Texas Concealed Hand Gun Law

LAWS RELATING TO THE CARRYING OF A CONCEALED HANDGUN IN TEXAS - Vernon's Civil Statutes Art. 4413(29ee). LICENSE TO CARRY A CONCEALED HANDGUN*

*[repealed and recodified by Acts 1997, 75th Leg., S.B. 898, eff. 09-01-97; see, now, GC §§411.171 to 411.208 government code]

GC Ch. 411. Department of Public Safety of the State of Texas

* * * * *

Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN

* * * * *

GC §411.171.

DEFINITIONS.

In this subchapter:
(1) "Action" means single action, revolver, or semi-automatic action.

(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

(3) "Concealed handgun" means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

(4) "Convicted" means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not:

(A) the imposition of the sentence is subsequently probated and the person is discharged from community supervision; or

(B) the person is pardoned for the offense, unless the pardon is expressly granted for subsequent proof of innocence.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

Sec. 1 (4) "Convicted" means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not[:

[(A)] the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication which has been subsequently:

(A) expunged; or

(B) pardoned under the authority of a state or federal official.[; or

[(B) the person is pardoned for the offense, unless the pardon is expressly granted for subsequent proof of innocence.]

(5) "Handgun" has the meaning assigned by Section 46.01, Penal Code.

(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

(7) "Qualified handgun instructor" means a person who is certified to instruct in the use of handguns by the department.

(8) "Unsound mind" means the mental condition of a person who:

(A) has been adjudicated mentally incompetent, mentally ill, or not guilty of a criminal offense by reason of insanity;

(B) has been diagnosed by a licensed physician as being characterized by a mental disorder or infirmity that renders the person incapable of managing the person's self or the person's affairs, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder; or

(C) has been diagnosed by a licensed physician as suffering from depression, manic depression, or post-traumatic stress syndrome, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 1*

*[repealed by Acts 1997, 75th Leg., H.B.2909, eff. 09-01-97.)

(10) "Unsound mind" means the mental condition of a person who:

(A) has been adjudicated mentally incompetent, mentally ill, or not guilty of a criminal offense by reason of insanity;

(B) has been diagnosed by a licensed physician as being characterized by a mental disorder or infirmity that renders the person incapable of managing the person's self or the person's affairs, unless the person furnishes a certificate from a l icensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder; or

(C) has been diagnosed by a licensed physician as suffering from depression, manic depression, or post-traumatic stress syndrome, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder.

GC §411.172.

ELIGIBILITY.

(a) A person is eligible for a license to carry a concealed handgun if the person:

(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter;

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

Sec. 2(a)(1) is a legal resident of this state for the six-month period preceding the date of application under this article or is otherwise eligible for a license under Section 35(a) of this article;

(2) is at least 21 years of age;

(3) has not been convicted of a felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;

(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor;

(6) is not a chemically dependent person;

(7) is not a person of unsound mind;

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

Sec. 2(a)(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun [a person of unsound mind];

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

(9) is fully qualified under applicable federal and state law to purchase a handgun;

(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

(12) has not been finally determined to be in default on a loan made under

Chapter 57, Education Code;

(13) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;

(14) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(15) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174 or in a request for application submitted pursuant to Section 411.175.

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) a felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; and

(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

(c) An individual who has been convicted two times within the10-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.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as added by Acts 1997, 75th Leg., H.B.2909.]

Sec.2(d)(1) For purposes of Subsection (a)(7) of this section, a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if:

(A) the person 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;

(B) the person suffers from a psychiatric disorder or condition described by Paragraph (A) of this subdivision that:

(i) is in remission but is reasonably likely to redevelop at a future time; or

(ii) requires continuous medical treatment to avoid redevelopment;

(C) the person has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs; or

(D) the person has entered in any criminal proceeding a plea of not guilty by reason of insanity.

(2) The following are evidence that a person has a psychiatric disorder or condition described by Subdivision (1)(A) of this subsection:

1. involuntary psychiatric hospitalization in the preceding five-year period;
2. psychiatric hospitalization in the preceding two-year period;

(C) inpatient or residential substance abuse treatment in the preceding five-year period;

(D) 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

(E) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consistin g of or relating to:

(i) schizophrenia or delusional disorder;

(ii) bipolar disorder;

(iii) chronic dementia, whether caused by illness, brain defect, or brain injury;

(iv) dissociative identity disorder;

(v) intermittent explosive disorder; or

(vi) antisocial personality disorder.

(3) Notwithstanding Subdivision (1), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subdivision (1) or listed in Subdivision (2) 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.

GC §411.173.

RECIPROCAL LICENSE.

On application by a person who has a valid license to carry a concealed handgun issued by another state, the department may issue to the person a license under this subchapter without requiring that the person meet eligibility requirements or pay fees otherwise imposed under this subchapter, but only if the department determines that:

(1) the eligibility requirements imposed by the other state are at least as rigorous as the requirements imposed by this subchapter; and

(2) the other state provides reciprocal licensing privileges to a person who holds a license issued under this subchapter and applies for a license in the other state.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

Sec. 35. NONRESIDENT [RECIPROCAL] LICENSE.

(a) The department by rule shall establish a procedure for a person who is a legal resident of a state that does not provide for the issuance of a license to carry a concealed handgun and who meets the eligibility requirements of this article other than the residency requirement established by Section 2(a)(1) of this article to obtain a license under this article. The procedure shall 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.

(b) The department shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state [On application by a person who has a valid license to carry a concealed handgun issued by another state, the department may issue to the person a license under this article without requiring that the person meet eligibility requirements or pay fees otherwise imposed under this article, but only] if the department determines that:

(1) the eligibility requirements imposed by the other state include background check requirements that meet or exceed background check [are at least as rigorous as the] requirements imposed by federal law as a condition of receiving a handgun [this article]; and

(2) the other state recognizes [provides reciprocal licensing privileges to a person who holds] a license issued in [under] this [article and applies for a license in the other] state.

GC §411.174.

APPLICATION.

1. An applicant for a license to carry a concealed 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) two recent color passport photographs of the applicant;

(3) a certified copy of the applicant's birth certificate or certified proof of age;

(4) proof of residency in this state;

(5) two complete sets of legible and classifiable fingerprints of the applicant taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints;

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

Sec. 3(a)(5) two complete sets of legible and classifiable fingerprints of the applicant taken by a person [employed by a law enforcement agency who is] appropriately trained in recording fingerprints 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 article;

(6) a nonrefundable application and license fee of $140 paid to the department;

(7) a handgun proficiency certificate described by Section 411.189;

(8) an affidavit signed by the applicant stating that the applicant:

(A) 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

(B) 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).

(b) An applicant must provide on the application a statement of the applicant's:

(1) full name and place and date of birth;

(2) race and sex;

(3) residence and business addresses for the preceding five years;

(4) hair and eye color;

(5) height and weight;

(6) driver's license number or identification certificate number issued by the department;

(7) criminal history record information of the type maintained by the department under 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 during the prec eding five years, if any, of treatment received by, commitment to, or residence in:

(A) a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state; or

(B) a psychiatric hospital.

(c) The department shall distribute on request a copy of this subchapter and application materials.

