Texas 2017 - 85th Regular

Texas Senate Bill SB1704 Compare Versions

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

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1	1	85R7213 JSC-D
2	2	By: Buckingham, Burton, Creighton S.B. No. 1704
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility requirements for a license to carry a
8	8	handgun.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 28, Code of Criminal Procedure, is
11	11	amended by adding Article 28.15 to read as follows:
12	12	Art. 28.15. MOTION REGARDING LICENSE TO CARRY HANDGUN. (a)
13	13	If a defendant's eligibility for a license to carry a handgun would
14	14	be affected by a criminal charge pending against the defendant in
15	15	this state, the defendant may file with the court in which the
16	16	charge is pending a petition for an order under this article
17	17	authorizing the defendant to hold a license to carry a handgun if
18	18	the defendant is able to satisfy all other applicable eligibility
19	19	requirements for holding the license.
20	20	(b) In determining whether to issue an order under this
21	21	article, the court shall consider:
22	22	(1) the nature of the offense with which the defendant
23	23	is charged;
24	24	(2) the criminal history record information of the
25	25	defendant; and
26	26	(3) any potential risks to public safety.
27	27	(c) A defendant whose license to carry a handgun is
28	28	suspended because of the charge described by Subsection (a) may
29	29	present to the Department of Public Safety a copy of an order issued
30	30	under this article. On receipt of the copy, the department shall
31	31	reinstate the suspended license, provided that the defendant is
32	32	otherwise eligible to hold the license.
33	33	(d) A defendant who does not hold a license to carry a
34	34	handgun may submit with the defendant's application materials a
35	35	copy of an order issued under this article. The Department of
36	36	Public Safety may not deny the issuance of a license based solely on
37	37	a charged offense that is the subject of an order issued under this
38	38	article.
39	39	(e) The court may rescind an order issued under this article
40	40	on the motion of the attorney representing the state or on the
41	41	court's own motion. If the court rescinds the order, the court
42	42	shall immediately notify the appropriate division of the Department
43	43	of Public Safety.
44	44	(f) On receipt of a notice of a rescinded order under
45	45	Subsection (e), the Department of Public Safety shall, while the
46	46	charge is pending:
47	47	(1) suspend the handgun license of the defendant; or
48	48	(2) if the defendant does not have a handgun license,
49	49	deny any application the defendant submits for a license.
50	50	(g) An order may be issued under this article only with
51	51	respect to a single pending criminal charge.
52	52	SECTION 2. Section 411.172(a), Government Code, is amended
53	53	to read as follows:
54	54	(a) A person is eligible for a license to carry a handgun if
55	55	the person:
56	56	(1) is a legal resident of this state for the six-month
57	57	period preceding the date of application under this subchapter or
58	58	is otherwise eligible for a license under Section 411.173(a);
59	59	(2) is at least 21 years of age;
60	60	(3) has not been convicted of a felony;
61	61	(4) is not charged with the commission of a Class A or
62	62	Class B misdemeanor or equivalent offense, or of an offense under
63	63	Section 42.01, Penal Code, or equivalent offense, or of a felony
64	64	under an information or indictment, unless a court order has been
65	65	issued under Article 28.15, Code of Criminal Procedure, relating to
66	66	that offense;
67	67	(5) is not a fugitive from justice for a felony or a
68	68	Class A or Class B misdemeanor or equivalent offense;
69	69	(6) is not a chemically dependent person;
70	70	(7) is not incapable of exercising sound judgment with
71	71	respect to the proper use and storage of a handgun;
72	72	(8) has not, in the five years preceding the date of
73	73	application, been convicted of a Class A or Class B misdemeanor or
74	74	equivalent offense or of an offense under Section 42.01, Penal
75	75	Code, or equivalent offense;
76	76	(9) is fully qualified under applicable federal and
77	77	state law to purchase a handgun;
78	78	(10) has not been finally determined to be delinquent
79	79	in making a child support payment administered or collected by the
80	80	attorney general;
81	81	(11) has not been finally determined to be delinquent
82	82	in the payment of a tax or other money collected by the comptroller,
83	83	the tax collector of a political subdivision of the state, or any
84	84	agency or subdivision of the state;
85	85	(12) is not currently restricted under a court
86	86	protective order or subject to a restraining order affecting the
87	87	spousal relationship, other than a restraining order solely
88	88	affecting property interests;
89	89	(13) has not, in the 10 years preceding the date of
90	90	application, been adjudicated as having engaged in delinquent
91	91	conduct violating a penal law of the grade of felony; and
92	92	(14) has not made any material misrepresentation, or
93	93	failed to disclose any material fact, in an application submitted
94	94	pursuant to Section 411.174.
