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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an enhanced license designation for a |
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license to carry a handgun and the locations in which the holder of |
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that enhanced license may carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.171, Government Code, is amended by |
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adding Subdivision (8) to read as follows: |
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(8) "Enhanced license" means a license to carry a |
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handgun that bears an enhanced license designation under Section |
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411.1845. |
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SECTION 2. Section 411.174, Government Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) The application must provide space for the applicant |
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to: |
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(1) request an enhanced license designation described |
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by Section 411.1845; and |
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(2) include sufficient proof of the applicant's |
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satisfaction of the requirements of Section 411.1845, including |
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the applicant's successful completion of: |
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(A) the training course under Section |
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411.1845(c); and |
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(B) the demonstration of handgun proficiency |
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under Section 411.1845(d), not earlier than the 180th day before |
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the date of the application. |
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SECTION 3. Section 411.179, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e-1) to read as |
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follows: |
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(a) The department by rule shall adopt the form of the |
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license. A license must include: |
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(1) a number assigned to the license holder by the |
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department; |
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(2) a statement of the period for which the license is |
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effective; |
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(3) a photograph of the license holder; |
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(4) the license holder's full name, date of birth, hair |
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and eye color, height, weight, and signature; |
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(5) the license holder's residence address or, as |
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provided by Subsection (d), the street address of the courthouse in |
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which the license holder or license holder's spouse or parent |
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serves as a federal judge or the license holder serves as a state |
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judge; |
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(6) the number of a driver's license or an |
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identification certificate issued to the license holder by the |
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department; |
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(7) the designation "VETERAN" if required under |
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Subsection (e); |
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(8) any at-risk designation for which the license |
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holder has established eligibility under Section 411.184; [and] |
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(9) if applicable, a protective order designation |
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under Section 411.1735; and |
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(10) the designation "ENHANCED" if required under |
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Subsection (e-1). |
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(e-1) The department shall include the designation |
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"ENHANCED" on the face of any license under this subchapter if the |
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license is issued to an applicant who: |
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(1) requests the designation; and |
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(2) includes sufficient proof of the applicant's |
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satisfaction of the requirements of Section 411.1845, including the |
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applicant's successful completion of: |
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(A) the training course under Section |
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411.1845(c); and |
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(B) the demonstration of handgun proficiency |
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under Section 411.1845(d), not earlier than the 180th day before |
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the date of the application. |
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SECTION 4. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1845 to read as follows: |
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Sec. 411.1845. ENHANCED LICENSE DESIGNATION; TRAINING |
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COURSE. (a) In this section: |
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(1) "Commissioned security officer" has the meaning |
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assigned by Section 1702.002, Occupations Code. |
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(2) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D, Chapter 12, |
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Education Code. |
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(3) "Peace officer" has the meaning assigned by |
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Article 2A.001, Code of Criminal Procedure. |
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(4) "Public security officer" has the meaning assigned |
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by Section 1701.001, Occupations Code. |
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(5) "School district" means any public school district |
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in this state. |
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(6) "School marshal" means a person appointed under |
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Section 37.0811, Education Code. |
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(7) "School resource officer" has the meaning assigned |
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by Section 1701.601, Occupations Code. |
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(b) The department shall designate a license to carry a |
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handgun as an enhanced license if the applicant: |
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(1) requests the designation; |
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(2) has held a license to carry a handgun issued under |
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this subchapter for at least four years; |
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(3) is at least: |
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(A) 25 years of age; or |
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(B) 22 years of age if first issued a license |
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under Section 411.172(g); |
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(4) has not been convicted of a Class A misdemeanor or |
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equivalent offense; |
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(5) has not, in the 15-year period preceding the date |
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of application, been convicted of a Class B misdemeanor or |
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equivalent offense or of an offense under Section 42.01, Penal |
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Code, or equivalent offense; |
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(6) has not, in the 20-year period preceding the date |
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of application, had a license revoked under Section 411.186(a)(3); |
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(7) has not received: |
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(A) involuntary psychiatric hospitalization; |
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(B) psychiatric hospitalization in the 20-year |
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period preceding the date of application; |
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(C) inpatient or residential substance abuse |
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treatment in the 20-year period preceding the date of application; |
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or |
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(D) a diagnosis, in the 20-year period preceding |
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the date of application, by a licensed physician that the person is |
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dependent on alcohol, a controlled substance, or a similar |
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substance; |
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(8) has not received a diagnosis at any time by a |
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licensed physician that the person suffers or has suffered from a |
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psychiatric disorder or condition consisting of or relating to any |
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condition listed in Section 411.172(e)(5); and |
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(9) has successfully completed the training course |
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described by Subsection (c) and the demonstration of handgun |
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proficiency under Subsection (d). |
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(c) The director by rule shall establish minimum standards |
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for a training course that a license holder may complete to receive |
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an enhanced license designation under this section. The training |
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course must: |
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(1) be administered by a qualified handgun instructor; |
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(2) include not less than 32 hours and not more than 48 |
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hours of instruction; |
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(3) provide classroom training in: |
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(A) de-escalation techniques; |
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(B) self-defense; |
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(C) discerning between self-defense scenarios |
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and interdiction scenarios; |
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(D) the dangers and potential legal consequences |
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of attempting to interdict a crime that does not pose a threat to |
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the license holder; |
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(E) tactical thinking relating to cover for and |
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concealment of the license holder; |
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(F) the principles of tactical movement; |
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(G) methods to conceal a handgun and methods to |
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ensure the secure carrying of a concealed handgun; |
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(H) the laws pertaining to where and when a |
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holder of an enhanced license may not carry a handgun in this state; |
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and |
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(I) the consequences of improper use of a |
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handgun; and |
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(4) provide at least 20 hours of in-person field |
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instruction, including at least 16 hours on a live-fire shooting |
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range, in the use of handguns, including: |
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(A) instinctive or reactive shooting; |
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(B) discerning between "shoot" and "don't shoot" |
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scenarios; |
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(C) tactical shooting; |
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(D) shooting while moving; |
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(E) shooting in low-light conditions; |
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(F) tactical movement through doorways and |
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hallways where an assailant may be present; and |
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(G) tactical movement into and out of rooms where |
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an assailant may be present. |
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(d) To receive an enhanced license, a license holder must |
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complete a physical demonstration of proficiency in the use of one |
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or more handguns and in handgun safety procedures as provided by |
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Section 411.188(d)(2), to be administered by a qualified handgun |
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instructor. The physical demonstration of proficiency described by |
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this subsection must be completed not earlier than the 180th day |
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before the date of application. |
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(e) The department shall issue a renewal license without the |
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enhanced license designation unless the application for renewal |
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includes proof that the applicant has successfully repeated the |
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demonstration of handgun proficiency described by Subsection (d) |
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under the supervision of a qualified handgun instructor not earlier |
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than the 180th day before the date the application for the renewal |
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of the enhanced license is submitted. |
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(f) An applicant for an enhanced license is responsible for |
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paying to the course provider the costs incurred by the provider in |
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administering the training course and handgun proficiency |
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demonstration under this section. |
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(g) The training course under Subsection (c) and the handgun |
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proficiency demonstration under Subsection (d) may be administered |
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in any state, district, or territory of the United States, provided |
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that it is administered by a person certified by a governmental |
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entity to provide instruction in the use of handguns. |
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(h) Except as otherwise provided by this section, a |
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governmental entity that employs or otherwise supervises a holder |
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of an enhanced license may not adopt a rule or regulation that |
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prohibits the license holder from carrying a concealed, holstered |
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handgun while fulfilling the license holder's official duties. |
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(i) A school district or an open-enrollment charter school |
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may prohibit an employee who holds an enhanced license from |
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carrying a handgun while fulfilling the license holder's duties as |
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an employee of the school district or charter school only if: |
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(1) the employee is performing duties in a school |
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building that is consistently staffed during classroom hours with |
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at least one school resource officer or school marshal who is armed |
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with a functional semiautomatic firearm loaded with at least seven |
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rounds of ammunition; or |
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(2) the employee is performing duties on a school |
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campus that is consistently staffed during classroom hours with at |
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least two school resource officers or school marshals each of whom |
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is armed with a functional semiautomatic firearm loaded with at |
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least seven rounds of ammunition. |
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(j) A governmental entity may prohibit an employee who holds |
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an enhanced license from carrying a handgun within an area in which: |
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(1) each accessible point of entry is controlled and |
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guarded by: |
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(A) at least one peace officer or public security |
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officer acting in the official discharge of the officer's duties; |
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or |
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(B) at least one commissioned security officer |
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acting in the official discharge of the officer's duties; |
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(2) each officer described by Subdivision (1) carries |
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on the officer's person a readily dischargeable firearm that the |
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officer is trained and qualified to use; |
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(3) each person entering the location is screened for |
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weapons with a metal detector or magnetometer designed for security |
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applications; and |
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(4) the belongings of each person entering the |
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location are screened either by: |
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(A) use of an x-ray machine designed for security |
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applications; or |
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(B) an exhaustive hand search. |
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(k) A governmental entity may prohibit an employee who holds |
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an enhanced license from carrying a handgun within an area that: |
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(1) is not open to the public; |
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(2) is used for medical, scientific, or engineering |
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purposes; and |
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(3) presents a specific danger due to the presence of: |
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(A) dangerous pathogens; |
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(B) powerful electromagnets; or |
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(C) exceptionally poisonous, corrosive, or |
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combustible chemicals. |
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(l) A governmental entity may prohibit an employee who holds |
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an enhanced license from carrying a handgun on premises described |
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by Section 46.03(a)(3), (5), (9), (10), or (12), Penal Code. |
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SECTION 5. Section 30.06, Penal Code, is amended by adding |
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Subsection (h) to read as follows: |
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(h) It is a defense to prosecution under this section that |
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the license holder carries a concealed, holstered handgun and holds |
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a license to carry a handgun issued by this state with an enhanced |
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designation under Section 411.1845, Government Code. The defense |
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provided under this subsection is unavailable if the license holder |
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was personally given notice by oral communication described by |
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Subsection (b) and subsequently failed to depart. |
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SECTION 6. Section 46.15, Penal Code, is amended by adding |
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Subsections (s) and (t) to read as follows: |
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(s) Sections 46.03(a)(1), (a)(2), (a)(4), (a)(7), (a)(8), |
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(a)(11), (a)(13), (a)(14), (a-3), and (a-4) do not apply to a person |
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who holds a license in this state to carry a handgun issued under |
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Subchapter H, Chapter 411, Government Code, if: |
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(1) the person's license to carry a handgun bears an |
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enhanced license designation under Section 411.1845, Government |
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Code; |
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(2) the person carries one or more handguns, each of |
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which is concealed and carried in a holster, and no other type of |
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weapon to which Section 46.03 applies; |
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(3) the person is not intoxicated; |
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(4) the person does not consume alcohol while in the |
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location; |
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(5) the location is not secured as described by |
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Section 411.1845(j), Government Code; and |
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(6) the person does not deliberately display or reveal |
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the presence of the handgun, except under circumstances that would |
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justify the use of deadly force under Section 9.32 or 9.33. |
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(t) The defense provided by Subsection (s) is not available |
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if: |
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(1) the portion of a premises in which firearms are |
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forbidden: |
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(A) is not open to the public; |
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(B) is used for medical, scientific, or |
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engineering purposes; and |
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(C) presents a specific danger due to the |
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presence of: |
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(i) dangerous pathogens; |
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(ii) powerful electromagnets; or |
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(iii) exceptionally poisonous, corrosive, |
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or combustible chemicals; and |
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(2) the license holder was personally given notice by |
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oral communication that firearms are prohibited in that area and |
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subsequently failed to depart. |
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SECTION 7. The public safety director of the Department of |
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Public Safety shall adopt the rules necessary to implement Section |
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411.1845, Government Code, as added by this Act, not later than July |
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1, 2026. |
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SECTION 8. A qualified handgun instructor may not offer the |
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training course described by Section 411.1845(c), Government Code, |
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as added by this Act, or administer a handgun proficiency |
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demonstration under Section 411.1845(d), Government Code, as added |
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by this Act, before September 1, 2026. |
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SECTION 9. The changes in law made by this Act in amending |
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Sections 30.06 and 46.15, Penal Code, apply only to an offense |
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committed on or after September 1, 2026. An offense committed |
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before September 1, 2026, is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2026, if any element of the |
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offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2025. |