GC §411.175.

REQUEST FOR APPLICATION MATERIALS.

(a) A person applying for a license to carry a concealed handgun must apply by obtaining a request for application materials from a handgun dealer, the department, or any other person or entity approved by the department. The request for application materials must include the applicant's full name, address, race, sex, height, date of birth, and driver's license number and such other identifying information as required by department rule. The department shall prescribe the form of the request and make the form available to interested parties. An individual who desires to receive application materials must complete the request for application materials and forward it to the department at its Austin address. The department shall review all requests for application materials and make a preliminary determination as to whether or not the individual is qualified to receive a handgun license. If an individual is not disqualified to receive a handgun license, the department shall forward to the individual the appropriate application materials. The applicant must complete the application materials and forward the completed materials to the department at its Austin address.

(b) If a preliminary review indicates that an individual will not be qualified to receive a handgun license, the department shall send written notification to that individual. The notice shall provide the reason that the preliminary review indicates that the individual is not entitled to receive a handgun license. The department shall give the individual an opportunity to correct wha tever defect may exist.

GC §411.176.

REVIEW OF APPLICATION MATERIALS.

(a) On receipt of the application materials by the department at its Austin headquarters, the department shall conduct the appropriate criminal history record check of the applicant through its computerized criminal history system. Not later than the 30th day after the date the department receives the application materials, the department shall forward the materials to the director's designee in the geographical area of the applicant's residence so that the designee may conduct the investigation described by Subsection (b).

(b) The director's designee as needed shall conduct an additional criminal history record check of the applicant and an investigation of the applicant's local official records to verify the accuracy of the application materials. The scope of the record check and the investigation are at the sole discretion of the department. The department shall send a fingerprint card to the Federal Bureau of Investigation for a national criminal history check of the applicant. On completion of the investigation, the director's designee shall return all materials and the result of the investigation to the appropriate division of the department at its Austin headquarters. The director's designee may submit to the appropriate division of the department, at the department's Austin headquarters, along with the application materials a written recommendation for disapproval of the application, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of a ground for denial under Section 411.172. The director's designee in the appropriate geographical area may also submit the application and the recommendation that the license be issued.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(5) (b) The director's designee as needed shall con duct an additional criminal history record check of the applicant and an investigation of the applicant's local official records to verify the accuracy of the application materials. The scope of the record check and the investigation are at the sole discretion of the department, except that the director's designee shall complete the record check and investigation not later than 60 days 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. The director's designee may submit to the appropriate division of the department, at the department's Austin headquarters, along with the application materials a written recommendation for disapproval of the application, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of a ground for denial under Section 2 of this article. The director's designee in the appropriate geographical area may also submit the application and the recommendation that the license be issued. 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 in the event that 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 180 days after the date the department receives the application materials from the applicant.

GC §411.177.

ISSUANCE OR DENIAL OF LICENSE.

(a) The department shall issue a license to carry a concealed handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department may issue a license to carry handguns only of the categories indicated on the applicant's certificate of proficiency issued under Section 411.189. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.

(b) The department, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials, shall:

(1) issue the license; or

(2) notify the applicant in writing that the application was denied:

(A) on the grounds that the applicant failed to qualify under the criteria listed in Section 411.172;

(B) based on the affidavit of the director's designee submitted to the department under Section 411.176(b); or

(C) based on the affidavit of the qualified handgun instructor submitted to the department under Section 411.189(c).

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

Sec. 6(b) [(1)] Not [After January 1, 1997, the department, not] later than the 60th day after the date of the receipt by the director's designee of the completed application materials, the department shall:

(1) [(A)] issue the license; [or]

(2) [(B)] notify the applicant in writing that the application was denied:

(A) [(i)] on the grounds that the applicant failed to qualify under the criteria listed in Section 2 of this article;

(B) [(ii)] based on the affidavit of the director's designee submitted to the department under Section 5(b) of this article; or

(C) [(iii)] based on the affidavit of the quali fied handgun instructor submitted to the department under Section 17(c) of this article; 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.

[(2) Between the effective date of this article and December 31, 1996, the department shall perform the duties set out in this subsection not later than the 90th day after the date of the receipt by the director's designee of the completed application materials.]

(c) 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.

(d) A license issued under this subchapter is effective from the date of issuance.

GC §411.178.

NOTICE TO LOCAL LAW ENFORCEMENT.

If the department issues a license, the department shall notify the sheriff of the county in which the license holder resides that a license has been issued to the license holder. On request of a local law enforcement agency, the department shall notify the agency of the licenses that have been issued to license holders who reside in the county in which the agency is located.

GC §411.179.

FORM OF LICENSE.

(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; and

(5) the license holder's full name, date of birth, residence address, hair and eye color, height, weight, signature, an d the number of a driver's license or an identification certificate issued to the license holder by the department.

(b) A category of handguns contains handguns that are not prohibited by law

and are of certain actions. The categories of handguns are:

(1) SA: any handguns, whether semi-automatic or not; and

(2) NSA: handguns that are not semi-automatic.

GC §411.180.

NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF LICENSE;

REVIEW.

(a) The department shall give written notice to each applicant for a handgun license of any denial, revocation, or suspension of that license. Not later than the 30th day after the notice is received by the applicant, according to the records of the department, the applicant or license holder may request a hearing on the denial, revocation, or suspension. The applicant must make a written request for a hearing addressed to the department at its Austin address. The request for hearing must reach the department in Austin prior to the 30th day after the date of receipt of the written notice. On receipt of a request for hearing from a license holder or applicant, the department shall promptly schedule a hearing in the appropriate justice court in the county of residence of the applicant or license holder. The justice court shall conduct a hearing to review the denial, revocation, or suspension of the license. In a proceeding under this section, a justice of the peace shall act as an administrative hearing officer. A hearing under this section is not subject to Chapter 2001 (Administrative Procedure Act). A district attorney or county attorney, the attorney general, or a designated member of the department may represent the department.

(b) The department, on receipt of a request for hearing, shall file the appropriate petition in the justice court selected for the hearing and send a copy of that petition to the applicant or license holder at the address contained in departmental records. A hearing under this section must be scheduled within 30 days of receipt of the request for a hearing. The hearing shall be held expeditiously but in no event more than 60 days after the date that the applicant or license holder requested the hearing. The date of the hearing may be reset on the motion of either party, by agreement of the parties, or by the court as necessary to accommodate the court's docket.

(c) The justice court shall determine if the denial, revocation, or suspension is supported by a preponderance of the evidence. Both the applicant or license holder and the department may present evidence. The court shall affirm the denial, revocation, or suspension if the court determines that denial, revocation, or suspension 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.

(d) A proceeding under this section is subject to Chapter 105, Civil Practice and Remedies Code, relating to fees, expenses, and attorney's fees.

(e) A party adversely affected by the court's ruling following a hearing under this section may appeal the ruling by filing within 30 days after the ruling a petition in a county court at law in the county in which the applicant or license holder resides or, if there is no county court at law in the county, in the county court of the county. A person who appeals under this section must send by certified mail a copy of the person's petition, certified by the clerk of the court in which the petition is filed, to the appropriate division of the department at its Austin headquarters. The trial on appeal shall be a trial de novo without a jury. A district or county attorney or the attorney general may represent the department.

