82R7626 JSC-D
By: Flynn H.B. No. 2613
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a procedure under which a person
may maintain a license to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.173(a), Government Code, is amended
to read as follows:
(a) The department by rule shall establish a procedure for a
person who meets the eligibility requirements of this subchapter
other than the residency requirement established by Section
411.172(a)(1) to obtain a license under this subchapter if the
person is a legal resident of another state or if the person
relocates to this state with the intent to establish residency in
this state. The procedure must include payment of a fee in an amount
sufficient to recover the average cost to the department of
obtaining a criminal history record check and investigation on a
nonresident applicant. A license issued in accordance with the
procedure established under this subsection is subject to the
continuing eligibility requirements described by[:
[(1) remains in effect until the license expires under
Section 411.183; and
[(2) may be renewed under] Section 411.185.
SECTION 2. Section 411.174(a), Government Code, is amended
to read as follows:
(a) An applicant for a license to carry a concealed handgun
must submit to the director's designee described by Section
411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) one or more photographs of the applicant that meet
the requirements of the department;
(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 in an
amount set by the director, not to exceed $280 and [of $140] paid to
the department;
(7) evidence of handgun proficiency, in the form and
manner required by the department;
(8) an affidavit signed by the applicant stating that
the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; and
(9) a form executed by the applicant that authorizes
the director to make an inquiry into any noncriminal history
records that are necessary to determine the applicant's eligibility
for a license under Section 411.172(a).
SECTION 3. Section 411.185, Government Code, is amended to
read as follows:
Sec. 411.185. CONTINUING ELIGIBILITY REQUIREMENTS TO
MAINTAIN LICENSE [RENEWAL]. (a) To maintain [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 the continuing eligibility [of]
application form is due under Subdivision (2), except that a person
who has held a license for more than 10 years [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; and
(2) on or before each fifth anniversary of the date the
license is issued, submit to the department:
(A) a continuing eligibility [an] application
[for renewal on a] form provided by the department that includes[;
[(B)] evidence of handgun proficiency[,] in the
form and manner required by the department;
(B) [(C)] payment of a nonrefundable [renewal]
fee to maintain a license as set by the director [department]; and
(C) [(D)] one or more photographs of the
applicant that meet the requirements of the department.
(b) The director by rule shall adopt a continuing
eligibility [renewal] application form requiring an update of the
information on the original completed application. The director by
rule shall set the [renewal] fee to maintain a license in an amount
that is sufficient to cover the actual cost to the department to
verify the information contained in the continuing eligibility
application form and to conduct any necessary investigation
concerning the license holder's continued eligibility to hold
[renew] a license. Not later than the 60th day before the date on
which a continuing eligibility application form is due under
Subsection (a)(2) [expiration date of the license], the department
shall mail to each license holder a written notice of the
eligibility requirements to maintain a [expiration of the] license
and a continuing eligibility application [renewal] form.
(c) The department shall allow [renew the license of] a
license holder to maintain the person's license if the license
holder [who] meets all the eligibility requirements and submits all
the [renewal] materials described by Subsection (a). Not later
than the 45th day after receipt of the [renewal] materials, the
department shall [issue the renewal or] notify the license holder
in writing whether the department accepted or denied the license
holder's continuing eligibility [that the renewal] application
[was denied].
(d) The director by rule shall adopt a procedure by which a
license holder who satisfies the eligibility requirements to
maintain a license [criteria] may submit the application materials
[renew a license] by mail or on the Internet. Under the procedure,
the [The] materials [for renewal by mail] must include a form [to be
signed and returned to the department by the applicant] that
describes state law regarding[:
[(1)] the use of deadly force[;] and
[(2)] the places where it is unlawful for the holder of
a license issued under this subchapter to carry a concealed
handgun. The license holder must sign and return the form to the
department by mail or acknowledge the form electronically on the
Internet.
SECTION 4. Section 411.186(d), Government Code, is amended
to read as follows:
(d) A license holder whose license is revoked under
Subsection (a)(6) may reapply for a [an original or renewed]
license at any time, provided the application fee and a dishonored
payment charge of $25 is paid by cashier's check or money order made
payable to the "Texas Department of Public Safety."
SECTION 5. Sections 411.187(a) and (c), Government Code,
are amended to read as follows:
(a) The department shall suspend a license 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 notify the department of a change of
address, name, or status as required by Section 411.181;
(3) carries a concealed handgun under the authority of
this subchapter of a different category than the license holder is
licensed to carry;
(4) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(5) fails to submit a continuing eligibility
application form by the 30th day after the date the application is
due under Section 411.185(a)(2);
(6) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(7) [(6)] 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 license under this
section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), (3), or (4),
except as provided by Subdivision (2);
(2) 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) has been previously suspended for the same
reason;
(3) until dismissal of the charges, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(1); [or]
(4) until the person submits a continuing eligibility
application form and meets all the eligibility requirements to
maintain a license, if the person's license is subject to
suspension for the reason listed in Subsection (a)(5); 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) [(a)(5)]; 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) [(a)(6)].
