Open Carry and the Impact on Texas Laws

On January 1, 2016, Texas House Bill 910, commonly referred to as the “open carry” bill, went into effect. The open carry bill lays out the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun. The new law has wide ranging impact across a variety of different laws. Below is a comprehensive outline of the different laws affected by open carry and how they have changed. The change to the offenses only apply to an offense committed on or after January 1, 2016, and an offense that occurred before that date is governed by the previous version of the statute. Some of the changes are simple and somewhat obvious, such as changing “concealed handgun” to simply “handgun.” However, this outline details each change in order to show what laws are affected by open carry and how they may affect those that practice open carry. Language removed from the law will be denoted with a strikethrough, and language added will be included in [brackets]. Following is a table of contents in order to locate specific areas of the law. NOTE: These are not the entire sections of the statutes, rather only the subsections or clauses affected by the new law. Because this is a rapidly evolving area of the law, it is highly recommended that you contact our office if you have any questions.

Table of Contents

Texas Alcoholic Beverage Code
    Warning Signs Required for Alcohol Permit
    Cancellation or Suspension of Alcohol Permit
    Warning Sign Required for Alcohol License
    Grounds for Cancellation or Suspension of Dealer’s License
Texas Criminal Procedure
    Suspension of License to Carry a Handgun for Protective Order
    Suspension of License to Carry a Handgun for Order of Emergency Protection
    Notification of Suspension of License to Carry a Handgun to Department of Public Safety
Texas Education Code
    Effect of Suspension or Revocation of License to Carry a Handgun on School Marshal
Texas Election Code
    Use of License to Carry a Handgun as Valid Identification During Election
Texas Family Code
    Use of License to Carry a Handgun as Valid Identification for Marriage License
    Reopening of Juvenile Records after License to Carry a Handgun Application
    Suspension of License to Carry a Handgun for Family Violence Conviction
    Notification of Suspension of License to Carry a Handgun to Department of Public Safety
Texas Government Code
    Statistical Reporting Regarding License to Carry a Handgun
    Pass for Expedited Access to Capitol
    Eligibility Requirements for License to Carry a Handgun
    Non-Resident License to Carry a Handgun
    Application for License to Carry a Handgun
    Issuance or Denial of License to Carry a Handgun
    License to Carry a Handgun Renewal Procedure
    Handgun Proficiency Requirements
    Qualified Handgun Instructor Requirements
    School Safety Certification for Qualified Handgun Instructors
    Alias Handgun License for Law Enforcement Officer
    License to Carry a Handgun for Active and Retired Judicial Officers
    Rights of Employers to Prohibit Carry on Premises
    Transportation and Storage of Firearms and Ammunition by License Holders in Private Vehicles on Certain Campuses
Texas Health and Safety Code
    Judgment Testing by Medical Advisory Board and DPS
Texas Labor Code
    Restrictions on Prohibiting Employees Access to or Storage of Firearm/Ammunition
    Exceptions to the Restrictions on Prohibiting Employee Access or Storage
Texas Local Government Code
    County Clerk Fees for Mental Health Background Check for License to Carry a Handgun
    Mental Health Background Check for License to Carry a Handgun
    Municipal Regulation of Firearms; Air Guns; Knives; and Explosives
Texas Occupation Code
    Training for Holders of License to Carry Handgun; Certification of Eligibility for School Marshal
    Security Officers
Texas Parks and Wildlife Code
    Target Ranges, Managed Hunts, and Other Exceptions; Rules
    Prohibited Discharge of Firearms
Texas Penal Code
    Criminal Trespass
    Trespass by License Holder with a Concealed Handgun
    Trespass by License Holder with an Openly Carried Handgun
    Unlawful Carrying of Weapons
    Places Weapons are Prohibited
    Unlawful Carrying of Handgun by License Holder
    Non-Applicability of Unlawful Carrying of Weapons and Places Where Weapons are Prohibited

Texas Alcoholic Beverage Code
§ 11.041 – Warning Sign Required: Permit
(a) Each holder of an alcohol permit is required to display a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless a weapon is a concealed handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.