(f) A suspension of a license may not be probated.

(g) If an applicant or a license holder does not petition the justice court, a denial becomes final and a revocation or suspension takes effect on the 30th day after receipt of written notice.

(h) 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.

GC §411.181.

NOTICE OF CHANGE OF ADDRESS OR NAME.

(a) If a person who is a current license holder moves from the address stated on the license or if the name of the person is changed by marriage or otherwise, the person shall, not later than the 30th day after the date of the address or name change, notify the department and provide the department with the number of the person's license and the person's:

(1) former and new addresses; or

(2) former and new names.

(b) If the name of the license holder is changed by marriage or otherwise, the person shall apply for a duplicate license.

(c) If a license holder moves from the address stated on the license, the person shall apply for a duplicate license.

(d) The department shall charge a license holder a fee of $25 for a duplicate license.

(e) The department shall make the forms available on request.

(f) The department shall notify the sheriff of the county in which a license holder resides of a change made under Subsection (a) by the license holder. 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.

(g) If a license is lost, stolen, or destroyed, the license holder shall apply for a duplicate lic ense not later than the 30th day after the date of the loss, theft, or destruction of the license.

(h) If a license holder is required under this section to apply for a duplicate license and the license expires not later than the 60th day after the date of the loss, theft, or destruction of the license, the applicant may renew the license with the modified information included on the new license. The applicant must pay only the nonrefundable renewal fee.

GC §411.182.

NOTICE.

(a) 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.

(b) 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.

(c) If a notice is returned to the department because the notice is not deliverable, the department may give notice by publication once in a newspaper of general interest in the county of the applicant's or license holder's last reported address. On the 31st day after the date the notice is published, the department may take the action proposed in the notice.

GC §411.183.

EXPIRATION.

(a) 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.

(b) A renewed license expires on the license holder's birthdate, four years after the date of the expiration of the previous license.

(c) A duplicate license expires on the date the license that was duplicated would have expired.

(d) A modified license expires on the date the license that was modified would have expired.

(e) Notwithstanding Subsection (a), the department by rule may adopt a system to implement staggered and evenly distributed license expiration dates over the four-year period beginning January 1, 1996. The dep artment may not issue a license that is effective for less than two years. A license that is effective for less than four years and is renewed expires as provided by Subsection (b).

Notwithstanding Section 411.174(a)(6), the department by rule shall prorate the nonrefundable application and license fee for applicants who receive licenses that are effective for less than four years under this subsection. This subsection expires January 1, 2005.

GC §411.184.

MODIFICATION.

(a) To modify a license to allow a license holder to carry a handgun of a different category than the license indicates, the license holder must:

(1) complete a proficiency examination as provided by Section 411.188(e);

(2) obtain a handgun proficiency certificate under Section 411.189 not more than six months before the date of application for a modified license; and

(3) submit to the department:

(A) an application for a modified license on a form provided by the department;

(B) a copy of the handgun proficiency certificate;

(C) payment of a modified license fee of $25; and

(D) two recent color passport photographs of the license holder.

(b) The director by rule shall adopt a modified license application form requiring an update of the information on the original completed application.

(c) The department may modify the license of a license holder who meets all the eligibility requirements and submits all the modification materials. Not later than the 45th day after receipt of the modification materials, the department shall issue the modified license or notify the license holder in writing that the modified license application was denied.

(d) On receipt of a modified license, the license holder shall return the previously issued license to the department.

GC §411.185.

RENEWAL.

(a) To renew a license, a license holder must:

(1) complete a continuing education course in handgun proficiency under Section 411.188(c) not more than six months before the da te of application for renewal;

(2) obtain a handgun proficiency certificate under Section 411.189 not more than six months before the date of application for renewal; and

(3) submit to the department:

(A) an application for renewal on a form provided by the department;

(B) a copy of the handgun proficiency certificate;

(C) payment of a nonrefundable renewal fee as set by the department; and

(D) two recent color passport photographs of the applicant.

(b) The director by rule shall adopt a renewal application form requiring an update of the information on the original completed application. The director by rule shall set the renewal fee in an amount that is sufficient to cover the actual cost to the department to renew a license. Not later than the 60th day before the expiration date of the license, the department shall mail to each license holder a written notice of the expiration of the license and a renewal form.

(c) The department shall renew the license of a license holder who meets all the eligibility requirements and submits all the renewal materials. Not later than the 45th day after receipt of the renewal materials, the department shall issue the renewal or notify the license holder in writing that the renewal application was denied.

(d) The director by rule shall adopt a procedure by which a license holder who satisfies the eligibility criteria may renew a license by mail. The materials for renewal by mail must include a form to be signed and returned to the department by the applicant that describes state law regarding:

(1) the use of deadly force; and

(2) the places where it is unlawful for the holder of a license issued under this subchapter to carry a concealed handgun.

GC §411.186.

REVOCATION.

(a) A license may be revoked under this section if the license holder:

(1) was not entitled to the license at the time it was issued;

(2) gave false information on the application;

(3) subsequently becomes ineligibl e for a license under Section 411.172; or

(4) is convicted of an offense under Section 46.035, Penal Code.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 12(a)*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(3) subsequently becomes ineligible for a license under Section 2 of this article, 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 an offense under Section 42.01, Penal Code, or of a felony under an information or indictment; [or]

(4) is convicted of an offense under Section 46.035, Penal Code; or

(5) is determined by the department to have engaged in conduct constituting a reason to suspend a license listed in Section 13(a) of this article after the person's license has been previously suspended twice for the same reason.

(b) 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.

(c) A license holder whose license is revoked for a reason listed in this section 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.

GC §411.187.

SUSPENSION OF LICENSE.

(a) A license may be suspended under this section if the license holder:

(1) is convicted of disorderly conduct punishable as a Class C misdemeanor under Section 42.01, Penal Code;

(2) fails to display a license as required by Section 411.205;

(3) fails to notify the department of a change of address or name as required by Section 411.181;

(4) carries a concealed handgun under the authority of this subchapter of a different category than the license holder is licensed to carry;

(5) has been charged by indictment with the commission of an offense that would make the license holder ineligible for a license on conviction; or

(6) fails to return a previously issued license after a license is modified as required by Section 411.184(d).

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 13*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(a) A license may be suspended under this section if the license holder:

(1) is charged with the commission of a Class A or Class B misdemeanor or an offense [convicted of disorderly conduct punishable as a Class C misdemeanor] under Section 42.01, Penal Code, or of a felony under an information or indictment;

(2) fails to display a license as required by Section 6 of this article;

(3) fails to notify the department of a change of address or name as required by Section 8 of this article;

(4) carries a concealed handgun under the authority of this article of a different category than the license holder is licensed to carry; or

(5) [has been charged by indictment with the commission of an offense that would make the license holder ineligible for a license on conviction; or

[(6)] fails to return a previously issued license after a license is modified as required by Section 10(d) of this article.

(b) If 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.

