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Texas Gun Laws

last updated: June 23, 2016

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://www.statutes.legis.state.tx.us/?link=PE .

Texas Constitution Article I, Section 23

Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

BUSINESS AND COMMERCE CODE

TITLE 11 - PERSONAL IDENTITY INFORMATION

SUBTITLE A - IDENTIFYING INFORMATION

CHAPTER 506 - Concealed Handgun Licenses As Valid Forms Of Personal Identification

§506.001 - (2015) Concealed Handgun License As Valid Proof Of Identification
  1. 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.
  2. 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 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.

Added by Acts 2015, 84th Leg., R.S., Ch. 794 (H. B. 2739), Sec. 1, eff. Sept. 1, 2015.

ESTATES CODE

TITLE 3 - GUARDIANSHIP AND RELATED PROCEDURES

SUBTITLE F - EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP

CHAPTER 1202 - Modification Or Termination Of Guardianship

Subchapter E - Restoration Of Rights On Termination Of Guardianship

§1202.201 - Removal Of Firearm Disability On Complete Restoration Of Ward's Capacity
  1. A person whose guardianship was terminated because the person's capacity was completely restored may file an application with the court that created the guardianship for an order requesting the removal of the person's disability to purchase a firearm imposed under 18 U.S.C. Section 922(g)(4).
  2. At a proceeding involving the complete restoration of the ward's capacity under Subchapter B, the ward or a person interested in the ward's welfare may request an order seeking relief from a firearms disability described by Subsection (a).
  3. In determining whether to grant the relief sought under Subsection (a) or (b), the court must hear and consider evidence about:
    1. the circumstances that led to imposition of the firearms disability;
    2. the person's mental history;
    3. the person's criminal history; and
    4. the person's reputation.
  4. A court may not grant relief under this section unless the court makes and enters in the record the following affirmative findings:
    1. the person or ward is no longer likely to act in a manner dangerous to public safety; and
    2. removing the person's or ward's disability to purchase a firearm is in the public interest.

Added by Acts 2013, 83rd Leg., R.S., Ch. 684 (H.B. 2407), Sec. 1, eff. January 1, 2014.

FAMILY CODE

TITLE 5 - THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE D - ADMINISTRATIVE SERVICES

CHAPTER 231 - Title IV-D Services

Subchapter A - Administration Of Title IV-D Program

§231.302 - Information To Assist In Location Of Persons Or Property
  1. The Title IV-D agency of this or another state may request and obtain information relating to the identity, location, employment, compensation, benefits, income, and property holdings or other assets of any person from a state or local government agency, private company, institution, or other entity as necessary to establish, modify, or enforce a support order.
  2. A government agency, private company, institution, or other entity shall provide the information requested under Subsection (a) directly to the Title IV-D agency, without the requirement of payment of a fee for the information, and shall, subject to safeguards on privacy and information security, provide the information in the most efficient and expeditious manner available, including electronic or automated transfer and interface. Any individual or entity disclosing information under this section in response to a request from a Title IV-D agency may not be held liable in any civil action or proceeding to any person for the disclosure of information under this subsection.
  3. Except as provided by Subsection (c-1), to assist in the administration of laws relating to child support enforcement under Parts A and D of Title IV of the federal Social Security Act (42 U.S.C. Sections 601-617 and 651-669):
    1. each licensing authority shall request and each applicant for a license shall provide the applicant's social security number;
    2. each agency administering a contract that provides for a payment of state funds shall request and each individual or entity bidding on a state contract shall provide the individual's or entity's social security number as required by Section 231.006; and
    3. each agency administering a state-funded grant or loan program shall request and each applicant for a grant or loan shall provide the applicant's social security number as required by Section 231.006.

    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.

  4. This section does not limit the right of an agency or licensing authority to collect and use a social security number under another provision of law.
  5. Except as provided by Subsection (d), a social security number provided under this section is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Part A or D of Title IV of the federal Social Security Act (42 U.S.C. Sections 601 et seq. and 651 et seq).
  6. Information collected by the Title IV-D agency under this section may be used only for child support purposes.
  7. In this section, "licensing authority" has the meaning assigned by Section 232.001.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by
Acts 1995, 74th Leg., ch. 751, Sec. 84, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 420, Sec. 20, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 911, Sec. 77, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 62, Sec. 6.28, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1023, Sec. 56, eff. Sept. 1, 2001;
Acts 2013, 83rd Leg., R.S., Ch. 665 (H.B. 1349), Sec. 1, eff. January 1, 2014.

GOVERNMENT CODE

TITLE 4 - EXECUTIVE BRANCH

SUBTITLE B - LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 411 - Department Of Public Safety Of The State Of Texas

Subchapter H - License To Carry A Handgun

§411.171 - (2015) Definitions

In this subchapter:

  1. Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
  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. "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
    1. expunged;
    2. pardoned under the authority of a state or federal official; or
    3. otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

    4-a. "Federal judge" means:

    1. a judge of a United States court of appeals;
    2. a judge of a United States district court;
    3. a judge of a United States bankruptcy court; or
    4. a magistrate judge of a United States district court.

    4-b. "State judge" means:

    1. the judge of an appellate court, a district court, or a county court at law of this state;
    2. an associate judge appointed under Chapter 201, Family Code; or
    3. a justice of the peace.
  4. "Handgun" has the meaning assigned by Section 46.01, Penal Code.
  5. "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.
  6. "Qualified handgun instructor" means a person who is certified to instruct in the use of handguns by the department.
  7. Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 9.02(a), eff. Sept. 1, 1999.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.01(a), 9.02(a), eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1084, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 594, Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.06, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.02, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1259, Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14(1), eff. June 14, 2013.
Added: Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 50, eff. Jan. 1, 2016.

§411.1711 - Certain Exemptions From Convictions

A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:

  1. a felony offense under:
    1. Title 5, Penal Code;
    2. Chapter 29, Penal Code;
    3. Section 25.07 or 25.072, Penal Code; or
    4. Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or
  2. an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).

Added by Acts 2005, 79th Leg., Ch. 1084, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.01, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1, 2013.

§411.172 - (2015) Eligibility
  1. A person is eligible for a license to carry a handgun if the person:
    1. is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
    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 equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, 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 or equivalent offense;
    6. is not a chemically dependent person;
    7. is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
    8. has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
    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, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
    12. is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
    13. 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
    14. has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
  2. For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
    1. except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
      1. is designated by a law of this state as a felony;
      2. contains all the elements of an offense designated by a law of this state as a felony; or
      3. is punishable by confinement for one year or more in a penitentiary; 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.
    b-1. An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a handgun, the offense:
    1. is not designated by a law of this state as a felony; and
    2. does not contain all the elements of any offense designated by a law of this state as a felony.
  3. 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 subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.
  4. For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:
    1. has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;
    2. suffers from a psychiatric disorder or condition described by Subdivision (1) that:
      1. is in remission but is reasonably likely to redevelop at a future time; or
      2. requires continuous medical treatment to avoid redevelopment;
    3. has been diagnosed by a licensed physician, determined by a review board or similar authority, or declared by a court to be incompetent to manage the person's own affairs; or
    4. has entered in a criminal proceeding a plea of not guilty by reason of insanity.
  5. The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
    1. involuntary psychiatric hospitalization;
    2. psychiatric hospitalization;
    3. inpatient or residential substance abuse treatment in the preceding five-year period;
    4. diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or
    5. diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:
      1. schizophrenia or delusional disorder;
      2. bipolar disorder;
      3. chronic dementia, whether caused by illness, brain defect, or brain injury;
      4. dissociative identity disorder;
      5. intermittent explosive disorder; or
      6. antisocial personality disorder.
  6. Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.
  7. Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a handgun if the person:
    1. is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
    2. was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
    3. meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun.
  8. The issuance of a license to carry a handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.03(a), 9.04(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 486, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.03, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 17, eff. Jan. 1, 2016.

§411.173 - (2015) Nonresident License
  1. The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant. A license issued in accordance with the procedure established under this subsection:
    1. remains in effect until the license expires under Section 411.183; and
    2. may be renewed under Section 411.185.
    a-1. Repealed by Acts 2005, 79th Leg., Ch. 915, Sec. 4, eff. September 1, 2005.
  2. The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, "background check" means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.
  3. The attorney general of the State of Texas shall annually:
    1. submit a report to the governor, lieutenant governor, and speaker of the house of representatives listing the states the attorney general has determined qualify for recognition under Subsection (b); and
    2. review the statutes of states that the attorney general has determined do not qualify for recognition under Subsection (b) to determine the changes to their statutes that are necessary to qualify for recognition under that subsection.
  4. The attorney general of the State of Texas shall submit the report required by Subsection (c)(1) not later than January 1 of each calendar year.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.05(a), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 752, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 915, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 915, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 915, Sec. 4, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 18, eff. Jan. 1, 2016.

§411.174 - (2015) Application
  1. An applicant for a license to carry a handgun must submit to the director's designee described by Section 411.176:
    1. a completed application on a form provided by the department that requires only the information listed in Subsection (b);
    2. one or more photographs of the applicant that meet the requirements of the department;
    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 appropriately trained in recording fingerprints who is employed by a law enforcement agency or by a private entity designated by a law enforcement agency as an entity qualified to take fingerprints of an applicant for a license under this subchapter;
    6. a nonrefundable application and license fee of $140 paid to the department;
    7. evidence of handgun proficiency, in the form and manner required by the department;
    8. an affidavit signed by the applicant stating that the applicant:
      1. has read and understands each provision of this subchapter 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
      2. fulfills all the eligibility requirements listed under Section 411.172; 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 411.172(a).
  2. 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 this chapter, 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, if any, of treatment received by, commitment to, or residence in:
      1. a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state, but only if the treatment, commitment, or residence occurred during the preceding five years; or
      2. a psychiatric hospital.
    b-1. The application must provide space for the applicant to:
    1. list any military service that may qualify the applicant to receive a license with a veteran's designation under Section 411.179(e); and
    2. include proof required by the department to determine the applicant's eligibility to receive that designation.
  3. The department shall distribute on request a copy of this subchapter and application materials.
  4. The department may not request or require an applicant to provide the applicant's social security number as part of an application under this section.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.06(a), eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 486, Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.04, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 396 (S.B. 164), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 665 (H.B. 1349), Sec. 2, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 19, eff. Jan. 1, 2016.

§411.1741 - (2015) Voluntary Contribution To Fund For Veterans' Assistance
  1. 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.
  2. 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.
  3. The department shall send any contribution made under this section to the comptroller for deposit in the state treasury to the credit of the fund for veterans' assistance not later than the 14th day of each month. Before sending the money to the fund, the department may deduct money equal to the amount of reasonable expenses for administering this section.

Added by Acts 2015, 84th Leg., R.S., Ch. 821 (H. B. 3710), Sec. 2, eff. Spet. 1, 2015

§411.175 - Procedures For Submitting Fingerprints

The department shall establish procedures for the submission of legible and classifiable fingerprints by an applicant for a license under this subchapter who:

  1. is required to submit those fingerprints to the department, including an applicant under Section 411.199, 411.1991, or 411.201; and
  2. resides in a county having a population of 46,000 or less and does not reside within a 25-mile radius of a facility with the capability to process digital or electronic fingerprints.

Added by Added by Acts 2013, 83rd Leg., R.S., Ch. 874 (H.B. 698), Sec. 1, eff. September 1, 2013.

§411.176 - Review Of Application Materials
  1. On receipt of 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 described by Subsection (b). For purposes of this section, the director's designee may be a noncommissioned employee of the department.
  2. 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 director's designee may access any records necessary for purposes of this subsection. The scope of the record check and the investigation are at the sole discretion of the department, except that the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials. 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.
  3. 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 411.172. The director's designee may also submit the application and the recommendation that the license be issued.
  4. On receipt at the department's Austin headquarters of the application materials and the result of the investigation by the director's designee, the department shall conduct any further record check or investigation the department determines is necessary if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, except that the department shall complete the record check and investigation not later than the 180th day after the date the department receives the application materials from the applicant.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.07(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.05, eff. September 1, 2009.