§ 11.61 – Cancellation or Suspension of Permit
(e) Except for certain statutory exceptions, the commission shall cancel an original or renewal alcohol permit if it is found that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. However, this does not apply to a person 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 that has a permit or license issued under Chapter 25 (wine and beer retail permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail dealer’s on-premise license), or 74 (brewpub license) of the Alcoholic Beverage Code and the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption.

§ 61.11 – Warning Sign Required: License
(a) Each holder of a license shall display on the 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.

§ 61.71 – Grounds for Cancellation or Suspension: Retail Dealer
(f) Except for certain statutory exceptions, the commission shall cancel an original or renewal dealer’s on-premises or off-premises license if it is found that the licensee knowingly allowed a person to possess a firearm in a building on the licensed premises. However, this does not apply to a person who possess 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 that has a permit or license issued under Chapter 25 (wine and beer retail permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail dealer’s on-premise license), or 74 (brewpub license) of the Alcoholic Beverage Code and the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption.

Texas Criminal Procedure
Art. 7A.05 – Conditions Specified by Order
(c) In a protective order, the court may suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, that is held by the alleged offender.

Art. 17.292 – Magistrate’s Order for Emergency Protection
(I) 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.

Art. 17.293 – Delivery of Order for Emergency Protection to Other Persons
The magistrate or the clerk of the magistrate’s court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a concealed handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin Headquarters. On receipt of the order suspending the license, the department shall (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and demand surrender of the suspended license from the license holder.

Texas Education Code
§ 37.0811 – School Marshals
(f) A school district or charter school employee’s status as a school marshal becomes inactive on suspension or revocation of the employee’s license to carry a concealed handgun issues under Subchapter H, Chapter 411, Government Code.

Texas Election Code
§ 63.0101 – Documentation of Proof of Identification
The following documentation is an acceptable form of photo identification a voter must present to an election officer at the polling place: a license to carry a concealed handgun issued to the person by the Department of Public Safety that has not expired or that expired no earlier than 60 days before the date of presentation.

Texas Family Code
§ 2.005 – Proof of Identity and Age Regarding Application for Marriage License
(b) The county clerk requires proof of the identity and age of each applicant and the proof can be established by, among other options, a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

§ 58.003 – Sealing of Juvenile Records
(m) On request of the Department of Public Safety, a juvenile court shall reopen and allow the department to inspect the files 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.

§ 85.022 – Requirements of Order Applying to Person Who Committed Family Violence
(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.

§ 85.042 – Delivery of Protective Order to Other Persons
(e) The clerk of the court issuing an original or modified protective order under § 85.022 that suspends a license to carry a concealed handgun shall send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. On receipt of the order suspending the license, the department shall (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and (3) demand surrender of the suspended license from the license holder.

Texas Government Code
§ 411.047. This section outlines statistics that are kept in relation to responses by law enforcement agencies to incidents involving a person licensed to carry. The section title was changed and is now as follows: Reporting Related to [Certain] concealed Handgun Incidents [Involving License Holders].

§ 411.0625 – Pass for Expedited Access to Capitol
(A) The DPS shall allow a person to enter the Capitol and the Capitol Extension, including any public space in the Capitol or Capitol Extension, in the same manner as the department allows entry to a person who presents a concealed handgun license [to carry a handgun] under Subchapter H if the person (1) obtains from the department a Capitol access pass and (2) presents the pass to the appropriate law enforcement official when entering the building or a space within the building.

(B) To be eligible for a Capitol access pass, a person must meet the eligibility requirement applicable to carry a license to carry a concealed handgun under Subchapter H, other than requirements regarding evidence of handgun proficiency.

(C) The DPS shall adopt rules to establish a procedure by which a resident of the state may apply for and be issued a Capitol access pass. Rules adopted under this section must include provisions for eligibility, application, approval, issuance, and renewal that (1) require the department to conduct the same background check on an applicant for a Capitol access pass that is conducted on an applicant for a concealed handgun license [to carry a handgun] under Subchapter H; (2) enable the department to conduct a background check; and (3) establish application and renewal fees in amounts sufficient to cover the cost of administering this section, not to exceed the amounts of similar fees required under Section 411.174 for a concealed handgun license [to carry a handgun] under Section 411.174.

