Texas 2013 - 83rd Regular

Texas House Bill HB48 Compare Versions

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1	1	By: Flynn, et al. (Senate Sponsor - Patrick) H.B. No. 48
2	2	(In the Senate - Received from the House May 7, 2013;
3	3	May 9, 2013, read first time and referred to Committee on Criminal
4	4	Justice; May 17, 2013, reported favorably by the following vote:
5	5	Yeas 6, Nays 1; May 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the procedure under which a person may renew a license
11	11	to carry a concealed handgun.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 411.185, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 411.185. LICENSE RENEWAL PROCEDURE. (a) To renew a
16	16	license, a license holder must, on or before the date the license
17	17	expires,[:
18	18	[(1) complete a continuing education course in handgun
19	19	proficiency under Section 411.188(c) within the six-month period
20	20	preceding:
21	21	[(A) the date of application for renewal, for a
22	22	first or second renewal; and
23	23	[(B) the date of application for renewal or the
24	24	date of application for the preceding renewal, for a third or
25	25	subsequent renewal, to ensure that the license holder is not
26	26	required to complete the course more than once in any 10-year
27	27	period; and
28	28	[(2)] submit to the department by mail or, in
29	29	accordance with the procedure adopted under Subsection (f), on the
30	30	Internet:
31	31	(1) a [(A) an application for] renewal application
32	32	on a form provided by the department;
33	33	(2) [(B) evidence of handgun proficiency, in the form
34	34	and manner required by the department;
35	35	[(C)] payment of a nonrefundable renewal fee as
36	36	set by the department; and
37	37	(3) the informational form described by Subsection (c)
38	38	signed or electronically acknowledged by the applicant [(D) one or
39	39	more photographs of the applicant that meet the requirements of the
40	40	department].
41	41	(b) The director by rule shall adopt a renewal application
42	42	form requiring an update of the information on the original
43	43	completed application. The director by rule shall set the renewal
44	44	fee in an amount that is sufficient to cover the actual cost to the
45	45	department to:
46	46	(1) verify the information contained in the renewal
47	47	application form;
48	48	(2) conduct any necessary investigation concerning
49	49	the license holder's continued eligibility to hold [renew] a
50	50	license; and
51	51	(3) issue the renewed license.
52	52	(c) The director by rule shall adopt an informational form
53	53	that describes state law regarding the use of deadly force and the
54	54	places where it is unlawful for the holder of a license issued under
55	55	this subchapter to carry a concealed handgun. An applicant for a
56	56	renewed license must sign and return the informational form to the
57	57	department by mail or acknowledge the form electronically on the
58	58	Internet according to the procedure adopted under Subsection (f).
59	59	(d) Not later than the 60th day before the expiration date
60	60	of the license, the department shall mail to each license holder a
61	61	written notice of the expiration of the license, [and] a renewal
62	62	application form, and the informational form described by
63	63	Subsection (c).
64	64	(e) [(c)] The department shall renew the license of a
65	65	license holder who meets all the eligibility requirements to
66	66	continue to hold a license and submits all the renewal materials
67	67	described by Subsection (a). Not later than the 45th day after
68	68	receipt of the renewal materials, the department shall issue the
69	69	renewed license [renewal] or notify the license holder in writing
70	70	that the department denied the license holder's renewal application
71	71	[was denied].
72	72	(f) [(d)] The director by rule shall adopt a procedure by
73	73	which a license holder who satisfies the eligibility requirements
74	74	to continue to hold a license [criteria] may submit the renewal
75	75	materials described by Subsection (a) [renew a license] by mail or
76	76	on the Internet. [The materials for renewal by mail must include a
77	77	form to be signed and returned to the department by the applicant
78	78	that describes state law regarding:
79	79	[(1) the use of deadly force; and
80	80	[(2) the places where it is unlawful for the holder of
81	81	a license issued under this subchapter to carry a concealed
82	82	handgun.]
83	83	SECTION 2. Sections 411.188(d), (g), and (k), Government
84	84	Code, are amended to read as follows:
85	85	(d) Only a qualified handgun instructor may administer the
86	86	proficiency examination to obtain [or to renew] a license. The
87	87	proficiency examination must include:
88	88	(1) a written section on the subjects listed in
89	89	Subsection (b); and
90	90	(2) a physical demonstration of proficiency in the use
91	91	of one or more handguns of specific categories and in handgun safety
92	92	procedures.
93	93	(g) A person who wishes to obtain [or renew] a license to
94	94	carry a concealed handgun must apply in person to a qualified
95	95	handgun instructor to take the appropriate course in handgun
96	96	proficiency and demonstrate handgun proficiency as required by the
97	97	department.
98	98	(k) A qualified handgun instructor may submit to the
99	99	department a written recommendation for disapproval of the
100	100	application for a license[, renewal,] or modification of a license,
101	101	accompanied by an affidavit stating personal knowledge or naming
102	102	persons with personal knowledge of facts that lead the instructor
103	103	to believe that an applicant does not possess the required handgun
104	104	proficiency. The department may use a written recommendation
105	105	submitted under this subsection as the basis for denial of a license
106	106	only if the department determines that the recommendation is made
107	107	in good faith and is supported by a preponderance of the evidence.
108	108	The department shall make a determination under this subsection not
109	109	later than the 45th day after the date the department receives the
110	110	written recommendation. The 60-day period in which the department
111	111	must take action under Section 411.177(b) is extended one day for
112	112	each day a determination is pending under this subsection.
113	113	SECTION 3. Section 411.1881(a), Government Code, is amended
114	114	to read as follows:
115	115	(a) Notwithstanding any other provision of this subchapter,
116	116	a person may not be required to complete the range instruction
117	117	portion of a handgun proficiency course to obtain a [or renew a
118	118	concealed handgun] license issued under this subchapter if the
119	119	person:
120	120	(1) is currently serving in or is honorably discharged
121	121	from:
122	122	(A) the army, navy, air force, coast guard, or
123	123	marine corps of the United States or an auxiliary service or reserve
124	124	unit of one of those branches of the armed forces; or
125	125	(B) the state military forces, as defined by
126	126	Section 431.001; and
127	127	(2) has, within the five years preceding the date of
128	128	the person's application for the [an original or renewed] license[,
129	129	as applicable], completed a course of training in handgun
130	130	proficiency or familiarization as part of the person's service with
131	131	the armed forces or state military forces.
132	132	SECTION 4. Section 411.201(g), Government Code, is amended
133	133	to read as follows:
134	134	(g) A license issued under this section expires as provided
135	135	by Section 411.183 and[, except as otherwise provided by this
136	136	subsection,] may be renewed in accordance with Section 411.185 [of
137	137	this subchapter. An active judicial officer is not required to
138	138	attend the classroom instruction part of the continuing education
139	139	proficiency course to renew a license].
140	140	SECTION 5. Sections 411.188(c) and (j) and 411.199(e),
141	141	Government Code, are repealed.
142	142	SECTION 6. The director of the Department of Public Safety
143	143	shall adopt the rules required by Section 411.185, Government Code,
144	144	as amended by this Act, as soon as practicable after the effective
145	145	date of this Act.
146	146	SECTION 7. The change in law made by this Act applies to an
147	147	application for the renewal of a license to carry a concealed
148	148	handgun that is submitted to the Department of Public Safety on or
149	149	after the effective date of this Act, regardless of whether the
150	150	license was originally issued before, on, or after the effective
151	151	date of this Act.
152	152	SECTION 8. This Act takes effect September 1, 2013.
153	153	* * * * *