Texas 2017 - 85th Regular

Texas House Bill HB300 Compare Versions

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1		-	85R19725 ADM-D
2		-	By: King of Parker, Zerwas, Kacal, Cook, H.B. No. 300
3		-	Burns, et al.
4		-	Substitute the following for H.B. No. 300:
5		-	By: King of Parker C.S.H.B. No. 300
	1	+	85R103 ADM-D
	2	+	By: King of Parker H.B. No. 300
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	relating to ~~decreasing the~~ fee for the issuance of an original or
11		-	renewed license to carry a handgun.
	7	+	relating to the removal of a fee for the issuance of an original,
	8	+	duplicate, modified, or renewed license to carry a handgun.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 411.174(a), Government Code, is amended
	10	+	SECTION 1. Section 411.0625(c), Government Code, is amended
	11	+	to read as follows:
	12	+	(c) The department shall adopt rules to establish a
	13	+	procedure by which a resident of the state may apply for and be
	14	+	issued a Capitol access pass. Rules adopted under this section
	15	+	must include provisions for eligibility, application, approval,
	16	+	issuance, and renewal that:
	17	+	(1) require the department to conduct the same
	18	+	background check on an applicant for a Capitol access pass that is
	19	+	conducted on an applicant for a license to carry a handgun under
	20	+	Subchapter H;
	21	+	(2) enable the department to conduct the background
	22	+	check described by Subdivision (1); and
	23	+	(3) establish application and renewal fees in amounts
	24	+	sufficient to cover the cost of administering this section[, not to
	25	+	exceed the amounts of similar fees required under Section 411.174
	26	+	for a license to carry a handgun].
	27	+	SECTION 2. Section 411.173(a), Government Code, is amended
	28	+	to read as follows:
	29	+	(a) The department by rule shall establish a procedure for a
	30	+	person who meets the eligibility requirements of this subchapter
	31	+	other than the residency requirement established by Section
	32	+	411.172(a)(1) to obtain a license under this subchapter if the
	33	+	person is a legal resident of another state or if the person
	34	+	relocates to this state with the intent to establish residency in
	35	+	this state. [The procedure must include payment of a fee in an
	36	+	amount sufficient to recover the average cost to the department of
	37	+	obtaining a criminal history record check and investigation on a
	38	+	nonresident applicant.] A license issued in accordance with the
	39	+	procedure established under this subsection:
	40	+	(1) remains in effect until the license expires under
	41	+	Section 411.183; and
	42	+	(2) may be renewed under Section 411.185.
	43	+	SECTION 3. Section 411.174(a), Government Code, is amended
14	44		to read as follows:
15	45		(a) An applicant for a license to carry a handgun must
16	46		submit to the director's designee described by Section 411.176:
17	47		(1) a completed application on a form provided by the
18	48		department that requires only the information listed in Subsection
19	49		(b);
20	50		(2) one or more photographs of the applicant that meet
21	51		the requirements of the department;
22	52		(3) a certified copy of the applicant's birth
23	53		certificate or certified proof of age;
24	54		(4) proof of residency in this state;
25	55		(5) two complete sets of legible and classifiable
26	56		fingerprints of the applicant taken by a person appropriately
27	57		trained in recording fingerprints who is employed by a law
28	58		enforcement agency or by a private entity designated by a law
29	59		enforcement agency as an entity qualified to take fingerprints of
30	60		an applicant for a license under this subchapter;
31		-	(6) a nonrefundable application and license fee of ~~$40~~
32		-	[$140] paid to the department;
33		-	(7) evidence of handgun proficiency, in the form and
	61	+	(6) [a nonrefundable application and license fee of
	62	+	$140 paid to the department;
	63	+	[(7)] evidence of handgun proficiency, in the form and
34	64		manner required by the department;
35		-	(8) an affidavit signed by the applicant stating ~~that~~
36		-	the applicant:
	65	+	(7) [(8)] an affidavit signed by the applicant stating
	66	+	that the applicant:
37	67		(A) has read and understands each provision of
38	68		this subchapter that creates an offense under the laws of this state
39	69		and each provision of the laws of this state related to use of
40	70		deadly force; and
41	71		(B) fulfills all the eligibility requirements
42	72		listed under Section 411.172; and
43		-	(9) a form executed by the applicant that authorizes
44		-	the director to make an inquiry into any noncriminal history
45		-	records that are necessary to determine the applicant's eligibility
46		-	for a license under Section 411.172(a).