95	95	SECTION 3. Section 411.174(a), Government Code, is amended
96	96	to read as follows:
97	97	(a) An applicant for a license to carry a handgun must
98	98	submit to the director's designee described by Section 411.176:
99	99	(1) a completed application on a form provided by the
100	100	department that requires only the information listed in Subsection
101	101	(b);
102	102	(2) one or more photographs of the applicant that meet
103	103	the requirements of the department;
104	104	(3) a certified copy of the applicant's birth
105	105	certificate or certified proof of age;
106	106	(4) proof of residency in this state;
107	107	(5) two complete sets of legible and classifiable
108	108	fingerprints of the applicant taken by a person appropriately
109	109	trained in recording fingerprints who is employed by a law
110	110	enforcement agency or by a private entity designated by a law
111	111	enforcement agency as an entity qualified to take fingerprints of
112	112	an applicant for a license under this subchapter;
113	113	(6) a nonrefundable application and license fee of
114	114	$140 paid to the department;
115	115	(7) evidence of handgun proficiency, in the form and
116	116	manner required by the department;
117	117	(8) an affidavit signed by the applicant stating that
118	118	the applicant:
119	119	(A) has read and understands each provision of
120	120	this subchapter that creates an offense under the laws of this state
121	121	and each provision of the laws of this state related to use of
122	122	deadly force; and
123	123	(B) fulfills all the eligibility requirements
124	124	listed under Section 411.172; [and]
125	125	(9) a form executed by the applicant that authorizes
126	126	the director to make an inquiry into any noncriminal history
127	127	records that are necessary to determine the applicant's eligibility
128	128	for a license under Section 411.172(a); and
129	129	(10) a copy of a court order issued under Article
130	130	28.15, Code of Criminal Procedure, if the applicant would otherwise
131	131	be ineligible for the license under Section 411.172(a)(4).
132	132	SECTION 4. Sections 411.187(a) and (c), Government Code,
133	133	are amended to read as follows:
134	134	(a) The department shall suspend a license under this
135	135	section if the license holder:
136	136	(1) is charged with the commission of a Class A or
137	137	Class B misdemeanor or equivalent offense, or of an offense under
138	138	Section 42.01, Penal Code, or equivalent offense, or of a felony
139	139	under an information or indictment, unless a court order has been
140	140	issued under Article 28.15, Code of Criminal Procedure, relating to
141	141	that offense;
142	142	(2) fails to notify the department of a change of
143	143	address, name, or status as required by Section 411.181;
144	144	(3) commits an act of family violence and is the
145	145	subject of an active protective order rendered under Title 4,
146	146	Family Code; or
147	147	(4) is arrested for an offense involving family
148	148	violence or an offense under Section 42.072, Penal Code, and is the
149	149	subject of an order for emergency protection issued under Article
150	150	17.292, Code of Criminal Procedure.
