87R3676 JSC-F
	By: Biedermann	H.B. No. 1238

	A BILL TO BE ENTITLED
	AN ACT
	relating to provisions governing the carrying of a firearm by a
	person who is not otherwise prohibited by state or federal law from
	possessing the firearm and to other provisions related to the
	carrying, possessing, transporting, or storing of a firearm.
	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 2021.
	SECTION 2.  The heading to Section 46.02, Penal Code, is
	amended to read as follows:
	Sec. 46.02.  UNLAWFUL CARRYING OF CERTAIN AGE-RESTRICTED
	WEAPONS.
	SECTION 3.  Section 46.02(b), Penal Code, is amended to read
	as follows:
	(b)  An [Except as provided by Subsection (c) or (d), an]
	offense under this section is a Class C [A] misdemeanor.
	SECTION 4.  Sections 46.03(a), (e-1), (e-2), and (f), Penal
	Code, are amended to read as follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly possesses or goes with a firearm,
	location-restricted 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 educational
	institution is public or private, unless:
	(A)  pursuant to written regulations or written
	authorization of the institution; or
	(B)  the person is not otherwise prohibited by law
	from possessing a firearm and possesses or goes with a [concealed]
	handgun [that the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, and no other weapon to which this
	section applies,] on the premises of an institution of higher
	education or private or independent institution of higher
	education, on any grounds or building on which an activity
	sponsored by the institution is being conducted, or in a passenger
	transportation vehicle 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)  on the premises of 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;
	(5)  in or into a secured area of an airport; or
	(6)  within 1,000 feet of premises the location of
	which is designated by the Texas Department of Criminal Justice as a
	place of execution under Article 43.19, Code of Criminal Procedure,
	on a day that a sentence of death is set to be imposed on the
	designated premises and the person received notice that:
	(A)  going within 1,000 feet of the premises with
	a weapon listed under this subsection was prohibited; or
	(B)  possessing a weapon listed under this
	subsection within 1,000 feet of the premises was prohibited.
	(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
	otherwise prohibited by state or federal law 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 otherwise prohibited by state or federal law 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.
	(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 by state or federal law
	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 who is not otherwise
	prohibited from possessing a firearm under Section 46.04 of this
	code, 18 U.S.C. Section 922, or other law:
	(1)  is not prohibited from carrying a concealed
	handgun or a partially or wholly visible handgun in a holster; and
	(2)  may not be required to obtain or hold a license for
	that purpose.
	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.  Sections 46.035(a), (a-2), (a-3), (b), (c), (d),
	(h), and (j), Penal Code, are amended 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].
	(a-2)  Notwithstanding Subsection (a) or Section 46.03(a), a
	person [license holder] commits an offense if the person [license
	holder] carries a handgun on the campus of a private or independent
	institution of higher education in this state that has established
	rules, regulations, or other provisions prohibiting a person
	[license holders] from carrying a handgun under [handguns pursuant
	to] Section 51.992(h), Education [411.2031(e), Government] Code,
	or on the grounds or building on which an activity sponsored by the
	[such an] institution is being conducted, or in a passenger
	transportation vehicle of the [such an] institution, regardless of
	whether the handgun is concealed or carried in a holster, provided
	the institution gives effective notice under Section 30.06 or
	30.07, as applicable.
	(a-3)  Notwithstanding Subsection (a) or Section 46.03(a), a
	person [license holder] commits an offense if the person [license
	holder] intentionally carries a [concealed] handgun on a portion of
	a premises located on the campus of an institution of higher
	education in this state on which the carrying of a [concealed]
	handgun is prohibited by rules, regulations, or other provisions
	established under Section 51.992(d), Education [411.2031(d-1),
	Government] Code, provided the institution gives effective notice
	under Section 30.06 or 30.07, as applicable, with respect to that
	portion.
	(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; or
	(6)  on the premises of a civil commitment facility.
	(c)  A person [license holder] commits an offense if:
	(1)  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
	(2)  [if] the meeting described by Subdivision (1) 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.
	(h)  It is a defense to prosecution under Subsection (a),
	[(a-1),] (a-2), or (a-3) 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 force or deadly force under Chapter 9.
	(j)  Subsections (a), [(a-1),] (a-2), (a-3), and (b)(1) do
	not apply to a historical reenactment performed in compliance with
	the rules of the Texas Alcoholic Beverage Commission.
	SECTION 8.  Section 46.02(a-1), Penal Code, is transferred
	to Section 46.035, Penal Code, redesignated as Section 46.035(d-1),
	Penal Code, and amended to read as follows:
	(d-1) [(a-1)]  A person commits an offense if the person
	intentionally, knowingly, or recklessly carries [on or about his or
	her person] a handgun, regardless of whether the handgun is
	concealed or carried in a holster, [in a motor vehicle or watercraft
	that is owned by the person or under the person's control] at any
	time in which[:
	[(1)  the handgun is in plain view, unless the person is
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code, and the handgun is carried in a shoulder or belt
	holster; or
	[(2)]  the person is:
	(1) [(A)]  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)  otherwise [(B)] prohibited by law from possessing
	a firearm[; or
	[(C)  a member of a criminal street gang, as defined by
	Section 71.01].
