| 1 | 1 | | 84R9073 ADM-F |
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| 2 | 2 | | By: Hinojosa S.B. No. 1352 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a concealed handgun license application that is |
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| 8 | 8 | | submitted by a peace officer or a member of the state military |
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| 9 | 9 | | forces. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 411.1991, Government Code, is amended by |
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| 12 | 12 | | amending Subsections (a) and (b) and adding Subsections (a-1) and |
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| 13 | 13 | | (a-2) to read as follows: |
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| 14 | 14 | | (a) A person who is licensed as a peace officer under |
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| 15 | 15 | | Chapter 1701, Occupations Code, and [is] employed as a peace |
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| 16 | 16 | | officer by a law enforcement agency, or who is a member of the Texas |
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| 17 | 17 | | military forces, excluding Texas State Guard members who are |
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| 18 | 18 | | serving in the Texas Legislature, may apply for a license under this |
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| 19 | 19 | | subchapter. |
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| 20 | 20 | | (a-1) An applicant who is a peace officer [The person] shall |
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| 21 | 21 | | submit to the department [two complete sets of legible and |
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| 22 | 22 | | classifiable fingerprints and a sworn statement of the head of the |
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| 23 | 23 | | law enforcement agency employing the applicant. A head of a law |
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| 24 | 24 | | enforcement agency may not refuse to issue a statement under this |
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| 25 | 25 | | subsection. If the applicant alleges that the statement is untrue, |
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| 26 | 26 | | the department shall investigate the validity of the statement. The |
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| 27 | 27 | | statement must include]: |
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| 28 | 28 | | (1) the name and rank of the applicant; and |
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| 29 | 29 | | (2) a current copy of the applicant's peace officer |
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| 30 | 30 | | license and evidence of employment as a peace officer [whether the |
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| 31 | 31 | | applicant has been accused of misconduct at any time during the |
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| 32 | 32 | | applicant's period of employment with the agency and the |
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| 33 | 33 | | disposition of that accusation; |
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| 34 | 34 | | [(3) a description of the physical and mental |
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| 35 | 35 | | condition of the applicant; |
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| 36 | 36 | | [(4) a list of the types of weapons the applicant has |
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| 37 | 37 | | demonstrated proficiency with during the preceding year; and |
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| 38 | 38 | | [(5) a recommendation from the agency head that a |
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| 39 | 39 | | license be issued to the person under this subchapter]. |
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| 40 | 40 | | (a-2) The department shall adopt rules regarding the |
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| 41 | 41 | | information required to be included in an application submitted by |
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| 42 | 42 | | a member of the Texas military forces under this section. |
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| 43 | 43 | | (b) The department may issue a license under this subchapter |
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| 44 | 44 | | to an applicant under this section if the [statement from the head |
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| 45 | 45 | | of the law enforcement agency employing the] applicant complies |
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| 46 | 46 | | with Subsection (a-1) or rules adopted under Subsection (a-2), as |
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| 47 | 47 | | applicable [(a) and indicates that the applicant is qualified and |
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| 48 | 48 | | physically and mentally fit to carry a handgun]. |
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| 49 | 49 | | SECTION 2. The change in law made by this Act applies only |
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| 50 | 50 | | to an application for a license to carry a concealed handgun that is |
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| 51 | 51 | | submitted to the Department of Public Safety on or after the |
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| 52 | 52 | | effective date of this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2015. |
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