TEXAS CONCEALED HANDGUN LICENSE LAWS

TEXAS

CONCEALED HANDGUN

LICENSE

LAWS

AND SELECTED STATUTES

2013 - 2014

issued by

Texas Department of Public Safety

Austin, Texas

CHL-16 (revised) June 2014

This publication contains laws created and amended as the result of the passage

of bills by the 83

Texas Legislature. The changes in the laws contained in

this booklet are effective Sept. 1, 2013, unless otherwise noted. The statutes

provided in this booklet have been downloaded from Texas Statutes Online at

www.statutes.legis.state.tx.us.

Concealed Handgun Licensing MSC 0245

Regulatory Services Division

Texas Department of Public Safety

Mail including payments: Mail without payments:

P.O. Box 15888 P.O. Box 4087

Austin, Texas 78761-5888 Austin, Texas 78773-0245

(512) 424-7293

www.dps.texas.gov

Secured Email

www.dps.texas.gov/rsd/contact

Texas Administrative Code

www.sos.state.tx.us/tac

Texas Legislature Online

www.capitol.state.tx.us

CONTENTS

Page

Government Code, Chapter 411 ...................................... 4

Penal Code .................................................................... 32

Alcoholic Beverage Code .............................................. 54

Civil Practice and Remedies Code .................................. 56

Code of Criminal Procedure ........................................... 56

Education Code ............................................................ 59

Family Code ................................................................. 62

Health and Safety Code ................................................. 64

Human Resource Code ................................................. 65

Labor Code ...................................................................65

Local Government Code ................................................ 67

Occupations Code ........................................................ 68

Parks and Wildlife Code ................................................. 70

GOVERNMENT CODE

Chapter 411 DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

Subchapter D

Administrative Division

GC §411.047. REPORTING RELATED TO CONCEALED HANDGUN

INCIDENTS. (a) The department may maintain statistics on its website related to

responses by law enforcement agencies to incidents in which a person licensed

to carry a handgun under Subchapter H is convicted of an offense only if the

offense is prohibited under Subchapter H or under Title 5, Chapter 29, Chapter

46, or Section 30.02, Penal Code.

(b) Such statistics shall be drawn and reported annually from the Department of

Public Safety computerized criminal history le on persons 21 years of age and

older and shall be compared in numerical and graphical format to all like offenses

committed in the state for the reporting period as a percentage of the total of

such reported offenses.

make reports to the department described by Subsection (a).

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Last amended by Acts 2001, 77th Leg., ch. 1146, Sec. 1, eff. Sept. 1, 2001.

Subchapter H

License to Carry a Concealed Handgun

GC §411.171. DEFINITIONS. In this subchapter:

(1) Repealed by Acts 2013, 83

Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14,

2013.

(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 xed 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, except as provided in

Section 411.1711, 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;

(B) pardoned under the authority of a state or federal ofcial; or

under any state or federal law.

(4-a) “Federal judge” means:

(A) a judge of a United States court of appeals;

(B) a judge of a United States district court;

(D) a magistrate judge of a United States district court.

(4-b) “State judge” means:

TEXAS CONCEALED HANDGUN LAWS

(A) the judge of an appellate court, a district court, or a county court at law

of this state;

(B) an associate judge appointed under Chapter 201, Family Code; or

(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) “Qualied handgun instructor” means a person who is certied to instruct in

the use of handguns by the department.

(8) Repealed by Acts 1999, 76

Leg., ch. 62, Sec. 9.02(a), eff. Sept. 1, 1999.

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14(1), eff. June

14, 2013.

GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is

not convicted, as that term is dened by Section 411.171, if an order of deferred

adjudication was entered against the person on a date not less than 10 years

preceding the date of the person’s application for a license under this subchapter

unless the order of deferred adjudication was entered against the person for:

(1) a felony offense under:

(A) Title 5, Penal Code;

(B) Chapter 29, Penal Code;

(D) Section 30.02, Penal Code, if the offense is punishable under

Subsection (c)(2) or (d) of that section; or

(2) an offense under the laws of another state if the offense contains elements

that are substantially similar to the elements of an offense listed in Subdivision

(1).

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1,

2013.

GC §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 equivalent offense, or of an offense under Section 42.01, Penal Code, or

equivalent offense, 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 or equivalent offense;

(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 ve years preceding the date of application, been convicted

of a Class A or Class B misdemeanor or equivalent offense or of an offense

under Section 42.01, Penal Code, or equivalent offense;

(9) is fully qualied under applicable federal and state law to purchase a

handgun;

(10) has not been nally determined to be delinquent in making a child support

payment administered or collected by the attorney general;

(11) has not been nally 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) 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;

(13) 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

(14) has not made any material misrepresentation, or failed to disclose any

material fact, in an application submitted pursuant to Section 411.174.

(b) For the purposes of this section, an offense under the laws of this state,

another state, or the United States is:

(1) except as provided by Subsection (b-1), a felony if the offense, at the time

the offense is committed:

(A) is designated by a law of this state as a felony;

(B) contains all the elements of an offense designated by a law of this state

as a felony; or

(2) a Class A misdemeanor if the offense is not a felony and connement in a

jail other than a state jail felony facility is afxed as a possible punishment.

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at

the time of a person’s application for a license to carry a concealed handgun, the

offense:

(1) is not designated by a law of this state as a felony; and

(2) does not contain all the elements of any offense designated by a law of this

state as a felony.

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 qualied to receive

a license under this subchapter. This subsection does not preclude the

disqualication 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, determined by a review

board or similar authority, or declared by a court to be incompetent to manage

the person’s own affairs; or

TEXAS CONCEALED HANDGUN LAWS

(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;

(2) psychiatric hospitalization;

(3) inpatient or residential substance abuse treatment in the preceding ve-

year period;

(4) diagnosis in the preceding ve-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;

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 certicate from a licensed

physician whose primary practice is in the eld of psychiatry stating that the

psychiatric disorder or condition is in remission and is not reasonably likely to

develop at a future time.

(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age

but not yet 21 years of age is eligible for a license to carry a concealed handgun

if the person:

(1) is a member or veteran of the United States armed forces, including a

member or veteran of the reserves or national guard;

(2) was discharged under honorable conditions, if discharged from the United

States armed forces, reserves, or national guard; and

(3) meets the other eligibility requirements of Subsection (a) except for the

minimum age required by federal law to purchase a handgun.

(h) The issuance of a license to carry a concealed handgun to a person eligible

under Subsection (g) does not affect the person’s ability to purchase a handgun

or ammunition under federal law.

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Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.03, eff.

September 1, 2009.

GC §411.173. NON-RESIDENT LICENSE. (a) The department by rule shall

establish a procedure for a person 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 if the person is a legal

resident of another state or if the person relocates to this state with the intent

to establish residency in this state. The procedure must include payment of a

fee in an amount sufcient to recover the average cost to the department of

obtaining a criminal history record check and investigation on a nonresident

applicant. A license issued in accordance with the procedure established under

this subsection:

(1) remains in effect until the license expires under Section 411.183; and

(2) may be renewed under Section 411.185.

(b) The governor 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 or shall issue a proclamation

that a license issued by the other state is recognized in this state if the attorney

general of the State of Texas determines that a background check of each

applicant for a license issued by that state is initiated by state or local authorities

or an agent of the state or local authorities before the license is issued. For

purposes of this subsection, “background check” means a search of the National

Crime Information Center database and the Interstate Identication Index

maintained by the Federal Bureau of Investigation.

(1) submit a report to the governor, lieutenant governor, and speaker of the

house of representatives listing the states the attorney general has determined

qualify for recognition under Subsection (b); and

(2) review the statutes of states that the attorney general has determined

do not qualify for recognition under Subsection (b) to determine the changes

to their statutes that are necessary to qualify for recognition under that

subsection.

(d) The attorney general of the State of Texas shall submit the report required by

Subsection (c)(1) not later than January 1 of each calendar year.

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Last amended by Acts 2005, 79th Leg., Ch. 915 (H.B. 225), Sec. 4, eff. September 1, 2005.

GC §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) one or more photographs of the applicant that meet the requirements of

the department;

(3) a certied copy of the applicant’s birth certicate or certied proof of age;

(4) proof of residency in this state;

(5) two complete sets of legible and classiable ngerprints of the applicant

taken by a person appropriately trained in recording ngerprints who is

employed by a law enforcement agency or by a private entity designated by

a law enforcement agency as an entity qualied to take ngerprints of an

applicant for a license under this subchapter;

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

department;

(7) evidence of handgun prociency, in the form and manner required by the

department;

(8) an afdavit 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

TEXAS CONCEALED HANDGUN LAWS

(B) fullls 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 ve years;

(4) hair and eye color;

(5) height and weight;

(6) driver’s license number or identication certicate 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, 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, but only if the

treatment, commitment, or residence occurred during the preceding ve

years; or

(B) a psychiatric hospital.

(b-1) The application must provide space for the applicant to:

(1) list any military service that may qualify the applicant to receive a license

with a veteran’s designation under Section 411.179(e); and

(2) include proof required by the department to determine the applicant’s

eligibility to receive that designation.

application materials.

(d) The department may not request or require an applicant to provide the

applicant’s social security number as part of an application under this section.

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 665 (H.B. 1349), Sec. 2, eff. January 1,

2014.

GC §411.175. PROCEDURES FOR SUBMITTING FINGERPRINTS. The

department shall establish procedures for the submission of legible and

classiable ngerprints by an applicant for a license under this subchapter who:

(1) is required to submit those ngerprints to the department, including an

applicant under Section 411.199, 411.1991, or 411.201; and

(2) resides in a county having a population of 46,000 or less and does not

reside within a 25-mile radius of a facility with the capability to process digital or

electronic ngerprints.

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Added by Acts 2013, 83

Leg., R.S., Ch. 874 (H.B. 698), Sec. 1, eff. September 1, 2013.

GC §411.176. REVIEW OF APPLICATION MATERIALS. (a) On receipt

of 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). For purposes of this section, the

director’s designee may be a noncommissioned employee of the department.

(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

ofcial records to verify the accuracy of the application materials.The director’s

designee may access any records necessary for purposes of this subsection.

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 60

day after the date the department

receives the application materials. The department shall send a ngerprint 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.

department, at the department’s Austin headquarters, along with the application

materials a written recommendation for disapproval of the application,

accompanied by an afdavit stating personal knowledge or naming persons with

personal knowledge of a ground for denial under Section 411.172. The director’s

designee may also submit the application and the recommendation that the

license be issued.

(d) 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 180

day after the date the department receives the application materials

from the applicant.

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Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.05, eff.

September 1, 2009.

GC §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 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 60

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 afdavit of the director’s designee submitted to the

TEXAS CONCEALED HANDGUN LAWS

department under Section 411.176(c); or

the department under Section 411.188(k); 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

notication an explanation of the reason for the inability and an estimation of

the amount of time the department will need to make the determination.

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.

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 5, eff. June 14,

2013.

GC §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.

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Last amended by Acts 1999, 76th Leg., ch. 1189, Sec. 14, eff. September 1, 1999.

GC §411.179. FORM OF LICENSE.

Text of subsection as amended by Acts 2013, 83

Leg., R.S., Ch. 1302 (H.B.

3142), Sec. 6

(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 color photograph of the license holder;

(4) the license holder’s full name, date of birth, hair and eye color, height,

weight, and signature;

(5) the license holder’s residence address or, as provided by Subsection (d),

the street address of the courthouse in which the license holder or license

holder’s spouse serves as a federal judge or the license holder serves as a

state judge; and

(6) the number of a driver’s license or an identication certicate issued to the

license holder by the department.

Text of subsection as amended by Acts 2013, 83

Leg., R.S., Ch. 396 (S.B. 164),

Sec. 2

(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;

(5) the license holder’s full name, date of birth, hair and eye color, height,

weight, and signature;

(6) the license holder’s residence address or, as provided by Subsection (d),

the street address of the courthouse in which the license holder or license

holder’s spouse serves as a federal judge or the license holder serves as a

state judge;

(7) the number of a driver’s license or an identication certicate issued to the

license holder by the department; and

(8) the designation “VETERAN” if required under Subsection (e).

(b) Repealed by Acts 2013, 83

Leg., R.S., Ch. 1302, Sec. 14(2), eff. June 14,

2013.

shall establish a procedure for the license of a qualied handgun instructor or

of a judge, justice, prosecuting attorney, or assistant prosecuting attorney, as

described by Section 46.15(a)(4) or (6), Penal Code, to indicate on the license

the license holder’s status as a qualied handgun instructor or as a judge, justice,

district attorney, criminal district attorney, or county attorney. In establishing the

procedure, the department shall require sufcient documentary evidence to

establish the license holder’s status under this subsection.

(d) In adopting the form of the license under Subsection (a), the department

shall establish a procedure for the license of a federal judge, a state judge,

or the spouse of a federal judge or state judge to omit the license holder’s

residence address and to include, in lieu of that address, the street address of

the courthouse in which the license holder or license holder’s spouse serves as a

federal judge or state judge. In establishing the procedure, the department shall

require sufcient documentary evidence to establish the license holder’s status

as a federal judge, a state judge, or the spouse of a federal judge or state judge.

(e) In this subsection, “veteran” has the meaning assigned by Section 411.1951.

The department shall include the designation “VETERAN” on the face of any

original, duplicate, modied, or renewed license under this subchapter or on the

reverse side of the license, as determined by the department, if the license is

issued to a veteran who:

(1) requests the designation; and

(2) provides proof sufcient to the department of the veteran’s military service

and honorable discharge.

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 396 (S.B. 164), Sec. 2, eff. September

1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 6, eff. June 14, 2013. Acts

2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14(2), eff. June 14, 2013.

GC §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 30

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 30

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

TEXAS CONCEALED HANDGUN LAWS

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 ofcer.

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 le 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.

supported by a preponderance of the evidence. Both the applicant or license

holder and the department may present evidence. The court shall afrm 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 ling 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 certied

mail a copy of the person’s petition, certied by the clerk of the court in which

the petition is led, 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 nal and a revocation or suspension takes effect on the 30

day after

receipt of written notice.

(h) The department may use and introduce into evidence certied 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 ndings regarding mental

competency, judicial ndings 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.

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Last amended by Acts 1999, 76th Leg., ch. 1412, Sec. 5, eff. September 1, 1999.

GC §411.181. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a person

who is a current license holder moves from any residence address stated on the

license, if the name of the person is changed by marriage or otherwise, or if the

person’s status becomes inapplicable for purposes of the information required

to be displayed on the license under Section 411.179, the person shall, not later

than the 30

day after the date of the address, name, or status change, notify the

department and provide the department with the number of the person’s license

and, as applicable, the person’s:

(1) former and new addresses;

(2) former and new names; or

(3) former and new status.

(b) If the name of the license holder is changed by marriage or otherwise, or if

the person’s status becomes inapplicable as described by Subsection (a), the

person shall apply for a duplicate license. The duplicate license must reect the

person’s current name, residence address, and status.

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 30

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 modied information included on the new license. The applicant must pay

only the nonrefundable renewal fee.

