89R10543 JSC-F
 
  By: Cain H.B. No. 4818
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of an enhanced license designation for a
  license to carry a handgun and the locations in which the holder of
  that enhanced license may carry a handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.171, Government Code, is amended by
  adding Subdivision (8) to read as follows:
               (8)  "Enhanced license" means a license to carry a
  handgun that bears an enhanced license designation under Section
  411.1845.
         SECTION 2.  Section 411.174, Government Code, is amended by
  adding Subsection (b-2) to read as follows:
         (b-2)  The application must provide space for the applicant
  to:
               (1)  request an enhanced license designation described
  by Section 411.1845; and
               (2)  include sufficient proof of the applicant's
  satisfaction of the requirements of Section 411.1845, including
  the applicant's successful completion of:
                     (A)  the training course under Section
  411.1845(c); and 
                     (B)  the demonstration of handgun proficiency
  under Section 411.1845(d), not earlier than the 180th day before
  the date of the application.
         SECTION 3.  Section 411.179, Government Code, is amended by
  amending Subsection (a) and adding Subsection (e-1) to read as
  follows:
         (a)  The department by rule shall adopt the form of the
  license. A license must include:
               (1)  a number assigned to the license holder by the
  department;
               (2)  a statement of the period for which the license is
  effective;
               (3)  a photograph of the license holder;
               (4)  the license holder's full name, date of birth, hair
  and eye color, height, weight, and signature;
               (5)  the license holder's residence address or, as
  provided by Subsection (d), the street address of the courthouse in
  which the license holder or license holder's spouse or parent
  serves as a federal judge or the license holder serves as a state
  judge;
               (6)  the number of a driver's license or an
  identification certificate issued to the license holder by the
  department;
               (7)  the designation "VETERAN" if required under
  Subsection (e);
               (8)  any at-risk designation for which the license
  holder has established eligibility under Section 411.184; [and]
               (9)  if applicable, a protective order designation
  under Section 411.1735; and
               (10)  the designation "ENHANCED" if required under
  Subsection (e-1).
         (e-1)  The department shall include the designation
  "ENHANCED" on the face of any license under this subchapter if the
  license is issued to an applicant who:
               (1)  requests the designation; and
               (2)  includes sufficient proof of the applicant's
  satisfaction of the requirements of Section 411.1845, including the
  applicant's successful completion of:
                     (A)  the training course under Section
  411.1845(c); and 
                     (B)  the demonstration of handgun proficiency
  under Section 411.1845(d), not earlier than the 180th day before
  the date of the application.
         SECTION 4.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1845 to read as follows:
         Sec. 411.1845.  ENHANCED LICENSE DESIGNATION; TRAINING
  COURSE. (a) In this section:
               (1)  "Commissioned security officer" has the meaning
  assigned by Section 1702.002, Occupations Code.
               (2)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (3)  "Peace officer" has the meaning assigned by
  Article 2A.001, Code of Criminal Procedure.
               (4)  "Public security officer" has the meaning assigned
  by Section 1701.001, Occupations Code.
               (5)  "School district" means any public school district
  in this state.
               (6)  "School marshal" means a person appointed under
  Section 37.0811, Education Code.
               (7)  "School resource officer" has the meaning assigned
  by Section 1701.601, Occupations Code.
         (b)  The department shall designate a license to carry a
  handgun as an enhanced license if the applicant:
               (1)  requests the designation;
               (2)  has held a license to carry a handgun issued under
  this subchapter for at least four years;
               (3)  is at least:
                     (A)  25 years of age; or
                     (B)  22 years of age if first issued a license
  under Section 411.172(g);
               (4)  has not been convicted of a Class A misdemeanor or
  equivalent offense;
               (5)  has not, in the 15-year period preceding the date
  of application, been convicted of a Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (6)  has not, in the 20-year period preceding the date
  of application, had a license revoked under Section 411.186(a)(3);
               (7)  has not received:
                     (A)  involuntary psychiatric hospitalization;
                     (B)  psychiatric hospitalization in the 20-year
  period preceding the date of application;
                     (C)  inpatient or residential substance abuse
  treatment in the 20-year period preceding the date of application;
  or
                     (D)  a diagnosis, in the 20-year period preceding
  the date of application, by a licensed physician that the person is
  dependent on alcohol, a controlled substance, or a similar
  substance;
               (8)  has not received a diagnosis at any time by a
  licensed physician that the person suffers or has suffered from a
  psychiatric disorder or condition consisting of or relating to any
  condition listed in Section 411.172(e)(5); and
               (9)  has successfully completed the training course
  described by Subsection (c) and the demonstration of handgun
  proficiency under Subsection (d).