(c) A license may be suspended under this section for not less than one year and not more than three years.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 13*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(c) A license may be suspended under this section:

(1) for 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(3), (4), or (5) of this section, except as provided by Subdivision (3) of this subsection;

(2) for 90 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2) of this section, except as provided by Subdivision (3) of this subsection;

(3) for not less than one year and not more than three years if the person's license is subject to suspension for a reason listed in Subsection (a) of this section, other than the reason listed in Subsection (a)(1) of this section, and the person's license has been previously suspended for the same reason; or

(4) until dismissal of the charges, if the person's license is subject to suspension for the reason listed in Subsection (a)(1) of this section.

GC §411.188.

HANDGUN PROFICIENCY REQUIREMENT.

(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 the category of h andgun for which the applicant seeks certification. An applicant may not be certified unless the applicant demonstrates, at a minimum, the degree of proficiency that is required to effectively operate a 9-millimeter or .38-caliber handgun. The department shall distribute the standards, course requirements, and examinations on request to any qualified handgun instructor.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 16*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(a) The director shall by rule establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency. The course to teach handgun proficiency must contain training sessions divided into two parts. One part of the course must be classroom instruction and the other part must be range instruction and an actual demonstration by the applicant of the applicant's ability to safely and proficiently use the category of handgun for which the applicant seeks certification. An applicant may not be certified unless the applicant demonstrates, at a minimum, the degree of proficiency that is required to effectively operate a [9-millimeter or .38-caliber] handgun of .32 caliber or above. The department shall distribute the standards, course requirements, and examinations on request to any qualified handgun instructor.

(b) Only a qualified handgun instructor may administer a handgun proficiency course. The handgun proficiency course must include at least 10 hours and not more than 15 hours of instruction on:

(1) the laws that relate to weapons and to the use of deadly force;

(2) handgun use, proficiency, and safety;

(3) nonviolent dispute resolution; and

(4) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.

(c) The department by rule shall develop a continuing education course in handgun proficiency for a license holder who wishes to renew a license. Only a qualified handgun instructor may administer the continuing education course.

The course must include:

(1) at least four hours of instruction on one or more of the subjects listed in Subsection (b); and

(2) other information the director determines is appropriate.

(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.

(e) Only a qualified handgun instructor may administer the proficiency examination to modify a license. The proficiency examination must include a physical demonstration of the proficiency in the use of one or more handguns of specific categories and in handgun safety procedures.

(f) The department shall develop and distribute directions and materials for course instruction, test administration, and recordkeeping. All test results shall be sent to the department, and the department shall maintain a record of the results.

(g) A person who wishes to obtain or renew a license to carry a concealed handgun must apply in person to a qualified handgun instructor to take the appropriate course in handgun proficiency, demonstrate handgun proficiency, and obtain a handgun proficiency certificate as described by Section 411.189.

(h) A license holder who wishes to modify a license to allow the license holder to carry a handgun of a different category than the license indicates must apply in person to a qualified handgun instructor to demonstrate the required knowledge and proficiency to obtain a handgun proficiency certificate in that category as described by Section 411.189.

(i) A certified firearms instructor of the department may monitor any class or training presented by a qualified handgun instructor. A qualified handgun instructor shall cooperate with the department in the department's efforts to monitor the presentation of training by the qualified handgun instructor. A qualified handgun instructor shall make available for inspection to the department any and all records maintained by a qualified handgun instructor under this subchapter. The qualified handgun instructor shall keep a record of all certificates of handgun proficiency issued by the qualified handgun instructor and other information required by department rule.

GC §411.189.

HANDGUN PROFICIENCY CERTIFICATE.

(a) The department shall develop a sequentially numbered handgun proficiency certificate and distribute the certificate to qualified handgun instructors who administer the handgun proficiency examination described in Section 411.188. The department by rule may set a fee not to exceed $5 to cover the cost of the certificates.

(b) If a person successfully completes the proficiency requirements as described in Section 411.188, the instructor shall endorse a certificate of handgun proficiency provided by the department. An applicant must successfully complete both classroom and range instruction to receive a certificate. The certificate must indicate the category of any handgun for which the applicant demonstrated proficiency during the examination.

(c) A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license, renewal, or modification of a license, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of facts that lead the instructor to believe that an applicant is not qualified for handgun proficiency certification.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 17*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

P(c) A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license, renewal, or modification of a license, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of facts that lead the instructor to believe that an applicant is not qualified for handgun proficiency certification. 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 6(b) of this article is extended one day for each day a determination is pending under this subsection.

GC §411.190.

QUALIFIED HANDGUN INSTRUCTORS.

(a) The director may certify as a qualified handgun instructor a person who:

(1) is certified by the Commission on Law Enforcement Officer Standards and Education or the Texas Board of Private Investigators and Private Security Agencies to instruct others in the use of handguns;

(2) regularly instructs others in the use of handguns and has graduated from a handgun instructor school that uses a nationally accepted course designed to train persons as handgun instructors; or (3) is certified by the National Rifle Association of America as a handgun instructor.

(b) In addition to the qualifications described by Subsection (a), a qualified handgun instructor must be qualified to instruct persons in:

(1) the laws that relate to weapons and to the use of deadly force;

(2) handgun use, proficiency, and safety;

(3) nonviolent dispute resolution; and

(4) proper storage practices for handguns, including storage practices that eliminate the possibility of accidental injury to a child.

(c) The department shall provide training to an individual who applies for certification as a qualified handgun instructor. An applicant shall pay a fee of $100 to the department for the training. An applicant must take and successfully complete the training offered by the department and pay the training fee before the department may certify the applicant as a qualified handgun instructor. The department shall waive the requirements regarding a handgun proficiency certification under Section 411.189 for an applicant for a license to carry a concealed handgun who takes and successfully completes training under this subsection and pays the training fee. The department by rule may prorate or waive the training fee for an employee of another governmental entity.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 18*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(c) The department shall provide training to an individual who applies for certification as a qualified handgun instructor. An applicant shall pay a fee of $100 to the department for the training. An applicant must take and successfully complete the training offered by the department and pay the training fee before the department may certify the applicant as a qualified handgun instructor. The department shall issue [waive the requirements regarding a handgun proficiency certification under Section 17 of this article for an applicant for] a license to carry a concealed handgun under the authority of this article to any person who is certified as a qualified handgun instructor and who pays to the department a fee of $100 in addition to [takes and successfully completes training under this subsection and pays] the training fee. The department by rule may prorate or waive the training fee for an employee of another governmental entity.

(d) The certification of a qualified handgun instructor expires on the second anniversary after the date of certification. To renew a certification, the qualified handgun instructor must pay a fee of $100 and take and successfully complete the retraining courses required by department rule.

(e) After certification, a qualified handgun instructor may conduct training for applicants for a license under this subchapter.

(f) If the department determines that a reason exists to revoke, suspend, or deny a license to carry a concealed handgun with respect to a person who is a qualified handgun instructor or an applicant for certification as a qualified handgun instructor, the department shall take that action against the person's certification as a qualified handgun instructor regardless of whether the person has a license issued under this subchapter to carry a concealed handgun.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 18*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(f) If the department determines that a reason exists to revoke, suspend, or deny a license to carry a concealed handgun with respect to a person who is a qualified handgun instructor or an applicant for certification as a qualified handgun instructor, the department shall take that action against the person's license to carry a concealed handgun, if the person is an applicant for or the holder of such a license, and the person's certification as a qualified handgun instructor [regardless of whether the person has a license issued under this article to carry a concealed handgun].