§411.177 - (2015) Issuance Or Denial Of License
  1. The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. 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.
  2. The department shall, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials:
    1. issue the license;
    2. notify the applicant in writing that the application was denied:
      1. on the grounds that the applicant failed to qualify under the criteria listed in Section 411.172;
      2. based on the affidavit of the director's designee submitted to the department under Section 411.176(c); or
      3. based on the affidavit of the qualified handgun instructor submitted to the department under Section 411.188(k); or
    3. notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the amount of time the department will need to make the determination.
  3. Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial.
  4. A license issued under this subchapter is effective from the date of issuance.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.08(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.06, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 5, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 20, eff. Jan. 1, 2016.

§411.178 - Notice To Local Law Enforcement

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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 14, eff. Sept. 1, 1999.

§411.179 - (2015) Form Of License
  1. 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 color photograph of the license holder;
    4. the license holder's full name, date of birth, hair and eye color, height, weight, and signature;
    5. the license holder's residence address or, as provided by Subsection (d), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or the license holder serves as a state judge;
    6. the number of a driver's license or an identification certificate issued to the license holder by the department; and
    7. the designation "VETERAN" if required under Subsection (e).
  2. Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(2), eff. June 14, 2013.
  3. In adopting the form of the license under Subsection (a), the department shall establish a procedure for the license of a qualified handgun instructor or of a judge, justice, prosecuting attorney, or assistant prosecuting attorney, as described by Section 46.15(a)(4) or (6), Penal Code, to indicate on the license the license holder's status as a qualified handgun instructor or as a judge, justice, district attorney, criminal district attorney, or county attorney. In establishing the procedure, the department shall require sufficient documentary evidence to establish the license holder's status under this subsection.
  4. In adopting the form of the license under Subsection (a), the department shall establish a procedure for the license of a federal judge, a state judge, or the spouse of a federal judge or state judge to omit the license holder's residence address and to include, in lieu of that address, the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or state judge. In establishing the procedure, the department shall require sufficient documentary evidence to establish the license holder's status as a federal judge, a state judge, or the spouse of a federal judge or state judge.
  5. In this subsection, "veteran" has the meaning assigned by Section 411.1951. The department shall include the designation "VETERAN" on the face of any original, duplicate, modified, or renewed license under this subchapter or on the reverse side of the license, as determined by the department, if the license is issued to a veteran who:
    1. requests the designation; and
    2. provides proof sufficient to the department of the veteran's military service and honorable discharge.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 594, Sec. 9, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(25), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.002(6), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.07, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 396 (S.B. 164), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 6, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14(2), eff. June 14, 2013
Acts 2015, 84th Leg., R.S., Ch. 1236 (S. B. 1296), Sec. 9.003, eff. Sept. 1, 2015.

§411.180 - Notification Of Denial, Revocation, Or Suspension Of License; Review
  1. 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 (Administrative Procedure Act). A district attorney or county attorney, the attorney general, or a designated member of the department may represent the department.
  2. 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.
  3. 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 is supported by a preponderance of the evidence. If the court determines that the denial, revocation, or suspension is 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.
  4. A proceeding under this section is subject to Chapter 105, Civil Practice and Remedies Code, relating to fees, expenses, and attorney's fees.
  5. 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. A district or county attorney or the attorney general may represent the department.
  6. A suspension of a license may not be probated.
  7. 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.
  8. The department may use and introduce into evidence certified copies of governmental records to establish the existence of certain events that could result in the denial, revocation, or suspension of a license under this subchapter, including records regarding convictions, judicial findings regarding mental competency, judicial findings regarding chemical dependency, or other matters that may be established by governmental records that have been properly authenticated.
  9. This section does not apply to a suspension of a license under Section 85.022, Family Code, or Article 17.292, Code of Criminal Procedure.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1412, Sec. 5, eff. Sept. 1, 1999.

§411.181 - Notice Of Change Of Address Or Name
  1. If a person who is a current license holder moves from any residence address stated on the license, if the name of the person is changed by marriage or otherwise, or if the person's status becomes inapplicable for purposes of the information required to be displayed on the license under Section 411.179, the person shall, not later than the 30th day after the date of the address, name, or status change, notify the department and provide the department with the number of the person's license and, as applicable, the person's:
    1. former and new addresses;
    2. former and new names; or
    3. former and new status.
  2. If the name of the license holder is changed by marriage or otherwise, or if the person's status becomes inapplicable as described by Subsection (a), the person shall apply for a duplicate license. The duplicate license must reflect the person's current name, residence address, and status.
  3. If a license holder moves from the address stated on the license, the person shall apply for a duplicate license.
  4. The department shall charge a license holder a fee of $25 for a duplicate license.
  5. The department shall make the forms available on request.
  6. On request of a local law enforcement agency, the department shall notify the agency of changes made under Subsection (a) by license holders who reside in the county in which the agency is located.
  7. 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.
  8. 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 must pay only the nonrefundable renewal fee.
  9. A license holder whose application fee for a duplicate license under this section is dishonored or reversed may reapply for a duplicate license at any time, provided the application fee and a dishonored payment charge of $25 is paid by cashier's check or money order made payable to the "Texas Department of Public Safety."

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 15, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1065, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 594, Sec. 10, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.08, eff. September 1, 2009.

§411.182 - Notice
  1. For the purpose of a notice required by this subchapter, the department may assume that the address currently reported to the department by the applicant or license holder is the correct address.
  2. A written notice meets the requirements under this subchapter if the notice is sent by certified mail to the current address reported by the applicant or license holder to the department.
  3. 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.183 - Expiration
  1. A license issued under this subchapter expires on the first birthday of the license holder occurring after the fourth anniversary of the date of issuance.
  2. A renewed license expires on the license holder's birthdate, five years after the date of the expiration of the previous license.
  3. A duplicate license expires on the date the license that was duplicated would have expired.
  4. A modified license expires on the date the license that was modified would have expired.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 915, Sec. 3, eff. September 1, 2005.

§411.184 - (Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14, eff. June 14, 2013.)

§411.185 - (2015) License Renewal Procedure
  1. To renew a license, a license holder must, on or before the date the license expires, submit to the department by mail or, in accordance with the procedure adopted under Subsection (f), on the Internet:
    1. a renewal application on a form provided by the department;
    2. payment of a nonrefundable renewal fee as set by the department; and
    3. the informational form described by Subsection (c) signed or electronically acknowledged by the applicant.
  2. 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:
    1. verify the information contained in the renewal application form;
    2. conduct any necessary investigation concerning the license holder's continued eligibility to hold a license; and
    3. issue the renewed license.
  3. The director by rule shall adopt an informational form that describes state law regarding the use of deadly force and the places where it is unlawful for the holder of a license issued under this subchapter to carry a handgun. An applicant for a renewed license must sign and return the informational form to the department by mail or acknowledge the form electronically on the Internet according to the procedure adopted under Subsection (f).
  4. 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 a renewal application form , and the informational form described by Subsection (c).
  5. The department may not request or require a license holder to provide the license holder's social security number to renew a license under this section.
  6. The department shall renew the license of a license holder who meets all the eligibility requirements to continue to hold a license and submits all the renewal materials described by Subsection (a). Not later than the 45th day after receipt of the renewal materials, the department shall issue the renewed license or notify the license holder in writing that the department denied the license holder's renewal application.
  7. The director by rule shall adopt a procedure by which a license holder who satisfies the eligibility requirements to continue to hold a license may submit the renewal materials described by Subsection (a) by mail or on the Internet.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 694, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.10, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 156 (S.B. 864), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 665 (H.B. 1349), Sec. 3, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 21, eff. Jan. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S. B. 1296), Sec. 9.004, eff. Sept. 1, 2015.

§411.186 - Revocation
  1. The department shall revoke a license under this section if the license holder:
    1. was not entitled to the license at the time it was issued;
    2. made a material misrepresentation or failed to disclose a material fact in an application submitted under this subchapter;
    3. subsequently becomes ineligible for a license under Section 411.172, unless the sole basis for the ineligibility is that the license holder is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
    4. is convicted of an offense under Section 46.035, Penal Code;
    5. is determined by the department to have engaged in conduct constituting a reason to suspend a license listed in Section 411.187(a) after the person's license has been previously suspended twice for the same reason; or
    6. submits an application fee that is dishonored or reversed if the applicant fails to submit a cashier's check or money order made payable to the "Department of Public Safety of the State of Texas" in the amount of the dishonored or reversed fee, plus $25, within 30 days of being notified by the department that the fee was dishonored or reversed.
  2. If a peace officer believes a reason listed in Subsection (a) to revoke a license exists, the 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 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 411.180. 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 is entered by the justice court.
  3. A license holder whose license is revoked for a reason listed in Subsections (a)(1)-(5) may reapply as a new applicant for the issuance of a license under this subchapter 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 for 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 revocation no longer exists and has not existed for a period of two years.
  4. A license holder whose license is revoked under Subsection (a)(6) may reapply for an original or renewed license at any time, provided the application fee and a dishonored payment charge of $25 is paid by cashier's check or money order made payable to the "Texas Department of Public Safety."

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.09(a), eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1065, Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.11, eff. September 1, 2009.

§411.187 - Suspension Of License
  1. The department shall suspend a license under this section if the license holder:
    1. is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
    2. fails to notify the department of a change of address, name, or status as required by Section 411.181;
    3. commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or
    4. is arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure.
  2. If a peace officer believes a reason listed in Subsection (a) 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 411.180. 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 is entered by the justice court.
  3. The department shall suspend a license under this section:
    1. for 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2), (3), or (4), except as provided by Subdivision (2);
    2. for not less than one year and not more than three years, if the person's license:
      1. is subject to suspension for a reason listed in Subsection (a), other than the reason listed in Subsection (a)(1); and
      2. has been previously suspended for the same reason;
    3. until dismissal of the charges, if the person's license is subject to suspension for the reason listed in Subsection (a)(1); or
    4. for the duration of or the period specified by:
      1. the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Subsection (a)(5); or
      2. the order for emergency protection issued under Article 17.292, Code of Criminal Procedure, if the person's license is subject to suspension for the reason listed in Subsection (a)(6).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.10(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1412, Sec. 6, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 7, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.12, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.01, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 7, eff. June 14, 2013.

§411.1871 - Notice Of Suspension Or Revocation Of Certain Licenses

The department shall notify the Texas Commission on Law Enforcement Officer Standards and Education if the department takes any action against the license of a person identified by the commission as a person certified under Section 1701.260, Occupations Code, including suspension or revocation.

Added by Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 4, eff. June 14, 2013.

§411.188 - (2015) Handgun Proficiency Requirement
  1. The director by rule shall establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency. The course to teach handgun proficiency is required for each person who seeks to obtain a license and must contain training sessions divided into two parts. One part of the course must be classroom instruction and the other part must be range instruction and an actual demonstration by the applicant of the applicant's ability to safely and proficiently use a handgun. An applicant must be able to demonstrate, at a minimum, the degree of proficiency that is required to effectively operate a handgun of .32 caliber or above. The department shall distribute the standards, course requirements, and examinations on request to any qualified handgun instructor.
  2. Only qualified handgun instructors may administer the classroom instruction part or the range instruction part of the handgun proficiency course. The classroom instruction part of the course must include not less than four hours and not more than six hours of instruction on:
    1. the laws that relate to weapons and to the use of deadly force;
    2. handgun use and safety, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns;
    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.
  3. Repealed by Acts 2013, 83rd Leg., R.S., Ch. 156, Sec. 3, eff. September 1, 2013.
  4. Only a qualified handgun instructor may administer the proficiency examination to obtain a license. The proficiency examination must include:
    1. a written section on the subjects listed in Subsection (b); and
    2. a physical demonstration of proficiency in the use of one or more handguns and in handgun safety procedures.
  5. Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(4), eff. June 14, 2013.
  6. 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.
  7. Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(4), eff. June 14, 2013.
  8. 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 subchapter. The qualified handgun instructor shall keep a record of all information required by department rule.
  9. For license holders seeking to renew their licenses, the department may offer online, or allow a qualified handgun instructor to offer online, the classroom instruction part of the handgun proficiency course and the written section of the proficiency examination.
  10. A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license 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 does not possess the required handgun proficiency. The department may use a written recommendation submitted under this subsection as the basis for denial of a license only if the department determines that the recommendation is made in good faith and is supported by a preponderance of the evidence. The department shall make a determination under this subsection not later than the 45th day after the date the department receives the written recommendation. The 60-day period in which the department must take action under Section 411.177(b) is extended one day for each day a determination is pending under this subsection.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a) eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.11(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 5.10, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.13, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 156 (S.B. 864), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 156 (S.B. 864), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 8, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14(4), eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 22, eff. Jan. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S. B. 1296), Sec. 9.005, 9.006, eff. Sept. 1, 2015.

