81R16281 PEP-D
By: Wentworth S.B. No. 2449
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain provisions affecting the
licensing of persons to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1711, Government Code, is amended to
read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171,
if an order of deferred adjudication was entered against the person
on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of
deferred adjudication was entered against the person for:
(1) an offense under:
(A) Title 5, Penal Code;
(B) [, or] Chapter 25 or 29, Penal Code; or
(C) Section 30.02, 38.112, 38.17, 42.072,
42.091, 42.10, 43.04, 43.05, 43.24(b)(3), 43.25, 43.26, 49.07, or
49.08, Penal Code; or
(2) an offense under the laws of another state if the
offense contains elements that are substantially similar to the
elements of an offense listed in Subdivision (1).
SECTION 2. Sections 411.172(a), (d), and (e), Government
Code, are amended to read as follows:
(a) A person is eligible for a license to carry a concealed
handgun if the person:
(1) is a legal resident of this state for the six-month
period preceding the date of application under this subchapter or
is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment;
(5) is not a fugitive from justice for a felony or a
Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with
respect to the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense or of an offense under Section 42.01, Penal
Code, or equivalent offense;
(9) is fully qualified under applicable federal and
state law to purchase a handgun;
(10) has not been finally determined to be delinquent
in making a child support payment administered or collected by the
attorney general;
(11) has not been finally determined to be delinquent
in the payment of a tax or other money collected by the comptroller,
the tax collector of a political subdivision of the state, or any
agency or subdivision of the state;
(12) has not been finally determined to be in default
on a loan made under Chapter 57, Education Code;
(13) is not currently restricted under a court
protective order or subject to a restraining order affecting the
spousal relationship, other than a restraining order solely
affecting property interests;
(14) has not, in the 10 years preceding the date of
application, been adjudicated as having engaged in delinquent
conduct violating a penal law of the grade of felony; and
(15) has not made any material misrepresentation, or
failed to disclose any material fact, in an application submitted
pursuant to Section 411.174 [or in a request for application
submitted pursuant to Section 411.175].
(d) For purposes of Subsection (a)(7), a person is incapable
of exercising sound judgment with respect to the proper use and
storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as
suffering from a psychiatric disorder or condition that causes or
is likely to cause substantial impairment in judgment, mood,
perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition
described by Subdivision (1) that:
(A) is in remission but is reasonably likely to
redevelop at a future time; or
(B) requires continuous medical treatment to
avoid redevelopment;
(3) has been diagnosed by a licensed physician,
determined by a review board or similar authority, or declared by a
court to be incompetent to manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not
guilty by reason of insanity.
(e) The following constitutes evidence that a person has a
psychiatric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization [in the
preceding five-year period];
(2) psychiatric hospitalization [in the preceding
two-year period];
(3) inpatient or residential substance abuse
treatment in the preceding five-year period;
(4) diagnosis in the preceding five-year period by a
licensed physician that the person is dependent on alcohol, a
controlled substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that
the person suffers or has suffered from a psychiatric disorder or
condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness,
brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
SECTION 3. Sections 411.174(a) and (b), Government Code,
are 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) one or more [two recent color passport]
photographs of the applicant that meet the requirements of the
department [, 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;
(7) evidence of [a] handgun proficiency, in the form
and manner required by the department [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).
(b) An applicant must provide on the application a statement
of the applicant's:
(1) full name and place and date of birth;
(2) race and sex;
(3) residence and business addresses for the preceding
five years;
(4) hair and eye color;
(5) height and weight;
(6) driver's license number or identification
certificate number issued by the department;
(7) criminal history record information of the type
maintained by the department under this chapter, including a list
of offenses for which the applicant was arrested, charged, or under
an information or indictment and the disposition of the offenses;
and
(8) history [during the preceding five years], if any,
of treatment received by, commitment to, or residence in:
(A) a drug or alcohol treatment center licensed
to provide drug or alcohol treatment under the laws of this state or
another state, but only if the treatment, commitment, or residence
occurred during the preceding five years; or
(B) a psychiatric hospital.