GC §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, re vocation, 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.

GC §411.192.

CONFIDENTIALITY OF RECORDS.

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. The department shall, on written request and payment of a reasonable fee to cover costs of copying, disclose to any other individual whether a named individual or any individual whose full name is listed on a specified written list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, and zip code. Except as otherwise provided by this section and by Section 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, except that the applicant or license holder may be furnished a copy of disclosable records on request and the payment of a reasonable fee. The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the person or agency making the request. This section does not prohibit the department from making public and distributing to the public at no cost lists of individuals who are certified as qualified handgun instructors by the department.

GC §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, gend er, race, and zip code of the applicant or license holder.

GC §411.194.

REDUCTION OF FEES DUE TO INDIGENCY.

(a) 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.(b) The department shall require an applicant requesting a reduction of a fee to submit proof of indigency with the application materials.

(c) For purposes of this section, an applicant is indigent if the applicant's income is not more than 100 percent of the applicable income level established by the federal poverty guidelines.

GC §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, or modified license under this subchapter if the applicant for the license is 60 years of age or older.

GC §411.196.

METHOD OF PAYMENT.

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

GC §411.197.

RULES.

The director shall adopt rules to administer this subchapter.

GC §411.198.

LAW ENFORCEMENT OFFICER ALIAS HANDGUN LICENSE.

(a) On written approval of the director, the department may issue to a law enforcement officer an alias license to carry a concealed handgun to be used in supervised activities involving criminal investigations.

(b) It is a defense to prosecution under Section 46.035, Penal Code, that the actor, at the time of the commission of the offense, was the holder of an alias license issued under this section.

GC §411.199.

HONORABLY RETIRED PEACE OFFICERS.

(a) A person w ho is licensed as a peace officer under Chapter 415 and who has been employed full-time as a peace officer by a law enforcement agency may apply for a license under this subchapter on Retirement. The application must be made not later than the first anniversary after the date of retirement.

(b) The person shall submit two complete sets of legible and classifiable fingerprints and a sworn statement from the head of the law enforcement agency employing the applicant. The statement 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.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 28*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(b) The person shall submit two complete sets of legible and classifiable fingerprints and a sworn statement from the head of the law enforcement agency employing the applicant. No head of a law enforcement agency may refuse to issue a statement under this subsection. If the statement is alleged by the applicant to be untrue, the department shall investigate the validity of the statement. The statement shall include:

(1) the name and rank of the applicant;

(2) the status of the applicant before retirement;

(3) whether or not the applicant was accused of misconduct at the time of the retirement;

(4) the physical and mental condition of the applicant;

(5) the type of weapons the applicant had demonstrated proficiency with during

the last year of employment;

(6) whether the applicant would be eligible for reemployment with the agency, and if not, the reasons the applicant is not eligible; and

(7) a recommendation from the agency head regarding the issuance of a license under this article.

(c) The department may issue a license under this 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 employed as a full-time peace officer for not less than 10 years by one agency; and

(3) is entitled to receive a pension or annuity for service as a law enforcement officer.

(d) An applicant under this section must pay a fee of $25 for a license issued under this subchapter.

(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 415.035. The department or a local law enforcement agency shall allow a retired peace officer of the department or agency an opportunity to annually demonstrate the required proficiency. The proficiency shall be reported to the department on application and renewal.

(f) A license issued under this section expires as provided by Section 411.183.

(g) A retired criminal investigator of the United States who is designated as a "special agent" is eligible for a license under this section. An applicant described by this subsection may submit the application at any time after retirement. The applicant shall submit with the application proper proof of retired status by presenting the following documents prepared by the agency from which the applicant retired:

1. retirement credentials; and
2. a letter from the agency head stating the applicant retired in good standing.

[amendment to statute c odified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 28*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(g) A retired officer [criminal investigator] of the United States who was eligible to carry a firearm in the discharge of his official duties [is designated as a "special agent"] is eligible for a license under this section. An applicant described by this subsection may submit the application at any time after retirement. The applicant shall submit with the application proper proof of retired status by presenting the following documents prepared by the agency from which the applicant retired:

(1) retirement credentials; and

(2) a letter from the agency head stating the applicant retired in good standing.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee)*

*[as added by Acts 1997, 75th Leg., H.B.2909.]

Sec. 28A. ACTIVE PEACE OFFICERS.

(a) A person who is licensed as a peace officer under Chapter 415, Government Code, and is employed full-time as a peace officer by a law enforcement agency may apply for a license under this article. The person shall submit to the department two complete sets of legible and classifiable fingerprints and a sworn statement of the head of the law enforcement agency employing the applicant. No head of a law enforcement agency may refuse to issue a statement under this subsection. If the statement is alleged by the applicant to be untrue, the department shall investigate the validity of the statement. The statement must include:

(1) the name and rank of the applicant;

(2) whether the applicant has been accused of misconduct at any time during the applicant's period of employment with the agency and the disposition of that accusation;

3. a description of the physical and mental condition of the applicant;
4. a list of the types of weapons the applicant has demonstrated proficiency with during the preceding year; and

(5) a recommendatio n from the agency head that a license be issued to the person under this article.

(b) The department may issue a license under this article to an applicant under this section if the statement from the head of the law enforcement agency employing the applicant complies with Subsection (a) of this section and indicates that the applicant is qualified and physically and mentally fit to carry a handgun.

(c) An applicant under this section shall pay a fee of $25 for a license issued under this article.

(d) A license issued under this section expires as provided by Section 9 of this article.

GC §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 the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) from the duty to comply with that Act or Section 46.02, Penal Code.

GC §411.201.

ACTIVE AND RETIRED JUDICIAL OFFICERS.

(a) In this section:

(1) "Active judicial officer" means a person serving as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

(2) "Retired judicial officer" means:

(A) a special judge appointed under Section 26.023 or 26.024; or

(B) 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.

(b) 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.

(c) An active judicial officer is eligible for a license to carry a concealed handgun under the authority of this subchapter. A retired judicial officer is eligible for a license to carry a concealed 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;

(3) is not charged with the commission of a Class A or Class B misdemeanor or of a felony under an information or indictment;

(4) is not a chemically dependent person; and

(5) is not a person of unsound mind.

(d) An applicant for a license who is an active or retired judicial officer must submit to the department:

(1) a completed application on a form prescribed by the department;

(2) two recent color passport photographs of the applicant;

(3) a handgun proficiency certificate issued to the applicant as evidence that the applicant successfully completed the proficiency requirements of this subchapter;

(4) a nonrefundable application and license fee set by the department in an amount reasonably designed to cover the administrative costs associated with issuance of a license to carry a concealed handgun under this subchapter; and

(5) if the applicant is a retired judicial officer:

(A) two complete sets of legible and classifiable fingerprints of the applicant taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints; and

(B) a form executed by the applicant that authorizes the department to make an inquiry into any noncriminal history records that are necessary to determine the applicant's eligibility for a license under this subchapter.

