Bill Analysis for HB 910-Licensed Open Carry

Frequently Asked Questions?

When will licensed open carry go into effect?

January 1 2016

Will I be required additional training or to get a new license, one that doesn’t say “concealed”?

No, no additional training is required and after January 1st a renewed license will be for a handgun license. You now have a License To Carry.

Will reciprocity with other states change?

No, Texans must follow other state’s laws, some of which allow open carry and some do not. Licensees traveling to Texas from states enjoying full reciprocity with Texas must follow our laws, as always.

Am I required to have a certain type of holster for my handgun if it’s all or partially exposed?

Yes, statute requires a belt or shoulder holster for your handgun to be exposed, including in your vehicle. If you’re in your vehicle and your handgun is exposed it must be in a belt or shoulder holster or stored out of sight. There is no requirement for a retention holster, that’s at your discretion.

Can I be prevented access from any location while carrying an exposed handgun?

Yes, in order for private property owners, not listed as prohibited in current law, to prohibit access by a licensee with an exposed or partially exposedhandgun, the location must post PC 30.07 sign. This simply means concealed is okay and but exposed is not. You could also be asked to leave. Walking past a PC 30.07 sign is a class C misdemeanor butrefusing to leave when you’ve been asked to do so is a class A and could cause the loss of your license. If you are asked to leave, do so immediately.

Note: If a business wants to prohibit all licensees, they must post both PC 30.06 and PC 30.07. Also, NO exposed handguns are allowed on the grounds or any portion of a college campus, only those that are concealed.

Following is the official bill analysis for HB 910, the version of the bill signed by Governor Greg Abbott. TSRA and NRA were part of the bill signing ceremony at Red’s Indoor Range in Austin, TX. Thank you, Governor Abbott!

Legislative Session: 84(R)

House Bill 910 / House Author: Phillips et al.
Effective: See below / Senate Sponsor: Estes et al.

Previous law provided for a licensing scheme to carry a concealed handgun under certain circumstances. House Bill 910 amends the Alcoholic Beverage Code, Code of Criminal Procedure, Education Code, Election Code, Family Code, Government Code, Health and Safety Code, Labor Code, Local Government Code, Occupations Code, Parks and Wildlife Code, and Penal Code to authorize a person who is licensed to carry a handgun to openly carry a holstered handgun. The bill decreases the penalty for a license holder trespassing with a concealed handgun to a Class C misdemeanor and creates a Class C misdemeanor offense for a license holder trespassing with an openly carried handgun. The penalty for these trespassing offenses is enhanced to a Class A misdemeanor if the trespasser ignores verbal notice that the person may not enter or remain on the property with a handgun. The bill makes it a Class A misdemeanor offense for a handgun license holder to carry a partially or wholly visible handgun on or about the license holder's person and intentionally display the handgun in plain view of another person on the premises or certain streets, walkways, driveways, or parking areas of a public, private, or independent institution of higher education.

House Bill 910 takes effect January 1, 2016, except that the provision set to expire on September 1, 2019, relating to the fee for a mental health background check for a license to carry a handgun takes effect September 1, 2015, and an identical provision takes effect September 1, 2019.

Texas State Rifle Association – 8411 N. Interstate 35; Austin, TX 78753 – 512-615-4200

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