47		-	SECTION 2. Sections 411.185(a) and (b), Government Code,
	73	+	(8) [(9)] a form executed by the applicant that
	74	+	authorizes the director to make an inquiry into any noncriminal
	75	+	history records that are necessary to determine the applicant's
	76	+	eligibility for a license under Section 411.172(a).
	77	+	SECTION 4. Section 411.179, Government Code, is amended by
	78	+	amending Subsection (e) and adding Subsection (f) to read as
	79	+	follows:
	80	+	(e) [In this subsection, "veteran" has the meaning assigned
	81	+	by Section 411.1951.] The department shall include the designation
	82	+	"VETERAN" on the face of any original, duplicate, modified, or
	83	+	renewed license under this subchapter or on the reverse side of the
	84	+	license, as determined by the department, if the license is issued
	85	+	to a veteran who:
	86	+	(1) requests the designation; and
	87	+	(2) provides proof sufficient to the department of the
	88	+	veteran's military service and honorable discharge.
	89	+	(f) For purposes of Subsection (e), "veteran" means a person
	90	+	who:
	91	+	(1) has served in:
	92	+	(A) the army, navy, air force, coast guard, or
	93	+	marine corps of the United States;
	94	+	(B) the Texas military forces as defined by
	95	+	Section 437.001; or
	96	+	(C) an auxiliary service of one of those branches
	97	+	of the armed forces; and
	98	+	(2) has been honorably discharged from the branch of
	99	+	the service in which the person served.
	100	+	SECTION 5. Section 411.181(h), Government Code, is amended
	101	+	to read as follows:
	102	+	(h) If a license holder is required under this section to
	103	+	apply for a duplicate license and the license expires not later than
	104	+	the 60th day after the date of the loss, theft, or destruction of
	105	+	the license, the applicant may renew the license with the modified
	106	+	information included on the new license. [The applicant must pay
	107	+	only the nonrefundable renewal fee.]
	108	+	SECTION 6. Sections 411.185(a) and (b), Government Code,
48	109		are amended to read as follows:
49	110		(a) To renew a license, a license holder must, on or before
50	111		the date the license expires, submit to the department by mail or,
51	112		in accordance with the procedure adopted under Subsection (f), on
52	113		the Internet:
53	114		(1) a renewal application on a form provided by the
54	115		department;
55		-	(2) payment of a nonrefundable renewal fee of $40 [as
56		-	set by the department]; and
57		-	(3) the informational form described by Subsection (c)
58		-	signed or electronically acknowledged by the applicant.
	116	+	[(2) payment of a nonrefundable renewal fee as set by
	117	+	the department;] and
	118	+	(2) [(3)] the informational form described by
	119	+	Subsection (c) signed or electronically acknowledged by the
	120	+	applicant.
59	121		(b) The director by rule shall adopt a renewal application
60	122		form requiring an update of the information on the original
61	123		completed application. [The director by rule shall set the renewal
62	124		fee in an amount that is sufficient to cover the actual cost to the
63	125		department to:
64	126		[(1) verify the information contained in the renewal
65	127		application form;
66	128		[(2) conduct any necessary investigation concerning
67	129		the license holder's continued eligibility to hold a license; and
68	130		[(3) issue the renewed license.]
69		-	SECTION 3. Section 411.190(c), Government Code, is amended
	131	+	SECTION 7. Sections 411.186(a) and (c), Government Code,
	132	+	are amended to read as follows:
	133	+	(a) The department shall revoke a license under this section
	134	+	if the license holder:
	135	+	(1) was not entitled to the license at the time it was
	136	+	issued;
	137	+	(2) made a material misrepresentation or failed to
	138	+	disclose a material fact in an application submitted under this
	139	+	subchapter;
	140	+	(3) subsequently becomes ineligible for a license
	141	+	under Section 411.172, unless the sole basis for the ineligibility
	142	+	is that the license holder is charged with the commission of a Class
	143	+	A or Class B misdemeanor or equivalent offense, or of an offense
	144	+	under Section 42.01, Penal Code, or equivalent offense, or of a
	145	+	felony under an information or indictment;
	146	+	(4) is convicted of an offense under Section 46.035,
	147	+	Penal Code; or
	148	+	(5) is determined by the department to have engaged in
	149	+	conduct constituting a reason to suspend a license listed in
	150	+	Section 411.187(a) after the person's license has been previously
	151	+	suspended twice for the same reason[; or
	152	+	[(6) submits an application fee that is dishonored or
	153	+	reversed if the applicant fails to submit a cashier's check or money
	154	+	order made payable to the "Department of Public Safety of the State
	155	+	of Texas" in the amount of the dishonored or reversed fee, plus $25,
	156	+	within 30 days of being notified by the department that the fee was
	157	+	dishonored or reversed].