The title of Subchapter H, Chapter 411, Government Code has been updated to “License to Carry a Concealed Handgun.”

§411.172 – Eligibility for License to Carry a Handgun
(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 five 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 qualified under applicable federal and state law to purchase a handgun;
  10. has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
  11. has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
  12. 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-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 is not designated by a law of this state as a felony and does not contain all the elements of any offense designated by a law of this state as a felony.

(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

§ 411.173 – Non-Resident License
(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 Identification Index maintained by the Federal Bureau of Investigation

§ 411.174 – Application for License
(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 certified copy of the applicant’s birth certificate or certified proof of age;
  4. proof of residency in this state;
  5. two complete sets of legible and classifiable fingerprints of the applicant taken by a person appropriately trained in recording fingerprints who is employed by a law enforcement agency or by a private entity designated by a law enforcement agency as an entity qualified to take fingerprints of an applicant for a license under this subchapter;
  6. a nonrefundable application and license fee of $140 paid to the department;
  7. evidence of handgun proficiency, in the form and manner required by the department;
  8. an affidavit signed by the applicant stating that the applicant:
    1. 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
    2. fulfills all the eligibility requirements listed under Section 411.172; and
  9. a form executed by the applicant that authorizes the director to make an inquiry into any noncriminal history records that are necessary to determine the applicant’s eligibility for a license under Section 411.172(a).

§ 411.177 – Issuance or Denial of License
(a) The DPS 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.

§ 411.185 – License Renewal Procedure
(c) The director by rule shall adopt an informational form that describes state 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).

§ 411.188 – Handgun Proficiency Requirement
(b) Only qualified handgun instructors may administer the classroom instruction part or the range instruction part of the handgun proficiency 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, [including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns;] (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.

(g) A person who wishes to obtain a license to carry a concealed handgun must apply in person to a qualified handgun instructor to take the appropriate course in handgun proficiency and demonstrate handgun proficiency as required by the department.

§ 411.190 – Qualified Handgun Instructors
(b) In addition to the qualifications described by Subsection (a), a qualified handgun instructor must be qualified to instruct persons in: (1) the laws that relate to weapons and to the use of deadly force; (2) handgun use, proficiency, and safety, [including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns;] (3) nonviolent dispute resolution; and (4) proper storage practices for handguns, including storage practices that eliminate the possibility of accidental injury to a child.

(c) In the manner applicable to a person who applies for a license to carry a concealed handgun, the department shall conduct a background check of a person who applies for certification as a qualified handgun instructor. If the background check indicates that the applicant for certification would not qualify to receive a handgun license, the department may not certify the applicant as a qualified handgun instructor. If the background check indicates that the applicant for certification would qualify to receive a handgun license, the department shall provide handgun instructor training to the applicant. The applicant shall pay a fee of $100 to the department for the training. The applicant must take and successfully complete the training offered by the department and pay the training fee before the department may certify the applicant as a qualified handgun instructor. The department shall issue a license to carry a concealed handgun under the authority of this subchapter to any person who is certified as a qualified handgun instructor and who pays to the department a fee of $100 in addition to the training fee. The department by rule may prorate or waive the training fee for an employee of another governmental entity.

(f) If the department determines that a reason exists to revoke, suspend, or deny a license to carry a concealed handgun with respect to a person who is a qualified handgun instructor or an applicant for certification as a qualified handgun instructor, the department shall take that action against the person’s: (1) license to carry a concealed handgun if the person is an applicant for or the holder of a license issued under this subchapter; and (2) certification as a qualified handgun instructor.

§ 411.1901 – School Safety Certification for Qualified Handgun Instructors
(c) A qualified handgun instructor certified in school safety under this section 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.

§ 411.198 – Law Enforcement Officer Alias Handgun License
(a) On written approval of the director, the department may issue to a law enforcement officer an alias license to carry a concealed handgun to be used in supervised activities involving criminal investigations.

§ 411.201 – Active and Retired Judicial Officers
(c) An active judicial officer is eligible for a license to carry a concealed handgun under the authority of this subchapter. A retired judicial officer is eligible for a license to carry a concealed handgun under the authority of this subchapter if the officer: (1) has not been convicted of a felony; (2) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor 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 officer must submit to the department, among other things, 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.