SECTION 6. Sections 411.188(c), (d), (g), (j), and (k),
Government Code, are amended to read as follows:
(c) The department by rule shall develop a continuing
education course in handgun proficiency for a license holder to
establish evidence of handgun proficiency for purposes of a
continuing eligibility application under Section 411.185 [who
wishes to renew a license]. Only a qualified handgun instructor may
administer the continuing education course. The course must
include:
(1) at least four hours of instruction on one or more
of the subjects listed in Subsection (b); and
(2) other information the director determines is
appropriate.
(d) Only a qualified handgun instructor may administer the
proficiency examination to obtain or to maintain [renew] a license.
The proficiency examination must include:
(1) a written section on the subjects listed in
Subsection (b); and
(2) a physical demonstration of proficiency in the use
of one or more handguns of specific categories and in handgun safety
procedures.
(g) A person who wishes to obtain or maintain [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.
(j) The department may offer online, or allow a qualified
handgun instructor to offer online, the continuing education
instruction course and written section of the proficiency
examination required to establish evidence of handgun proficiency
for purposes of a continuing eligibility application under Section
411.185 [renew a license].
(k) A qualified handgun instructor may submit to the
department a written recommendation for disapproval of the
application for a license, continuing eligibility application
[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 7. Section 411.1881(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
a person may not be required to complete the range instruction
portion of a handgun proficiency course to obtain or maintain
[renew] a concealed handgun license issued under this subchapter if
the person:
(1) is currently serving in or is honorably discharged
from:
(A) the army, navy, air force, coast guard, or
marine corps of the United States or an auxiliary service or reserve
unit of one of those branches of the armed forces; or
(B) the state military forces, as defined by
Section 431.001; and
(2) has, within the five years preceding the date of
the person's application for an original [or renewed] license or
continuing eligibility application, as applicable, completed a
course of training in handgun proficiency or familiarization as
part of the person's service with the armed forces or state military
forces.
SECTION 8. Section 411.1882(c), Government Code, is amended
to read as follows:
(c) A license issued under this section becomes subject to
the continuing eligibility requirements described by Section
411.185 [automatically expires] on the six-month anniversary of the
date the person's status under Subsection (a) becomes inapplicable.
[A license that expires under this subsection may be renewed under
Section 411.185.]
SECTION 9. Section 411.194(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the department shall reduce by 50 percent any fee required for the
issuance of an original, duplicate, or modified[, or renewed]
license or to maintain a license under this subchapter if the
department determines that the applicant is indigent.
SECTION 10. Section 411.195, Government Code, is amended to
read as follows:
Sec. 411.195. REDUCTION OF FEES FOR SENIOR CITIZENS.
Notwithstanding any other provision of this subchapter, the
department shall reduce by 50 percent any fee required for the
issuance of an original, duplicate, or modified[, or renewed]
license or to maintain a license under this subchapter if the
applicant for the license is 60 years of age or older.
SECTION 11. Sections 411.1951(b) and (c), Government Code,
are amended to read as follows:
(b) Notwithstanding any other provision of this subchapter,
the department shall waive any fee required for the issuance of an
original, duplicate, or modified[, or renewed] license or to
maintain a license under this subchapter if the applicant for the
license is:
(1) a member of the United States armed forces,
including a member of the reserves, national guard, or state guard;
or
(2) a veteran who, within 365 days preceding the date
of the application, was honorably discharged from the branch of
service in which the person served.
(c) Notwithstanding any other provision of this subchapter,
the department shall reduce by 50 percent any fee required for the
issuance of an original, duplicate, or modified[, or renewed]
license or to maintain a license under this subchapter if the
applicant for the license is a veteran who, more than 365 days
preceding the date of the application, was honorably discharged
from the branch of the service in which the person served.
SECTION 12. Section 411.199(e), Government Code, is amended
to read as follows:
(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. 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
to establish evidence of handgun proficiency for purposes of a
continuing eligibility application under Section 411.185
[renewal].
SECTION 13. Section 401.201(g), Government Code, is amended
to read as follows:
(g) A license issued under this section is subject to the
continuing eligibility requirements described by [expires as
provided by Section 411.183 and, except as otherwise provided by
this subsection, may be renewed in accordance with] Section
411.185, except as otherwise provided by this subsection [of this
subchapter]. An active judicial officer is not required to attend
the classroom instruction part of the continuing education
proficiency course to maintain [renew] a license.
SECTION 14. Sections 411.181(h), 411.183, 411.199(f), and
411.1991(d), Government Code, are repealed.
SECTION 15. The change in law made by this Act applies only
to a license to carry a concealed handgun that is issued on or after
the effective date of this Act. A license to carry a concealed
handgun issued before the effective date of this Act is covered by
the law as it existed immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 16. (a) Notwithstanding the change in law made by
this Act, a person who holds an unexpired license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
on the effective date of this Act may apply for renewal of that
license in the manner provided by Subchapter H, Chapter 411,
Government Code, as it existed immediately before the effective
date of this Act.
(b) On receipt of an application for renewal submitted on or
after the effective date of this Act by a person described by
Subsection (a) of this section, the Department of Public Safety
shall issue the person a concealed handgun license that may be
maintained under the provisions of Subchapter H, Chapter 411,
Government Code, as amended by this Act.
SECTION 17. This Act takes effect September 1, 2011.