Texas 2017 - 85th Regular

Texas House Bill HB339 Compare Versions

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

Old	New	Differences
1	1	85R103 ADM-D
2	2	By: Burrows H.B. No. 339
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal of a fee for the issuance of an original,
8	8	duplicate, modified, or renewed license to carry a handgun.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.0625(c), Government Code, is amended
11	11	to read as follows:
12	12	(c) The department shall adopt rules to establish a
13	13	procedure by which a resident of the state may apply for and be
14	14	issued a Capitol access pass. Rules adopted under this section
15	15	must include provisions for eligibility, application, approval,
16	16	issuance, and renewal that:
17	17	(1) require the department to conduct the same
18	18	background check on an applicant for a Capitol access pass that is
19	19	conducted on an applicant for a license to carry a handgun under
20	20	Subchapter H;
21	21	(2) enable the department to conduct the background
22	22	check described by Subdivision (1); and
23	23	(3) establish application and renewal fees in amounts
24	24	sufficient to cover the cost of administering this section[, not to
25	25	exceed the amounts of similar fees required under Section 411.174
26	26	for a license to carry a handgun].
27	27	SECTION 2. Section 411.173(a), Government Code, is amended
28	28	to read as follows:
29	29	(a) The department by rule shall establish a procedure for a
30	30	person who meets the eligibility requirements of this subchapter
31	31	other than the residency requirement established by Section
32	32	411.172(a)(1) to obtain a license under this subchapter if the
33	33	person is a legal resident of another state or if the person
34	34	relocates to this state with the intent to establish residency in
35	35	this state. [The procedure must include payment of a fee in an
36	36	amount sufficient to recover the average cost to the department of
37	37	obtaining a criminal history record check and investigation on a
38	38	nonresident applicant.] A license issued in accordance with the
39	39	procedure established under this subsection:
40	40	(1) remains in effect until the license expires under
41	41	Section 411.183; and
42	42	(2) may be renewed under Section 411.185.
43	43	SECTION 3. Section 411.174(a), Government Code, is amended
44	44	to read as follows:
45	45	(a) An applicant for a license to carry a handgun must
46	46	submit to the director's designee described by Section 411.176:
47	47	(1) a completed application on a form provided by the
48	48	department that requires only the information listed in Subsection
49	49	(b);
50	50	(2) one or more photographs of the applicant that meet
51	51	the requirements of the department;
52	52	(3) a certified copy of the applicant's birth
53	53	certificate or certified proof of age;
54	54	(4) proof of residency in this state;
55	55	(5) two complete sets of legible and classifiable
56	56	fingerprints of the applicant taken by a person appropriately
57	57	trained in recording fingerprints who is employed by a law
58	58	enforcement agency or by a private entity designated by a law
59	59	enforcement agency as an entity qualified to take fingerprints of
60	60	an applicant for a license under this subchapter;
61	61	(6) [a nonrefundable application and license fee of
62	62	$140 paid to the department;
63	63	[(7)] evidence of handgun proficiency, in the form and
64	64	manner required by the department;
65	65	(7) [(8)] an affidavit signed by the applicant stating
66	66	that the applicant:
67	67	(A) has read and understands each provision of
68	68	this subchapter that creates an offense under the laws of this state
69	69	and each provision of the laws of this state related to use of
70	70	deadly force; and
71	71	(B) fulfills all the eligibility requirements
72	72	listed under Section 411.172; and
73	73	(8) [(9)] a form executed by the applicant that
74	74	authorizes the director to make an inquiry into any noncriminal
75	75	history records that are necessary to determine the applicant's
76	76	eligibility for a license under Section 411.172(a).
77	77	SECTION 4. Section 411.179, Government Code, is amended by
78	78	amending Subsection (e) and adding Subsection (f) to read as
79	79	follows:
80	80	(e) [In this subsection, "veteran" has the meaning assigned
81	81	by Section 411.1951.] The department shall include the designation
82	82	"VETERAN" on the face of any original, duplicate, modified, or
83	83	renewed license under this subchapter or on the reverse side of the
84	84	license, as determined by the department, if the license is issued
85	85	to a veteran who:
86	86	(1) requests the designation; and
87	87	(2) provides proof sufficient to the department of the
88	88	veteran's military service and honorable discharge.
