Texas 2009 - 81st Regular

Texas House Bill HB3777 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R3193 JSC-D
2	2	By: Flynn H.B. No. 3777
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a perpetual license to carry a concealed handgun.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.171, Government Code, is amended by
10	10	adding Subdivisons (8), (9), and (10) to read as follows:
11	11	(8) "License" means a perpetual license or a renewable
12	12	license issued under this chapter.
13	13	(9) "Perpetual license" means a license that is issued
14	14	by the department and authorizes a person to carry a concealed
15	15	handgun and that is not subject to renewal.
16	16	(10) "Renewable license" means a license that is
17	17	issued by the department and authorizes a person to carry a
18	18	concealed handgun and that is subject to renewal.
19	19	SECTION 2. Section 411.173(a), Government Code, is amended
20	20	to read as follows:
21	21	(a) The department by rule shall establish a procedure for a
22	22	person who meets the eligibility requirements of this subchapter
23	23	other than the residency requirement established by Section
24	24	411.172(a)(1) to obtain a license under this subchapter if the
25	25	person is a legal resident of another state or if the person
26	26	relocates to this state with the intent to establish residency in
27	27	this state. The procedure must include payment of a fee in an
28	28	amount sufficient to recover the average cost to the department of
29	29	obtaining a criminal history record check and investigation on a
30	30	nonresident applicant. A renewable license issued in accordance
31	31	with the procedure established under this subsection[:
32	32	[(1)] remains in effect until the license expires
33	33	under Section 411.183[;] and
34	34	[(2)] may be renewed under Section 411.185. A
35	35	perpetual license issued in accordance with the procedure
36	36	established under this subsection does not expire and is not
37	37	subject to renewal under Section 411.185.
38	38	SECTION 3. Section 411.174(a), Government Code, is amended
39	39	to read as follows:
40	40	(a) An applicant for a license to carry a concealed handgun
41	41	must submit to the director's designee described by Section
42	42	411.176:
43	43	(1) a completed application on a form provided by the
44	44	department that requires only the information listed in Subsection
45	45	(b);
46	46	(2) two recent color passport photographs of the
47	47	applicant, except that an applicant who is younger than 21 years of
48	48	age must submit two recent color passport photographs in profile of
49	49	the applicant;
50	50	(3) a certified copy of the applicant's birth
51	51	certificate or certified proof of age;
52	52	(4) proof of residency in this state;
53	53	(5) two complete sets of legible and classifiable
54	54	fingerprints of the applicant taken by a person appropriately
55	55	trained in recording fingerprints who is employed by a law
56	56	enforcement agency or by a private entity designated by a law
57	57	enforcement agency as an entity qualified to take fingerprints of
58	58	an applicant for a license under this subchapter;
59	59	(6) a nonrefundable application and license fee [of
60	60	$140] paid to the department of:
61	61	(A) $140 for a renewable license; or
62	62	(B) $300 for a perpetual license;
63	63	(7) a handgun proficiency certificate described by
64	64	Section 411.189;
65	65	(8) an affidavit signed by the applicant stating that
66	66	the applicant:
67	67	(A) has read and understands each provision of
68	68	this subchapter that creates an offense under the laws of this state
69	69	and each provision of the laws of this state related to use of
70	70	deadly force; and
71	71	(B) fulfills all the eligibility requirements
72	72	listed under Section 411.172; and
73	73	(9) a form executed by the applicant that authorizes
74	74	the director to make an inquiry into any noncriminal history
75	75	records that are necessary to determine the applicant's eligibility
76	76	for a license under Section 411.172(a).
77	77	SECTION 4. Section 411.183, Government Code, is amended to
78	78	read as follows:
79	79	Sec. 411.183. EXPIRATION OF RENEWABLE LICENSE. (a) A
80	80	renewable license issued under this subchapter expires on the first
81	81	birthday of the license holder occurring after the fourth
82	82	anniversary of the date of issuance.
83	83	(b) A renewable [renewed] license renewed under this
84	84	section expires on the license holder's birthdate, five years after
85	85	the date of the expiration of the previous license.
86	86	(c) A duplicate renewable license expires on the date the
87	87	renewable license that was duplicated would have expired.
88	88	(d) A modified renewable license expires on the date the
89	89	renewable license that was modified would have expired.
90	90	(e) A perpetual license does not expire and is not subject
91	91	to renewal under this section.
92	92	SECTION 5. Subchapter H, Chapter 411, Government Code, is
93	93	amended by adding Section 411.1845 to read as follows:
94	94	Sec. 411.1845. CONVERSION TO PERPETUAL LICENSE. (a) A
95	95	person who holds an unexpired renewable license may convert the
96	96	renewable license to a perpetual license by submitting to the
97	97	department:
98	98	(1) an application for a conversion to a perpetual
99	99	license; and
100	100	(2) payment of a $160 fee.
101	101	(b) Notwithstanding Subsection (a), if on January 1, 2010, a
102	102	person holds an unexpired renewable license issued under this
103	103	subchapter, the person may convert that license to a perpetual
104	104	license before the expiration date of the person's renewable
105	105	license by submitting to the department:
106	106	(1) an application for a conversion to a perpetual
107	107	license; and
108	108	(2) payment of a $50 fee.
109	109	(c) The director by rule shall adopt a form for the
110	110	application for conversion. A form adopted under this subsection
111	111	must require an update of the information in the person's most
112	112	recent completed application for a license.
113	113	(d) On receipt of a perpetual license under this section,
114	114	the license holder shall return the previously issued renewable
115	115	license to the department.
116	116	(e) A license holder whose application fee for a license
117	117	conversion under this section is dishonored or reversed may reapply
118	118	for a license conversion at any time, provided the application fee
119	119	and a dishonored payment charge of $25 is paid by cashier's check or
120	120	money order made payable to the "Texas Department of Public
121	121	Safety."
122	122	SECTION 6. Section 411.185, Government Code, is amended to
123	123	read as follows:
124	124	Sec. 411.185. RENEWAL OF RENEWABLE LICENSE. (a) To renew
125	125	a renewable license, a [license] holder of that license must:
126	126	(1) complete a continuing education course in handgun
127	127	proficiency under Section 411.188(c) within the six-month period
128	128	preceding:
129	129	(A) the date of application for renewal, for a
130	130	first or second renewal; and
131	131	(B) the date of application for renewal or the
132	132	date of application for the preceding renewal, for a third or
133	133	subsequent renewal, to ensure that the license holder is not
134	134	required to complete the course more than once in any 10-year
135	135	period;
136	136	(2) obtain a handgun proficiency certificate under
137	137	Section 411.189 within the six-month period preceding:
138	138	(A) the date of application for renewal, for a
139	139	first or second renewal; and
140	140	(B) the date of application for renewal or the
141	141	date of application for the preceding renewal, for a third or
142	142	subsequent renewal, to ensure that the license holder is not
143	143	required to obtain the certificate more than once in any 10-year
144	144	period; and
145	145	(3) submit to the department:
146	146	(A) an application for renewal on a form provided
147	147	by the department;
148	148	(B) a copy of the handgun proficiency
149	149	certificate;
150	150	(C) payment of a nonrefundable renewal fee as set
151	151	by the department; and
152	152	(D) two recent color passport photographs of the
153	153	applicant.
154	154	(b) The director by rule shall adopt a renewal application
155	155	form requiring an update of the information on the original
156	156	completed application. The director by rule shall set the renewal
157	157	fee in an amount that is sufficient to cover the actual cost to the
158	158	department to renew a renewable license. Not later than the 60th
159	159	day before the expiration date of the renewable license, the
160	160	department shall mail to each [license] holder of a renewable
161	161	license a written notice of the expiration of the renewable license
162	162	and a renewal form.
163	163	(c) The department shall renew the license of a [license]
164	164	holder of a renewable license who meets all the eligibility
165	165	requirements and submits all the renewal materials. Not later than
166	166	the 45th day after receipt of the renewal materials, the department
167	167	shall issue the renewal or notify the license holder in writing that
168	168	the renewal application was denied.
169	169	(d) The director by rule shall adopt a procedure by which a
170	170	[license] holder of a renewable license who satisfies the
171	171	eligibility criteria may renew a license by mail. The materials for
172	172	renewal by mail must include a form to be signed and returned to the
173	173	department by the applicant that describes state law regarding:
174	174	(1) the use of deadly force; and
175	175	(2) the places where it is unlawful for the holder of a
176	176	license issued under this subchapter to carry a concealed handgun.
177	177	SECTION 7. Sections 411.188(c), (d), and (g), Government
178	178	Code, are amended to read as follows:
179	179	(c) The department by rule shall develop a continuing
180	180	education course in handgun proficiency for a [license] holder of a
181	181	renewable license who wishes to renew a renewable license. Only a
182	182	qualified handgun instructor may administer the continuing
183	183	education course. The course must include:
184	184	(1) at least four hours of instruction on one or more
185	185	of the subjects listed in Subsection (b); and
186	186	(2) other information the director determines is
187	187	appropriate.
188	188	(d) Only a qualified handgun instructor may administer the
189	189	proficiency examination to obtain a license or to renew a renewable
190	190	license. The proficiency examination must include:
191	191	(1) a written section on the subjects listed in
192	192	Subsection (b); and
193	193	(2) a physical demonstration of proficiency in the use
194	194	of one or more handguns of specific categories and in handgun safety
195	195	procedures.
196	196	(g) A person who wishes to obtain a license or renew a
197	197	renewable license to carry a concealed handgun must apply in person
198	198	to a qualified handgun instructor to take the appropriate course in
199	199	handgun proficiency, demonstrate handgun proficiency, and obtain a
200	200	handgun proficiency certificate as described by Section 411.189.
201	201	SECTION 8. Section 411.1881(a), Government Code, is amended
202	202	to read as follows:
203	203	(a) Notwithstanding any other provision of this subchapter,
204	204	a person may not be required to complete the range instruction
205	205	portion of a handgun proficiency course to obtain a license or renew
206	206	a renewable [concealed handgun] license issued under this
207	207	subchapter if the person:
208	208	(1) is currently serving in or is honorably discharged
209	209	from:
210	210	(A) the army, navy, air force, coast guard, or
211	211	marine corps of the United States or an auxiliary service or reserve
212	212	unit of one of those branches of the armed forces; or
213	213	(B) the state military forces, as defined by
214	214	Section 431.001; and
215	215	(2) has, within the five years preceding the date of
216	216	the person's application for an original or renewed license, as
217	217	applicable, completed a course of training in handgun proficiency
218	218	or familiarization as part of the person's service with the armed
219	219	forces or state military forces.
220	220	SECTION 9. Sections 411.1882(a) and (c), Government Code,
221	221	are amended to read as follows:
222	222	(a) Notwithstanding any other provision of this subchapter,
223	223	a person may not be required to submit to the department a handgun
224	224	proficiency certificate to obtain a license or renew a renewable
225	225	[concealed handgun] license issued under this subchapter if:
226	226	(1) the person is currently serving in this state as:
227	227	(A) a judge or justice of a federal court;
228	228	(B) an active judicial officer, as defined by
229	229	Section 411.201, Government Code; or
230	230	(C) a district attorney, assistant district
231	231	attorney, criminal district attorney, assistant criminal district
232	232	attorney, county attorney, or assistant county attorney; and
233	233	(2) a handgun proficiency instructor approved by the
234	234	Commission on Law Enforcement Officer Standards and Education for
235	235	purposes of Section 1702.1675, Occupations Code, makes a sworn
236	236	statement indicating that the person demonstrated proficiency to
237	237	the instructor in the use of handguns during the 12-month period
238	238	preceding the date of the person's application to the department
239	239	and designating the types of handguns with which the person
240	240	demonstrated proficiency.
241	241	(c) A renewable license issued under this section
242	242	automatically expires on the six-month anniversary of the date the
243	243	person's status under Subsection (a) becomes inapplicable. A
244	244	renewable license that expires under this subsection may be renewed
245	245	under Section 411.185.
246	246	SECTION 10. The heading to Section 411.194, Government
247	247	Code, is amended to read as follows:
248	248	Sec. 411.194. REDUCTION OF RENEWABLE LICENSE FEES DUE TO
249	249	INDIGENCY.
250	250	SECTION 11. Section 411.194(a), Government Code, is amended
251	251	to read as follows:
252	252	(a) Notwithstanding any other provision of this subchapter,
253	253	the department shall reduce by 50 percent any fee required for the
254	254	issuance of an original renewable license, duplicate renewable
255	255	license, modified renewable license, or renewed renewable license
256	256	under this subchapter if the department determines that the
257	257	applicant for the renewable license is indigent. The department
258	258	may not reduce any fee required for the issuance of an original
259	259	perpetual license, duplicate perpetual license, or modified
260	260	perpetual license.
261	261	SECTION 12. Section 411.195, Government Code, is amended to
262	262	read as follows:
263	263	Sec. 411.195. REDUCTION OF RENEWABLE LICENSE FEES FOR
264	264	SENIOR CITIZENS. Notwithstanding any other provision of this
265	265	subchapter, the department shall reduce by 50 percent any fee
266	266	required for the issuance of an original renewable license,
267	267	duplicate renewable license, modified renewable license, or
268	268	renewed renewable license under this subchapter if the applicant
269	269	for the renewable license is 60 years of age or older. The
270	270	department may not reduce any fee required for the issuance of an
271	271	original perpetual license, duplicate perpetual license, or
272	272	modified perpetual license.
273	273	SECTION 13. The heading to Section 411.1951, Government
274	274	Code, is amended to read as follows:
275	275	Sec. 411.1951. WAIVER OR REDUCTION OF RENEWABLE LICENSE
276	276	FEES FOR MEMBERS OR VETERANS OF UNITED STATES ARMED FORCES.
277	277	SECTION 14. Section 411.1951, Government Code, is amended
278	278	by amending Subsections (b) and (c) and adding Subsection (d) to
279	279	read as follows:
280	280	(b) Notwithstanding any other provision of this subchapter,
281	281	the department shall waive any fee required for the issuance of an
282	282	original renewable license, duplicate renewable license, modified
283	283	renewable license, or renewed renewable license under this
284	284	subchapter if the applicant for the renewable license is:
285	285	(1) a member of the United States armed forces,
286	286	including a member of the reserves, national guard, or state guard;
287	287	or
288	288	(2) a veteran who, within 365 days preceding the date
289	289	of the application, was honorably discharged from the branch of
290	290	service in which the person served.
291	291	(c) Notwithstanding any other provision of this subchapter,
292	292	the department shall reduce by 50 percent any fee required for the
293	293	issuance of an original renewable license, duplicate renewable
294	294	license, modified renewable license, or renewed renewable license
295	295	under this subchapter if the applicant for the renewable license is
296	296	a veteran who, more than 365 days preceding the date of the
297	297	application, was honorably discharged from the branch of the
298	298	service in which the person served.
299	299	(d) The department may not waive or reduce any fee required
300	300	for an original perpetual license, duplicate perpetual license, or
301	301	modified perpetual license.
302	302	SECTION 15. Sections 411.199(d), (e), and (f), Government
303	303	Code, are amended to read as follows:
304	304	(d) An applicant under this section must pay a fee of $25 for
305	305	a renewable license or $100 for a perpetual license issued under
306	306	this subchapter.
307	307	(e) A retired peace officer who obtains a renewable license
308	308	under this subchapter must maintain, for the category of weapon
309	309	licensed, the proficiency required for a peace officer under
310	310	Section 415.035. The department or a local law enforcement agency
311	311	shall allow a retired peace officer of the department or agency an
312	312	opportunity to annually demonstrate the required proficiency. The
313	313	proficiency shall be reported to the department on application and
314	314	renewal of a renewable license.
315	315	(f) A renewable license issued under this section expires as
316	316	provided by Section 411.183. A perpetual license issued under this
317	317	section does not expire.
318	318	SECTION 16. Sections 411.1991(c) and (d), Government Code,
319	319	are amended to read as follows:
320	320	(c) An applicant under this section shall pay a fee of $25
321	321	for a renewable license or $100 for a perpetual license issued under
322	322	this subchapter.
323	323	(d) A renewable license issued under this section expires as
324	324	provided by Section 411.183. A perpetual license issued under this
325	325	section does not expire.
326	326	SECTION 17. Sections 411.201(g) and (h), Government Code,
327	327	are amended to read as follows:
328	328	(g) A renewable license issued under this section expires as
329	329	provided by Section 411.183 and, except as otherwise provided by
330	330	this subsection, may be renewed in accordance with Section 411.185
331	331	of this subchapter. A perpetual license issued under this section
332	332	does not expire and is not subject to renewal. An active judicial
333	333	officer is not required to attend the classroom instruction part of
334	334	the continuing education proficiency course to renew a renewable
335	335	license.
336	336	(h) The department shall issue a license to carry a
337	337	concealed handgun under the authority of this subchapter to an
338	338	elected attorney representing the state in the prosecution of
339	339	felony cases who meets the requirements of this section for an
340	340	active judicial officer. The department shall waive any fee
341	341	required for the issuance of an original renewable license,
342	342	duplicate renewable license, or renewed renewable license under
343	343	this subchapter for an applicant who is an attorney elected or
344	344	employed to represent the state in the prosecution of felony cases.
345	345	The department may not waive any fee required for the issuance of an
346	346	original perpetual license or duplicate perpetual license.
347	347	SECTION 18. (a) The Department of Public Safety shall adopt
348	348	rules required by the change in law made by this Act regarding
349	349	perpetual concealed handgun licenses not later than December 1,
350	350	2009.
351	351	(b) The Department of Public Safety shall issue perpetual
352	352	licenses, including conversions to perpetual licenses, as provided
353	353	by this Act, beginning January 1, 2010.
354	354	SECTION 19. The change in law made by this Act applies only
355	355	to a concealed handgun license issued or renewed on or after January
356	356	1, 2010. A concealed handgun license issued or renewed before
357	357	January 1, 2010, is covered by the law in effect when that license
358	358	was issued or renewed, and the former law is continued in effect for
359	359	that purpose.
360	360	SECTION 20. This Act takes effect September 1, 2009.