| 1 | 1 | | By: S. Davis of Harris, et al. H.B. No. 485 |
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| 2 | 2 | | (Senate Sponsor - Whitmire) |
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| 3 | 3 | | (In the Senate - Received from the House May 7, 2013; |
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| 4 | 4 | | May 9, 2013, read first time and referred to Committee on Criminal |
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| 5 | 5 | | Justice; May 14, 2013, reported favorably by the following vote: |
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| 6 | 6 | | Yeas 5, Nays 0; May 14, 2013, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the amount of the fees paid by certain peace officers, |
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| 12 | 12 | | correctional officers, members of the state military forces, and |
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| 13 | 13 | | veterans of the armed forces for a license to carry a concealed |
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| 14 | 14 | | handgun and to the issuance of such a license to certain peace |
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| 15 | 15 | | officers and members of the state military forces; authorizing a |
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| 16 | 16 | | fee. |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 18 | 18 | | SECTION 1. Section 411.1951(c), Government Code, is amended |
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| 19 | 19 | | to read as follows: |
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| 20 | 20 | | (c) Notwithstanding any other provision of this subchapter, |
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| 21 | 21 | | if the applicant [the department shall reduce by 50 percent any fee |
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| 22 | 22 | | required for the issuance of an original, duplicate, modified, or |
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| 23 | 23 | | renewed license under this subchapter if the applicant for the |
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| 24 | 24 | | license] is a veteran who, more than 365 days preceding the date of |
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| 25 | 25 | | the application, was honorably discharged from the branch of the |
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| 26 | 26 | | service in which the applicant [person] served: |
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| 27 | 27 | | (1) the applicant must pay a fee of $25 for the |
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| 28 | 28 | | issuance of an original or renewed license under this subchapter; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) the department shall reduce by 50 percent any fee |
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| 31 | 31 | | required of the applicant for a duplicate or modified license under |
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| 32 | 32 | | this subchapter. |
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| 33 | 33 | | SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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| 34 | 34 | | amended by adding Section 411.1952 to read as follows: |
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| 35 | 35 | | Sec. 411.1952. REDUCTION OF FEES FOR EMPLOYEES OF TEXAS |
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| 36 | 36 | | DEPARTMENT OF CRIMINAL JUSTICE. Notwithstanding any other |
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| 37 | 37 | | provision of this subchapter, an applicant who is a correctional |
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| 38 | 38 | | officer of the Texas Department of Criminal Justice shall pay a fee |
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| 39 | 39 | | of $25 for the issuance of an original or renewed license under this |
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| 40 | 40 | | subchapter. |
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| 41 | 41 | | SECTION 3. The heading to Section 411.1991, Government |
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| 42 | 42 | | Code, is amended to read as follows: |
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| 43 | 43 | | Sec. 411.1991. [ACTIVE] PEACE OFFICERS. |
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| 44 | 44 | | SECTION 4. Section 411.1991(a), Government Code, is amended |
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| 45 | 45 | | to read as follows: |
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| 46 | 46 | | (a) A person who is licensed as a peace officer under |
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| 47 | 47 | | Chapter 1701, Occupations Code, and is employed [full-time] as a |
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| 48 | 48 | | peace officer by a law enforcement agency, or a member of the Texas |
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| 49 | 49 | | military forces, excluding Texas State Guard members who are |
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| 50 | 50 | | serving in the Texas Legislature may apply for a license under this |
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| 51 | 51 | | subchapter. The person shall submit to the department two complete |
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| 52 | 52 | | sets of legible and classifiable fingerprints and a sworn statement |
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| 53 | 53 | | of the head of the law enforcement agency employing the |
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| 54 | 54 | | applicant. A head of a law enforcement agency may not refuse to |
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| 55 | 55 | | issue a statement under this subsection. If the applicant alleges |
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| 56 | 56 | | that the statement is untrue, the department shall investigate the |
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| 57 | 57 | | validity of the statement. The statement must include: |
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| 58 | 58 | | (1) the name and rank of the applicant; |
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| 59 | 59 | | (2) whether the applicant has been accused of |
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| 60 | 60 | | misconduct at any time during the applicant's period of employment |
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| 61 | 61 | | with the agency and the disposition of that accusation; |
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| 62 | 62 | | (3) a description of the physical and mental condition |
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| 63 | 63 | | of the applicant; |
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| 64 | 64 | | (4) a list of the types of weapons the applicant has |
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| 65 | 65 | | demonstrated proficiency with during the preceding year; and |
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| 66 | 66 | | (5) a recommendation from the agency head that a |
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| 67 | 67 | | license be issued to the person under this subchapter. |
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| 68 | 68 | | SECTION 5. The change in law made by this Act applies only |
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| 69 | 69 | | to an applicant for an original, renewed, duplicate, or modified |
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| 70 | 70 | | license under Chapter 411, Government Code, as amended by this Act, |
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| 71 | 71 | | who submits the application on or after the effective date of this |
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| 72 | 72 | | Act. |
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| 73 | 73 | | SECTION 6. This Act takes effect September 1, 2013. |
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| 74 | 74 | | * * * * * |
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