(e) On receipt of all the application materials required by this section, the department shall:

(1) if the applicant is an active judicial officer, issue a license to carry a concealed handgun under the authority of this 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 i s eligible, issue a license to carry a concealed handgun under the authority of this subchapter.

(f) 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.

(g) A license issued under this section expires as provided by Section 411.183 and, except as otherwise provided by this subsection, may be renewed in accordance with Section 411.185 of this subchapter. An active judicial officer is not required to attend the classroom instruction part of the continuing education proficiency course to renew a license.

(h) The department shall issue a license to carry a concealed handgun under the authority of this 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.

GC §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.

GC §411.203.

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 conceal ed handgun on the premises of the business.

GC §411.204.

NOTICE REQUIRED ON CERTAIN PREMISES.

1. A business that has a permit or license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 31*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(a) A business that has a permit or license issued under Chapter 25, 28, 32, [or] 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) of this section.

(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c).

(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and be displayed in a conspicuous manner clearly visible to the public.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 31*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(c) The sign required under Subsections (a) and (b) of this section must give notice in both English and Spanish that it is unlaw ful for a person licensed under this article 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.

(d) 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 Section 61.11, Alcoholic Beverage Code.

(e) This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code.

GC §411.205.

DISPLAYING LICENSE; PENALTY.

(a) On a demand by a magistrate or a peace officer that a license holder display the license holder's handgun license, the license holder shall display both the license and the license holder's driver's license or identification certificate issued by the department.

(b) 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.

(c) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) or (b). An offense under this subsection is a Class B misdemeanor.

[amendment to statute codified by Acts 1997, 75th Leg., S.B. 898.]

VCS Art. 4413(29ee) Sec. 6*

*[as amended by Acts 1997, 75th Leg., H.B.2909.]

(g) [On a demand by a magistrate or a peace officer that a license holder display the license holder's handgun license, the license holder shall display both the license and the license holder's driver's license or ide ntification certificate issued by the department.

[(h)]If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 13 of this article.

(h) [(i)] A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (g) [or (h)] of this section after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.

GC §411.206.

SEIZURE OF HANDGUN AND LICENSE.

(a) 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.

(b) The provisions of Article 18.19, Code of Criminal Procedure, relating to the disposition of weapons seized in connection with criminal offenses, apply to a handgun seized under this subsection.

(c) Any judgment of conviction entered by any court for an offense under Section 46.035, Penal Code, 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).

GC §411.207.

AUTHORITY OF PEACE OFFICER TO DISARM.

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 hold er, 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.

GC §411.208.

LIMITATION OF LIABILITY.

1. A court may not hold the state, an agency or subdivision of the state, an officer or employee of the state, a peace officer, or a qualified handgun instructor liable for damages caused by:(1) an action authorized under this 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.

(b) A cause of action in damages may not be brought against the state, an agency or subdivision of the state, an officer or employee of the state, a peace officer, or a qualified handgun instructor for any damage caused by the actions of an applicant or license holder under this subchapter.

(c) The department is not responsible for any injury or damage inflicted on any person by an applicant or license holder arising or alleged to have arisen from an action taken by the department under this subchapter.

(d) The immunities granted under Subsections (a), (b), and (c) do not apply to an act or a failure to act by the state, an agency or subdivision of the state, an officer of the state, or a peace officer if the act or failure to act was capricious or arbitrary.

PENAL CODE

PC {xe "Trespass, Criminal"}§{xe "Entry, defined"}3{xe "Notice-"}{xe "Defined"}0{xe "Criminal trespass"}.0{xe "Criminal trespass"}{xe "Crops grown for human consumption"}5.

Criminal Trespass

(a) A person commits an offense if he enters or remains on property or in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:

1. 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

(3) "Shelter center" has the meaning assigned by Section 51.002(1), Human Resources Code.

(4) "Forest land" means land on which the trees are potentially valuable for timber products.

(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances.

(d) An offense under this section is a Cl ass B misdemeanor unless it is committed in a habitation or a shelter center or unless the actor carries a deadly weapon on or about his person during the commission of the offense, in which event it is a Class A misdemeanor.

(e) A person does not have or receive notice under Subsection (b)(2)(D) unless a sign is placed at each entrance for vehicles to the property that gives notice that the presence of purple paint marks on trees or posts on the property indicates that entry is forbidden. The sign required under this subsection must be not less than two feet by three feet in size with block letters at least two inches in height. This subsection expires September 1, 1998.

PC §30.06.

TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.

(a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Article 4413(29ee), Revised Statutes [see, now Subchapter H, Chapter 411, Government Code] , on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) 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.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Article 4413(29ee), Revised Statutes (concealed handgun law) [see, now Subchapter H, Chapter 411, Government Code], may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height;

and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

* * * * *

PC{xe "Custody-"}{xe "Defined"}{xe "Order of Court"} §3{xe "Escape"}{xe "Defined"}{xe "Fugitive from justice-"}{xe "Defined"}{xe "Governmental record-"}{xe "Defined"}8.01.

Definitions

In this chapter:

(1) "Custody" means:

(A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States;

or

(B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

(2) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

* * * * *

PC §42.01

Disorderly Conduct

(a) A person commits an offense if he intentionally or knowingly:

* * * * *

(9) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

(10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(11) discharges a firearm on or across a public road; or

* * * * *

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

* * * * *

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10), in which event it is a Class B misdemeanor.

PC Ch. 46. WEAPONS

P{xe "Dagger"}C{xe "Mace"}{xe "Club, defined"} {xe "Hoax bomb, defined"}§{xe "Firearm-"}{xe "Disorderly conduct with"}{xe "Chemical dispensing device-"}{xe "Defined"}4{xe "Bowie knife"}{xe "Explosive weapon"}{xe "Handgun, defined"}{xe "Short-barrel firearm"}{xe "Defined"}6{xe "Blackjack"}.{xe "Firearm silencer"}{xe "Defined"}0{xe "Spear, defined"}{xe "Machine gun"}{xe "Defined"}{xe "Armor-piercing

ammunition-"}{xe "Defined for handguns"}{xe "Illegal knife, fontdefined"}{xe "Knife-"}{xe "Defined"}{xe "Knuckles"}{xe "Nightstick"}{xe "Tomahawk"}{xe "Zipgun, prohibited weapon"}1.

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:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) 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 antique or curio firearms that were manufactured prior to 1899 and that may have, as an integral part, a folding knife blad e or other characteristics of weapons made illegal by this Chapter.

(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:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stiletto, and poniard;

(D) bowie knife;

(E) sword; or

(F) 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:

(A) opens automatically by pressure applied to a button or other device located on the handle; or

(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

(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:

(A) reasonably appears to be an explosive or incendiary device; or

(B) 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.

PC §46.02.

UNLAWFUL CARRYING WEAPONS.

1. A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

(b) Except as provided by Subsection (c) , an offense under this section is a Class A misdemeanor.

(c) 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.

PC §4{xe "Weapon-"}{xe "Place prohibited"}{xe "Weapon-"}{xe "Unlawful transfer"}6.03.

