1 | 1 | | 85R13127 ADM-D |
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2 | 2 | | By: Lucio S.B. No. 1960 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to firearm safety awareness; decreasing the application |
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8 | 8 | | and license fee for a license to carry a handgun. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 411.174(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) An applicant for a license to carry a handgun must |
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13 | 13 | | submit to the director's designee described by Section 411.176: |
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14 | 14 | | (1) a completed application on a form provided by the |
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15 | 15 | | department that requires only the information listed in Subsection |
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16 | 16 | | (b); |
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17 | 17 | | (2) one or more photographs of the applicant that meet |
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18 | 18 | | the requirements of the department; |
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19 | 19 | | (3) a certified copy of the applicant's birth |
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20 | 20 | | certificate or certified proof of age; |
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21 | 21 | | (4) proof of residency in this state; |
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22 | 22 | | (5) two complete sets of legible and classifiable |
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23 | 23 | | fingerprints of the applicant taken by a person appropriately |
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24 | 24 | | trained in recording fingerprints who is employed by a law |
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25 | 25 | | enforcement agency or by a private entity designated by a law |
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26 | 26 | | enforcement agency as an entity qualified to take fingerprints of |
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27 | 27 | | an applicant for a license under this subchapter; |
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28 | 28 | | (6) a nonrefundable application and license fee of $25 |
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29 | 29 | | [$140] paid to the department; |
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30 | 30 | | (7) evidence of handgun proficiency, in the form and |
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31 | 31 | | manner required by the department; |
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32 | 32 | | (8) an affidavit signed by the applicant stating that |
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33 | 33 | | the applicant: |
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34 | 34 | | (A) has read and understands each provision of |
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35 | 35 | | this subchapter that creates an offense under the laws of this state |
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36 | 36 | | and each provision of the laws of this state related to use of |
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37 | 37 | | deadly force; and |
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38 | 38 | | (B) fulfills all the eligibility requirements |
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39 | 39 | | listed under Section 411.172; and |
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40 | 40 | | (9) a form executed by the applicant that authorizes |
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41 | 41 | | the director to make an inquiry into any noncriminal history |
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42 | 42 | | records that are necessary to determine the applicant's eligibility |
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43 | 43 | | for a license under Section 411.172(a). |
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44 | 44 | | SECTION 2. Sections 411.185(a) and (b), Government Code, |
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45 | 45 | | are amended to read as follows: |
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46 | 46 | | (a) To renew a license, a license holder must, on or before |
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47 | 47 | | the date the license expires, submit to the department by mail or, |
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48 | 48 | | in accordance with the procedure adopted under Subsection (f), on |
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49 | 49 | | the Internet: |
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50 | 50 | | (1) a renewal application on a form provided by the |
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51 | 51 | | department; |
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52 | 52 | | (2) payment of a nonrefundable renewal fee of $25 [as |
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53 | 53 | | set by the department]; and |
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54 | 54 | | (3) the informational form described by Subsection (c) |
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55 | 55 | | signed or electronically acknowledged by the applicant. |
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56 | 56 | | (b) The director by rule shall adopt a renewal application |
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57 | 57 | | form requiring an update of the information on the original |
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58 | 58 | | completed application. [The director by rule shall set the renewal |
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59 | 59 | | fee in an amount that is sufficient to cover the actual cost to the |
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60 | 60 | | department to: |
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61 | 61 | | [(1) verify the information contained in the renewal |
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62 | 62 | | application form; |
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63 | 63 | | [(2) conduct any necessary investigation concerning |
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64 | 64 | | the license holder's continued eligibility to hold a license; and |
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65 | 65 | | [(3) issue the renewed license.] |
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66 | 66 | | SECTION 3. Section 411.201(d), Government Code, is amended |
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67 | 67 | | to read as follows: |
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68 | 68 | | (d) An applicant for a license who is an active or retired |
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69 | 69 | | judicial officer must submit to the department: |
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70 | 70 | | (1) a completed application, including all required |
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71 | 71 | | affidavits, on a form prescribed by the department; |
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72 | 72 | | (2) one or more photographs of the applicant that meet |
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73 | 73 | | the requirements of the department; |
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74 | 74 | | (3) two complete sets of legible and classifiable |
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75 | 75 | | fingerprints of the applicant, including one set taken by a person |
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76 | 76 | | employed by a law enforcement agency who is appropriately trained |
