85R10826 JSC-D
By: King of Parker H.B. No. 2318
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain applicants to obtain an
original, duplicate, modified, or renewed license to carry a
handgun; waiving certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.175, Government Code, is amended to
read as follows:
Sec. 411.175. PROCEDURES FOR SUBMITTING FINGERPRINTS. The
department shall establish procedures for the submission of legible
and classifiable fingerprints by an applicant for a license under
this subchapter who:
(1) is required to submit those fingerprints to the
department, including an applicant under Section 411.199, 411.1992
[411.1991], or 411.201; and
(2) resides in a county having a population of 46,000
or less and does not reside within a 25-mile radius of a facility
with the capability to process digital or electronic fingerprints.
SECTION 2. Section 411.199, Government Code, is amended by
amending Subsections (c), (d), and (f) and adding Subsections
(c-1), (c-2), and (c-3) to read as follows:
(c) The department may issue a license under this subchapter
to an applicant under this section if the applicant is honorably
retired and physically and emotionally fit to possess a handgun.
(c-1) For purposes of [In] this section [subsection],
"honorably retired" means the applicant:
(1) did not retire in lieu of any disciplinary action;
(2) was eligible to retire from the law enforcement
agency or was ineligible to retire only as a result of an injury
received in the course of the applicant's employment with the
agency; and
(3) is entitled to receive a pension or annuity for
service as a law enforcement officer or is not entitled to receive a
pension or annuity only because the law enforcement agency that
employed the applicant does not offer a pension or annuity to its
employees.
(c-2) Notwithstanding any other law, an applicant under
this section who is an honorably retired peace officer described by
Subsection (a) must meet all other requirements of this subchapter,
except that the applicant is not required to complete the classroom
instruction part of the handgun proficiency course described by
Section 411.188.
(c-3) Notwithstanding any other law, an applicant under
this section who holds a certificate of proficiency under Section
1701.357, Occupations Code, is not required to complete the range
instruction part of the handgun proficiency course described by
Section 411.188.
(d) Notwithstanding any other provision of this subchapter,
the department shall waive any fee required for the issuance of an
original, duplicate, modified, or renewed license under this
subchapter for an [An] applicant under this section [must pay a fee
of $25 for a license issued under this subchapter].
(f) A license issued to an applicant under this section
expires as provided by Section 411.183.
SECTION 3. Sections 411.1991(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) A person who is licensed as a peace officer under
Chapter 1701, Occupations Code, and employed as a peace officer by a
law enforcement agency[, or who is a member of the Texas military
forces, excluding Texas State Guard members who are serving in the
Texas Legislature,] may apply for a license under this subchapter.
(b) The department may issue a license under this subchapter
to an applicant under this section if the applicant complies with
Subsection (a-1) and meets all other requirements of this
subchapter, except that the applicant is not required to complete
the handgun proficiency course described by Section 411.188 [or
rules adopted under Subsection (a-2), as applicable].
(c) Notwithstanding any other provision of this subchapter,
the department shall waive any fee required for the issuance of an
original, duplicate, modified, or renewed license under this
subchapter for an [An] applicant under this section [shall pay a fee
of $25 for a license issued under this subchapter].
(d) A license issued to an applicant under this section
expires as provided by Section 411.183.
SECTION 4. Section 411.1992, Government Code, is amended by
amending Subsections (d) and (f) and adding Subsection (e-1) to
read as follows:
(d) Notwithstanding any other provision of this subchapter,
the department shall waive any fee required for the issuance of an
original, duplicate, modified, or renewed license under this
subchapter for an [An] applicant under this section [must pay a fee
of $25 for a license issued under this subchapter].
(e-1) Notwithstanding any other law, an applicant under
this section must meet all other requirements of this subchapter,
except that the applicant is not required to complete the handgun
proficiency course described by Section 411.188.
(f) A license issued to an applicant under this section
expires as provided by Section 411.183.
SECTION 5. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1993 to read as follows:
Sec. 411.1993. CERTAIN MEMBERS OF TEXAS MILITARY FORCES.
(a) A person who is a member of the Texas military forces, other
than a member of the Texas State Guard who is serving in the Texas
Legislature, may apply for a license under this subchapter.
(b) The department shall adopt rules regarding the
information required to be included in an application submitted
under this section.
(c) The department may issue a license under this subchapter
to an applicant under this section if the applicant complies with
rules adopted under Subsection (b).
(d) An applicant under this section shall pay a fee of $25
for a license issued under this subchapter.
(e) A license issued to an applicant under this section
expires as provided by Section 411.183.
SECTION 6. Section 411.1991(a-2), Government Code, is
repealed.
SECTION 7. The change in law made by this Act applies only
to an application that is made to obtain an original, duplicate,
modified, or renewed license to carry a handgun and submitted on or
after the effective date of this Act. An application described by
this section that is submitted before the effective date of this Act
is governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2017.