By: Stickland	H.B. No. 296

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of a firearm by a person who is not
	otherwise prohibited from possessing the firearm and to criminal
	offenses otherwise related to the carrying of a firearm; creating
	criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Texas
	Constitutional Carry Act of 2017.
	SECTION 2.  Section 46.02, Penal Code, as effective
	September 1, 2017, is amended by amending Subsections (a) and (d)
	and adding Subsections (a-5) and (a-6) to read as follows:
	(a)  A person commits an offense if the person:
	(1)  intentionally, knowingly, or recklessly carries
	on or about his or her person a [handgun or] club; and
	(2)  is not:
	(A)  on the person's own premises or premises
	under the person's control; or
	(B)  inside of or directly en route to a motor
	vehicle or watercraft that is owned by the person or under the
	person's control.
	(a-5)  A person commits an offense if the person:
	(1)  intentionally, knowingly, or recklessly carries
	on or about his or her person a handgun;
	(2)  is younger than 21 years of age at the time of the
	offense; and
	(3)  is not:
	(A)  on the person's own premises or premises
	under the person's control; or
	(B)  inside of or directly en route to a motor
	vehicle or watercraft that is owned by the person or under the
	person's control.
	(a-6)  It is an exception to the application of Subsection
	(a-5) that the actor holds a license issued under Subchapter H,
	Chapter 411, Government Code.
	(d)  An offense under Subsection (a-4) or (a-5) is a Class C
	misdemeanor.
	SECTION 3.  Sections 46.03(e-1) and (e-2), Penal Code, are
	amended to read as follows:
	(e-1)  It is a defense to prosecution under Subsection (a)(5)
	that the actor:
	(1)  possessed, at the screening checkpoint for the
	secured area, a [concealed] handgun that the actor was not
	prohibited from possessing [licensed to carry under Subchapter H,
	Chapter 411, Government Code]; and
	(2)  exited the screening checkpoint for the secured
	area immediately on [upon] completion of the required screening
	processes and notification that the actor possessed the handgun.
	(e-2)  A peace officer investigating conduct that may
	constitute an offense under Subsection (a)(5) and that consists
	only of an actor's possession of a [concealed] handgun that the
	actor is not prohibited from possessing [licensed to carry under
	Subchapter H, Chapter 411, Government Code,] may not arrest the
	actor for the offense unless:
	(1)  the officer advises the actor of the defense
	available under Subsection (e-1) and gives the actor an opportunity
	to exit the screening checkpoint for the secured area; and
	(2)  the actor does not immediately exit the checkpoint
	on [upon] completion of the required screening processes.
	SECTION 4.  Section 46.03(f), Penal Code, as effective
	September 1, 2017, is amended to read as follows:
	(f)  Except as provided by Subsection (e-1), it is not a
	defense to prosecution under this section that the actor possessed
	a handgun and was:
	(1)  licensed to carry a handgun under Subchapter H,
	Chapter 411, Government Code; or
	(2)  not otherwise prohibited from possessing a
	firearm.
	SECTION 5.  Chapter 46, Penal Code, is amended by adding
	Section 46.032 to read as follows:
	Sec. 46.032.  CARRYING OF HANDGUN.  Except as otherwise
	provided by this chapter or other law, a person 21 years of age or
	older who is not prohibited from possessing a firearm under Section
	46.04 or other law is not prohibited from carrying:
	(1)  a concealed handgun; or
	(2)  a partially or wholly visible handgun in a
	holster.
	SECTION 6.  The heading to Section 46.035, Penal Code, is
	amended to read as follows:
	Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
	HOLDER].
	SECTION 7.  Section 46.035, Penal Code, is amended by
	amending Subsections (a), (c), and (d) and adding Subsection (d-1)
	to read as follows:
	(a)  A person [license holder] commits an offense if the
	person [license holder] carries a handgun [on or about the license
	holder's person under the authority of Subchapter H, Chapter 411,
	Government Code,] and intentionally displays the handgun in plain
	view of another person in a public place. It is an exception to the
	application of this subsection that the handgun was partially or
	wholly visible but was carried in a [shoulder or belt] holster [by
	the license holder].
	(c)  A person [license holder] commits an offense if the
	person [license holder] intentionally, knowingly, or recklessly
	carries a handgun [under the authority of Subchapter H, Chapter
	411, Government Code], regardless of whether the handgun is
	concealed or carried in a [shoulder or belt] holster, in the room or
	rooms where a meeting of a governmental entity is held and if the
	meeting is an open meeting subject to Chapter 551, Government Code,
	and the entity provided notice as required by that chapter.