(i) A license holder whose application fee for a duplicate license under this

section is dishonored or reversed may reapply for a duplicate license at any time,

provided the application fee and a dishonored payment charge of $25 is paid by

cashier’s check or money order made payable to the “Texas Department of Public

Safety.”

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.08, eff.

September 1, 2009.

GC §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 certied mail to the current address reported by the applicant or license

holder to the department.

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 31

day after the date the notice is published, the department may take

TEXAS CONCEALED HANDGUN LAWS

the action proposed in the notice.

---

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

GC §411.183. EXPIRATION. (a) A license issued under this subchapter expires

on the rst 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, ve years after

the date of the expiration of the previous license.

have expired.

(d) A modied license expires on the date the license that was modied would

have expired.

---

Last amended by Acts 2005, 79th Leg., Ch. 915 (H.B. 225), Sec. 3, eff. September 1, 2005.

GC §411.185. LICENSE RENEWAL PROCEDURE.

Text of subsection as amended by Acts 2013, 83

Leg., R.S., Ch. 156, Sec. 1

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

(1) complete a handgun prociency course under Section 411.188(a) within

the six-month period preceding:

(A) the date of application for renewal, for a rst or second renewal; and

(B) the date of application for renewal or the date of application for the

preceding renewal, for a third or subsequent renewal, to ensure that the

license holder is not required to complete the course more than once in any

10-year period; and

(2) submit to the department:

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

(B) evidence of handgun prociency, in the form and manner required by the

department;

(D) one or more photographs of the applicant that meet the requirements of

the department.

Text of subsection as amended by Acts 2013, 83

Leg., R.S., Ch. 1387, Sec. 1

(a) To renew a license, a license holder must, on or before the date the license

expires, submit to the department by mail or, in accordance with the procedure

adopted under Subsection (f), on the Internet:

(1) a renewal application on a form provided by the department;

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

(3) the informational form described by Subsection (c) signed or electronically

acknowledged by 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 sufcient to cover the actual

cost to the department to:

(1) verify the information contained in the renewal application form;

(2) conduct any necessary investigation concerning the license holder’s

continued eligibility to hold a license; and

(3) issue the renewed license.

law regarding the use of deadly force and the places where it is unlawful for the

holder of a license issued under this subchapter to carry a concealed handgun.

An applicant for a renewed license must sign and return the informational form

to the department by mail or acknowledge the form electronically on the Internet

according to the procedure adopted under Subsection (f).

(d) Not later than the 60

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, a renewal application form, and the informational form described by

Subsection (c).

Text of subsection as added by Acts 2013, 83

Leg., R.S., Ch. 665, Sec. 3

(e) The department may not request or require a license holder to provide the

license holder’s social security number to renew a license under this section.

Text of subsection as added by Acts 2013, 83

Leg., R.S., Ch. 1387, Sec. 1

(e) The department shall renew the license of a license holder who meets all the

eligibility requirements to continue to hold a license and submits all the renewal

materials described by Subsection (a). Not later than the 45

day after receipt of

the renewal materials, the department shall issue the renewed license or notify

the license holder in writing that the department denied the license holder’s

renewal application.

(f) The director by rule shall adopt a procedure by which a license holder who

satises the eligibility requirements to continue to hold a license may submit the

renewal materials described by Subsection (a) by mail or on the Internet.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 1, eff. September 1,

2013.

GC §411.186. REVOCATION. (a) The department shall revoke a license under

this section if the license holder:

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

(2) made a material misrepresentation or failed to disclose a material fact in an

application submitted under this subchapter;

(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 equivalent

offense, or of an offense under Section 42.01, Penal Code, or equivalent

offense, or of a felony under an information or indictment;

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

(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; or

(6) submits an application fee that is dishonored or reversed if the applicant

fails to submit a cashier’s check or money order made payable to the

“Department of Public Safety of the State of Texas” in the amount of the

dishonored or reversed fee, plus $25, within 30 days of being notied by the

department that the fee was dishonored or reversed.

(b) If a peace ofcer believes a reason listed in Subsection (a) to revoke a

license exists, the ofcer shall prepare an afdavit 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 ofcer at the time of the

preparation of the form. The ofcer shall attach the ofcer’s reports relating to the

TEXAS CONCEALED HANDGUN LAWS

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 fth

working day after the date the form is prepared. The ofcer 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 10

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.

(a)(1)(5) 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.

(d) A license holder whose license is revoked under Subsection (a)(6) may

reapply for an original or renewed license at any time, provided the application

fee and a dishonored payment charge of $25 is paid by cashier’s check or money

order made payable to the “Texas Department of Public Safety.”

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.11, eff.

September 1, 2009.

GC §411.187. SUSPENSION OF LICENSE. (a) The department shall suspend a

license under this section if the license holder:

(1) is charged with the commission of a Class A or Class B misdemeanor

or equivalent offense, or of an offense under Section 42.01, Penal Code, or

equivalent offense, or of a felony under an information or indictment;

(2) fails to notify the department of a change of address, name, or status as

required by Section 411.181;

(3) commits an act of family violence and is the subject of an active protective

order rendered under Title 4, Family Code; or

(4) 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 ofcer believes a reason listed in Subsection (a) to suspend a

license exists, the ofcer shall prepare an afdavit 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 ofcer at the time of the

preparation of the form. The ofcer shall attach the ofcer’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 fth working day after the date the form is prepared. The ofcer 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 10

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.

(1) for 30 days, if the person’s license is subject to suspension for a reason

listed in Subsection (a)(2), (3), or (4), except as provided by Subdivision (2);

(2) for not less than one year and not more than three years, if the person’s

license:

(A) is subject to suspension for a reason listed in Subsection (a), other than

the reason listed in Subsection (a)(1); and

(B) has been previously suspended for the same reason;

(3) until dismissal of the charges, if the person’s license is subject to

suspension for the reason listed in Subsection (a)(1); or

(4) for the duration of or the period specied 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)(5); 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)(6).

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 7, eff. June 14,

2013.

GC §411.1871. NOTICE OF SUSPENSION OR REVOCATION OF CERTAIN

LICENSES. The department shall notify the Texas Commission on Law

Enforcement if the department takes any action against the license of a person

identied by the commission as a person certied under Section 1701.260,

Occupations Code, including suspension or revocation.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 655 (H.B. 1009), Sec. 4, eff. June 14, 2013.

GC §411.188. HANDGUN PROFICIENCY REQUIREMENT. (a) The director by

rule shall establish minimum standards for handgun prociency and shall develop

a course to teach handgun prociency and examinations to measure handgun

prociency. The course to teach handgun prociency is required for each person

who seeks to obtain or renew a license and 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 prociently use a handgun. An

applicant must be able to demonstrate, at a minimum, the degree of prociency

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 qualied handgun instructor.

(b) Only qualied handgun instructors may administer the classroom instruction

TEXAS CONCEALED HANDGUN LAWS

part or the range instruction part of the handgun prociency course. The

classroom instruction part of the course must include not less than four hours

and not more than six hours of instruction on:

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

(2) handgun use 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.

Leg., R.S., Ch. 156 (S.B. 864), Sec. 3, and Ch.

1387 (H.B. 48), Sec. 5, eff. September 1, 2013.

(d) Only a qualied handgun instructor may administer the prociency

examination to obtain a license. The prociency examination must include:

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

(2) a physical demonstration of prociency in the use of one or more

handguns and in handgun safety procedures.

(e) Repealed by Acts 2013, 83

Leg., R.S., Ch. 1302, Sec. 14(4), eff. June 14,

2013.

(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 a license to carry a concealed handgun must

apply in person to a qualied handgun instructor to take the appropriate course

in handgun prociency and demonstrate handgun prociency as required by the

department.

(h) Repealed by Acts 2013, 83

Leg., R.S., Ch. 1302, Sec. 14(4), eff. June 14,

2013.

(i) A certied rearms instructor of the department may monitor any class

or training presented by a qualied handgun instructor. A qualied handgun

instructor shall cooperate with the department in the department’s efforts

to monitor the presentation of training by the qualied handgun instructor.

A qualied handgun instructor shall make available for inspection to the

department any and all records maintained by a qualied handgun instructor

under this subchapter. The qualied handgun instructor shall keep a record of all

information required by department rule.

Without reference to the amendment of this subsection, this subsection

was repealed by Acts 2013, 83

Leg., R.S., Ch. 1387 (H.B. 48), Sec. 5, eff.

September 1, 2013.

(j) For license holders seeking to renew their licenses, the department may

offer online, or allow a qualied handgun instructor to offer online, the classroom

instruction part of the handgun prociency course and the written section of the

prociency examination.

(k) A qualied handgun instructor may submit to the department a written

recommendation for disapproval of the application for a license or modication

of a license, accompanied by an afdavit stating personal knowledge or naming

persons with personal knowledge of facts that lead the instructor to believe that

an applicant does not possess the required handgun prociency. 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

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.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 5, eff. September 1,

2013.

GC §411.1881. EXEMPTION FROM INSTRUCTION FOR CERTAIN PERSONS.

(a) Notwithstanding any other provision of this subchapter, a person may not

be required to complete the range instruction portion of a handgun prociency

course to obtain a license issued under this subchapter if the person:

(1) is currently serving in or is honorably discharged from:

(A) the army, navy, air force, coast guard, or marine corps of the United

States or an auxiliary service or reserve unit of one of those branches of the

armed forces; or

(B) the Texas military forces, as dened by Section 437.001; and

(2) has, within the ve years preceding the date of the person’s application

for the license, completed a course of training in handgun prociency or

familiarization as part of the person’s service with the armed forces or Texas

military forces.

(b) The director by rule shall adopt a procedure by which a license holder who is

exempt under Subsection (a) from the range instruction portion of the handgun

prociency requirement may submit a form demonstrating the license holder’s

qualication for an exemption under that subsection. The form must provide

sufcient information to allow the department to verify whether the license holder

qualies for the exemption.

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 3, eff. September 1,

2013.

GC §411.1882. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN

PERSONS. (a) A person who is serving in this state as a judge or justice of a

federal court, as an active judicial ofcer, as dened by Section 411.201, or as

a district attorney, assistant district attorney, criminal district attorney, assistant

criminal district attorney, county attorney, or assistant county attorney may

establish handgun prociency for the purposes of this subchapter by obtaining

from a handgun prociency instructor approved by the Texas Commission on

Law Enforcement for purposes of Section 1702.1675, Occupations Code, a

sworn statement that indicates that the person, during the 12-month period

preceding the date of the person’s application to the department, demonstrated

to the instructor prociency in the use of handguns.

(b) The director by rule shall adopt a procedure by which a person described

under Subsection (a) may submit a form demonstrating the person’s qualication

for an exemption under that subsection. The form must provide sufcient

information to allow the department to verify whether the person qualies for the

exemption.

anniversary of the date the person’s status under Subsection (a) becomes

TEXAS CONCEALED HANDGUN LAWS

inapplicable. A license that expires under this subsection may be renewed under

Section 411.185.

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 9, eff. June 14,

2013.

GC §411.190. QUALIFIED HANDGUN INSTRUCTORS. (a) The director may

certify as a qualied handgun instructor a person who:

(1) is certied by the Texas Commission on Law Enforcement or under

Chapter 1702, Occupations Code, 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 certied by the National Rie Association of America as a handgun

instructor.

(b) In addition to the qualications described by Subsection (a), a qualied

handgun instructor must be qualied to instruct persons in:

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

(2) handgun use, prociency, 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.

concealed handgun, the department shall conduct a background check of a

person who applies for certication as a qualied handgun instructor. If the

background check indicates that the applicant for certication would not qualify

to receive a handgun license, the department may not certify the applicant as a

qualied handgun instructor. If the background check indicates that the applicant

for certication 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 qualied handgun

instructor. The department shall issue a license to carry a concealed handgun

under the authority of this subchapter to any person who is certied as a qualied

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 certication of a qualied handgun instructor expires on the second

anniversary after the date of certication. To renew a certication, the qualied

handgun instructor must pay a fee of $100 and take and successfully complete

the retraining courses required by department rule.

(d-1) The department shall ensure that an applicant may renew certication

under Subsection (d) from any county in this state by using an online format to

complete the required retraining courses if:

(1) the applicant is renewing certication for the rst time; or

(2) the applicant completed the required retraining courses in person the

previous time the applicant renewed certication.

(e) After certication, a qualied 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 qualied handgun instructor or an applicant for certication as a qualied

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) certication as a qualied handgun instructor.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.25, eff. May 18,

2013.

GC §411.1901. SCHOOL SAFETY CERTIFICATION FOR QUALIFIED

HANDGUN INSTRUCTORS. (a) The department shall establish a process to

enable qualied handgun instructors certied under Section 411.190 to obtain an

additional certication in school safety. The process must include a school safety

certication course that provides training in the following:

(1) the protection of students;

(2) interaction of license holders with rst responders;

(3) tactics for denying an intruder entry into a classroom or school facility; and

(4) methods for increasing a license holder’s accuracy with a handgun while

under duress.

(b) The school safety certication course under Subsection (a) must include not

less than 15 hours and not more than 20 hours of instruction.

may provide school safety training, including instruction in the subjects listed

under Subsection (a), to employees of a school district or an open-enrollment

charter school who hold a license to carry a concealed handgun issued under this

subchapter.

(d) The department shall establish a fee in an amount that is sufcient to cover

the costs of the school safety certication under this section.

(e) The department may adopt rules to administer this section.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 498 (S.B. 1857), Sec. 1, eff. September 1, 2013.

GC §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 certication

as a qualied 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 certication of a qualied handgun

instructor or an applicant for certication as a qualied handgun instructor.

---

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

GC §411.192. CONFIDENTIALITY OF RECORDS. (a) The department shall

disclose to a criminal justice agency information contained in its les and records

regarding whether a named individual or any individual named in a specied

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, zip code, telephone number, e-mail address, and Internet website address.

TEXAS CONCEALED HANDGUN LAWS

Except as otherwise provided by this section and by Section 411.193, all other

records maintained under this subchapter are condential and are not subject to

mandatory disclosure under the open records law, Chapter 552.

(b) An applicant or license holder may be furnished a copy of disclosable records

regarding the applicant or license holder on request and the payment of a

reasonable fee.

information relating to the license holder under this section and provide the name

of the agency making the request.

(d) The department shall make public and distribute to the public at no cost

lists of individuals who are certied as qualied handgun instructors by the

department and who request to be included as provided by Subsection (e). The

department shall include on the lists each individual’s name, telephone number,

e-mail address, and Internet website address. The department shall make the list

available on the department’s Internet website.

(e) An individual who is certied as a qualied handgun instructor may request

in writing that the department disclose all or part of the information described by

Subsection (d) regarding the individual. The department shall include all or part of

the individual’s information on the list as requested.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.03, eff.

September 1, 2009.

GC §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, Sec. 10.01(a), eff. September 1, 1997.

GC §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,

modied, 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.

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, Sec. 10.01(a), eff. September 1, 1997.

GC §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, modied, or renewed

license under this subchapter if the applicant for the license is 60 years of age or

older.

---

Last amended by Acts 2005, 79th Leg., Ch. 289 (H.B. 1038), Sec. 1, eff. September 1,

2005.