	158	+	(c) A license holder whose license is revoked for a reason
	159	+	listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a
	160	+	new applicant for the issuance of a license under this subchapter
	161	+	after the second anniversary of the date of the revocation if the
	162	+	cause for revocation does not exist on the date of the second
	163	+	anniversary. If the cause for revocation exists on the date of the
	164	+	second anniversary after the date of revocation, the license holder
	165	+	may not apply for a new license until the cause for revocation no
	166	+	longer exists and has not existed for a period of two years.
	167	+	SECTION 8. Section 411.190(c), Government Code, is amended
70	168		to read as follows:
71	169		(c) In the manner applicable to a person who applies for a
72	170		license to carry a handgun, the department shall conduct a
73	171		background check of a person who applies for certification as a
74	172		qualified handgun instructor. If the background check indicates
75	173		that the applicant for certification would not qualify to receive a
76	174		handgun license, the department may not certify the applicant as a
77	175		qualified handgun instructor. If the background check indicates
78	176		that the applicant for certification would qualify to receive a
79	177		handgun license, the department shall provide handgun instructor
80	178		training to the applicant. The applicant shall pay a fee of $100 to
81	179		the department for the training. The applicant must take and
82	180		successfully complete the training offered by the department and
83	181		pay the training fee before the department may certify the
84	182		applicant as a qualified handgun instructor. The department shall
85	183		issue a license to carry a handgun under the authority of this
86	184		subchapter to any person who is certified as a qualified handgun
87		-	instructor and who pays to the department a fee of $40 [$100] in
88		-	addition to the training fee. The department by rule may prorate or
89		-	waive the training fee for an employee of another governmental
90		-	entity.
91		-	SECTION 4. The heading to Section 411.194, Government Code,
92		-	is amended to read as follows:
93		-	Sec. 411.194. REDUCTION OF CERTAIN FEES DUE TO INDIGENCY.
94		-	SECTION 5. Section 411.194(a), Government Code, is amended
95		-	to read as follows:
96		-	(a) Notwithstanding any other provision of this subchapter,
97		-	if the department determines that an applicant is indigent, the
98		-	department shall reduce by:
99		-	(1) 50 percent any fee required for the issuance of a
100		-	[an original,] duplicate or[,] modified[, or renewed] license under
101		-	this subchapter; and
102		-	(2) $5 any fee required for the issuance of a renewed
103		-	license under this subchapter [if the department determines that
104		-	the applicant is indigent].
105		-	SECTION 6. Section 411.195, Government Code, is amended to
106		-	read as follows:
107		-	Sec. 411.195. REDUCTION OF CERTAIN FEES FOR SENIOR
108		-	CITIZENS. Notwithstanding any other provision of this subchapter,
109		-	if an applicant for the license is 60 years of age or older, the
110		-	department shall reduce by:
111		-	(1) 50 percent any fee required for the issuance of a
112		-	[an original,] duplicate or[,] modified[, or renewed] license under
113		-	this subchapter; and
114		-	(2) $5 any fee required for the issuance of a renewed
115		-	license under this subchapter [if the applicant for the license is
116		-	60 years of age or older].
117		-	SECTION 7. Section 411.201(d), Government Code, is amended
118		-	to read as follows:
	185	+	instructor [and who pays to the department a fee of $100 in addition
	186	+	to the training fee]. The department by rule may prorate or waive
	187	+	the training fee for an employee of another governmental entity.