SECTION 4. Section 411.176, Government Code, is amended to
read as follows:
Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
receipt of [the] application materials by the department at its
Austin headquarters, the department shall conduct the appropriate
criminal history record check of the applicant through its
computerized criminal history system. Not later than the 30th day
after the date the department receives the application materials,
the department shall forward the materials to the director's
designee in the geographical area of the applicant's residence so
that the designee may conduct the investigation described by
Subsection (b). For purposes of this section, the director's
designee may be a noncommissioned employee of the department.
(b) The director's designee as needed shall conduct an
additional criminal history record check of the applicant and an
investigation of the applicant's local official records to verify
the accuracy of the application materials. The director's designee
may access any records necessary for purposes of this subsection.
The scope of the record check and the investigation are at the sole
discretion of the department, except that the director's designee
shall complete the record check and investigation not later than
the 60th day after the date the department receives the application
materials. The department shall send a fingerprint card to the
Federal Bureau of Investigation for a national criminal history
check of the applicant. On completion of the investigation, the
director's designee shall return all materials and the result of
the investigation to the appropriate division of the department at
its Austin headquarters.
(c) The director's designee may submit to the appropriate
division of the department, at the department's Austin
headquarters, along with the application materials a written
recommendation for disapproval of the application, accompanied by
an affidavit stating personal knowledge or naming persons with
personal knowledge of a ground for denial under Section 411.172.
The director's designee [in the appropriate geographical area] may
also submit the application and the recommendation that the license
be issued.
(d) On receipt at the department's Austin headquarters of
the application materials and the result of the investigation by
the director's designee, the department shall conduct any further
record check or investigation the department determines is
necessary if a question exists with respect to the accuracy of the
application materials or the eligibility of the applicant, except
that the department shall complete the record check and
investigation not later than the 180th day after the date the
department receives the application materials from the applicant.
SECTION 5. Sections 411.177(a) and (b), Government Code,
are amended to read as follows:
(a) The department shall issue a license to carry a
concealed handgun to an applicant if the applicant meets all the
eligibility requirements and submits all the application
materials. The department may issue a license to carry handguns
only of the categories for which the applicant has demonstrated
proficiency in the form and manner required by the department
[indicated on the applicant's certificate of proficiency issued
under Section 411.189]. The department shall administer the
licensing procedures in good faith so that any applicant who meets
all the eligibility requirements and submits all the application
materials shall receive a license. The department may not deny an
application on the basis of a capricious or arbitrary decision by
the department.
(b) The department shall, not later than the 60th day after
the date of the receipt by the director's designee of the completed
application materials:
(1) issue the license;
(2) notify the applicant in writing that the
application was denied:
(A) on the grounds that the applicant failed to
qualify under the criteria listed in Section 411.172;
(B) based on the affidavit of the director's
designee submitted to the department under Section 411.176(c)
[411.176(b)]; or
(C) based on the affidavit of the qualified
handgun instructor submitted to the department under Section
411.188(j) [411.189(c)]; or
(3) notify the applicant in writing that the
department is unable to make a determination regarding the issuance
or denial of a license to the applicant within the 60-day period
prescribed by this subsection and include in that notification an
explanation of the reason for the inability and an estimation of the
amount of time the department will need to make the determination.
SECTION 6. Section 411.184(a), Government Code, is amended
to read as follows:
(a) To modify a license to allow a license holder to carry a
handgun of a different category than the license indicates, the
license holder must:
(1) complete a proficiency examination as provided by
Section 411.188(e);
[(2) obtain a handgun proficiency certificate under
Section 411.189 not more than six months before the date of
application for a modified license;] and
(2) [(3)] submit to the department:
(A) an application for a modified license on a
form provided by the department;
(B) evidence of [a copy of the] handgun
proficiency, in the form and manner required by the department
[certificate];
(C) payment of a modified license fee of $25; and
(D) one or more [two recent color passport]
photographs of the license holder that meet the requirements of the
department [, except that an applicant who is younger than 21 years
of age must submit two recent color passport photographs in profile
of the applicant].
SECTION 7. Section 411.185(a), Government Code, is amended
to read as follows:
(a) To renew a license, a license holder 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
(2) [(3)] submit to the department:
(A) an application for renewal on a form provided
by the department;
(B) evidence of [a copy of the] handgun
proficiency, in the form and manner required by the department
[certificate];
(C) payment of a nonrefundable renewal fee as set
by the department; and
(D) one or more [two recent color passport]
photographs of the applicant that meet the requirements of the
department.
SECTION 8. Section 411.186(a), Government Code, is amended
to read as follows:
(a) The department shall revoke a [A] license [may be
revoked] under this section if the license holder:
(1) was not entitled to the license at the time it was
issued;
(2) gave false information on the application;
(3) subsequently becomes ineligible for a license
under Section 411.172, unless the sole basis for the ineligibility
is that the license holder is charged with the commission of a Class
A or Class B misdemeanor or equivalent offense, or of an offense
under Section 42.01, Penal Code, or equivalent offense, or of a
felony under an information or indictment;
(4) is convicted of an offense under Section 46.035,
Penal Code;
(5) is determined by the department to have engaged in
conduct constituting a reason to suspend a license listed in
Section 411.187(a) after the person's license has been previously
suspended twice for the same reason; or
(6) submits an application fee that is dishonored or
reversed.
SECTION 9. Sections 411.187(a) and (c), Government Code,
are amended to read as follows:
(a) The department shall suspend a [A] license [may be
suspended] under this section if the license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment;
(2) fails to display a license as required by Section
411.205;
(3) fails to notify the department of a change of
address or name as required by Section 411.181;
(4) carries a concealed handgun under the authority of
this subchapter of a different category than the license holder is
licensed to carry;
(5) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(6) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(7) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
(c) The department shall suspend a [A] license [may be
suspended] under this section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(3), (4), or (5),
except as provided by Subdivision (3);
(2) for 90 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), except as
provided by Subdivision (3);
(3) for not less than one year and not more than three
years, if the person's license:
(A) is subject to suspension for a reason listed
in Subsection (a), other than the reason listed in Subsection
(a)(1); [,]and
(B) [the person's license] has been previously
suspended for the same reason;
(4) until dismissal of the charges, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(1); or
(5) for the duration of or the period specified by:
(A) the protective order issued under Title 4,
Family Code, if the person's license is subject to suspension for
the reason listed in Subsection (a)(6); or
(B) the order for emergency protection issued
under Article 17.292, Code of Criminal Procedure, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(7).
SECTION 10. Section 411.188, Government Code, is amended by
amending Subsections (a), (g), (h), and (i) and adding Subsection
(j) to read as follows:
(a) The director by rule shall establish minimum standards
for handgun proficiency and shall develop a course to teach handgun
proficiency and examinations to measure handgun proficiency. The
course to teach handgun proficiency must contain training sessions
divided into two parts. One part of the course must be classroom
instruction and the other part must be range instruction and an
actual demonstration by the applicant of the applicant's ability to
safely and proficiently use the applicable category of handgun [for
which the applicant seeks certification]. An applicant must be
able to demonstrate [may not be certified unless the applicant
demonstrates], at a minimum, the degree of proficiency that is
required to effectively operate a handgun of .32 caliber or above.
The department shall distribute the standards, course
requirements, and examinations on request to any qualified handgun
instructor.
(g) A person who wishes to obtain or renew a license to carry
a concealed handgun must apply in person to a qualified handgun
instructor to take the appropriate course in handgun proficiency
and [,] demonstrate handgun proficiency as required by the
department[, and obtain a handgun proficiency certificate as
described by Section 411.189].
(h) A license holder who wishes to modify a license to allow
the license holder to carry a handgun of a different category than
the license indicates must apply in person to a qualified handgun
instructor to demonstrate the required knowledge and proficiency
[to obtain a handgun proficiency certificate] in that category [as
described by Section 411.189].
(i) A certified firearms instructor of the department may
monitor any class or training presented by a qualified handgun
instructor. A qualified handgun instructor shall cooperate with
the department in the department's efforts to monitor the
presentation of training by the qualified handgun instructor. A
qualified handgun instructor shall make available for inspection to
the department any and all records maintained by a qualified
handgun instructor under this subchapter. The qualified handgun
instructor shall keep a record of all [certificates of handgun
proficiency issued by the qualified handgun instructor and other]
information required by department rule.
(j) A qualified handgun instructor may submit to the
department a written recommendation for disapproval of the
application for a license, renewal, or modification of a license,
accompanied by an affidavit stating personal knowledge or naming
persons with personal knowledge of facts that lead the instructor
to believe that an applicant does not possess the required handgun
proficiency. The department may use a written recommendation
submitted under this subsection as the basis for denial of a license
only if the department determines that the recommendation is made
in good faith and is supported by a preponderance of the evidence.
The department shall make a determination under this subsection not
later than the 45th day after the date the department receives the
written recommendation. The 60-day period in which the department
must take action under Section 411.177(b) is extended one day for
each day a determination is pending under this subsection.
SECTION 11. Sections 411.199(a) and (e), Government Code,
are amended to read as follows:
(a) A person who is licensed as a peace officer under
Chapter 1701, Occupations Code, [415] and who has been employed
full-time as a peace officer by a law enforcement agency may apply
for a license under this subchapter at any time after retirement.
(e) A retired peace officer who obtains a license under this
subchapter must maintain, for the category of weapon licensed, the
proficiency required for a peace officer under Section 1701.355,
Occupations Code [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.
SECTION 12. Section 411.1991(a), Government Code, is
amended to read as follows:
(a) A person who is licensed as a peace officer under
Chapter 1701, Occupations Code, [415] and is employed full-time as
a peace officer by a law enforcement agency may apply for a license
under this subchapter. The person shall submit to the department
two complete sets of legible and classifiable fingerprints and a
sworn statement of the head of the law enforcement agency employing
the applicant. A head of a law enforcement agency may not refuse to
issue a statement under this subsection. If the applicant alleges
that the statement is untrue, the department shall investigate the
validity of the statement. The statement must include:
(1) the name and rank of the applicant;
(2) whether the applicant has been accused of
misconduct at any time during the applicant's period of employment
with the agency and the disposition of that accusation;
(3) a description of the physical and mental condition
of the applicant;
(4) a list of the types of weapons the applicant has
demonstrated proficiency with during the preceding year; and
(5) a recommendation from the agency head that a
license be issued to the person under this subchapter.
SECTION 13. Sections 411.201(c) and (d), Government Code,
are amended to read as follows:
(c) An active judicial officer is eligible for a license to
carry a concealed handgun under the authority of this subchapter. A
retired judicial officer is eligible for a license to carry a
concealed handgun under the authority of this subchapter if the
officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense;
(3) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense or of a felony under an
information or indictment;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(d) An applicant for a license who is an active or retired
judicial officer must submit to the department:
(1) a completed application, including all required
affidavits, on a form prescribed by the department;
(2) one or more [two recent color passport]
photographs of the applicant that meet the requirements of the
department;
(3) two complete sets of legible and classifiable
fingerprints of the applicant, including one set taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints;
(4) evidence of [a] handgun proficiency, in the form
and manner required by the department for an applicant under this
section [certificate issued to the applicant as evidence that the
applicant successfully completed the proficiency requirements of
this subchapter];
(5) [(4)] a nonrefundable application and license fee
set by the department in an amount reasonably designed to cover the
administrative costs associated with issuance of a license to carry
a concealed handgun under this subchapter; and
(6) [(5)] if the applicant is a retired judicial
officer,[:
[(A) two complete sets of legible and
classifiable fingerprints of the applicant taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints; and
[(B)] a form executed by the applicant that
authorizes the department to make an inquiry into any noncriminal
history records that are necessary to determine the applicant's
eligibility for a license under this subchapter.
SECTION 14. Section 411.208, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The immunities granted under Subsection (a) to a
qualified handgun instructor do not apply to a cause of action for
fraud or a deceptive trade practice.
SECTION 15. Article 17.292(l), Code of Criminal Procedure,
is amended to read as follows:
(l) In the order for emergency protection, the magistrate
shall [may] suspend a license to carry a concealed handgun issued
under Subchapter H, Chapter 411 [Section 411.177], Government Code,
that is held by the defendant.
SECTION 16. Section 57.481(c), Education Code, is amended
to read as follows:
(c) The corporation shall maintain a system of
communication among the appropriate state agencies and entities to
reduce loan default claims. To assist the department's
determination of eligibility for a handgun license under Subchapter
H, Chapter 411, Government Code, the corporation shall provide to
the Department of Public Safety updated information regarding
persons who are determined to be in default on a student loan
guaranteed by the corporation.
SECTION 17. Section 57.491, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) Notwithstanding Subsections (e) and (g), the Department
of Public Safety may not issue or renew the handgun license of an
applicant who is determined to be in default on a student loan
guaranteed by the corporation unless the applicant presents to the
department a certificate issued by the corporation certifying that
the applicant has repaid the student loan in full.
SECTION 18. Section 85.022(d), Family Code, is amended to
read as follows:
(d) In a protective order, the court shall [may] suspend a
license to carry a concealed handgun issued under Subchapter H,
Chapter 411 [Section 411.177], Government Code, that is held by a
person found to have committed family violence.
SECTION 19. Section 12.095(e), Health and Safety Code, is
amended to read as follows:
(e) The panel may require the applicant or license holder to
undergo a medical or other examination at the applicant's or
holder's expense. A person who conducts an examination under this
subsection may be compelled to testify before the panel and in any
subsequent proceedings under Subchapter H, Chapter 411, Government
Code, or Subchapter N, Chapter 521, Transportation Code, as
applicable, concerning the person's observations and findings.
SECTION 20. Section 12.097(b), Health and Safety Code, is
amended to read as follows:
(b) In a subsequent proceeding under Subchapter H, Chapter
411, Government Code, or Subchapter N, Chapter 521, Transportation
Code, the medical standards division may provide a copy of the
report of the medical advisory board or panel and a medical record
or report relating to an applicant or license holder to:
(1) the Department of Public Safety of the State of
Texas;
(2) the applicant or license holder; and
(3) the officer who presides at the hearing.
SECTION 21. Sections 411.175, 411.1882, and 411.189,
Government Code, are repealed.
SECTION 22. The changes in law made by Sections 411.1711,
411.172, and 411.201(c), Government Code, as amended by this Act,
and by Section 57.491, Education Code, as amended by this Act, apply
only to the eligibility of a person for the issuance, modification,
or renewal of a license, the application for which is made on or
after the effective date of this Act. A holder of a license that was
issued, modified, or renewed before the effective date of this Act
is not disqualified from holding that license solely by reason of
this Act.
SECTION 23. The changes in law made by Sections 411.174,
411.176, 411.177, 411.184, 411.185, 411.188, and 411.201(d),
Government Code, as amended by this Act, and by the repeal of
Sections 411.175, 411.1882, and 411.189, Government Code, apply
only to an application for the issuance, modification, or renewal
of a license that is submitted to the Department of Public Safety on
or after the effective date of this Act. An application submitted
before the effective date of this Act is governed by the law in
effect when the application was submitted, and the former law is
continued in effect for that purpose.
SECTION 24. The changes in law made by this Act to Sections
411.186 and 411.187, Government Code, Article 17.292, Code of
Criminal Procedure, and Section 85.022, Family Code, apply only to
an administrative or judicial determination concerning the
revocation or suspension of a license to carry a concealed handgun
that is made on or after the effective date of this Act. An
administrative or judicial determination made before the effective
date of this Act is covered by the law in effect when the
determination was made, and the former law is continued in effect
for that purpose.
SECTION 25. The change in law made by Section 411.208,
Government Code, as amended by this Act, applies only to a cause of
action that accrues on or after the effective date of this Act. A
cause of action that accrued before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 26. This Act takes effect September 1, 2009.