By: Flynn, et al. (Senate Sponsor - Patrick) H.B. No. 48
(In the Senate - Received from the House May 7, 2013;
May 9, 2013, read first time and referred to Committee on Criminal
Justice; May 17, 2013, reported favorably by the following vote:
Yeas 6, Nays 1; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the procedure under which a person may renew a license
to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.185, Government Code, is amended to
read as follows:
Sec. 411.185. LICENSE RENEWAL PROCEDURE. (a) To renew a
license, a license holder must, on or before the date the license
expires,[:
[(1) complete a continuing education course in handgun
proficiency under Section 411.188(c) within the six-month period
preceding:
[(A) the date of application 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)] submit to the department by mail or, in
accordance with the procedure adopted under Subsection (f), on the
Internet:
(1) a [(A) an application for] renewal application
on a form provided by the department;
(2) [(B) evidence of handgun proficiency, in the form
and manner required by the department;
[(C)] payment of a nonrefundable renewal fee as
set by the department; and
(3) the informational form described by Subsection (c)
signed or electronically acknowledged by the applicant [(D) one or
more photographs of the applicant that meet the requirements of the
department].
(b) The director by rule shall adopt a renewal application
form requiring an update of the information on the original
completed application. The director by rule shall set the renewal
fee in an amount that is sufficient to cover the actual cost to the
department to:
(1) verify the information contained in the renewal
application form;
(2) conduct any necessary investigation concerning
the license holder's continued eligibility to hold [renew] a
license; and
(3) issue the renewed license.
(c) The director by rule shall adopt an informational form
that describes state law regarding the use of deadly force and the
places where it is unlawful for the holder of a license issued under
this subchapter to carry a concealed handgun. An applicant for a
renewed license must sign and return the informational form to the
department by mail or acknowledge the form electronically on the
Internet according to the procedure adopted under Subsection (f).
(d) Not later than the 60th day before the expiration date
of the license, the department shall mail to each license holder a
written notice of the expiration of the license, [and] a renewal
application form, and the informational form described by
Subsection (c).
(e) [(c)] The department shall renew the license of a
license holder who meets all the eligibility requirements to
continue to hold a license 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
renewed license [renewal] or notify the license holder in writing
that the department denied the license holder's renewal application
[was denied].
(f) [(d)] The director by rule shall adopt a procedure by
which a license holder who satisfies the eligibility requirements
to continue to hold a license [criteria] may submit the renewal
materials described by Subsection (a) [renew a license] by mail or
on the Internet. [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.]
SECTION 2. Sections 411.188(d), (g), and (k), Government
Code, are amended to read as follows:
(d) Only a qualified handgun instructor may administer the
proficiency examination to obtain [or to 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 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.
(k) A qualified handgun instructor may submit to the
department a written recommendation for disapproval of the
application for a license[, 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 3. 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 a [or 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 the [an original or renewed] license[,
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 4. Section 411.201(g), Government Code, is amended
to read as follows:
(g) A license issued under this section expires as provided
by Section 411.183 and[, except as otherwise provided by this
subsection,] may be renewed in accordance with Section 411.185 [of
this subchapter. An active judicial officer is not required to
attend the classroom instruction part of the continuing education
proficiency course to renew a license].
SECTION 5. Sections 411.188(c) and (j) and 411.199(e),
Government Code, are repealed.
SECTION 6. The director of the Department of Public Safety
shall adopt the rules required by Section 411.185, Government Code,
as amended by this Act, as soon as practicable after the effective
date of this Act.
SECTION 7. The change in law made by this Act applies to an
application for the renewal of a license to carry a concealed
handgun that is submitted to the Department of Public Safety on or
after the effective date of this Act, regardless of whether the
license was originally issued before, on, or after the effective
date of this Act.
SECTION 8. This Act takes effect September 1, 2013.
* * * * *