Texas 2009 - 81st Regular

Texas Senate Bill SB2449 Compare Versions

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

Old	New	Differences
1	1	81R16281 PEP-D
2	2	By: Wentworth S.B. No. 2449
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of certain provisions affecting the
8	8	licensing of persons to carry a concealed handgun.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.1711, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
13	13	person is not convicted, as that term is defined by Section 411.171,
14	14	if an order of deferred adjudication was entered against the person
15	15	on a date not less than 10 years preceding the date of the person's
16	16	application for a license under this subchapter unless the order of
17	17	deferred adjudication was entered against the person for:
18	18	(1) an offense under:
19	19	(A) Title 5, Penal Code;
20	20	(B) [, or] Chapter 25 or 29, Penal Code; or
21	21	(C) Section 30.02, 38.112, 38.17, 42.072,
22	22	42.091, 42.10, 43.04, 43.05, 43.24(b)(3), 43.25, 43.26, 49.07, or
23	23	49.08, Penal Code; 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	SECTION 2. Sections 411.172(a), (d), and (e), Government
28	28	Code, are amended to read as follows:
29	29	(a) A person is eligible for a license to carry a concealed
30	30	handgun if the person:
31	31	(1) is a legal resident of this state for the six-month
32	32	period preceding the date of application under this subchapter or
33	33	is otherwise eligible for a license under Section 411.173(a);
34	34	(2) is at least 21 years of age;
35	35	(3) has not been convicted of a felony;
36	36	(4) is not charged with the commission of a Class A or
37	37	Class B misdemeanor or equivalent offense, or of an offense under
38	38	Section 42.01, Penal Code, or equivalent offense, or of a felony
39	39	under an information or indictment;
40	40	(5) is not a fugitive from justice for a felony or a
41	41	Class A or Class B misdemeanor or equivalent offense;
42	42	(6) is not a chemically dependent person;
43	43	(7) is not incapable of exercising sound judgment with
44	44	respect to the proper use and storage of a handgun;
45	45	(8) has not, in the five years preceding the date of
46	46	application, been convicted of a Class A or Class B misdemeanor or
47	47	equivalent offense or of an offense under Section 42.01, Penal
48	48	Code, or equivalent offense;
49	49	(9) is fully qualified under applicable federal and
50	50	state law to purchase a handgun;
51	51	(10) has not been finally determined to be delinquent
52	52	in making a child support payment administered or collected by the
53	53	attorney general;
54	54	(11) has not been finally determined to be delinquent
55	55	in the payment of a tax or other money collected by the comptroller,
56	56	the tax collector of a political subdivision of the state, or any
57	57	agency or subdivision of the state;
58	58	(12) has not been finally determined to be in default
59	59	on a loan made under Chapter 57, Education Code;
60	60	(13) is not currently restricted under a court
61	61	protective order or subject to a restraining order affecting the
62	62	spousal relationship, other than a restraining order solely
63	63	affecting property interests;
64	64	(14) has not, in the 10 years preceding the date of
65	65	application, been adjudicated as having engaged in delinquent
66	66	conduct violating a penal law of the grade of felony; and
67	67	(15) has not made any material misrepresentation, or
68	68	failed to disclose any material fact, in an application submitted
69	69	pursuant to Section 411.174 [or in a request for application
70	70	submitted pursuant to Section 411.175].
71	71	(d) For purposes of Subsection (a)(7), a person is incapable
72	72	of exercising sound judgment with respect to the proper use and
73	73	storage of a handgun if the person:
74	74	(1) has been diagnosed by a licensed physician as
75	75	suffering from a psychiatric disorder or condition that causes or
76	76	is likely to cause substantial impairment in judgment, mood,
77	77	perception, impulse control, or intellectual ability;
78	78	(2) suffers from a psychiatric disorder or condition
79	79	described by Subdivision (1) that:
80	80	(A) is in remission but is reasonably likely to
81	81	redevelop at a future time; or
82	82	(B) requires continuous medical treatment to
83	83	avoid redevelopment;
84	84	(3) has been diagnosed by a licensed physician,
85	85	determined by a review board or similar authority, or declared by a
86	86	court to be incompetent to manage the person's own affairs; or
87	87	(4) has entered in a criminal proceeding a plea of not
88	88	guilty by reason of insanity.
89	89	(e) The following constitutes evidence that a person has a
90	90	psychiatric disorder or condition described by Subsection (d)(1):
91	91	(1) involuntary psychiatric hospitalization [in the
92	92	preceding five-year period];
93	93	(2) psychiatric hospitalization [in the preceding
94	94	two-year period];
95	95	(3) inpatient or residential substance abuse
96	96	treatment in the preceding five-year period;
97	97	(4) diagnosis in the preceding five-year period by a
98	98	licensed physician that the person is dependent on alcohol, a
99	99	controlled substance, or a similar substance; or
100	100	(5) diagnosis at any time by a licensed physician that
101	101	the person suffers or has suffered from a psychiatric disorder or
102	102	condition consisting of or relating to:
103	103	(A) schizophrenia or delusional disorder;
104	104	(B) bipolar disorder;
105	105	(C) chronic dementia, whether caused by illness,
106	106	brain defect, or brain injury;
107	107	(D) dissociative identity disorder;
108	108	(E) intermittent explosive disorder; or
109	109	(F) antisocial personality disorder.
110	110	SECTION 3. Sections 411.174(a) and (b), Government Code,
111	111	are amended to read as follows:
112	112	(a) An applicant for a license to carry a concealed handgun
113	113	must submit to the director's designee described by Section
114	114	411.176:
115	115	(1) a completed application on a form provided by the
116	116	department that requires only the information listed in Subsection
117	117	(b);
118	118	(2) one or more [two recent color passport]
119	119	photographs of the applicant that meet the requirements of the
120	120	department [, except that an applicant who is younger than 21 years
121	121	of age must submit two recent color passport photographs in profile
122	122	of the applicant];
123	123	(3) a certified copy of the applicant's birth
124	124	certificate or certified proof of age;
125	125	(4) proof of residency in this state;
126	126	(5) two complete sets of legible and classifiable
127	127	fingerprints of the applicant taken by a person appropriately
128	128	trained in recording fingerprints who is employed by a law
129	129	enforcement agency or by a private entity designated by a law
130	130	enforcement agency as an entity qualified to take fingerprints of
131	131	an applicant for a license under this subchapter;
132	132	(6) a nonrefundable application and license fee of
133	133	$140 paid to the department;
134	134	(7) evidence of [a] handgun proficiency, in the form
135	135	and manner required by the department [certificate described by
136	136	Section 411.189];
137	137	(8) an affidavit signed by the applicant stating that
138	138	the applicant:
139	139	(A) has read and understands each provision of
140	140	this subchapter that creates an offense under the laws of this state
141	141	and each provision of the laws of this state related to use of
142	142	deadly force; and
143	143	(B) fulfills all the eligibility requirements
144	144	listed under Section 411.172; and
145	145	(9) a form executed by the applicant that authorizes
146	146	the director to make an inquiry into any noncriminal history
147	147	records that are necessary to determine the applicant's eligibility
148	148	for a license under Section 411.172(a).
149	149	(b) An applicant must provide on the application a statement
150	150	of the applicant's:
151	151	(1) full name and place and date of birth;
152	152	(2) race and sex;
153	153	(3) residence and business addresses for the preceding
154	154	five years;
155	155	(4) hair and eye color;
156	156	(5) height and weight;
157	157	(6) driver's license number or identification
158	158	certificate number issued by the department;
159	159	(7) criminal history record information of the type
160	160	maintained by the department under this chapter, including a list
161	161	of offenses for which the applicant was arrested, charged, or under
162	162	an information or indictment and the disposition of the offenses;
163	163	and
164	164	(8) history [during the preceding five years], if any,
165	165	of treatment received by, commitment to, or residence in:
166	166	(A) a drug or alcohol treatment center licensed
167	167	to provide drug or alcohol treatment under the laws of this state or
168	168	another state, but only if the treatment, commitment, or residence
169	169	occurred during the preceding five years; or
170	170	(B) a psychiatric hospital.
