Texas 2019 - 86th Regular

Texas House Bill HB2949 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5074 JSC-D
2	2	By: Guillen H.B. No. 2949
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a license to carry a handgun for a person who is at
8	8	increased risk of becoming a victim of violence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.177, Government Code, is amended by
11	11	amending Subsections (b) and (c) and adding Subsections (b-1),
12	12	(b-2), and (b-3) to read as follows:
13	13	(b) Except as otherwise provided by Subsection (b-1),
14	14	the [The] department shall, not later than the 60th day after the
15	15	date of the receipt by the director's designee of the completed
16	16	application materials:
17	17	(1) issue the license;
18	18	(2) notify the applicant in writing that the
19	19	application was denied:
20	20	(A) on the grounds that the applicant failed to
21	21	qualify under the criteria listed in Section 411.172;
22	22	(B) based on the affidavit of the director's
23	23	designee submitted to the department under Section 411.176(c); or
24	24	(C) based on the affidavit of the qualified
25	25	handgun instructor submitted to the department under Section
26	26	411.188(k); or
27	27	(3) notify the applicant in writing that the
28	28	department is unable to make a determination regarding the issuance
29	29	or denial of a license to the applicant within the 60-day period
30	30	prescribed by this subsection and include in that notification an
31	31	explanation of the reason for the inability and an estimation of the
32	32	additional period [amount of time] the department will need to make
33	33	the determination.
34	34	(b-1) If the applicant submits with the completed
35	35	application materials an application for a designation under
36	36	Section 411.184, the department shall, without charging an
37	37	additional fee, expedite the application. Not later than the 10th
38	38	day after the receipt of the materials under this subsection, the
39	39	department shall:
40	40	(1) issue the license with the designation; or
41	41	(2) notify the applicant in writing that the applicant
42	42	is not eligible for the designation under Section 411.184 and the
43	43	application for the license will be processed in the regular course
44	44	of business.
45	45	(b-2) Notwithstanding Subsection (b-1), if the department
46	46	determines that the applicant is eligible for the designation under
47	47	Section 411.184 but is unable to quickly make a determination
48	48	regarding the issuance or denial of a license to the applicant, the
49	49	department shall provide written notice of that fact to the
50	50	applicant and shall include in that notice an explanation of the
51	51	reason for the inability and an estimation of the additional period
52	52	the department will need to make the determination.
53	53	(b-3) The director shall adopt policies for expedited
54	54	processing under Subsection (b-1).
55	55	(c) Failure of the department to issue or deny a license for
56	56	a period of more than 30 days after the department is required to
57	57	act under Subsection (b) constitutes denial, regardless of whether
58	58	the applicant was eligible for expedited processing of the
59	59	application under Subsection (b-1).
60	60	SECTION 2. Section 411.179(a), Government Code, is amended
61	61	to read as follows:
62	62	(a) The department by rule shall adopt the form of the
63	63	license. A license must include:
64	64	(1) a number assigned to the license holder by the
65	65	department;
66	66	(2) a statement of the period for which the license is
67	67	effective;
68	68	(3) a color photograph of the license holder;
69	69	(4) the license holder's full name, date of birth, hair
70	70	and eye color, height, weight, and signature;
71	71	(5) the license holder's residence address or, as
72	72	provided by Subsection (d), the street address of the courthouse in
73	73	which the license holder or license holder's spouse serves as a
74	74	federal judge or the license holder serves as a state judge;
75	75	(6) the number of a driver's license or an
76	76	identification certificate issued to the license holder by the
77	77	department; [and]
78	78	(7) the designation "VETERAN" if required under
79	79	Subsection (e); and
80	80	(8) any at-risk designation for which the license
81	81	holder has established eligibility under Section 411.184.
82	82	SECTION 3. Subchapter H, Chapter 411, Government Code, is
83	83	amended by adding Section 411.184 to read as follows:
84	84	Sec. 411.184. AT-RISK DESIGNATION. (a) The department
85	85	shall develop a procedure for persons who are at increased risk of
86	86	becoming a victim of violence to:
87	87	(1) obtain a handgun license on an expedited basis, if
88	88	the person is not already a license holder; and
89	89	(2) qualify for an at-risk designation on the license.
90	90	(b) A person is eligible for an at-risk designation under
91	91	this section if:
92	92	(1) the person is protected under, or a member of the
93	93	person's household or family is protected under:
94	94	(A) a temporary restraining order or temporary
95	95	injunction issued under Subchapter F, Chapter 6, Family Code;
96	96	(B) a temporary ex parte order issued under
97	97	Chapter 83, Family Code;
98	98	(C) a protective order issued under Chapter 85,
99	99	Family Code;
100	100	(D) a protective order issued under Article 6.08
101	101	or 6.09, Code of Criminal Procedure, or Chapter 7A of that code; or
102	102	(E) a magistrate's order for emergency
103	103	protection issued under Article 17.292, Code of Criminal Procedure;
104	104	or
105	105	(2) the person participates in the address
106	106	confidentiality program under Subchapter C, Chapter 56, Code of
107	107	Criminal Procedure.
108	108	(c) The director may adopt rules to accept alternative
109	109	documentation not described by Subsection (b) that shows that the
110	110	person is at increased risk of becoming a victim of violence.
111	111	(d) A person may receive an at-risk designation under this
112	112	section if the person submits to the department, in the form and
113	113	manner provided by the department:
114	114	(1) an application for the designation;
115	115	(2) evidence of the increased risk of becoming a
116	116	victim of violence, as provided by Subsection (b) or rules adopted
117	117	under Subsection (c); and
118	118	(3) any other information that the department may
119	119	require.
120	120	(e) A license holder may apply for the designation under
121	121	this section by making an application for a duplicate license. A
122	122	person who is not a license holder may apply for the designation
123	123	with the person's application for an original license to carry a
124	124	handgun.
125	125	(f) A person with a designation granted under this section
126	126	shall annually certify that the person continues to qualify for the
127	127	designation and shall submit to the department any information the
128	128	department requires to verify the person's continuing eligibility.
129	129	A person who no longer qualifies for the designation under this
130	130	section shall immediately notify the department.
131	131	(g) If based on the information received under Subsection
132	132	(f) the department determines that the person is no longer eligible
133	133	for a designation under this section, the department shall notify
134	134	the person and issue to the person a duplicate license without a
135	135	designation.
136	136	(h) On receipt of a duplicate license without a designation
137	137	under Subsection (g), the license holder shall return the license
138	138	with the designation to the department.
139	139	(i) The department may not charge a fee for issuing a
140	140	duplicate license with a designation under this section or for
141	141	issuing a duplicate license without a designation if the person no
142	142	longer qualifies for the designation. If a person applies for a
143	143	designation at the same time the person applies for an original
144	144	license under this subchapter, the department may charge only the
145	145	licensing fee.
146	146	SECTION 4. Section 46.035, Penal Code, is amended by adding
147	147	Subsection (n) to read as follows:
148	148	(n) It is a defense to prosecution under Subsections (b)(1),
149	149	(2), (4), (5), and (6) and (c) that at the time of the commission of
150	150	the offense the actor was carrying a handgun and held a license
151	151	issued under Subchapter H, Chapter 411, Government Code, bearing an
152	152	at-risk designation under Section 411.184 of that code.