	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.  Sections 46.15(a), (h), and (l), Penal Code,
	are 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 or other
	qualified retired law enforcement officer, as defined by 18 U.S.C.
	Section 926C, 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 an honorably retired peace officer or other qualified
	retired law enforcement officer;
	(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)  licensed to carry [carrying] a handgun under
	[the authority of] Subchapter H, Chapter 411, Government Code; and
	(B)  engaged in providing emergency services; or
	(11)  a judge or justice of a federal court who is
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code.
	(h)  The provisions of Section [Sections 46.02 and] 46.03
	prohibiting the possession or carrying of a club do not apply to a
	code enforcement officer who:
	(1)  holds a certificate of registration issued under
	Chapter 1952, Occupations Code; and
	(2)  possesses or carries an instrument used
	specifically for deterring an animal bite while the officer is:
	(A)  performing official duties; or
	(B)  traveling to or from a place of duty.
	(l)  Sections [46.02,] 46.03(a)(1), (a)(2), (a)(3), and
	(a)(4), and 46.035(a), [(a-1),] (a-2), (a-3), (b)(1), (b)(5), and
	(b)(6) do not apply to a person who carries a handgun if:
	(1)  the person carries the handgun on the premises, as
	defined by the statute providing the applicable offense, of a
	location operating as an emergency shelter during a state of
	disaster declared under Section 418.014, Government Code, or a
	local state of disaster declared under Section 418.108, Government
	Code;
	(2)  the owner, controller, or operator of the premises
	or a person acting with the apparent authority of the owner,
	controller, or operator, authorized the carrying of the handgun;
	(3)  the person carrying the handgun complies with any
	rules and regulations of the owner, controller, or operator of the
	premises that govern the carrying of a handgun on the premises; and
	(4)  the person is not prohibited by state or federal
	law from possessing a firearm.
	SECTION 11.  Chapter 507, Business & Commerce Code, 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 12.  Section 95A.0001, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 95A.0001.  EVIDENCE OF FAILURE TO FORBID HANDGUNS.  The
	fact that a card, sign, or other document described by Section
	30.06(c)(2) [30.06(c)(3)] or 30.07(c)(2) [30.07(c)(3)], Penal
	Code, is not posted on the property of a business or any other
	evidence that a person failed to exercise the person's option to
	forbid the carrying of a handgun [by a license holder] on the
	property:
	(1)  is not admissible as evidence in a trial on the
	merits in an action:
	(A)  against a person, including a business or
	other entity, who owns, controls, or manages the property; and
	(B)  in which the cause of action arises from an
	injury sustained on the property; and
	(2)  does not support a cause of action described by
	Subdivision (1) against a person described by that subdivision.
	SECTION 13.  Section 125.0015(a), Civil Practice and
	Remedies Code, is amended to read as follows:
	(a)  A person who maintains a place to which persons
	habitually go for the following purposes and who knowingly
	tolerates the activity and furthermore fails to make reasonable
	attempts to abate the activity maintains a common nuisance:
	(1)  discharge of a firearm in a public place as
	prohibited by the Penal Code;
	(2)  reckless discharge of a firearm as prohibited by
	the Penal Code;
	(3)  engaging in organized criminal activity as a
	member of a combination as prohibited by the Penal Code;
	(4)  delivery, possession, manufacture, or use of a
	substance or other item in violation of Chapter 481, Health and
	Safety Code;
	(5)  gambling, gambling promotion, or communicating
	gambling information as prohibited by the Penal Code;
	(6)  prostitution, promotion of prostitution, or
	aggravated promotion of prostitution as prohibited by the Penal
	Code;
	(7)  compelling prostitution as prohibited by the Penal
	Code;
	(8)  commercial manufacture, commercial distribution,
	or commercial exhibition of obscene material as prohibited by the
	Penal Code;
	(9)  aggravated assault as described by Section 22.02,
	Penal Code;
	(10)  sexual assault as described by Section 22.011,
	Penal Code;
	(11)  aggravated sexual assault as described by Section
	22.021, Penal Code;
	(12)  robbery as described by Section 29.02, Penal
	Code;
	(13)  aggravated robbery as described by Section 29.03,
	Penal Code;
	(14)  unlawfully carrying a weapon as described by
	Section 46.02, Penal Code, or unlawfully carrying a firearm as
	described by Section 46.03 or 46.035, Penal Code;
	(15)  murder as described by Section 19.02, Penal Code;
	(16)  capital murder as described by Section 19.03,
	Penal Code;
	(17)  continuous sexual abuse of young child or
	children as described by Section 21.02, Penal Code;
	(18)  massage therapy or other massage services in
	violation of Chapter 455, Occupations Code;
	(19)  employing a minor at a sexually oriented business
	as defined by Section 243.002, Local Government Code;
	(20)  trafficking of persons as described by Section
	20A.02, Penal Code;
	(21)  sexual conduct or performance by a child as
	described by Section 43.25, Penal Code;
	(22)  employment harmful to a child as described by
	Section 43.251, Penal Code;
	(23)  criminal trespass as described by Section 30.05,
	Penal Code;
	(24)  disorderly conduct as described by Section 42.01,
	Penal Code;
	(25)  arson as described by Section 28.02, Penal Code;
	(26)  criminal mischief as described by Section 28.03,
	Penal Code, that causes a pecuniary loss of $500 or more; or
	(27)  a graffiti offense in violation of Section 28.08,
	Penal Code.
	SECTION 14.  Section 37.005(c), Education Code, is amended
	to read as follows:
	(c)  A student who is enrolled in a grade level below grade
	three may not be placed in out-of-school suspension unless while on
	school property or while attending a school-sponsored or
	school-related activity on or off of school property, the student
	engages in:
	(1)  conduct that contains the elements of an offense
	related to weapons under Section 46.02 or 46.05, Penal Code, or to
	firearms under Section 46.03 or 46.035, Penal Code;
	(2)  conduct that contains the elements of a violent
	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
	or
	(3)  selling, giving, or delivering to another person
	or possessing, using, or being under the influence of any amount of:
	(A)  marihuana or a controlled substance, as
	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
	Section 801 et seq.;
	(B)  a dangerous drug, as defined by Chapter 483,
	Health and Safety Code; or
	(C)  an alcoholic beverage, as defined by Section
	1.04, Alcoholic Beverage Code.
	SECTION 15.  Section 37.007(a), Education Code, is amended
	to read as follows:
	(a)  Except as provided by Subsection (k), a student shall be
	expelled from a school if the student, on school property or while
	attending a school-sponsored or school-related activity on or off
	of school property:
	(1)  engages in conduct that contains the elements of
	[the offense of unlawfully carrying weapons under Section 46.02,
	Penal Code, or elements of] an offense relating to [prohibited]
	weapons under Section 46.02 or 46.05, Penal Code, or to firearms
	under Section 46.03 or 46.035, Penal Code;
	(2)  engages in conduct that contains the elements of
	the offense of:
	(A)  aggravated assault under Section 22.02,
	Penal Code, sexual assault under Section 22.011, Penal Code, or
	aggravated sexual assault under Section 22.021, Penal Code;
	(B)  arson under Section 28.02, Penal Code;
	(C)  murder under Section 19.02, Penal Code,
	capital murder under Section 19.03, Penal Code, or criminal
	attempt, under Section 15.01, Penal Code, to commit murder or
	capital murder;
	(D)  indecency with a child under Section 21.11,
	Penal Code;
	(E)  aggravated kidnapping under Section 20.04,
	Penal Code;
	(F)  aggravated robbery under Section 29.03,
	Penal Code;
	(G)  manslaughter under Section 19.04, Penal
	Code;
	(H)  criminally negligent homicide under Section
	19.05, Penal Code; or
	(I)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code; or
	(3)  engages in conduct specified by Section
	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
	SECTION 16.  The heading to Section 37.0815, Education Code,
	is amended to read as follows:
	Sec. 37.0815.  TRANSPORTATION OR STORAGE OF FIREARM AND
	AMMUNITION [BY LICENSE HOLDER] IN SCHOOL PARKING AREA.
	SECTION 17.  Section 37.0815(a), Education Code, is amended
	to read as follows:
	(a)  A school district or open-enrollment charter school may
	not prohibit a person, including a school employee, who is not
	otherwise prohibited by law from possessing a firearm [holds a
	license to carry a handgun under Subchapter H, Chapter 411,
	Government Code,] from transporting or storing a handgun or other
	firearm or ammunition in a locked, privately owned or leased motor
	vehicle in a parking lot, parking garage, or other parking area
	provided by the district or charter school and may not regulate the
	manner in which the handgun, firearm, or ammunition is stored in the
	vehicle, provided that the handgun, firearm, or ammunition is not
	in plain view.