GC §411.1951. WAIVER OR REDUCTION OF FEES FOR MEMBERS OR

VETERANS OF UNITED STATES ARMED FORCES. (a) In this section,

“veteran” means a person who:

(1) has served in:

(A) the army, navy, air force, coast guard, or marine corps of the United

States;

(B) the Texas military forces as dened by Section 437.001; or

(2) has been honorably discharged from the branch of the service in which the

person served.

(b) Notwithstanding any other provision of this subchapter, the department shall

waive any fee required for the issuance of an original, duplicate, modied, or

renewed license under this subchapter if the applicant for the license is:

(1) a member of the United States armed forces, including a member of the

reserves, national guard, or state guard; or

(2) a veteran who, within 365 days preceding the date of the application, was

honorably discharged from the branch of service in which the person served.

a veteran who, more than 365 days preceding the date of the application, was

honorably discharged from the branch of the service in which the applicant

served:

(1) the applicant must pay a fee of $25 for the issuance of an original or

renewed license under this subchapter; and

(2) the department shall reduce by 50 percent any fee required of the applicant

for a duplicate or modied license under this subchapter.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.05, eff.

September 1, 2013.

GC §411.1952. REDUCTION OF FEES FOR EMPLOYEES OF TEXAS

DEPARTMENT OF CRIMINAL JUSTICE. Notwithstanding any other provision

of this subchapter, an applicant who is a correctional ofcer of the Texas

Department of Criminal Justice shall pay a fee of $25 for the issuance of an

original or renewed license under this subchapter.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 251 (H.B. 485), Sec. 2, eff. September 1, 2013.

GC §411.196. METHOD OF PAYMENT. A person may pay a fee required by

this subchapter by cash, credit card, personal check, cashier’s check, or money

order. A person who pays a fee required by this subchapter by cash must pay

the fee in person. Checks or money orders must be made payable to the “Texas

Department of Public Safety.” A person whose payment for a fee required by

this subchapter is dishonored or reversed must pay any future fees required by

this subchapter by cashier’s check or money order made payable to the “Texas

Department of Public Safety.” A fee received by the department under this

subchapter is nonrefundable.

---

Last amended by Acts 2005, 79th Leg., Ch. 1065 (H.B. 1483), Sec. 1, eff. September 1,

2005.

TEXAS CONCEALED HANDGUN LAWS

GC §411.197. RULES. The director shall adopt rules to administer this

subchapter.

---

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

GC §411.198. LAW ENFORCEMENT OFFICER ALIAS HANDGUN LICENSE.

(a) On written approval of the director, the department may issue to a law

enforcement ofcer 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, Sec. 10.01(a), eff. September 1, 1997.

GC §411.199. HONORABLY RETIRED PEACE OFFICERS. (a) A person who is

licensed as a peace ofcer under Chapter 1701, Occupations Code, and who has

been employed full-time as a peace ofcer 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 classiable

ngerprints 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 prociency 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.

under this section if the applicant is honorably retired and physically and

emotionally t to possess a handgun. In this subsection, “honorably retired”

means the applicant:

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

(2) was eligible to retire from the law enforcement agency or was ineligible

to retire only as a result of an injury received in the course of the applicant’s

employment with the agency; and

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

ofcer or is not entitled to receive a pension or annuity only because the law

enforcement agency that employed the applicant does not offer a pension or

annuity to its employees.

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

under this subchapter.

Without reference to the amendment of this subsection, this subsection

was repealed by Acts 2013, 83

Leg., R.S., Ch. 1387 (H.B. 48), Sec. 5, eff.

September 1, 2013.

(e) A retired peace ofcer who obtains a license under this subchapter must

maintain the prociency required for a peace ofcer under Section 1701.355,

Occupations Code. The department or a local law enforcement agency shall

allow a retired peace ofcer of the department or agency an opportunity to

annually demonstrate the required prociency. The prociency 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 ofcer of the United States who was eligible to carry a rearm in the

discharge of the ofcer’s ofcial 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.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 5, eff. September 1,

2013.

GC §411.1991. PEACE OFFICERS. (a) A person who is licensed as a peace

ofcer under Chapter 1701, Occupations Code, and is employed as a peace

ofcer by a law enforcement agency, or a member of the Texas military forces,

excluding Texas State Guard members who are serving in the Texas Legislature

may apply for a license under this subchapter. The person shall submit to the

department two complete sets of legible and classiable ngerprints 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 prociency

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 qualied and physically and mentally t to carry a handgun.

under this subchapter.

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

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 251 (H.B. 485), Sec. 4, eff. September 1,

2013.

TEXAS CONCEALED HANDGUN LAWS

GC §411.1992. FORMER RESERVE LAW ENFORCEMENT OFFICERS. (a) A

person who served as a reserve law enforcement ofcer, as dened by Section

1701.001, Occupations Code, not less than a total of 15 years with one or more

state or local law enforcement agencies may apply for a license under this

subchapter at any time.

(b) The applicant shall submit to the department two complete sets of legible

and classiable ngerprints and a sworn statement from the head of the

law enforcement agency at which the applicant last served as a reserve law

enforcement ofcer. 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;

(3) whether the applicant was accused of misconduct at any time during the

applicant’s term of service and the disposition of that accusation;

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

(5) a list of the types of weapons the applicant demonstrated prociency with

during the applicant’s term of service; and

(6) a recommendation from the agency head regarding the issuance of a

license under this subchapter.

under this section if the applicant was a reserve law enforcement ofcer for not

less than a total of 15 years with one or more state or local law enforcement

agencies and is physically and emotionally t to possess a handgun.

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

under this subchapter.

(e) A former reserve law enforcement ofcer who obtains a license as provided

by this section must maintain, for the category of weapon licensed, the prociency

required for the person under Section 1701.357, Occupations Code. The

department or the local law enforcement agency at which the person last served

as a reserve law enforcement ofcer shall allow the person an opportunity to

annually demonstrate the required prociency. The prociency shall be reported

to the department on application and renewal.

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

---

Added by Acts 2013, 83

Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 1, eff. September 1, 2013.

GC §411.200. APPLICATION TO LICENSED SECURITY OFFICERS. This

subchapter does not exempt a license holder who is also employed as a security

ofcer and licensed under Chapter 1702, Occupations Code, from the duty to

comply with Chapter 1702, Occupations Code, or Section 46.02, Penal Code.

---

Last amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.759, eff. September 1, 2001.

GC §411.201. ACTIVE AND RETIRED JUDICIAL OFFICERS. (a) In this section:

(1) “Active judicial ofcer” means:

(A) 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;

(B) a federal judge who is a resident of this state; or

201, Family Code.

(2) “Retired judicial ofcer” 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 ofcer as

designated or dened 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 ofcer who

meets the requirements of this section.

under the authority of this subchapter. A retired judicial ofcer is eligible for a

license to carry a concealed handgun under the authority of this subchapter if the

ofcer:

(1) has not been convicted of a felony;

(2) has not, in the ve 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.

(d) An applicant for a license who is an active or retired judicial ofcer must

submit to the department:

(1) a completed application, including all required afdavits, on a form

prescribed by the department;

(2) one or more photographs of the applicant that meet the requirements of the

department;

(3) two complete sets of legible and classiable ngerprints of the applicant,

including one set taken by a person employed by a law enforcement agency

who is appropriately trained in recording ngerprints;

(4) evidence of handgun prociency, in the form and manner required by the

department for an applicant under this section;

(5) 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

(6) if the applicant is a retired judicial ofcer, 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 ofcer, issue a license to carry a

concealed handgun under the authority of this subchapter; or

(2) if the applicant is a retired judicial ofcer, 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 prociency requirements of Section

TEXAS CONCEALED HANDGUN LAWS

411.188. The classroom instruction part of the prociency course for an active

judicial ofcer is not subject to a minimum hour requirement. The instruction must

include instruction only on:

(1) handgun use, prociency, 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 may be renewed in accordance with Section 411.185.

(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 ofcer. 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.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48), Sec. 4, eff. September 1,

2013.

GC §411.202. LICENSE A BENEFIT. The issuance of a license under this

subchapter is a benet to the license holder for purposes of those sections of the

Penal Code to which the denition of “benet” under Section 1.07, Penal Code,

applies.

---

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

GC §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. In this section, “premises” has the meaning assigned

by Section 46.035(f)(3), Penal Code.

---

Last amended by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 2, eff. September

1, 2011.

GC §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, Penal Code, prohibiting or placing restrictions on the storage or

transportation of a rearm or ammunition in a locked, privately owned or leased

motor vehicle by a person, including a student enrolled at that institution, who

holds a license to carry a concealed handgun under this subchapter and lawfully

possesses the rearm 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.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 1248 (S.B. 1907), Sec. 1, eff. September 1, 2013.

GC §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”.

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 ve 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

certicate issued under the Alcoholic Beverage Code.

---

Last amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.16(a), eff. September 1, 1999; Acts

1999, 76th Leg., ch. 523, Sec. 1, eff. June 18, 1999.

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is

carrying a handgun on or about the license holder’s person when a magistrate or

a peace ofcer demands that the license holder display identication, the license

holder shall display both the license holder’s driver’s license or identication

certicate issued by the department and the license holder’s handgun license.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12A.02, eff.

September 1, 2009.

GC §411.206. SEIZURE OF HANDGUN AND LICENSE. (a) If a peace ofcer

arrests and takes into custody a license holder who is carrying a handgun

under the authority of this subchapter, the ofcer 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.

TEXAS CONCEALED HANDGUN LAWS

46.035, Penal Code, must contain the handgun license number of the convicted

license holder. A certied copy of the judgment is conclusive and sufcient

evidence to justify revocation of a license under Section 411.186(a)(4).

---

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

GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace

ofcer who is acting in the lawful discharge of the ofcer’s ofcial duties may

disarm a license holder at any time the ofcer reasonably believes it is necessary

for the protection of the license holder, ofcer, or another individual. The peace

ofcer shall return the handgun to the license holder before discharging the

license holder from the scene if the ofcer determines that the license holder is

not a threat to the ofcer, 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.

(b) A peace ofcer who is acting in the lawful discharge of the ofcer’s ofcial

duties may temporarily disarm a license holder when a license holder enters a

non-public, secure portion of a law enforcement facility, if the law enforcement

agency provides a gun locker where the peace ofcer can secure the license

holder’s handgun. The peace ofcer shall secure the handgun in the locker and

shall return the handgun to the license holder immediately after the license holder

leaves the non-public, secure portion of the law enforcement facility.

public, secure portion of the facility a sign that gives notice in both English and

Spanish that, under this section, a peace ofcer may temporarily disarm a license

holder when the license holder enters the non-public, 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.

(d) In this section:

(1) “Law enforcement facility” means a building or a portion of a building

used exclusively by a law enforcement agency that employs peace ofcers as

described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support

personnel to conduct the ofcial business of the agency. The term does not

include:

(A) any portion of a building not actively used exclusively to conduct the

ofcial business of the agency; or

(B) any public or private driveway, street, sidewalk, walkway, parking lot,

parking garage, or other parking area.

(2) “Non-public, secure portion of a law enforcement facility” means that

portion of a law enforcement facility to which the general public is denied

access without express permission and to which access is granted solely to

conduct the ofcial business of the law enforcement agency.

---

Last amended by Acts 2007, 80th Leg., R.S., Ch. 572 (S.B. 1709), Sec. 1, eff. September 1,

2007.

GC §411.208. LIMITATION OF LIABILITY. (a) A court may not hold the state, an

agency or subdivision of the state, an ofcer or employee of the state, a peace

ofcer, or a qualied 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 ofcer or employee of the state, a peace

ofcer, or a qualied handgun instructor for any damage caused by the actions of

an applicant or license holder under this subchapter.

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

ofcer of the state, or a peace ofcer if the act or failure to act was capricious or

arbitrary.

(e) The immunities granted under Subsection (a) to a qualied handgun

instructor do not apply to a cause of action for fraud or a deceptive trade practice.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.19, eff.

September 1, 2009.

PENAL CODE

Chapter 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Subchapter A GENERAL PROVISIONS

PC §9.01. DEFINITIONS. In this chapter:

(1) “Custody” has the meaning assigned by Section 38.01.

(2) “Escape” has the meaning assigned by Section 38.01.

(3) “Deadly force” means force that is intended or known by the actor to cause,

or in the manner of its use or intended use is capable of causing, death or

serious bodily injury.

(4) “Habitation” has the meaning assigned by Section 30.01.

(5) “Vehicle” has the meaning assigned by Section 30.01.

---

Last amended by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 1, eff. September 1,

2007.

PC §9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that

the conduct in question is justied under this chapter.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Connement is justied

when force is justied by this chapter if the actor takes reasonable measures to

terminate the connement as soon as he knows he safely can unless the person

conned has been arrested for an offense.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

TEXAS CONCEALED HANDGUN LAWS

PC §9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justied

when the use of force is justied by this chapter. For purposes of this section, a

threat to cause death or serious bodily injury by the production of a weapon or

otherwise, as long as the actor’s purpose is limited to creating an apprehension

that he will use deadly force if necessary, does not constitute the use of deadly

force.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though

an actor is justied under this chapter in threatening or using force or deadly force

against another, if in doing so he also recklessly injures or kills an innocent third

person, the justication afforded by this chapter is unavailable in a prosecution for

the reckless injury or killing of the innocent third person.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justied

under this chapter does not abolish or impair any remedy for the conduct that is

available in a civil suit.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

Subchapter B. JUSTIFICATION GENERALLY

PC §9.21. PUBLIC DUTY. (a) Except as qualied by Subsections (b) and (c),

conduct is justied if the actor reasonably believes the conduct is required

or authorized by law, by the judgment or order of a competent court or other

governmental tribunal, or in the execution of legal process.

(b) The other sections of this chapter control when force is used against a person

to protect persons (Subchapter C), to protect property (Subchapter D), for law

enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F).

reasonably believes the deadly force is specically required by statute or unless it

occurs in the lawful conduct of war. If deadly force is so justied, there is no duty

to retreat before using it.

(d) The justication afforded by this section is available if the actor reasonably

believes:

(1) the court or governmental tribunal has jurisdiction or the process is lawful,

even though the court or governmental tribunal lacks jurisdiction or the process

is unlawful; or

(2) his conduct is required or authorized to assist a public servant in the

performance of his ofcial duty, even though the servant exceeds his lawful

authority.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.22. NECESSITY. Conduct is justied if:

(1) the actor reasonably believes the conduct is immediately necessary to

avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh,

according to ordinary standards of reasonableness, the harm sought to be

prevented by the law proscribing the conduct; and

(3) a legislative purpose to exclude the justication claimed for the conduct

does not otherwise plainly appear.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

Subchapter C. PROTECTION OF PERSONS

PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person

is justied in using force against another when and to the degree the actor

reasonably believes the force is immediately necessary to protect the actor

against the other’s use or attempted use of unlawful force. The actor’s belief

that the force was immediately necessary as described by this subsection is

presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was

used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully

and with force, the actor’s occupied habitation, vehicle, or place of business

or employment;

(B) unlawfully and with force removed, or was attempting to remove

unlawfully and with force, the actor from the actor’s habitation, vehicle, or

place of business or employment; or

sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C

misdemeanor that is a violation of a law or ordinance regulating trafc at the

time the force was used.

(b) The use of force against another is not justied:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace

ofcer, or by a person acting in a peace ofcer’s presence and at his direction,

even though the arrest or search is unlawful, unless the resistance is justied

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

(B) possessing or transporting a weapon in violation of Section 46.05.

(1) if, before the actor offers any resistance, the peace ofcer (or person acting

TEXAS CONCEALED HANDGUN LAWS

at his direction) uses or attempts to use greater force than necessary to make

the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is

immediately necessary to protect himself against the peace ofcer’s (or other

person’s) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justied under this subchapter except as

provided in Sections 9.32, 9.33, and 9.34.

(e) A person who has a right to be present at the location where the force is used,

who has not provoked the person against whom the force is used, and who is not

engaged in criminal activity at the time the force is used is not required to retreat

before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by

Subsection (e) reasonably believed that the use of force was necessary, a nder

of fact may not consider whether the actor failed to retreat.

---

Last amended by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 2, eff. September 1,

2007.

PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justied

in using deadly force against another:

(1) if the actor would be justied in using force against the other under Section

9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is

immediately necessary:

(A) to protect the actor against the other’s use or attempted use of unlawful

deadly force; or

(B) to prevent the other’s imminent commission of aggravated kidnapping,

murder, sexual assault, aggravated sexual assault, robbery, or aggravated

robbery.

(b) The actor’s belief under Subsection (a)(2) that the deadly force was

immediately necessary as described by that subdivision is presumed to be

reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly

force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully

and with force, the actor’s occupied habitation, vehicle, or place of business

or employment;

(B) unlawfully and with force removed, or was attempting to remove

unlawfully and with force, the actor from the actor’s habitation, vehicle, or

place of business or employment; or

Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C

misdemeanor that is a violation of a law or ordinance regulating trafc at the

time the force was used.

is used, who has not provoked the person against whom the deadly force is

used, and who is not engaged in criminal activity at the time the deadly force

is used is not required to retreat before using deadly force as described by this

section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described

by Subsection (c) reasonably believed that the use of deadly force was

necessary, a nder of fact may not consider whether the actor failed to retreat.

---

Last amended by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 3, eff. September 1,

2007.

PC §9.33. DEFENSE OF THIRD PERSON. A person is justied in using force or

deadly force against another to protect a third person if:

(1) under the circumstances as the actor reasonably believes them to be, the

actor would be justied under Section 9.31 or 9.32 in using force or deadly

force to protect himself against the unlawful force or unlawful deadly force he

reasonably believes to be threatening the third person he seeks to protect; and

(2) the actor reasonably believes that his intervention is immediately necessary

to protect the third person.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is justied in

using force, but not deadly force, against another when and to the degree he

reasonably believes the force is immediately necessary to prevent the other from

committing suicide or inicting serious bodily injury to himself.

(b) A person is justied in using both force and deadly force against another when

and to the degree he reasonably believes the force or deadly force is immediately

necessary to preserve the other’s life in an emergency.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

Subchapter D. PROTECTION OF PROPERTY

PC §9.41. PROTECTION OF ONE’S OWN PROPERTY. (a) A person in lawful

possession of land or tangible, movable property is justied in using force against

another when and to the degree the actor reasonably believes the force is

immediately necessary to prevent or terminate the other’s trespass on the land or

unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by

another is justied in using force against the other when and to the degree the

actor reasonably believes the force is immediately necessary to reenter the land

or recover the property if the actor uses the force immediately or in fresh pursuit

after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he

dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud

against the actor.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justied in

using deadly force against another to protect land or tangible, movable property:

TEXAS CONCEALED HANDGUN LAWS

(1) if he would be justied in using force against the other under Section 9.41;

and

(2) when and to the degree he reasonably believes the deadly force is

immediately necessary:

(A) to prevent the other’s imminent commission of arson, burglary, robbery,

aggravated robbery, theft during the nighttime, or criminal mischief during the

nighttime; or

(B) to prevent the other who is eeing immediately after committing burglary,

robbery, aggravated robbery, or theft during the night¬time from escaping

with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other

means; or

(B) the use of force other than deadly force to protect or recover the land or

property would expose the actor or another to a substantial risk of death or

serious bodily injury.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.43. PROTECTION OF THIRD PERSON’S PROPERTY. A person is

justied in using force or deadly force against another to protect land or tangible,

movable property of a third person if, under the circumstances as he reasonably

believes them to be, the actor would be justied under Section 9.41 or 9.42 in

using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes

attempted or consummated theft of or criminal mischief to the tangible

movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person’s land or property; or

to protect is the actor’s spouse, parent, or child, resides with the actor, or is

under the actor’s care.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.44. USE OF DEVICE TO PROTECT PROPERTY. The justication

afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land

or tangible, movable property if:

(1) the device is not designed to cause, or known by the actor to create a

substantial risk of causing, death or serious bodily injury; and

(2) use of the device is reasonable under all the circumstances as the actor

reasonably believes them to be when he installs the device.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September. 1, 1994.

Subchapter F. SPECIAL RELATIONSHIPS

PC §9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a

child younger than 18 years is justied:

(1) if the actor is the child’s parent or stepparent or is acting in loco parentis to

the child; and

(2) when and to the degree the actor reasonably believes the force is necessary

to discipline the child or to safeguard or promote his welfare.

(b) For purposes of this section, “in loco parentis” includes grandparent and

guardian, any person acting by, through, or under the direction of a court with

jurisdiction over the child, and anyone who has express or implied consent of the

parent or parents.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against

a person is justied:

(1) if the actor is entrusted with the care, supervision, or administration of the

person for a special purpose; and

(2) when and to the degree the actor reasonably believes the force is necessary

to further the special purpose or to maintain discipline in a group.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

PC §9.63. GUARDIAN-INCOMPETENT. The use of force, but not deadly force,

against a mental incompetent is justied:

(1) if the actor is the incompetent’s guardian or someone similarly responsible

for the general care and supervision of the incompetent; and

(2) when and to the degree the actor reasonably believes the force is

necessary:

(A) to safeguard and promote the incompetent’s welfare; or

(B) if the incompetent is in an institution for his care and custody, to maintain

discipline in the institution.

---

Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994.

Chapter 30. CRIMINAL TRESPASS

PC §30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the

person enters or remains on or in property of another, including residential land,

agricultural land, a recreational vehicle park, a building, or an aircraft or other

vehicle, without effective consent and the person:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) “Entry” means the intrusion of the entire body.

(2) “Notice” means:

(A) oral or written communication by the owner or someone with apparent

authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to

contain livestock;

reasonably likely to come to the attention of intruders, indicating that entry is

forbidden;

TEXAS CONCEALED HANDGUN LAWS

(D) the placement of identifying purple paint marks on trees or posts on the

property, provided that the marks are:

(i) vertical lines of not less than eight inches in length and not less than

one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from

the ground or more than ve feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching

the property and no more than:

(I) 100 feet apart on forest land; or

(II) 1,000 feet apart on land other than forest land; or

(E) the visible presence on the property of a crop grown for human

consumption that is under cultivation, in the process of being harvested, or

marketable if harvested at the time of entry.

(3) “Shelter center” has the meaning assigned by Section 51.002, Human

Resources Code.

(4) “Forest land” means land on which the trees are potentially valuable for

timber products.

(5) “Agricultural land” has the meaning assigned by Section 75.001, Civil

Practice and Remedies Code.

(6) “Superfund site” means a facility that:

(A) is on the National Priorities List established under Section 105 of the

federal Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. Section 9605); or

(B) is listed on the state registry established under Section 361.181, Health

and Safety Code.

(7) “Critical infrastructure facility” means one of the following, if completely

enclosed by a fence or other physical barrier that is obviously designed to

exclude intruders:

(A) a chemical manufacturing facility;

(B) a renery;

electrical control center, or electrical transmission or distribution facility;

(D) a water intake structure, water treatment facility, waste-water treatment

plant, or pump station;

(E) a natural gas transmission compressor station;

(F) a liquid natural gas terminal or storage facility;

(G) a telecommunications central switching ofce;

(H) a port, railroad switching yard, trucking terminal, or other freight

transportation facility;

(I) a gas processing plant, including a plant used in the processing,

treatment, or fractionation of natural gas; or

(J) a transmission facility used by a federally licensed radio or television

station.

(8) “Protected freshwater area” has the meaning assigned by Section 90.001,

Parks and Wildlife Code.

(9) “Recognized state” means another state with which the attorney general

of this state, with the approval of the governor of this state, negotiated an

agreement after determining that the other state:

(A) has rearm prociency requirements for peace ofcers; and

(B) fully recognizes the right of peace ofcers commissioned in this state to

carry weapons in the other state.

(10) “Recreational vehicle park” means a tract of land that has rental spaces

for two or more recreational vehicles, as dened by Section 522.004,

Transportation Code.

(11) “Residential land” means real property improved by a dwelling and zoned

for or otherwise authorized for single-family or multifamily use.

Leg., R.S., HB 2609

§4.]

(d) An offense under this section is:

(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);

(2) a Class C misdemeanor, except as provided by Subdivision (3), if the

offense is committed:

(A) on agricultural land and within 100 feet of the boundary of the land; or

(B) on residential land and within 100 feet of a protected fresh-water area;

and

(3) a Class A misdemeanor if:

(A) the offense is committed:

(i) in a habitation or a shelter center;

(ii) on a Superfund site; or

(iii) on or in a critical infrastructure facility; or

(B) the person carries a deadly weapon during the commission of the

offense.

(e) It is a defense to prosecution under this section that the actor at the time of

the offense was:

(1) a reghter or emergency medical services personnel, as dened by

Section 773.003, Health and Safety Code, acting in the lawful discharge of an

ofcial duty under exigent circumstances;

(2) a person who was:

(A) an employee or agent of:

(i) an electric utility, as dened by Section 31.002, Utilities Code;

(ii) a telecommunications provider, as dened by Section 51.002,

Utilities Code;

(iii) a video service provider or cable service provider, as dened by

Section 66.002, Utilities Code;

(iv) a gas utility, as dened by Section 101.003 or 121.001, Utilities

Code; or

(v) a pipeline used for the transportation or sale of oil, gas, or related

products; and

(B) performing a duty within the scope of that employment or agency; or

(3) a person who was:

(A) employed by or acting as agent for an entity that had, or that the person

reasonably believed had, effective consent or authorization provided by law

to enter the property; and

(B) performing a duty within the scope of that employment or agency.

(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 handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under

Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

(g) It is a defense to prosecution under this section that the actor entered a

TEXAS CONCEALED HANDGUN LAWS

railroad switching yard or any part of a railroad switching yard and was at that

time an employee or a representative of employees exercising a right under the

Railway Labor Act (45 U.S.C. Section 151 et seq.).

(h) At the punishment stage of a trial in which the attorney representing the

state seeks the increase in punishment provided by Subsection (d)(1)(C), the

defendant may raise the issue as to whether the defendant entered or remained

on or in a critical infrastructure facility as part of a peaceful or lawful assembly,

including an attempt to exercise rights guaranteed by state or federal labor laws.

If the defendant proves the issue in the afrmative by a preponderance of the

evidence, the increase in punishment provided by Subsection (d)(1)(C) does not

apply.

(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was

forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace ofcer, including a

commissioned peace ofcer of a recognized state, or a special investigator

under Article 2.122, Code of Criminal Procedure, regardless of whether the

peace ofcer or special investigator was engaged in the actual discharge of

an ofcial duty while carrying the weapon.

(j) *[as repealed by Acts effective September 1, 2009, 81

Leg., R.S., HB 2609

§4.]

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Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 12, eff. June 14,

2013.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED

HANDGUN. (a) A license holder commits an offense if the license holder:

(1) 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:

(A) entry on the property by a license holder with a concealed handgun was

forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and

failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the

property or someone with apparent authority to act for the owner provides notice

to the person by oral or written communication.

(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

holder of license to carry a concealed handgun), a person licensed under

Subchapter H, Chapter 411, Government Code (concealed handgun

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.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which

the license holder carries a handgun is owned or leased by a governmental entity

and is not a premises or other place on which the license holder is prohibited

from carrying the handgun under Section 46.03 or 46.035.

---

Last amended by Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. September 1, 2003.

Chapter 38. OBSTRUCTING A GOVERNMENTAL OPERATION

PC §38.01. DEFINITIONS. In this chapter:

(1) “Custody” means:

(A) under arrest by a peace ofcer or under restraint by a public servant

pursuant to an order of a court of this state or another state of the United

States; or

(B) under restraint by an agent or employee of a facility that is operated by or

under contract with the United States and that connes persons arrested for,

charged with, or convicted of criminal offenses.

(2) “Escape” means unauthorized departure from custody or failure to return

to custody following temporary leave for a specic purpose or limited period or

leave that is part of an intermittent sentence, but does not include a violation of

conditions of community supervision or parole other than conditions that impose

a period of connement in a secure correctional facility.

---

Last amended by Acts 1997, 75th Leg., ch. 293, Sec. 2, eff. September 1, 1997; Acts

1997, 75th Leg., ch. 750, Sec. 1, eff. September 1, 1997.

Chapter 42. DISORDERLY CONDUCT AND RELATED OFFENSES

PC §42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he

intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and

the language by its very utterance tends to incite an immediate breach of the

peace;

(2) makes an offensive gesture or display in a public place, and the gesture or

display tends to incite an immediate breach of the peace;

(3) creates, by chemical means, a noxious and unreasonable odor in a public

place;

(4) abuses or threatens a person in a public place in an obviously offensive

manner;

(5) makes unreasonable noise in a public place other than a sport shooting

range, as dened by Section 250.001, Local Government Code, or in or near a

private residence that he has no right to occupy;

(6) ghts with another in a public place;

(7) discharges a rearm in a public place other than a public road or a sport

shooting range, as dened by Section 250.001, Local Government Code;

(8) displays a rearm or other deadly weapon in a public place in a manner

calculated to alarm;

TEXAS CONCEALED HANDGUN LAWS

(9) discharges a rearm on or across a public road;

(10) exposes his anus or genitals in a public place and is reckless about

whether another may be present who will be offended or alarmed by his act; or

(11) for a lewd or unlawful purpose:

(A) enters on the property of another and looks into a dwelling on the

property through any window or other opening in the dwelling;

(B) while on the premises of a hotel or comparable establishment, looks into

a guest room not the person’s own through a window or other opening in

the room; or

rest room or shower stall or changing or dressing room that is designed to

provide privacy to a person using the area.

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had

signicant provocation for his abusive or threatening conduct.

(1) an act is deemed to occur in a public place or near a private residence if it

produces its offensive or proscribed consequences in the public place or near

a private residence; and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel

level of 85 after the person making the noise receives notice from a magistrate

or peace ofcer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed

under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9)

that the person who discharged the rearm had a reason-able fear of bodily injury

to the person or to another by a dangerous wild animal as dened by Section

822.101, Health and Safety Code.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 9, eff. September

1, 2013.

Chapter 46. WEAPONS

PC §46.01. DEFINITIONS. In this Chapter:

(1) “Club” means an instrument that is specially designed, made, or adapted for

the purpose of inicting serious bodily injury or death by striking a person with the

instrument, and includes but is not limited to the following:

(A) blackjack;

(B) nightstick;

(D) tomahawk.

(2) “Explosive weapon” means any explosive or incendiary bomb, grenade,

rocket, or mine, that is designed, made, or adapted for the purpose of inicting

serious bodily injury, death, or substantial property damage, or for the principal

purpose of causing such a loud report as to cause undue public alarm or terror,

and includes a device designed, made, or adapted for delivery or shooting an

explosive weapon.

(3) “Firearm” means any device designed, made, or adapted to expel a projectile

through a barrel by using the energy generated by an explosion or burning

substance or any device readily convertible to that use. Firearm does not include

a rearm that may have, as an integral part, a folding knife blade or other

characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio rearm manufactured before 1899; or

(B) a replica of an antique or curio rearm manufactured before 1899, but only

if the replica does not use rim re or center re ammunition.

(4) “Firearm silencer” means any device designed, made, or adapted to mufe

the report of a rearm.

(5) “Handgun” means any rearm that is designed, made, or adapted to be red

with one hand.

(6) “Illegal knife” means a:

(A) knife with a blade over ve and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(D) bowie knife;

(E) sword; or

(F) spear.

(7) “Knife” means any bladed hand instrument that is capable of inicting serious

bodily injury or death by cutting or stabbing a person with the instrument.

(8) “Knuckles” means any instrument that consists of nger rings or guards made

of a hard substance and that is designed, made, or adapted for the purpose of

inicting serious bodily injury or death by striking a person with a st enclosed in

the knuckles.

(9) “Machine gun” means any rearm that is capable of shooting more than two

shots automatically, without manual reloading, by a single function of the trigger.

(10) “Short-barrel rearm” means a rie with a barrel length of less than 16

inches or a shotgun with a barrel length of less than 18 inches, or any weapon

made from a shotgun or rie if, as altered, it has an overall length of less than 26

inches.

(11) “Switchblade knife” means any knife that has a blade that folds, closes,

or retracts into the handle or sheath and that opens automatically by pressure

applied to a button or other device located on the handle or opens or releases

a blade from the handle or sheath by the force of gravity or by the application

of centrifugal force. The term does not include a knife that has a spring, detent,

or other mechanism designed to create a bias toward closure and that requires

exertion applied to the blade by hand, wrist, or arm to overcome the bias toward

closure and open the knife.

(12) “Armor-piercing ammunition” means handgun ammunition that is designed

primarily for the purpose of penetrating metal or body armor and to be used

principally in pistols and revolvers.

(13) “Hoax bomb” means a device that:

(A) reasonably appears to be an explosive or incendiary device; or

(B) by its design causes alarm or reaction of any type by an ofcial of

a public safety agency or a volunteer agency organized to deal with

emergencies.

(14) “Chemical dispensing device” means a device, other than a small chemical

dispenser sold commercially for personal protection, that is designed, made,

or adapted for the purpose of dispensing a substance capable of causing an

adverse psychological or physiological effect on a human being.

(15) “Racetrack” has the meaning assigned that term by the Texas Racing Act

(Article 179e, Vernon’s Texas Civil Statutes).

TEXAS CONCEALED HANDGUN LAWS

(16) “Zip gun” means a device or combination of devices that was not originally a

rearm and is adapted to expel a projectile through a smooth-bore or ried-bore

barrel by using the energy generated by an explosion or burning substance.

(17) “Tire deation device” means a device, including a caltrop or spike strip,

that, when driven over, impedes or stops the movement of a wheeled vehicle by

puncturing one or more of the vehicle’s tires. The term does not include a trafc

control device that:

(A) is designed to puncture one or more of a vehicle’s tires when driven over

in a specic direction; and

(B) has a clearly visible sign posted in close proximity to the trafc control

device that prohibits entry or warns motor vehicle operators of the trafc

control device.

---

Last amended by Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 1, eff. September

1, 2011.

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an

offense if the person intentionally, knowingly, or recklessly carries on or about his

or her person a handgun, illegal knife, or club if the person is not:

(1) on the person’s own premises or premises under the person’s control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned

by the person or under the person’s control.

(a-1) A person commits an offense if the person intentionally, knowingly, or

recklessly carries on or about his or her person a handgun 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; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a

violation of a law or ordinance regulating trafc or boating;

(B) prohibited by law from possessing a rearm; or

(a-2) For purposes of this section, “premises” includes real property and a

recreational vehicle that is being used as living quarters, regardless of whether

that use is temporary or permanent. In this subsection, “recreational vehicle”

means a motor vehicle primarily designed as temporary living quarters or a

vehicle that contains temporary living quarters and is designed to be towed by

a motor vehicle. The term includes a travel trailer, camping trailer, truck camper,

motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, “watercraft” means any boat, motorboat,

vessel, or personal watercraft, other than a seaplane on water, used or capable of

being used for transportation on water;

(b) Except as provided by Subsection (c), an offense under this section is a Class

A misdemeanor.

committed on any premises licensed or issued a permit by this state for the sale

of alcoholic beverages.

---

Last amended by Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 1, eff. September 1,

2011.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense

if the person intentionally, knowingly, or recklessly possesses or goes with a

rearm, illegal 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 pursuant to written regulations or written authorization 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 ofces utilized by the court,

unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack; or

(5) in or into a secured area of an airport.

(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.

(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor

possessed a rearm while in the actual discharge of his ofcial duties as a

member of the armed forces or national guard or a guard employed by a penal

institution, or an ofcer of the court.

(1) “Premises” has the meaning assigned by Section 46.035.

(2) “Secured area” means an area of an airport terminal building to which

access is controlled by the inspection of persons and property under federal

law.

(d) It is a defense to prosecution under Subsection (a)(5) that the actor

possessed a rearm or club while traveling to or from the actor’s place of

assignment or in the actual discharge of duties as:

(1) a member of the armed forces or national guard;

(2) a guard employed by a penal institution; or

(3) a security ofcer commissioned by the Texas Private Security Board if:

(A) the actor is wearing a distinctive uniform; and

(B) the rearm or club is in plain view; or

(4) a security ofcer who holds a personal protection authorization under Chapter

1702, Occupations Code, provided that the ofcer is either:

(A) wearing the uniform of a security ofcer, including any uniform or apparel

described by Section 1702.323(d), Occupations Code, and carrying the

ofcer’s rearm in plain view; or

(B) not wearing the uniform of a security ofcer and carrying the ofcer’s

rearm in a concealed manner.

(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked

all rearms as baggage in accordance with federal or state law or regulations

before entering a secured area.

TEXAS CONCEALED HANDGUN LAWS

(f) It is not a defense to prosecution under this section that the actor possessed

a handgun and was licensed to carry a concealed handgun under Subchapter H,

Chapter 411, Government Code.

(g) An offense under this section is a third degree felony.

(h) It is a defense to prosecution under Subsection (a)(4) that the actor

possessed a rearm or club while traveling to or from the actor’s place

of assignment or in the actual discharge of duties as a security ofcer

commissioned by the Texas Board of Private Investigators and Private Security

agencies, if:

(1) the actor is wearing a distinctive uniform; and

(2) the rearm or club is in plain view.

(i) It is an exception to the application of Subsection (a)(6) that the actor

possessed a rearm or club:

(1) while in a vehicle being driven on a public road; or

(2) at the actor’s residence or place of employment.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.21, eff.

September 1, 2009.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(a) A license holder commits an offense if the 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.

(b) A license holder commits an offense if the 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, 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 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 home licensed under

Chapter 242, Health and Safety Code, unless the license holder has written

authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of

religious worship.

knowingly, or recklessly carries a handgun under the authority of Subchapter

H, Chapter 411, Government Code, regardless of whether the handgun is

concealed, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license

holder carries a handgun under the authority of Subchapter H, Chapter 411,

Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security ofcer under Chapter 1702,

Occupations Code, and employed as a security ofcer commits an offense if,

while in the course and scope of the security ofcer’s employment, the security

ofcer violates a provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) “Amusement park” means a permanent indoor or outdoor facility or park

where amusement rides are available for use by the public that is located in

a county with a population of more than one million, encompasses at least 75

acres in surface area, is enclosed with access only through controlled entries,

is open for operation more than 120 days in each calendar year, and has

security guards on the premises at all times. The term does not include any

public or private driveway, street, sidewalk or walkway, parking lot, parking

garage, or other parking area.

(2) “License holder” means a person licensed to carry a handgun under

Subchapter H, Chapter 411, Government Code.

(3) “Premises” means a building or a portion of a building. The term does not

include any public or private driveway, street, sidewalk or walkway, parking lot,

parking garage, or other parking area.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A

misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3),

in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time

of the commission of the offense, displayed the handgun under circumstances

in which the actor would have been justied in the use of force or deadly force

under Chapter 9.

Text of subsection as added by Acts 2007, 80

Leg., R.S., Ch. 1214 (H.B. 1889),

Sec. 2

(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor,

at the time of the commission of the offense, was:

(1) an active judicial ofcer, as dened by Section 411.201, Government

Code; or

(2) a bailiff designated by the active judicial ofcer and engaged in escorting

the ofcer.

Text of subsection as added by Acts 2007, 80

Leg., R.S., Ch. 1222 (H.B. 2300),

Sec. 5

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6),

and (c) that at the time of the commission of the offense, the actor was:

(1) a judge or justice of a federal court;

(2) an active judicial ofcer, as dened by Section 411.201, Government

Code; or

(3) a district attorney, assistant district attorney, criminal district attorney,

assistant criminal district attorney, county attorney, or assistant county

attorney.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not

given effective notice under Section 30.06.

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed

in compliance with the rules of the Texas Alcoholic Beverage Commission.

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not

given effective notice under Section 411.204, Government Code.

TEXAS CONCEALED HANDGUN LAWS

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299), Sec. 1, eff. September 1,

2013.

PC §46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has

been convicted of a felony commits an offense if he possesses a rearm:

(1) after conviction and before the fth anniversary of the person’s release from

connement following conviction of the felony or the person’s release from

supervision under community supervision, parole, or mandatory supervision,

whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the

premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01,

punishable as a Class A misdemeanor and involving a member of the person’s

family or household, commits an offense if the person possesses a rearm before

the fth anniversary of the later of:

(1) the date of the person’s release from connement following conviction of

the misdemeanor; or

(2) the date of the person’s release from community supervision following

conviction of the misdemeanor.

engaged in employment as a sworn, full-time paid employee of a state agency

or political subdivision, who is subject to an order issued under Section 6.504 or

Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal

Procedure, or by another jurisdiction as provided by Chapter 88, Family Code,

commits an offense if the person possesses a rearm after receiving notice of the

order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a house¬hold” have the

meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree. An offense

under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state,

another state, or the United States is, except as provided by Subsection (g), a

felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as

a felony; or

(3) is punishable by connement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection

(h) if, at the time the person possesses a rearm, the offense:

(1) is not designated by a law of this state as a felony; and

(2) does not contain all the elements of any offense designated by a law of this

state as a felony.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.24, eff.

September 1, 2009.

PC §46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the

person intentionally or knowingly possesses, manufactures, transports, repairs,

or sells:

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel rearm;

(4) a rearm silencer;

(5) knuckles;

(6) armor-piercing ammunition;

(7) a chemical dispensing device;

(8) a zip gun; or

(9) a tire deation device.

(b) It is a defense to prosecution under this section that the actor’s conduct was

incidental to the performance of ofcial duty by the armed forces or national

guard, a governmental law enforcement agency, or a correctional facility.

was pursuant to registration pursuant to the National Firearms Act, as amended.

(d) It is an afrmative defense to prosecution under this section that the actor’s

conduct:

(1) was incidental to dealing with a short-barrel rearm or tire deation device

solely as an antique or curio;

(2) was incidental to dealing with armor-piercing ammunition solely for the

purpose of making the ammunition available to an organization, agency, or

institution listed in Subsection (b); or

(3) was incidental to dealing with a tire deation device solely for the purpose

of making the device available to an organization, agency, or institution listed in

Subsection (b).

(e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8) is a felony of

the third degree. An offense under Subsection (a)(9) is a state jail felony. An

offense under Subsection (a)(5) is a Class A misdemeanor.

(f) It is a defense to prosecution under this section for the possession of a

chemical dispensing device that the actor is a security ofcer and has received

training on the use of the chemical dispensing device by a training program that

is:

(1) provided by the Texas Commission on Law Enforcement; or

(2) approved for the purposes described by this subsection by the Texas

Private Security Board of the Department of Public Safety.

(g) In Subsection (f), “security ofcer” means a commissioned security ofcer as

dened by Section 1702.002, Occupations Code, or a noncommissioned security

ofcer registered under Section 1702.221, Occupations Code.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 960 (H.B. 1862), Sec. 1, eff. September

1, 2013.

PC §46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person commits

an offense if, while conned in a penal institution, he intentionally, knowingly, or

recklessly:

(1) carries on or about his person a deadly weapon; or

(2) possesses or conceals a deadly weapon in the penal institution.

(b) It is an afrmative defense to prosecution under this section that at the time of

the offense the actor was engaged in conduct authorized by an employee of the

penal institution.

TEXAS CONCEALED HANDGUN LAWS

section under this Chapter may be prosecuted under either section.

(d) An offense under this section is a felony of the third degree.

---

Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

September 1, 1994.

PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this

section:

(1) “Child” means a person younger than 17 years of age.

(2) “Readily dischargeable rearm” means a rearm that is loaded with

ammunition, whether or not a round is in the chamber.

(3) “Secure” means to take steps that a reasonable person would take to

prevent the access to a readily dischargeable rearm by a child, including but

not limited to placing a rearm in a locked container or temporarily rendering

the rearm inoperable by a trigger lock or other means

(b) A person commits an offense if a child gains access to a readily dischargeable

rearm and the person with criminal negligence:

(1) failed to secure the rearm; or

(2) left the rearm in a place to which the person knew or should have known

the child would gain access.

access to the rearm:

(1) was supervised by a person older than 18 years of age and was for hunting,

sporting, or other lawful purposes;

(2) consisted of lawful defense by the child of people or property;

(3) was gained by entering property in violation of this code; or

(4) occurred during a time when the actor was engaged in an agricultural

enterprise.

(d) Except as provided by Subsection (e), an offense under this section is a Class

C misdemeanor.

(e) An offense under this section is a Class A misdemeanor if the child discharges

the rearm and causes death or serious bodily injury to himself or another

person.

(f) A peace ofcer or other person may not arrest the actor before the seventh

day after the date on which the offense is committed if:

(1) the actor is a member of the family, as dened by Section 71.003, Family

Code, of the child who discharged the rearm; and

(2) the child in discharging the rearm caused the death of or serious injury to

the child.

(g) A dealer of rearms shall post in a conspicuous position on the premises

where the dealer conducts business a sign that contains the following warning in

block letters not less than one inch in height:

“IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED

FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN

OBTAIN ACCESS TO THE FIREARM.”

---

Last amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g), eff. September 1, 1999.

PC §46.15. NON-APPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to

a person who:

(1) peace ofcers or special investigators under Article 2.122, Code of Criminal

Procedure, and neither section prohibits a peace ofcer 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 ofcer or special

investigator is engaged in the actual discharge of the ofcer’s or investigator’s

duties while carrying the weapon;

(2) parole ofcers and neither section prohibits an ofcer from carrying a

weapon in this state if the ofcer is:

(A) engaged in the actual discharge of the ofcer’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

ofcer while on duty;

(3) community supervision and corrections department ofcers appointed

or employed under Section 76.004, Government Code, and neither section

prohibits an ofcer from carrying a weapon in this state if the ofcer is:

(A) engaged in the actual discharge of the ofcer’s duties while carrying the

weapon; and

(B) authorized to carry a weapon under Section 76.0051, Government

Code;

(4) an active judicial ofcer as dened by Section 411.201, Government Code,

who is licensed to carry a concealed handgun under Subchapter H, Chapter

411, Government Code;

(5) an honorably retired peace ofcer, qualied retired law enforcement ofcer,

federal criminal investigator or former reserve law enforcement ofcer who

holds a certicate of prociency issued under Section 1701.357, Occupations

Code, and is carrying a photo identication that is issued by a federal, state,

or local law enforcement agency, as applicable, and that:

(A) veries the ofcer is an honorably retired peace ofcer;

(B) a qualied retired law enforcement ofcer;

(D) a former reserve law enforcement ofcer who has served in that

capacity not less than a total of 15 years with one or more state or local law

enforcement agencies.

(6) a district attorney, criminal district attorney, county attorney, or municipal

attorney who is licensed to carry a concealed handgun under Subchapter H,

Chapter 411, Government Code;

(7) an assistant district attorney, assistant criminal district attorney, or

assistant county attorney who is licensed to carry a concealed handgun under

Subchapter H, Chapter 411, Government Code;

(8) a bailiff designated by an active judicial ofcer as dened by Section

411.201, Government Code, who is:

(A) licensed to carry a concealed handgun under Chapter 411, Government

Code; and

(B) engaged in escorting the judicial ofcer; or

(9) a juvenile probation ofcer who is authorized to carry a rearm under

Section 142.006, Human Resources Code.

(b) Section 46.02 does not apply to a person who:

(1) is in the actual discharge of ofcial duties as a member of the armed forces

or state military forces as dened by Section 431.001, Government Code, or as

TEXAS CONCEALED HANDGUN LAWS

a guard employed by a penal institution;

(2) is traveling;

(3) is engaging in lawful hunting, shing, or other sporting activity on the

immediate premises where the activity is conducted, or is en route between the

premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is

a type commonly used in the activity;

(4) holds a security ofcer commission issued by the Texas Private Security

Board, if the person is engaged in the performance of the person’s duties as an

ofcer commissioned under Chapter 1702, Occupations Code, or is traveling

to or from the person’s place of assignment and is wearing the ofcer’s uniform

and carrying the ofcer’s weapon in plain view;

(5) acts as a personal protection ofcer and carries the person’s security ofcer

commission and personal protection ofcer authorization, if the person:

(A) is engaged in the performance of the person’s duties as a personal

protection ofcer under Chapter 1702, Occupations Code, or is traveling to or

from the person’s place of assignment; and

(B) is either:

(i) wearing the uniform of a security ofcer, including any uniform or

apparel described by Section 1702.323(d), Occupations Code, and

carrying the ofcer’s weapon in plain view; or

(ii) not wearing the uniform of a security ofcer and carrying the ofcer’s

weapon in a concealed manner;

(6) is carrying a concealed handgun and a valid license issued under

Subchapter H, Chapter 411, Government Code, to carry a concealed handgun;

(7) holds an alcoholic beverage permit or license or is an employee of a holder

of an alcoholic beverage permit or license if the person is supervising the

operation of the permitted or licensed premises; or

(8) is a student in a law enforcement class engaging in an activity required as

part of the class, if the weapon is a type commonly used in the activity and the

person is:

(A) on the immediate premises where the activity is conducted; or

(B) en route between those premises and the person’s residence and is

carrying the weapon unloaded.

not apply to a noncommissioned security guard at an institution of higher

education who carries a nightstick or similar club, and who has undergone 15

hours of training in the proper use of the club, including at least seven hours

of training in the use of the club for nonviolent restraint. For the purposes of

this subsection, “nonviolent restraint” means the use of reasonable force, not

intended and not likely to inict bodily injury.

(d) The provisions of Section 46.02 prohibiting the carrying of a rearm or

carrying of a club do not apply to a public security ofcer employed by the

adjutant general under Section 431.029, Government Code, in performance of

ofcial duties or while traveling to or from a place of duty.

(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do

not apply to an individual carrying a bowie knife or a sword used in a historical

demonstration or in a ceremony in which the knife or sword is signicant to the

performance of the ceremony.

(f) Section 46.03(a)(6) does not apply to a person who possesses a rearm or

club while in the actual discharge of ofcial duties as:

(1) a member of the armed forces or state military forces, as dened by Section

431.001, Government Code; or

(2) an employee of a penal institution.

(g) The provisions of Sections 46.02 and 46.03 prohibiting the possession or

carrying of a club do not apply to an animal control ofcer who holds a certicate

issued under Section 829.006, Health and Safety Code, and who possesses or

carries an instrument used specically for deterring the bite of an animal while the

ofcer is in the performance of ofcial duties under the Health and Safety Code or

is traveling to or from a place of duty.

(h) *[repealed by Acts 2007, 80

Leg., RS, HB 1815, §3.]

(i) *[repealed by Acts 2007, 80

Leg., RS, HB 1815, §3.]

(j) The provisions of Section 46.02 prohibiting the carrying of a handgun do

not apply to an individual who carries a handgun as a participant in a historical

reenactment performed in accordance with the rules of the Texas Alcoholic

Beverage Commission.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 13, eff. June 14,

2013.

Chapter 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

PC §49.01. DEFINITIONS. In this chapter:

(1) “Alcohol concentration” means the number of grams of alcohol per:

(A) 210 liters of breath;

(B) 100 milliliters of blood; or

(2) “Intoxicated” means:

(A) not having the normal use of mental or physical faculties by reason of the

introduction of alcohol, a controlled substance, a drug, a dangerous drug, a

combination of two or more of those substances, or any other substance into

the body; or

(B) having an alcohol concentration of 0.08 or more.

---

Last amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. September 1, 2001.

ALCOHOLIC BEVERAGE CODE

ABC §11.041. WARNING SIGN REQUIRED. (a) Each holder of a permit who

is not otherwise required to display a sign under Section 411.204, Government

Code, shall display in a prominent place on the permit holder’s premises a sign

giving notice that is unlawful for a person to carry a weapon on the premises

unless the weapon is a concealed handgun the person is licensed to carry under

Subchapter H, Chapter 411, Government Code.

(b) The sign must be at least 6 inches high and 14 inches wide, must appear in

contrasting colors, and shall be displayed in a conspicuous manner clearly visible

to the public. The commission or administrator may require the permit holder

to also display the sign in a language other than English if it can be observed or

determined that a substantial portion of the expected customers speak the other

TEXAS CONCEALED HANDGUN LAWS

language as their familiar language.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 1, eff. June 14,

2013.

ABC §11.61. CANCELLATION OR SUSPENSION OF PERMIT.

(e) Except as provided by Subsection (f) or (i), the commission or administrator

shall cancel an original or renewal permit if it is found, after notice and hearing,

that the permittee knowingly allowed a person to possess a rearm in a building

on the licensed premises. This subsection does not apply to a person:

(1) who holds a security ofcer commission issued under Chapter 1702,

Occupations Code, if;

(A) the person is engaged in the performance of the person’s duties as a

security ofcer,

(B) the person is wearing a distinctive uniform; and

(2) who is a peace ofcer;

(3) who is a permittee or an employee of a permittee if the person is supervising

the operation of the premises; or

(4) who possesses a concealed handgun the person is licensed to carry under

Subchapter H, Chapter 411, Government Code, unless the person is on the

premises of a business described by Section 46.035(b)(1), Penal Code.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 2, eff. June 14,

2013.

ABC §61.11. WARNING SIGN REQUIRED. (a) Each holder of a license who

is not otherwise required to display a sign under Section 411.204, Government

Code, shall display in a prominent place on the license holder’s premises a sign

giving notice that it is unlawful for a person to carry a weapon on the premises

unless the weapon is a concealed handgun the person is licensed to carry under

Subchapter H, Chapter 411, Government Code.

(b) The sign must be at least 6 inches high and 14 inches wide, must appear

in contrasting colors, and shall be displayed in a conspicuous manner clearly

visible to the public. The commission or administrator may require the holder of

the license to also display the sign in a language other than English if it can be

observed or determined that a substantial portion of the expected customers

speak the other language as their familiar language.

---

Last amended by Acts 2013, 83

Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 3, eff. June 14,

2013.

ABC §61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL

DEALER.

(f) Except as provided by Subsection (g) or (j), the commission or administrator

shall cancel an original or renewal dealer’s license on-premises or off-premises

license if it is found, after notice and hearing, that the licensee knowingly allowed

a person to possess a rearm in a building on the licensed premises. This

subsection does not apply to a person:

(1) who holds a security ofcer commission issued under Chapter 1702,

Occupations Code, if:

(A) the person is engaged in the performance of the person’s duties as a

security ofcer;

(B) the person is wearing a distinctive uniform; and

(2) who is a peace ofcer;

(3) who is a licensee or an employee of a licensee if the person is supervising

the operation of the premises; or

(4) who possesses a concealed handgun the person is licensed to carry under

Subchapter H, Chapter 411, Government Code, unless the person is on the

premises of a business described by Section 46.035(b)(1), Penal Code.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 4, eff. June 14,

2013.

CIVIL PRACTICE AND REMEDIES CODE

CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force

that is justied under Chapter 9, Penal Code, is immune from civil liability for

personal injury or death that results from the defendant’s use of force or deadly

force, as applicable.

---

Last amended by Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 4, eff. September 1,

2007.

CODE OF CRIMINAL PROCEDURE

CCP Art. 2.127. SCHOOL MARSHALS. (a) Except as provided by Subsection

(b), a school marshal may make arrests and exercise all authority given peace

ofcers under this code, subject to written regulations adopted by the board of

trustees of a school district or the governing body of an open-enrollment charter

school under Section 37.0811, Education Code, and only act as necessary to

prevent or abate the commission of an offense that threatens serious bodily injury

or death of students, faculty, or visitors on school premises.

(b) A school marshal may not issue a trafc citation for a violation of Chapter 521,

Transportation Code, or Subtitle C, Title 7, Transportation Code.

state to a peace ofcer.

(d) A person may not serve as a school marshal unless the person is:

(1) licensed under Section 1701.260, Occupations Code; and

(2) appointed by the board of trustees of a school district or the governing body

of an open-enrollment charter school under Section 37.0811, Education Code.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 655 (H.B. 1009), Sec. 2, eff. June 14, 2013.

CCP Art. 17.292(l). MAGISTRATES ORDER FOR EMERGENCY

PROTECTION. (a) At a defendant’s appearance before a magistrate after arrest

for an offense involving family violence or an offense under Section 22.011,

22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency

protection on the magistrate’s own motion or on the request of:

TEXAS CONCEALED HANDGUN LAWS

(1) the victim of the offense;

(2) the guardian of the victim;

(3) a peace ofcer; or

(4) the attorney representing the state.

(b) At a defendant’s appearance before a magistrate after arrest for an offense

involving family violence, the magistrate shall issue an order for emergency

protection if the arrest is for an offense that also involves:

(1) serious bodily injury to the victim; or

(2) the use or exhibition of a deadly weapon during the commission of an

assault.

arrested party from:

(1) committing:

(A) family violence or an assault on the person protected under the order; or

(B) an act in furtherance of an offense under Section 42.072, Penal Code;

(2) communicating:

(A) directly with a member of the family or household or with the person

protected under the order in a threatening or harassing manner; or

(B) a threat through any person to a member of the family or household or to

the person protected under the order;

(3) going to or near:

(A) the residence, place of employment, or business of a member of the

family or household or of the person protected under the order; or

(B) the residence, child care facility, or school where a child protected under

the order resides or attends; or

(4) possessing a rearm, unless the person is a peace ofcer, as dened by

Section 1.07, Penal Code, actively engaged in employment as a sworn, full-

time paid employee of a state agency or political subdivision.

(d) The victim of the offense need not be present in court when the order for

emergency protection is issued.

(e) In the order for emergency protection the magistrate shall specically

describe the prohibited locations and the minimum distances, if any, that the

party must maintain, unless the magistrate determines for the safety of the

person or persons protected by the order that specic descriptions of the

locations should be omitted.

(f) To the extent that a condition imposed by an order for emergency protection

issued under this article conicts with an existing court order granting possession

of or access to a child, the condition imposed under this article prevails for the

duration of the order for emergency protection.

(f-1) To the extent that a condition imposed by an order issued under this article

conicts with a condition imposed by an order subsequently issued under

Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family

Code, the condition imposed by the order issued under the Family Code prevails.

(f-2) To the extent that a condition imposed by an order issued under this article

conicts with a condition imposed by an order subsequently issued under

Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order

issued under this article prevails unless the court issuing the order under Chapter

83, Family Code:

(1) is informed of the existence of the order issued under this article; and

(2) makes a nding in the order issued under Chapter 83, Family Code, that

the court is superseding the order issued under this article.

(g) An order for emergency protection issued under this article must contain the

following statements printed in bold-face type or in capital letters:

“A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED

BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000

OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY

BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A STALKING

OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR

FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY

OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT

LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON,

OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL

CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME

PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO

IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE

OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.

“NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER

IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND

EFFECT UNLESS A COURT CHANGES THE ORDER.”

(h) The magistrate issuing an order for emergency protection under this article

shall send a copy of the order to the chief of police in the municipality where the

member of the family or household or individual protected by the order resides,

if the person resides in a municipality, or to the sheriff of the county where the

person resides, if the person does not reside in a municipality. If the victim of

the offense is not present when the order is issued, the magistrate issuing the

order shall order an appropriate peace ofcer to make a good faith effort to notify,

within 24 hours, the victim that the order has been issued by calling the victim’s

residence and place of employment. The clerk of the court shall send a copy of

the order to the victim.

(i) If an order for emergency protection issued under this article prohibits a

person from going to or near a child care facility or school, the magistrate shall

send a copy of the order to the child care facility or school.

(j) An order for emergency protection issued under this article is effective on

issuance, and the defendant shall be served a copy of the order in open court.

An order for emergency protection issued under Subsection (a) or (b)(1) of this

article remains in effect up to the 61

day but not less than 31 days after the date

of issuance. An order for emergency protection issued under Subsection (b)(2) of

this article remains in effect up to the 91

day but not less than 61 days after the

date of issuance. After notice to each affected party and a hearing, the issuing

court may modify all or part of an order issued under this article if the court nds

that:

(1) the order as originally issued is unworkable;

(2) the modication will not place the victim of the offense at greater risk than

did the original order; and

(3) the modication will not in any way endanger a person protected under the

order.

TEXAS CONCEALED HANDGUN LAWS

(k) To ensure that an ofcer responding to a call is aware of the existence and

terms of an order for emergency protection issued under this article, each

municipal police department and sheriff shall establish a procedure within the

department or ofce to provide adequate information or access to information

for peace ofcers of the names of persons protected by an order for emergency

protection issued under this article and of persons to whom the order is directed.

The police department or sheriff may enter an order for emergency protection

issued under this article in the department’s or ofce’s record of outstanding

warrants as notice that the order has been issued and is in effect.

(l) In the order for emergency protection, the magistrate shall suspend a license

to carry a concealed handgun issued under Subchapter H, Chapter 411,

Government Code, that is held by the defendant.(m) In this article:

(1) “Family,” “family violence,” and “household” have the meanings assigned by

Chapter 71, Family Code.

(2) “Firearm” has the meaning assigned by Chapter 46, Penal Code.

(n) On motion, notice, and hearing, or on agreement of the parties, an order for

emergency protection issued under this article may be transferred to the court

assuming jurisdiction over the criminal act giving rise to the issuance of the

emergency order for protection. On transfer, the criminal court may modify all or

part of an order issued under this subsection in the same manner and under the

same standards as the issuing court under Subsection (j).

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 255 (H.B. 570), Sec. 1, eff. June 14,

2013.

EDUCATION CODE

EDC §5.001. DEFINITIONS. In this subchapter:

(1) “Agency” means the Texas Education Agency.

(2) “Classroom teacher” means an educator who is employed by a school

district and who, not less than an average of fours hours each day, teaches

in an academic instructional setting or a career and technology instructional

setting. The term does not include a teacher’s aide or a full-time administrator.

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Last amended by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 1, eff. June 15, 2007.

EDC §22.081. DEFINITIONS. In this subchapter:

(1) “Department” means the Department of Public Safety.

(2) “National criminal history record information” means criminal history record

information obtained from the department under Subchapter F, Chapter 411,

Government Code, and from the Federal Bureau of Investigation under Section

411.087, Government Code.

(3) “Private school” means a school that:

(A) offers a course of instruction for students in one or more grades from

prekindergarten through grade 12; and

(B) is not operated by a governmental entity.

---

Last amended by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 6, eff. June 15, 2007.

EDC §37.0811. SCHOOL MARSHALS. (a) The board of trustees of a school

district or the governing body of an open-enrollment charter school may appoint

not more than one school marshal per 400 students in average daily attendance

per campus.

(b) The board of trustees of a school district or the governing body of an open-

enrollment charter school may select for appointment as a school marshal under

this section an applicant who is an employee of the school district or open-

enrollment charter school and certied as eligible for appointment under Section

1701.260, Occupations Code. The board of trustees or governing body may, but

shall not be required to, reimburse the amount paid by the applicant to participate

in the training program under that section.

governing body of an open-enrollment charter school may carry or possess a

handgun on the physical premises of a school, but only:

(1) in the manner provided by written regulations adopted by the board of

trustees or the governing body, and

(2) at a specic school as specied by the board of trustees or governing body,

as applicable,

(d) Any written regulations adopted for purposes of Subsection (c) must

provide that a school marshal may carry a concealed handgun as described by

Subsection (c), except that if the primary duty of the school marshal involves

regular, direct contact with students, the marshal may not carry a concealed

handgun but may possess a handgun on the physical premises of a school in a

locked and secured safe within the marshal’s immediate reach when conducting

the marshal’s primary duty. The written regulations must also require that a

handgun carried by or within access of a school marshal may be loaded only with

frangible ammunition designed to disintegrate on impact for maximum safety and

minimal danger to others.

(e) A school marshal may access a handgun under this section only under

circumstances that would justify the use of deadly force under Section 9.32 or

9.33, Penal Code,

(f) A school district or charter school 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 district or charter

school; or

(4) notice from the board of trustees of the district or the governing body of the

charter school that the employee’s services as a school marshal are no longer

required.

(g) The identity of a school marshal appointed under this section is condential,

except as provided by Section 1701.260(j), Occupations Code, and is not subject

to a request under Chapter 552, Government Code.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 655 (H.B. 1009), Sec. 3, eff. June 14, 2013.

EDC §61.003. DEFINITIONS. In this chapter:

(1) “Board” means the Texas Higher Education Coordinating Board.

TEXAS CONCEALED HANDGUN LAWS

(2) “Public junior college” means any junior college certied by the board in

accordance with Section 61.063 of this chapter.

(3) “General academic teaching institution” means The University of Texas

at Austin; The University of Texas at El Paso; The University of Texas of the

Permian Basin; The University of Texas at Dallas; The University of Texas at

San Antonio; Texas A&M University, Main University; The University of Texas at

Arlington; Tarleton State University; Prairie View A&M University; Texas Maritime

Academy; Texas Tech University; University of North Texas; Lamar University;

Lamar State College--Orange; Lamar State College--Port Arthur; Texas A&M

University--Kingsville; Texas A&M University--Corpus Christi; Texas Woman’s

University; Texas Southern University; Midwestern State University; University

of Houston; University of Texas--Pan American; The University of Texas at

Brownsville; Texas A&M University--Commerce; Sam Houston State University;

Texas State University; West Texas A&M University; Stephen F. Austin State

University; Sul Ross State University; Angelo State University; The University

of Texas at Tyler; and any other college, university, or institution so classied as

provided in this chapter or created and so classied, expressly or impliedly, by

law.

(4) “Public senior college or university” means a general academic teaching

institution as dened above.

(5) “Medical and dental unit” means The Texas A&M University System Health

Science Center and its component institutions, agencies, and programs; the

Texas Tech University Health Sciences Center; the Texas Tech University

Health Sciences Center at El Paso; The University of Texas Medical Branch at

Galveston; The University of Texas Southwestern Medical Center; The University

of Texas Medical School at San Antonio; The University of Texas Dental

Branch at Houston; The University of Texas M. D. Anderson Cancer Center;

The University of Texas Graduate School of Biomedical Sciences at Houston;

The University of Texas Dental School at San Antonio; The University of Texas

Medical School at Houston; The University of Texas Health Science Center--

South Texas and its component institutions, if established under Subchapter N,

Chapter 74; the nursing institutions of The Texas A&M University System and The

University of Texas System; and The University of Texas School of Public Health

at Houston; and such other medical or dental schools as may be established by

statute or as provided in this chapter.

(6) “Other agency of higher education” means The University of Texas System,

System Administration; Texas Western University Museum; Texas A&M

University System, Administrative and General Ofces; Texas Agricultural

Experiment Station; Texas Agricultural Extension Service; Rodent and Predatory

Animal Control Service (a part of the Texas Agricultural Extension Service);

Texas Engineering Experiment Station (including the Texas Transportation

Institute); Texas Engineering Extension Service; Texas Forest Service; Texas

Tech University Museum; Texas State University System, System Administration;

Sam Houston Memorial Museum; Panhandle-Plains Historical Museum; Cotton

Research Committee of Texas; Water Resources Institute of Texas; Texas

Veterinary Medical Diagnostic Laboratory; and any other unit, division, institution,

or agency which shall be so designated by statute or which may be established

to operate as a component part of any public senior college or university, or

which may be so classied as provided in this chapter.

(7) “Public technical institute” means the Lamar Institute of Technology or the

Texas State Technical College System.

(8) “Institution of higher education” means any public technical institute, public

junior college, public senior college or university, medical or dental unit, public

state college, or other agency of higher education as dened in this section.

(9) “Governing board” means the body charged with policy direction of any

public technical institute, public junior college, public senior college or university,

medical or dental unit, or other agency of higher education, including but

not limited to boards of directors, boards of regents, boards of trustees, and

independent school district boards insofar as they are charged with policy

direction of a public junior college.

(10) “University system” means the association of one or more public senior

colleges or universities, medical or dental units, or other agencies of higher

education under the policy direction of a single governing board.

(11) “Degree program” means any grouping of subject matter courses which,

when satisfactorily completed by a student, will entitle him to a degree from a

public senior college or university or a medical or dental unit.

(12) “Certicate program” means a grouping of subject-matter courses which,

when satisfactorily completed by a student, will entitle him to a certicate,

associate degree from a technical institute or junior college, or documentary

evidence, other than a degree, of completion of a course of study at the

postsecondary level.

(13) “Recognized accrediting agency” means the Southern Association of

Colleges and Schools and any other association or organization so designated

by the board.

(14) “Educational and general buildings and facilities” means buildings and

facilities essential to or commonly associated with teaching, research, or the

preservation of knowledge, including the proportional share used for those

activities in any building or facility used jointly with auxiliary enterprises.

Excluded are auxiliary enterprise buildings and facilities, including but not limited

to dormitories, cafeterias, student union buildings, stadiums, and alumni centers,

used solely for those purposes.

(15) “Private or independent institution of higher education” includes only a

private or independent college or university that is:

(A) organized under the Texas Non-Prot Corporation Act (Article 1396-1.01 et

seq., Vernon’s Texas Civil Statutes);

(B) exempt from taxation under Article VIII, Section 2, of the Texas

Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26

U.S.C. Section 501); and

(i) the Commission on Colleges of the Southern Association of Colleges and

Schools;

(ii) the Liaison Committee on Medical Education; or

(iii) the American Bar Association.

(16) “Public state college” means Lamar State College--Orange, Lamar State

College--Port Arthur, or the Lamar Institute of Technology.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 179 (H.B. 1844), Sec. 6, eff. September

1, 2013.

FAMILY CODE

FC §58.003. SEALING OF RECORDS. (m) On request of the Department of

TEXAS CONCEALED HANDGUN LAWS

Public Safety, a juvenile court shall reopen and allow the department to inspect

the les and records of the juvenile court relating to an applicant for a license

to carry a concealed handgun under Subchapter H, Chapter 411, Government

Code.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 27, eff.

September 1, 2013.

FC §85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO

COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court may order

the person found to have committed family violence to perform acts specied by

the court that the court determines are necessary or appropriate to prevent or

reduce the likelihood of family violence and may order that person to:

(1) complete a battering intervention and prevention program accredited under

Article 42.141, Code of Criminal Procedure;

(2) beginning on September 1, 2008, if the referral option under Subdivision (1)

is not available, complete a program or counsel with a provider that has begun

the accreditation process described by Subsection (a-1); or

(3) if the referral option under Subdivision (1) or, beginning on September

1, 2008, the referral option under Subdivision (2) is not available, counsel

with a social worker, family service agency, physician, psychologist, licensed

therapist, or licensed professional counselor who has completed family

violence intervention training that the community justice assistance division of

the Texas Department of Criminal Justice has approved, after consultation with

the licensing authorities described by Chapters 152, 501, 502, 503, and 505,

Occupations Code, and experts in the eld of family violence.

(a-1) Beginning on September 1, 2009, a program or provider serving as a

referral option for the courts under Subsection (a)(1) or

(2) must be accredited under Section 4A, Article 42.141, Code of Criminal

Procedure, as conforming to program guidelines under that article.

(b) In a protective order, the court may prohibit the person found to have

committed family violence from:

(1) committing family violence;

(2) communicating:

(A) directly with a person protected by an order or a member of the family or

household of a person protected by an order, in a threatening or harassing

manner;

(B) a threat through any person to a person protected by an order or a

member of the family or household of a person protected by an order; and

an order or a member of the family or household of a person protected by

an order, except through the party’s attorney or a per¬son appointed by the

court;

(3) going to or near the residence or place of employment or business of a

person protected by an order or a member of the family or household of a

person protected by an order;

(4) going to or near the residence, child-care facility, or school a child protected

under the order normally attends or in which the child normally resides; and

(5) engaging in conduct directed specically toward a person who is a person

protected by an order or a member of the family or house¬hold of a person

protected by an order, including following the person, that is reasonably likely to

harass, annoy, alarm, abuse, torment, or embarrass the person.

TEXAS CONCEALED HANDGUN LAWS

(6) possessing a rearm, unless the person is a peace ofcer, as dened by

Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time

paid employee of a state agency or political subdivision.

each prohibited location and the minimum distances from the location, if any,

that the party must maintain. This subsection does not apply to an order in which

Section 85.007 applies.

(d) In a protective order, the court shall suspend a license to carry a concealed

handgun issued under Subchapter H, Chapter 411, Government Code, that is

held by a person found to have committed family violence.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 543 (S.B. 555), Sec. 2, eff. September 1,

2013.

HEALTH & SAFETY CODE

HSC §12.092. MEDICAL ADVISORY BOARD; BOARD MEMBERS. (a) The

commissioner shall appoint the medical advisory board members from:

(1) persons licensed to practice medicine in this state, including physicians

who are board certied in internal medicine, psychiatry, neurology, physical

medicine, or ophthalmology and who are jointly recommended by the Texas

Department of Health and the Texas Medical Association; and

(2) persons licensed to practice optometry in this state who are jointly

recommended by the department and the Texas Optometric Association.

(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 concealed handgun under

the authority of Subchapter H, Chapter 411, Government Code, is capable of

exercising sound judgment with respect to the proper use and storage of a

handgun.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 16, eff. June 14,

2013.

HSC §12.095. BOARD PANELS; POWERS AND DUTIES. (a) If the Department

of Public Safety of the State of Texas requests an opinion or recommendation

from the medical advisory board as to the ability of an applicant or license holder

to operate a motor vehicle safely or to exercise sound judgment with respect

to the proper use and storage of a handgun, the commissioner or a person

designated by the commissioner shall convene a panel to consider the case or

question submitted by that department.

(b) To take action as a panel, at least three members of the medical advisory

board must be present.

the Department of Public Safety of the State of Texas that states the member’s

opinion as to the ability of the applicant or license holder to operate a motor

vehicle safely or to exercise sound judgment with respect to the proper use and

storage of a handgun, as appropriate. In the report the panel member may also

make recommendations relating to that department’s subsequent action.

(d) In its deliberations, a panel may examine any medical record or report that

TEXAS CONCEALED HANDGUN LAWS

contains material that may be relevant to the ability of the applicant or license

holder.

(e) The panel may require the applicant or license holder to undergo a medical or

other examination at the applicant’s or holder’s expense. A person who conducts

an examination under this subsection may be compelled to testify before the

panel and in any subsequent proceedings under Subchapter H, Chapter 411,

Government Code, or Subchapter N, Chapter 521, Transportation Code, as

applicable, concerning the person’s observations and ndings.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.22, eff.

September 1, 2009.

HSC §12.097. CONFIDENTIALITY REQUIREMENTS. (a) All records, reports,

and testimony relating to the medical condition of an applicant or license holder:

(1) are for the condential use of the medical advisory board, a panel, or the

Department of Public Safety of the State of Texas;

(2) are privileged information; and

(3) may not be disclosed to any person or used as evidence in a trial except as

provided by Subsection (b).

(b) In a subsequent proceeding under Subchapter H, Chapter 411, Government

Code, or Subchapter N, Chapter 521, Transportation Code, the medical

standards division may provide a copy of the report of the medical advisory board

or panel and a medical record or report relating to an applicant or license holder

to:

(1) the Department of Public Safety of the State of Texas;

(2) the applicant or license holder; and

(3) the ofcer who presides at the hearing.

---

Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.22, eff.

September 1, 2009.

HUMAN RESOURCE CODE

HRC §80.001. FINGERPRINTING FOR IDENTIFICATION. (a) A state law

enforcement agency or the law enforcement agency of any political subdivision

of the state shall comply with the request of a person to have a record of his

ngerprints made or a record of the ngerprints of a child or ward of the person

made.

provided under this section and may retain records of ngerprints made under

this section.

---

Last amended by Amended by Acts 1995, 74th Leg., ch. 695, Sec. 1, eff. September 1,

1995.

LABOR CODE

LC §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 holds a license to carry a concealed handgun

under Subchapter H, Chapter 411, Government Code, who otherwise lawfully

possesses a rearm, or who lawfully possesses ammunition from transporting or

TEXAS CONCEALED HANDGUN LAWS

storing a rearm 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.

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Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

LC §52.062. EXCEPTIONS. (a) Section 52.061 does not:

(1) authorize a person who holds a license to carry a concealed handgun

under Subchapter H, Chapter 411, Government Code, who otherwise lawfully

possesses a rearm, or who lawfully possesses ammunition to possess a

rearm or ammunition on any property where the possession of a rearm 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 rearm in the ofcial discharge of

the employee’s duties;

(B) a school district;

Code;

(D) a private school, as dened 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 rearms on the property; or

(F) property owned or leased by a chemical manufacturer or oil and gas rener

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 holds a license to carry a concealed handgun

under Subchapter H, Chapter 411, Government Code, and who stores a

rearm 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.

(b) Section 52.061 does not prohibit an employer from prohibiting an employee

who holds a license to carry a concealed handgun under Subchapter H, Chapter

411, Government Code, or who otherwise lawfully possesses a rearm, from

possessing a rearm the employee is otherwise authorized by law to possess on

the premises of the employer’s business. In this subsection, “premises” has the

meaning assigned by Section 46.035(f)(3), Penal Code.

---

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

LC §52.063. IMMUNITY FROM CIVIL LIABILITY. (a) Except in cases of gross

negligence, a public or private employer, or the employer’s principal, ofcer,

director, employee, or agent, is not liable in a civil action for personal injury,

death, property damage, or any other damages resulting from or arising out of

TEXAS CONCEALED HANDGUN LAWS

an occurrence involving a rearm or ammunition that the employer is required to

allow on the employer’s property under this subchapter.

(b) The presence of a rearm or ammunition on an employer’s property under the

authority of this subchapter does not by itself constitute a failure by the employer

to provide a safe workplace.

principal, ofcer, director, employee, or agent, does not have a duty:

(1) to patrol, inspect, or secure:

(A) any parking lot, parking garage, or other parking area the employer

provides for employees; or

(B) any privately owned motor vehicle located in a parking lot, parking

garage, or other parking area described by Paragraph (A); or

(2) to investigate, conrm, or determine an employee’s compliance with laws

related to the ownership or possession of a rearm or ammunition or the

transportation and storage of a rearm or ammunition.

---

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

LC §52.064. CONSTRUCTION OF PROVISION RELATING TO IMMUNITY

FROM CIVIL LIABILITY. Section 52.063 does not limit or alter the personal

liability of:

(1) an individual who causes harm or injury by using a rearm or ammunition;

(2) an individual who aids, assists, or encourages another individual to cause

harm or injury by using a rearm or ammunition; or

(3) an employee who transports or stores a rearm or ammunition on

the property of the employee’s employer but who fails to comply with the

requirements of Section 52.061.

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Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

LOCAL GOVERNMENT CODE

LGC §229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt

regulations relating to the transfer, private ownership, keeping, transportation,

licensing, or registration of rearms, ammunition, or rearm supplies.

(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 rearms within the limits of the municipality;

(3) regulate the use of property, the location of a business, or uses at a

business under the municipality’s re code, zoning ordinance, or land-use

regulations as long as the code, ordinance, or regulations are not used to

circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;

(4) regulate the use of rearms in the case of an insurrection, riot, or natural

disaster if the municipality nds 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; or

(6) regulate the carrying of a rearm by a person other than a person licensed

to carry a concealed handgun under Subchapter H, Chapter 411, Government

Code, at a:

(A) public park;

(B) public meeting of a municipality, county, or other governmental body;

(D) nonrearms-related school, college, or professional athletic event.

or is carried to or from an area designated for use in a lawful hunting, shing, or

other sporting event and the rearm is of the type commonly used in the activity.

(d) The exception provided by Subsection (b)(4) does not authorize the seizure

or conscation of any rearm or ammunition from an individual who is lawfully

carrying or possessing the rearm or ammunition.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 1, eff. June 14,

2013.

OCCUPATIONS CODE

OCC §1701.001. DEFINITIONS.

(1) “Commission” means the Texas Commission on Law Enforcement.

(2) “County jailer” means a person employed as a county jail guard under

Section 85.005, Local Government Code.

(3) “Ofcer” means a peace ofcer or reserve law enforcement ofcer.

(4) “Peace ofcer” means a person elected, employed, or appointed as a peace

ofcer under Article 2.12, Code of Criminal Procedure, or other law.

(5) “Public security ofcer” means a person employed or appointed as an armed

security ofcer by this state or a political subdivision of this state. The term

does not include a security ofcer employed by a private security company that

contracts with this state or a political subdivision of this state to provide security

services for the entity.

(6) “Reserve law enforcement ofcer” means a person designated as a reserve

law enforcement ofcer under Section 85.004, or 341.012, Local Government

Code, or Section 60.0775, Water Code.

(7) “Telecommunicator” means a person acknowledged by the commission

and employed by or serving a law enforcement agency that performs law

enforcement services on a 24-hour basis who receives, processes, and

transmits public safety information and criminal justice data for the agency by

using a base radio station on a public safety frequency regulated by the Federal

Communications Commission or by another method of communication.

(8) “School marshal” means a person employed and appointed by the board of

trustees of a school district or the governing body of an open-enrollment charter

school under Article 2.127, Code of Criminal Procedure, and in accordance with

and having the rights provided by Section 37.0811, Education Code.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 6, eff. June 14,

2013.

TEXAS CONCEALED HANDGUN LAWS

OCC §1701.260. TRAINING FOR HOLDERS OF LICENSE TO CARRY

CONCEALED HANDGUN; CERTIFICATION OF ELIGIBILITY FOR

APPOINTMENT AS SCHOOL MARSHAL. (a) The commission shall establish

and maintain a training program open to any employee of a school district

or open-enrollment charter school who holds a license to carry a concealed

handgun issued under Subchapter H, Chapter 411, Government Code. The

training may be conducted only by the commission staff or a provider approved

by the commission.

(b) The commission shall collect from each person who participates in the

training program identifying information that includes the person’s name, the

person’s date of birth, the license number of the license issued to the person

under Subchapter H, Chapter 411, Government Code, and the address of the

person’s place of employment.

(1) emphasize strategies for preventing school shootings and for securing the

safety of potential victims of school shootings;

(2) educate a trainee about legal issues relating to the duties of peace ofcers

and the use of force or deadly force in the protection of others;

(3) introduce the trainee to effective law enforcement strategies and

techniques;

(4) improve the trainee’s prociency with a handgun; and

(5) enable the trainee to respond to an emergency situation requiring deadly

force, such as a situation involving an active shooter.

(d) The commission, in consultation with psychologists, shall devise and

administer to each trainee a psychological examination to determine whether

the trainee is psychologically t to carry out the duties of a school marshal in an

emergency shooting or situation involving an active shooter. The commission

may license a person under this section only if the results of the examination

indicate that the trainee is psychologically t to carry out those duties.

(e) The commission shall charge each trainee a reasonable fee to cover the cost

to the commission of conducting the program. The commission shall charge each

person seeking renewal of a school marshal license a reasonable fee to cover

the cost to the commission of renewing the person’s license.

(f) The commission shall license a person who is eligible for appointment as a

school marshal who:

(1) completes training under this section to the satisfaction of the commission

staff, and

(2) is psychologically t to carry out the duties of a school marshal as indicated

by the results of the psychological examination administered under this section.

(g) A person’s license under this section expires on the rst birthday of the person

occurring after the second anniversary of the date the commission licenses the

person. A renewed school marshal license expires on the person’s birth date, two

years after the expiration date of the previous license.

(h) A person may renew the school marshal license under this section by:

(1) successfully completing a renewal course designed and administered by

the commission, which such license renewal training will not exceed 16 hours

combined of classroom and simulation training;

(2) demonstrating appropriate knowledge on an examination designed and

administered by the commission;

(3) demonstrating handgun prociency to the satisfaction of the commissions

TEXAS CONCEALED HANDGUN LAWS

staff; and

(4) demonstrating psychological tness on the examination described in

Subsection (d).

(i) The commission shall revoke a person’s school marshal license if the

commission is notied by the Department of Public Safety that the person’s

license to carry a concealed handgun issued under Subchapter H, Chapter 411,

Government Code, has been suspended or revoked. A person whose school

marshal license is revoked may obtain recertication by:

(1) furnishing proof to the commission that the person’s concealed handgun

license has been reinstated, and

(2) completing the initial training under Subsection (c) to the satisfaction

of the commission staff, paying the fee for the training, and demonstrating

psychological tness on the psychological examination described in

Subsection (d).

(j) The commission shall submit the identifying information collected under

Subsection (b) for each person licensed by the commission under this section to:

(1) the director of the Department of Public Safety;

(2) the person’s employer, if the person is employed by a school district or

open-enrollment charter school;

(3) the chief law enforcement ofcer of the local municipal law enforcement

agency if the person is employed at a campus of a school district or open-

enrollment charter school located within a municipality;

(4) the sheriff of a county if the person is employed at a campus of a school

district or open-enrollment charter school that is not within a municipality; and

(5) the chief administrator of any peace ofcer commissioned under Section

37.081, Education Code, if the person is employed at a school district that has

commissioned a peace ofcer under that section.

(k) The commission shall immediately report the expiration or revocation of a

school marshal license to the persons listed in Subsection (j).

(l) Identifying information about a person collected or submitted under this

section is condential, except as provided by Subsection (j), and is not subject to

disclosure under Chapter 552, Government Code.

---

Added by Acts 2013, 83

Leg., R.S., Ch. 655 (H.B. 1009), Sec. 5, eff. June 14, 2013.

OCC §1701.301. LICENSE REQUIRED. Except as provided by Sections

1701.310 and 1701.311, a person may not appoint a person to serve as an

ofcer, county jailer, school marshal, or public security ofcer unless the person

appointed holds an appropriate license issued by the commission.

---

Last amended by Acts 2013, 83rd Leg., R.S., Ch. 968 (H.B. 1951), Sec. 3, eff. January 1,

2014.

OCC §1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE

OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS AND FOR

FORMER RESERVE LAW ENFORCEMENT OFFICERS. (a) This section applies

to:

(1) a peace ofcer;

(2) a federal criminal investigator designated as a special investigator under

Article 2.122, Code of Criminal Procedure;

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(3) a qualied retired law enforcement ofcer who is entitled to carry a

concealed rearm under 18 U.S.C. Section 926C and is not otherwise described

by Subdivision (1) or (2), and

(4) a former reserve law enforcement ofcer who served in that capacity not

less than a total of 15 years with one or more state or local law enforcement

agencies.

(b) The head of a state or local law enforcement agency may allow an retired

peace ofcer an opportunity to demonstrate weapons prociency if the retired

ofcer provides to the agency a sworn afdavit stating that:

(1) the ofcer:

(A) honorably retired after not less than a total of 15 years of service as

a commissioned ofcer with one or more state or local law enforcement

agencies; or

(B) before completing 15 years of service as a commissioned ofcer with

one or more state or local law enforcement agencies, separated from

employment with the agency or agencies and is a qualied retired law

enforcement ofcer, as dened by 18 U.S.C. Section 926C;

(2) the ofcer’s license as a commissioned ofcer was not revoked

or suspended for any period during the ofcer’s term of service as a

commissioned ofcer; and

(3) the ofcer has no psychological or physical disability that would interfere

with the ofcer’s proper handling of a handgun.

(b-1) The head of a state or local law enforcement agency may allow a person

who served as a reserve law enforcement ofcer as described by Subsection (a)

(4) an opportunity to demonstrate weapons prociency if the person provides to

the agency a sworn afdavit stating that:

(1) the person served not less than a total of 15 years as a reserve law

enforcement ofcer with one or more state or local law enforcement agencies;

(2) the person’s appointment as a reserve law enforcement ofcer was not

revoked or suspended for any period during the person’s term of service: and

(3) the person has no psychological or physical disability that would interfere

with the person’s proper handling of a handgun.

certicate of prociency under this section. The agency shall issue the certicate

to a retired ofcer who satisfactorily demonstrates weapons prociency under

Subsection (b), provides proof that the ofcer is entitled to receive a pension or

annuity for service with a state or local law enforcement agency that employed

the retired ofcer does not offer a pension or annuity to its retired employees,

and satises the written procedures established by the agency. The agency shall

issue the certicate to a person described by Subsection (a)(4) who satisfactorily

demonstrates weapons prociency under Subsection (b-1). The agency shall

maintain records of any person who holds a certicate issued under this section.

(d) A certicate issued under this section expires on the second anniversary of

the date the certicate was issued. A person to whom this section applies may

request an annual evaluation of weapons prociency and issuance of a certicate

of prociency as needed to comply with applicable federal or other laws.

(j) On request of a person described by Subsection (a)(4) who holds a certicate

of prociency under this section, the head of the state or local law enforcement

agency at which the person last served as a reserve law enforcement ofcer

shall issue to the person identication that indicates the person’s status. An

TEXAS CONCEALED HANDGUN LAWS

identication under this subsection must include a photograph of the person.

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Added by Acts 2013, 83rd Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 2, eff. September 1,

2013.

PARKS AND WILDLIFE CODE

PWC §62.081. WEAPONS PROHIBITED. Except as provided in Section

62.082 of this code, no person may hunt with, possess, or shoot a rearm, bow,

crossbow, slingshot, or any other weapon on or across the land of the Lower

Colorado River Authority.

---

Added by Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. September 1, 1975.

PWC §62.082. TARGET RANGES, MANAGED HUNTS AND OTHER

EXCEPTIONS; RULES.

(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 ofcer as dened by Article 2.12, Code of Criminal Procedure; or

(4) a person who:

(A) possesses a concealed handgun and a license issued under Subchapter

H, Chapter 411, Government Code, to carry a concealed handgun; or

(B) under circumstances in which the person would be justied 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 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) possessing a concealed handgun; or

(2) under circumstances in which the person would be justied in the use of

deadly force under Chapter 9, Penal Code, shooting a handgun.

---

Last amended Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 11, eff. June 14,

2013. by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 11, eff. June 14, 2013.

TEXAS CONCEALED HANDGUN LAWS

Texas Department of Public Safety

Austin, Texas