Texas 2017 - 85th Regular

Texas House Bill HB2083 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Shaheen H.B. No. 2083
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to expedited processing of certain applications for a
7	7	license to carry a handgun; waiving a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.177, Government Code, is amended by
10	10	amending Subsections (b) and (c) and adding Subsections (b-1) and
11	11	(b-2) to read as follows:
12	12	(b) Except as otherwise provided by Subsection (b-1), the
13	13	[The] department shall, not later than the 60th day after the date
14	14	of the receipt by the director's designee of the completed
15	15	application materials:
16	16	(1) issue the license;
17	17	(2) notify the applicant in writing that the
18	18	application was denied:
19	19	(A) on the grounds that the applicant failed to
20	20	qualify under the criteria listed in Section 411.172;
21	21	(B) based on the affidavit of the director's
22	22	designee submitted to the department under Section 411.176(c); or
23	23	(C) based on the affidavit of the qualified
24	24	handgun instructor submitted to the department under Section
25	25	411.188(k); or
26	26	(3) notify the applicant in writing that the
27	27	department is unable to make a determination regarding the issuance
28	28	or denial of a license to the applicant within the 60-day period
29	29	prescribed by this subsection and include in that notification an
30	30	explanation of the reason for the inability and an estimation of the
31	31	amount of time the department will need to make the determination.
32	32	(b-1) If the applicant submits with the completed
33	33	application materials a copy of an active protective order issued
34	34	under Title 4, Family Code, or Chapter 7A, Code of Criminal
35	35	Procedure, or an active magistrate's emergency order of protection
36	36	under Article 17.292, Code of Criminal Procedure, that indicates
37	37	that the applicant or another person in the applicant's family or
38	38	household is protected by the order, the department shall, without
39	39	charging an additional fee, expedite the application. As soon as
40	40	practicable after the receipt of the materials under this
41	41	subsection, the department shall:
42	42	(1) issue the license;
43	43	(2) notify the applicant in writing that the
44	44	application was denied:
45	45	(A) on the grounds that the applicant failed to
46	46	qualify under the criteria listed in Section 411.172;
47	47	(B) based on the affidavit of the director's
48	48	designee submitted to the department under Section 411.176(c); or
49	49	(C) based on the affidavit of the qualified
50	50	handgun instructor submitted to the department under Section
51	51	411.188(k); or
52	52	(3) notify the applicant in writing that the
53	53	department is unable to make a determination regarding the issuance
54	54	or denial of a license to the applicant within the period of three
55	55	business days as prescribed by this subsection and include in that
56	56	notification an explanation of the reason for the inability and an
57	57	estimation of the amount of time the department will need to make
58	58	the determination.
59	59	(b-2) The director shall adopt policies for expedited
60	60	processing under Subsection (b-1).
61	61	(c) Failure of the department to issue or deny a license for
62	62	a period of more than 30 days after the department is required to
63	63	act under Subsection (b) or (b-1) constitutes denial.
64	64	SECTION 2. Subchapter H, Chapter 411, Government Code, is
65	65	amended by adding Section 411.1954 to read as follows:
66	66	Sec. 411.1954. WAIVING OF FEES FOR CERTAIN APPLICANTS WITH
67	67	PROTECTIVE ORDER. Notwithstanding any other provision of this
68	68	subchapter, the fee for the issuance of an original, duplicate,
69	69	modified, or renewed license under this subchapter if the applicant
70	70	submits to the department a copy of an active protective order
71	71	issued under Title 4, Family Code, or Chapter 7A, Code of Criminal
72	72	Procedure, or an active magistrate's emergency order of protection
73	73	under Article 17.292, Code of Criminal Procedure, that indicates
74	74	that the applicant or another person in the applicant's family or
75	75	household is protected by the order, shall be waived.
76	76	SECTION 3. Section 411.177, Government Code, as amended by
77	77	this Act, applies only to an application for a license to carry a
78	78	handgun for which the completed application materials are received
79	79	by the Department of Public Safety of the State of Texas on or after
80	80	the effective date of this Act.
81	81	An application for a license to
82	82	carry a handgun for which the completed application materials were
83	83	received before the effective date of this Act is governed by the
84	84	law in effect on the date the materials were received, and the
85	85	former law is continued in effect for that purpose.
86	86	SECTION 4. Section 411.1954, Government Code, as added by
87	87	this Act, applies only to an application for an original,
88	88	duplicate, modified, or renewed license to carry a handgun
89	89	submitted on or after the effective date of this Act. An
90	90	application submitted before the effective date of this Act is
91	91	governed by the law in effect on the date the application was
92	92	submitted, and the former law is continued in effect for that
93	93	purpose.
94	94	SECTION 5. This Act takes effect September 1, 2017.