By: Burns, Herrero, Guillen H.B. No. 2137
A BILL TO BE ENTITLED
AN ACT
relating to an application made by certain retired state and
federal officers to obtain a license to carry a handgun; waiving a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.183, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding any other provision of this section, a
license issued to an applicant under Section 411.199 does not
expire.
SECTION 2. Section 411.199, Government Code, is amended by
amending Subsections (b), (d), (f), and (g) and adding Subsections
(e) and (e-1) to read as follows:
(b) The person shall submit two complete sets of legible and
classifiable fingerprints and a sworn statement from the head of
the law enforcement agency employing the applicant. A head of a law
enforcement agency may not refuse to issue a statement under this
subsection. If the applicant alleges that the statement is untrue,
the department shall investigate the validity of the statement.
The statement must include:
(1) the name and rank of the applicant;
(2) the status of the applicant before retirement;
(3) whether or not the applicant was accused of
misconduct at the time of the retirement;
(4) the physical and mental condition of the
applicant;
(5) the type of weapons the applicant had demonstrated
proficiency with during the last year of employment;
(6) whether the applicant would be eligible for
reemployment with the agency, and if not, the reasons the applicant
is not eligible; [and]
(7) a recommendation from the agency head regarding
the issuance of a license under this subchapter; and
(8) whether the applicant holds a current certificate
of proficiency under Section 1701.357, Occupations Code.
(d) The department shall waive any fee required [An
applicant under this section must pay a fee of $25] for a license
issued under this subchapter to an applicant under this section.
(e) An applicant under this section who complies with
Subsections (b) and (c) or Subsection (g), as applicable, and with
the other requirements of this subchapter is not required to
complete the classroom instruction portion of the handgun
proficiency course described by Section 411.188 to obtain a license
under this subchapter.
(e-1) An applicant described by Subsection (e) who holds a
current certificate of proficiency under Section 1701.357,
Occupations Code, is not required to complete the range instruction
portion of the handgun proficiency course described by Section
411.188 to obtain a license under this subchapter.
(f) A license issued under this subchapter to an applicant
under this section does not expire, [expires] as provided by
Section 411.183(e) [411.183].
(g) A retired officer of the United States who was eligible
to carry a firearm in the discharge of the officer's official duties
is eligible to apply under this section for a license issued under
this subchapter [section]. An applicant described by this
subsection may submit the application at any time after retirement.
The applicant shall submit with the application proper proof of
retired status by presenting the following documents prepared by
the agency from which the applicant retired:
(1) retirement credentials; and
(2) a letter from the agency head stating the
applicant retired in good standing.
SECTION 3. Section 411.199, Government Code, as amended by
this Act, applies only to an application for a license to carry a
handgun submitted 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 4. This Act takes effect September 1, 2019.