| 1 | 1 | | 86R8126 ADM-D |
|---|
| 2 | 2 | | By: Talarico H.B. No. 3508 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the issuance or renewal of a license to carry a handgun. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 411.177(a) and (b), Government Code, |
|---|
| 10 | 10 | | are amended to read as follows: |
|---|
| 11 | 11 | | (a) The department may [shall] issue a license to carry a |
|---|
| 12 | 12 | | handgun to an applicant if the applicant meets all the eligibility |
|---|
| 13 | 13 | | requirements and submits all the application materials. The |
|---|
| 14 | 14 | | department shall administer the licensing procedures in good faith |
|---|
| 15 | 15 | | and [so that any applicant who meets all the eligibility |
|---|
| 16 | 16 | | requirements and submits all the application materials shall |
|---|
| 17 | 17 | | receive a license. The department] may not deny an application on |
|---|
| 18 | 18 | | the basis of a capricious or arbitrary decision by the department. |
|---|
| 19 | 19 | | A denial must be supported by a preponderance of the evidence. |
|---|
| 20 | 20 | | (b) The department shall, not later than the 60th day after |
|---|
| 21 | 21 | | the date of the receipt by the director's designee of the completed |
|---|
| 22 | 22 | | application materials: |
|---|
| 23 | 23 | | (1) issue the license; |
|---|
| 24 | 24 | | (2) notify the applicant in writing that the |
|---|
| 25 | 25 | | application was denied and explain the grounds for the denial [: |
|---|
| 26 | 26 | | [(A) on the grounds that the applicant failed to |
|---|
| 27 | 27 | | qualify under the criteria listed in Section 411.172; |
|---|
| 28 | 28 | | [(B) based on the affidavit of the director's |
|---|
| 29 | 29 | | designee submitted to the department under Section 411.176(c); or |
|---|
| 30 | 30 | | [(C) based on the affidavit of the qualified |
|---|
| 31 | 31 | | handgun instructor submitted to the department under Section |
|---|
| 32 | 32 | | 411.188(k)]; or |
|---|
| 33 | 33 | | (3) notify the applicant in writing that the |
|---|
| 34 | 34 | | department is unable to make a determination regarding the issuance |
|---|
| 35 | 35 | | or denial of a license to the applicant within the 60-day period |
|---|
| 36 | 36 | | prescribed by this subsection and include in that notification an |
|---|
| 37 | 37 | | explanation of the reason for the inability and an estimation of the |
|---|
| 38 | 38 | | amount of time the department will need to make the determination. |
|---|
| 39 | 39 | | SECTION 2. Section 411.185(e), Government Code, is amended |
|---|
| 40 | 40 | | to read as follows: |
|---|
| 41 | 41 | | (e) The department may [shall] renew the license of a |
|---|
| 42 | 42 | | license holder who meets all the eligibility requirements to |
|---|
| 43 | 43 | | continue to hold a license and submits all the renewal materials |
|---|
| 44 | 44 | | described by Subsection (a). Not later than the 45th day after |
|---|
| 45 | 45 | | receipt of the renewal materials, the department shall issue the |
|---|
| 46 | 46 | | renewed license or notify the license holder in writing that the |
|---|
| 47 | 47 | | department denied the license holder's renewal application. A |
|---|
| 48 | 48 | | denial must be supported by a preponderance of the evidence. |
|---|
| 49 | 49 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 50 | 50 | | to an applicant for an original or renewed license to carry a |
|---|
| 51 | 51 | | handgun under Subchapter H, Chapter 411, Government Code, as |
|---|
| 52 | 52 | | amended by this Act, who submits the application on or after the |
|---|
| 53 | 53 | | effective date of this Act. |
|---|
| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|