By: Bell (Senate Sponsor - Estes)	H.B. No. 3142
	(In the Senate - Received from the House May 9, 2013;
	May 10, 2013, read first time and referred to Committee on
	Agriculture, Rural Affairs, and Homeland Security; May 17, 2013,
	reported favorably by the following vote:  Yeas 3, Nays 0;
	May 17, 2013, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to handguns used to demonstrate proficiency in handgun use
	for purposes of obtaining a concealed handgun license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11.041(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  Each holder of a permit who is not otherwise required to
	display a sign under Section 411.204, Government Code, shall
	display in a prominent place on the permit holder's premises a sign
	giving notice that it is unlawful for a person to carry a weapon on
	the premises unless the weapon is a concealed handgun [of the same
	category] the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code.
	SECTION 2.  Section 11.61(e), Alcoholic Beverage Code, is
	amended to read as follows:
	(e)  Except as provided by Subsection (f) or (i), the
	commission or administrator shall cancel an original or renewal
	permit if it is found, after notice and hearing, that the permittee
	knowingly allowed a person to possess a firearm in a building on the
	licensed premises.  This subsection does not apply to a person:
	(1)  who holds a security officer commission issued
	under Chapter 1702, Occupations Code, if:
	(A)  the person is engaged in the performance of
	the person's duties as a security officer;
	(B)  the person is wearing a distinctive uniform;
	and
	(C)  the weapon is in plain view;
	(2)  who is a peace officer;
	(3)  who is a permittee or an employee of a permittee if
	the person is supervising the operation of the premises; or
	(4)  who possesses a concealed handgun [of the same
	category] the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, unless the person is on the premises
	of a business described by Section 46.035(b)(1), Penal Code.
	SECTION 3.  Section 61.11(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  Each holder of a license who is not otherwise required
	to display a sign under Section 411.204, Government Code, shall
	display in a prominent place on the license holder's premises a sign
	giving notice that it is unlawful for a person to carry a weapon on
	the premises unless the weapon is a concealed handgun [of the same
	category] the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code.
	SECTION 4.  Section 61.71(f), Alcoholic Beverage Code, is
	amended to read as follows:
	(f)  Except as provided by Subsection (g) or (j), the
	commission or administrator shall cancel an original or renewal
	dealer's on-premises or off-premises license if it is found, after
	notice and hearing, that the licensee knowingly allowed a person to
	possess a firearm in a building on the licensed premises.  This
	subsection does not apply to a person:
	(1)  who holds a security officer commission issued
	under Chapter 1702, Occupations Code, if:
	(A)  the person is engaged in the performance of
	the person's duties as a security officer;
	(B)  the person is wearing a distinctive uniform;
	and
	(C)  the weapon is in plain view;
	(2)  who is a peace officer;
	(3)  who is a licensee or an employee of a licensee if
	the person is supervising the operation of the premises; or
	(4)  who possesses a concealed handgun [of the same
	category] the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, unless the person is on the premises
	of a business described by Section 46.035(b)(1), Penal Code.
	SECTION 5.  Section 411.177(a), Government Code, is amended
	to read as follows:
	(a)  The department shall issue a license to carry a
	concealed handgun to an applicant if the applicant meets all the
	eligibility requirements and submits all the application
	materials.  [The department may issue a license to carry handguns
	only of the categories for which the applicant has demonstrated
	proficiency in the form and manner required by the department.] 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.
	SECTION 6.  Section 411.179(a), Government Code, is amended
	to read as follows:
	(a)  The department by rule shall adopt the form of the
	license.  A license must include:
	(1)  a number assigned to the license holder by the
	department;
	(2)  a statement of the period for which the license is
	effective;
	(3)  [a statement of the category or categories of
	handguns the license holder may carry as provided by Subsection
	(b);
	[(4)]  a color photograph of the license holder;
	(4) [(5)]  the license holder's full name, date of
	birth, hair and eye color, height, weight, and signature;
	(5) [(6)]  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; and
	(6) [(7)]  the number of a driver's license or an
	identification certificate issued to the license holder by the
	department.
	SECTION 7.  Section 411.187(a), Government Code, is amended
	to read as follows:
	(a)  The department shall suspend a license under this
	section if the license holder:
	(1)  is charged with the commission of a Class A or
	Class B misdemeanor or equivalent offense, or of an offense under
	Section 42.01, Penal Code, or equivalent offense, or of a felony
	under an information or indictment;
	(2)  fails to notify the department of a change of
	address, name, or status as required by Section 411.181;
	(3)  [carries a concealed handgun under the authority
	of this subchapter of a different category than the license holder
	is licensed to carry;
	[(4)     fails to return a previously issued license after
	a license is modified as required by Section 411.184(d);
	[(5)]  commits an act of family violence and is the
	subject of an active protective order rendered under Title 4,
	Family Code; or
	(4) [(6)]  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.
	SECTION 8.  Sections 411.188(a) and (d), Government Code,
	are amended to read as follows:
	(a)  The director by rule shall establish minimum standards
	for handgun proficiency and shall develop a course to teach handgun
	proficiency and examinations to measure handgun proficiency.  The
	course to teach handgun proficiency must contain training sessions
	divided into two parts.  One part of the course must be classroom
	instruction and the other part must be range instruction and an
	actual demonstration by the applicant of the applicant's ability to
	safely and proficiently use a [the applicable category of] 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.
	(d)  Only a qualified handgun instructor may administer the
	proficiency examination to obtain or to renew a license.  The
	proficiency examination must include:
	(1)  a written section on the subjects listed in
	Subsection (b); and
	(2)  a physical demonstration of proficiency in the use
	of one or more handguns [of specific categories] and in handgun
	safety procedures.