89	89	(f) For purposes of Subsection (e), "veteran" means a person
90	90	who:
91	91	(1) has served in:
92	92	(A) the army, navy, air force, coast guard, or
93	93	marine corps of the United States;
94	94	(B) the Texas military forces as defined by
95	95	Section 437.001; or
96	96	(C) an auxiliary service of one of those branches
97	97	of the armed forces; and
98	98	(2) has been honorably discharged from the branch of
99	99	the service in which the person served.
100	100	SECTION 5. Section 411.181(h), Government Code, is amended
101	101	to read as follows:
102	102	(h) If a license holder is required under this section to
103	103	apply for a duplicate license and the license expires not later than
104	104	the 60th day after the date of the loss, theft, or destruction of
105	105	the license, the applicant may renew the license with the modified
106	106	information included on the new license. [The applicant must pay
107	107	only the nonrefundable renewal fee.]
108	108	SECTION 6. Sections 411.185(a) and (b), Government Code,
109	109	are amended to read as follows:
110	110	(a) To renew a license, a license holder must, on or before
111	111	the date the license expires, submit to the department by mail or,
112	112	in accordance with the procedure adopted under Subsection (f), on
113	113	the Internet:
114	114	(1) a renewal application on a form provided by the
115	115	department;
116	116	[(2) payment of a nonrefundable renewal fee as set by
117	117	the department;] and
118	118	(2) [(3)] the informational form described by
119	119	Subsection (c) signed or electronically acknowledged by the
120	120	applicant.
121	121	(b) The director by rule shall adopt a renewal application
122	122	form requiring an update of the information on the original
123	123	completed application. [The director by rule shall set the renewal
124	124	fee in an amount that is sufficient to cover the actual cost to the
125	125	department to:
126	126	[(1) verify the information contained in the renewal
127	127	application form;
128	128	[(2) conduct any necessary investigation concerning
129	129	the license holder's continued eligibility to hold a license; and
130	130	[(3) issue the renewed license.]
131	131	SECTION 7. Sections 411.186(a) and (c), Government Code,
132	132	are amended to read as follows:
133	133	(a) The department shall revoke a license under this section
134	134	if the license holder:
135	135	(1) was not entitled to the license at the time it was
136	136	issued;
137	137	(2) made a material misrepresentation or failed to
138	138	disclose a material fact in an application submitted under this
139	139	subchapter;
140	140	(3) subsequently becomes ineligible for a license
141	141	under Section 411.172, unless the sole basis for the ineligibility
142	142	is that the license holder is charged with the commission of a Class
143	143	A or Class B misdemeanor or equivalent offense, or of an offense
144	144	under Section 42.01, Penal Code, or equivalent offense, or of a
145	145	felony under an information or indictment;
146	146	(4) is convicted of an offense under Section 46.035,
147	147	Penal Code; or
148	148	(5) is determined by the department to have engaged in
149	149	conduct constituting a reason to suspend a license listed in
150	150	Section 411.187(a) after the person's license has been previously
151	151	suspended twice for the same reason[; or
152	152	[(6) submits an application fee that is dishonored or
153	153	reversed if the applicant fails to submit a cashier's check or money
154	154	order made payable to the "Department of Public Safety of the State
155	155	of Texas" in the amount of the dishonored or reversed fee, plus $25,
156	156	within 30 days of being notified by the department that the fee was
157	157	dishonored or reversed].
158	158	(c) A license holder whose license is revoked for a reason
159	159	listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a
160	160	new applicant for the issuance of a license under this subchapter
161	161	after the second anniversary of the date of the revocation if the
162	162	cause for revocation does not exist on the date of the second
163	163	anniversary. If the cause for revocation exists on the date of the
164	164	second anniversary after the date of revocation, the license holder
165	165	may not apply for a new license until the cause for revocation no
166	166	longer exists and has not existed for a period of two years.
