Texas 2009 - 81st Regular

Texas Senate Bill SB1424 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Seliger S.B. No. 1424
2	2	Substitute the following for S.B. No. 1424:
3	3	By: Lewis C.S.S.B. No. 1424
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to a person's eligibility to possess or carry a concealed
9	9	handgun or other firearm.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.1711, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
14	14	person is not convicted, as that term is defined by Section 411.171,
15	15	if an order of deferred adjudication was entered against the person
16	16	on a date not less than 10 years preceding the date of the person's
17	17	application for a license under this subchapter unless the order of
18	18	deferred adjudication was entered against the person for a[n]
19	19	felony level offense under any of the following provisions of the
20	20	Texas Penal Code or a substantially similar provision under the
21	21	laws of any other state: Title 5, [Penal Code, or Chapter 29, Penal
22	22	Code] Chapter 29, Sections 25.07, or 30.02 (burglary of habitation
23	23	only) or
24	24	(2) an offense under the laws of another state if the
25	25	offense contains elements that are substantially similar to the
26	26	elements of an offense listed in Subdivision (1).
27	27	(3) "Concealed handgun" means a handgun, the presence
28	28	of which is not openly discernible to the ordinary observation of a
29	29	reasonable person.
30	30	(4) "Convicted" means an adjudication of guilt or,
31	31	except as provided in Section 411.1711, an order of deferred
32	32	adjudication entered against a person by a court of competent
33	33	jurisdiction whether or not the imposition of the sentence is
34	34	subsequently probated and the person is discharged from community
35	35	supervision. The term does not include an adjudication of guilt or
36	36	an order of deferred adjudication that has been subsequently:
37	37	(A) expunged; [or]
38	38	(B) pardoned under the authority of a state or
39	39	federal official; or
40	40	(C) otherwise vacated, set aside, annulled,
41	41	invalidated, voided, or sealed under any state or federal law.
42	42	SECTION 2. Sections 411.172, Government Code, is amended to
43	43	read as follows:
44	44	(a) A person is eligible for a license to carry a concealed
45	45	handgun if the person:
46	46	(1) is a legal resident of this state for the six-month
47	47	period preceding the date of application under this subchapter or
48	48	is otherwise eligible for a license under Section 411.173(a);
49	49	(2) is at least 21 years of age;
50	50	(3) has not been convicted of a felony;
51	51	(4) is not charged with the commission of a Class A or
52	52	Class B misdemeanor or an offense under Section 42.01, Penal Code,
53	53	or of a felony under an information or indictment;
54	54	(5) is not a fugitive from justice for a felony or a
55	55	Class A or Class B misdemeanor;
56	56	(6) is not a chemically dependent person;
57	57	(7) is not incapable of exercising sound judgment with
58	58	respect to the proper use and storage of a handgun;
59	59	(8) has not, in the five years preceding the date of
60	60	application, been convicted of a Class A or Class B misdemeanor or
61	61	an offense under Section 42.01, Penal Code (or an equivalent
62	62	provision in another state);
63	63	(9) is fully qualified under applicable federal and
64	64	state law to purchase a handgun;
65	65	(10) has not been finally determined to be delinquent
66	66	in making a child support payment administered or collected by the
67	67	attorney general;
68	68	[(11) has not been finally determined to be delinquent
69	69	in the payment of a tax or other money collected by the comptroller,
70	70	the tax collector of a political subdivision of the state, or any
71	71	agency or subdivision of the state;
72	72	[(12) has not been finally determined to be in default
73	73	on a loan made under Chapter 57, Education Code;]
74	74	(11) [(13)] is not currently restricted under a court
75	75	protective order or subject to a restraining order affecting the
76	76	spousal relationship, other than a restraining order solely
77	77	affecting property interests;
78	78	(12) [(14)] has not, in the 10 years preceding the
79	79	date of application, been adjudicated as having engaged in
80	80	delinquent conduct violating a penal law of the grade of felony; and
81	81	(13) [(15)] has not made any material
82	82	misrepresentation, or failed to disclose any material fact, in an
83	83	application submitted pursuant to Section 411.174 [or in a request
84	84	for application submitted pursuant to Section 411.175].
85	85	(b) For the purposes of this section, an offense under the
86	86	laws of this state, another state, or the United States is:
87	87	(1) except as provided by Subsection (b-1), a felony
88	88	if [the offense], at the time it is committed, the offense [of a
89	89	person's application for a license to carry a concealed handgun]:
90	90	(A) is designated by a law of this state as a
91	91	felony;
92	92	(B) contains all the elements of an offense
93	93	designated by a law of this state as a felony; or
94	94	(C) is punishable by confinement for one year or
95	95	more in a penitentiary; and
96	96	(2) a Class A misdemeanor if the offense is not a
97	97	felony and confinement in a jail other than a state jail felony
98	98	facility is affixed as a possible punishment.
99	99	(b-1) An offense is not considered a felony for purposes of
100	100	Subsection (b)(1) if, at the time of a person's application for a
101	101	license to carry a concealed handgun, the offense:
102	102	(1) is designated by a law of this state as a
103	103	misdemeanor; or
104	104	(2) does not contain all the elements of any offense
105	105	designated by a law of this state as a felony.
106	106	(c) An individual who has been convicted two times within
107	107	the 10-year period preceding the date on which the person applies
108	108	for a license of an offense of the grade of Class B misdemeanor or
109	109	greater that involves the use of alcohol or a controlled substance
110	110	as a statutory element of the offense is a chemically dependent
111	111	person for purposes of this section and is not qualified to receive
112	112	a license under this subchapter. This subsection does not preclude
113	113	the disqualification of an individual for being a chemically
114	114	dependent person if other evidence exists to show that the person is
115	115	a chemically dependent person.
116	116	(d) For purposes of Subsection (a)(7), a person is incapable
117	117	of exercising sound judgment with respect to the proper use and
118	118	storage of a handgun if the person:
119	119	(1) has been diagnosed by a licensed physician as
120	120	suffering from a psychiatric disorder or condition that causes or
121	121	is likely to cause substantial impairment in judgment, mood,
122	122	perception, impulse control, or intellectual ability;
123	123	(2) suffers from a psychiatric disorder or condition
124	124	described by Subdivision (1) that:
125	125	(A) is in remission but is reasonably likely to
126	126	redevelop at a future time; or
127	127	(B) requires continuous medical treatment to
128	128	avoid redevelopment;
129	129	(3) has been diagnosed by a licensed physician,
130	130	determined by a review board or similar authority, or declared by a
131	131	court to be incompetent to manage the person's own affairs; or
132	132	(4) has entered in a criminal proceeding a plea of not
133	133	guilty by reason of insanity.
134	134	(e) The following constitutes evidence that a person has a
135	135	psychiatric disorder or condition described by Subsection (d)(1):
136	136	(1) involuntary psychiatric hospitalization [in the
137	137	preceding five-year period];
138	138	(2) psychiatric hospitalization [in the preceding
139	139	two-year period];
140	140	(3) inpatient or residential substance abuse
141	141	treatment in the preceding five-year period;
142	142	(4) diagnosis in the preceding five-year period by a
143	143	licensed physician that the person is dependent on alcohol, a
144	144	controlled substance, or a similar substance; or
145	145	(5) diagnosis at any time by a licensed physician that
146	146	the person suffers or has suffered from a psychiatric disorder or
147	147	condition consisting of or relating to:
148	148	(A) schizophrenia or delusional disorder;
149	149	(B) bipolar disorder;
150	150	(C) chronic dementia, whether caused by illness,
151	151	brain defect, or brain injury;
152	152	(D) dissociative identity disorder;
153	153	(E) intermittent explosive disorder; or
154	154	(F) antisocial personality disorder.
155	155	SECTION 3. Sections 411.174(a) and (b), Government Code,
156	156	are amended to read as follows:
157	157	(a) An applicant for a license to carry a concealed handgun
158	158	must submit to the director's designee described by Section
159	159	411.176:
160	160	(1) a completed application on a form provided by the
161	161	department that requires only the information listed in Subsection
162	162	(b);
163	163	(2) one or more [two recent color passport]
164	164	photographs of the applicant that meet the requirements of the
165	165	department[, except that an applicant who is younger than 21 years
166	166	of age must submit two recent color passport photographs in profile
167	167	of the applicant];
168	168	(3) a certified copy of the applicant's birth
169	169	certificate or certified proof of age;
170	170	(4) proof of residency in this state;
171	171	(5) two complete sets of legible and classifiable
172	172	fingerprints of the applicant taken by a person appropriately
173	173	trained in recording fingerprints who is employed by a law
174	174	enforcement agency or by a private entity designated by a law
175	175	enforcement agency as an entity qualified to take fingerprints of
176	176	an applicant for a license under this subchapter;
177	177	(6) a nonrefundable application and license fee of
178	178	$140 paid to the department;
179	179	(7) evidence of [a] handgun proficiency, in the form
180	180	and manner required by the department [certificate described by
181	181	Section 411.189];
182	182	(8) an affidavit signed by the applicant stating that
183	183	the applicant:
184	184	(A) has read and understands each provision of
185	185	this subchapter that creates an offense under the laws of this state
186	186	and each provision of the laws of this state related to use of
187	187	deadly force; and
188	188	(B) fulfills all the eligibility requirements
189	189	listed under Section 411.172; and
190	190	(9) a form executed by the applicant that authorizes
191	191	the director to make an inquiry into any noncriminal history
192	192	records that are necessary to determine the applicant's eligibility
193	193	for a license under Section 411.172(a).
194	194	(b) An applicant must provide on the application a statement
195	195	of the applicant's:
196	196	(1) full name and place and date of birth;
197	197	(2) race and sex;
198	198	(3) residence and business addresses for the preceding
199	199	five years;
200	200	(4) hair and eye color;
201	201	(5) height and weight;
202	202	(6) driver's license number or identification
203	203	certificate number issued by the department;
204	204	(7) criminal history record information of the type
205	205	maintained by the department under this chapter, including a list
206	206	of offenses for which the applicant was arrested, charged, or under
207	207	an information or indictment and the disposition of the offenses;
208	208	and
209	209	(8) history [during the preceding five years], if any,
210	210	of treatment received by, commitment to, or residence in:
211	211	(A) a drug or alcohol treatment center licensed
212	212	to provide drug or alcohol treatment under the laws of this state or
213	213	another state, but only if the treatment, commitment, or residence
214	214	occurred during the preceding five years; or
215	215	(B) a psychiatric hospital.
216	216	SECTION 4. Section 411.176, Government Code, is amended to
217	217	read as follows:
218	218	Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
219	219	receipt of [the] application materials by the department at its
220	220	Austin headquarters, the department shall conduct the appropriate
221	221	criminal history record check of the applicant through its
222	222	computerized criminal history system. Not later than the 30th day
223	223	after the date the department receives the application materials,
224	224	the department shall forward the materials to the director's
225	225	designee in the geographical area of the applicant's residence so
226	226	that the designee may conduct the investigation described by
227	227	Subsection (b). For purposes of this section, the director's
228	228	designee may be a noncommissioned employee of the department.
229	229	(b) The director's designee as needed shall conduct an
230	230	additional criminal history record check of the applicant and an
231	231	investigation of the applicant's local official records to verify
232	232	the accuracy of the application materials. The director's designee
233	233	may access any records necessary for purposes of this subsection.
234	234	The scope of the record check and the investigation are at the sole
235	235	discretion of the department, except that the director's designee
236	236	shall complete the record check and investigation not later than
237	237	the 60th day after the date the department receives the application
238	238	materials. The department shall send a fingerprint card to the
239	239	Federal Bureau of Investigation for a national criminal history
240	240	check of the applicant. On completion of the investigation, the
241	241	director's designee shall return all materials and the result of
242	242	the investigation to the appropriate division of the department at
243	243	its Austin headquarters.
244	244	(c) The director's designee may submit to the appropriate
245	245	division of the department, at the department's Austin
246	246	headquarters, along with the application materials a written
247	247	recommendation for disapproval of the application, accompanied by
248	248	an affidavit stating personal knowledge or naming persons with
249	249	personal knowledge of a ground for denial under Section 411.172.
250	250	The director's designee [in the appropriate geographical area] may
251	251	also submit the application and the recommendation that the license
252	252	be issued.
253	253	(d) On receipt at the department's Austin headquarters of
254	254	the application materials and the result of the investigation by
255	255	the director's designee, the department shall conduct any further
256	256	record check or investigation the department determines is
257	257	necessary if a question exists with respect to the accuracy of the
258	258	application materials or the eligibility of the applicant, except
259	259	that the department shall complete the record check and
260	260	investigation not later than the 180th day after the date the
261	261	department receives the application materials from the applicant.
262	262	SECTION 5. Sections 411.177(a) and (b), Government Code,
263	263	are amended to read as follows:
264	264	(a) The department shall issue a license to carry a
265	265	concealed handgun to an applicant if the applicant meets all the
266	266	eligibility requirements and submits all the application
267	267	materials. The department may issue a license to carry handguns
268	268	only of the categories for which the applicant has demonstrated
269	269	proficiency in the form and manner required by the department
270	270	[indicated on the applicant's certificate of proficiency issued
271	271	under Section 411.189]. The department shall administer the
272	272	licensing procedures in good faith so that any applicant who meets
273	273	all the eligibility requirements and submits all the application
274	274	materials shall receive a license. The department may not deny an
275	275	application on the basis of a capricious or arbitrary decision by
276	276	the department.
277	277	(b) The department shall, not later than the 60th day after
278	278	the date of the receipt by the director's designee of the completed
279	279	application materials:
280	280	(1) issue the license;
281	281	(2) notify the applicant in writing that the
282	282	application was denied:
283	283	(A) on the grounds that the applicant failed to
284	284	qualify under the criteria listed in Section 411.172;
285	285	(B) based on the affidavit of the director's
286	286	designee submitted to the department under Section 411.176(c)
287	287	[411.176(b)]; or
288	288	(C) based on the affidavit of the qualified
289	289	handgun instructor submitted to the department under Section
290	290	411.188(j) [411.189(c)]; or
291	291	(3) notify the applicant in writing that the
292	292	department is unable to make a determination regarding the issuance
293	293	or denial of a license to the applicant within the 60-day period
294	294	prescribed by this subsection and include in that notification an
295	295	explanation of the reason for the inability and an estimation of the
296	296	amount of time the department will need to make the determination.
297	297	SECTION 6. Section 411.184(a), Government Code, is amended
298	298	to read as follows:
299	299	(a) To modify a license to allow a license holder to carry a
300	300	handgun of a different category than the license indicates, the
301	301	license holder must:
302	302	(1) complete a proficiency examination as provided by
303	303	Section 411.188(e);
304	304	[(2) obtain a handgun proficiency certificate under
305	305	Section 411.189 not more than six months before the date of
306	306	application for a modified license;] and
307	307	(2) [(3)] submit to the department:
308	308	(A) an application for a modified license on a
309	309	form provided by the department;
310	310	(B) evidence of [a copy of the] handgun
311	311	proficiency, in the form and manner required by the department
312	312	[certificate];
313	313	(C) payment of a modified license fee of $25; and
314	314	(D) one or more [two recent color passport]
315	315	photographs of the license holder that meet the requirements of the
316	316	department[, except that an applicant who is younger than 21 years
317	317	of age must submit two recent color passport photographs in profile
318	318	of the applicant].
319	319	SECTION 7. Section 411.185(a), Government Code, is amended
320	320	to read as follows:
321	321	(a) To renew a license, a license holder must:
322	322	(1) complete a continuing education course in handgun
323	323	proficiency under Section 411.188(c) within the six-month period
324	324	preceding:
325	325	(A) the date of application for renewal, for a
326	326	first or second renewal; and
327	327	(B) the date of application for renewal or the
328	328	date of application for the preceding renewal, for a third or
329	329	subsequent renewal, to ensure that the license holder is not
330	330	required to complete the course more than once in any 10-year
331	331	period;
332	332	[(2) obtain a handgun proficiency certificate under
333	333	Section 411.189 within the six-month period preceding:
334	334	[(A) the date of application for renewal, for a
335	335	first or second renewal; and
336	336	[(B) the date of application for renewal or the
337	337	date of application for the preceding renewal, for a third or
338	338	subsequent renewal, to ensure that the license holder is not
339	339	required to obtain the certificate more than once in any 10-year
340	340	period;] and
341	341	(2) [(3)] submit to the department:
342	342	(A) an application for renewal on a form provided
343	343	by the department;
344	344	(B) evidence of [a copy of the] handgun
345	345	proficiency, in the form and manner required by the department
346	346	[certificate];
347	347	(C) payment of a nonrefundable renewal fee as set
348	348	by the department; and
349	349	(D) one or more [two recent color passport]
350	350	photographs of the applicant that meet the requirements of the
351	351	department.
352	352	SECTION 8. Section 411.186(a), Government Code, is amended
353	353	to read as follows:
354	354	(a) The department shall revoke a [A] license [may be
355	355	revoked] under this section if the license holder:
356	356	(1) was not entitled to the license at the time it was
357	357	issued;
358	358	(2) [gave false information on the application] made a
359	359	material misrepresentation or failed to disclose a material fact on
360	360	an application submitted under this subchapter;
361	361	(3) subsequently becomes ineligible for a license
362	362	under Section 411.172, unless the sole basis for the ineligibility
363	363	is that the license holder is charged with the commission of a Class
364	364	A or Class B misdemeanor or an offense under Section 42.01, Penal
365	365	Code, or of a felony under an information or indictment;
366	366	(4) is convicted of an offense under Section 46.035,
367	367	Penal Code;
368	368	(5) is determined by the department to have engaged in
369	369	conduct constituting a reason to suspend a license listed in
370	370	Section 411.187(a) after the person's license has been previously
371	371	suspended twice for the same reason; or
372	372	(6) submits an application fee that is dishonored or
373	373	reversed, and the applicant fails to submit a cashier's check or
374	374	money order made payable to the "Texas Department of Public Safety"
375	375	in the amount of the dishonored application fee, plus $25, within
376	376	thirty days of being notified by the department that the
377	377	application fee had been dishonored or reversed.
378	378	SECTION 9. Sections 411.187(a) and (c), Government Code,
379	379	are amended to read as follows:
380	380	(a) The department shall suspend a [A] license [may be
381	381	suspended] under this section if the license holder:
382	382	(1) is charged with the commission of a Class A or
383	383	Class B misdemeanor or an offense under Section 42.01, Penal Code,
384	384	or of a felony under an information or indictment;
385	385	(2) fails to display a license as required by Section
386	386	411.205;
387	387	(3) fails to notify the department of a change of
388	388	address or name as required by Section 411.181;
389	389	(4) carries a concealed handgun under the authority of
390	390	this subchapter of a different category than the license holder is
391	391	licensed to carry;
392	392	(5) fails to return a previously issued license after
393	393	a license is modified as required by Section 411.184(d);
394	394	(6) commits an act of family violence and is the
395	395	subject of an active protective order rendered under Title 4,
396	396	Family Code; or
397	397	(7) is arrested for an offense involving family
398	398	violence or an offense under Section 42.072, Penal Code, and is the
399	399	subject of an order for emergency protection issued under Article
400	400	17.292, Code of Criminal Procedure.
401	401	(c) The department shall suspend a [A] license [may be
402	402	suspended] under this section:
403	403	(1) for 30 days, if the person's license is subject to
404	404	suspension for a reason listed in Subsection (a)(3), (4), or (5),
405	405	except as provided by Subdivision (3);
406	406	(2) for 90 days, if the person's license is subject to
407	407	suspension for a reason listed in Subsection (a)(2), except as
408	408	provided by Subdivision (3);
409	409	(3) for not less than one year and not more than three
410	410	years, if the person's license:
411	411	(A) is subject to suspension for a reason listed
412	412	in Subsection (a), other than the reason listed in Subsection
413	413	(a)(1); [,]and
414	414	(B) [the person's license] has been previously
415	415	suspended for the same reason;
416	416	(4) until dismissal of the charges, if the person's
417	417	license is subject to suspension for the reason listed in
418	418	Subsection (a)(1); or
419	419	(5) for the duration of or the period specified by:
420	420	(A) the protective order issued under Title 4,
421	421	Family Code, if the person's license is subject to suspension for
422	422	the reason listed in Subsection (a)(6); or
423	423	(B) the order for emergency protection issued
424	424	under Article 17.292, Code of Criminal Procedure, if the person's
425	425	license is subject to suspension for the reason listed in
426	426	Subsection (a)(7).
427	427	SECTION 10. Section 411.188, Government Code, is amended by
428	428	amending Subsections (a), (g), (h), and (i) and adding Subsection
429	429	(j) to read as follows:
430	430	(a) The director by rule shall establish minimum standards
431	431	for handgun proficiency and shall develop a course to teach handgun
432	432	proficiency and examinations to measure handgun proficiency. The
433	433	course to teach handgun proficiency must contain training sessions
434	434	divided into two parts. One part of the course must be classroom
435	435	instruction and the other part must be range instruction and an
436	436	actual demonstration by the applicant of the applicant's ability to
437	437	safely and proficiently use the applicable category of handgun [for
438	438	which the applicant seeks certification]. An applicant must be
439	439	able to demonstrate [may not be certified unless the applicant
440	440	demonstrates], at a minimum, the degree of proficiency that is
441	441	required to effectively operate a handgun of .32 caliber or above.
442	442	The department shall distribute the standards, course
443	443	requirements, and examinations on request to any qualified handgun
444	444	instructor.
445	445	(g) A person who wishes to obtain or renew a license to carry
446	446	a concealed handgun must apply in person to a qualified handgun
447	447	instructor to take the appropriate course in handgun proficiency
448	448	and[,] demonstrate handgun proficiency as required by the
449	449	department[, and obtain a handgun proficiency certificate as
450	450	described by Section 411.189].
451	451	(h) A license holder who wishes to modify a license to allow
452	452	the license holder to carry a handgun of a different category than
453	453	the license indicates must apply in person to a qualified handgun
454	454	instructor to demonstrate the required knowledge and proficiency
455	455	[to obtain a handgun proficiency certificate] in that category [as
456	456	described by Section 411.189].
457	457	(i) A certified firearms instructor of the department may
458	458	monitor any class or training presented by a qualified handgun
459	459	instructor. A qualified handgun instructor shall cooperate with
460	460	the department in the department's efforts to monitor the
461	461	presentation of training by the qualified handgun instructor. A
462	462	qualified handgun instructor shall make available for inspection to
463	463	the department any and all records maintained by a qualified
464	464	handgun instructor under this subchapter. The qualified handgun
465	465	instructor shall keep a record of all [certificates of handgun
466	466	proficiency issued by the qualified handgun instructor and other]
467	467	information required by department rule.
468	468	(j) A qualified handgun instructor may submit to the
469	469	department a written recommendation for disapproval of the
470	470	application for a license, renewal, or modification of a license,
471	471	accompanied by an affidavit stating personal knowledge or naming
472	472	persons with personal knowledge of facts that lead the instructor
473	473	to believe that an applicant does not possess the required handgun
474	474	proficiency. The department may use a written recommendation
475	475	submitted under this subsection as the basis for denial of a license
476	476	only if the department determines that the recommendation is made
477	477	in good faith and is supported by a preponderance of the evidence.
478	478	The department shall make a determination under this subsection not
479	479	later than the 45th day after the date the department receives the
480	480	written recommendation. The 60-day period in which the department
481	481	must take action under Section 411.177(b) is extended one day for
482	482	each day a determination is pending under this subsection.
483	483	SECTION 11. Section 411.1882, Government Code, is amended
484	484	to read as follows:
485	485	Sec. 411.1882. [EXEMPTION FROM] EVIDENCE OF HANDGUN
486	486	[CERTIFICATE REQUIREMENT] PROFICIENCY FOR CERTAIN PERSONS. [(a)
487	487	Notwithstanding any other provision of this subchapter, a person
488	488	may not be required to submit to the department a handgun
489	489	proficiency certificate to obtain or renew a concealed handgun
490	490	license issued under this subchapter if:
491	491	[(1) the person is currently serving in this state as:
492	492	[(A) a judge or justice of a federal court;
493	493	[(B) an active judicial officer, as defined by
494	494	Section 411.201, Government Code; or
495	495	[(C) a district attorney, assistant district
496	496	attorney, criminal district attorney, assistant criminal district
497	497	attorney, county attorney, or assistant county attorney; and
498	498	[(2) a handgun proficiency instructor approved by the
499	499	Commission on Law Enforcement Officer Standards and Education for
500	500	purposes of Section 1702.1675, Occupations Code, makes a sworn
501	501	statement indicating that the person demonstrated proficiency to
502	502	the instructor in the use of handguns during the 12-month period
503	503	preceding the date of the person's application to the department
504	504	and designating the types of handguns with which the person
505	505	demonstrated proficiency.]
506	506	(a) A person who is currently serving in this state as a
507	507	judge or justice of a federal court; an active judicial officer, as
508	508	defined by Section 411.201, Government Code; or a district
509	509	attorney, assistant district attorney, criminal district attorney,
510	510	assistant criminal district attorney, county attorney, or
511	511	assistant county attorney; may establish handgun proficiency for
512	512	the purpose of this Chapter by obtaining a sworn statement from a
513	513	handgun proficiency instructor approved by the Commission on Law
514	514	Enforcement Officer Standards and Education for purposes of Section
515	515	1702.1675, Occupations Code, indicating that the person
516	516	demonstrated proficiency to the instructor in the use of handguns
517	517	during the 12-month period preceding the date of the person's
518	518	application to the department and designating the types of handguns
519	519	with which the person demonstrated proficiency.
520	520	(b) The director by rule shall adopt a procedure by which a
521	521	person [who is exempt under] described in Subsection (a) [from the
522	522	handgun proficiency certificate requirement] may submit a form
523	523	demonstrating the person's qualification for an exemption under
524	524	that subsection. The form must provide sufficient information to
525	525	allow the department to verify whether the person qualifies for the
526	526	exemption.
527	527	(c) A license issued under this section automatically
528	528	expires on the six-month anniversary of the date the person's
529	529	status under Subsection (a) becomes inapplicable. A license that
530	530	expires under this subsection may be renewed under Section 411.185.
531	531	SECTION 12. Section 411.190, Government Code, is amended by
532	532	adding Subsection (d-1) to read as follows:
533	533	(d-1) The department shall ensure that an applicant may
534	534	renew certification under Subsection (d) from any county in this
535	535	state by using an online format to complete the required retraining
536	536	courses if:
537	537	(1) the applicant is renewing certification for the
538	538	first time; or
539	539	(2) the applicant completed the required retraining
540	540	courses in person the previous time the applicant renewed the
541	541	certificate.
542	542	SECTION 13. Section 411.192, Government Code, is amended to
543	543	read as follows:
544	544	Sec. 411.192. CONFIDENTIALITY OF RECORDS. (a) The
545	545	department shall disclose to a criminal justice agency information
546	546	contained in its files and records regarding whether a named
547	547	individual or any individual named in a specified list is licensed
548	548	under this subchapter. Information on an individual subject to
549	549	disclosure under this section includes the individual's name, date
550	550	of birth, gender, race, [and] zip code, phone number, email, and
551	551	website address. Except as otherwise provided by this section and
552	552	by Section 411.193, all other records maintained under this
553	553	subchapter are confidential and are not subject to mandatory
554	554	disclosure under the open records law, Chapter 552.
555	555	(b) An applicant or license holder may be furnished a copy
556	556	of disclosable records regarding the applicant or license holder on
557	557	request and the payment of a reasonable fee.
558	558	(c) The department shall notify a license holder of any
559	559	request that is made for information relating to the license holder
560	560	under this section and provide the name of the agency making the
561	561	request.
562	562	(d) [This section does not prohibit t]The department [from]
563	563	shall make[ing] and distribute[ing] to the public at no cost[,]
564	564	lists of individuals who are certified as qualified handgun
565	565	instructors by the department. This list of certified handgun
566	566	instructors shall include the individual's name, phone number,
567	567	email, and website, and be made available on the department's
568	568	website on or before June 1, 2010.
569	569	(e) If an individual whose information is subject to
570	570	disclosure under Section 411.192(d) submits a written request to
571	571	the department that all or part of his or her information not be
572	572	made available to the public, the department shall remove that
573	573	individual's information from the list, in all or part as
574	574	requested.
575	575	SECTION 14. Sections 411.199(a) and (e), Government Code,
576	576	are amended to read as follows:
577	577	(a) A person who is licensed as a peace officer under
578	578	Chapter 1701, Occupations Code, [415] and who has been employed
579	579	full-time as a peace officer by a law enforcement agency may apply
580	580	for a license under this subchapter at any time after retirement.
581	581	(e) A retired peace officer who obtains a license under this
582	582	subchapter must maintain, for the category of weapon licensed, the
583	583	proficiency required for a peace officer under Section 1701.355,
584	584	Occupations Code [415.035]. The department or a local law
585	585	enforcement agency shall allow a retired peace officer of the
586	586	department or agency an opportunity to annually demonstrate the
587	587	required proficiency. The proficiency shall be reported to the
588	588	department on application and renewal.
589	589	SECTION 15. Section 411.1991(a), Government Code, is
590	590	amended to read as follows:
591	591	(a) A person who is licensed as a peace officer under
592	592	Chapter 1701, Occupations Code, [415] and is employed full-time as
593	593	a peace officer by a law enforcement agency may apply for a license
594	594	under this subchapter. The person shall submit to the department
595	595	two complete sets of legible and classifiable fingerprints and a
596	596	sworn statement of the head of the law enforcement agency employing
597	597	the applicant. A head of a law enforcement agency may not refuse to
598	598	issue a statement under this subsection. If the applicant alleges
599	599	that the statement is untrue, the department shall investigate the
600	600	validity of the statement. The statement must include:
601	601	(1) the name and rank of the applicant;
602	602	(2) whether the applicant has been accused of
603	603	misconduct at any time during the applicant's period of employment
604	604	with the agency and the disposition of that accusation;
605	605	(3) a description of the physical and mental condition
606	606	of the applicant;
607	607	(4) a list of the types of weapons the applicant has
608	608	demonstrated proficiency with during the preceding year; and
609	609	(5) a recommendation from the agency head that a
610	610	license be issued to the person under this subchapter.
611	611	SECTION 16. Sections 411.201(c) and (d), Government Code,
612	612	are amended to read as follows:
613	613	(c) An active judicial officer is eligible for a license to
614	614	carry a concealed handgun under the authority of this subchapter. A
615	615	retired judicial officer is eligible for a license to carry a
616	616	concealed handgun under the authority of this subchapter if the
617	617	officer:
618	618	(1) has not been convicted of a felony;
619	619	(2) has not, in the five years preceding the date of
620	620	application, been convicted of a Class A or Class B misdemeanor;
621	621	(3) is not charged with the commission of a Class A or
622	622	Class B misdemeanor or of a felony under an information or
623	623	indictment;
624	624	(4) is not a chemically dependent person; and
625	625	(5) is not a person of unsound mind.
626	626	(d) An applicant for a license who is an active or retired
627	627	judicial officer must submit to the department:
628	628	(1) a completed application, including all required
629	629	affidavits, on a form prescribed by the department;
630	630	(2) one or more [two recent color passport]
631	631	photographs of the applicant that meet the requirements of the
632	632	department;
633	633	(3) two complete sets of legible and classifiable
634	634	fingerprints of the applicant, including one set taken by a person
635	635	employed by a law enforcement agency who is appropriately trained
636	636	in recording fingerprints;
637	637	(4) evidence of [a] handgun proficiency, in the form
638	638	and manner required by the department for an applicant under this
639	639	section [certificate issued to the applicant as evidence that the
640	640	applicant successfully completed the proficiency requirements of
641	641	this subchapter];
642	642	(5) [(4)] a nonrefundable application and license fee
643	643	set by the department in an amount reasonably designed to cover the
644	644	administrative costs associated with issuance of a license to carry
645	645	a concealed handgun under this subchapter; and
646	646	(6) [(5)] if the applicant is a retired judicial
647	647	officer,[:
648	648	[(A) two complete sets of legible and
649	649	classifiable fingerprints of the applicant taken by a person
650	650	employed by a law enforcement agency who is appropriately trained
651	651	in recording fingerprints; and
652	652	(B)] a form executed by the applicant that
653	653	authorizes the department to make an inquiry into any noncriminal
654	654	history records that are necessary to determine the applicant's
655	655	eligibility for a license under this subchapter.
656	656	SECTION 17. Section 411.208, Government Code, is amended by
657	657	adding Subsection (e) to read as follows:
658	658	(e) The immunities granted under Subsection (a) to a
659	659	qualified handgun instructor do not apply to a cause of action for
660	660	fraud or a deceptive trade practice.
661	661	SECTION 18. Article 17.292(l), Code of Criminal Procedure,
662	662	is amended to read as follows:
663	663	(l) In the order for emergency protection, the magistrate
664	664	shall [may] suspend a license to carry a concealed handgun issued
665	665	under Subchapter H, Chapter 411 [Section 411.177], Government Code,
666	666	that is held by the defendant.
667	667	SECTION 19. Section 57.481(c), Education Code, is amended
668	668	to read as follows:
669	669	[(c) The corporation shall maintain a system of
670	670	communication among the appropriate state agencies and entities to
671	671	reduce loan default claims.]
672	672	SECTION 20. Section 85.022(d), Family Code, is amended to
673	673	read as follows:
674	674	(d) In a protective order, the court shall [may] suspend a
675	675	license to carry a concealed handgun issued under Subchapter H,
676	676	Chapter 411 [Section 411.177], Government Code, that is held by a
677	677	person found to have committed family violence.
678	678	SECTION 21. Section 12.095(e), Health and Safety Code, is
679	679	amended to read as follows:
680	680	(e) The panel may require the applicant or license holder to
681	681	undergo a medical or other examination at the applicant's or
682	682	holder's expense. A person who conducts an examination under this
683	683	subsection may be compelled to testify before the panel and in any
684	684	subsequent proceedings under Subchapter H, Chapter 411, Government
685	685	Code, or Subchapter N, Chapter 521, Transportation Code, as
686	686	applicable, concerning the person's observations and findings.
687	687	SECTION 22. Section 12.097(b), Health and Safety Code, is
688	688	amended to read as follows:
689	689	(b) In a subsequent proceeding under Subchapter H, Chapter
690	690	411, Government Code, or Subchapter N, Chapter 521, Transportation
691	691	Code, the medical standards division may provide a copy of the
692	692	report of the medical advisory board or panel and a medical record
693	693	or report relating to an applicant or license holder to:
694	694	(1) the Department of Public Safety of the State of
695	695	Texas;
696	696	(2) the applicant or license holder; and
697	697	(3) the officer who presides at the hearing.
698	698	SECTION 23. Section 46.04, Penal Code, is amended by adding
699	699	Subsections (f) and (g) to read as follows:
700	700	(f) For the purposes of this section, an offense under the
701	701	laws of this state, another state, or the United States is, except
702	702	as provided by Subsection (g), a felony if, at the time it is
703	703	committed, the offense:
704	704	(1) is designated by a law of this state as a felony;
705	705	(2) contains all the elements of an offense designated
706	706	by a law of this state as a felony; or
707	707	(3) is punishable by confinement for one year or more
708	708	in a penitentiary.
709	709	(g) An offense is not considered a felony for purposes of
710	710	Subsection (f) if, at the time the person possesses a firearm, the
711	711	offense:
712	712	(1) is designated by a law of this state as a
713	713	misdemeanor; or
714	714	(2) does not contain all the elements of any offense
715	715	designated by a law of this state as a felony.
716	716	SECTION 24. Sections 411.175 and 411.189, Government Code,
717	717	are repealed.
718	718	SECTION 25. The changes in law made by Sections 411.1711,
719	719	411.172, and 411.201(c), Government Code, as amended by this Act,
720	720	as amended by this Act, apply only to the eligibility of a person
721	721	for the issuance, modification, or renewal of a license, the
722	722	application for which is made on or after the effective date of this
723	723	Act. A holder of a license that was issued, modified, or renewed
724	724	before the effective date of this Act is not disqualified from
725	725	holding that license solely by reason of this Act.
726	726	SECTION 26. The changes in law made by Sections 411.174,
727	727	411.176, 411.177, 411.184, 411.185, 411.188, and 411.201(d),
728	728	Government Code, as amended by this Act, and by the repeal of
729	729	Sections 411.175 and 411.189, Government Code, apply only to an
730	730	application for the issuance, modification, or renewal of a license
731	731	that is submitted to the Department of Public Safety on or after the
732	732	effective date of this Act. An application submitted before the
733	733	effective date of this Act is governed by the law in effect when the
734	734	application was submitted, and the former law is continued in
735	735	effect for that purpose.
736	736	SECTION 27. The changes in law made by this Act to Sections
737	737	411.186 and 411.187, Government Code, Article 17.292, Code of
738	738	Criminal Procedure, and Section 85.022, Family Code, apply only to
739	739	an administrative or judicial determination concerning the
740	740	revocation or suspension of a license to carry a concealed handgun
741	741	that is made on or after the effective date of this Act. An
742	742	administrative or judicial determination made before the effective
743	743	date of this Act is covered by the law in effect when the
744	744	determination was made, and the former law is continued in effect
745	745	for that purpose.
746	746	SECTION 28. The change in law made by Section 411.208,
747	747	Government Code, as amended by this Act, applies only to a cause of
748	748	action that accrues on or after the effective date of this Act. A
749	749	cause of action that accrued before the effective date of this Act
750	750	is governed by the law in effect immediately before the effective
751	751	date of this Act, and the former law is continued in effect for that
752	752	purpose.
753	753	SECTION 29. The changes in law made by this Act in amending
754	754	Sections 411.171 and 411.172, Government Code, apply only to the
755	755	eligibility of a person for the issuance, modification, or renewal
756	756	of a license, the application for which is made on or after the
757	757	effective date of this Act. A holder of a license that was issued,
758	758	modified, or renewed before the effective date of this Act is not
759	759	disqualified from holding that license solely by reason of this
760	760	Act.
761	761	SECTION 30. The change in law made by this Act in amending
762	762	Section 46.04, Penal Code, applies only to an offense committed on
763	763	or after the effective date of this Act. An offense committed before
764	764	the effective date of this Act is covered by the law in effect when
765	765	the offense was committed, and the former law is continued in effect
766	766	for that purpose. For purposes of this section, an offense was
767	767	committed before the effective date of this Act if any element of
768	768	the offense occurred before that date.
769	769	SECTION 31. This Act takes effect September 1, 2009.