151	151	(c) The department shall suspend a license under this
152	152	section:
153	153	(1) for 30 days, if the person's license is subject to
154	154	suspension for a reason listed in Subsection (a)(2), (3), or (4),
155	155	except as provided by Subdivision (2);
156	156	(2) for not less than one year and not more than three
157	157	years, if the person's license:
158	158	(A) is subject to suspension for a reason listed
159	159	in Subsection (a), other than the reason listed in Subsection
160	160	(a)(1); and
161	161	(B) has been previously suspended for the same
162	162	reason;
163	163	(3) until the earlier of:
164	164	(A) the date of dismissal of the charges, if the
165	165	person's license is subject to suspension for the reason listed in
166	166	Subsection (a)(1); or
167	167	(B) the date the person provides the department
168	168	with a copy of a court order issued under Article 28.15, Code of
169	169	Criminal Procedure, relating to the offense charged; or
170	170	(4) for the duration of or the period specified by:
171	171	(A) the protective order issued under Title 4,
172	172	Family Code, if the person's license is subject to suspension for
173	173	the reason listed in Subsection (a)(3) [(a)(5)]; or
174	174	(B) the order for emergency protection issued
175	175	under Article 17.292, Code of Criminal Procedure, if the person's
176	176	license is subject to suspension for the reason listed in
177	177	Subsection (a)(4) [(a)(6)].
178	178	SECTION 5. Sections 411.201(c) and (d), Government Code,
179	179	are amended to read as follows:
180	180	(c) An active judicial officer is eligible for a license to
181	181	carry a handgun under the authority of this subchapter. A retired
182	182	judicial officer is eligible for a license to carry a handgun under
183	183	the authority of this subchapter if the officer:
184	184	(1) has not been convicted of a felony;
185	185	(2) has not, in the five years preceding the date of
186	186	application, been convicted of a Class A or Class B misdemeanor or
187	187	equivalent offense;
188	188	(3) is not charged with the commission of a Class A or
189	189	Class B misdemeanor or equivalent offense or of a felony under an
190	190	information or indictment, unless a court order has been issued
191	191	under Article 28.15, Code of Criminal Procedure, relating to that
192	192	offense;
193	193	(4) is not a chemically dependent person; and
194	194	(5) is not a person of unsound mind.
195	195	(d) An applicant for a license who is an active or retired
196	196	judicial officer must submit to the department:
197	197	(1) a completed application, including all required
198	198	affidavits, on a form prescribed by the department;
199	199	(2) one or more photographs of the applicant that meet
200	200	the requirements of the department;
201	201	(3) two complete sets of legible and classifiable
202	202	fingerprints of the applicant, including one set taken by a person
203	203	employed by a law enforcement agency who is appropriately trained
204	204	in recording fingerprints;
205	205	(4) evidence of handgun proficiency, in the form and
206	206	manner required by the department for an applicant under this
207	207	section;
208	208	(5) a nonrefundable application and license fee set by
209	209	the department in an amount reasonably designed to cover the
210	210	administrative costs associated with issuance of a license to carry
211	211	a handgun under this subchapter; [and]
212	212	(6) if the applicant is a retired judicial officer, a
213	213	form executed by the applicant that authorizes the department to
214	214	make an inquiry into any noncriminal history records that are
215	215	necessary to determine the applicant's eligibility for a license
216	216	under this subchapter; and
217	217	(7) a copy of a court order issued under Article 28.15,
218	218	Code of Criminal Procedure, if the applicant would otherwise be
219	219	ineligible for the license under Subsection (c)(3).
220	220	SECTION 6. The changes in law made by this Act to Sections
221	221	411.172, 411.174, and 411.201, Government Code, apply only to an
222	222	application for the issuance or renewal of a license that is
223	223	submitted to the Department of Public Safety on or after the
224	224	effective date of this Act. An application submitted before the
225	225	effective date of this Act is governed by the law in effect on the
226	226	date the application was submitted, and the former law is continued
227	227	in effect for that purpose.
228	228	SECTION 7. The change in law made by this Act to Section
229	229	411.187, Government Code, applies only to an administrative or
230	230	judicial determination concerning the suspension of a license to
231	231	carry a handgun that is made on or after the effective date of this
232	232	Act. An administrative or judicial determination made before the
233	233	effective date of this Act is governed by the law in effect on the
234	234	date the determination was made, and the former law is continued in
235	235	effect for that purpose.
236	236	SECTION 8. This Act takes effect September 1, 2017.