	SECTION 18.  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 19.  Chapter 51, Education Code, is amended by
	adding Subchapter Z-1, and a heading is added to that subchapter to
	read as follows:
	SUBCHAPTER Z-1. MISCELLANEOUS PROVISIONS RELATING TO FIREARMS
	SECTION 20.  Sections 411.2031 and 411.2032, Government
	Code, are transferred to Subchapter Z-1, Chapter 51, Education
	Code, as added by this Act, redesignated as Sections 51.991,
	51.992, and 51.993, Education Code, and amended to read as follows:
	Sec. 51.991.  DEFINITIONS [411.2031.  CARRYING OF HANDGUNS
	BY LICENSE HOLDERS ON CERTAIN CAMPUSES]. [(a)]  For purposes of
	this subchapter [section]:
	(1)  "Campus" means all land and buildings owned or
	leased by an institution of higher education or private or
	independent institution of higher education.
	(2)  "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003[, Education Code].
	(3)  "Premises" has the meaning assigned by Section
	46.035, Penal Code.
	Sec. 51.992.  CARRYING OF HANDGUNS ON CERTAIN CAMPUSES. (a)
	[(b)] A person who is not otherwise prohibited by law from
	possessing a firearm [license holder] may carry a [concealed]
	handgun in a concealed manner or in a holster [on or about the
	license holder's person] while the person [license holder] is on
	the campus of an institution of higher education or private or
	independent institution of higher education in this state.
	(b) [(c)]  Except as provided by Subsection (c), (d),
	[(d-1),] or (h) [(e)], an institution of higher education or
	private or independent institution of higher education in this
	state may not adopt any rule, regulation, or other provision
	prohibiting a person who is not otherwise prohibited by law from
	possessing a firearm [license holders] from carrying a handgun
	[handguns] on the campus of the institution.
	(c) [(d)]  An institution of higher education or private or
	independent institution of higher education in this state may
	establish rules, regulations, or other provisions concerning the
	storage of handguns in dormitories or other residential facilities
	that are owned or leased and operated by the institution and located
	on the campus of the institution.
	(d) [(d-1)]  After consulting with students, staff, and
	faculty of the institution regarding the nature of the student
	population, specific safety considerations, and the uniqueness of
	the campus environment, the president or other chief executive
	officer of an institution of higher education in this state shall
	establish reasonable rules, regulations, or other provisions
	regarding the carrying of [concealed] handguns [by license holders]
	on the campus of the institution or on premises located on the
	campus of the institution. The president or officer may not
	establish provisions that generally prohibit or have the effect of
	generally prohibiting a person who is not otherwise prohibited by
	law from possessing a firearm [license holders] from carrying a
	handgun [concealed handguns] on the campus of the institution. The
	president or officer may amend the provisions as necessary for
	campus safety. The provisions take effect as determined by the
	president or officer unless subsequently amended by the board of
	regents or other governing board under Subsection (e) [(d-2)]. The
	institution must give effective notice under Section 30.06 or
	30.07, Penal Code, as applicable, with respect to any portion of a
	premises that is subject to provisions established by the
	institution under this subsection [on which license holders may not
	carry].
	(e) [(d-2)]  Not later than the 90th day after the date that
	the rules, regulations, or other provisions are established as
	described by Subsection (d) [(d-1)], the board of regents or other
	governing board of the institution of higher education shall review
	the provisions. The board of regents or other governing board may,
	by a vote of not less than two-thirds of the board, amend wholly or
	partly the provisions established under Subsection (d) [(d-1)]. If
	amended under this subsection, the provisions are considered to be
	those of the institution as established under Subsection (d)
	[(d-1)].
	(f) [(d-3)]  An institution of higher education shall widely
	distribute the rules, regulations, or other provisions described by
	Subsection (d) [(d-1)] to the institution's students, staff, and
	faculty, including by prominently publishing the provisions on the
	institution's Internet website.
	(g) [(d-4)]  Not later than September 1 of each
	even-numbered year, each institution of higher education in this
	state shall submit a report to the legislature and to the standing
	committees of the legislature with jurisdiction over the
	implementation and continuation of this section that:
	(1)  describes its rules, regulations, or other
	provisions regarding the carrying of [concealed] handguns on the
	campus of the institution; and
	(2)  explains the reasons the institution has
	established those provisions.
	(h) [(e)]  A private or independent institution of higher
	education in this state, after consulting with students, staff, and
	faculty of the institution, may establish rules, regulations, or
	other provisions prohibiting a person, including a person who is
	not otherwise prohibited by law from possessing a firearm, [license
	holders] from carrying a handgun [handguns] on the campus of the
	institution, any grounds or building on which an activity sponsored
	by the institution is being conducted, or a passenger
	transportation vehicle owned by the institution.
	Sec. 51.993 [411.2032].  TRANSPORTATION AND STORAGE OF
	FIREARMS AND AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON
	CERTAIN CAMPUSES. [(a)  For purposes of this section:
	[(1)  "Campus" means all land and buildings owned or
	leased by an institution of higher education or private or
	independent institution of higher education.
