Texas 2009 - 81st Regular

Texas House Bill HB1498 Compare Versions

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1	1	By: King of Zavala H.B. No. 1498
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the information required to be displayed on a license to
7	7	carry a concealed handgun and the duty of a license holder to keep
8	8	that information current.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.179(c), Government Code, as added by
11	11	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
12	12	Session, 2007, is amended to read as follows:
13	13	(c) In adopting the form of the license under Subsection
14	14	(a), the department shall establish a procedure for the license of a
15	15	qualified handgun instructor or of a judge, justice, prosecuting
16	16	attorney, or assistant prosecuting attorney, as described by
17	17	Section 46.15(a)(4) or (6), Penal Code, to indicate on the license
18	18	the license holder's status as a qualified handgun instructor or as
19	19	a judge, justice, district attorney, criminal district attorney, or
20	20	county attorney. In establishing the procedure, the department
21	21	shall require sufficient documentary evidence to establish the
22	22	license holder's status under this subsection.
23	23	SECTION 2. Sections 411.181(a) and (b), Government Code, as
24	24	amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300), Acts of the
25	25	80th Legislature, Regular Session, 2007, are reenacted and amended
26	26	to read as follows:
27	27	(a) If a person who is a current license holder moves from
28	28	any residence [the] address stated on the license [to a new
29	29	residence address], if the name of the person is changed by marriage
30	30	or otherwise, or if the person's status [as a judge, justice,
31	31	district attorney, prosecuting attorney, or assistant prosecuting
32	32	attorney, as a federal judge, a state judge, or the spouse of a
33	33	federal judge or state judge,] becomes inapplicable for purposes of
34	34	the information required to be displayed on the license under
35	35	Section 411.179 [411.179(c)], the person shall, not later than the
36	36	30th day after the date of the address, name, or status change,
37	37	notify the department and provide the department with the number of
38	38	the person's license and, as applicable, the person's:
39	39	(1) former and new addresses; [or]
40	40	(2) former and new names; or
41	41	(3) former and new status.
42	42	(b) If the name of the license holder is changed by marriage
43	43	or otherwise, or if the person's status [as a federal judge or state
44	44	judge, or the spouse of a federal judge or state judge] becomes
45	45	inapplicable as described by Subsection (a), the person shall apply
46	46	for a duplicate license. The duplicate license must reflect
47	47	[include] the person's current name, residence address, and status.
48	48	SECTION 3. Section 411.187(a), Government Code, is amended
49	49	to read as follows:
50	50	(a) A license may be suspended under this section if the
51	51	license holder:
52	52	(1) is charged with the commission of a Class A or
53	53	Class B misdemeanor or an offense under Section 42.01, Penal Code,
54	54	or of a felony under an information or indictment;
55	55	(2) fails to display a license as required by Section
56	56	411.205;
57	57	(3) fails to notify the department of a change of
58	58	address, [or] name, or status as required by Section 411.181;
59	59	(4) carries a concealed handgun under the authority of
60	60	this subchapter of a different category than the license holder is
61	61	licensed to carry;
62	62	(5) fails to return a previously issued license after
63	63	a license is modified as required by Section 411.184(d);
64	64	(6) commits an act of family violence and is the
65	65	subject of an active protective order rendered under Title 4,
66	66	Family Code; or
67	67	(7) is arrested for an offense involving family
68	68	violence or an offense under Section 42.072, Penal Code, and is the
69	69	subject of an order for emergency protection issued under Article
70	70	17.292, Code of Criminal Procedure.
71	71	SECTION 4. Section 521.001(a), Transportation Code, is
72	72	amended by adding Subdivisions (3-a) and (8-a) to read as follows:
73	73	(3-a) "Federal judge" means:
74	74	(A) a judge of a United States court of appeals;
75	75	(B) a judge of a United States district court;
76	76	(C) a judge of a United States bankruptcy court;
77	77	or
78	78	(D) a magistrate judge of a United States
79	79	district court.
80	80	(8-a) "State judge" means:
81	81	(A) the judge of an appellate court, a district
82	82	court, or a county court at law of this state; or
83	83	(B) an associate judge appointed under Chapter
84	84	201, Family Code.
85	85	SECTION 5. Sections 521.054(a) and (b), Transportation
86	86	Code, are amended to read as follows:
87	87	(a) This section applies to a person who:
88	88	(1) after applying for or being issued a [the] license
89	89	or certificate moves to a new residence [from the] address [stated
90	90	in the person's application for a license or certificate];
91	91	(2) has used the procedure under Section 521.121(c)
92	92	and whose status as a federal judge, a state judge, or the spouse of
93	93	a federal or state judge becomes inapplicable [moves from the
94	94	address shown on the license or certificate held by the person]; or
95	95	(3) changes the person's name by marriage or
96	96	otherwise.
97	97	(b) A person subject to this section shall notify the
98	98	department of the change not later than the 30th day after the date
99	99	on which the change takes effect and apply for a duplicate license
100	100	or certificate as provided by Section 521.146. The duplicate
101	101	license must include the person's current residence address.
102	102	SECTION 6. Section 521.121, Transportation Code, is amended
103	103	by amending Subsection (a) and adding Subsection (c) to read as
104	104	follows:
105	105	(a) The driver's license must include:
106	106	(1) a distinguishing number assigned by the department
107	107	to the license holder;
108	108	(2) a color photograph of the entire face of the
109	109	holder;
110	110	(3) the full name and[,] date of birth[, and residence
111	111	address] of the holder; [and]
112	112	(4) a brief description of the holder; and
113	113	(5) the license holder's residence address or, for a
114	114	license holder using the procedure under Subsection (c), the street
115	115	address of the courthouse in which the license holder or license
116	116	holder's spouse serves as a federal judge or state judge.
117	117	(c) The department shall establish a procedure for a federal
118	118	judge, a state judge, or the spouse of a federal or state judge to
119	119	omit the license holder's residence address on the license and to
120	120	include, in lieu of that address, the street address of the
121	121	courthouse in which the license holder or license holder's spouse
122	122	serves as a federal judge or state judge. In establishing the
123	123	procedure, the department shall require sufficient documentary
124	124	evidence to establish the license holder's status as a federal
125	125	judge, state judge, or the spouse of a federal or state judge.
126	126	SECTION 7. Section 521.142(c), Transportation Code, is
127	127	amended to read as follows:
128	128	(c) The application must state:
129	129	(1) the sex of the applicant;
130	130	(2) the residence address of the applicant, or if the
131	131	applicant is a federal judge, a state judge, or the spouse of a
132	132	federal or state judge using the procedure developed under Section
133	133	521.121(c), the street address of the courthouse in which the
134	134	applicant or the applicant's spouse serves as a federal judge or a
135	135	state judge;
136	136	(3) whether the applicant has been licensed to drive a
137	137	motor vehicle before;
138	138	(4) if previously licensed, when and by what state or
139	139	country;
140	140	(5) whether that license has been suspended or revoked
141	141	or a license application denied;
142	142	(6) the date and reason for the suspension,
143	143	revocation, or denial;
144	144	(7) whether the applicant is a citizen of the United
145	145	States; and
146	146	(8) the county of residence of the applicant.
147	147	SECTION 8. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2009.