THE TEXAS GUN OWNER'S GUIDE

Updates for 2003-2004

Changes to Edition 5 for the year 2003 and 2004 (Posted 10/04)

The Fifth Edition remains the most current in print.
The changes for 2005 are posted here.

Click here for a pdf version of 2003-2004 that will fit neatly into your book.

New bills posted in numerical order: November 2003

The new laws became effective on 9/1/03.Texas saw some excellent improvements to its gun laws in 2003, with little slippage on infringement issues. A complete review for all "statutes affected" in the recent legislative session will be conducted soon. The main bills enacted are described below. Many thanks to Alice Tripp and the Texas State Rifle Association, true Texas treasures, for help in developing this report. If you're not a member of this fine group, you should consider joining (http://www.tsra.org) and supporting the effort to keep Texas a free state with good gun laws.

The main bills affecting Texas gun law in 2003 --

Bill - Effect - Statutes Changed - Summary

SB 103 amend Penal Code 46.15 "Arm the government"
SB 103 add Penal Code 46.15 (g) Reciprocity for police
SB 117 add Occupations Code 1701.357 "Arm the government"
SB 117 amend Penal Code 46.15 "Arm the government"
HB 284 add Penal Code 46.15(g) RV carry approved
SB 501 add Penal Code 36.05(f) CHLs OK under trespass law
SB 501 add Penal Code 36.06 (e) CHLs generally OK in govt. bldgs.
SB 501 amend Penal Code 46.03 Courthouse definition enlarged
HB 1704 amend Government Code 411.172(b) Felony re-defined for CHL
HB 1704 amend Government Code 411.173(a) New-resident CHL application
HB 1704 add Government Code 411.173(a-1) Non-issuing states amendment
HB 3477 amend Government Code 411.173 Non resident license

Complete bill language, showing the added and deleted sections, appear at the end of this report.

"Arm the Government" Bills Advance in Texas (SB 103, SB 117)

A little known effect of federal terrorism laws since Nine-Eleven (the Patriot, Aviation and Homeland Security acts) is to increase federal gun law by 6.5%, a huge advance for such a short period of time. That's because various federal forces are authorizing themselves to be armed at all times (uninfringed carry -- the very thing the public is supposed to have, but does not have). Check our website updates for more on the federal side of this.

Texas experienced some similar activity locally, with the definition of officers expanded, approval for officer retirees to bear arms in an unfettered, uninfringed way, and reciprocity for out-of-state officers. Under SB 103, out-of-state officers can carry in Texas, either on- or off-duty, including in public establishments, under reciprocal agreements negotiated and approved by the Texas Attorney General and Governor.

Under SB 117, a special class of retired peace officers and retired federal investigators, described in the bill, may obtain a certificate of proficiency from their agencies, which exempts them from the restrictions on carry (listed under Penal Code 46.02 and 46.03) that most people would normally be under. The renewable certificate is good for two years. Qualifications require a sworn affidavit from the applicant, honorable retirement after 20 years, psychological and physical assessment, a court-approved tax at the option of the agency head (termed a "fee," funds go to the County), weapons proficiency test, unspecified written procedures, registration of certificate holders, and court approval before issuance. Makes you wonder what sort of hoops a civilian would need to go through to enjoy similar "rights."

Texas Enacts Motorhome Gun Rights (HB 284)

Law-abiding adults now enjoy the right to treat their motorhomes and travel trailers as their homes with respect to keeping and bearing handguns, knives and clubs. No CHL is required. This is an excellent idea for other states to pursue in the coming session: it advances the civil-right to arms; recognizes the individual right to keep and bear arms; acknowledges self defense; resolves a dangerous risk to the people, families and their children; it's fair; and most important, it is a reasonable common-sense law, an issue the news media always seems concerned about.

Effected vehicles are treated as your "premises" whether used on a temporary or permanent basis, and includes RVs, and towed vehicles such as a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

Texans Put Brakes on Government (SB 501)

Government agencies in Texas, emboldened by an opinion issued by an activist left-leaning Attorney General (now out of office), began banning CHL holders from carrying their firearms in government buildings. This law reverses that situation, and generally restores CHLs ability to carry in government buildings. State legislators reaffirmed their intent to exercise preemption, to stop localities and other sub groups from enacting their own gun bans. This new law clarifies several points:

1 - The enhanced penalties for trespass with a gun do not apply to people with a valid CHL;

2 - The law that allows a place to ban CHL holders by posting a sign (Penal Code 30.06) does not apply to a CHL holder on property owned or leased by a government entity, as long as it is not a premises or other place prohibited under 46.03 and 46.035 (the main prohibited-places lists). Reportedly, there is a power struggle under way between the citizens of the state, and some government officials who want to ignore the new law and continue to post signs to ban CHLs;

3 - The prohibited place in 46.03, "in any government court or offices utilized by the court," is expanded to, "on the premises of any government court or offices utilized by the court".

