Texas 2019 - 86th Regular

Texas House Bill HB2137 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2137
	1	+	By: Burns, Herrero, Guillen H.B. No. 2137
	2	+	(Senate Sponsor - Flores)
	3	+	(In the Senate - Received from the House April 16, 2019;
	4	+	April 17, 2019, read first time and referred to Committee on State
	5	+	Affairs; May 1, 2019, reported adversely, with favorable Committee
	6	+	Substitute by the following vote: Yeas 8, Nays 0; May 1, 2019, sent
	7	+	to printer.)
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2137 By: Birdwell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to an application made by certain retired state and
6	14		federal officers to obtain a license to carry a handgun; waiving a
7	15		fee.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 411.199, Government Code, is amended by
10	18		amending Subsections (b), (d), (f), and (g) and adding Subsections
11	19		(e) and (e-1) to read as follows:
12	20		(b) The person shall submit two complete sets of legible and
13	21		classifiable fingerprints and a sworn statement from the head of
14	22		the law enforcement agency employing the applicant. A head of a law
15	23		enforcement agency may not refuse to issue a statement under this
16	24		subsection. If the applicant alleges that the statement is untrue,
17	25		the department shall investigate the validity of the statement.
18	26		The statement must include:
19	27		(1) the name and rank of the applicant;
20	28		(2) the status of the applicant before retirement;
21	29		(3) whether or not the applicant was accused of
22	30		misconduct at the time of the retirement;
23	31		(4) the physical and mental condition of the
24	32		applicant;
25	33		(5) the type of weapons the applicant had demonstrated
26	34		proficiency with during the last year of employment;
27	35		(6) whether the applicant would be eligible for
28	36		reemployment with the agency, and if not, the reasons the applicant
29	37		is not eligible; [and]
30	38		(7) a recommendation from the agency head regarding
31	39		the issuance of a license under this subchapter; and
32	40		(8) whether the applicant holds a current certificate
33	41		of proficiency under Section 1701.357, Occupations Code.
34	42		(d) The department shall waive any fee required [An
35	43		applicant under this section must pay a fee of $25] for a license
36	44		issued under this subchapter to an applicant under this section.
37	45		(e) An applicant under this section who complies with
38	46		Subsections (b) and (c) or Subsection (g), as applicable, and with
39	47		the other requirements of this subchapter is not required to
40	48		complete the classroom instruction portion of the handgun
41	49		proficiency course described by Section 411.188 to obtain a license
42	50		under this subchapter.
43	51		(e-1) An applicant described by Subsection (e) who holds a
44	52		current certificate of proficiency under Section 1701.357,
45	53		Occupations Code, is not required to complete the range instruction
46	54		portion of the handgun proficiency course described by Section
47	55		411.188 to obtain a license under this subchapter.
48	56		(f) A license issued under this subchapter to an applicant
49	57		under this section expires as provided by Section 411.183.
50	58		(g) A retired officer of the United States who was eligible
51	59		to carry a firearm in the discharge of the officer's official duties
52	60		is eligible to apply under this section for a license issued under
53	61		this subchapter [section]. An applicant described by this
54	62		subsection may submit the application at any time after retirement.
55	63		The applicant shall submit with the application proper proof of
56	64		retired status by presenting the following documents prepared by
57	65		the agency from which the applicant retired:
58	66		(1) retirement credentials; and
59	67		(2) a letter from the agency head stating the
60	68		applicant retired in good standing.
61	69		SECTION 2. Section 411.199, Government Code, as amended by
62	70		this Act, applies only to an application for a license to carry a
63	71		handgun submitted on or after the effective date of this Act. An
64	72		application submitted before the effective date of this Act is
65	73		governed by the law in effect on the date the application was
66	74		submitted, and the former law is continued in effect for that
67	75		purpose.
68	76		SECTION 3. This Act takes effect September 1, 2019.
69		-	______________________________ ______________________________
70		-	President of the Senate Speaker of the House
71		-	I certify that H.B. No. 2137 was passed by the House on April
72		-	16, 2019, by the following vote: Yeas 136, Nays 1, 3 present, not
73		-	voting; and that the House concurred in Senate amendments to H.B.
74		-	No. 2137 on May 13, 2019, by the following vote: Yeas 139, Nays 1,
75		-	1 present, not voting.
76		-	______________________________
77		-	Chief Clerk of the House
78		-	I certify that H.B. No. 2137 was passed by the Senate, with
79		-	amendments, on May 8, 2019, by the following vote: Yeas 30, Nays 1.
80		-	______________________________
81		-	Secretary of the Senate
82		-	APPROVED: __________________
83		-	Date
84		-	__________________
85		-	Governor
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