This article about sums it up:
http://www.thetruthaboutguns.com/20...-a-texas-open-carrier-to-check-for-a-license/
Clear as mud I suppose. But really no different than any other OC state in the union.
It all depends on whether the lack of a license is an element of the crime of "Unlawful Carrying of Weapons" TX Penal code 46.02.
Section 46.15 Titled "Nonapplicability" says 46.02 does not apply to a license holder. If this section makes the lack of a license an element of the crime, then the Police do not have the power to compel you to display your license.
This means that the cop has to have reasonable cause to believe that you lack a license. For example, an obviously 12 year old with a holstered sidearm would satisfy the reasonable cause, since a 12 year old can not get a license.
A cop sees you with a gun and casually makes a comment of "you got a permit for that?". You reply "sure" and keep walking. There is no reasonable cause. You can also simply ignore and keep walking. This also does not create a RAS(Reasonable Articulale Suspicion). If you bolt, then RAS would be substantiated.
Texas Penal code Title 1 chapter 2, section 2.02 seems to imply that "Exceptions" are elements of the crime, that must be negated in the charging document.
Ultimately, a court must decide, but all indications are that a lack of a license is an element of the crime and so Texas cops should not be able to simply say "your papers, please" come 1st of January, which is tomorrow.
Georgia, where I live, went through this a few years ago, and the law was intentionally changed to make a lack of a license an element of the crime. If there are any doubt, in Texas, making this subtle change should be much easier than out right stating that the cops can't ask to see the license.
Current 46.02 says:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
Why not change it to:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS "Without a License". (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club "WITHOUT A LICENSE ISSUED UNDER Subchapter H, Chapter 411, Government Code," if the person is not: (addition in quotes)
That would make it black an white. No ambiguity at all.