Rapid CHL for New Texans (HB 1704)

An oversight in the prior CHL law required newcomers to establish residency for six months before applying for a CHL, leaving them defenseless for half a year (see "Eligibility" under Government Code 411.172). This was changed to allow immediate application by a person who relocates to Texas with the intent of establishing residency (confusingly added to "Nonresident License" under Government Code 411.173; the six-month requirement remains in 411.172 and would apply to a person who moves to Texas without intent to relocate).

HB 1704 also allows issuing a license to a person who comes here from a state that does not provide a license to carry (this is added to 411.173). If such a state subsequently begins issuing suitable licenses, the Texas license still remains in effect (the authorities reportedly had been confiscating such licenses). If that state goes on to establish reciprocity with Texas, then the Texas CHL remains valid but becomes non-renewable, and upon expiration (or earlier if you desire) you would get a license from your home state, which would then be recognized in Texas.

A person from a state that issues a carry permit, but that does not have reciprocity with Texas must go through additional steps to exercise their rights, since their home-state license is not valid here and they are not elligible to get a non-resident Texas CHL (only non-residents from non-issuing states can apply). You would have to get a non-resident license in a third state, such as Florida, which will issue a non-resident license to you and which is also recognized in Texas.

This bill also clarifies what constitutes a disqualifying felony for the purpose of getting a carry license. The determination of a felony is made at the time you apply, so if the jurisdiction changes its definition at a later date, you are probably not subject to an ex post facto restriction and license revocation.

Non-Resident Licenses & Reciprocity (HB 3477)

One of the many drawbacks to the whole government-issued carry-license scheme is that non-residents of a state are denied their rights, or must endure loopholes and jump through hoops to enjoy a small taste of rights they should have on an uninfringed basis. Under changes just enacted, non-Texans from a non-permit-issuing state may obtain a Texas CHL, and it remains in effect even if their home state subsequently issues a license. They may renew the Texas license until their state is recognized by Texas. These changes relate to those made in HB 1704, listed above.

Recognition is now determined by the Governor with the Attorney General, not DPS (i.e., elected not appointed officials). The old and unworkable standard of their-requirements-meet-or-exceed-ours had been dropped, but bureaucratic difficulties kept this unclear. The new language clarifies that a background check by the other state that simply establishes eligibility to possess a handgun under federal law is sufficient grounds for recognition. The Governor can now also proclaim recognition of the other state's licenses even if they don't recognize Texas.

This new law also requires the AG to submit an annual list of states that qualify for recognition., For states that do not qualify, the AG must indicate the statute changes those states would need to make in their laws in order to qualify for recognition by Texas.

Main New Texas Gun Laws for 2003


[ ] = Deleted Language
< > = New Language
All bills below are ENROLLED (enacted version)
Effective 9/1/03

Bill Number: SB 103

AN ACT relating to the carrying of weapons by peace officers and by special investigators.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.15, Penal Code, is amended by amending Subsection (a) and adding Subsection (g) to read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers<, including commissioned peace officers of a recognized state, or special investigators under Article 2.122, Code of Criminal Procedure,> and neither section prohibits a peace officer <or special investigator> from carrying a weapon in this state<, including in an establishment in this state serving the public>, regardless of whether the <peace> officer <or special investigator> is engaged in the actual discharge of the officer's <or investigator's> duties while carrying the weapon;

(2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;

(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section 76.0051, Government Code; or

(4) 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 who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

<(g) In this section, "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:>

<(1) has firearm proficiency requirements for peace officers; and>

<(2) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.>

Bill Number: SB 117

AN ACT relating to the authority of certain retired peace officers and federal criminal investigators to carry certain weapons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 1701, Occupations Code, is amended by adding Section 1701.357 to read as follows:

<Sec. 1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE OFFICERS AND FEDERAL CRIMINAL INVESTIGATORS. (a) This section applies only to:>

<(1) a peace officer designated as a peace officer under Article 2.12(1), (2), (3), or (10), Code of Criminal Procedure; and>

<(2) a federal criminal investigator designated as a special investigator under Article 2.122(a)(1) or (5), Code of Criminal Procedure.>

<(b) The head of a state or local law enforcement agency may allow an honorably retired peace officer of the agency to whom this section applies an opportunity to demonstrate weapons proficiency if the retired officer provides to the agency a sworn affidavit stating that:>

<(1) the officer honorably retired after not less than 20 years of service as a commissioned officer;>

<(2) the officer's license as a commissioned officer was not revoked or suspended for any period during the officer's term of service as a commissioned officer; and>

<(3) the officer has no psychological or physical disability that would interfere with the officer's proper handling of a handgun.>

<(c) The agency shall establish written procedures for the issuance or denial of a certificate of proficiency under this section. The agency shall issue the certificate to a retired officer who satisfactorily demonstrates weapons proficiency under Subsection (b) and satisfies the written procedures established by the agency. The agency shall maintain records of any retired officer who holds a certificate issued under this section.>

<(d) A certificate issued under this section expires on the second anniversary of the date the certificate was issued.>

<(e) The head of a state or local law enforcement agency may set and collect fees to recover the expenses the agency incurs in performing duties under this section.>

<(f) The amount of a fee set by a county law enforcement agency under Subsection (e) is subject to the approval of the commissioners court of the county. A county law enforcement agency that collects a fee under Subsection (e) shall deposit the amounts collected to the credit of the general fund of the county.>

<(g) A county law enforcement agency must obtain approval of the program authorized by this section from the commissioners court of the county before issuing a certificate of proficiency under this section.>

<(h) The head of a state law enforcement agency may allow an honorably retired federal criminal investigator to whom this section applies an opportunity to demonstrate weapons proficiency in the same manner as, and subject to the same requirements applicable to, an honorably retired peace officer as described by this section. The agency shall issue a certificate of proficiency to an honorably retired federal criminal investigator who otherwise meets the requirements of this section and shall maintain records regarding the issuance of that certificate.>

SECTION 2. Subsection (a), Section 46.15, Penal Code, is amended to read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer's duties while carrying the weapon;

(2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;

(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section 76.0051, Government Code; [or]

(4) 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 who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code<; or>

<(5) an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:>

<(A) verifies that the officer honorably retired after not less than 20 years of service as a commissioned officer; and>

<(B) is issued by the agency from which the peace officer retired or, for a federal criminal investigator, by a state law enforcement agency>.

Bill Number: HB 284

AN ACT relating to the applicability of the offense of unlawfully carrying a weapon to certain persons carrying a weapon in a recreational vehicle.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.15, Penal Code, is amended by adding Subsection (g) to read as follows:

<(g) For the purpose of Subsection (b)(2), "premises" includes a recreational vehicle that is being used by the person carrying the handgun, illegal knife, or club 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.>

Bill Number: SB 501

AN ACT relating to the places where weapons are prohibited and to the application of criminal trespass laws to persons licensed to carry a concealed handgun.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 30.05, Penal Code, is amended by adding Subsection (f) to read as follows:

<(f) It is a defense to prosecution under this section that:>

<(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a 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 of the same category the person was carrying.>

SECTION 2. Section 30.06, Penal Code, is amended by adding Subsection (e) to read as follows:

<(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.>

SECTION 3. Subsection (a), Section 46.03, Penal Code, is amended to read as follows:

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, 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> [in] any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4) on the premises of a racetrack;

(5) in or into a secured area of an airport; or

(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

Bill Number: HB 1704

AN ACT relating to certain eligibility requirements for a license to carry a concealed handgun.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.172(b), Government Code, is amended to read as follows:

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

(1) a felony if the offense<, at the time of a person's application for a license to carry a concealed handgun:>

<(A)> is [so] 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>

<(C) is punishable by> [or if] confinement for one year or more in a penitentiary [is affixed to the offense as a possible punishment]; and

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

SECTION 2. Section 411.173, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

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

<(a-1) If a state whose residents may obtain a license under this subchapter by following the procedure established under Subsection (a) enacts a law providing for the issuance of a license to carry a concealed handgun, a license issued under this subchapter to a resident of that state:>

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

<(2) may be renewed under Section 411.185 unless the department negotiates an agreement with that state under Subsection (b).>

Bill Number: HB 3477

AN ACT relating to the issuance of concealed handgun licenses to residents of certain other states and to reciprocity agreements with other states concerning concealed handgun licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.173, Government Code, is amended to read as follows:

Sec. 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who is a legal resident of a state that does not provide for the issuance of a license to carry a concealed handgun and who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant. <If a state whose residents may obtain a license under this subsection enacts a law providing for the issuance of a license to carry a concealed handgun, a license issued to a resident of that state:>

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

<(2) may be renewed under Section 411.185 until the time a license issued by the other state is recognized by this state under Subsection (b).>

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

[(1)] <a> [the eligibility requirements imposed by the other state include] background check <of each applicant for a license issued by that state is conducted by state or local authorities or an agent of the state or local authorities before the license is issued to determine the applicants' eligibility to possess a firearm under federal law> [requirements that meet or exceed background check requirements imposed by federal law as a condition of receiving a handgun; and]

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

<(c) The attorney general of the State of Texas shall annually:>

<(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.>