§411.1881 - Exemption From Instruction For Certain Persons
  1. Notwithstanding any other provision of this subchapter, a person may not be required to complete the range instruction portion of a handgun proficiency course to obtain a license issued under this subchapter if the person:
    1. is currently serving in or is honorably discharged from:
      1. the army, navy, air force, coast guard, or marine corps of the United States or an auxiliary service or reserve unit of one of those branches of the armed forces; or
      2. the Texas military forces, as defined by Section 437.001; and
    2. has, within the five years preceding the date of the person's application for the license, completed a course of training in handgun proficiency or familiarization as part of the person's service with the armed forces or Texas military forces.
  2. The director by rule shall adopt a procedure by which a license holder who is exempt under Subsection (a) from the range instruction portion of the handgun proficiency requirement may submit a form demonstrating the license holder's qualification for an exemption under that subsection. The form must provide sufficient information to allow the department to verify whether the license holder qualifies for the exemption.

Added by Acts 2005, 79th Leg., Ch. 132, Sec. 1, eff. September 1, 2005.
Amended by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.04, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 3, eff. September 1, 2013.

§411.1882 - (2015) Evidence Of Handgun Proficiency For Certain Persons
  1. A person who is serving in this state as a judge or justice of a federal court, as an active judicial officer, as defined by Section 411.201, or as a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney, as a supervision officer as defined by Section 2, Article 42.12, Code of Criminal Procedure, or as a juvenile probation officer may establish handgun proficiency for the purposes of this subchapter by obtaining from a handgun proficiency instructor approved by the Texas Commission on Law Enforcement for purposes of Section 1702.1675, Occupations Code, a sworn statement that
    1. indicates that the person, during the 12-month period preceding the date of the person's application to the department, demonstrated to the instructor proficiency in the use of handguns; and
    2. designates the categories of handguns with respect to which the person demonstrated proficiency.
  2. The director by rule shall adopt a procedure by which a person described under Subsection (a) may submit a form demonstrating the person's qualification for an exemption under that subsection. The form must provide sufficient information to allow the department to verify whether the person qualifies for the exemption.
  3. A license issued under this section automatically expires on the six-month anniversary of the date the person's status under Subsection (a) becomes inapplicable. A license that expires under this subsection may be renewed under Section 411.185.

Added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 3, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.14, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.24, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 9, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1029 (H. B. 1376), Sec, 1, eff, Sept. 1, 2015.

§411.190 - (2015) Qualified Handgun Instructors
  1. The director may certify as a qualified handgun instructor a person who:
    1. is certified by the Texas Commission on Law Enforcement or under Chapter 1702, Occupations Code, 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.
  2. In addition to the qualifications described by Subsection (a), 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, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns;
    3. nonviolent dispute resolution; and
    4. proper storage practices for handguns, including storage practices that eliminate the possibility of accidental injury to a child.
  3. 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.
  4. 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 department rule.

    d-1. The department shall ensure that an applicant may renew certification under Subsection (d) from any county in this state by using an online format to complete the required retraining courses if:
    1. the applicant is renewing certification for the first time; or
    2. the applicant completed the required retraining courses in person the previous time the applicant renewed certification.
  5. After certification, a qualified handgun instructor may conduct training for applicants for a license under this subchapter.
  6. If the department determines that a reason exists to revoke, suspend, or deny a license to carry a 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:
    1. license to carry a handgun if the person is an applicant for or the holder of a license issued under this subchapter; and
    2. certification as a qualified handgun instructor.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.13(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 199, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.758, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 5.11, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.15, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 11.007, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.25, eff. May 18, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 23, eff. Jan. 1, 2016.

§411.1901 - (2015) chool Safety Certification For Qualified Handgun Instructors
  1. The department shall establish a process to enable qualified handgun instructors certified under Section 411.190 to obtain an additional certification in school safety. The process must include a school safety certification course that provides training in the following:
    1. the protection of students;
    2. interaction of license holders with first responders;
    3. tactics for denying an intruder entry into a classroom or school facility; and
    4. methods for increasing a license holder's accuracy with a handgun while under duress.
  2. The school safety certification course under Subsection (a) must include not less than 15 hours and not more than 20 hours of instruction.
  3. A qualified handgun instructor certified in school safety under this section may provide school safety training, including instruction in the subjects listed under Subsection (a), to employees of a school district or an open-enrollment charter school who hold a license to carry a handgun issued under this subchapter.
  4. The department shall establish a fee in an amount that is sufficient to cover the costs of the school safety certification under this section.
  5. The department may adopt rules to administer this section.

Added by Acts 2013, 83rd Leg., R.S., Ch. 498 (S.B. 1857), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 24, eff. Jan. 1, 2016.

§411.191 - Review Of Denial, Revocation, Or Suspension Of Certification As Qualified Handgun Instructor

The procedures for the review of a denial, revocation, or suspension of a license under Section 411.180 apply to the review of a denial, revocation, or suspension of certification as a qualified handgun instructor. The notice provisions of this subchapter 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 an applicant for certification as a qualified handgun instructor.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.192 - Confidentiality Of Records
  1. 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 subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, zip code, telephone number, e-mail address, and Internet website address. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552.
  2. An applicant or license holder may be furnished a copy of disclosable records regarding the applicant or license holder on request and the payment of a reasonable fee.
  3. 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 agency making the request.
  4. The department shall make public and distribute to the public at no cost lists of individuals who are certified as qualified handgun instructors by the department and who request to be included as provided by Subsection (e). The department shall include on the lists each individual's name, telephone number, e-mail address, and Internet website address. The department shall make the list available on the department's Internet website.
  5. An individual who is certified as a qualified handgun instructor may request in writing that the department disclose all or part of the information described by Subsection (d) regarding the individual. The department shall include all or part of the individual's information on the list as requested.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 172, Sec. 1, eff. May 23, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.03, eff. September 1, 2009.

§411.193 - Statistical Report

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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.194 - Reduction Of Fees Due To Indigency
  1. Notwithstanding any other provision of this subchapter, the department shall reduce by 50 percent any fee required for the issuance of an original, duplicate, modified, or renewed license under this subchapter if the department determines that the applicant is indigent.
  2. The department shall require an applicant requesting a reduction of a fee to submit proof of indigency with the application materials.
  3. 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.195 - Reduction Of Fees For Senior Citizens

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

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 289, Sec. 1, eff. September 1, 2005.

§411.1951 - Waiver Or Reduction Of Fees For Members Or Veterans Of United States Armed Forces
  1. In this section, "veteran" means a person who:
    1. has served in:
      1. the army, navy, air force, coast guard, or marine corps of the United States;
      2. the Texas military forces as defined by Section 437.001; or
      3. an auxiliary service of one of those branches of the armed forces; and
    2. has been honorably discharged from the branch of the service in which the person served.
  2. Notwithstanding any other provision of this subchapter, the department shall waive any fee required for the issuance of an original, duplicate, modified, or renewed license under this subchapter if the applicant for the license is:
    1. a member of the United States armed forces, including a member of the reserves, national guard, or state guard; or
    2. a veteran who, within 365 days preceding the date of the application, was honorably discharged from the branch of service in which the person served.
  3. Notwithstanding any other provision of this subchapter, if the applicant is a veteran who, more than 365 days preceding the date of the application, was honorably discharged from the branch of the service in which the applicant served:
    1. the applicant must pay a fee of $25 for the issuance of an original or renewed license under this subchapter; and
    2. the department shall reduce by 50 percent any fee required of the applicant for a duplicate or modified license under this subchapter.

Added by Acts 2005, 79th Leg., Ch. 486, Sec. 4, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 200, Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 251 (H.B. 485), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.05, eff. September 1, 2013.

§411.1952 - Reduction Of Fees For Employees Of Texas Department Of Criminal Justice

Notwithstanding any other provision of this subchapter, an applicant who is a correctional officer of the Texas Department of Criminal Justice shall pay a fee of $25 for the issuance of an original or renewed license under this subchapter.

Added by Acts 2013, 83rd Leg., R.S., Ch. 251 (H.B. 485), Sec. 2, eff. September 1, 2013.

§411.1953 - (2015) Reduction Of Fees For Community Supervision And Corrections Department Officers And Juvenile Probation Officers.

Notwithstanding any other provision of this subchapter, an applicant who is serving in this state as a supervision officer, as defined by Section 2, Article 42.12, Code of Criminal Procedure, or as a juvenile probation officer shall pay a fee of $25 for the issuance of an original or renewed license under this subchapter.

Added by Acts 2015, 84th Leg., R.S., Ch. 1029 (H. B. 1376), Sec, 2, eff, Sept. 1, 2015.

§411.196 - Method Of Payment

A person may pay a fee required by this subchapter by cash, credit card, personal check, cashier's check, or money order. A person who pays a fee required by this subchapter by cash must pay the fee in person. Checks or money orders must be made payable to the "Texas Department of Public Safety." A person whose payment for a fee required by this subchapter is dishonored or reversed must pay any future fees required by this subchapter by cashier's check or money order made payable to the "Texas Department of Public Safety." A fee received by the department under this subchapter is nonrefundable.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 1065, Sec. 1, eff. September 1, 2005.

§411.197 - Rules

The director shall adopt rules to administer this subchapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.198 - (2015) Law Enforcement Officer Alias Handgun License
  1. On written approval of the director, the department may issue to a law enforcement officer an alias license to carry a handgun to be used in supervised activities involving criminal investigations.
  2. 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 25, eff. Jan. 1, 2016.

§411.199 - (2015) Honorably Retired Peace Officers
  1. A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and who has been employed full-time as a peace officer by a law enforcement agency may apply for a license under this subchapter at any time after retirement.
  2. 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. A head of a law enforcement agency may not refuse to issue a statement under this subsection. If the applicant alleges that the statement is untrue, the department shall investigate the validity of the statement. The statement must 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 subchapter.
  3. The department may issue a license under this subchapter 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 eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and
    3. is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.
  4. An applicant under this section must pay a fee of $25 for a license issued under this subchapter.
  5. A retired officer of the United States who was eligible to carry a firearm in the discharge of the officer's official duties 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 25, Sec. 1, eff. May 3, 1999; Acts 1999, 76th Leg., ch. 62, Sec. 9.14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 196, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.16, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 10, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S. B. 1296), Sec. 9.007, eff. Sept. 1, 2015.

§411.1991 - (2015) Peace Officers
  1. A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and is employed as a peace officer by a law enforcement agency, or who is a member of the Texas military forces, excluding Texas State Guard members who are serving in the Texas Legislature may apply for a license under this subchapter.

    a-1. An applicant who is a peace officer shall submit to the department:
    1. the name and rank of the applicant; and
    2. a current copy of the applicant's peace officer license and evidence of employment as a peace officer;
    a-2. The department shall adopt rules regarding the information required to be included in an application submitted by a member of the Texas military forces under this section.
  2. The department may issue a license under this subchapter to an applicant under this section if the applicant complies with Subsection (a-1) or rules adopted under Subsection (a-2), as applicable.
  3. An applicant under this section shall pay a fee of $25 for a license issued under this subchapter.
  4. A license issued under this section expires as provided by Section 411.183.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 9.15(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.17, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 251 (H.B. 485), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 251 (H.B. 485), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 174 (H. B. 2604), Sec. 1. eff. Sept 1, 2015.