	188	+	SECTION 9. Sections 411.201(d) and (h), Government Code,
	189	+	are amended to read as follows:
119	190		(d) An applicant for a license who is an active or retired
120	191		judicial officer must submit to the department:
121	192		(1) a completed application, including all required
122	193		affidavits, on a form prescribed by the department;
123	194		(2) one or more photographs of the applicant that meet
124	195		the requirements of the department;
125	196		(3) two complete sets of legible and classifiable
126	197		fingerprints of the applicant, including one set taken by a person
127	198		employed by a law enforcement agency who is appropriately trained
128	199		in recording fingerprints;
129	200		(4) evidence of handgun proficiency, in the form and
130	201		manner required by the department for an applicant under this
131	202		section;
132		-	(5) a nonrefundable application and license fee ~~of $25~~
133		-	~~[set~~ by the department in an amount reasonably designed to cover the
	203	+	[(5) a nonrefundable application and license fee set
	204	+	by the department in an amount reasonably designed to cover the
134	205		administrative costs associated with issuance of a license to carry
135		-	a handgun under this subchapter]; and
136		-	(6) if the applicant is a retired judicial officer, a
137		-	form executed by the applicant that authorizes the department to
138		-	make an inquiry into any noncriminal history records that are
139		-	necessary to determine the applicant's eligibility for a license
140		-	under this subchapter.
141		-	SECTION 8. The change in law made by this Act applies only
142		-	to an applicant for an original or renewed license to carry a
143		-	handgun under Subchapter H, Chapter 411, Government Code, as
144		-	amended by this Act, who submits the application on or after the
145		-	effective date of this Act.
146		-	SECTION 9. This Act takes effect September 1, 2017.
	206	+	a handgun under this subchapter;] and
	207	+	(5) [(6)] if the applicant is a retired judicial
	208	+	officer, a form executed by the applicant that authorizes the
	209	+	department to make an inquiry into any noncriminal history records
	210	+	that are necessary to determine the applicant's eligibility for a
	211	+	license under this subchapter.
	212	+	(h) The department shall issue a license to carry a handgun
	213	+	under the authority of this subchapter to an elected attorney
	214	+	representing the state in the prosecution of felony cases who meets
	215	+	the requirements of this section for an active judicial officer.
	216	+	[The department shall waive any fee required for the issuance of an
	217	+	original, duplicate, or renewed license under this subchapter for
	218	+	an applicant who is an attorney elected or employed to represent the
	219	+	state in the prosecution of felony cases.]
	220	+	SECTION 10. Section 118.011(b), Local Government Code, as
	221	+	effective until September 1, 2019, is amended to read as follows:
	222	+	(b) The county clerk may set and collect the following fee
	223	+	from any person:
	224	+	(1) Returned Check (Sec. 118.0215) . . . not less than
	225	+	$15 or more than $30
	226	+	(2) Records Management and Preservation Fee (Sec.
	227	+	118.0216)not more than $10
	228	+	[(3) Mental Health Background Check for License to
	229	+	Carry a Handgun (Sec. 118.0217) not more than $2]
	230	+	SECTION 11. (a) Section 118.011(b), Local Government Code,
	231	+	as effective September 1, 2019, is amended to read as follows:
	232	+	(b) The county clerk may set and collect the following fee
	233	+	from any person:
	234	+	(1) Returned Check (Sec. 118.0215) . . . not less than
	235	+	$15 or more than $30
	236	+	(2) Records Management and Preservation Fee (Sec.
	237	+	118.0216)not more than $5
	238	+	[(3) Mental Health Background Check for License to
	239	+	Carry a Handgun (Sec. 118.0217) not more than $2]
	240	+	(b) This section takes effect September 1, 2019.
	241	+	SECTION 12. The following provisions are repealed:
	242	+	(1) Sections 411.181(d) and (i), 411.186(d), 411.194,
	243	+	411.195, 411.1951, 411.1952, 411.1953, 411.199(d), 411.1991(c),
	244	+	and 411.1992(d), Government Code; and
	245	+	(2) Section 118.0217, Local Government Code.
	246	+	SECTION 13. The change in law made by this Act applies only
	247	+	to an applicant for an original, duplicate, modified, or renewed
	248	+	license to carry a handgun under Subchapter H, Chapter 411,
	249	+	Government Code, as amended by this Act, who submits the
	250	+	application on or after the effective date of this Act.
	251	+	SECTION 14. Except as otherwise provided by this Act, this
	252	+	Act takes effect September 1, 2017.