the  license is 60 years of age or older.

                               Reciprocal License

  Sec. 35. On application by a person who has a valid license to carry a  concealed handgun issued by another state, the department may issue to the  person a license under this article without requiring that the person meet  eligibility requirements or pay fees otherwise imposed under this article, but  only if the department determines that:
(1) the eligibility requirements imposed by the other state are at least as  rigorous as the requirements imposed by this article;  and
(2) the other state provides reciprocal licensing privileges to a person who  holds a license issued under this article and applies for a license in the  other state.

                     Authority of a Peace Officer to Disarm

  Sec. 36. A peace officer who is acting in the lawful discharge of the  officer's official duties is authorized to disarm a license holder at any time  when the peace officer reasonably believes it is necessary for the protection  of the license holder, peace officer, or other individuals.  The peace officer  shall return the handgun to the license holder before discharging the license  holder from the scene when the peace officer has determined that the license  holder is not a threat to the peace officer, license holder, or other  individuals, and providing that the license holder has not violated any  provision of this Act, or has not committed any other violation that results in  the arrest of the license holder.