167	167	SECTION 8. Section 411.190(c), Government Code, is amended
168	168	to read as follows:
169	169	(c) In the manner applicable to a person who applies for a
170	170	license to carry a handgun, the department shall conduct a
171	171	background check of a person who applies for certification as a
172	172	qualified handgun instructor. If the background check indicates
173	173	that the applicant for certification would not qualify to receive a
174	174	handgun license, the department may not certify the applicant as a
175	175	qualified handgun instructor. If the background check indicates
176	176	that the applicant for certification would qualify to receive a
177	177	handgun license, the department shall provide handgun instructor
178	178	training to the applicant. The applicant shall pay a fee of $100 to
179	179	the department for the training. The applicant must take and
180	180	successfully complete the training offered by the department and
181	181	pay the training fee before the department may certify the
182	182	applicant as a qualified handgun instructor. The department shall
183	183	issue a license to carry a handgun under the authority of this
184	184	subchapter to any person who is certified as a qualified handgun
185	185	instructor [and who pays to the department a fee of $100 in addition
186	186	to the training fee]. The department by rule may prorate or waive
187	187	the training fee for an employee of another governmental entity.
188	188	SECTION 9. Sections 411.201(d) and (h), Government Code,
189	189	are amended to read as follows:
190	190	(d) An applicant for a license who is an active or retired
191	191	judicial officer must submit to the department:
192	192	(1) a completed application, including all required
193	193	affidavits, on a form prescribed by the department;
194	194	(2) one or more photographs of the applicant that meet
195	195	the requirements of the department;
196	196	(3) two complete sets of legible and classifiable
197	197	fingerprints of the applicant, including one set taken by a person
198	198	employed by a law enforcement agency who is appropriately trained
199	199	in recording fingerprints;
200	200	(4) evidence of handgun proficiency, in the form and
201	201	manner required by the department for an applicant under this
202	202	section;
203	203	[(5) a nonrefundable application and license fee set
204	204	by the department in an amount reasonably designed to cover the
205	205	administrative costs associated with issuance of a license to carry
206	206	a handgun under this subchapter;] and
207	207	(5) [(6)] if the applicant is a retired judicial
208	208	officer, a form executed by the applicant that authorizes the
209	209	department to make an inquiry into any noncriminal history records
210	210	that are necessary to determine the applicant's eligibility for a
211	211	license under this subchapter.
212	212	(h) The department shall issue a license to carry a handgun
213	213	under the authority of this subchapter to an elected attorney
214	214	representing the state in the prosecution of felony cases who meets
215	215	the requirements of this section for an active judicial officer.
216	216	[The department shall waive any fee required for the issuance of an
217	217	original, duplicate, or renewed license under this subchapter for
218	218	an applicant who is an attorney elected or employed to represent the
219	219	state in the prosecution of felony cases.]
220	220	SECTION 10. Section 118.011(b), Local Government Code, as
221	221	effective until September 1, 2019, is amended to read as follows:
222	222	(b) The county clerk may set and collect the following fee
223	223	from any person:
224	224	(1) Returned Check (Sec. 118.0215) . . . not less than
225	225	$15 or more than $30
226	226	(2) Records Management and Preservation Fee (Sec.
227	227	118.0216)not more than $10
228	228	[(3) Mental Health Background Check for License to
229	229	Carry a Handgun (Sec. 118.0217) not more than $2]
230	230	SECTION 11. (a) Section 118.011(b), Local Government Code,
231	231	as effective September 1, 2019, is amended to read as follows:
232	232	(b) The county clerk may set and collect the following fee
233	233	from any person:
234	234	(1) Returned Check (Sec. 118.0215) . . . not less than
235	235	$15 or more than $30
236	236	(2) Records Management and Preservation Fee (Sec.
237	237	118.0216)not more than $5
238	238	[(3) Mental Health Background Check for License to
239	239	Carry a Handgun (Sec. 118.0217) not more than $2]
240	240	(b) This section takes effect September 1, 2019.
241	241	SECTION 12. The following provisions are repealed:
242	242	(1) Sections 411.181(d) and (i), 411.186(d), 411.194,
243	243	411.195, 411.1951, 411.1952, 411.1953, 411.199(d), 411.1991(c),
244	244	and 411.1992(d), Government Code; and
245	245	(2) Section 118.0217, Local Government Code.
246	246	SECTION 13. The change in law made by this Act applies only
247	247	to an applicant for an original, duplicate, modified, or renewed
248	248	license to carry a handgun under Subchapter H, Chapter 411,
249	249	Government Code, as amended by this Act, who submits the
250	250	application on or after the effective date of this Act.
251	251	SECTION 14. Except as otherwise provided by this Act, this
252	252	Act takes effect September 1, 2017.