	(d)  A person [license holder] commits an offense if the
	person[, while intoxicated, the license holder] carries a handgun
	while the person is intoxicated [under the authority of Subchapter
	H, Chapter 411, Government Code], regardless of whether the handgun
	is concealed or carried in a [shoulder or belt] holster.
	(d-1)  A person commits an offense if the person
	intentionally, knowingly, or recklessly carries a handgun when the
	person is:
	(1)  engaged in criminal activity, other than a Class C
	misdemeanor that is a violation of a law or ordinance regulating
	traffic or boating; or
	(2)  prohibited by law from possessing a firearm.
	SECTION 8.  Section 46.035(b), Penal Code, as effective
	September 1, 2017, is amended to read as follows:
	(b)  A person [license holder] commits an offense if the
	person [license holder] intentionally, knowingly, or recklessly
	carries a handgun [under the authority of Subchapter H, Chapter
	411, Government Code], regardless of whether the handgun is
	concealed or carried in a [shoulder or belt] holster[, on or about
	the license holder's person]:
	(1)  on the premises of a business that has a permit or
	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
	Beverage Code, if the business derives 51 percent or more of its
	income from the sale or service of alcoholic beverages for
	on-premises consumption, as determined by the Texas Alcoholic
	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
	(2)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the person [license holder] is a participant in the
	event and a handgun is used in the event;
	(3)  on the premises of a correctional facility;
	(4)  on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	facility licensed under Chapter 242, Health and Safety Code, unless
	the person [license holder] has written authorization of the
	hospital or nursing facility administration, as appropriate;
	(5)  in an amusement park;
	(6)  on the premises of a church, synagogue, or other
	established place of religious worship; or
	(7)  on the premises of a civil commitment facility.
	SECTION 9.  Section 46.035(f), Penal Code, is amended by
	adding Subdivision (1-b) to read as follows:
	(1-b)  "Intoxicated" has the meaning assigned by
	Section 49.01.
	SECTION 10.  Section 46.035(h-1), Penal Code, as added by
	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(h-1)  It is a defense to prosecution under Subsections (b)
	and (c) that the actor, at the time of the commission of the
	offense, was:
	(1)  an active judicial officer, as defined by Section
	411.201, Government Code; [or]
	(2)  a bailiff designated by the active judicial
	officer and engaged in escorting the officer;
	(3)  a judge or justice of a federal court; or
	(4)  the attorney general or a United States attorney,
	assistant United States attorney, assistant attorney general,
	district attorney, assistant district attorney, criminal district
	attorney, assistant criminal district attorney, county attorney,
	or assistant county attorney.
	SECTION 11.  Section 46.15(a), Penal Code, as effective
	September 1, 2017, is amended to read as follows:
	(a)  Sections 46.02, [and] 46.03, and 46.035(b) and (c) do
	not apply to:
	(1)  peace officers or special investigators under
	Article 2.122, Code of Criminal Procedure, and none of those
	sections prohibit [neither section prohibits] a peace officer or
	special investigator from carrying a weapon in this state,
	including in an establishment in this state serving the public,
	regardless of whether the peace officer or special investigator is
	engaged in the actual discharge of the officer's or investigator's
	duties while carrying the weapon;
	(2)  parole officers and none of those sections
	prohibit [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 none of those sections prohibit [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;
	(4)  an active judicial officer as defined by Section
	411.201, Government Code, who is licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code;
	(5)  an honorably retired peace officer, qualified
	retired law enforcement officer, federal criminal investigator, or
	former reserve law enforcement officer who holds a certificate of
	proficiency issued under Section 1701.357, Occupations Code, and is
	carrying a photo identification that is issued by a federal, state,
	or local law enforcement agency, as applicable, and that verifies
	that the officer is:
	(A)  an honorably retired peace officer;
	(B)  a qualified retired law enforcement officer;
	(C)  a federal criminal investigator; or
	(D)  a former reserve law enforcement officer who
	has served in that capacity not less than a total of 15 years with
	one or more state or local law enforcement agencies;
	(6)  the attorney general or a United States attorney,
	district attorney, criminal district attorney, county attorney, or
	municipal attorney who is licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code;
	(7)  an assistant United States attorney, assistant
	attorney general, assistant district attorney, assistant criminal
	district attorney, or assistant county attorney who is licensed to
	carry a handgun under Subchapter H, Chapter 411, Government Code;
	(8)  a bailiff designated by an active judicial officer
	as defined by Section 411.201, Government Code, who is:
	(A)  licensed to carry a handgun under Subchapter
	H, Chapter 411, Government Code; and
	(B)  engaged in escorting the judicial officer;
	(9)  a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code; or
	(10)  a person who is volunteer emergency services
	personnel if the person is:
	(A)  carrying a handgun under the authority of
	Subchapter H, Chapter 411, Government Code; and
	(B)  engaged in providing emergency services.