§411.1992 - Former Reserve Law Enforcement Officers
  1. A person who served as a reserve law enforcement officer, as defined by Section 1701.001, Occupations Code, not less than a total of 15 years with one or more state or local law enforcement agencies may apply for a license under this subchapter at any time.
  2. The applicant shall submit to the department two complete sets of legible and classifiable fingerprints and a sworn statement from the head of the law enforcement agency at which the applicant last served as a reserve law enforcement officer. A head of a law enforcement agency may not refuse to issue a statement under this subsection. If the applicant alleges that the statement is untrue, the department shall investigate the validity of the statement. The statement must include:
    1. the name and rank of the applicant;
    2. the status of the applicant;
    3. whether the applicant was accused of misconduct at any time during the applicant's term of service and the disposition of that accusation;
    4. a description of the physical and mental condition of the applicant;
    5. a list of the types of weapons the applicant demonstrated proficiency with during the applicant's term of service; and
    6. a recommendation from the agency head regarding the issuance of a license under this subchapter.
  3. The department may issue a license under this subchapter to an applicant under this section if the applicant was a reserve law enforcement officer for not less than a total of 15 years with one or more state or local law enforcement agencies and is physically and emotionally fit to possess a handgun.
  4. An applicant under this section must pay a fee of $25 for a license issued under this subchapter.
  5. A former reserve law enforcement officer who obtains a license as provided by this section must maintain, for the category of weapon licensed, the proficiency required for the person under Section 1701.357, Occupations Code. The department or the local law enforcement agency at which the person last served as a reserve law enforcement officer shall allow the person an opportunity to annually demonstrate the required proficiency. The proficiency shall be reported to the department on application and renewal.
  6. A license issued under this section expires as provided by Section 411.183.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 1, eff. September 1, 2013.

§411.200 - Application To Licensed Security Officers

This subchapter does not exempt a license holder who is also employed as a security officer and licensed under Chapter 1702, Occupations Code, from the duty to comply with Chapter 1702, Occupations Code, or Section 46.02, Penal Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.759, eff. Sept. 1, 2001.

§411.201 - (2015) Active And Retired Judicial Officers
  1. In this section:
    1. "Active judicial officer" means:
      1. 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. a federal judge who is a resident of this state; or
      3. a person appointed and serving as an associate judge under Chapter 201, Family Code.
    2. "Federal judge" means:
      1. a judge of a United States court of appeals;
      2. a judge of a United States district court;
      3. a judge of a United States bankruptcy court; or
      4. a magistrate judge of a United States district court.
    3. "Retired judicial officer" means:
      1. a visiting judge appointed under Section 26.023 or 26.024;
      2. a senior judge designated under Section 75.001 or a judicial officer as designated or defined by Section 75.001, 831.001, or 836.001; or
      3. a retired federal judge who is a resident of this state.
  2. Notwithstanding any other provision of this subchapter, the department shall issue a license under this subchapter to an active or retired judicial officer who meets the requirements of this section.
  3. 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.
  4. An applicant for a license who is an active or retired judicial officer must submit to the department:
    1. a completed application, including all required affidavits, on a form prescribed by the department;
    2. one or more photographs of the applicant that meet the requirements of the department;
    3. two complete sets of legible and classifiable fingerprints of the applicant, including one set taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints;
    4. evidence of handgun proficiency, in the form and manner required by the department for an applicant under this section;
    5. 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 handgun under this subchapter; and
    6. if the applicant is a retired judicial officer, 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 subchapter.
  5. 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.
  6. Except as otherwise provided by this subsection, an applicant for a license under this section must satisfy the handgun proficiency requirements of Section 411.188. 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.
  7. A license issued under this section expires as provided by Section 411.183 and may be renewed in accordance with Section 411.185.
  8. 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 402, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 4, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.18, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 13.01, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 26, eff. Jan. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 587 (H. B. 3747), Sec. 1, eff. Sept. 1, 2015

§411.202 - License A Benefit

The issuance of a license under this subchapter 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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.203 - (2015) Rights Of Employers

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 from carrying a handgun on the premises of the business. In this section, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1058, Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 27, eff. Jan. 1, 2016.

§411.2031 - (2015) Carrying Of Handguns By License Holders On Certain Campuses
  1. For purposes of this section:
    1. "Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education.
    2. "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
    3. "Premises" has the meaning assigned by Section 46.035, Penal Code.
  2. A license holder may carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state.
  3. Except as provided by Subsection (d), (d-1), or (e), an institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
  4. An institution of higher education or private or independent institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.

    d-1. After consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of an institution of higher education in this state shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution. The president or officer may not establish provisions that generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution. The president or officer may amend the provisions as necessary for campus safety. The provisions take effect as determined by the president or officer unless subsequently amended by the board of regents or other governing board under Subsection (d-2). The institution must give effective notice under Section 30.06, Penal Code, with respect to any portion of a premises on which license holders may not carry.

    d-2. Not later than the 90th day after the date that the rules, regulations, or other provisions are established as described by Subsection (d-1), the board of regents or other governing board of the institution of higher education shall review the provisions. The board of regents or other governing board may, by a vote of not less than two-thirds of the board, amend wholly or partly the provisions established under Subsection (d-1). If amended under this subsection, the provisions are considered to be those of the institution as established under Subsection (d-1).

    d-3. An institution of higher education shall widely distribute the rules, regulations, or other provisions described by Subsection (d-1) to the institution's students, staff, and faculty, including by prominently publishing the provisions on the institution's Internet website.

    d-4. Not later than September 1 of each even-numbered year, each institution of higher education in this state shall submit a report to the legislature and to the standing committees of the legislature with jurisdiction over the implementation and continuation of this section that:
    1. describes its rules, regulations, or other provisions regarding the carrying of concealed handguns on the campus of the institution; and
    2. explains the reasons the institution has established those provisions.

Added by Acts 2015, 84th Leg., R.S., Ch. 438 (S. B. 11), Sec. 1, eff. Aug. 1, 2016.

§411.2032 - (2015) Transportation And Storage Of Firearms And Ammunition By License Holders In Private Vehicles On Certain Campuses
  1. For purposes of this section:
    1. "Campus" means all land and buildings owned or leased by an institution of higher education or private or independent institution of higher education.
    2. "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
  2. An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision or take any other action, including posting notice under Section 30.06 or 30.07, Penal Code, prohibiting or placing restrictions on the storage or transportation of a firearm or ammunition in a locked, privately owned or leased motor vehicle by a person, including a student enrolled at that institution, who holds a license to carry a handgun under this subchapter and lawfully possesses the firearm or ammunition:
    1. on a street or driveway located on the campus of the institution; or
    2. in a parking lot, parking garage, or other parking area located on the campus of the institution.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1248 (S.B. 1907), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 28, eff. Jan. 1, 2016.

§411.204 - Notice Required On Certain Premises
  1. A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
  2. 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) other than the requirement that the sign include on its face the number "51".
  3. The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
  4. A business that has a permit or license issued under the Alcoholic Beverage Code and that is not required to display a sign under this section may be required to display a sign under Section 11.041 or 61.11, Alcoholic Beverage Code.
  5. This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.16(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 523, Sec. 1, eff. June 18, 1999.

§411.205 - Requirement To Display License

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.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.02, eff. September 1, 2009.

§411.206 - Seizure Of Handgun And License
  1. If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence.
  2. 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.
  3. 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 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).

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

§411.207 - Authority Of Peace Officer To Disarm
  1. A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual 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 license holder.
  2. A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.
  3. 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 license holder when the 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.
  4. In this section:
    1. "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
      1. any portion of a building not actively used exclusively to conduct the official business of the agency; or
      2. any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
    2. "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 572, Sec. 1, eff. September 1, 2007.

§411.208 - (2015) Limitation Of Liability
  1. A court may not hold the state, an agency or subdivision of the state, an institution of higher education, an officer or employee of an institution of higher education, a private or independent institution of higher education that has not adopted rules under Section 411.2031(e), an officer or employee of a private or independent institution of higher education that has not adopted rules under Section 411.2031(e), 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 subchapter or a failure to perform a duty imposed by this subchapter; 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 subchapter.
  2. 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, an institution of higher education, an officer or employee of an institution of higher education, a private or independent institution of higher education that has not adopted rules under Section 411.2031(e), an officer or employee of a private or independent institution of higher education that has not adopted rules under Section 411.2031(e), a peace officer, or a qualified handgun instructor for any damage caused by the actions of an applicant or license holder under this subchapter.
  3. 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 subchapter.
  4. The immunities granted under Subsections (a), (b), and (c) do not apply to;
    1. an act or a failure to act by the state, an agency or subdivision of the state, an officer of the state, an institution of higher education, an officer or employee of an institution of higher education, a private or independent institution of higher education that has not adopted rules under Section 411.2031(e), an officer or employee of a private or independent institution of higher education that has not adopted rules under Section 411.2031(e), or a peace officer if the act or failure to act was capricious or arbitrary; or
    2. any officer or employee of an institution of higher education or private or independent institution of higher education described by Subdivision (1) who possesses a handgun on the campus of that institution and whose conduct with regard to the handgun is made the basis of a claim for personal injury or property damage.
  5. The immunities granted under Subsection (a) to a qualified handgun instructor do not apply to a cause of action for fraud or a deceptive trade practice.
  6. For purposes of this section:
    1. "Campus" has the meaning assigned by Section 411.2031.
    2. "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.19, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 438 (S B 11), Sec. 2, eff. Aug. 1, 2016.

§411.209 - (2015) Wrongful Exclusion Of Concealed Handgun License Holder
  1. A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a 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 license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
  2. A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
    1. not less than $1,000 and not more than $1,500 for the first violation; and
    2. not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
  3. Each day of a continuing violation of Subsection (a) constitutes a separate violation.
  4. A 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 citizen or 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.
  5. A civil penalty collected by the attorney general under this section shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter B, Chapter 56, Code of Criminal Procedure.
  6. Before a suit may be brought against a state agency or a political subdivision of the state for a violation of Subsection (a), the attorney general must investigate the complaint to determine whether legal action is warranted. If legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that:
    1. describes the violation and specific location of the sign found to be in violation;
    2. states the amount of the proposed penalty for the
    3. gives the agency or political subdivision 15 days from receipt of the notice to remove the sign and cure the violation to avoid the penalty, unless the agency or political subdivision was found liable by a court for previously violating Subsection (a).
  7. If the attorney general determines that legal action is warranted and that the state agency or political subdivision has not cured the violation within the 15-day period provided by Subsection (f)(3), the attorney general or the appropriate county or district attorney may sue to collect the civil penalty provided by Subsection (b). The attorney general may also file a petition for a writ of mandamus or apply for other appropriate equitable relief. A suit or petition under this subsection may be filed in a district court in Travis County or in a county in which the principal office of the state agency or political subdivision is located. The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
  8. Sovereign immunity to suit is waived and abolished to the extent of liability created by this section.

Added by Acts 2015, 84th Leg., R.S., Ch. 593 (S. B. 273), Sec. 1, eff. Sept. 1, 2015.

LABOR CODE

TITLE 2 - PROTECTION OF LABORERS

SUBTITLE B - RESTRICTIONS ON LABOR

CHAPTER 52 - Miscellaneous Restrictions

Subchapter G - Restrictions On Prohibiting Employee Transportation Or Storage Of Certain Firearms Or Ammunition

§52.061 - (2015) Restriction On Prohibiting Employee Access To Or Storage Of Firearm Or Ammunition

A public or private employer may not prohibit 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 from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058, Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 30, eff. Jan. 1, 2016.

§52.062 - (2015) Exceptions
  1. 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:
      1. 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;
      2. a school district;
      3. an open-enrollment charter school, as defined by Section 5.001, Education Code;
      4. a private school, as defined by Section 22.081, Education Code;
      5. 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
      6. 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, and who stores 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:
        1. that contains the physical plant;
        2. that is not open to the public; and
        3. the ingress into which is constantly monitored by security personnel.
  2. Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058, Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 30, eff. Jan. 1, 2016.