171	171	SECTION 4. Section 411.176, Government Code, is amended to
172	172	read as follows:
173	173	Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
174	174	receipt of [the] application materials by the department at its
175	175	Austin headquarters, the department shall conduct the appropriate
176	176	criminal history record check of the applicant through its
177	177	computerized criminal history system. Not later than the 30th day
178	178	after the date the department receives the application materials,
179	179	the department shall forward the materials to the director's
180	180	designee in the geographical area of the applicant's residence so
181	181	that the designee may conduct the investigation described by
182	182	Subsection (b). For purposes of this section, the director's
183	183	designee may be a noncommissioned employee of the department.
184	184	(b) The director's designee as needed shall conduct an
185	185	additional criminal history record check of the applicant and an
186	186	investigation of the applicant's local official records to verify
187	187	the accuracy of the application materials. The director's designee
188	188	may access any records necessary for purposes of this subsection.
189	189	The scope of the record check and the investigation are at the sole
190	190	discretion of the department, except that the director's designee
191	191	shall complete the record check and investigation not later than
192	192	the 60th day after the date the department receives the application
193	193	materials. The department shall send a fingerprint card to the
194	194	Federal Bureau of Investigation for a national criminal history
195	195	check of the applicant. On completion of the investigation, the
196	196	director's designee shall return all materials and the result of
197	197	the investigation to the appropriate division of the department at
198	198	its Austin headquarters.
199	199	(c) The director's designee may submit to the appropriate
200	200	division of the department, at the department's Austin
201	201	headquarters, along with the application materials a written
202	202	recommendation for disapproval of the application, accompanied by
203	203	an affidavit stating personal knowledge or naming persons with
204	204	personal knowledge of a ground for denial under Section 411.172.
205	205	The director's designee [in the appropriate geographical area] may
206	206	also submit the application and the recommendation that the license
207	207	be issued.
208	208	(d) On receipt at the department's Austin headquarters of
209	209	the application materials and the result of the investigation by
210	210	the director's designee, the department shall conduct any further
211	211	record check or investigation the department determines is
212	212	necessary if a question exists with respect to the accuracy of the
213	213	application materials or the eligibility of the applicant, except
214	214	that the department shall complete the record check and
215	215	investigation not later than the 180th day after the date the
216	216	department receives the application materials from the applicant.
217	217	SECTION 5. Sections 411.177(a) and (b), Government Code,
218	218	are amended to read as follows:
219	219	(a) The department shall issue a license to carry a
220	220	concealed handgun to an applicant if the applicant meets all the
221	221	eligibility requirements and submits all the application
222	222	materials. The department may issue a license to carry handguns
223	223	only of the categories for which the applicant has demonstrated
224	224	proficiency in the form and manner required by the department
225	225	[indicated on the applicant's certificate of proficiency issued
226	226	under Section 411.189]. The department shall administer the
227	227	licensing procedures in good faith so that any applicant who meets
228	228	all the eligibility requirements and submits all the application
229	229	materials shall receive a license. The department may not deny an
230	230	application on the basis of a capricious or arbitrary decision by
231	231	the department.