(e) On receipt of all the application materials required by this section, the department shall: (1) if the applicant is an active judicial officer, issue a license to carry a concealed handgun under the authority of this subchapter; or (2) if the applicant is a retired judicial officer, conduct an appropriate background investigation to determine the applicant’s eligibility for the license and, if the applicant is eligible, issue a license to carry a concealed handgun under the authority of this subchapter.

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

§ 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.

§ 411.2032 – Transportation and Storage of Firearms and Ammunition by License Holders in Private Vehicles on Certain Campuses
(b) An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision or take any other action, including posting notice under Section 30.06 [or 30.07], Penal Code, prohibiting or placing restrictions on the storage or transportation of a firearm or ammunition in a locked, privately owned or leased motor vehicle by a person, including a student enrolled at that institution, who holds a license to carry a concealed handgun under this subchapter and lawfully possesses the firearm or ammunition: (1) on a street or driveway located on the campus of the institution; or (2) in a parking lot, parking garage, or other parking area located on the campus of the institution.

Texas Health and Safety Code
§ 12.092 – Medical Advisory Board; Board Members
(b) The medical advisory board shall assist the Texas DPS in determining whether an applicant for or a holder of a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, is capable of exercising sound judgment with respect to the proper use and storage of a handgun.

Texas Labor Code
§ 52.061 – Restrictions 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 firearm or who lawfully possesses ammunition, from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

§ 52.062 – Exceptions to § 52.061
52.061 does not authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm or ammunition to possess a firearm or ammunition, on any property whether the possession of a firearm or ammunition is prohibited by state or federal law. 52.061 does not apply to property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area (1) that contain the physical plant; (2) that is not open to the public; and (3) the ingress into which is constantly monitored by security personnel. § 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 firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer’s business.

Texas Local Government Code
§ 118.001 – Fees of County Clerk Other Than Court Fees
(b) The county clerk may set and collect a fee from any person for a Mental Health Background Check for License to Carry a concealed weapon [Handgun] and can charge no more than $2.

§ 118.0217 – Mental Health Background Check
(a) The fee for a “mental health background check for license to carry a [handgun] concealed weapon” is for a check, conducted by the county clerk at the request of the DPS, of the county records involving the mental condition of a person who applies for a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code. The fee, not to exceed $2, will be paid from the application fee submitted to the DPS.

§ 229.001 – Regulation of Firearms; Air Guns; Knives; Explosives
(b) (A) A municipality may not adopt regulations relating to (1) the transfer or registration of firearms, air guns, knives, ammunition, or firearm supplies or (2) the discharge of a firearm or air gun at a sport shooting range.

Subsection (A) does not affect the authority a municipality has under another law to regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a (1) public park; (2) public meeting of a municipality, county, or other governmental body; (3) political rally, parade, or official political meeting; or (4) non-firearms related school, college, or professional athletic event.

Texas Occupation Code
§ 1701.260 – Training for Holders of License to Carry a Concealed Handgun; Certification of Eligibility for Appointment as School Marshal
(a) The Texas Commission on Law Enforcement 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 issues under Subchapter H, Chapter 411, Government Code. The training may be conducted only by the commission staff or provider approved by the commission.

(b) The commission shall revoke a person’s school marshal license if the commission is notified by the DPS that the person’s license to carry a concealed handgun issues under Subchapter H, Chapter 411, Government Code, has been suspended or revoked. A person who marshal license is revoked may obtain recertification 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 fitness on the psychological examination described in subsection (d).

§ 1702.206 – Limited Authority to Carry Firearms
(b) An individual who is acting as a personal protection officer and is wearing the uniform of a security officer, including any uniform or apparel described by § 1702.323(d), may not conceal any firearm the individual is carrying and shall carry the firearm in plain view. An individual who is acting as a personal protection officer and is not wearing the uniform of a security officer shall conceal the firearm, [regardless of whether the individual is authorized to openly carry the firearm under any other law].