§52.063 - Immunity From Civil Liability
  1. Except in cases of gross negligence, a public or private employer, or the employer's principal, officer, director, employee, or agent, is not liable in a civil action for personal injury, death, property damage, or any other damages resulting from or arising out of an occurrence involving a firearm or ammunition that the employer is required to allow on the employer's property under this subchapter.
  2. The presence of a firearm or ammunition on an employer's property under the authority of this subchapter does not by itself constitute a failure by the employer to provide a safe workplace.
  3. For purposes of this section, a public or private employer, or the employer's principal, officer, director, employee, or agent, does not have a duty:
    1. to patrol, inspect, or secure:
      1. any parking lot, parking garage, or other parking area the employer provides for employees; or
      2. any privately owned motor vehicle located in a parking lot, parking garage, or other parking area described by Paragraph (A); or
    2. to investigate, confirm, or determine an employee's compliance with laws related to the ownership or possession of a firearm or ammunition or the transportation and storage of a firearm or ammunition.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058, Sec. 1, eff. September 1, 2011.

§52.064 - Construction Of Provision Relating To Immunity From Civil Liability

Section 52.063 does not limit or alter the personal liability of:

  1. an individual who causes harm or injury by using a firearm or ammunition;
  2. an individual who aids, assists, or encourages another individual to cause harm or injury by using a firearm or ammunition; or
  3. an employee who transports or stores a firearm or ammunition on the property of the employee's employer but who fails to comply with the requirements of Section 52.061.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058, Sec. 1, eff. September 1, 2011.

LOCAL GOVERNMENT CODE

TITLE 7 - REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES

SUBTITLE A - MUNICIPAL REGULATORY AUTHORITY

CHAPTER 229 - Miscellaneous Regulatory Authority Of Municipalities

Subchapter A - Regulation Of Firearms And Explosives

§229.001 - (2015) Firearms; Air Guns; Knives; Explosives
  1. Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
    1. the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air guns, supplies; or
    2. the discharge of a firearm or air gun at a sport shooting range.
  2. 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 under Subchapter H, Chapter 411, Government Code, at a:
      1. public park;
      2. public meeting of a municipality, county, or other governmental body;
      3. political rally, parade, or official political meeting; or
      4. 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:
      1. public property; or
      2. private property without consent of the property owner.
  3. The exception provided by Subsection (b)(6) does not apply if the firearm or air gun is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm or air gun is of the type commonly used in the activity.
  4. The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, knife, or ammunition from an individual who is lawfully carrying or possessing the firearm, air gun, knife, or ammunition.
  5. In this section:
    1. "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
    2. "Knife" has the meaning assigned by Section 46.01, Penal Code.
    3. Sport shooting range" has the meaning assigned by Section 250.001.
  6. The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a municipality adopting a regulation in violation of this section.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1, 1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 5, eff. April 27, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 624, Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 598 (S.B. 987), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 34, eff. Jan. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 700 (H. B. 905), Sec. 2, eff. Sept. 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 700 (H. B. 905), Sec. 3, eff. Sept. 1, 2015.

§229.002 - Regulation Of Discharge Of Weapon

A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:

  1. a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
    1. on a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building located on another property; and
    2. in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
  2. a center fire or rim fire rifle or pistol of any caliber discharged:
    1. on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and
    2. in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

Added by Acts 2005, 79th Leg., Ch. 18, Sec. 4, eff. May 3, 2005.

§229.003 - Regulation Of Discharge Of Weapon By Certain Municipalities
  1. This section applies only to a municipality located wholly or partly in a county:
    1. with a population of 750,000 or more;
    2. in which all or part of a municipality with a population of one million or more is located; and
    3. that is located adjacent to a county with a population of two million or more.
  2. Notwithstanding Section 229.002, a municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:
    1. a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
      1. on a tract of land of 10 acres or more and:
        1. more than 1,000 feet from:
          1. the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
          2. the property line of a school, hospital, or commercial day-care facility;
        2. more than 600 feet from:
          1. the property line of a residential subdivision; and
          2. the property line of a multifamily residential complex; and
        3. more than 150 feet from a residence or occupied building located on another property; and
      2. in a manner not reasonably expected to cause a projectile to cross the boundary of the tract;
    2. a center fire or rim fire rifle or pistol of any caliber discharged:
      1. on a tract of land of 50 acres or more and:
        1. more than 1,000 feet from:
          1. the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
          2. the property line of a school, hospital, or commercial day-care facility;
        2. more than 600 feet from:
          1. the property line of a residential subdivision; and
          2. the property line of a multifamily residential complex; and
        3. more than 300 feet from a residence or occupied building located on another property; and
      2. in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
    3. discharged at a sport shooting range, as defined by Section 250.001, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land.

Added by Acts 2009, 81st Leg., R.S., Ch. 1230, Sec. 1, eff. June 19, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1163, Sec. 81, eff. September 1, 2011.

§229.004 - Regulation Of Discharge Of Weapon By Certain Municipalities
  1. This section applies only to a municipality located in a county in which the majority of the population of two or more municipalities with a population of 300,000 or more are located.
  2. Notwithstanding Section 229.002, a municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality on or before September 1, 1981, if the firearm or other weapon is:
    1. a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
      1. on a tract of land of 100 acres or more and more than 150 feet from a residence or occupied building located on another property; and
      2. in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
    2. a center fire or rim fire rifle or pistol of any caliber discharged:
      1. on a tract of land of 100 acres or more and more than 300 feet from a residence or occupied building located on another property; and
      2. in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

Added by Acts 2011, 82nd Leg., R.S., Ch. 306, Sec. 1, eff. June 17, 2011.

SUBTITLE B - COUNTY REGULATORY AUTHORITY

CHAPTER 235 - County Regulation Of Matters Relating To Explosives And Weapons

Subchapter B - Firearms

§235.020 - Definition

In this subchapter, "air gun" has the meaning assigned by Section 229.001.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 2, eff. June 14, 2013.

§235.021 - Subdivisions Covered By Subchapter

This subchapter applies only to a subdivision all or a part of which is located in the unincorporated area of a county and for which a plat is required to be prepared and filed under Chapter 232.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28, 1989. Renumbered from Sec. 240.021 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(9), eff. Sept. 1, 2001.

§235.022 - Authority To Regulate

To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate the discharge of firearms and air guns on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28, 1989. Renumbered from Sec. 240.022 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(9), eff. Sept. 1, 2001.
Amended by Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 3, eff. June 14, 2013.

§235.023 - Prohibited Regulations

This subchapter does not authorize the commissioners court to regulate the transfer, ownership, possession, or transportation of firearms or air guns and does not authorize the court to require the registration of firearms or air guns.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28, 1989. Renumbered from Sec. 240.023 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(9), eff. Sept. 1, 2001.
Amended by Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 4, eff. June 14, 2013.

§235.024 - Injunction

Any person is entitled to appropriate injunctive relief to prevent a violation or threatened violation of a prohibition or other regulation adopted under this subchapter from continuing or occurring.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28, 1989. Renumbered from Sec. 240.024 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(9), eff. Sept. 1, 2001.

§235.025 - Criminal Penalty

A person commits an offense if the person intentionally or knowingly engages in conduct that is a violation of a regulation adopted under this subchapter by the commissioners court. An offense under this section is a Class C misdemeanor. If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section, the offense is a Class B misdemeanor.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28, 1989. Renumbered from Sec. 240.025 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.003(9), eff. Sept. 1, 2001.

CHAPTER 236 - County Regulation Of Firearms, Knives, Ammunition, Firearm Supplies, And Sport Shooting Ranges

§236.001 - (2015) Definitions

In this chapter:

  1. "Air gun" has the meaning assigned by Section 229.001.

    1-a. "Knife" has the meaning assigned by Section 46.01, Penal Code.
  2. "Sport shooting range" has the meaning assigned by Section 250.001.

Added by Acts 2011, 82nd Leg., R.S., Ch. 624, Sec. 6, eff. September 1, 2011
Amended by Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 5, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 700 (H. B. 905), Sec. 5, eff. Sept. 1, 2015.

§236.002 - (2015) Firearms; Air Guns; Sport Shooting Range
  1. Notwithstanding any other law, including Chapter 251, Agriculture Code, a county may not adopt regulations relating to:
    1. the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
    2. the discharge of a firearm or air gun at a sport shooting range.
  2. The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a county adopting a regulation, other than a regulation under Section 236.003, in violation of this section.

Added by Acts 2011, 82nd Leg., R.S., Ch. 624, Sec. 6, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 598 (S.B. 987), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 6, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 700 (H. B. 905), Sec. 6, eff. Sept. 1, 2015.

§236.003 - Regulation Of Outdoor Sport Shooting Range

Notwithstanding Section 236.002, a county may regulate the discharge of a firearm or air gun at an outdoor sport shooting range as provided by Subchapter B, Chapter 235.

Added by Acts 2011, 82nd Leg., R.S., Ch. 624, Sec. 6, eff. September 1, 2011.
Amended by Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 7, eff. June 14, 2013.

OCCUPATIONS CODE

TITLE 13 - SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE D - OTHER AMUSEMENTS AND ENTERTAINMENT

CHAPTER 2155 - Hotels And Boardinghouses

Subchapter C - Firearms Policy Notice

§2155.101 - Definition

In this subchapter, "hotel" has the meaning assigned by Section 156.001, Tax Code.

Added by Acts 2013, 83rd Leg., R.S., Ch. 237 (H.B. 333), Sec. 1, eff. September 1, 2013.

§2155.102 - Applicability Of Subchapter

This subchapter applies only to a hotel that has a policy prohibiting or restricting the possession, storage, or transportation of firearms by hotel guests.

Added by Acts 2013, 83rd Leg., R.S., Ch. 237 (H.B. 333), Sec. 1, eff. September 1, 2013.

§2155.103 - Notice Regarding Firearms Policy
  1. A hotel shall include on the hotel's Internet reservation website the hotel's policy regarding the possession, storage, and transportation of firearms.
  2. If a hotel provides a written confirmation or a written statement of terms and conditions to a consumer after accepting the consumer's hotel reservation by telephone, the hotel shall include information specifying how the consumer may review applicable guest policies. The guest policies must indicate the hotel's policy regarding the possession, storage, and transportation of firearms by guests.
  3. A hotel owner or keeper commits an offense if the person does not comply with this section. An offense under this subsection is a misdemeanor punishable by a fine of not more than $100.

Added by Acts 2013, 83rd Leg., R.S., Ch. 237 (H.B. 333), Sec. 1, eff. September 1, 2013.

PENAL CODE

TITLE 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 9 - Justification Excluding Criminal Responsibility

Subchapter A - General Provisions

§9.01 - Definitions

In this chapter:

  1. "Custody" has the meaning assigned by Section 38.01.
  2. "Escape" has the meaning assigned by Section 38.01.
  3. "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
  4. "Habitation" has the meaning assigned by Section 30.01.
  5. "Vehicle" has the meaning assigned by Section 30.01.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 293, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 1, eff. September 1, 2007.

§9.02 - Justification As A Defense

It is a defense to prosecution that the conduct in question is justified under this chapter.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.03 - Confinement As Justifiable Force

Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.04 - Threats As Justifiable Force

The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.05 - Reckless Injury Of Innocent Third Person

Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.06 - Civil Remedies Unaffected

The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Subchapter B - Justification Generally

§9.21 - Public Duty
  1. Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process.
  2. The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), to protect property (Subchapter D), for law enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F).
  3. The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.
  4. The justification afforded by this section is available if the actor reasonably believes:
    1. the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or
    2. his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.22 - Necessity

Conduct is justified if:

  1. the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
  2. the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
  3. a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Subchapter C - Protection Of Persons

§9.31 - Self-defense
  1. Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
    1. knew or had reason to believe that the person against whom the force was used:
      1. unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
      2. unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
      3. was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
    2. did not provoke the person against whom the force was used; and
    3. was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
  2. The use of force against another is not justified:
    1. in response to verbal provocation alone;
    2. to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
    3. if the actor consented to the exact force used or attempted by the other;
    4. if the actor provoked the other's use or attempted use of unlawful force, unless:
      1. the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
      2. the other nevertheless continues or attempts to use unlawful force against the actor; or
    5. if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
      1. carrying a weapon in violation of Section 46.02; or
      2. possessing or transporting a weapon in violation of Section 46.05.
  3. The use of force to resist an arrest or search is justified:
    1. if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
    2. when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
  4. The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
  5. A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
  6. For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 190, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 2, eff. September 1, 2007.

§9.32 - Deadly Force In Defense Of Person
  1. A person is justified in using deadly force against another:
    1. if the actor would be justified in using force against the other under Section 9.31; and
    2. when and to the degree the actor reasonably believes the deadly force is immediately necessary:
      1. to protect the actor against the other's use or attempted use of unlawful deadly force; or
      2. to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
  2. The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
    1. knew or had reason to believe that the person against whom the deadly force was used:
      1. unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
      2. unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
      3. was committing or attempting to commit an offense described by Subsection (a)(2)(B);
    2. did not provoke the person against whom the force was used; and
    3. was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
  3. A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
  4. For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, Sec. 5, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 235, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 3, eff. September 1, 2007.

§9.33 - Defense Of Third Person

A person is justified in using force or deadly force against another to protect a third person if:

  1. under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
  2. the actor reasonably believes that his intervention is immediately necessary to protect the third person.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.34 - Protection Of Life Or Health
  1. A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
  2. A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Subchapter D - Protection Of Property

§9.41 - Protection Of One's Own Property
  1. A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
  2. A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
    1. the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
    2. the other accomplished the dispossession by using force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.42 - Deadly Force To Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:

  1. if he would be justified in using force against the other under Section 9.41; and
  2. when and to the degree he reasonably believes the deadly force is immediately necessary:
    1. to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
    2. to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
  3. he reasonably believes that:
    1. the land or property cannot be protected or recovered by any other means; or
    2. the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.43 - Protection Of Third Person's Property

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

  1. the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
  2. the actor reasonably believes that:
    1. the third person has requested his protection of the land or property;
    2. he has a legal duty to protect the third person's land or property; or
    3. the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§9.44 - Use Of Device To Protect Property

The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:

  1. the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and
  2. use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 6, eff. Sept. 1, 1975. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

TITLE 7 - OFFENSES AGAINST PROPERTY

CHAPTER 30 - Burglary And Criminal Trespass

§30.06 - (2015) Trespass By License Holder With A Concealed Handgun
  1. A license holder commits an offense if the 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 license holder with a concealed handgun was forbidden.
  2. For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
  3. 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:
      1. a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
      2. a sign posted on the property that:
        1. includes the language described by Paragraph (A) in both English and Spanish;
        2. appears in contrasting colors with block letters at least one inch in height; and
        3. is displayed in a conspicuous manner clearly visible to the public.
  4. 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 license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
  5. It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 23, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept. 1, 2003.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 41, eff. Jan. 1, 2016.

§30.07 - (2015) Trespass By License Holder With An Openly Carried Handgun
  1. A license holder commits an offense if the 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 license holder openly carrying a handgun was forbidden.
  2. For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
  3. 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:
      1. a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by 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
      2. a sign posted on the property that:
        1. includes the language described by Paragraph (A) in both English and Spanish;
        2. appears in contrasting colors with block letters at least one inch in height; and
        3. is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
  4. 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 license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
  5. It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
  6. It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster.

Added: Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 44, eff. Jan. 1, 2016.

TITLE 10 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 46 - Weapons

§46.01 - Definitions

In this chapter:

  1. "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:
    1. blackjack;
    2. nightstick;
    3. mace;
    4. tomahawk.
  2. "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.
  3. "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
    1. an antique or curio firearm manufactured before 1899; or
    2. a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
  4. "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.
  5. "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
  6. "Illegal knife" means a:
    1. knife with a blade over five and one-half inches;
    2. hand instrument designed to cut or stab another by being thrown;
    3. dagger, including but not limited to a dirk, stiletto, and poniard;
    4. bowie knife;
    5. sword; or
    6. spear.
  7. "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
  8. "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.
  9. "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.
  10. "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.
  11. "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressure applied to a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
  12. "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.
  13. "Hoax bomb" means a device that:
    1. reasonably appears to be an explosive or incendiary device; or
    2. by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.
  14. "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
  15. "Racetrack" has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
  16. "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
  17. "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that:
    1. is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and
    2. has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1445, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 12A.001, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1199, Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 1, eff. September 1, 2011.

§46.02 - (2015) Unlawful Carrying Weapons
  1. A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    1. on the person's own premises or premises under the person's control; or
    2. inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
    a-1. A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
    1. the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
    2. the person is:
      1. engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
      2. prohibited by law from possessing a firearm; or
      3. a member of a criminal street gang, as defined by Section 71.01.
    a-2. For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

    a-3. For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

  2. Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
  3. An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 679, Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 45, eff. Jan. 1, 2016.

§46.03 - (2015) Places Weapons Prohibited
  1. A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
    1. on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless;
      1. pursuant to written regulations or written authorization of the institution; or
      2. the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
    2. on the premises of a polling place on the day of an election or while early voting is in progress;
    3. on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
    4. on the premises of a racetrack;
    5. in or into a secured area of an airport; or
    6. within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
      1. going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
      2. possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
  2. It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
  3. In this section:
    1. "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
    2. "Premises" has the meaning assigned by Section 46.035.
    3. "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
  4. It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
    1. a member of the armed forces or national guard;
    2. a guard employed by a penal institution; or
    3. a security officer commissioned by the Texas Private Security Board if:
      1. the actor is wearing a distinctive uniform; and
      2. the firearm or club is in plain view; or
    4. a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:
      1. 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 firearm in plain view; or
      2. not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner.
  5. It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.

    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 licensed to carry under Subchapter H, Chapter 411, Government Code; and
    2. exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
    e-2. A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, 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 upon completion of the required screening processes.
  6. Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
  7. An offense under this section is a third degree felony.
  8. It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
    1. the actor is wearing a distinctive uniform; and
    2. the firearm or club is in plain view.
  9. It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
    1. while in a vehicle being driven on a public road; or
    2. at the actor's residence or place of employment.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.21, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 438 (S. B. 11), Sec. 3, eff. Aug. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 46, eff. Jan. 1, 2016
Acts 2015, 84th Leg., R.S., Ch. 1001 (H. B. 554), Sec. 1, eff. Sept. 1, 2015.

§46.035 - (2015) Unlawful Carrying Of Handgun By License Holder
  1. A license holder commits an offense if the 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.

    a-1. Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, 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:
    1. on the premises of an institution of higher education or private or independent institution of higher education; or
    2. on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
    a-2. Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.

    a-3. Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.
  2. A license holder commits an offense if the 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 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 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.
  3. A license holder commits an offense if the 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.
  4. A license holder commits an offense if, while intoxicated, the license holder 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.
  5. A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
  6. In this section:
    1. "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

      1-a. "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
    2. "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
    3. "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
  7. An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
  8. It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

    Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2

    h-1. It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
    1. an active judicial officer, as defined by Section 411.201, Government Code; or
    2. a bailiff designated by the active judicial officer and engaged in escorting the officer.

    Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

    h-1. It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
    1. a judge or justice of a federal court;
    2. an active judicial officer, as defined by Section 411.201, Government Code; or
    3. a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.
  9. Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.
  10. Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
  11. It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
  12. Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.

Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 976, Sec. 3, eff. Sept. 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 687, Sec. 1, eff. Sept. 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299), Sec. 1, eff. Sept. 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 438 (S. B. 11), Sec. 4, 5, eff. Aug. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 47, eff. Jan. 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 593 (S. B. 273), Sec. 1, eff. Sept. 1, 2015.

§46.04 - Unlawful Possession Of Firearm
  1. A person who has been convicted of a felony commits an offense if he possesses a firearm:
    1. after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
    2. after the period described by Subdivision (1), at any location other than the premises at which the person lives.
  2. A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
    1. the date of the person's release from confinement following conviction of the misdemeanor; or
    2. the date of the person's release from community supervision following conviction of the misdemeanor.
  3. A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
  4. In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
  5. An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.
  6. For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
    1. is designated by a law of this state as a felony;
    2. contains all the elements of an offense designated by a law of this state as a felony; or
    3. is punishable by confinement for one year or more in a penitentiary.
  7. An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
    1. is not designated by a law of this state as a felony; and
    2. does not contain all the elements of any offense designated by a law of this state as a felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.24, eff. September 1, 2009.

§46.041 - Unlawful Possession Of Metal Or Body Armor By Felon
  1. In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
  2. A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
  3. An offense under this section is a felony of the third degree.

Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.

§46.05 - (2015) Prohibited Weapons
  1. A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    1. any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
      1. an explosive weapon;
      2. a machine gun;
      3. a short-barrel firearm;
      4. a firearm silencer;
    2. knuckles;
    3. armor-piercing ammunition;
    4. a chemical dispensing device;
    5. a zip gun; or
    6. a tire deflation device.
  2. It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
  3. It is an affirmative defense to prosecution under this section that the actor's conduct:
    1. was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;
    2. was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
    3. was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
  4. An offense under Subsection (a)(1), (3), (4), or (5) is a felony of the third degree. An offense under Subsection (a)(6) is a state jail felony. An offense under Subsection (a)(2) is a Class A misdemeanor.
  5. It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
    1. provided by the Texas Commission on Law Enforcement; or
    2. approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
  6. In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975;
Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983;
Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983;
Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991;
Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;
Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003; 2013;

Amended by:

Acts 2005, 79th Leg., Ch. 1035, Sec. 2.01, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1278, Sec. 7, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.60, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 960 (H.B. 1862), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 69 (SB473), Sec. 1, eff. Sept. 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 69 (SB473), Sec. 2, eff. Sept. 1, 2015.

§46.06 - Unlawful Transfer Of Certain Weapons
  1. A person commits an offense if the person:
    1. sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
    2. intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
    3. intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
    4. knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:
      1. the person's release from confinement following conviction of the felony; or
      2. the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
    5. sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or
    6. knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor.
  2. In this section:
    1. "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.
    2. "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter.
  3. It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.
  4. An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.

§46.07 - Interstate Purchase

A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 280, Sec. 1, eff. May 30, 2009.

§46.08 - Hoax Bombs
  1. A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:
    1. make another believe that the hoax bomb is an explosive or incendiary device; or
    2. cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.
  2. An offense under this section is a Class A misdemeanor.

Added by Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 3, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§46.09 - Components Of Explosives
  1. A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor.
  2. An offense under this section is a felony of the third degree.

Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 4, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§46.10 - Deadly Weapon In Penal Institution
  1. A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:
    1. carries on or about his person a deadly weapon; or
    2. possesses or conceals a deadly weapon in the penal institution.
  2. It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.
  3. A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.
  4. An offense under this section is a felony of the third degree.

Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

§46.11 - Penalty If Offense Committed Within Weapon-free School Zone
  1. Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:
    1. within 300 feet of the premises of a school; or
    2. on premises where:
      1. an official school function is taking place; or
      2. an event sponsored or sanctioned by the University Interscholastic League is taking place.
  2. This section does not apply to an offense under Section 46.03(a)(1).
  3. In this section:
    1. "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
    2. "School" means a private or public elementary or secondary school.

Added by Acts 1995, 74th Leg., ch. 320, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 20.002, eff. September 1, 2011.

§46.12 - Maps As Evidence Of Location Or Area
  1. In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.
  2. A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).
  3. A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.
  4. This section does not prevent the prosecution from:
    1. introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or
    2. using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.

Added by Acts 1995, 74th Leg., ch. 320, Sec. 2, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 728, Sec. 16.004, eff. September 1, 2005.

§46.13 - Making A Firearm Accessible To A Child
  1. In this section:
    1. "Child" means a person younger than 17 years of age.
    2. "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
    3. "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
  2. A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
    1. failed to secure the firearm; or
    2. left the firearm in a place to which the person knew or should have known the child would gain access.
  3. It is an affirmative defense to prosecution under this section that the child's access to the firearm:
    1. was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
    2. consisted of lawful defense by the child of people or property;
    3. was gained by entering property in violation of this code; or
    4. occurred during a time when the actor was engaged in an agricultural enterprise.
  4. Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
  5. An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.
  6. A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:
    1. the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and
    2. the child in discharging the firearm caused the death of or serious injury to the child.
  7. A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height:

"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."