153	153	SECTION 5. Section 46.15(a), Penal Code, is amended to read
154	154	as follows:
155	155	(a) Sections 46.02 and 46.03 do not apply to:
156	156	(1) peace officers or special investigators under
157	157	Article 2.122, Code of Criminal Procedure, and neither section
158	158	prohibits a peace officer or special investigator from carrying a
159	159	weapon in this state, including in an establishment in this state
160	160	serving the public, regardless of whether the peace officer or
161	161	special investigator is engaged in the actual discharge of the
162	162	officer's or investigator's duties while carrying the weapon;
163	163	(2) parole officers and neither section prohibits an
164	164	officer from carrying a weapon in this state if the officer is:
165	165	(A) engaged in the actual discharge of the
166	166	officer's duties while carrying the weapon; and
167	167	(B) in compliance with policies and procedures
168	168	adopted by the Texas Department of Criminal Justice regarding the
169	169	possession of a weapon by an officer while on duty;
170	170	(3) community supervision and corrections department
171	171	officers appointed or employed under Section 76.004, Government
172	172	Code, and neither section prohibits an officer from carrying a
173	173	weapon in this state if the officer is:
174	174	(A) engaged in the actual discharge of the
175	175	officer's duties while carrying the weapon; and
176	176	(B) authorized to carry a weapon under Section
177	177	76.0051, Government Code;
178	178	(4) an active judicial officer as defined by Section
179	179	411.201, Government Code, who is licensed to carry a handgun under
180	180	Subchapter H, Chapter 411, Government Code;
181	181	(5) an honorably retired peace officer, qualified
182	182	retired law enforcement officer, federal criminal investigator, or
183	183	former reserve law enforcement officer who holds a certificate of
184	184	proficiency issued under Section 1701.357, Occupations Code, and is
185	185	carrying a photo identification that is issued by a federal, state,
186	186	or local law enforcement agency, as applicable, and that verifies
187	187	that the officer is:
188	188	(A) an honorably retired peace officer;
189	189	(B) a qualified retired law enforcement officer;
190	190	(C) a federal criminal investigator; or
191	191	(D) a former reserve law enforcement officer who
192	192	has served in that capacity not less than a total of 15 years with
193	193	one or more state or local law enforcement agencies;
194	194	(6) the attorney general or a United States attorney,
195	195	district attorney, criminal district attorney, county attorney, or
196	196	municipal attorney who is licensed to carry a handgun under
197	197	Subchapter H, Chapter 411, Government Code;
198	198	(7) an assistant United States attorney, assistant
199	199	attorney general, assistant district attorney, assistant criminal
200	200	district attorney, or assistant county attorney who is licensed to
201	201	carry a handgun under Subchapter H, Chapter 411, Government Code;
202	202	(8) a bailiff designated by an active judicial officer
203	203	as defined by Section 411.201, Government Code, who is:
204	204	(A) licensed to carry a handgun under Subchapter
205	205	H, Chapter 411, Government Code; and
206	206	(B) engaged in escorting the judicial officer;
207	207	(9) a juvenile probation officer who is authorized to
208	208	carry a firearm under Section 142.006, Human Resources Code; [or]
209	209	(10) a person who is volunteer emergency services
210	210	personnel if the person is:
211	211	(A) carrying a handgun under the authority of
212	212	Subchapter H, Chapter 411, Government Code; and
213	213	(B) engaged in providing emergency services; or
214	214	(11) a person who is carrying a handgun and holds a
215	215	license to carry a handgun issued under Subchapter H, Chapter 411,
216	216	Government Code, that bears an at-risk designation under Section
217	217	411.184 of that code.
218	218	SECTION 6. The public safety director of the Department of
219	219	Public Safety shall adopt the rules necessary to implement Section
220	220	411.184, Government Code, as added by this Act, not later than
221	221	December 1, 2019.
222	222	SECTION 7. (a) Section 411.177, Government Code, as
223	223	amended by this Act, applies only to an application for a license to
224	224	carry a handgun for which the completed application materials are
225	225	received by the Department of Public Safety on or after January 1,
226	226	2020.
227	227	(b) The Department of Public Safety may not accept an
228	228	application for or grant a designation under Section 411.184,
229	229	Government Code, as added by this Act, before January 1, 2020.
230	230	SECTION 8. The change in law made by this Act in amending
231	231	Sections 46.035 and 46.15, Penal Code, applies only to an offense
232	232	committed on or after January 1, 2020. An offense committed before
233	233	January 1, 2020, is governed by the law in effect on the date the
234	234	offense was committed, and the former law is continued in effect for
235	235	that purpose. For purposes of this section, an offense was
236	236	committed before January 1, 2020, if any element of the offense
237	237	occurred before that date.
238	238	SECTION 9. This Act takes effect September 1, 2019.