	SECTION 9.  Section 411.1882(a), Government Code, is amended
	to read as follows:
	(a)  A person who is serving in this state as a judge or
	justice of a federal court, as an active judicial officer, as
	defined by Section 411.201, or as a district attorney, assistant
	district attorney, criminal district attorney, assistant criminal
	district attorney, county attorney, or assistant county attorney
	may establish handgun proficiency for the purposes of this
	subchapter by obtaining from a handgun proficiency instructor
	approved by the Commission on Law Enforcement Officer Standards and
	Education for purposes of Section 1702.1675, Occupations Code, a
	sworn statement that[:
	[(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].
	SECTION 10.  Section 411.199(e), Government Code, is amended
	to read as follows:
	(e)  A retired peace officer who obtains a license under this
	subchapter must maintain[, for the category of weapon licensed,]
	the proficiency required for a peace officer under Section
	1701.355, Occupations Code.  The department or a local law
	enforcement agency shall allow a retired peace officer of the
	department or agency an opportunity to annually demonstrate the
	required proficiency.  The proficiency shall be reported to the
	department on application and renewal.
	SECTION 11.  Sections 62.082(d) and (e), Parks and Wildlife
	Code, are amended to read as follows:
	(d)  Section 62.081 does not apply to:
	(1)  an employee of the Lower Colorado River Authority;
	(2)  a person authorized to hunt under Subsection (c);
	(3)  a peace officer as defined by Article 2.12, Code of
	Criminal Procedure; or
	(4)  a person who:
	(A)  possesses a concealed handgun and a license
	issued under Subchapter H, Chapter 411, Government Code, to carry a
	concealed handgun [of the same category as a handgun the person is
	carrying]; or
	(B)  under circumstances in which the person would
	be justified in the use of deadly force under Chapter 9, Penal Code,
	shoots a handgun [of the same category as a handgun] the person is
	licensed to carry under Subchapter H, Chapter 411, Government Code.
	(e)  A state agency, including the department, the
	Department of Public Safety, and the Lower Colorado River
	Authority, may not adopt a rule that prohibits a person who
	possesses a license issued under Subchapter H, Chapter 411,
	Government Code, from entering or crossing the land of the Lower
	Colorado River Authority while:
	(1)  possessing a concealed handgun [of the same
	category as a handgun the person is licensed to carry]; or
	(2)  under circumstances in which the person would be
	justified in the use of deadly force under Chapter 9, Penal Code,
	shooting a handgun [of the same category as a handgun the person is
	licensed to carry].
	SECTION 12.  Section 30.05(f), Penal Code, is amended to
	read as follows:
	(f)  It is a defense to prosecution under this section that:
	(1)  the basis on which entry on the property or land or
	in the building was forbidden is that entry with a handgun was
	forbidden; and
	(2)  the person was carrying a concealed handgun and a
	license issued under Subchapter H, Chapter 411, Government Code, to
	carry a concealed handgun [of the same category the person was
	carrying].
	SECTION 13.  Section 46.15(b), Penal Code, is amended to
	read as follows:
	(b)  Section 46.02 does not apply to a person who:
	(1)  is in the actual discharge of official duties as a
	member of the armed forces or state military forces as defined by
	Section 431.001, Government Code, or as a guard employed by a penal
	institution;
	(2)  is traveling;
	(3)  is engaging in lawful hunting, fishing, or other
	sporting activity on the immediate premises where the activity is
	conducted, or is en route between the premises and the actor's
	residence, motor vehicle, or watercraft, if the weapon is a type
	commonly used in the activity;
	(4)  holds a security officer commission issued by the
	Texas Private Security Board, if the person is engaged in the
	performance of the person's duties as an officer commissioned under
	Chapter 1702, Occupations Code, or is traveling to or from the
	person's place of assignment and is wearing the officer's uniform
	and carrying the officer's weapon in plain view;
	(5)  acts as a personal protection officer and carries
	the person's security officer commission and personal protection
	officer authorization, if the person:
	(A)  is engaged in the performance of the person's
	duties as a personal protection officer under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment; and
	(B)  is either:
	(i)  wearing the uniform of a security
	officer, including any uniform or apparel described by Section
	1702.323(d), Occupations Code, and carrying the officer's weapon in
	plain view; or
	(ii)  not wearing the uniform of a security
	officer and carrying the officer's weapon in a concealed manner;
	(6)  is carrying a concealed handgun and a valid
	license issued under Subchapter H, Chapter 411, Government Code, to
	carry a concealed handgun [of the same category as the handgun the
	person is carrying];
	(7)  holds an alcoholic beverage permit or license or
	is an employee of a holder of an alcoholic beverage permit or
	license if the person is supervising the operation of the permitted
	or licensed premises; or
	(8)  is a student in a law enforcement class engaging in
	an activity required as part of the class, if the weapon is a type
	commonly used in the activity and the person is:
	(A)  on the immediate premises where the activity
	is conducted; or
	(B)  en route between those premises and the
	person's residence and is carrying the weapon unloaded.
	SECTION 14.  The following provisions of the Government Code
	are repealed:
	(1)  Section 411.171(1);
	(2)  Section 411.179(b);
	(3)  Section 411.184; and
	(4)  Sections 411.188(e) and (h).
	SECTION 15.  (a)  The change in law made by this Act to
	Subchapter H, Chapter 411, Government Code, applies only to a
	license issued or renewed under that subchapter on or after the
	effective date of this Act.
	(b)  The changes in law made by this Act to the Alcoholic
	Beverage Code, Parks and Wildlife Code, and Penal Code, apply only
	to civil or criminal proceedings involving the carrying of a
	handgun on or after the effective date of this Act by a person
	licensed to carry a concealed handgun under Subchapter H, Chapter
	411, Government Code, as amended by this Act.
	SECTION 16.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2013.
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