Added by Acts 1995, 74th Leg., ch. 83, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g), eff. Sept. 1, 1999.

§46.14 - Firearm Smuggling
  1. A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct:
    1. on more than one occasion; or
    2. for profit or any other form of remuneration.
  2. An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.
  3. This section does not apply to a peace officer who is engaged in the actual discharge of an official duty.

    If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2009, 81st Leg., R.S., Ch. 153, Sec. 1, eff. September 1, 2009.

§46.15 - (2015) Nonapplicability
  1. Sections 46.02 and 46.03 do not apply to:
    1. peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;
    2. parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:
      1. engaged in the actual discharge of the officer's duties while carrying the weapon; and
      2. in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;
    3. community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:
      1. engaged in the actual discharge of the officer's duties while carrying the weapon; and
      2. authorized to carry a weapon under Section 76.0051, Government Code;
    4. an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;
    5. an honorably retired peace officer , qualified retired law enforcement officer, federal criminal investigator , or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is:
      1. an honorably retired peace officer;
      2. a qualified retired law enforcement officer;
      3. a federal criminal investigator; or
      4. a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies
    6. a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;
    7. an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;
    8. a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is:
      1. licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and
      2. engaged in escorting the judicial officer; or
    9. a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code.
  2. 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:
      1. 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
      2. is either:
        1. 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
        2. not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner;
    6. is carrying
      1. a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
      2. a handgun:
        1. in a concealed manner; or
        2. 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:
      1. on the immediate premises where the activity is conducted; or
      2. en route between those premises and the person's residence and is carrying the weapon unloaded.
  3. The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury.
  4. The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty.
  5. The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.
  6. Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as:
    1. a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or
    2. an employee of a penal institution.
  7. The provisions of Sections 46.02 and 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty.
  8. Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(1), eff. September 1, 2007.
  9. Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.
  10. The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 18, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1060, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 325, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 288, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(78), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 976, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1093, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1093, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1179, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1179, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 647, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(1), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(62), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1048, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 6, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 19.004, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 299, Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 794, Sec. 4, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.22, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 679, Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 13.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.20, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 13, eff. June 14, 2013.
Added: Acts 2015, 84th Leg., R.S., Ch. 437 (H. B. 910), Sec. 49, eff. Jan. 1, 2016.

TEXAS ADMINISTRATIVE CODE

TITLE 37 - PUBLIC SAFETY AND CORRECTIONS

PART 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 6 - License To Carry Handguns

Subchapter A - General Provisions

§6.1 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  1. Act--Texas Government Code, Chapter 411, Subchapter H.
  2. Applicant--A license applicant or an instructor applicant.
  3. Certified handgun instructor--A handgun instructor who has been instructed and qualified by the department to instruct in the use of handguns specifically for the purpose of training applicants for a concealed handgun license.
  4. Department--The Texas Department of Public Safety, including employees of the department.
  5. Director--The Director of the Texas Department of Public Safety or the Director's designee.
  6. Director's designee--For purposes of conducting background investigations under this chapter, refers to an employee of the department, unless otherwise specified by the Director.
  7. License holder--A person licensed to carry a concealed handgun under the Act.
  8. Residence--One's home and fixed place of habitation to which one intends to return after any temporary absence. The term "residence" has the meaning assigned in §15.25 of this title (relating to Address).

Source Note: The provisions of this §6.1 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective August 19, 1999, 24 TexReg 6307; amended to be effective December 25, 2003, 28 TexReg 11340; amended to be effective August 10, 2008, 33 TexReg 6147

§6.2 - Method of Payment
  1. Payment to the department of any fee required by this chapter or by the Act may be made by personal check, cashier's check, money order, or by check issued by a federal, state, or local government agency, made payable to the Texas Department of Public Safety. In addition, the department will accept payment by approved credit cards for applications submitted electronically using TexasOnline. Cash payments may be made only in person at the designated location of the Department of Public Safety Headquarters in Austin, Texas.
  2. A fee received by the department under this chapter or the Act is nonrefundable.
  3. An individual whose fee payment by personal check or credit card is dishonored or returned will be disqualified from using online application services in the future and will be required to pay all future fees by money order or cashier's check.

Source Note: The provisions of this §6.2 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective December 25, 2003, 28 TexReg 11340; amended to be effective August 10, 2008, 33 TexReg 6147

Subchapter B - Eligibility And Application Procedures

§6.11 - Proficiency Requirements
  1. The proficiency demonstration course will be the same for both instructors and license applications. The course of fire will be at distances of three, seven, and fifteen yards, for a total of fifty rounds.
    1. Twenty rounds will be fired from three yards, as follows:
      1. five rounds will be fired "One Shot Exercise"; two seconds allowed for each shot;
      2. ten rounds will be fired "Two Shot Exercise"; three seconds allowed for each two shots; and
      3. five rounds will be fired; ten seconds allowed for five shots.
    2. Twenty rounds will be fired from seven yards, fired in four five-shot strings as follows:
      1. the first five shots will be fired in ten seconds;
      2. the next five shots will be fired in two stages:
        1. two shots will be fired in four seconds; and
        2. three shots will be fired in six seconds.
      3. the next five shots at seven yards will be fired "One Shot Exercise"; three seconds will be allowed for each shot; and
      4. the last five shots fired at the seven-yard line, the time will be fifteen seconds to shoot five rounds.
    3. Ten rounds will be fired from fifteen yards, fired in two five-shot strings as follows:
      1. the first five shots will be fired in two stages:
        1. two shots fired in six seconds; and
        2. three shots fired in nine seconds.
      2. the last five shots will be fired in fifteen seconds.
  2. A student must score at least 70% on the written examination and shooting proficiency examination, in order to establish proficiency. A student will have three opportunities to pass the written examination and shooting proficiency examination.
  3. An instructor must submit failures of the written examination or shooting examination to the department on the class completion notification and must indicate if the failure occurred after the student had been given three opportunities to pass the examination.
  4. Upon successful completion of both the written and shooting proficiency examinations, the qualified handgun instructor may certify that the concealed handgun license applicant has established his or her proficiency, in a manner to be determined by the department.

Source Note: The provisions of this §6.11 adopted to be effective August 10, 2008, 33 TexReg 6148; amended to be effective January 9, 2011, 35 TexReg 11944

§6.12 - Application Procedure and Required Materials

In addition to the information required by the Act, an applicant must submit all the following items, whether submitted electronically, through the online application process, or otherwise:

  1. Evidence of proficiency. The applicant must submit evidence of proficiency, as defined by §6.11 of this title (relating to Proficiency Requirements) reflecting the successful completion of a handgun proficiency course approved by the department and taught by a certified handgun instructor. Evidence of proficiency submitted by an original applicant will not be accepted by the department if it is more than two years old. Evidence of proficiency submitted by a renewal applicant will not be accepted by the department if it is more than six months old.
  2. Driver license number. An applicant shall provide a valid driver license number or identification certificate number issued by the department or by the issuing agency in the state of residence for non-resident applicants. Non-resident applicants and license holders must submit color photocopies of the front and back of their valid driver license or identification card issued by the appropriate state agency in their home state.
  3. Photographs. Photographs are required with original concealed handgun license applications. Photographs are not required for renewal applications or instructor-only applications as long as the existing photograph on file with the department meets quality standards. Applicants may be required to submit new or updated photographs if the existing photographs do not meet quality standards or the applicant's appearance has changed such that identification is inhibited. If an applicant is required to submit new or updated photographs, the applicant shall submit two identical photographs of the applicant to the department. The photographs must be un-retouched color prints. Snapshots, vending machine prints, and full length photographs will not be accepted. The photographs must be 2 inches by 2 inches in size and printed on photo quality paper. The photographs must be taken in normal light, with a contrasting white, off-white, or blue background. The photographs must present a good likeness of the applicant taken within the last six months. Unless worn daily for religious purposes, all hats or headgear must be removed for the photograph and no item or attire may cover or otherwise obscure any facial features (eyes, nose, and mouth). Eyeglasses must be removed for the photograph. The photographs must present a clear, frontal image of the applicant and include the full face from the bottom of the chin to the top of the head, including hair. The image of the applicant must be between 1 and 1-3/8 inches. Only the applicant may be portrayed. Photographs in which the face of the person being photographed are not in focus will not be accepted. Upon development of an interface allowing the Regulatory Services Division to access the photographs on file with the Driver License Division system or development of other electronic means to obtain the applicant's photograph, applicants may not be required to submit printed photographs.
  4. Fingerprints. Effective March 1, 2011, all original applicants must submit fingerprints through the Fingerprint Application Service of Texas (FAST), or by an entity qualified to take electronic fingerprints of an applicant for a license through the FAST system. All applicants must display to the person recording the fingerprints a driver's license or personal identification card issued by the applicant's state of residence. If fingerprints are not taken electronically, the department will resubmit renewal applicants' existing fingerprints for background check processing. However, if fingerprints on file do not meet current FBI or Texas quality standards, applicants will be required to submit new fingerprints to complete the renewal application process. The person who records the applicant's fingerprints shall:
    1. verify the identity of the person being fingerprinted;
    2. complete and verify the accuracy of the non-fingerprint data being submitted; and
    3. record the individual's fingerprints.
  5. Signature of applicant. The applicant must provide a signature in the form required by the department and must comply with §15.21 of this title (relating to Signature). Upon development of an interface allowing the Regulatory Services Division to access the digitized signature on file with the Driver License Division's system or development of other electronic means to obtain the applicant's signature, applicants may not be required to submit a signature.
  6. Proof of age. Proof of age may be established by a Texas driver license or personal identification card issued by the department. Non-resident applicants may establish proof of age by providing a copy of their valid driver license or personal identification card issued by the appropriate agency in their resident state. If an applicant cannot show proof of age through a driver license or personal identification card issued by the department, or appropriate state agency in his or her resident state, the applicant must submit alternative proof of age as prescribed in §15.24(1) of this title (relating to Identification of Applicants).
  7. Social Security number. An applicant must provide the applicant's Social Security number. This information is required to assist in the administration of laws relating to child support enforcement, as required and authorized by Family Code, §231.302.
  8. Failure to complete application process. If an applicant fails to provide all required application materials, and fails to provide within 90 days of the department's request any additional information or materials requested by the department necessary to process the application, the application process will be terminated as set out in §6.13(a) of this title (relating to Application Review and Background Investigation).

Source Note: The provisions of this §6.12 adopted to be effective August 10, 2008, 33 TexReg 6148; amended to be effective January 9, 2011, 35 TexReg 11944

§6.13 - Application Review and Background Investigation
  1. Applications must be complete and legible. If an application is not legible or complete, the department will notify the applicant of the deficiency. The applicant will have 90 days from the date of the deficiency notification letter to amend the application. Upon written request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend has expired, the application process will be terminated. An individual whose application has been terminated under this subsection will be required to submit new application materials and fees to apply for a license in the future.
  2. Time to review application and complete background investigation. The statutory time periods for the department to conduct application reviews and background investigations shall be measured from the date an application was received and complete. An application is not considered to have been received until it is complete.

Source Note: The provisions of this §6.13 adopted to be effective August 10, 2008, 33 TexReg 6148

§6.14 - Duplicate License

A license holder may not possess more than one license to carry a concealed handgun issued by the department. A license holder who requests a duplicate license based on a change of name or address shall destroy the old license promptly upon receipt of the duplicate license.

Source Note: The provisions of this §6.14 adopted to be effective August 10, 2008, 33 TexReg 6148

§6.15 - Renewal of License
  1. Grace period. An expired license may be renewed for up to one year after the expiration date. If the license has been expired for more than one year, the former license holder must submit an original license application to receive a license in the future.
  2. Notice of renewal. Renewal notices will be mailed to license holder no more than six (6) months before the expiration date to the address currently reported to the department by the applicant.
  3. Cost of renewal. The renewal fee for a license will be $70 except as otherwise provided by the Act.