232	232	(b) The department shall, not later than the 60th day after
233	233	the date of the receipt by the director's designee of the completed
234	234	application materials:
235	235	(1) issue the license;
236	236	(2) notify the applicant in writing that the
237	237	application was denied:
238	238	(A) on the grounds that the applicant failed to
239	239	qualify under the criteria listed in Section 411.172;
240	240	(B) based on the affidavit of the director's
241	241	designee submitted to the department under Section 411.176(c)
242	242	[411.176(b)]; or
243	243	(C) based on the affidavit of the qualified
244	244	handgun instructor submitted to the department under Section
245	245	411.188(j) [411.189(c)]; or
246	246	(3) notify the applicant in writing that the
247	247	department is unable to make a determination regarding the issuance
248	248	or denial of a license to the applicant within the 60-day period
249	249	prescribed by this subsection and include in that notification an
250	250	explanation of the reason for the inability and an estimation of the
251	251	amount of time the department will need to make the determination.
252	252	SECTION 6. Section 411.184(a), Government Code, is amended
253	253	to read as follows:
254	254	(a) To modify a license to allow a license holder to carry a
255	255	handgun of a different category than the license indicates, the
256	256	license holder must:
257	257	(1) complete a proficiency examination as provided by
258	258	Section 411.188(e);
259	259	[(2) obtain a handgun proficiency certificate under
260	260	Section 411.189 not more than six months before the date of
261	261	application for a modified license;] and
262	262	(2) [(3)] submit to the department:
263	263	(A) an application for a modified license on a
264	264	form provided by the department;
265	265	(B) evidence of [a copy of the] handgun
266	266	proficiency, in the form and manner required by the department
267	267	[certificate];
268	268	(C) payment of a modified license fee of $25; and
269	269	(D) one or more [two recent color passport]
270	270	photographs of the license holder that meet the requirements of the
271	271	department [, except that an applicant who is younger than 21 years
272	272	of age must submit two recent color passport photographs in profile
273	273	of the applicant].
274	274	SECTION 7. Section 411.185(a), Government Code, is amended
275	275	to read as follows:
276	276	(a) To renew a license, a license holder must:
277	277	(1) complete a continuing education course in handgun
278	278	proficiency under Section 411.188(c) within the six-month period
279	279	preceding:
280	280	(A) the date of application for renewal, for a
281	281	first or second renewal; and
282	282	(B) the date of application for renewal or the
283	283	date of application for the preceding renewal, for a third or
284	284	subsequent renewal, to ensure that the license holder is not
285	285	required to complete the course more than once in any 10-year
286	286	period;
287	287	[(2) obtain a handgun proficiency certificate under
288	288	Section 411.189 within the six-month period preceding:
289	289	[(A) the date of application for renewal, for a
290	290	first or second renewal; and
291	291	[(B) the date of application for renewal or the
292	292	date of application for the preceding renewal, for a third or
293	293	subsequent renewal, to ensure that the license holder is not
294	294	required to obtain the certificate more than once in any 10-year
295	295	period;] and
296	296	(2) [(3)] submit to the department:
297	297	(A) an application for renewal on a form provided
298	298	by the department;
299	299	(B) evidence of [a copy of the] handgun
300	300	proficiency, in the form and manner required by the department
301	301	[certificate];
302	302	(C) payment of a nonrefundable renewal fee as set
303	303	by the department; and
304	304	(D) one or more [two recent color passport]
305	305	photographs of the applicant that meet the requirements of the
306	306	department.
307	307	SECTION 8. Section 411.186(a), Government Code, is amended
308	308	to read as follows:
309	309	(a) The department shall revoke a [A] license [may be
310	310	revoked] under this section if the license holder:
311	311	(1) was not entitled to the license at the time it was
312	312	issued;
313	313	(2) gave false information on the application;
314	314	(3) subsequently becomes ineligible for a license
315	315	under Section 411.172, unless the sole basis for the ineligibility
316	316	is that the license holder is charged with the commission of a Class
317	317	A or Class B misdemeanor or equivalent offense, or of an offense
318	318	under Section 42.01, Penal Code, or equivalent offense, or of a
319	319	felony under an information or indictment;
320	320	(4) is convicted of an offense under Section 46.035,
321	321	Penal Code;
322	322	(5) is determined by the department to have engaged in
323	323	conduct constituting a reason to suspend a license listed in
324	324	Section 411.187(a) after the person's license has been previously
325	325	suspended twice for the same reason; or
326	326	(6) submits an application fee that is dishonored or
327	327	reversed.
328	328	SECTION 9. Sections 411.187(a) and (c), Government Code,
329	329	are amended to read as follows:
330	330	(a) The department shall suspend a [A] license [may be
331	331	suspended] under this section if the license holder:
332	332	(1) is charged with the commission of a Class A or
333	333	Class B misdemeanor or equivalent offense, or of an offense under
334	334	Section 42.01, Penal Code, or equivalent offense, or of a felony
335	335	under an information or indictment;
336	336	(2) fails to display a license as required by Section
337	337	411.205;
338	338	(3) fails to notify the department of a change of
339	339	address or name as required by Section 411.181;
340	340	(4) carries a concealed handgun under the authority of
341	341	this subchapter of a different category than the license holder is
342	342	licensed to carry;
343	343	(5) fails to return a previously issued license after
344	344	a license is modified as required by Section 411.184(d);
345	345	(6) commits an act of family violence and is the
346	346	subject of an active protective order rendered under Title 4,
347	347	Family Code; or
348	348	(7) is arrested for an offense involving family
349	349	violence or an offense under Section 42.072, Penal Code, and is the
350	350	subject of an order for emergency protection issued under Article
351	351	17.292, Code of Criminal Procedure.
352	352	(c) The department shall suspend a [A] license [may be
353	353	suspended] under this section:
354	354	(1) for 30 days, if the person's license is subject to
355	355	suspension for a reason listed in Subsection (a)(3), (4), or (5),
356	356	except as provided by Subdivision (3);
357	357	(2) for 90 days, if the person's license is subject to
358	358	suspension for a reason listed in Subsection (a)(2), except as
359	359	provided by Subdivision (3);
360	360	(3) for not less than one year and not more than three
361	361	years, if the person's license:
362	362	(A) is subject to suspension for a reason listed
363	363	in Subsection (a), other than the reason listed in Subsection
364	364	(a)(1); [,]and
365	365	(B) [the person's license] has been previously
366	366	suspended for the same reason;
367	367	(4) until dismissal of the charges, if the person's
368	368	license is subject to suspension for the reason listed in
369	369	Subsection (a)(1); or
370	370	(5) for the duration of or the period specified by:
371	371	(A) the protective order issued under Title 4,
372	372	Family Code, if the person's license is subject to suspension for
373	373	the reason listed in Subsection (a)(6); or
374	374	(B) the order for emergency protection issued
375	375	under Article 17.292, Code of Criminal Procedure, if the person's
376	376	license is subject to suspension for the reason listed in
377	377	Subsection (a)(7).
378	378	SECTION 10. Section 411.188, Government Code, is amended by
379	379	amending Subsections (a), (g), (h), and (i) and adding Subsection
380	380	(j) to read as follows:
381	381	(a) The director by rule shall establish minimum standards
382	382	for handgun proficiency and shall develop a course to teach handgun
383	383	proficiency and examinations to measure handgun proficiency. The
384	384	course to teach handgun proficiency must contain training sessions
385	385	divided into two parts. One part of the course must be classroom
386	386	instruction and the other part must be range instruction and an
387	387	actual demonstration by the applicant of the applicant's ability to
388	388	safely and proficiently use the applicable category of handgun [for
389	389	which the applicant seeks certification]. An applicant must be
390	390	able to demonstrate [may not be certified unless the applicant
391	391	demonstrates], at a minimum, the degree of proficiency that is
392	392	required to effectively operate a handgun of .32 caliber or above.
393	393	The department shall distribute the standards, course
394	394	requirements, and examinations on request to any qualified handgun
395	395	instructor.
396	396	(g) A person who wishes to obtain or renew a license to carry
397	397	a concealed handgun must apply in person to a qualified handgun
398	398	instructor to take the appropriate course in handgun proficiency
399	399	and [,] demonstrate handgun proficiency as required by the
400	400	department[, and obtain a handgun proficiency certificate as
401	401	described by Section 411.189].
402	402	(h) A license holder who wishes to modify a license to allow
403	403	the license holder to carry a handgun of a different category than
404	404	the license indicates must apply in person to a qualified handgun
405	405	instructor to demonstrate the required knowledge and proficiency
406	406	[to obtain a handgun proficiency certificate] in that category [as
407	407	described by Section 411.189].
408	408	(i) A certified firearms instructor of the department may
409	409	monitor any class or training presented by a qualified handgun
410	410	instructor. A qualified handgun instructor shall cooperate with
411	411	the department in the department's efforts to monitor the
412	412	presentation of training by the qualified handgun instructor. A
413	413	qualified handgun instructor shall make available for inspection to
414	414	the department any and all records maintained by a qualified
415	415	handgun instructor under this subchapter. The qualified handgun
416	416	instructor shall keep a record of all [certificates of handgun
417	417	proficiency issued by the qualified handgun instructor and other]
418	418	information required by department rule.
419	419	(j) A qualified handgun instructor may submit to the
420	420	department a written recommendation for disapproval of the
421	421	application for a license, renewal, or modification of a license,
422	422	accompanied by an affidavit stating personal knowledge or naming
423	423	persons with personal knowledge of facts that lead the instructor
424	424	to believe that an applicant does not possess the required handgun
425	425	proficiency. The department may use a written recommendation
426	426	submitted under this subsection as the basis for denial of a license
427	427	only if the department determines that the recommendation is made
428	428	in good faith and is supported by a preponderance of the evidence.
429	429	The department shall make a determination under this subsection not
430	430	later than the 45th day after the date the department receives the
431	431	written recommendation. The 60-day period in which the department
432	432	must take action under Section 411.177(b) is extended one day for
433	433	each day a determination is pending under this subsection.
434	434	SECTION 11. Sections 411.199(a) and (e), Government Code,
435	435	are amended to read as follows:
436	436	(a) A person who is licensed as a peace officer under
437	437	Chapter 1701, Occupations Code, [415] and who has been employed
438	438	full-time as a peace officer by a law enforcement agency may apply
439	439	for a license under this subchapter at any time after retirement.
440	440	(e) A retired peace officer who obtains a license under this
441	441	subchapter must maintain, for the category of weapon licensed, the
442	442	proficiency required for a peace officer under Section 1701.355,
443	443	Occupations Code [415.035]. The department or a local law
444	444	enforcement agency shall allow a retired peace officer of the
445	445	department or agency an opportunity to annually demonstrate the
446	446	required proficiency. The proficiency shall be reported to the
447	447	department on application and renewal.
448	448	SECTION 12. Section 411.1991(a), Government Code, is
449	449	amended to read as follows:
450	450	(a) A person who is licensed as a peace officer under
451	451	Chapter 1701, Occupations Code, [415] and is employed full-time as
452	452	a peace officer by a law enforcement agency may apply for a license
453	453	under this subchapter. The person shall submit to the department
454	454	two complete sets of legible and classifiable fingerprints and a
455	455	sworn statement of the head of the law enforcement agency employing
456	456	the applicant. A head of a law enforcement agency may not refuse to
457	457	issue a statement under this subsection. If the applicant alleges
458	458	that the statement is untrue, the department shall investigate the
459	459	validity of the statement. The statement must include:
460	460	(1) the name and rank of the applicant;
461	461	(2) whether the applicant has been accused of
462	462	misconduct at any time during the applicant's period of employment
463	463	with the agency and the disposition of that accusation;
464	464	(3) a description of the physical and mental condition
465	465	of the applicant;
466	466	(4) a list of the types of weapons the applicant has
467	467	demonstrated proficiency with during the preceding year; and
468	468	(5) a recommendation from the agency head that a
469	469	license be issued to the person under this subchapter.