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77 | 77 | | in recording fingerprints; |
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78 | 78 | | (4) evidence of handgun proficiency, in the form and |
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79 | 79 | | manner required by the department for an applicant under this |
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80 | 80 | | section; |
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81 | 81 | | (5) a nonrefundable application and license fee of $25 |
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82 | 82 | | [set by the department in an amount reasonably designed to cover the |
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83 | 83 | | administrative costs associated with issuance of a license to carry |
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84 | 84 | | a handgun under this subchapter]; and |
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85 | 85 | | (6) if the applicant is a retired judicial officer, a |
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86 | 86 | | form executed by the applicant that authorizes the department to |
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87 | 87 | | make an inquiry into any noncriminal history records that are |
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88 | 88 | | necessary to determine the applicant's eligibility for a license |
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89 | 89 | | under this subchapter. |
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90 | 90 | | SECTION 4. Subchapter H, Chapter 411, Government Code, is |
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91 | 91 | | amended by adding Sections 411.210 and 411.211 to read as follows: |
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92 | 92 | | Sec. 411.210. FIREARM SAFETY AWARENESS PROGRAM. (a) The |
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93 | 93 | | department, in collaboration with the Department of Family and |
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94 | 94 | | Protective Services, shall develop and administer a firearm safety |
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95 | 95 | | awareness program. |
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96 | 96 | | (b) The program must be designed to encourage firearm safety |
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97 | 97 | | and to improve public awareness on firearm safety topics, |
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98 | 98 | | including: |
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99 | 99 | | (1) prevention of firearm accidents, including the |
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100 | 100 | | prevention of accidents involving children; |
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101 | 101 | | (2) identifying mental health crisis and suicide |
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102 | 102 | | prevention; and |
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103 | 103 | | (3) the safe handling and storage of firearms. |
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104 | 104 | | (c) The department shall dedicate $5 from each fee collected |
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105 | 105 | | under this subchapter to the program. |
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106 | 106 | | (d) The department may pay the costs of the program and its |
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107 | 107 | | administration only from: |
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108 | 108 | | (1) the proceeds of fees collected under this chapter |
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109 | 109 | | and dedicated to the program under this section; |
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110 | 110 | | (2) gifts, grants, or donations; |
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111 | 111 | | (3) matching funds; and |
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112 | 112 | | (4) funds received from the federal government. |
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113 | 113 | | Sec. 411.211. FIREARM AWARENESS AND SAFETY TASK FORCE. (a) |
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114 | 114 | | The Firearm Awareness and Safety Task Force is created. |
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115 | 115 | | (b) The members of the task force shall develop |
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116 | 116 | | recommendations to the department on the administration of the |
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117 | 117 | | firearm safety awareness program established by Section 411.210. |
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118 | 118 | | (c) The task force consists of: |
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119 | 119 | | (1) two members of the public; |
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120 | 120 | | (2) two members representing the department; |
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121 | 121 | | (3) one member representing the Health and Human |
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122 | 122 | | Services Commission; |
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123 | 123 | | (4) one member representing local law enforcement; |
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124 | 124 | | (5) one member representing the firearm industry; |
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125 | 125 | | (6) one member representing a suicide prevention |
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126 | 126 | | organization; |
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127 | 127 | | (7) one member representing a gun violence prevention |
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128 | 128 | | organization; |
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129 | 129 | | (8) one member representing a gun advocacy |
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130 | 130 | | organization; and |
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131 | 131 | | (9) one member representing the Texas Veterans |
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132 | 132 | | Commission. |
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133 | 133 | | (d) All members of the task force are appointed by the |
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134 | 134 | | governor and do not require confirmation. |
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135 | 135 | | (e) Chapter 2110 does not apply to the task force. |
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136 | 136 | | SECTION 5. The change in law made by this Act applies only |
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137 | 137 | | to an application that is made to obtain an original or renewed |
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138 | 138 | | license to carry a handgun and submitted on or after the effective |
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139 | 139 | | date of this Act. An application described by this section that is |
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140 | 140 | | submitted before the effective date of this Act is governed by the |
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141 | 141 | | law in effect when the application was submitted, and the former law |
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142 | 142 | | is continued in effect for that purpose. |
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143 | 143 | | SECTION 6. This Act takes effect September 1, 2017. |
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