	[(2)  "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	[(b)]  An institution of higher education or private or
	independent institution of higher education in this state may not
	adopt or enforce any rule, regulation, or other provision or take
	any other action, including posting notice under Section 30.06 or
	30.07, Penal Code, prohibiting or placing restrictions on the
	storage or transportation of a firearm or ammunition in a locked,
	privately owned or leased motor vehicle by a person, including a
	student enrolled at that institution, who is not otherwise
	prohibited by law from possessing [holds a license to carry a
	handgun under this subchapter and lawfully possesses] the firearm
	or ammunition:
	(1)  on a street or driveway located on the campus of
	the institution; or
	(2)  in a parking lot, parking garage, or other parking
	area located on the campus of the institution.
	SECTION 21.  Subchapter Z-1, Chapter 51, Education Code, as
	added by this Act, is amended by adding Section 51.994 to read as
	follows:
	Sec. 51.994.  LIMITATION OF LIABILITY. (a)  A cause of
	action in damages may not be brought against an institution of
	higher education, an officer or employee of an institution of
	higher education, a private or independent institution of higher
	education that has not adopted rules under Section 51.992(h), or an
	officer or employee of a private or independent institution of
	higher education that has not adopted rules under Section 51.992(h)
	for damages caused by the actions of a person who carries a handgun
	on the campus of the institution, any grounds or building on which
	an activity sponsored by the institution is being conducted, or a
	passenger transportation vehicle owned by the institution, and a
	court may not hold such an institution, officer, or employee liable
	for those damages.
	(b)  The immunities granted under Subsection (a) do not apply
	to:
	(1)  an act or a failure to act by an institution of
	higher education, an officer or employee of an institution of
	higher education, a private or independent institution of higher
	education that has not adopted rules under Section 51.992(h), or an
	officer or employee of a private or independent institution of
	higher education that has not adopted rules under Section 51.992(h)
	if the act or failure to act was capricious or arbitrary; or
	(2)  any officer or employee of an institution of
	higher education or private or independent institution of higher
	education described by Subdivision (1) who possesses a handgun on
	the campus of that institution and whose conduct with regard to the
	handgun is made the basis of a claim for personal injury or property
	damage.
	SECTION 22.  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 23.  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 24.  Section 411.179(c), Government Code, is amended
	to read as follows:
	(c)  In adopting the form of the license under Subsection
	(a), the department shall establish a procedure for the license of a
	qualified handgun instructor or of the attorney general or a judge,
	justice, United States attorney, assistant United States attorney,
	assistant attorney general, prosecuting attorney, or assistant
	prosecuting attorney, as described by Section 46.15(a)(4), (6),
	[or] (7), or (11), Penal Code, to indicate on the license the
	license holder's status as a qualified handgun instructor or as the
	attorney general or a judge, justice, United States attorney,
	assistant United States attorney, assistant attorney general,
	prosecuting [district] attorney, or assistant prosecuting
	[criminal district] attorney[, or county attorney].  In
	establishing the procedure, the department shall require
	sufficient documentary evidence to establish the license holder's
	status under this subsection.
	SECTION 25.  Section 411.190(c), Government Code, 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 26.  Section 411.200, Government Code, is amended to
	read as follows:
	Sec. 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 Chapter 1702,
	Occupations Code, from the duty to comply with Chapter 1702,
	Occupations Code, or from the duty to refrain from committing a
	firearms offense under Chapter 46 [Section 46.02], Penal Code.
	SECTION 27.  Sections 411.201(c), (e), and (h), 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.
	(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 28.  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 by state or federal law 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 29.  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 30.  The heading to Section 411.206, Government
	Code, is amended to read as follows:
	Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.
	SECTION 31.  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 32.  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
	concealed or holstered handgun.
	(b)  A peace officer who is acting in the lawful discharge of
	the officer's official duties may [temporarily] disarm a person
	only temporarily, 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 33.  Sections 411.208(a), (b), and (d), Government
	Code, are amended to read as follows:
	(a)  A court may not hold the state, an agency or subdivision
	of the state, an officer or employee of the state, [an institution
	of higher education, an officer or employee of an institution of
	higher education, a private or independent institution of higher
	education that has not adopted rules under Section 411.2031(e), an
	officer or employee of a private or independent institution of
	higher education that has not adopted rules under Section
	411.2031(e),] a peace officer, a qualified handgun instructor, or
	an approved online course provider 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, [an institution of higher education, an
	officer or employee of an institution of higher education, a
	private or independent institution of higher education that has not
	adopted rules under Section 411.2031(e), an officer or employee of
	a private or independent institution of higher education that has
	not adopted rules under Section 411.2031(e),] a peace officer, a
	qualified handgun instructor, or an approved online course provider
	for any damage caused by the actions of an applicant or license
	holder under this subchapter.
