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SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN



SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN


411.171. Definitions


In this subchapter:


(1) "Action" means single action, revolver, or semi-automatic action.


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


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


(4) "Convicted" means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:


(A) expunged; or


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


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


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


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


(8) Repealed by Acts 1999, 76th Leg., ch. 62, 9.02(a), eff. Sept. 1, 1999.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.01(a), 9.02(a), eff. Sept. 1, 1999.


411.172. Eligibility


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


(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);


(2) is at least 21 years of age;


(3) has not been convicted of a felony;


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

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


(6) is not a chemically dependent person;


(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;


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


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


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


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


(12) has not been finally determined to be in default on a loan made under Chapter 57, Education Code;


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


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


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


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


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


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


(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.


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


(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;


(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:


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


(B) requires continuous medical treatment to avoid redevelopment;


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


(4) has entered in a criminal proceeding a plea of not guilty by reason of insanity.


(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):


(1) involuntary psychiatric hospitalization in the preceding five-year period;


(2) psychiatric hospitalization in the preceding two-year period;


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


(4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or


(5) 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:


(A) schizophrenia or delusional disorder;

(B) bipolar disorder;


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


(D) dissociative identity disorder;


(E) intermittent explosive disorder; or


(F) antisocial personality disorder.


(f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.03(a), 9.04(a), eff. Sept. 1, 1999.


411.173. Nonresident License


(a) The department by rule shall establish a procedure for a person who is a legal resident of a state that does not provide for the issuance of a license to carry a concealed handgun and who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant.


(b) The department shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state if the department determines that:


(1) the eligibility requirements imposed by the other state include background check requirements that meet or exceed background check requirements imposed by federal law as a condition of receiving a handgun; and


(2) the other state recognizes a license issued in this state.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 62, 9.05(a), eff. Sept. 1, 1999.


411.174. Application


(a) An applicant for a license to carry a concealed handgun must submit to the director's designee described by Section 411.176:


(1) a completed application on a form provided by the department that requires only the information listed in Subsection (b);


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


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


(4) proof of residency in this state;


(5) two complete sets of legible and classifiable fingerprints of the applicant taken by a person appropriately trained in recording fingerprints who is employed by a law enforcement agency or by a private entity designated by a law enforcement agency as an entity qualified to take fingerprints of an applicant for a license under this subchapter;


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


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


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


(A) has read and understands each provision of this subchapter that creates an offense under the laws of this state and each provision of the laws of this state related to use of deadly force; and


(B) fulfills all the eligibility requirements listed under Section 411.172; and


(9) a form executed by the applicant that authorizes the director to make an inquiry into any noncriminal history records that are necessary to determine the applicant's eligibility for a license under Section 411.172(a).


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


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


(2) race and sex;


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


(4) hair and eye color;


(5) height and weight;


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


(7) criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses; and


(8) history during the preceding five years, if any, of treatment received by, commitment to, or residence in:


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


(B) a psychiatric hospital.


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.06(a), eff. Sept. 1, 1999.


411.175. Request for Application Materials


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.176. Review of Application Materials


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


(b) The director's designee as needed shall conduct an additional criminal history record check of the applicant and an investigation of the applicant's local official records to verify the accuracy of the application materials. The scope of the record check and the investigation are at the sole discretion of the department, except that the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials. The department shall send a fingerprint card to the Federal Bureau of Investigation for a national criminal history check of the applicant. On completion of the investigation, the director's designee shall return all materials and the result of the investigation to the appropriate division of the department at its Austin headquarters. The director's designee may submit to the appropriate division of the department, at the department's Austin headquarters, along with the application materials a written recommendation for disapproval of the application, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of a ground for denial under Section 411.172. The director's designee in the appropriate geographical area may also submit the application and the recommendation that the license be issued. On receipt at the department's Austin headquarters of the application materials and the result of the investigation by the director's designee, the department shall conduct any further record check or investigation the department determines is necessary if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, except that the department shall complete the record check and investigation not later than the 180th day after the date the department receives the application materials from the applicant.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.07(a), eff. Sept. 1, 1999.


411.177. Issuance or Denial of License


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


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


(1) issue the license;


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


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


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


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


(3) notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the amount of time the department will need to make the determination.


(c) Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial.


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

Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.08(a), eff. Sept. 1, 1999.


411.178. Notice to Local Law Enforcement


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 1189, 14, eff. Sept. 1, 1999.


