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 Civil Statutes, Article 4413(29ee).
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 ten-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, §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, §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:

   1. (A) the imposition of the sentence is subsequently probated and the person is discharged from community supervision; or
   2. (B) the person is pardoned for the offense, unless the pardon is expressly granted for subsequent proof of innocence.
9. (9) Department--The Texas Department of Public Safety, including employees of the department.
10. (10) Director--The Director of the Texas Department of Public Safety or the Director's designee.
11. (11) 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.
12. (12) Handgun--Has the meaning assigned by Texas Penal Code, §46.01.
13. (13) Instructor applicant--A person who applies for certification, either original or renewed, as a qualified handgun instructor.
14. (14) Intoxicated--Has the meaning assigned by Texas Penal Code, §49.01.
15. (15) License applicant--An applicant for a license, either original or renewed, to carry a concealed handgun under Texas Civil Statutes, Article 4413(29ee).
16. (16) License holder--A person licensed to carry a concealed handgun under Texas Civil Statutes, Article 4413(29ee).
17. (17) Qualified handgun instructor--A person who is certified by the department to instruct in the use of handguns.
18. (18) 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).
19. (19) 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.

20. (20) Unsound mind--The mental condition of a person who:

    1. (A) has been adjudicated mentally incompetent, mentally ill, or not guilty of a criminal offense by reason of insanity;
    2. (B) has been diagnosed by a licensed physician as being characterized by a mental disorder or infirmity that renders the person incapable of managing the person's self or the person's affairs, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder. Provided, that a person who refuses against medical advice to take medication prescribed by a licensed physician for a mental disorder or infirmity shall be considered to be "under medication"; or
    3. (C) has been diagnosed by a licensed physician as suffering from depression, manic depression, or post-traumatic stress syndrome, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder.

Source Note:The provisions of this §6.1 adopted to be effective January 8, 1996, 20 TexReg 11128.