Texas 2017 - 85th Regular

Texas House Bill HB3242 Compare Versions

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

Old	New	Differences
1	1	85R4536 ADM-D
2	2	By: Springer H.B. No. 3242
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eligibility for and the revocation of a license to carry
8	8	a handgun.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.186(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) The department shall revoke a license under this section
13	13	if the license holder:
14	14	(1) was not entitled to the license at the time it was
15	15	issued;
16	16	(2) made a material misrepresentation or failed to
17	17	disclose a material fact in an application submitted under this
18	18	subchapter;
19	19	(3) subsequently becomes ineligible for a license
20	20	under Section 411.172, unless the sole basis for the ineligibility
21	21	is that the license holder is charged with the commission of a Class
22	22	A or Class B misdemeanor or equivalent offense, or of an offense
23	23	under Section 42.01, Penal Code, or equivalent offense, or of a
24	24	felony under an information or indictment;
25	25	(4) is convicted of an offense under Section 46.035,
26	26	Penal Code;
27	27	(5) is determined by the department to have engaged in
28	28	conduct constituting a reason to suspend a license listed in
29	29	Section 411.187(a) after the person's license has been previously
30	30	suspended twice for the same reason; [or]
31	31	(6) submits an application fee that is dishonored or
32	32	reversed if the applicant fails to submit a cashier's check or money
33	33	order made payable to the "Department of Public Safety of the State
34	34	of Texas" in the amount of the dishonored or reversed fee, plus $25,
35	35	within 30 days of being notified by the department that the fee was
36	36	dishonored or reversed; or
37	37	(7) holds a license issued as described by Section
38	38	411.1991(b) and the Texas Commission on Law Enforcement notifies
39	39	the department that the peace officer's license under Chapter 1701,
40	40	Occupations Code, has been revoked or suspended.
41	41	SECTION 2. The heading to Section 411.1882, Government
42	42	Code, is amended to read as follows:
43	43	Sec. 411.1882. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN
44	44	COURT PERSONNEL AND SUPERVISION OFFICERS [PERSONS].
45	45	SECTION 3. Subchapter H, Chapter 411, Government Code, is
46	46	amended by adding Section 411.189 to read as follows:
47	47	Sec. 411.189. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN
48	48	PERSONS EMPLOYED BY STATE OR POLITICAL SUBDIVISION OF STATE. (a)
49	49	This section applies only to a person, other than a person described
50	50	by Section 411.1882 or a peace officer described by Section
51	51	411.1991(a), who is employed by this state or a political
52	52	subdivision of this state in a position that requires the person to
53	53	obtain instruction on the use of handguns from a handgun
54	54	proficiency instructor approved by the Texas Commission on Law
55	55	Enforcement.
56	56	(b) A person described by Subsection (a) may establish
57	57	handgun proficiency for the purposes of this subchapter by
58	58	obtaining from the instructor a sworn statement that indicates that
59	59	the person, during the 12-month period preceding the date of the
60	60	person's application to the department, demonstrated to the
61	61	instructor proficiency in the use of handguns.
62	62	(c) The director by rule shall adopt a procedure by which a
63	63	person described by Subsection (b) may submit a form demonstrating
64	64	the person's qualification for an exemption under that subsection.
65	65	The form must provide sufficient information to allow the
66	66	department to verify whether the person qualifies for the
67	67	exemption.
68	68	(d) A license issued under this section automatically
69	69	expires on the six-month anniversary of the date the person's
70	70	status under Subsection (a) becomes inapplicable. A license that
71	71	expires under this subsection may be renewed under Section 411.185.
72	72	SECTION 4. Section 411.1991, Government Code, is amended by
73	73	amending Subsections (a), (a-1), (b), and (c) and adding Subsection
74	74	(e) to read as follows:
75	75	(a) A person who is licensed as a peace officer under
76	76	Chapter 1701, Occupations Code, [and employed as a peace officer by
77	77	a law enforcement agency,] or who is a member of the Texas military
78	78	forces, excluding Texas State Guard members who are serving in the
79	79	Texas Legislature, may apply for a license under this subchapter.
80	80	(a-1) An applicant who is licensed as a peace officer under
81	81	Chapter 1701, Occupations Code, shall submit to the department:
82	82	(1) the name [and rank] of the applicant; and
83	83	(2) a current copy of the applicant's peace officer
84	84	license [and evidence of employment as a peace officer].
85	85	(b) The department shall [may] issue a license under this
86	86	subchapter to an applicant under this section who is a licensed
87	87	peace officer if the applicant complies with Subsection (a-1) and
88	88	meets all other requirements of this subchapter. The department
89	89	shall waive any fee required for the issuance of an original,
90	90	duplicate, modified, or renewed license to the applicant.
91	91	(c) The department may issue a license under this subchapter
92	92	to an applicant under this section who is a member of the Texas
93	93	military forces if the applicant complies with [or] rules adopted
94	94	under Subsection (a-2)[, as applicable]. The [(c) An] applicant
95	95	[under this section] shall pay a fee of $25 for a license issued
96	96	under this subchapter.
97	97	(e) If otherwise eligible for a license under this
98	98	subchapter, a peace officer whose handgun license is revoked under
99	99	Section 411.186(a)(7) may apply, without status as a peace officer,
100	100	for a new handgun license under Section 411.174.
101	101	SECTION 5. Section 1701.501, Occupations Code, is amended
102	102	by adding Subsection (e) to read as follows:
103	103	(e) If the commission becomes aware of an offense committed
104	104	by a license holder or revokes or suspends a license under this
105	105	subchapter, the commission shall immediately notify the Department
106	106	of Public Safety of the license holder's offense or of the
107	107	revocation or suspension, as applicable.
108	108	SECTION 6. (a) Except as provided by Subsection (b) of this
109	109	section, the change in law made by this Act applies only to an
110	110	application to obtain a license to carry a handgun submitted on or
111	111	after the effective date of this Act. An application submitted
112	112	before the effective date of this Act is governed by the law in
113	113	effect when the application was submitted, and the former law is
114	114	continued in effect for that purpose.
115	115	(b) Section 1701.501, Occupations Code, as amended by this
116	116	Act, applies only to a revocation or suspension of a license by the
117	117	Texas Commission on Law Enforcement on or after the effective date
118	118	of this Act.
119	119	SECTION 7. This Act takes effect September 1, 2017.