Texas 2017 - 85th Regular

Texas House Bill HB2318 Compare Versions

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

Old	New	Differences
1	1	85R10826 JSC-D
2	2	By: King of Parker H.B. No. 2318
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for certain applicants to obtain an
8	8	original, duplicate, modified, or renewed license to carry a
9	9	handgun; waiving certain fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.175, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 411.175. PROCEDURES FOR SUBMITTING FINGERPRINTS. The
14	14	department shall establish procedures for the submission of legible
15	15	and classifiable fingerprints by an applicant for a license under
16	16	this subchapter who:
17	17	(1) is required to submit those fingerprints to the
18	18	department, including an applicant under Section 411.199, 411.1992
19	19	[411.1991], or 411.201; and
20	20	(2) resides in a county having a population of 46,000
21	21	or less and does not reside within a 25-mile radius of a facility
22	22	with the capability to process digital or electronic fingerprints.
23	23	SECTION 2. Section 411.199, Government Code, is amended by
24	24	amending Subsections (c), (d), and (f) and adding Subsections
25	25	(c-1), (c-2), and (c-3) to read as follows:
26	26	(c) The department may issue a license under this subchapter
27	27	to an applicant under this section if the applicant is honorably
28	28	retired and physically and emotionally fit to possess a handgun.
29	29	(c-1) For purposes of [In] this section [subsection],
30	30	"honorably retired" means the applicant:
31	31	(1) did not retire in lieu of any disciplinary action;
32	32	(2) was eligible to retire from the law enforcement
33	33	agency or was ineligible to retire only as a result of an injury
34	34	received in the course of the applicant's employment with the
35	35	agency; and
36	36	(3) is entitled to receive a pension or annuity for
37	37	service as a law enforcement officer or is not entitled to receive a
38	38	pension or annuity only because the law enforcement agency that
39	39	employed the applicant does not offer a pension or annuity to its
40	40	employees.
41	41	(c-2) Notwithstanding any other law, an applicant under
42	42	this section who is an honorably retired peace officer described by
43	43	Subsection (a) must meet all other requirements of this subchapter,
44	44	except that the applicant is not required to complete the classroom
45	45	instruction part of the handgun proficiency course described by
46	46	Section 411.188.
47	47	(c-3) Notwithstanding any other law, an applicant under
48	48	this section who holds a certificate of proficiency under Section
49	49	1701.357, Occupations Code, is not required to complete the range
50	50	instruction part of the handgun proficiency course described by
51	51	Section 411.188.
52	52	(d) Notwithstanding any other provision of this subchapter,
53	53	the department shall waive any fee required for the issuance of an
54	54	original, duplicate, modified, or renewed license under this
55	55	subchapter for an [An] applicant under this section [must pay a fee
56	56	of $25 for a license issued under this subchapter].
57	57	(f) A license issued to an applicant under this section
58	58	expires as provided by Section 411.183.
59	59	SECTION 3. Sections 411.1991(a), (b), (c), and (d),
60	60	Government Code, are amended to read as follows:
61	61	(a) A person who is licensed as a peace officer under
62	62	Chapter 1701, Occupations Code, and employed as a peace officer by a
63	63	law enforcement agency[, or who is a member of the Texas military
64	64	forces, excluding Texas State Guard members who are serving in the
65	65	Texas Legislature,] may apply for a license under this subchapter.
66	66	(b) The department may issue a license under this subchapter
67	67	to an applicant under this section if the applicant complies with
68	68	Subsection (a-1) and meets all other requirements of this
69	69	subchapter, except that the applicant is not required to complete
70	70	the handgun proficiency course described by Section 411.188 [or
71	71	rules adopted under Subsection (a-2), as applicable].
72	72	(c) Notwithstanding any other provision of this subchapter,
73	73	the department shall waive any fee required for the issuance of an
74	74	original, duplicate, modified, or renewed license under this
75	75	subchapter for an [An] applicant under this section [shall pay a fee
76	76	of $25 for a license issued under this subchapter].
77	77	(d) A license issued to an applicant under this section
78	78	expires as provided by Section 411.183.
79	79	SECTION 4. Section 411.1992, Government Code, is amended by
80	80	amending Subsections (d) and (f) and adding Subsection (e-1) to
81	81	read as follows:
82	82	(d) Notwithstanding any other provision of this subchapter,
83	83	the department shall waive any fee required for the issuance of an
84	84	original, duplicate, modified, or renewed license under this
85	85	subchapter for an [An] applicant under this section [must pay a fee
86	86	of $25 for a license issued under this subchapter].
87	87	(e-1) Notwithstanding any other law, an applicant under
88	88	this section must meet all other requirements of this subchapter,
89	89	except that the applicant is not required to complete the handgun
90	90	proficiency course described by Section 411.188.
91	91	(f) A license issued to an applicant under this section
92	92	expires as provided by Section 411.183.
93	93	SECTION 5. Subchapter H, Chapter 411, Government Code, is
94	94	amended by adding Section 411.1993 to read as follows:
95	95	Sec. 411.1993. CERTAIN MEMBERS OF TEXAS MILITARY FORCES.
96	96	(a) A person who is a member of the Texas military forces, other
97	97	than a member of the Texas State Guard who is serving in the Texas
98	98	Legislature, may apply for a license under this subchapter.
99	99	(b) The department shall adopt rules regarding the
100	100	information required to be included in an application submitted
101	101	under this section.
102	102	(c) The department may issue a license under this subchapter
103	103	to an applicant under this section if the applicant complies with
104	104	rules adopted under Subsection (b).
105	105	(d) An applicant under this section shall pay a fee of $25
106	106	for a license issued under this subchapter.
107	107	(e) A license issued to an applicant under this section
108	108	expires as provided by Section 411.183.
109	109	SECTION 6. Section 411.1991(a-2), Government Code, is
110	110	repealed.
111	111	SECTION 7. The change in law made by this Act applies only
112	112	to an application that is made to obtain an original, duplicate,
113	113	modified, or renewed license to carry a handgun and submitted on or
114	114	after the effective date of this Act. An application described by
115	115	this section that is submitted before the effective date of this Act
116	116	is governed by the law in effect when the application was submitted,
117	117	and the former law is continued in effect for that purpose.
118	118	SECTION 8. This Act takes effect September 1, 2017.