411.179. Form of License


(a) The department by rule shall adopt the form of the license. A license must include:


(1) a number assigned to the license holder by the department;


(2) a statement of the period for which the license is effective;


(3) a statement of the category or categories of handguns the license holder may carry as provided by Subsection (b);


(4) a color photograph of the license holder; and


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


(b) A category of handguns contains handguns that are not prohibited by law and are of certain actions. The categories of handguns are:


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.180. Notification of Denial, Revocation, or Suspension of License; Review


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


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


(c) The justice court shall determine if the denial, revocation, or suspension is supported by a preponderance of the evidence. Both the applicant or license holder and the department may present evidence. The court shall affirm the denial, revocation, or suspension if the court determines that denial, revocation, or suspension is supported by a preponderance of the evidence. If the court determines that the denial, revocation, or suspension is not supported by a preponderance of the evidence, the court shall order the department to immediately issue or return the license to the applicant or license holder.


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


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


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


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


(h) The department may use and introduce into evidence certified copies of governmental records to establish the existence of certain events that could result in the denial, revocation, or suspension of a license under this subchapter, including records regarding convictions, judicial findings regarding mental competency, judicial findings regarding chemical dependency, or other matters that may be established by governmental records that have been properly authenticated.


(i) This section does not apply to a suspension of a license under Section 85.022, Family Code, or Article 17.292, Code of Criminal Procedure.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 1412, 5, eff. Sept. 1, 1999.


411.181. Notice of Change of Address or Name


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


(1) former and new addresses; or


(2) former and new names.


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


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


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


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

(f) On request of a local law enforcement agency, the department shall notify the agency of changes made under Subsection (a) by license holders who reside in the county in which the agency is located.


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 1189, 15, eff. Sept. 1, 1999.


411.182. Notice


(a) For the purpose of a notice required by this subchapter, the department may assume that the address currently reported to the department by the applicant or license holder is the correct address.


(b) A written notice meets the requirements under this subchapter if the notice is sent by certified mail to the current address reported by the applicant or license holder to the department.


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.183. Expiration


(a) A license issued under this subchapter expires on the first birthday of the license holder occurring after the fourth anniversary of the date of issuance.


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

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


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


(e) Notwithstanding Subsection (a), the department by rule may adopt a system to implement staggered and evenly distributed license expiration dates over the four-year period beginning January 1, 1996. The department may not issue a license that is effective for less than two years. A license that is effective for less than four years and is renewed expires as provided by Subsection (b). Notwithstanding Section 411.174(a)(6), the department by rule shall prorate the nonrefundable application and license fee for applicants who receive licenses that are effective for less than four years under this subsection. This subsection expires January 1, 2005.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.184. Modification


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


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


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


(3) submit to the department:


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


(B) a copy of the handgun proficiency certificate;


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


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


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


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.185. Renewal


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


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


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


(3) submit to the department:


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


(B) a copy of the handgun proficiency certificate;


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


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


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


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


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

(1) the use of deadly force; and


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.186. Revocation


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


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


(2) gave false information on the application;


(3) subsequently becomes ineligible for a license under Section 411.172, unless the sole basis for the ineligibility is that the license holder is charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;


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


(5) is determined by the department to have engaged in conduct constituting a reason to suspend a license listed in Section 411.187(a) after the person's license has been previously suspended twice for the same reason.


(b) If a peace officer believes a reason listed in Subsection (a) to revoke a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the revocation of the license and giving the department all of the information available to the officer at the time of the preparation of the form. The officer shall attach the officer's reports relating to the license holder to the form and send the form and attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of revocation from the department, unless the license holder requests a hearing from the department. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the revocation as provided by Section 411.180. If a request is made for the justice court to review the revocation and hold a hearing, the license holder shall surrender the license on the date an order of revocation is entered by the justice court.

(c) A license holder whose license is revoked for a reason listed in this section may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.09(a), eff. Sept. 1, 1999.


411.187. Suspension of License


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


(1) is charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;


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


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


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


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


(6) commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or


(7) is arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure.


(b) If a peace officer believes a reason listed in Subsection (a) to suspend a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension of the license and giving the department all of the information available to the officer at the time of the preparation of the form. The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of suspension from the department unless the license holder requests a hearing from the department. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the suspension as provided by Section 411.180. If a request is made for the justice court to review the suspension and hold a hearing, the license holder shall surrender the license on the date an order of suspension is entered by the justice court.


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


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


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


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


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


(5) for the duration of or the period specified by:


(A) the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Subsection (a)(6); or


(B) the order for emergency protection issued under Article 17.292, Code of Criminal Procedure, if the person's license is subject to suspension for the reason listed in Subsection (a)(7).


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.10(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1412, 6, eff. Sept. 1, 1999.


411.188. Handgun Proficiency Requirement


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


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


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


(2) handgun use, proficiency, and safety;


(3) nonviolent dispute resolution; and


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


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


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


(2) other information the director determines is appropriate.


(d) Only a qualified handgun instructor may administer the proficiency examination to obtain or to renew a license. The proficiency examination must include:


(1) a written section on the subjects listed in Subsection (b); and


(2) a physical demonstration of proficiency in the use of one or more handguns of specific categories and in handgun safety procedures.


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


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


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


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a) eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.11(a), eff. Sept. 1, 1999.


411.189. Handgun Proficiency Certificate


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


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


(c) A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license, renewal, or modification of a license, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of facts that lead the instructor to believe that an applicant is not qualified for handgun proficiency certification. The department may use a written recommendation submitted under this subsection as the basis for denial of a license only if the department determines that the recommendation is made in good faith and is supported by a preponderance of the evidence. The department shall make a determination under this subsection not later than the 45th day after the date the department receives the written recommendation. The 60-day period in which the department must take action under Section 411.177(b) is extended one day for each day a determination is pending under this subsection.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.12(a), eff. Sept. 1, 1999.


411.190. Qualified Handgun Instructors


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


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


(2) regularly instructs others in the use of handguns and has graduated from a handgun instructor school that uses a nationally accepted course designed to train persons as handgun instructors; or


(3) is certified by the National Rifle Association of America as a handgun instructor.


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


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


(2) handgun use, proficiency, and safety;


(3) nonviolent dispute resolution; and

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


(c) In the manner applicable to a person who applies for a license to carry a concealed handgun, the department shall conduct a background check of a person who applies for certification as a qualified handgun instructor. 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. If the background check indicates that the applicant for certification would qualify to receive a handgun license, the department shall provide handgun instructor 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. The department shall issue a license to carry a concealed handgun under the authority of this subchapter to any person who is certified as a qualified handgun instructor and who pays to the department a fee of $100 in addition to the training fee. The department by rule may prorate or waive the training fee for an employee of another governmental entity.


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


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


(f) If the department determines that a reason exists to revoke, suspend, or deny a license to carry a concealed handgun with respect to a person who is a qualified handgun instructor or an applicant for certification as a qualified handgun instructor, the department shall take that action against the person's:


(1) license to carry a concealed handgun if the person is an applicant for or the holder of a license issued under this subchapter; and


(2) certification as a qualified handgun instructor.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.13(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 199, 1, eff. Sept. 1, 1999.


411.191. Review of Denial, Revocation, or Suspension of Certification as Qualified Handgun Instructor


The procedures for the review of a denial, revocation, or suspension of a license under Section 411.180 apply to the review of a denial, revocation, or suspension of certification as a qualified handgun instructor. The notice provisions of this subchapter relating to denial, revocation, or suspension of handgun licenses apply to the proposed denial, revocation, or suspension of a certification of a qualified handgun instructor or an applicant for certification as a qualified handgun instructor.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.192. Confidentiality of Records


The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. The department shall, on written request and payment of a reasonable fee to cover costs of copying, disclose to any other individual whether a named individual or any individual whose full name is listed on a specified written list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, and zip code. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552, except that the applicant or license holder may be furnished a copy of disclosable records on request and the payment of a reasonable fee. The department shall notify a license holder of any request that is made for information relating to the license holder under this section and provide the name of the person or agency making the request. This section does not prohibit the department from making public and distributing to the public at no cost lists of individuals who are certified as qualified handgun instructors by the department.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.193. Statistical Report


The department shall make available, on request and payment of a reasonable fee to cover costs of copying, a statistical report that includes the number of licenses issued, denied, revoked, or suspended by the department during the preceding month, listed by age, gender, race, and zip code of the applicant or license holder.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.194. Reduction of Fees Due to Indigency

(a) Notwithstanding any other provision of this subchapter, the department shall reduce by 50 percent any fee required for the issuance of an original, duplicate, modified, or renewed license under this subchapter if the department determines that the applicant is indigent.


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.195. Reduction of Fees for Senior Citizens


Notwithstanding any other provision of this subchapter, the department shall reduce by 50 percent any fee required for the issuance of an original, duplicate, or modified license under this subchapter if the applicant for the license is 60 years of age or older.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.196. Method of Payment


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.197. Rules


The director shall adopt rules to administer this subchapter.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.198. Law Enforcement Officer Alias Handgun License


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.199. Honorably Retired Peace Officers


(a) A person who is licensed as a peace officer under Chapter 415 and who has been employed full-time as a peace officer by a law enforcement agency may apply for a license under this subchapter at any time after retirement.


(b) The person shall submit two complete sets of legible and classifiable fingerprints and a sworn statement from the head of the law enforcement agency employing the applicant. A head of a law enforcement agency may not refuse to issue a statement under this subsection. If the applicant alleges that the statement is untrue, the department shall investigate the validity of the statement. The statement must include:


(1) the name and rank of the applicant;


(2) the status of the applicant before retirement;


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


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


(5) the type of weapons the applicant had demonstrated proficiency with during the last year of employment;


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


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


(c) The department may issue a license under this subchapter to an applicant under this section if the applicant is honorably retired and physically and emotionally fit to possess a handgun. In this subsection, "honorably retired" means the applicant:


(1) did not retire in lieu of any disciplinary action;


(2) was employed as a full-time peace officer for not less than 10 years by one agency; and


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


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


(e) A retired peace officer who obtains a license under this subchapter must maintain, for the category of weapon licensed, the proficiency required for a peace officer under Section 415.035. The department or a local law enforcement agency shall allow a retired peace officer of the department or agency an opportunity to annually demonstrate the required proficiency. The proficiency shall be reported to the department on application and renewal.


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


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


(1) retirement credentials; and


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 25, 1, eff. May 3, 1999; Acts 1999, 76th Leg., ch. 62, 9.14, eff. Sept. 1, 1999.


411.1991. Active Peace Officers


(a) A person who is licensed as a peace officer under Chapter 415 and is employed full-time as a peace officer by a law enforcement agency may apply for a license under this subchapter. The person shall submit to the department two complete sets of legible and classifiable fingerprints and a sworn statement of the head of the law enforcement agency employing the applicant. A head of a law enforcement agency may not refuse to issue a statement under this subsection. If the applicant alleges that the statement is untrue, the department shall investigate the validity of the statement. The statement must include:


(1) the name and rank of the applicant;


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


(3) a description of the physical and mental condition of the applicant;

(4) a list of the types of weapons the applicant has demonstrated proficiency with during the preceding year; and


(5) a recommendation from the agency head that a license be issued to the person under this subchapter.


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


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


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


Added by Acts 1999, 76th Leg., ch. 62, 9.15(a), eff. Sept. 1, 1999.


411.200. Application to Licensed Security Officers


This subchapter does not exempt a license holder who is also employed as a security officer and licensed under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) from the duty to comply with that Act or Section 46.02, Penal Code.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.201. Active and Retired Judicial Officers


(a) In this section:


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


(2) "Retired judicial officer" means:


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


(B) a senior judge designated under Section 75.001 or a judicial officer as designated or defined by Section 75.001, 831.001, or 836.001.


(b) Notwithstanding any other provision of this subchapter, the department shall issue a license under this subchapter to an active or retired judicial officer who meets the requirements of this section.


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


(1) has not been convicted of a felony;


(2) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor;


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


(4) is not a chemically dependent person; and


(5) is not a person of unsound mind.


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


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


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


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


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


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


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


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


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


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

(2) if the applicant is a retired judicial officer, conduct an appropriate background investigation to determine the applicant's eligibility for the license and, if the applicant is eligible, issue a license to carry a concealed handgun under the authority of this subchapter.


(f) Except as otherwise provided by this subsection, an applicant for a license under this section must satisfy the handgun proficiency requirements of Section 411.188. The classroom instruction part of the proficiency course for an active judicial officer is not subject to a minimum hour requirement. The instruction must include instruction only on:


(1) handgun use, proficiency, and safety; and


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


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


(h) The department shall issue a license to carry a concealed handgun under the authority of this subchapter to an elected attorney representing the state in the prosecution of felony cases who meets the requirements of this section for an active judicial officer. The department shall waive any fee required for the issuance of an original, duplicate, or renewed license under this subchapter for an applicant who is an attorney elected or employed to represent the state in the prosecution of felony cases.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.202. License a Benefit


The issuance of a license under this subchapter is a benefit to the license holder for purposes of those sections of the Penal Code to which the definition of "benefit" under Section 1.07, Penal Code, applies.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.203. Rights of Employers


This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business.

Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.204. Notice Required on Certain Premises


(a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).


(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".


(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person 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.


(d) A business that has a permit or license issued under the Alcoholic Beverage Code and that is not required to display a sign under this section may be required to display a sign under Section 11.041 or 61.11, Alcoholic Beverage Code.


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.16(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 523, 1, eff. June 18, 1999.


411.205. Displaying License; Penalty


(a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


Amended by Acts 1999, 76th Leg., ch. 62, 9.17(a), eff. Sept. 1, 1999.


411.206. Seizure of Handgun and License


(a) If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence.


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


(c) Any judgment of conviction entered by any court for an offense under Section 46.035, Penal Code, must contain the handgun license number of the convicted license holder. A certified copy of the judgment is conclusive and sufficient evidence to justify revocation of a license under Section 411.186(a)(4).


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.207. Authority of Peace Officer to Disarm


A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.


411.208. Limitation of Liability


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


(1) an action authorized under this subchapter or a failure to perform a duty imposed by this subchapter; or


(2) the actions of an applicant or license holder that occur after the applicant has received a license or been denied a license under this subchapter.


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


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


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


Added by Acts 1997, 75th Leg., ch. 165, 10.01(a), eff. Sept. 1, 1997.

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