Texas 2011 - 82nd Regular

Texas House Bill HB2613 Compare Versions

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Old	New	Differences
1	1	82R23828 JSC-D
2	2	By: Flynn H.B. No. 2613
3	3	Substitute the following for H.B. No. 2613:
4	4	By: Pena C.S.H.B. No. 2613
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedure under which a person may renew a license
10	10	to carry a concealed handgun.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.185, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 411.185. ELIGIBILITY REQUIREMENTS TO RENEW A LICENSE;
15	15	RENEWAL. (a) To renew a license, a license holder must, on or
16	16	before the date the license expires,[:
17	17	[(1) complete a continuing education course in handgun
18	18	proficiency under Section 411.188(c) within the six-month period
19	19	preceding:
20	20	[(A) the date of application for renewal, for a
21	21	first or second renewal; and
22	22	[(B) the date of application for renewal or the
23	23	date of application for the preceding renewal, for a third or
24	24	subsequent renewal, to ensure that the license holder is not
25	25	required to complete the course more than once in any 10-year
26	26	period; and
27	27	[(2)] submit to the department:
28	28	(1) a renewal [(A) an] application [for renewal on a]
29	29	form provided by the department by mail or, in accordance with the
30	30	procedure adopted under Subsection (d), on the Internet; and
31	31	(2) [(B) evidence of handgun proficiency, in the form
32	32	and manner required by the department;
33	33	[(C)] payment of a nonrefundable renewal fee as
34	34	set by the director [department; and
35	35	[(D) one or more photographs of the applicant
36	36	that meet the requirements of the department].
37	37	(b) The director by rule shall adopt a renewal application
38	38	form requiring an update of the information on the original
39	39	completed application. The director by rule shall set the renewal
40	40	fee in an amount that is sufficient to cover the actual cost to the
41	41	department to verify the information contained in the renewal
42	42	application form, conduct any necessary investigation concerning
43	43	the license holder's continued eligibility to hold [renew] a
44	44	license, and issue the renewed license. Not later than the 60th day
45	45	before the expiration date of the license, the department shall
46	46	mail to each license holder a written notice of the expiration of
47	47	the license, the eligibility requirements to renew a license, and a
48	48	renewal application form.
49	49	(c) The department shall allow [renew the license of] a
50	50	license holder to renew the person's license if the license holder
51	51	[who] meets all the eligibility requirements and submits the
52	52	renewal application form and fee described by Subsection (a) [all
53	53	the renewal materials]. Not later than the 45th day after receipt
54	54	of the renewal application form and fee [materials], the department
55	55	shall issue the renewed license [renewal] or notify the license
56	56	holder in writing that the department denied the license holder's
57	57	[that the] renewal application [was denied].
58	58	(d) The director by rule shall adopt a procedure by which a
59	59	license holder who satisfies the eligibility requirements to renew
60	60	a license [criteria] may submit the renewal application materials
61	61	[renew a license] by mail or on the Internet. Under the procedure,
62	62	the [The] materials [for renewal by mail] must include a form [to be
63	63	signed and returned to the department by the applicant] that
64	64	describes state law regarding[:
65	65	[(1)] the use of deadly force[;] and
66	66	[(2)] the places where it is unlawful for the holder of
67	67	a license issued under this subchapter to carry a concealed
68	68	handgun. The license holder must sign and return the form to the
69	69	department by mail or acknowledge the form electronically on the
70	70	Internet.
71	71	(e) A person who has submitted a renewal application under
72	72	this section may continue to carry the concealed handgun the person
73	73	was licensed to carry under the person's expired license until the
74	74	renewed license is received if:
75	75	(1) at any time the person is carrying the concealed
76	76	handgun, the person also carries:
77	77	(A) the person's expired license; and
78	78	(B) documentation that the person has submitted
79	79	the renewal application; and
80	80	(2) the person has not been notified by the department
81	81	that the person's renewal application has been denied.
82	82	SECTION 2. Sections 411.188(d), (g), and (k), Government
83	83	Code, are amended to read as follows:
84	84	(d) Only a qualified handgun instructor may administer the
85	85	proficiency examination to obtain [or to renew] a license. The
86	86	proficiency examination must include:
87	87	(1) a written section on the subjects listed in
88	88	Subsection (b); and
89	89	(2) a physical demonstration of proficiency in the use
90	90	of one or more handguns of specific categories and in handgun safety
91	91	procedures.
92	92	(g) A person who wishes to obtain [or renew] a license to
93	93	carry a concealed handgun must apply in person to a qualified
94	94	handgun instructor to take the appropriate course in handgun
95	95	proficiency and demonstrate handgun proficiency as required by the
96	96	department.
97	97	(k) A qualified handgun instructor may submit to the
98	98	department a written recommendation for disapproval of the
99	99	application for a license[, renewal,] or modification of a license,
100	100	accompanied by an affidavit stating personal knowledge or naming
101	101	persons with personal knowledge of facts that lead the instructor
102	102	to believe that an applicant does not possess the required handgun
103	103	proficiency. The department may use a written recommendation
104	104	submitted under this subsection as the basis for denial of a license
105	105	only if the department determines that the recommendation is made
106	106	in good faith and is supported by a preponderance of the evidence.
107	107	The department shall make a determination under this subsection not
108	108	later than the 45th day after the date the department receives the
109	109	written recommendation. The 60-day period in which the department
110	110	must take action under Section 411.177(b) is extended one day for
111	111	each day a determination is pending under this subsection.
112	112	SECTION 3. Section 411.1881(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) Notwithstanding any other provision of this subchapter,
115	115	a person may not be required to complete the range instruction
116	116	portion of a handgun proficiency course to obtain an original [or
117	117	renew a concealed handgun] license issued under this subchapter if
118	118	the person:
119	119	(1) is currently serving in or is honorably discharged
120	120	from:
121	121	(A) the army, navy, air force, coast guard, or
122	122	marine corps of the United States or an auxiliary service or reserve
123	123	unit of one of those branches of the armed forces; or
124	124	(B) the state military forces, as defined by
125	125	Section 431.001; and
126	126	(2) has, within the five years preceding the date of
127	127	the person's application for the [an original or renewed] license[,
128	128	as applicable], completed a course of training in handgun
129	129	proficiency or familiarization as part of the person's service with
130	130	the armed forces or state military forces.
131	131	SECTION 4. Section 411.201(g), Government Code, is amended
132	132	to read as follows:
133	133	(g) A license issued under this section expires as provided
134	134	by Section 411.183 and, except as otherwise provided by this
135	135	subsection, may be renewed in accordance with Section 411.185 [of
136	136	this subchapter]. [An active judicial officer is not required to
137	137	attend the classroom instruction part of the continuing education
138	138	proficiency course to renew a license.]
139	139	SECTION 5. Sections 411.188(c) and (j) and 411.199(e),
140	140	Government Code, are repealed.
141	141	SECTION 6. The change in law made by this Act applies to any
142	142	renewal by the Department of Public Safety of a license to carry a
143	143	concealed handgun that occurs on or after the effective date of this
144	144	Act, regardless of whether the license was originally issued
145	145	before, on, or after the effective date of this Act.
146	146	SECTION 7. This Act takes effect September 1, 2011.