Source Note: The provisions of this §6.15 adopted to be effective August 10, 2008, 33 TexReg 6148

PART 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 151 - General Provisions

§151.21 - Weapons Policy
  1. Policy.
    1. The Texas Department of Criminal Justice (TDCJ or Agency) requires that all persons carrying a firearm shall unload and safely secure the firearm prior to entering a TDCJ correctional facility. For purposes of visiting a TDCJ correctional facility, a peace officer, a person licensed to carry a handgun under Subchapter H, Chapter 411, Texas Government Code, or a person who is otherwise authorized to carry a deadly weapon shall unload and secure the weapon(s) in the locked trunk of a vehicle, or a locked compartment of a vehicle if the vehicle does not have a trunk, immediately upon parking or while stopped at the first security checkpoint, whichever occurs first. A peace officer may also store a weapon in any other TDCJ authorized location prior to entering the perimeter fence.
    2. It is a felony under the Texas Penal Code:
      1. To possess a deadly weapon while in a correctional facility, unless the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility authorized to possess the deadly weapon while on duty or traveling to or from the person's place of assignment;
      2. To provide a deadly weapon to an offender in a correctional facility;
      3. To possess or go with a firearm, illegal knife, club or other prohibited weapon, within 1,000 feet of a premise designated by the TDCJ as a place of execution under article 43.19, Texas Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
        1. Going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited;
        2. Possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; or
      4. For a person licensed to carry a handgun under Subchapter H, Chapter 411, Texas Government Code to carry a handgun on the premises of a correctional facility, regardless of whether the handgun is concealed.
    3. Except as provided in subsection (c) of this rule, an employee of TDCJ is prohibited from carrying a firearm in a state-owned vehicle, on their person or in their personal vehicle while on duty. An employee who is licensed to carry a handgun under Subchapter H, Chapter 411, Texas Government Code is subject to the statutes described in subsection (a)(2) of this rule and:
      1. Is prohibited from carrying a handgun in a state-owned vehicle, on their person or in their personal vehicle while on duty;
      2. Shall comply with paragraph (1) of this subsection when approaching a correctional facility; and
      3. Shall ensure the handgun is secured in the locked trunk of a personal vehicle, or a locked compartment if the vehicle does not have a trunk, before exiting the vehicle to enter any TDCJ office space.
  2. Definitions. The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise.
    1. Correctional Facility--A confinement facility operated by or under contract with the TDCJ, and a Community Corrections Facility (CCF) operated by a Community Supervision and Corrections Department (CSCD). The premises of a correctional facility is a building or portion of a building.
    2. Deadly Weapon--A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
    3. Exempt Employee--An employee in the position of warden, assistant warden or an administrative position eligible for custodial officer certification and hazardous duty pay under §151.51(c)(1)(D) of this title (relating to Custodial Officer Certification and Hazardous Duty Pay Guidelines).
    4. Firearm--Any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
    5. Handgun--Any firearm that is designed, made or adapted to be fired with one (1) hand.
  3. Exceptions.
    1. A parole officer who possesses a weapon in accordance with Parole Division policy that authorizes certain parole officers to carry firearms under Occupations Code §1701.257 may carry a firearm in a state-owned vehicle. An exempt employee may carry a firearm in a state-owned vehicle for purposes of responding to emergency situations involving offenders, or on their person in the event of an actual emergency situation, including those situations as defined in §152.61 of this title (relating to TDCJ Emergency Response to Municipal, County, State or Federal Law Enforcement Agencies and Non-Agent Private Prisons/Jails).
    2. State-owned housing, other than Bachelor Officers' Quarters, is excepted from this rule, only to the extent that weapons are secured in a locked container within the house.
    3. An employee may carry a weapon(s) on duty if the employee is a peace officer in the Office of Inspector General (OIG) or possesses the weapon(s) in accordance with:
      1. The TDCJ Use of Force Plan;
      2. Parole Division policy authorizing certain parole officers to carry firearms under Texas Occupations Code §1701.257 and parole and community supervision officers participating in the firearms training program pursuant to Texas Occupations Code §1701.257; or
      3. Other applicable Agency policy.
    4. The written consent of the Executive Director or designee to an employee is effective to create an exemption from this rule.
  4. Duties of the Executive Director.
    1. The Executive Director shall ensure that Agency policies are consistent with this rule. Policies adopted to ensure the safety and security of correctional facilities may be more restrictive than this rule and may encompass weapons not covered by this rule.
    2. The Executive Director shall ensure that signs are posted in English and Spanish to provide adequate notice of the substance of this rule.

Source Note: The provisions of this §151.21 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective February 5, 2004, 29 TexReg 1212; amended to be effective September 3, 2008, 33 TexReg 7263

CHAPTER 163 - Community Justice Assistance Division Standards

§163.34 - Carrying of Weapons
  1. In accordance with Texas Government Code §76.0051, a community supervision officer (CSO) is authorized to carry a handgun or other firearm while engaged in the actual discharge of the officer's duties if:
    1. The CSO possesses a current certificate of firearms proficiency issued by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); and
    2. The community supervision and corrections department (CSCD) director grants the authorization.
  2. This section does not authorize a CSO to carry a firearm while off-duty.
  3. The carrying of a handgun or other firearm by CSOs shall be done strictly in accordance with Texas Government Code §76.0051 and the authorization, policy, and procedures promulgated by the director as set forth in subsection (e) of this rule.
  4. Prior to undergoing training to carry a firearm, a CSO shall meet the following qualifications.
    1. The CSO shall be examined by a psychologist or psychiatrist licensed in the state of Texas and declared in writing by the psychologist or psychiatrist, using TCLEOSE approved forms, to be in satisfactory psychological and emotional health for the carrying of a weapon in the performance of the CSO's duties for which a certificate of firearms proficiency is sought.
    2. The CSO shall execute an instrument wherein the CSO acknowledges:
      1. It is unlawful for any person to possess any firearm or ammunition who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; or who has been convicted of any domestic violence crime, misdemeanor, or felony; or who has been discharged from the armed forces under dishonorable conditions;
      2. It is the CSOs' responsibility to immediately inform their supervisor and the CSCD director of any arrest, charges, or conviction related to such crimes; and
      3. The CSO has never been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; has never been convicted of any domestic violence crime, misdemeanor, or felony; or has never been discharged from the armed forces under dishonorable conditions.
  5. Each CSCD that elects to authorize certain, or all, of its CSOs to carry firearms in accordance with the foregoing requirements shall adopt written policies and procedures defining which of its CSOs have authority to carry firearms and the limitations that apply to their carrying and use of firearms. The CSCDs shall submit written policies and procedures for review by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) director. The policies and procedures shall specify:
    1. The firearm training and qualification requirements;
    2. The handling, use, and storage of firearms;
    3. The types of firearms authorized; and
    4. The process for reporting and investigating incidents related to the possession or use of firearms by the CSOs.
  6. Each CSCD that elects to authorize CSOs to carry or use less than lethal weapons, such as aerosol sprays, chemical agents, restraining devices, or stun guns, shall adopt written policies and procedures defining which of its CSOs have authority to carry such weapons and the limitations that apply to their carrying and use. The CSCDs shall submit written policies and procedures for review by the TDCJ CJAD director. The policies and procedures shall specify:
    1. The training, qualification, and certification requirements;
    2. The handling, use, and storage of the particular weapons and devices involved;
    3. The types and relevant specifications that apply to the less than lethal weapons that are authorized; and
    4. The process for reporting and investigating incidents related to the possession or use of less than lethal weapons, such as aerosol sprays, restraining devices, or stun guns.
  7. CSCDs that elect not to authorize CSOs to carry firearms or use less than lethal weapons in the performance of their duties shall adopt a written policy statement disallowing such practices, as applicable. Each new CSO shall be notified of these policies prior to an offer of employment by the CSCD.
  8. Requirements of the Texas Commission on Law Enforcement Officer Standards and Education.
    1. The CSOs authorized by the CSCD to make application to the TCLEOSE for certification in firearms proficiency in accordance with the above provisions shall use TCLEOSE approved forms and provide copies to the TDCJ CJAD and the CSCD.
    2. CSCDs shall conduct a comprehensive background check on all CSOs seeking firearms certification.
    3. CSCDs shall maintain records of background information obtained on all CSOs seeking firearms certification.
    4. CSCDs shall maintain records of annually required requalification on all CSOs obtaining firearms certification.
    5. CSCDs shall notify the TCLEOSE if a CSO's authority to carry a firearm is rescinded.
    6. CSCDs authorizing CSOs to carry firearms shall notify the TCLEOSE of the name, address, telephone, and fax numbers of the CSCD director.
    7. Each CSCD shall allow the TCLEOSE and other law enforcement agencies access to records pertaining to firearms for auditing and investigation purposes.
  9. Community Supervision Officer Training and Qualification Requirements.
    1. CSOs shall not be granted permission to carry a firearm in the performance of their duties unless that CSO has completed a firearms training program approved by the TCLEOSE and has been issued a certificate of firearms proficiency by the TCLEOSE as provided in subsection (a) of this rule. The firearms training program shall be completed within six months after obtaining the TCLEOSE psychological release as required in subsection (d)(1) of this rule.
    2. Firearms training provided to CSOs shall be designed to prepare the CSOs to carry such weapons while conducting field visits, participating in community based criminal justice initiatives with law enforcement agencies, and in dealing with the safety and self-defense considerations related to such activities.
    3. CSO qualification of weapons usage, a periodic proficiency test, and documentation of training shall be completed in the presence of a TCLEOSE approved instructor on a yearly basis in addition to the required TCLEOSE certificate of firearms proficiency.
    4. Specific firearms and other weapons training course guidelines and recommendations shall be published in the TDCJ CJAD Weapons Procedures Guidebook.
  10. Ownership, Inspection, and Maintenance.
    1. CSOs authorized to carry weapons shall provide their own weapons.
    2. CSCDs shall appoint an individual within the department to be responsible for yearly inspection and maintenance programs for firearms used by CSOs.
  11. Types of Firearms Authorized.
    1. CSOs are authorized to carry the following weapons:
      1. Double action revolvers; or
      2. Semi-automatic pistols.
    2. Barrel length of weapon shall be between two and five inches.
    3. Approved cartridges shall be:
      1. 9mm caliber;
      2. .38 Special;
      3. .357 Magnum;
      4. .357 Sig;
      5. .40 caliber;
      6. 10mm caliber;
      7. .45 caliber; or
      8. .380 caliber.
    4. Ammunition. All carried ammunition shall be factory original loads of bullet weight between 85 and 230 grains, per Sporting Arms Ammunition Manufacturer Institute (SAAMI) Guidelines.
  12. Reports to the Texas Department of Criminal Justice Community Justice Assistance Division.
    1. Each CSCD shall have a written Use of Force policy and a written procedure for reporting and investigating each incident where a firearm or less than lethal weapon is discharged, used, or drawn on an individual. The term "to draw" means to unholster a firearm in preparation for use in self-defense against a perceived threat.
    2. Such procedure shall include:
      1. Notification of incidents;
      2. Procedures for interaction with outside entities, such as local law enforcement and media;
      3. Internal investigation procedures; and
      4. Employee support components.
    3. Notification of Incidents to the Texas Department of Criminal Justice Emergency Action Center (EAC). Serious incidents, such as a CSO's drawing of a firearm on an individual or the unauthorized use of a less than lethal weapon by a CSO, shall be promptly reported to the EAC (936) 437-6600 and in all events within 24 hours of the incident. Incidents involving the discharge of a firearm shall be reported to the EAC immediately, if possible, and in all circumstances within three hours of occurrence. A preliminary written report of each of the above-described incidents shall be sent to the TDCJ CJAD within ten days of the occurrence.

Source Note: The provisions of this §163.34 adopted to be effective February 22, 1998, 23 TexReg 1314; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective May 2, 2011, 36 TexReg 2733