470	470	SECTION 13. Sections 411.201(c) and (d), Government Code,
471	471	are amended to read as follows:
472	472	(c) An active judicial officer is eligible for a license to
473	473	carry a concealed handgun under the authority of this subchapter. A
474	474	retired judicial officer is eligible for a license to carry a
475	475	concealed handgun under the authority of this subchapter if the
476	476	officer:
477	477	(1) has not been convicted of a felony;
478	478	(2) has not, in the five years preceding the date of
479	479	application, been convicted of a Class A or Class B misdemeanor or
480	480	equivalent offense;
481	481	(3) is not charged with the commission of a Class A or
482	482	Class B misdemeanor or equivalent offense or of a felony under an
483	483	information or indictment;
484	484	(4) is not a chemically dependent person; and
485	485	(5) is not a person of unsound mind.
486	486	(d) An applicant for a license who is an active or retired
487	487	judicial officer must submit to the department:
488	488	(1) a completed application, including all required
489	489	affidavits, on a form prescribed by the department;
490	490	(2) one or more [two recent color passport]
491	491	photographs of the applicant that meet the requirements of the
492	492	department;
493	493	(3) two complete sets of legible and classifiable
494	494	fingerprints of the applicant, including one set taken by a person
495	495	employed by a law enforcement agency who is appropriately trained
496	496	in recording fingerprints;
497	497	(4) evidence of [a] handgun proficiency, in the form
498	498	and manner required by the department for an applicant under this
499	499	section [certificate issued to the applicant as evidence that the
500	500	applicant successfully completed the proficiency requirements of
501	501	this subchapter];
502	502	(5) [(4)] a nonrefundable application and license fee
503	503	set by the department in an amount reasonably designed to cover the
504	504	administrative costs associated with issuance of a license to carry
505	505	a concealed handgun under this subchapter; and
506	506	(6) [(5)] if the applicant is a retired judicial
507	507	officer,[:
508	508	[(A) two complete sets of legible and
509	509	classifiable fingerprints of the applicant taken by a person
510	510	employed by a law enforcement agency who is appropriately trained
511	511	in recording fingerprints; and
512	512	[(B)] a form executed by the applicant that
513	513	authorizes the department to make an inquiry into any noncriminal
514	514	history records that are necessary to determine the applicant's
515	515	eligibility for a license under this subchapter.
516	516	SECTION 14. Section 411.208, Government Code, is amended by
517	517	adding Subsection (e) to read as follows:
518	518	(e) The immunities granted under Subsection (a) to a
519	519	qualified handgun instructor do not apply to a cause of action for
520	520	fraud or a deceptive trade practice.
521	521	SECTION 15. Article 17.292(l), Code of Criminal Procedure,
522	522	is amended to read as follows:
523	523	(l) In the order for emergency protection, the magistrate
524	524	shall [may] suspend a license to carry a concealed handgun issued
525	525	under Subchapter H, Chapter 411 [Section 411.177], Government Code,
526	526	that is held by the defendant.
527	527	SECTION 16. Section 57.481(c), Education Code, is amended
528	528	to read as follows:
529	529	(c) The corporation shall maintain a system of
530	530	communication among the appropriate state agencies and entities to
531	531	reduce loan default claims. To assist the department's
532	532	determination of eligibility for a handgun license under Subchapter
533	533	H, Chapter 411, Government Code, the corporation shall provide to
534	534	the Department of Public Safety updated information regarding
535	535	persons who are determined to be in default on a student loan
536	536	guaranteed by the corporation.
537	537	SECTION 17. Section 57.491, Education Code, is amended by
538	538	adding Subsection (f) to read as follows:
539	539	(f) Notwithstanding Subsections (e) and (g), the Department
540	540	of Public Safety may not issue or renew the handgun license of an
541	541	applicant who is determined to be in default on a student loan
542	542	guaranteed by the corporation unless the applicant presents to the
543	543	department a certificate issued by the corporation certifying that
544	544	the applicant has repaid the student loan in full.
545	545	SECTION 18. Section 85.022(d), Family Code, is amended to
546	546	read as follows:
547	547	(d) In a protective order, the court shall [may] suspend a
548	548	license to carry a concealed handgun issued under Subchapter H,
549	549	Chapter 411 [Section 411.177], Government Code, that is held by a
550	550	person found to have committed family violence.
551	551	SECTION 19. Section 12.095(e), Health and Safety Code, is
552	552	amended to read as follows:
553	553	(e) The panel may require the applicant or license holder to
554	554	undergo a medical or other examination at the applicant's or
555	555	holder's expense. A person who conducts an examination under this
556	556	subsection may be compelled to testify before the panel and in any
557	557	subsequent proceedings under Subchapter H, Chapter 411, Government
558	558	Code, or Subchapter N, Chapter 521, Transportation Code, as
559	559	applicable, concerning the person's observations and findings.
560	560	SECTION 20. Section 12.097(b), Health and Safety Code, is
561	561	amended to read as follows:
562	562	(b) In a subsequent proceeding under Subchapter H, Chapter
563	563	411, Government Code, or Subchapter N, Chapter 521, Transportation
564	564	Code, the medical standards division may provide a copy of the
565	565	report of the medical advisory board or panel and a medical record
566	566	or report relating to an applicant or license holder to:
567	567	(1) the Department of Public Safety of the State of
568	568	Texas;
569	569	(2) the applicant or license holder; and
570	570	(3) the officer who presides at the hearing.
571	571	SECTION 21. Sections 411.175, 411.1882, and 411.189,
572	572	Government Code, are repealed.
573	573	SECTION 22. The changes in law made by Sections 411.1711,
574	574	411.172, and 411.201(c), Government Code, as amended by this Act,
575	575	and by Section 57.491, Education Code, as amended by this Act, apply
576	576	only to the eligibility of a person for the issuance, modification,
577	577	or renewal of a license, the application for which is made on or
578	578	after the effective date of this Act. A holder of a license that was
579	579	issued, modified, or renewed before the effective date of this Act
580	580	is not disqualified from holding that license solely by reason of
581	581	this Act.
582	582	SECTION 23. The changes in law made by Sections 411.174,
583	583	411.176, 411.177, 411.184, 411.185, 411.188, and 411.201(d),
584	584	Government Code, as amended by this Act, and by the repeal of
585	585	Sections 411.175, 411.1882, and 411.189, Government Code, apply
586	586	only to an application for the issuance, modification, or renewal
587	587	of a license that is submitted to the Department of Public Safety on
588	588	or after the effective date of this Act. An application submitted
589	589	before the effective date of this Act is governed by the law in
590	590	effect when the application was submitted, and the former law is
591	591	continued in effect for that purpose.
592	592	SECTION 24. The changes in law made by this Act to Sections
593	593	411.186 and 411.187, Government Code, Article 17.292, Code of
594	594	Criminal Procedure, and Section 85.022, Family Code, apply only to
595	595	an administrative or judicial determination concerning the
596	596	revocation or suspension of a license to carry a concealed handgun
597	597	that is made on or after the effective date of this Act. An
598	598	administrative or judicial determination made before the effective
599	599	date of this Act is covered by the law in effect when the
600	600	determination was made, and the former law is continued in effect
601	601	for that purpose.
602	602	SECTION 25. The change in law made by Section 411.208,
603	603	Government Code, as amended by this Act, applies only to a cause of
604	604	action that accrues on or after the effective date of this Act. A
605	605	cause of action that accrued before the effective date of this Act
606	606	is governed by the law in effect immediately before the effective
607	607	date of this Act, and the former law is continued in effect for that
608	608	purpose.
609	609	SECTION 26. This Act takes effect September 1, 2009.