	SECTION 12.  Section 46.15(b), Penal Code, is amended to
	read as follows:
	(b)  Section 46.02 does not apply to a person who:
	(1)  is in the actual discharge of official duties as a
	member of the armed forces or state military forces as defined by
	Section 437.001, Government Code, or as a guard employed by a penal
	institution;
	(2)  is traveling;
	(3)  is engaging in lawful hunting, fishing, or other
	sporting activity on the immediate premises where the activity is
	conducted, or is en route between the premises and the actor's
	residence, motor vehicle, or watercraft, if the weapon is a type
	commonly used in the activity;
	(4)  holds a security officer commission issued by the
	Texas Private Security Board, if the person is engaged in the
	performance of the person's duties as an officer commissioned under
	Chapter 1702, Occupations Code, or is traveling to or from the
	person's place of assignment and is wearing the officer's uniform
	and carrying the officer's weapon in plain view;
	(5)  acts as a personal protection officer and carries
	the person's security officer commission and personal protection
	officer authorization, if the person:
	(A)  is engaged in the performance of the person's
	duties as a personal protection officer under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment; and
	(B)  is either:
	(i)  wearing the uniform of a security
	officer, including any uniform or apparel described by Section
	1702.323(d), Occupations Code, and carrying the officer's weapon in
	plain view; or
	(ii)  not wearing the uniform of a security
	officer and carrying the officer's weapon in a concealed manner;
	(6)  [is carrying:
	[(A)     a license issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	[(B)  a handgun:
	[(i)  in a concealed manner; or
	[(ii)  in a shoulder or belt holster;
	[(7)]  holds an alcoholic beverage permit or license or
	is an employee of a holder of an alcoholic beverage permit or
	license if the person is supervising the operation of the permitted
	or licensed premises; or
	(7) [(8)]  is a student in a law enforcement class
	engaging in an activity required as part of the class, if the weapon
	is a type commonly used in the activity and the person is:
	(A)  on the immediate premises where the activity
	is conducted; or
	(B)  en route between those premises and the
	person's residence and is carrying the weapon unloaded.
	SECTION 13.  Chapter 507, Business & Commerce Code, as
	effective September 1, 2017, is amended to read as follows:
	CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
	VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
	Sec. 507.001.  [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
	AS VALID PROOF OF IDENTIFICATION.  (a)  A person may not deny the
	holder of a [concealed] handgun license issued under Subchapter H,
	Chapter 411, Government Code, access to goods, services, or
	facilities, except as provided by Section 521.460, Transportation
	Code, or in regard to the operation of a motor vehicle, because the
	holder has or presents a [concealed] handgun license rather than a
	driver's license or other acceptable form of personal
	identification.
	(b)  This section does not affect[:
	[(1)     the requirement under Section 411.205,
	Government Code, that a person subject to that section present a
	driver's license or identification certificate in addition to a
	concealed handgun license; or
	[(2)]  the types of identification required under
	federal law to access airport premises or pass through airport
	security.
	SECTION 14.  Section 51.220(g), Education Code, is amended
	to read as follows:
	(g)  A public junior college employee's status as a school
	marshal becomes inactive on:
	(1)  expiration of the employee's school marshal
	license under Section 1701.260, Occupations Code;
	(2)  suspension or revocation of the employee's license
	to carry a [concealed] handgun issued under Subchapter H, Chapter
	411, Government Code;
	(3)  termination of the employee's employment with the
	public junior college; or
	(4)  notice from the governing board of the public
	junior college that the employee's services as school marshal are
	no longer required.
	SECTION 15.  Section 231.302(c-1), Family Code, is amended
	to read as follows:
	(c-1)  For purposes of issuing a license to carry a
	[concealed] handgun under Subchapter H, Chapter 411, Government
	Code, the Department of Public Safety is not required to request,
	and an applicant is not required to provide, the applicant's social
	security number.
	SECTION 16.  The heading to Subchapter H, Chapter 411,
	Government Code, is amended to read as follows:
	SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
	RELATING TO CARRYING OF FIREARMS
	SECTION 17.  Sections 411.1741(a) and (b), Government Code,
	are amended to read as follows:
	(a)  When a person applies for an original or renewal license
	to carry a [concealed] handgun under this subchapter, the person
	may make a voluntary contribution in any amount to the fund for
	veterans' assistance established by Section 434.017.
	(b)  The department shall:
	(1)  include space on the first page of each
	application for an original or renewal license to carry a
	[concealed] handgun that allows a person applying for an original
	or renewal license to carry a [concealed] handgun to indicate the
	amount that the person is voluntarily contributing to the fund; and
	(2)  provide an opportunity for the person to
	contribute to the fund during the application process for an
	original or renewal license to carry a [concealed] handgun on the
	department's Internet website.
	SECTION 18.  Section 411.190(c), Government Code, as
	effective September 1, 2017, is amended to read as follows:
	(c)  In the manner applicable to a person who applies for a
	license to carry a handgun, the department shall conduct a
	background check of a person who applies for certification as a
	qualified handgun instructor or approved online course provider. If
	the background check indicates that the applicant for certification
	would not qualify to receive a handgun license, the department may
	not certify the applicant as a qualified handgun instructor or
	approved online course provider. If the background check indicates
	that the applicant for certification would qualify to receive a
	handgun license, the department shall provide handgun instructor or
	online course provider training to the applicant. The applicant
	shall pay a fee of $100 to the department for the training. The
	applicant must take and successfully complete the training offered
	by the department and pay the training fee before the department may
	certify the applicant as a qualified handgun instructor or approved
	online course provider. The department shall issue a license to
	carry a handgun under [the authority of] this subchapter to any
	person who is certified as a qualified handgun instructor or
	approved online course provider and who pays to the department a fee
	of $40 in addition to the training fee. The department by rule may
	prorate or waive the training fee for an employee of another
	governmental entity.
	SECTION 19.  Sections 411.201(c) and (e), Government Code,
	are amended to read as follows:
	(c)  An active judicial officer is eligible for a license to
	carry a handgun under [the authority of] this subchapter.  A retired
	judicial officer is eligible for a license to carry a handgun under
	[the authority of] this subchapter if the officer:
	(1)  has not been convicted of a felony;
	(2)  has not, in the five years preceding the date of
	application, been convicted of a Class A or Class B misdemeanor or
	equivalent offense;
	(3)  is not charged with the commission of a Class A or
	Class B misdemeanor or equivalent offense or of a felony under an
	information or indictment;
	(4)  is not a chemically dependent person; and
	(5)  is not a person of unsound mind.
	(e)  On receipt of all the application materials required by
	this section, the department shall:
	(1)  if the applicant is an active judicial officer,
	issue a license to carry a handgun under [the authority of] this
	subchapter; or
	(2)  if the applicant is a retired judicial officer,
	conduct an appropriate background investigation to determine the
	applicant's eligibility for the license and, if the applicant is
	eligible, issue a license to carry a handgun under [the authority
	of] this subchapter.
	SECTION 20.  Section 411.201(h), Government Code, as
	effective September 1, 2017, is amended to read as follows:
	(h)  The department shall issue a license to carry a handgun
	under [the authority of] this subchapter to a United States
	attorney or an assistant United States attorney, or to an attorney
	elected or employed to represent 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 a United
	States attorney or an assistant United States attorney or who is an
	attorney elected or employed to represent the state in the
	prosecution of felony cases.
	SECTION 21.  Section 411.203, Government Code, is amended to
	read as follows:
	Sec. 411.203.  RIGHTS OF EMPLOYERS. (a)  This subchapter
	does not prevent or otherwise limit the right of a public or private
	employer to prohibit persons who are licensed under this subchapter
	or not otherwise prohibited from possessing a firearm from carrying
	a handgun or other firearm on the premises of the business.
	(b)  In this section, "premises" has the meaning assigned by
	Section 46.035(f) [46.035(f)(3)], Penal Code.
	SECTION 22.  Section 411.204(c), Government Code, is amended
	to read as follows:
	(c)  The sign required under Subsections (a) and (b) must
	give notice in both English and Spanish that it is unlawful for a
	person, regardless of whether the person is licensed under this
	subchapter, to carry a handgun on the premises. The sign must appear
	in contrasting colors with block letters at least one inch in height
	and must include on its face the number "51" printed in solid red at
	least five inches in height.  The sign shall be displayed in a
	conspicuous manner clearly visible to the public.
	SECTION 23.  The heading to Section 411.206, Government
	Code, is amended to read as follows:
	Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.
	SECTION 24.  Sections 411.206(a) and (c), Government Code,
	are amended to read as follows:
	(a)  If a peace officer arrests and takes into custody a
	person [license holder] who is carrying a handgun [under the
	authority of this subchapter], the officer shall seize the person's
	[license holder's] handgun.  The peace officer also shall seize the
	person's handgun [and] license as evidence if the person holds a
	handgun license under this subchapter and is carrying the license
	at the time of the arrest.
	(c)  Any judgment of conviction entered by any court for an
	offense under Section 46.035, Penal Code, must contain the handgun
	license number of the convicted person, if the person is a handgun
	license holder.  A certified copy of the judgment is conclusive and
	sufficient evidence to justify revocation of a license under
	Section 411.186(a)(4).
	SECTION 25.  Section 411.207, Government Code, is amended by
	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
	to read as follows:
	(a)  A peace officer who is acting in the lawful discharge of
	the officer's official duties may disarm a person, including a
	license holder, who is carrying a handgun at any time the officer
	reasonably believes it is necessary for the protection of the
	person [license holder], officer, or another individual. The peace
	officer shall return the handgun to the person [license holder]
	before discharging the person [license holder] from the scene if
	the officer determines that the person:
	(1)  [license holder] is not a threat to the officer,
	person [license holder], or another individual;
	(2)  [and if the license holder] has not violated any
	provision of this subchapter or committed any other violation that
	results in the arrest of the person; and
	(3)  is not prohibited from possessing a firearm
	[license holder].
	(a-1)  A peace officer may not disarm or detain a person
	under Subsection (a) solely because the person is carrying a
	handgun.
	(b)  A peace officer who is acting in the lawful discharge of
	the officer's official duties may [temporarily] disarm only
	temporarily a person, regardless of whether the person is a license
	holder, when the person [a license holder] enters a nonpublic,
	secure portion of a law enforcement facility. The[, if the] law
	enforcement agency shall provide [provides] a gun locker where the
	peace officer can secure the person's [license holder's] handgun.
	The peace officer shall secure the handgun in the locker and shall
	return the handgun to the person [license holder] immediately after
	the person [license holder] leaves the nonpublic, secure portion of
	the law enforcement facility.
	(c)  A law enforcement facility shall prominently display at
	each entrance to a nonpublic, secure portion of the facility a sign
	that gives notice in both English and Spanish that, under this
	section, a peace officer may temporarily disarm a person,
	regardless of whether the person is a license holder, when the
	person [license holder] enters the nonpublic, secure portion of the
	facility. The sign must appear in contrasting colors with block
	letters at least one inch in height. The sign shall be displayed in
	a clearly visible and conspicuous manner.
	SECTION 26.  The heading to Section 411.209, Government
	Code, as effective September 1, 2017, is amended to read as follows:
	Sec. 411.209.  WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
	[LICENSE HOLDER].
	SECTION 27.  Section 411.209, Government Code, is amended by
	amending Subsections (a) and (d), as effective September 1, 2017,
	and adding Subsection (d-1) to read as follows:
	(a)  Except as provided by Subsection (i), a state agency or
	a political subdivision of the state may not provide notice by a
	communication described by Section 30.06 or 30.07, Penal Code, or
	by any sign expressly referring to either of those provisions [that
	law or to a license to carry a handgun], that a person who is
	[license holder] carrying a handgun [under the authority of this
	subchapter] is prohibited from entering or remaining on a premises
	or other place owned or leased by the governmental entity unless a
	person is [license holders are] prohibited from carrying a handgun
	on the premises or other place by Section 46.03 or 46.035, Penal
	Code, or other law.
	(d)  A resident of this state or a person licensed to carry a
	handgun under this subchapter may file a complaint with the
	attorney general that a state agency or political subdivision is in
	violation of Subsection (a) if the resident or license holder
	[person] provides the agency or subdivision a written notice that
	describes the violation [and specific location of the sign found to
	be in violation] and the agency or subdivision does not cure the
	violation before the end of the third business day after the date of
	receiving the written notice.  The written notice provided under
	this subsection must include a copy of any document alleged to be in
	violation or must describe the specific location of any sign found
	to be in violation.
	(d-1)  A complaint filed with the attorney general under
	Subsection (d) [this subsection] must include evidence of the
	violation and a copy of the written notice provided to the agency or
	subdivision.
	SECTION 28.  Section 411.209(f), Government Code, is amended
	to read as follows:
	(f)  Before a suit may be brought against a state agency or a
	political subdivision of the state for a violation of Subsection
	(a), the attorney general must investigate the complaint to
	determine whether legal action is warranted. If legal action is
	warranted, the attorney general must give the chief administrative
	officer of the agency or political subdivision charged with the
	violation a written notice that:
	(1)  describes the violation and includes the
	information described by Subsection (d) [specific location of the
	sign found to be in violation];
	(2)  states the amount of the proposed penalty for the
	violation; and
	(3)  gives the agency or political subdivision 15 days
	from receipt of the notice to [remove the sign and] cure the
	violation to avoid the penalty, unless the agency or political
	subdivision was found liable by a court for previously violating
	Subsection (a).
	SECTION 29.  Section 12.092(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The medical advisory board shall assist the Department
	of Public Safety of the State of Texas in determining whether:
	(1)  an applicant for a driver's license or a license
	holder is capable of safely operating a motor vehicle; or
	(2)  an applicant for or holder of a license to carry a
	handgun under [the authority of] Subchapter H, Chapter 411,
	Government Code, or an applicant for or holder of a commission as a
	security officer under Chapter 1702, Occupations Code, is capable
	of exercising sound judgment with respect to the proper use and
	storage of a handgun.
	SECTION 30.  Section 42.042(e-2), Human Resources Code, is
	amended to read as follows:
	(e-2)  The department may not prohibit the foster parent of a
	child who resides in the foster family's home from transporting the
	child in a vehicle where a handgun is present if the handgun is in
	the possession and control of the foster parent and the foster
	parent is not prohibited from possessing a firearm [licensed to
	carry the handgun under Subchapter H, Chapter 411, Government
	Code].
	SECTION 31.  Section 52.062(a), Labor Code, is amended to
	read as follows:
	(a)  Section 52.061 does not:
	(1)  authorize a person who is not prohibited from
	possessing [holds a license to carry a handgun under Subchapter H,
	Chapter 411, Government Code, who otherwise lawfully possesses] a
	firearm[,] or [who lawfully possesses] ammunition to possess a
	firearm or ammunition on any property where the possession of a
	firearm or ammunition is prohibited by state or federal law; or
	(2)  apply to:
	(A)  a vehicle owned or leased by a public or
	private employer and used by an employee in the course and scope of
	the employee's employment, unless the employee is required to
	transport or store a firearm in the official discharge of the
	employee's duties;
	(B)  a school district;
	(C)  an open-enrollment charter school, as
	defined by Section 5.001, Education Code;
	(D)  a private school, as defined by Section
	22.081, Education Code;
	(E)  property owned or controlled by a person,
	other than the employer, that is subject to a valid, unexpired oil,
	gas, or other mineral lease that contains a provision prohibiting
	the possession of firearms on the property; or
	(F)  property owned or leased by a chemical
	manufacturer or oil and gas refiner with an air authorization under
	Chapter 382, Health and Safety Code, and on which the primary
	business conducted is the manufacture, use, storage, or
	transportation of hazardous, combustible, or explosive materials,
	except in regard to an employee who is not prohibited from
	possessing a firearm or ammunition [holds a license to carry a
	handgun under Subchapter H, Chapter 411, Government Code,] and
	[who] stores the [a] firearm or ammunition [the employee is
	authorized by law to possess] in a locked, privately owned motor
	vehicle in a parking lot, parking garage, or other parking area the
	employer provides for employees that is outside of a secured and
	restricted area:
	(i)  that contains the physical plant;
	(ii)  that is not open to the public; and
	(iii)  the ingress into which is constantly
	monitored by security personnel.
	SECTION 32.  Section 191.010(a), Local Government Code, is
	amended to read as follows:
	(a)  In this section, "photo identification" means one of the
	following forms of photo identification:
	(1)  a driver's license, election identification
	certificate, or personal identification card issued to the person
	by any state or territory of the United States that has not expired
	or that expired no earlier than 60 days before the date of
	presentation;
	(2)  a United States military identification card that
	contains the person's photograph that has not expired or that
	expired no earlier than 60 days before the date of presentation;
	(3)  a United States citizenship certificate issued to
	the person that contains the person's photograph;
	(4)  a United States Permanent Resident Card that has
	not expired or that expired no earlier than 60 days before the date
	of presentation;
	(5)  an identification card issued by a municipality
	intended to serve as a general identification card for the holder
	that has not expired or that expired no earlier than 60 days before
	the date of presentation;
	(6)  a federally recognized tribal enrollment card or
	other form of tribal identification that has not expired or that
	expired no earlier than 60 days before the date of presentation;
	(7)  a United States passport or a passport issued by a
	foreign government recognized by the United States issued to the
	person that has not expired or that expired no earlier than 60 days
	before the date of presentation; or
	(8)  a license to carry a [concealed] handgun issued to
	the person by the Department of Public Safety that has not expired
	or that expired no earlier than 60 days before the date of
	presentation.
	SECTION 33.  Section 229.001(b), Local Government Code, is
	amended to read as follows:
	(b)  Subsection (a) does not affect the authority a
	municipality has under another law to:
	(1)  require residents or public employees to be armed
	for personal or national defense, law enforcement, or another
	lawful purpose;
	(2)  regulate the discharge of firearms or air guns
	within the limits of the municipality, other than at a sport
	shooting range;
	(3)  regulate the use of property, the location of a
	business, or uses at a business under the municipality's fire code,
	zoning ordinance, or land-use regulations as long as the code,
	ordinance, or regulations are not used to circumvent the intent of
	Subsection (a) or Subdivision (5) of this subsection;
	(4)  regulate the use of firearms, air guns, or knives
	in the case of an insurrection, riot, or natural disaster if the
	municipality finds the regulations necessary to protect public
	health and safety;
	(5)  regulate the storage or transportation of
	explosives to protect public health and safety, except that 25
	pounds or less of black powder for each private residence and 50
	pounds or less of black powder for each retail dealer are not
	subject to regulation;
	(6)  regulate the carrying of a firearm or air gun, [by
	a person] other than a [person licensed to carry a] handgun carried
	by a person not prohibited from possessing a firearm [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
	(B) [(D)]  nonfirearms-related school, college,
	or professional athletic event;
	(7)  regulate the hours of operation of a sport
	shooting range, except that the hours of operation may not be more
	limited than the least limited hours of operation of any other
	business in the municipality other than a business permitted or
	licensed to sell or serve alcoholic beverages for on-premises
	consumption; or
	(8)  regulate the carrying of an air gun by a minor on:
	(A)  public property; or
	(B)  private property without consent of the
	property owner.
	SECTION 34.  Sections 62.082(d) and (e), Parks and Wildlife
	Code, are amended to read as follows:
	(d)  Section 62.081 does not apply to:
	(1)  an employee of the Lower Colorado River Authority;
	(2)  a person authorized to hunt under Subsection (c);
	(3)  a peace officer as defined by Article 2.12, Code of
	Criminal Procedure; or
	(4)  a person who:
	(A)  is carrying [possesses] a handgun [and a
	license issued under Subchapter H, Chapter 411, Government Code, to
	carry a handgun]; or
	(B)  under circumstances in which the person would
	be justified in the use of deadly force under Chapter 9, Penal Code,
	shoots a handgun [the person is licensed to carry under Subchapter
	H, Chapter 411, Government Code].
	(e)  A state agency, including the department, the
	Department of Public Safety, and the Lower Colorado River
	Authority, may not adopt a rule that prohibits a person who is not
	prohibited from possessing a firearm [possesses a license issued
	under Subchapter H, Chapter 411, Government Code,] from entering or
	crossing the land of the Lower Colorado River Authority while:
	(1)  carrying [possessing] a handgun; or
	(2)  under circumstances in which the person would be
	justified in the use of deadly force under Chapter 9, Penal Code,
	shooting a handgun.
	SECTION 35.  Section 284.001(e), Parks and Wildlife Code, is
	amended to read as follows:
	(e)  This section does not limit a person's [the] ability [of
	a license holder] to carry a handgun [under the authority of
	Subchapter H, Chapter 411, Government Code].
	SECTION 36.  Section 30.05(f), Penal Code, is amended to
	read as follows:
	(f)  It is a defense to prosecution under this section that:
	(1)  the basis on which entry on the property or land or
	in the building was forbidden is that entry with a firearm [handgun]
	was forbidden; and
	(2)  the person was carrying[:
	[(A)     a license issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	[(B)]  a handgun:
	(A) [(i)]  in a concealed manner; or
	(B) [(ii)]  in a [shoulder or belt] holster.
	SECTION 37.  The heading to Section 30.06, Penal Code, is
	amended to read as follows:
	Sec. 30.06.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
	CONCEALED HANDGUN.
	SECTION 38.  Sections 30.06(a), (c), (d), and (e), Penal
	Code, are amended to read as follows:
	(a)  A person [license holder] commits an offense if the
	person [license holder]:
	(1)  carries a concealed handgun [under the authority
	of Subchapter H, Chapter 411, Government Code,] on property of
	another without effective consent; and
	(2)  received notice that entry on the property by a
	person [license holder] with a concealed handgun was forbidden.
	(c)  In this section:
	(1)  "Entry" has the meaning assigned by Section
	30.05(b).
	(2)  ["License holder" has the meaning assigned by
	Section 46.035(f).
	[(3)]  "Written communication" means:
	(A)  a card or other document on which is written
	language identical to the following: "Pursuant to Section 30.06,
	Penal Code (trespass by person [license holder] with [a] concealed
	handgun), a person [licensed under Subchapter H, Chapter 411,
	Government Code (handgun licensing law),] may not enter this
	property with a concealed handgun"; or
	(B)  a sign posted on the property that:
	(i)  includes the language described by
	Paragraph (A) in both English and Spanish;
	(ii)  appears in contrasting colors with
	block letters at least one inch in height; and
	(iii)  is displayed in a conspicuous manner
	clearly visible to the public at each entrance to the property.
	(d)  An offense under this section is a Class C misdemeanor
	punishable by a fine not to exceed $200, except that the offense is
	a Class A misdemeanor if it is shown on the trial of the offense
	that, after entering the property, the person [license holder] was
	personally given the notice by oral communication described by
	Subsection (b) and subsequently failed to depart.
	(e)  It is an exception to the application of this section
	that the property on which the person [license holder] carries a
	handgun is owned or leased by a governmental entity and is not a
	premises or other place on which the person [license holder] is
	prohibited from carrying the handgun under Section 46.03 or 46.035
	or other law.
	SECTION 39.  The heading to Section 30.07, Penal Code, is
	amended to read as follows:
	Sec. 30.07.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
	OPENLY CARRIED HANDGUN.
	SECTION 40.  Sections 30.07(a), (c), (d), (e), and (f),
	Penal Code, are amended to read as follows:
	(a)  A person [license holder] commits an offense if the
	person [license holder]:
	(1)  openly carries a handgun [under the authority of
	Subchapter H, Chapter 411, Government Code,] on property of another
	without effective consent; and
	(2)  received notice that entry on the property by a
	person [license holder] openly carrying a handgun was forbidden.
	(c)  In this section:
	(1)  "Entry" has the meaning assigned by Section
	30.05(b).
	(2)  ["License holder" has the meaning assigned by
	Section 46.035(f).
	[(3)]  "Written communication" means:
	(A)  a card or other document on which is written
	language identical to the following: "Pursuant to Section 30.07,
	Penal Code (trespass by person [license holder] with [an] openly
	carried handgun), a person [licensed under Subchapter H, Chapter
	411, Government Code (handgun licensing law),] may not enter this
	property with a handgun that is carried openly"; or
	(B)  a sign posted on the property that:
	(i)  includes the language described by
	Paragraph (A) in both English and Spanish;
	(ii)  appears in contrasting colors with
	block letters at least one inch in height; and
	(iii)  is displayed in a conspicuous manner
	clearly visible to the public at each entrance to the property.
	(d)  An offense under this section is a Class C misdemeanor
	punishable by a fine not to exceed $200, except that the offense is
	a Class A misdemeanor if it is shown on the trial of the offense
	that, after entering the property, the person [license holder] was
	personally given the notice by oral communication described by
	Subsection (b) and subsequently failed to depart.
	(e)  It is an exception to the application of this section
	that the property on which the person [license holder] openly
	carries a [the] handgun is owned or leased by a governmental entity
	and is not a premises or other place on which the person [license
	holder] is prohibited from carrying the handgun under Section 46.03
	or 46.035 or other law.
	(f)  It is not a defense to prosecution under this section
	that the handgun was carried in a [shoulder or belt] holster.
	SECTION 41.  The following provisions are repealed:
	(1)  Sections 11.041, 11.61(e), 61.11, and 61.71(f),
	Alcoholic Beverage Code;
	(2)  Sections 411.204(d) and 411.205, Government Code;
	(3)  Sections 46.02(a-1) and 46.15(j), Penal Code; and
	(4)  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007.
	SECTION 42.  The change in law made by this Act relating to
	the carrying of a handgun applies to the carrying of a handgun on or
	after the effective date of this Act by any person not prohibited
	from possessing a firearm.
	SECTION 43.  The changes in law made by this Act apply only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect when the offense was committed, and
	the former law is continued in effect for that purpose.  For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 44.  This Act takes effect December 1, 2017.