         (c)  The director by rule shall establish minimum standards
  for a training course that a license holder may complete to receive
  an enhanced license designation under this section. The training
  course must:
               (1)  be administered by a qualified handgun instructor;
               (2)  include not less than 32 hours and not more than 48
  hours of instruction;
               (3)  provide classroom training in:
                     (A)  de-escalation techniques;
                     (B)  self-defense;
                     (C)  discerning between self-defense scenarios
  and interdiction scenarios;
                     (D)  the dangers and potential legal consequences
  of attempting to interdict a crime that does not pose a threat to
  the license holder;
                     (E)  tactical thinking relating to cover for and
  concealment of the license holder;
                     (F)  the principles of tactical movement;
                     (G)  methods to conceal a handgun and methods to
  ensure the secure carrying of a concealed handgun;
                     (H)  the laws pertaining to where and when a
  holder of an enhanced license may not carry a handgun in this state;
  and
                     (I)  the consequences of improper use of a
  handgun; and
               (4)  provide at least 20 hours of in-person field
  instruction, including at least 16 hours on a live-fire shooting
  range, in the use of handguns, including:
                     (A)  instinctive or reactive shooting;
                     (B)  discerning between "shoot" and "don't shoot"
  scenarios;
                     (C)  tactical shooting;
                     (D)  shooting while moving;
                     (E)  shooting in low-light conditions;
                     (F)  tactical movement through doorways and
  hallways where an assailant may be present; and
                     (G)  tactical movement into and out of rooms where
  an assailant may be present.
         (d)  To receive an enhanced license, a license holder must
  complete a physical demonstration of proficiency in the use of one
  or more handguns and in handgun safety procedures as provided by
  Section 411.188(d)(2), to be administered by a qualified handgun
  instructor. The physical demonstration of proficiency described by
  this subsection must be completed not earlier than the 180th day
  before the date of application.
         (e)  The department shall issue a renewal license without the
  enhanced license designation unless the application for renewal
  includes proof that the applicant has successfully repeated the
  demonstration of handgun proficiency described by Subsection (d)
  under the supervision of a qualified handgun instructor not earlier
  than the 180th day before the date the application for the renewal
  of the enhanced license is submitted.
         (f)  An applicant for an enhanced license is responsible for
  paying to the course provider the costs incurred by the provider in
  administering the training course and handgun proficiency
  demonstration under this section.
         (g)  The training course under Subsection (c) and the handgun
  proficiency demonstration under Subsection (d) may be administered
  in any state, district, or territory of the United States, provided
  that it is administered by a person certified by a governmental
  entity to provide instruction in the use of handguns.
         (h)  Except as otherwise provided by this section, a
  governmental entity that employs or otherwise supervises a holder
  of an enhanced license may not adopt a rule or regulation that
  prohibits the license holder from carrying a concealed, holstered
  handgun while fulfilling the license holder's official duties.
         (i)  A school district or an open-enrollment charter school
  may prohibit an employee who holds an enhanced license from
  carrying a handgun while fulfilling the license holder's duties as
  an employee of the school district or charter school only if:
               (1)  the employee is performing duties in a school
  building that is consistently staffed during classroom hours with
  at least one school resource officer or school marshal who is armed
  with a functional semiautomatic firearm loaded with at least seven
  rounds of ammunition; or
               (2)  the employee is performing duties on a school
  campus that is consistently staffed during classroom hours with at
  least two school resource officers or school marshals each of whom
  is armed with a functional semiautomatic firearm loaded with at
  least seven rounds of ammunition.