	(d)  The immunities granted under Subsections (a), (b), and
	(c) do not apply to[:
	[(1)]  an act or a failure to act by the state, an
	agency or subdivision of the state, an officer of the state, [an
	institution of higher education, an officer or employee of an
	institution of higher education, a private or independent
	institution of higher education that has not adopted rules under
	Section 411.2031(e), an officer or employee of a private or
	independent institution of higher education that has not adopted
	rules under Section 411.2031(e),] or a peace officer if the act or
	failure to act was capricious or arbitrary[; or
	[(2)  any officer or employee of an institution of
	higher education or private or independent institution of higher
	education described by Subdivision (1) who possesses a handgun on
	the campus of that institution and whose conduct with regard to the
	handgun is made the basis of a claim for personal injury or property
	damage].
	SECTION 34.  The heading to Section 411.209, Government
	Code, is amended to read as follows:
	Sec. 411.209.  WRONGFUL EXCLUSION OF PERSON CARRYING HANDGUN
	[LICENSE HOLDER].
	SECTION 35.  Section 411.209(a), Government Code, is amended
	to read as follows:
	(a)  Except as provided by Subsection (i), a state agency or
	a political subdivision of the state may not take any action,
	including an action consisting of the provision of notice by a
	communication described by Section 30.06 or 30.07, Penal Code, that
	states or implies that a person [license holder] who is 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.
	SECTION 36.  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 37.  The heading to Section 552.002, Health and
	Safety Code, is amended to read as follows:
	Sec. 552.002.  CARRYING OF HANDGUN [BY LICENSE HOLDER] IN
	STATE HOSPITAL.
	SECTION 38.  Sections 552.002(a), (b), and (c), Health and
	Safety Code, are amended to read as follows:
	(a)  In this section:
	(1)  ["License holder" has the meaning assigned by
	Section 46.035(f), Penal Code.
	[(2)]  "State hospital" means the following
	facilities:
	(A)  the Austin State Hospital;
	(B)  the Big Spring State Hospital;
	(C)  the El Paso Psychiatric Center;
	(D)  the Kerrville State Hospital;
	(E)  the North Texas State Hospital;
	(F)  the Rio Grande State Center;
	(G)  the Rusk State Hospital;
	(H)  the San Antonio State Hospital;
	(I)  the Terrell State Hospital; and
	(J)  the Waco Center for Youth.
	(2) [(3)]  "Written notice" means a sign that is posted
	on property and that:
	(A)  includes in both English and Spanish written
	language identical to the following: "Pursuant to Section 552.002,
	Health and Safety Code (carrying of handgun [by license holder] in
	state hospital), a person [licensed under Subchapter H, Chapter
	411, Government Code (handgun licensing law),] may not enter this
	property with a handgun";
	(B)  appears in contrasting colors with block
	letters at least one inch in height; and
	(C)  is displayed in a conspicuous manner clearly
	visible to the public at each entrance to the property.
	(b)  A state hospital may prohibit a person [license holder]
	from carrying a handgun [under the authority of Subchapter H,
	Chapter 411, Government Code,] on the property of the hospital by
	providing written notice.
	(c)  A person [license holder] who carries a handgun [under
	the authority of Subchapter H, Chapter 411, Government Code,] on
	the property of a state hospital at which written notice is provided
	is liable for a civil penalty in the amount of:
	(1)  $100 for the first violation; or
	(2)  $500 for the second or subsequent violation.
	SECTION 39.  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 otherwise prohibited by state or federal law from
	possessing a firearm [licensed to carry the handgun under
	Subchapter H, Chapter 411, Government Code].
	SECTION 40.  Section 52.061, Labor Code, is amended to read
	as follows:
	Sec. 52.061.  RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
	may not prohibit an employee who is not otherwise prohibited by
	state or federal law 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 from transporting or storing 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.
	SECTION 41.  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 otherwise prohibited
	by state or federal law 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 otherwise prohibited by
	state or federal law 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 42.  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 43.  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)  except as provided by Subsection (b-1), adopt or
	enforce a generally applicable zoning ordinance, land use
	regulation, fire code, or business ordinance;
	(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 an air gun or [a] firearm,
	[or air gun by a person] other than a [person licensed to carry a]
	handgun carried by a person not otherwise prohibited by state or
	federal law 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 carrying of a firearm by a person
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code,] in accordance with Section 411.209, Government
	Code, regulate the carrying of a firearm by any person;
	(8)  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;
	(9)  regulate the carrying of an air gun by a minor on:
	(A)  public property; or
	(B)  private property without consent of the
	property owner; or
	(10)  except as provided by Subsection (d-1), regulate
	or prohibit an employee's carrying or possession of a firearm,
	firearm accessory, or ammunition in the course of the employee's
	official duties.
	SECTION 44.  Section 236.002(c), Local Government Code, is
	amended to read as follows:
	(c)  Subsection (a) does not affect the authority of a county
	to:
	(1)  require a resident or public employee to be armed
	for personal or national defense, law enforcement, or other purpose
	under other law;
	(2)  regulate the discharge of firearms or air guns in
	accordance with Section 235.022;
	(3)  [regulate the carrying of a firearm by a person
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code,] in accordance with Section 411.209, Government
	Code, regulate the carrying of a firearm by any person;
	(4)  except as provided by Subsection (d), adopt or
	enforce a generally applicable land use regulation, fire code, or
	business regulation; or
	(5)  except as provided by Subsection (e), regulate or
	prohibit an employee's carrying or possession of a firearm, firearm
	accessory, or ammunition in the course of the employee's official
	duties.
	SECTION 45.  Section 1702.002(21), Occupations Code, is
	amended to read as follows:
	(21)  "Security officer commission" means an
	authorization issued by the department that entitles a security
	officer to carry a firearm as described by this chapter.
	SECTION 46.  Section 1702.169, Occupations Code, is amended
	to read as follows:
	Sec. 1702.169.  FIREARM RESTRICTIONS. A commissioned
	security officer other than a person acting as a personal
	protection officer may not carry a firearm while [unless:
	[(1)  the security officer is:
	[(A)]  engaged in the performance of duties as a
	security officer unless:
	(1)  [; or
	[(B)  traveling to or from the place of
	assignment;
	[(2)]  the security officer wears a distinctive uniform
	indicating that the individual is a security officer; and
	(2) [(3)]  the firearm is in plain view.
	SECTION 47.  Section 1702.206(a), Occupations Code, is
	amended to read as follows:
	(a)  An individual acting as and performing the duties of a
	personal protection officer may not carry a firearm unless the
	officer:
	(1)  is [either:
	[(A)]  engaged in the exclusive performance of the
	officer's duties as a personal protection officer for the employer
	under whom the officer's personal protection officer license is
	issued; [or
	[(B)  traveling to or from the officer's place of
	assignment;] and
	(2)  carries the officer's security officer commission
	and personal protection officer license on the officer's person
	while performing the officer's duties [or traveling] as described
	by Subdivision (1) and presents the commission and license on
	request.
	SECTION 48.  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
	otherwise prohibited by state or federal law 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 49.  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 50.  Section 287.001(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 [concealed] handgun [under the
	authority of Subchapter H, Chapter 411, Government Code].
	SECTION 51.  Section 9.31(b), Penal Code, is amended to read
	as follows:
	(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
	(5)  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 a firearm in violation of Section 46.03 or 46.035; or
	(B)  possessing or transporting a weapon in
	violation of Section 46.05.
	SECTION 52.  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 53.  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 54.  Sections 30.06(a), (c), (d), (e), (e-1), (e-2),
	(e-3), (f), and (g), 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.
	(e-1)  It is a defense to prosecution under this section
	that:
	(1)  the person [license holder] is:
	(A)  an owner of an apartment in a condominium
	regime governed by Chapter 81, Property Code;
	(B)  an owner of a condominium unit governed by
	Chapter 82, Property Code;
	(C)  a tenant or guest of an owner described by
	Paragraph (A) or (B); or
	(D)  a guest of a tenant of an owner described by
	Paragraph (A) or (B); and
	(2)  the person [license holder]:
	(A)  carries or stores a handgun in the
	condominium apartment or unit owner's apartment or unit;
	(B)  carries a handgun directly en route to or
	from the condominium apartment or unit owner's apartment or unit;
	(C)  carries a handgun directly en route to or
	from the person's [license holder's] vehicle located in a parking
	area provided for residents or guests of the condominium property;
	or
	(D)  carries or stores a handgun in the person's
	[license holder's] vehicle located in a parking area provided for
	residents or guests of the condominium property.
	(e-2)  It is a defense to prosecution under this section
	that:
	(1)  the person [license holder] is a tenant of a leased
	premises governed by Chapter 92, Property Code, or the tenant's
	guest; and
	(2)  the person [license holder]:
	(A)  carries or stores a handgun in the tenant's
	rental unit;
	(B)  carries a handgun directly en route to or
	from the tenant's rental unit;
	(C)  carries a handgun directly en route to or
	from the person's [license holder's] vehicle located in a parking
	area provided for tenants or guests by the landlord of the leased
	premises; or
	(D)  carries or stores a handgun in the person's
	[license holder's] vehicle located in a parking area provided for
	tenants or guests by the landlord of the leased premises.
	(e-3)  It is a defense to prosecution under this section
	that:
	(1)  the person [license holder] is a tenant of a
	manufactured home lot governed by Chapter 94, Property Code, or the
	tenant's guest; and
	(2)  the person [license holder]:
	(A)  carries or stores a handgun in the tenant's
	manufactured home;
	(B)  carries a handgun directly en route to or
	from the tenant's manufactured home;
	(C)  carries a handgun directly en route to or
	from the person's [license holder's] vehicle located in a parking
	area provided for tenants or tenants' guests by the landlord of the
	leased premises; or
	(D)  carries or stores a handgun in the person's
	[license holder's] vehicle located in a parking area provided for
	tenants or tenants' guests by the landlord of the leased premises.
	(f)  It is a defense to prosecution under this section that
	the person [license holder] is volunteer emergency services
	personnel, as defined by Section 46.01.
	(g)  It is a defense to prosecution under this section that
	the person [license holder] was personally given notice by oral
	communication described by Subsection (b) and promptly departed
	from the property.
	SECTION 55.  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 56.  Sections 30.07(a), (c), (d), (e), (e-1), (e-2),
	(e-3), (f), (g), and (h), 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.
	(e-1)  It is a defense to prosecution under this section
	that:
	(1)  the person [license holder] is:
	(A)  an owner of an apartment in a condominium
	regime governed by Chapter 81, Property Code;
	(B)  an owner of a condominium unit governed by
	Chapter 82, Property Code;
	(C)  a tenant or guest of an owner described by
	Paragraph (A) or (B); or
	(D)  a guest of a tenant of an owner described by
	Paragraph (A) or (B); and
	(2)  the person [license holder]:
	(A)  carries or stores a handgun in the
	condominium apartment or unit owner's apartment or unit;
	(B)  carries a handgun directly en route to or
	from the condominium apartment or unit owner's apartment or unit;
	(C)  carries a handgun directly en route to or
	from the person's [license holder's] vehicle located in a parking
	area provided for residents or guests of the condominium property;
	or
	(D)  carries or stores a handgun in the person's
	[license holder's] vehicle located in a parking area provided for
	residents or guests of the condominium property.
	(e-2)  It is a defense to prosecution under this section
	that:
	(1)  the person [license holder] is a tenant of a leased
	premises governed by Chapter 92, Property Code, or the tenant's
	guest; and
	(2)  the person [license holder]:
	(A)  carries or stores a handgun in the tenant's
	rental unit;
	(B)  carries a handgun directly en route to or
	from the tenant's rental unit;
	(C)  carries a handgun directly en route to or
	from the person's [license holder's] vehicle located in a parking
	area provided for tenants or guests by the landlord of the leased
	premises; or
	(D)  carries or stores a handgun in the person's
	[license holder's] vehicle located in a parking area provided for
	tenants or guests by the landlord of the leased premises.
	(e-3)  It is a defense to prosecution under this section
	that:
	(1)  the person [license holder] is a tenant of a
	manufactured home lot governed by Chapter 94, Property Code, or the
	tenant's guest; and
	(2)  the person [license holder]:
	(A)  carries or stores a handgun in the tenant's
	manufactured home;
	(B)  carries a handgun directly en route to or
	from the tenant's manufactured home;
	(C)  carries a handgun directly en route to or
	from the person's [license holder's] vehicle located in a parking
	area provided for tenants or tenants' guests by the landlord of the
	leased premises; or
	(D)  carries or stores a handgun in the person's
	[license holder's] vehicle located in a parking area provided for
	tenants or tenants' guests by the landlord of the leased premises.
	(f)  It is not a defense to prosecution under this section
	that the handgun was carried in a [shoulder or belt] holster.
	(g)  It is a defense to prosecution under this section that
	the person [license holder] is volunteer emergency services
	personnel, as defined by Section 46.01.
	(h)  It is a defense to prosecution under this section that
	the person [license holder] was personally given notice by oral
	communication described by Subsection (b) and promptly departed
	from the property.
	SECTION 57.  The following provisions are repealed:
	(1)  Sections 11.041 and 61.11, Alcoholic Beverage
	Code;
	(2)  Sections 11.61(e) and 61.71(f), Alcoholic
	Beverage Code;
	(3)  Sections 411.204(d) and 411.208(f), Government
	Code;
	(4)  Section 411.205, Government Code;
	(5)  Sections 46.02(a), (c), and (d), Penal Code;
	(6)  Section 46.035(f)(2), Penal Code;
	(7)  Section 46.035(a-1), Penal Code, as added by
	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
	Session, 2015;
	(8)  Section 46.035(a-1), Penal Code, as added by
	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
	Session, 2015;
	(9)  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007;
	(10)  Section 46.035(h-1), Penal Code, as added by
	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
	Session, 2007; and
	(11)  Sections 46.15(b), (d), (j), and (k), Penal Code.
	SECTION 58.  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 otherwise
	prohibited by state or federal law from possessing a firearm.
	SECTION 59.  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 60.  This Act takes effect September 1, 2021.