By: Shaheen H.B. No. 2083
A BILL TO BE ENTITLED
AN ACT
relating to expedited processing of certain applications for a
license to carry a handgun; waiving a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.177, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1) and
(b-2) to read as follows:
(b) Except as otherwise provided by Subsection (b-1), the
[The] department shall, not later than the 60th day after the date
of the receipt by the director's designee of the completed
application materials:
(1) issue the license;
(2) notify the applicant in writing that the
application was denied:
(A) on the grounds that the applicant failed to
qualify under the criteria listed in Section 411.172;
(B) based on the affidavit of the director's
designee submitted to the department under Section 411.176(c); or
(C) based on the affidavit of the qualified
handgun instructor submitted to the department under Section
411.188(k); or
(3) notify the applicant in writing that the
department is unable to make a determination regarding the issuance
or denial of a license to the applicant within the 60-day period
prescribed by this subsection and include in that notification an
explanation of the reason for the inability and an estimation of the
amount of time the department will need to make the determination.
(b-1) If the applicant submits with the completed
application materials a copy of an active protective order issued
under Title 4, Family Code, or Chapter 7A, Code of Criminal
Procedure, or an active magistrate's emergency order of protection
under Article 17.292, Code of Criminal Procedure, that indicates
that the applicant or another person in the applicant's family or
household is protected by the order, the department shall, without
charging an additional fee, expedite the application. As soon as
practicable after the receipt of the materials under this
subsection, the department shall:
(1) issue the license;
(2) notify the applicant in writing that the
application was denied:
(A) on the grounds that the applicant failed to
qualify under the criteria listed in Section 411.172;
(B) based on the affidavit of the director's
designee submitted to the department under Section 411.176(c); or
(C) based on the affidavit of the qualified
handgun instructor submitted to the department under Section
411.188(k); or
(3) notify the applicant in writing that the
department is unable to make a determination regarding the issuance
or denial of a license to the applicant within the period of three
business days as prescribed by this subsection and include in that
notification an explanation of the reason for the inability and an
estimation of the amount of time the department will need to make
the determination.
(b-2) The director shall adopt policies for expedited
processing under Subsection (b-1).
(c) Failure of the department to issue or deny a license for
a period of more than 30 days after the department is required to
act under Subsection (b) or (b-1) constitutes denial.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1954 to read as follows:
Sec. 411.1954. WAIVING OF FEES FOR CERTAIN APPLICANTS WITH
PROTECTIVE ORDER. Notwithstanding any other provision of this
subchapter, the fee for the issuance of an original, duplicate,
modified, or renewed license under this subchapter if the applicant
submits to the department a copy of an active protective order
issued under Title 4, Family Code, or Chapter 7A, Code of Criminal
Procedure, or an active magistrate's emergency order of protection
under Article 17.292, Code of Criminal Procedure, that indicates
that the applicant or another person in the applicant's family or
household is protected by the order, shall be waived.
SECTION 3. Section 411.177, Government Code, as amended by
this Act, applies only to an application for a license to carry a
handgun for which the completed application materials are received
by the Department of Public Safety of the State of Texas on or after
the effective date of this Act.
An application for a license to
carry a handgun for which the completed application materials were
received before the effective date of this Act is governed by the
law in effect on the date the materials were received, and the
former law is continued in effect for that purpose.
SECTION 4. Section 411.1954, Government Code, as added by
this Act, applies only to an application for an original,
duplicate, modified, or renewed license to carry a handgun
submitted on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2017.