Texas Parks and Wildlife Code
§ 62.082 – Target Ranges, Managed Hunts, and Other Exceptions; Rules
(d) Section 62.081, which prevents possession or use of firearms, bows, or any other weapon on or across the land of the Lower Colorado River Authority, does not apply to a person who (1) possesses a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; or (2) under circumstances in which the person would be justified in the use of deadly force under Texas’ self-defense statute and shoots a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.

(e) A state agency, including the department, DPS, 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 possessing a concealed handgun.

§ 284.001 – Discharge of Firearms Prohibited
(e) This section prohibits the discharge of certain weapons on or in the bank of navigable rivers or streams. However, this section does not limit the ability of a license holder to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

Texas Penal Code
§ 30.05 – Criminal Trespass
(f) It is defense to prosecution under this section that 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 the person was carrying (A) a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; [and (B) a handgun in a concealed manner or in a shoulder or belt holster].

§ 30.06 – Trespass by [License] Holder [with a] of a License to Carry Concealed Handgun
(a) A license holder commits an offense if the license holder (1) carries a [concealed] handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent and (2) received notice that entry on the property by a license holder with a concealed handgun was forbidden or remaining on the property with a concealed handgun was forbidden and failed to depart.

(c) “Written Communication” means a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by [license] holder [with] of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun [licensing] law), may not enter this property with a concealed handgun” or a sign that includes the language in both Spanish and English.

(d) An offense under this section is a [Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a] Class A misdemeanor [if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by subsection (b) and subsequently failed to depart].

§ 30.07 – Trespass by License Holder with an Openly Carried Handgun
This statute is new and was created in its entirety by the Open Carry bill. A license holder commits an offense if the license holder openly carries a handgun under Subchapter H, Chapter 411, Government Code, on property of another without effective consent and received notice that entry on the property by a license holder openly carrying a handgun was forbidden. For this section, a person receives notice if the owner of the property or someone with apparent authority provides notice to the person by oral or written communication. Written communication is defined as a card or other document on which is written language identical to the following: “Pursuant to Section 30.07, Penal Code (trespass by [by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with handgun that is openly carried” or a sign that includes the language in both Spanish and English The offense classification is the same as in § 30.06(d). It is an exception to this section that the property on which the license holder openly carries is owned or leased by a governmental entity and is not a place where open carry is prohibited under 46.03 or 46.035. It is not a defense to prosecution that the handgun was carried in a shoulder or belt holster.

§ 46.02 – Unlawful Carrying Weapons
(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 the handgun is in plain view, [unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carries in a shoulder or belt holster]. **NOTE: This changes the Texas Motorist Protection Act and now allows the handgun to be in plain view as long as it is in a holster.

§ 46.03 – Places Weapons Prohibited
(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.

§ 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 their 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. [However, it is an exception to this subsection if the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, 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: (1) on the premises of an institution of higher education or private or independent institution of higher education; or (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.]

(b)(4) 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 [or carried in a shoulder or belt holster,] on or about the license holder’s person on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing [facility] home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing [facility] home administration, as appropriate.

(c) 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 [or carried in a shoulder or belt holster,] 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 or carried in a shoulder or belt holster.

(g) An offense under [this section] 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. **NOTE: This statute has been changed by Senate Bill 11, which addresses carrying of handguns on college campuses.

(h) It is a defense to prosecution under Subsection (a) [or (a–1)] that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9 (self-defense). **NOTE: This statute has been changed by Senate Bill 11, which addresses carrying of handguns on college campuses.

(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 [or 30.07].

(j) Subsections (a), [(a–1),] and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. **NOTE: This statute has been changed by Senate Bill 11, which addresses carrying of handguns on college campuses.

(1-a) “Institution of higher education” and “private or independent institution of higher education” have the meanings assigned by § 61.003, Education Code.

§ 46.15 – Nonapplicability
(a) Sections 46.02 (unlawful carrying weapons) and 46.03 (places weapons prohibited) do not apply to (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code; (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; or (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code and engaged in escorting the judicial officer.

(b) Section 46.02 (unlawful carrying weapons) does not apply to a person who (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun and a handgun in a concealed manner or in a shoulder or belt holster.