85R7213 JSC-D
By: Buckingham, Burton, Creighton S.B. No. 1704
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility requirements for a license to carry a
handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 28, Code of Criminal Procedure, is
amended by adding Article 28.15 to read as follows:
Art. 28.15. MOTION REGARDING LICENSE TO CARRY HANDGUN. (a)
If a defendant's eligibility for a license to carry a handgun would
be affected by a criminal charge pending against the defendant in
this state, the defendant may file with the court in which the
charge is pending a petition for an order under this article
authorizing the defendant to hold a license to carry a handgun if
the defendant is able to satisfy all other applicable eligibility
requirements for holding the license.
(b) In determining whether to issue an order under this
article, the court shall consider:
(1) the nature of the offense with which the defendant
is charged;
(2) the criminal history record information of the
defendant; and
(3) any potential risks to public safety.
(c) A defendant whose license to carry a handgun is
suspended because of the charge described by Subsection (a) may
present to the Department of Public Safety a copy of an order issued
under this article. On receipt of the copy, the department shall
reinstate the suspended license, provided that the defendant is
otherwise eligible to hold the license.
(d) A defendant who does not hold a license to carry a
handgun may submit with the defendant's application materials a
copy of an order issued under this article. The Department of
Public Safety may not deny the issuance of a license based solely on
a charged offense that is the subject of an order issued under this
article.
(e) The court may rescind an order issued under this article
on the motion of the attorney representing the state or on the
court's own motion. If the court rescinds the order, the court
shall immediately notify the appropriate division of the Department
of Public Safety.
(f) On receipt of a notice of a rescinded order under
Subsection (e), the Department of Public Safety shall, while the
charge is pending:
(1) suspend the handgun license of the defendant; or
(2) if the defendant does not have a handgun license,
deny any application the defendant submits for a license.
(g) An order may be issued under this article only with
respect to a single pending criminal charge.
SECTION 2. Section 411.172(a), Government Code, is amended
to read as follows:
(a) A person is eligible for a license to carry a handgun if
the person:
(1) is a legal resident of this state for the six-month
period preceding the date of application under this subchapter or
is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment, unless a court order has been
issued under Article 28.15, Code of Criminal Procedure, relating to
that offense;
(5) is not a fugitive from justice for a felony or a
Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with
respect to the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense or of an offense under Section 42.01, Penal
Code, or equivalent offense;
(9) is fully qualified under applicable federal and
state law to purchase a handgun;
(10) has not been finally determined to be delinquent
in making a child support payment administered or collected by the
attorney general;
(11) has not been finally determined to be delinquent
in the payment of a tax or other money collected by the comptroller,
the tax collector of a political subdivision of the state, or any
agency or subdivision of the state;
(12) is not currently restricted under a court
protective order or subject to a restraining order affecting the
spousal relationship, other than a restraining order solely
affecting property interests;
(13) has not, in the 10 years preceding the date of
application, been adjudicated as having engaged in delinquent
conduct violating a penal law of the grade of felony; and
(14) has not made any material misrepresentation, or
failed to disclose any material fact, in an application submitted
pursuant to Section 411.174.
SECTION 3. Section 411.174(a), Government Code, is amended
to read as follows:
(a) An applicant for a license to carry a handgun must
submit to the director's designee described by Section 411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) a certified copy of the applicant's birth
certificate or certified proof of age;
(4) proof of residency in this state;
(5) two complete sets of legible and classifiable
fingerprints of the applicant taken by a person appropriately
trained in recording fingerprints who is employed by a law
enforcement agency or by a private entity designated by a law
enforcement agency as an entity qualified to take fingerprints of
an applicant for a license under this subchapter;
(6) a nonrefundable application and license fee of
$140 paid to the department;
(7) evidence of handgun proficiency, in the form and
manner required by the department;
(8) an affidavit signed by the applicant stating that
the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; [and]
(9) a form executed by the applicant that authorizes
the director to make an inquiry into any noncriminal history
records that are necessary to determine the applicant's eligibility
for a license under Section 411.172(a); and
(10) a copy of a court order issued under Article
28.15, Code of Criminal Procedure, if the applicant would otherwise
be ineligible for the license under Section 411.172(a)(4).
SECTION 4. Sections 411.187(a) and (c), Government Code,
are amended to read as follows:
(a) The department shall suspend a license under this
section if the license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment, unless a court order has been
issued under Article 28.15, Code of Criminal Procedure, relating to
that offense;
(2) fails to notify the department of a change of
address, name, or status as required by Section 411.181;
(3) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(4) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
(c) The department shall suspend a license under this
section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), (3), or (4),
except as provided by Subdivision (2);
(2) for not less than one year and not more than three
years, if the person's license:
(A) is subject to suspension for a reason listed
in Subsection (a), other than the reason listed in Subsection
(a)(1); and
(B) has been previously suspended for the same
reason;
(3) until the earlier of:
(A) the date of dismissal of the charges, if the
person's license is subject to suspension for the reason listed in
Subsection (a)(1); or
(B) the date the person provides the department
with a copy of a court order issued under Article 28.15, Code of
Criminal Procedure, relating to the offense charged; or
(4) for the duration of or the period specified by:
(A) the protective order issued under Title 4,
Family Code, if the person's license is subject to suspension for
the reason listed in Subsection (a)(3) [(a)(5)]; or
(B) the order for emergency protection issued
under Article 17.292, Code of Criminal Procedure, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(4) [(a)(6)].
SECTION 5. Sections 411.201(c) and (d), Government Code,
are amended to read as follows:
(c) An active judicial officer is eligible for a license to
carry a handgun under the authority of this subchapter. A retired
judicial officer is eligible for a license to carry a handgun under
the authority of this subchapter if the officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense;
(3) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense or of a felony under an
information or indictment, unless a court order has been issued
under Article 28.15, Code of Criminal Procedure, relating to that
offense;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(d) An applicant for a license who is an active or retired
judicial officer must submit to the department:
(1) a completed application, including all required
affidavits, on a form prescribed by the department;
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) two complete sets of legible and classifiable
fingerprints of the applicant, including one set taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints;
(4) evidence of handgun proficiency, in the form and
manner required by the department for an applicant under this
section;
(5) a nonrefundable application and license fee set by
the department in an amount reasonably designed to cover the
administrative costs associated with issuance of a license to carry
a handgun under this subchapter; [and]
(6) if the applicant is a retired judicial officer, a
form executed by the applicant that authorizes the department to
make an inquiry into any noncriminal history records that are
necessary to determine the applicant's eligibility for a license
under this subchapter; and
(7) a copy of a court order issued under Article 28.15,
Code of Criminal Procedure, if the applicant would otherwise be
ineligible for the license under Subsection (c)(3).
SECTION 6. The changes in law made by this Act to Sections
411.172, 411.174, and 411.201, Government Code, apply only to an
application for the issuance or renewal of a license that is
submitted to the Department of Public Safety on or after the
effective date of this Act. An application submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 7. The change in law made by this Act to Section
411.187, Government Code, applies only to an administrative or
judicial determination concerning the suspension of a license to
carry a handgun that is made on or after the effective date of this
Act. An administrative or judicial determination made before the
effective date of this Act is governed by the law in effect on the
date the determination was made, and the former law is continued in
effect for that purpose.
SECTION 8. This Act takes effect September 1, 2017.