Places Weapons Prohibited

(a) 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 edu cational institution is public or private, unless pursuant to written regulations or written authorization 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) in 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; or

(5) in or into a secured area of an airport.

(b) 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.

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

(2) "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.

(d) 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 Board of Private Investigators and Private Security Agencies if:

(A) the actor is wearing a distinctive uniform; and

(B) the firearm or club is in plain view; or

(4)*

*(deleted by Acts 1995, 74th Leg., ch. 318.)

(5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).

(e) 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.

(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code .

(g) An offense under this section is a third degree felony.

(h) 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.

PC {xe "Weapon-"}{xe "Unlawful carrying"}{xe "License holder"}§4{xe "Handgun,"}{xe "Unlawful carrying"}6.035.

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 fails to conceal the handgun.

(b) 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, 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 home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship.

(c) 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, at any meeting of a governmental entity.

(d) 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.

(e) A license holder who is licensed as a security officer under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) 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.

(f) 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.

(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.

(g) An offense under Subsection (a), (b), (c), (d), or (e) 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.

(h) It is a defense to prosecution under Subsection (a) 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 deadly force under Chapter 9.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

PC §4{xe "Possession of firearm by felon, Unlawful"}6{xe "Felon,possession of firearm by"}.0{xe "Firearm-"}{xe "Possession by felon"}4.

Unlawful Possession of Firearm by Felon

(a) 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.

(b) An offense under this section is a felony of the third degree.


PC{xe "Switchblade knife"}{xe "Short-barrel firearm"} {xe "Firearm silencer"}§{xe "Knuckles"}4{xe "Explosive weapon"}6{xe "Chemical dispensing device-"}{xe "Prohibited"}.{xe "Zipgun, prohibited weapon"}0{xe "Armor-piercing ammunition-"}{xe "Prohibited"}{xe "Machine gun"}{xe "Weapon-"}{xe "Weapons prohibited"}5.

Prohibited Weapons

(a) A person commits an offense if he intentionally or kn owingly possesses, manufactures, transports, repairs, or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) a switchblade knife;

(6) knuckles;

(7) armor-piercing ammunition;

(8) a chemical dispensing device; or

(9) a zip gun.

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.

(c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or

(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).

(e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor.

PC §{xe "Intoxication-"}{xe "Defined"}{xe "Transfer of weapons"}46{xe "Firearm-"}{xe "Sale or transfer"}.0{xe "Child-"}{xe "Weapon, unauthorized transfer to"}6.

Unlawful Transfer of Certain Weapons

(a) 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:

(A) the person's release from confinement following conviction of the felony; or

(B) 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.

(b) 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 Chapter 71, 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.

(c) 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.

(d) 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.

PC §4{xe "Interstate purchase, firearm"}6.{xe "Firearm-"}{xe "Interstate purchase of"}07.

Interstate Purchase

A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in contiguous states. This authorization is enacted in conformance with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.

PC §46.{xe "Hoax bomb, defined"}{xe "FontOffense"}08.

Hoax Bombs

(a) 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.

(b) An offense under this section is a Class A misdemeanor.

PC §46.09.

Components of Explosives

(a) 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.

3. An offense under this section is a felony of the third degree.

PC §4{xe "Weapon-"}{xe "Deadly weapon in penal institution"}6.{xe "Penal institution-"}{xe "Deadly weapon, possession in"}10.

Deadly Weapon in Penal Institution

(a) 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.

(b) 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.

(c) A person who is subject to prosecution under both this section and another section under this Chapter may be prosecuted under either section.

(d) An offense under this section is a felony of the third degree.

PC §46.11.

PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.

(a) 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:

(A) an official school function is taking place; or

(B) an event sponsored or sanctioned by the University Interscholastic League is taking place.

(b) This section does not apply to an offense under Section 46.03(a)(1).

(c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code.

PC §46.12.

MAPS AS EVIDENCE OF LOCATION OR AREA.

(a) 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.

(b) 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).

(c) 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.

(d) 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 Criminal Evidence.

P{xe "Child-"}{xe "Firearm, accessibility to"}C {xe "Firearm-"}{xe "Accessible to a child"}§{xe "Child-"}{xe "Firearm"}{xe "Accessible to"}46.{xe "Firearm-"}{xe "Child, accessible to"}13.

MAKING A FIREARM ACCESSIBLE TO A CHILD.

(a) 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

(b) 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.

(c) 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.

(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(e) 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.

(f) 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 defi ned by Section 71.01, 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.

(g) 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."

P{xe "Child-"}{xe "Firearm, accessibility to"}C {xe "Firearm-"}{xe "Accessible to a child"}§{xe "Child-"}{xe "Firearm"}{xe "Accessible to"}46.{xe "Firearm-"}{xe "Child, accessible to"}14.

[Blank.]

PC §46.15.

NONAPPLICABILITY.

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer'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:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) 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:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section 76.0051, Government Code; or

(4) 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 con stitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Article 4413(29ee), Revised Statutes.

(b) Section 46.02 does not apply to a person who:

[inconsistent amendments to the same provision.]

(1)*

*[as added by Acts 1997, 75th Leg., H.B.2909, last legis. act: 06-01-97 (and therefore, probably effective.] 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;

(1)*

*[as added by Acts 1997, 75th Leg., H.B.311, last legis. act: 05-31-97 (and therefore, probably NOT effective.] 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 an employee of a penal institution who is performing a security function;

(2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);

(3) is traveling;

[inconsistent amendments to the same provision.]

(4)*

*[as added by Acts 1997, 75th Leg., H.B.2909, last legis. act:06-01-97 (and therefore, probably effective.] is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;

(4)*

*[as added by Acts 1997, 75th Leg., H.B.311, last legis. act:05-31-97 (and therefore, probably NOT effective.] 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, if the weapon is a type commonly used in the activity;

(5) holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:

(A) the person is engaged in the performance of the person's duties as a security officer or traveling to and from the person's place of assignment;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;

(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

(7) holds a security officer commission and a personal protection authorization issued by the Texas Board of Private Investigators and Private Security Agencies and who is providing personal protection under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes); or

(8) 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.

(c) 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.

(d) 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 431.029, Government Code, in performance of o fficial duties or while traveling to or from a place of duty.

EDUCATION CODE

EDC §37.125

Exhibition of Firearms

(a) A person commits an offense if the person, by exhibiting, using, or threatening to exhibit or use a firearm, interferes with the normal use of a building or portion of a campus or of a school bus being used to transport children to or from school-sponsored activities of a private or public school.

(b) An offense under this section is a third degree felony.family code

FC §58.003.

Sealing of Records

* * * * *

[inconsistent amendments to the same provisions]

(m) *

*[as added by Acts 1997, 75th Leg., SB 898.]

On request of the Department of Public Safety, a juvenile court shall reopen and allow the department to inspect the files and records of the juvenile court relating to an applicant for a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

(m) *

*[as added by Acts 1997, 75th Leg., HB 1550.]

A record created or maintained under Article 6252-13c.1, Revised Statutes, may not be sealed under this section if the person who is the subject of the record has a continuing obligation to register under that article.

government code

GC §76.0051

AUTHORIZATION TO CARRY WEAPON.

