83R10711 ADM-D
By: Davis of Dallas H.B. No. 3288
A BILL TO BE ENTITLED
AN ACT
relating to drug testing of a person seeking to obtain or renew a
concealed handgun license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.172(a), Government Code, is 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) 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;
(13) 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]
(14) has not made any material misrepresentation, or
failed to disclose any material fact, in an application submitted
pursuant to Section 411.174; and
(15) is not ineligible for the license based on a drug
test under Section 411.1721.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1721 to read as follows:
Sec. 411.1721. DRUG TESTING AND ELIGIBILITY. (a) In this
section, "controlled substance" has the meaning assigned by Chapter
481, Health and Safety Code.
(b) In addition to complying with the requirements of
Section 411.174 or 411.185, an applicant for the issuance or
renewal of a license to carry a concealed handgun must submit to a
drug test at the applicant's expense to establish the applicant's
eligibility for the license. The applicant must have the drug test
results submitted directly to the department.
(c) A person whose drug test conducted under this section
indicates the presence in the person's body of a controlled
substance not prescribed for the person by a health care
practitioner is ineligible for a license to carry a concealed
handgun until the first anniversary of the date the results of the
person's drug test were submitted to the department under this
section. A person who is determined to be ineligible under this
section may not apply for the issuance of a new license to carry a
concealed handgun until the person completes an educational
program, approved by the department, that is designed to educate a
person on the dangers of drug abuse.
(d) Before revoking or denying a license to carry a
concealed handgun under this section, the department must:
(1) notify the person of the results of the drug test
and the department's proposed determination of ineligibility;
(2) confirm the results of the drug test through a
second drug test or other appropriate method; and
(3) provide the person with an opportunity for a
public hearing concerning the results of the drug test.
SECTION 3. The change in law made by this Act applies only
to an application to obtain or renew a license to carry a concealed
handgun submitted 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 4. This Act takes effect September 1, 2013.