         (j)  A governmental entity may prohibit an employee who holds
  an enhanced license from carrying a handgun within an area in which:
               (1)  each accessible point of entry is controlled and
  guarded by:
                     (A)  at least one peace officer or public security
  officer acting in the official discharge of the officer's duties;
  or
                     (B)  at least one commissioned security officer
  acting in the official discharge of the officer's duties;
               (2)  each officer described by Subdivision (1) carries
  on the officer's person a readily dischargeable firearm that the
  officer is trained and qualified to use;
               (3)  each person entering the location is screened for
  weapons with a metal detector or magnetometer designed for security
  applications; and
               (4)  the belongings of each person entering the
  location are screened either by:
                     (A)  use of an x-ray machine designed for security
  applications; or
                     (B)  an exhaustive hand search.
         (k)  A governmental entity may prohibit an employee who holds
  an enhanced license from carrying a handgun within an area that:
               (1)  is not open to the public;
               (2)  is used for medical, scientific, or engineering
  purposes; and
               (3)  presents a specific danger due to the presence of:
                     (A)  dangerous pathogens;
                     (B)  powerful electromagnets; or
                     (C)  exceptionally poisonous, corrosive, or
  combustible chemicals.
         (l)  A governmental entity may prohibit an employee who holds
  an enhanced license from carrying a handgun on premises described
  by Section 46.03(a)(3), (5), (9), (10), or (12), Penal Code.
         SECTION 5.  Section 30.06, Penal Code, is amended by adding
  Subsection (h) to read as follows:
         (h)  It is a defense to prosecution under this section that
  the license holder carries a concealed, holstered handgun and holds
  a license to carry a handgun issued by this state with an enhanced
  designation under Section 411.1845, Government Code. The defense
  provided under this subsection is unavailable if the license holder
  was personally given notice by oral communication described by
  Subsection (b) and subsequently failed to depart.
         SECTION 6.  Section 46.15, Penal Code, is amended by adding
  Subsections (s) and (t) to read as follows:
         (s)  Sections 46.03(a)(1), (a)(2), (a)(4), (a)(7), (a)(8),
  (a)(11), (a)(13), (a)(14), (a-3), and (a-4) do not apply to a person
  who holds a license in this state to carry a handgun issued under
  Subchapter H, Chapter 411, Government Code, if:
               (1)  the person's license to carry a handgun bears an
  enhanced license designation under Section 411.1845, Government
  Code;
               (2)  the person carries one or more handguns, each of
  which is concealed and carried in a holster, and no other type of
  weapon to which Section 46.03 applies;
               (3)  the person is not intoxicated;
               (4)  the person does not consume alcohol while in the
  location;
               (5)  the location is not secured as described by
  Section 411.1845(j), Government Code; and
               (6)  the person does not deliberately display or reveal
  the presence of the handgun, except under circumstances that would
  justify the use of deadly force under Section 9.32 or 9.33.
         (t)  The defense provided by Subsection (s) is not available
  if:
               (1)  the portion of a premises in which firearms are
  forbidden:
                     (A)  is not open to the public;
                     (B)  is used for medical, scientific, or
  engineering purposes; and
                     (C)  presents a specific danger due to the
  presence of:
                           (i)  dangerous pathogens;
                           (ii)  powerful electromagnets; or
                           (iii)  exceptionally poisonous, corrosive,
  or combustible chemicals; and
               (2)  the license holder was personally given notice by
  oral communication that firearms are prohibited in that area and
  subsequently failed to depart.
         SECTION 7.  The public safety director of the Department of
  Public Safety shall adopt the rules necessary to implement Section
  411.1845, Government Code, as added by this Act, not later than July
  1, 2026.
         SECTION 8.  A qualified handgun instructor may not offer the
  training course described by Section 411.1845(c), Government Code,
  as added by this Act, or administer a handgun proficiency
  demonstration under Section 411.1845(d), Government Code, as added
  by this Act, before September 1, 2026.
         SECTION 9.  The changes in law made by this Act in amending
  Sections 30.06 and 46.15, Penal Code, apply only to an offense
  committed on or after September 1, 2026. An offense committed
  before September 1, 2026, is governed by the law in effect
  immediately before that date, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before September 1, 2026, if any element of the
  offense occurred before that date.
         SECTION 10.  This Act takes effect September 1, 2025.