An officer is authorized to carry a weapon while engaged in the actual discharge of the officer's duties only if:

(1) the officer possesses a certificate of firearms proficiency issued by the Commission on Law Enforcement Officer Standards and Education under Section 415.038; and

(2) the director of the department and the judges participating in the management of the department agree to the authorization.

GC §411.047.

REPORTING RELATED TO CONCEALED HANDGUN INCIDENTS.

(a) The department shall maintain statistics related to responses by law enforcement agencies to incidents in which a person licensed to carry a handgun under Subchapter H, is arrested for an offense under Section 46.03 5, Penal Code, or discharges a handgun.

(b) The department by rule shall adopt procedures for local law enforcement to make reports to the department described by Subsection (a).

LOCAL GOVERNMENT CODE

LGC §215.001

Firearms; Explosives

(a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

(b) Subsection (a) does not affect the authority a municipality has under another law to:

(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;

(2) regulate the discharge of firearms within the limits of the municipality;

(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 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; or

(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:

(A) public park;

(B) public meeting of a municipality, county, or other governmental body;

(C) political rally, parade, or official political meeting; or

(D) nonfirearms-related school, college, or professional athletic event.

(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is car ried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.

LGC §250.001.

Restriction on Regulation of Sport Shooting Ranges

(a) In this section, "sport shooting range" means a business establishment that is in existence on or before the effective date of this Act and operating an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting.

* * * * *

SELECTED DEADLY FORCE STATUTES

PENAL CODE

PC{xe "Justification"} {xe "Law enforcement justification"}Ch. 9. JUSTIFICATION EXCLUDING

CRIMINAL RESPONSIBILITY

Subch. A GENERAL PROVISIONS

P{xe "Escape"}{xe "Defined"}C {xe "Deadly force"}{xe "Defined"}§9{xe "Custody-"}{xe "Defined"}.0{xe "Arrest and search, justification"}1.

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.

PC §9.02.

Justification as a Defense

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

PC §9.0{xe "Justification"}{xe "confinement as"}3.

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.

PC{xe "Justification"}{xe "Threats as"} §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 acto r's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

PC {xe "Third person, reckless injury of"}§9{xe "Reckless injury of innocent third person"}.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.

PC §9.0{xe "Civil remedies, unaffected"}6.

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.

[Sections 9.07 to 9.20 reserved for expansion.]

Subch. B. JUSTIFICATION GENERALLY

P{xe "Public duty, justification"}C {xe "Justification"}{xe "Public duty"}§9{xe "Deadly force"}.{xe "Justification"}{xe "Deadly force"}21.

Public Duty

(a) 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.

(b) 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).

(c) 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.

(d) 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.

PC §{xe "Necessity, justification"}9.2{xe "Justification"}{xe "Necessity"}2.

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.

[Sections 9.23 to 9.30 reserved for expansion.]

Subch. C. PROTECTION OF PERSONS

PC {xe "Justification"}{xe "Self-defense"}§{xe "Self-defense, font>justification"}9.3{xe "Arrest and search, justification"}{xe

"Force to resist"}1.

Self-Defense

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.

(b) 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:

(A) 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

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

1. 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:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

(c) 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.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

PC §9.3{xe "Deadly force"}{xe "Defense of self"}2.

DEADLY FORCE IN DEFENSE OF PERSON.

(a) A person is justified in using deadly force against another:

(1) if he would be justified in using force against the other under Section 9.31;

(2) if a reasonable person in the actor's situation would not have retreated; and

(3) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to protect himself against the other's use or attempted use of unlawful deadly force; or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor.

PC §{xe "Third person, defense of"}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.

PC {xe "Protection of life or health"}§9.{xe "Justification"}{xe "Protection of life and health"}34.

Protection of Life or Health

(a) 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.

(b) 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.

[Sections 9.35 to 9.40 reserved for expansion.]

Subch. D. PROTECTION OF PROPERTY

P{xe "Protection of property, generally"}C §9{xe "Justification"}{xe "Protection of own property"}.{xe "Property-"}{xe "Protection of own"}41.

Protection of One's Own Property

(a) 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.

(b) 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.

PC {xe "Property-"}{xe "Deadly force to protect"}§9{xe "Deadly force"}{xe "Protection of property"}.4{xe "Justification"}{xe "Deadly force to protect property"}2.

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 underSection 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

(B) 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:

(A) the land or property cannot be protected or recovered by any other means; or

(B) 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.

PC §{xe "Justification"}{xe "Protection of third person' s property"}9.{xe "Property-"}{xe "Protection of third person' s"}43{xe "Third person' s property, protection of"}.

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:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) 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.

PC §{xe "Property-"}{xe "Device used to protect"}9.{xe "Device to protect property"}4{xe "Justification "}{xe "Device to protect property"}4.

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.

[Sections 9.45 to 9.50 reserved for expansion.]

Subch. E. LAW ENFORCEMENT

P{xe "Deadly force"}{xe "Use by third person"}C{xe "Deadly force"}{xe "Arrest and search"} {xe "Justification"}{xe "Arrest and search, law enforcement"}§{xe "Arrest and search, justification"}{xe "Peace officer"}9{xe "Arrest and search, justification"}{xe "FontDeadly force by peace officer"}.{xe "Force-"}{xe "Arrest, use of force"}5{xe "Arrest-"}{xe "Habeas Corpus"}{xe "Peace officer-"}{xe "Arrest and search, justification"}1.

Arrest and Search

(a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and

(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.

(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.

(c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and:

(1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.

(d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and:

(1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.

(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).

(f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.

(g) Deadly force may only be used under the circumstances enumerated in

Subsections (c) and (d).

P{xe "<"$nopage">Principal and accessory (See, \"Accomplice and accessory\")"}C{xe "Prevention of escape, use of force"} §{xe "Escape"}{xe "Deadly force to prevent"}9.{xe "Deadly force"}{xe "Escape"}52.

Prevention of Escape From Custody

The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

PC §{xe "<"$nopage">Penalty (See, \"Fine and penalty\")"}9.{xe "Penal institution-"}{xe "Maintaining security in"}5{xe "Prison and prisoner-"}{xe "Maintaining security"}3.

Maintaining Security in Correctional Facilit y

An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.

[Sections 9.54 to 9.60 reserved for expansion.]

Subch. F. SPECIAL RELATIONSHIPS

P{xe "Step-parent, use of force"}C {xe "Parent-child, use of force, justification"}§9{xe "In loco parentis, defined"}.{xe "Justification"}{xe "Parent-child"}61Parent--Child

(a) The use of force, but not deadly force, against a child younger than 18 years is justified:

(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and

(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.

(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

PC §9.{xe "Educator-student, force justification"}62.

Educator--Student

The use of force, but not deadly force, against a person is justified:

(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and

(2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.

PC §9.6{xe "Guardian-incompetent, force justification"}3.

Guardian--Incompetent

The use of force, but not deadly force, against a mental incompetent is justified:

(1) if the actor is the incompetent's guardian or someone similarly responsible for the general car e and supervision of the incompetent; and

(2) when and to the degree the actor reasonably believes the force is necessary:

(A) to safeguard and promote the incompetent's welfare; or

(B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution.