81R3193 JSC-D
By: Flynn H.B. No. 3777
A BILL TO BE ENTITLED
AN ACT
relating to a perpetual license to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.171, Government Code, is amended by
adding Subdivisons (8), (9), and (10) to read as follows:
(8) "License" means a perpetual license or a renewable
license issued under this chapter.
(9) "Perpetual license" means a license that is issued
by the department and authorizes a person to carry a concealed
handgun and that is not subject to renewal.
(10) "Renewable license" means a license that is
issued by the department and authorizes a person to carry a
concealed handgun and that is subject to renewal.
SECTION 2. Section 411.173(a), Government Code, is amended
to read as follows:
(a) The department by rule shall establish a procedure for a
person who meets the eligibility requirements of this subchapter
other than the residency requirement established by Section
411.172(a)(1) to obtain a license under this subchapter if the
person is a legal resident of another state or if the person
relocates to this state with the intent to establish residency in
this state. The procedure must include payment of a fee in an
amount sufficient to recover the average cost to the department of
obtaining a criminal history record check and investigation on a
nonresident applicant. A renewable license issued in accordance
with the procedure established under this subsection[:
[(1)] remains in effect until the license expires
under Section 411.183[;] and
[(2)] may be renewed under Section 411.185. A
perpetual license issued in accordance with the procedure
established under this subsection does not expire and is not
subject to renewal under Section 411.185.
SECTION 3. Section 411.174(a), Government Code, is amended
to read as follows:
(a) An applicant for a license to carry a concealed handgun
must submit to the director's designee described by Section
411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) two recent color passport photographs of the
applicant, except that an applicant who is younger than 21 years of
age must submit two recent color passport photographs in profile of
the applicant;
(3) a certified copy of the applicant's birth
certificate or certified proof of age;
(4) proof of residency in this state;
(5) two complete sets of legible and classifiable
fingerprints of the applicant taken by a person appropriately
trained in recording fingerprints who is employed by a law
enforcement agency or by a private entity designated by a law
enforcement agency as an entity qualified to take fingerprints of
an applicant for a license under this subchapter;
(6) a nonrefundable application and license fee [of
$140] paid to the department of:
(A) $140 for a renewable license; or
(B) $300 for a perpetual license;
(7) a handgun proficiency certificate described by
Section 411.189;
(8) an affidavit signed by the applicant stating that
the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; and
(9) a form executed by the applicant that authorizes
the director to make an inquiry into any noncriminal history
records that are necessary to determine the applicant's eligibility
for a license under Section 411.172(a).
SECTION 4. Section 411.183, Government Code, is amended to
read as follows:
Sec. 411.183. EXPIRATION OF RENEWABLE LICENSE. (a) A
renewable license issued under this subchapter expires on the first
birthday of the license holder occurring after the fourth
anniversary of the date of issuance.
(b) A renewable [renewed] license renewed under this
section expires on the license holder's birthdate, five years after
the date of the expiration of the previous license.
(c) A duplicate renewable license expires on the date the
renewable license that was duplicated would have expired.
(d) A modified renewable license expires on the date the
renewable license that was modified would have expired.
(e) A perpetual license does not expire and is not subject
to renewal under this section.
SECTION 5. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1845 to read as follows:
Sec. 411.1845. CONVERSION TO PERPETUAL LICENSE. (a) A
person who holds an unexpired renewable license may convert the
renewable license to a perpetual license by submitting to the
department:
(1) an application for a conversion to a perpetual
license; and
(2) payment of a $160 fee.
(b) Notwithstanding Subsection (a), if on January 1, 2010, a
person holds an unexpired renewable license issued under this
subchapter, the person may convert that license to a perpetual
license before the expiration date of the person's renewable
license by submitting to the department:
(1) an application for a conversion to a perpetual
license; and
(2) payment of a $50 fee.
(c) The director by rule shall adopt a form for the
application for conversion. A form adopted under this subsection
must require an update of the information in the person's most
recent completed application for a license.
(d) On receipt of a perpetual license under this section,
the license holder shall return the previously issued renewable
license to the department.
(e) A license holder whose application fee for a license
conversion under this section is dishonored or reversed may reapply
for a license conversion at any time, provided the application fee
and a dishonored payment charge of $25 is paid by cashier's check or
money order made payable to the "Texas Department of Public
Safety."
SECTION 6. Section 411.185, Government Code, is amended to
read as follows:
Sec. 411.185. RENEWAL OF RENEWABLE LICENSE. (a) To renew
a renewable license, a [license] holder of that license must:
(1) complete a continuing education course in handgun
proficiency under Section 411.188(c) within the six-month period
preceding:
(A) the date of application for renewal, for a
first or second renewal; and
(B) the date of application for renewal or the
date of application for the preceding renewal, for a third or
subsequent renewal, to ensure that the license holder is not
required to complete the course more than once in any 10-year
period;
(2) obtain a handgun proficiency certificate under
Section 411.189 within the six-month period preceding:
(A) the date of application for renewal, for a
first or second renewal; and
(B) the date of application for renewal or the
date of application for the preceding renewal, for a third or
subsequent renewal, to ensure that the license holder is not
required to obtain the certificate more than once in any 10-year
period; and
(3) submit to the department:
(A) an application for renewal on a form provided
by the department;
(B) a copy of the handgun proficiency
certificate;
(C) payment of a nonrefundable renewal fee as set
by the department; and
(D) two recent color passport photographs of the
applicant.
(b) The director by rule shall adopt a renewal application
form requiring an update of the information on the original
completed application. The director by rule shall set the renewal
fee in an amount that is sufficient to cover the actual cost to the
department to renew a renewable license. Not later than the 60th
day before the expiration date of the renewable license, the
department shall mail to each [license] holder of a renewable
license a written notice of the expiration of the renewable license
and a renewal form.
(c) The department shall renew the license of a [license]
holder of a renewable license who meets all the eligibility
requirements and submits all the renewal materials. Not later than
the 45th day after receipt of the renewal materials, the department
shall issue the renewal or notify the license holder in writing that
the renewal application was denied.
(d) The director by rule shall adopt a procedure by which a
[license] holder of a renewable license who satisfies the
eligibility criteria may renew a license by mail. The materials for
renewal by mail must include a form to be signed and returned to the
department by the applicant that describes state law regarding:
(1) the use of deadly force; and
(2) the places where it is unlawful for the holder of a
license issued under this subchapter to carry a concealed handgun.
SECTION 7. Sections 411.188(c), (d), and (g), Government
Code, are amended to read as follows:
(c) The department by rule shall develop a continuing
education course in handgun proficiency for a [license] holder of a
renewable license who wishes to renew a renewable license. Only a
qualified handgun instructor may administer the continuing
education course. The course must include:
(1) at least four hours of instruction on one or more
of the subjects listed in Subsection (b); and
(2) other information the director determines is
appropriate.
(d) Only a qualified handgun instructor may administer the
proficiency examination to obtain a license or to renew a renewable
license. The proficiency examination must include:
(1) a written section on the subjects listed in
Subsection (b); and
(2) a physical demonstration of proficiency in the use
of one or more handguns of specific categories and in handgun safety
procedures.
(g) A person who wishes to obtain a license or renew a
renewable license to carry a concealed handgun must apply in person
to a qualified handgun instructor to take the appropriate course in
handgun proficiency, demonstrate handgun proficiency, and obtain a
handgun proficiency certificate as described by Section 411.189.
SECTION 8. Section 411.1881(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
a person may not be required to complete the range instruction
portion of a handgun proficiency course to obtain a license or renew
a renewable [concealed handgun] license issued under this
subchapter if the person:
(1) is currently serving in or is honorably discharged
from:
(A) the army, navy, air force, coast guard, or
marine corps of the United States or an auxiliary service or reserve
unit of one of those branches of the armed forces; or
(B) the state military forces, as defined by
Section 431.001; and
(2) has, within the five years preceding the date of
the person's application for an original or renewed license, as
applicable, completed a course of training in handgun proficiency
or familiarization as part of the person's service with the armed
forces or state military forces.
SECTION 9. Sections 411.1882(a) and (c), Government Code,
are amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
a person may not be required to submit to the department a handgun
proficiency certificate to obtain a license or renew a renewable
[concealed handgun] license issued under this subchapter if:
(1) the person is currently serving in this state as:
(A) a judge or justice of a federal court;
(B) an active judicial officer, as defined by
Section 411.201, Government Code; or
(C) a district attorney, assistant district
attorney, criminal district attorney, assistant criminal district
attorney, county attorney, or assistant county attorney; and
(2) a handgun proficiency instructor approved by the
Commission on Law Enforcement Officer Standards and Education for
purposes of Section 1702.1675, Occupations Code, makes a sworn
statement indicating that the person demonstrated proficiency to
the instructor in the use of handguns during the 12-month period
preceding the date of the person's application to the department
and designating the types of handguns with which the person
demonstrated proficiency.
(c) A renewable license issued under this section
automatically expires on the six-month anniversary of the date the
person's status under Subsection (a) becomes inapplicable. A
renewable license that expires under this subsection may be renewed
under Section 411.185.
SECTION 10. The heading to Section 411.194, Government
Code, is amended to read as follows:
Sec. 411.194. REDUCTION OF RENEWABLE LICENSE FEES DUE TO
INDIGENCY.
SECTION 11. Section 411.194(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the department shall reduce by 50 percent any fee required for the
issuance of an original renewable license, duplicate renewable
license, modified renewable license, or renewed renewable license
under this subchapter if the department determines that the
applicant for the renewable license is indigent. The department
may not reduce any fee required for the issuance of an original
perpetual license, duplicate perpetual license, or modified
perpetual license.
SECTION 12. Section 411.195, Government Code, is amended to
read as follows:
Sec. 411.195. REDUCTION OF RENEWABLE LICENSE FEES FOR
SENIOR CITIZENS. Notwithstanding any other provision of this
subchapter, the department shall reduce by 50 percent any fee
required for the issuance of an original renewable license,
duplicate renewable license, modified renewable license, or
renewed renewable license under this subchapter if the applicant
for the renewable license is 60 years of age or older. The
department may not reduce any fee required for the issuance of an
original perpetual license, duplicate perpetual license, or
modified perpetual license.
SECTION 13. The heading to Section 411.1951, Government
Code, is amended to read as follows:
Sec. 411.1951. WAIVER OR REDUCTION OF RENEWABLE LICENSE
FEES FOR MEMBERS OR VETERANS OF UNITED STATES ARMED FORCES.
SECTION 14. Section 411.1951, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsection (d) to
read as follows:
(b) Notwithstanding any other provision of this subchapter,
the department shall waive any fee required for the issuance of an
original renewable license, duplicate renewable license, modified
renewable license, or renewed renewable license under this
subchapter if the applicant for the renewable license is:
(1) a member of the United States armed forces,
including a member of the reserves, national guard, or state guard;
or
(2) a veteran who, within 365 days preceding the date
of the application, was honorably discharged from the branch of
service in which the person served.
(c) Notwithstanding any other provision of this subchapter,
the department shall reduce by 50 percent any fee required for the
issuance of an original renewable license, duplicate renewable
license, modified renewable license, or renewed renewable license
under this subchapter if the applicant for the renewable license is
a veteran who, more than 365 days preceding the date of the
application, was honorably discharged from the branch of the
service in which the person served.
(d) The department may not waive or reduce any fee required
for an original perpetual license, duplicate perpetual license, or
modified perpetual license.
SECTION 15. Sections 411.199(d), (e), and (f), Government
Code, are amended to read as follows:
(d) An applicant under this section must pay a fee of $25 for
a renewable license or $100 for a perpetual license issued under
this subchapter.
(e) A retired peace officer who obtains a renewable license
under this subchapter must maintain, for the category of weapon
licensed, the proficiency required for a peace officer under
Section 415.035. The department or a local law enforcement agency
shall allow a retired peace officer of the department or agency an
opportunity to annually demonstrate the required proficiency. The
proficiency shall be reported to the department on application and
renewal of a renewable license.
(f) A renewable license issued under this section expires as
provided by Section 411.183. A perpetual license issued under this
section does not expire.
SECTION 16. Sections 411.1991(c) and (d), Government Code,
are amended to read as follows:
(c) An applicant under this section shall pay a fee of $25
for a renewable license or $100 for a perpetual license issued under
this subchapter.
(d) A renewable license issued under this section expires as
provided by Section 411.183. A perpetual license issued under this
section does not expire.
SECTION 17. Sections 411.201(g) and (h), Government Code,
are amended to read as follows:
(g) A renewable license issued under this section expires as
provided by Section 411.183 and, except as otherwise provided by
this subsection, may be renewed in accordance with Section 411.185
of this subchapter. A perpetual license issued under this section
does not expire and is not subject to renewal. An active judicial
officer is not required to attend the classroom instruction part of
the continuing education proficiency course to renew a renewable
license.
(h) The department shall issue a license to carry a
concealed handgun under the authority of this subchapter to an
elected attorney representing the state in the prosecution of
felony cases who meets the requirements of this section for an
active judicial officer. The department shall waive any fee
required for the issuance of an original renewable license,
duplicate renewable license, or renewed renewable license under
this subchapter for an applicant who is an attorney elected or
employed to represent the state in the prosecution of felony cases.
The department may not waive any fee required for the issuance of an
original perpetual license or duplicate perpetual license.
SECTION 18. (a) The Department of Public Safety shall adopt
rules required by the change in law made by this Act regarding
perpetual concealed handgun licenses not later than December 1,
2009.
(b) The Department of Public Safety shall issue perpetual
licenses, including conversions to perpetual licenses, as provided
by this Act, beginning January 1, 2010.
SECTION 19. The change in law made by this Act applies only
to a concealed handgun license issued or renewed on or after January
1, 2010. A concealed handgun license issued or renewed before
January 1, 2010, is covered by the law in effect when that license
was issued or renewed, and the former law is continued in effect for
that purpose.
SECTION 20. This Act takes effect September 1, 2009.