The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--Texas Government Code, Chapter 411, Subchapter H.
2. (2) Active judicial officer--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.
3. (3) Applicant--A license applicant or an instructor applicant.
4. (4) Certified handgun instructor--A qualified handgun instructor.

5. (5) Chemically dependent person--A person who:

   1. (A) frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented;
   2. (B) has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense;
   3. (C) is an unlawful user of or addicted to any controlled substance; or
   4. (D) is an addict, as defined by United States Code Section 802.
6. (6) Concealed handgun--A handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
7. (7) Controlled substance--has the meaning assigned by 21 United States Code Section 802.

8. (8) Convicted--An adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction for an offense under the laws of this state, another state, or the United States, 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 which has been subsequently:

   1. (A) expunged; or
   2. (B) pardoned under the authority of a state or federal official.
9. (9) Delinquent Conduct--Has the meaning assigned by Family Code, §51.03.
10. (10) Department--The Texas Department of Public Safety, including employees of the department.
11. (11) Director--The Director of the Texas Department of Public Safety or the Director's designee.
12. (12) Director's designee--For purposes of conducting background investigations under this chapter, refers to an employee of the department, unless otherwise specified by the Director.
13. (13) Finally determined--whether a person has been finally determined to be delinquent in the payment of taxes, student loans, or child support payments will be determined by the agency reporting the delinquency to the Department.
14. (14) Handgun--Has the meaning assigned by Texas Penal Code, §46.01.
15. (15) Instructor applicant--A person who applies for certification, either original or renewed, as a qualified handgun instructor.
16. (16) Intoxicated--Has the meaning assigned by Texas Penal Code, §49.01.
17. (17) License applicant--An applicant for a license, either original or renewed, to carry a concealed handgun under the Act.
18. (18) License holder--A person licensed to carry a concealed handgun under the Act.
19. (19) Qualified handgun instructor--A person who is certified by the department to instruct in the use of handguns.
20. (20) Residence--Domicile; that is, one's home and fixed place of habitation to which he intends to return after any temporary absence. The term "residence" has the meaning assigned in §15.25 of this title (relating to Address).
21. (21) Retired judicial officer--A special judge appointed under Texas Government Code, §26.023 or §26.024; or a senior judge designated under Texas Government Code, §75.001; or a judicial officer as designated or defined by Texas Government Code, §75.001, §831.001, or §836.001.

Source Note:The provisions of this §6.1 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective August 19, 1999, 24 TexReg 6307; amended to be effective December 25, 2003, 28 TexReg 11340.