Texas 2019 86th Regular

Texas House Bill HB2137 Enrolled / Bill

Filed 05/13/2019

                    H.B. No. 2137


 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 411.199, 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 expires as provided by Section 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 2.  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 3.  This Act takes effect September 1, 2019.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 2137 was passed by the House on April
 16, 2019, by the following vote:  Yeas 136, Nays 1, 3 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 2137 on May 13, 2019, by the following vote:  Yeas 139, Nays 1,
 1 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 2137 was passed by the Senate, with
 amendments, on May 8, 2019, by the following vote:  Yeas 30, Nays 1.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor