1 | 1 | | 86R13029 JRR-D |
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2 | 2 | | By: Calanni H.B. No. 4017 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the eligibility for a handgun license of a person who is |
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8 | 8 | | identified as a member of a criminal street gang. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 411.172(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) A person is eligible for a license to carry a handgun if |
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13 | 13 | | the person: |
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14 | 14 | | (1) is a legal resident of this state for the six-month |
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15 | 15 | | period preceding the date of application under this subchapter or |
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16 | 16 | | is otherwise eligible for a license under Section 411.173(a); |
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17 | 17 | | (2) is at least 21 years of age; |
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18 | 18 | | (3) has not been convicted of a felony; |
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19 | 19 | | (4) is not charged with the commission of a Class A or |
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20 | 20 | | Class B misdemeanor or equivalent offense, or of an offense under |
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21 | 21 | | Section 42.01, Penal Code, or equivalent offense, or of a felony |
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22 | 22 | | under an information or indictment; |
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23 | 23 | | (5) is not a fugitive from justice for a felony or a |
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24 | 24 | | Class A or Class B misdemeanor or equivalent offense; |
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25 | 25 | | (6) is not a chemically dependent person; |
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26 | 26 | | (7) is not incapable of exercising sound judgment with |
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27 | 27 | | respect to the proper use and storage of a handgun; |
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28 | 28 | | (8) has not, in the five years preceding the date of |
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29 | 29 | | application, been convicted of a Class A or Class B misdemeanor or |
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30 | 30 | | equivalent offense or of an offense under Section 42.01, Penal |
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31 | 31 | | Code, or equivalent offense; |
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32 | 32 | | (9) is fully qualified under applicable federal and |
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33 | 33 | | state law to purchase a handgun; |
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34 | 34 | | (10) has not been finally determined to be delinquent |
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35 | 35 | | in making a child support payment administered or collected by the |
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36 | 36 | | attorney general; |
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37 | 37 | | (11) has not been finally determined to be delinquent |
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38 | 38 | | in the payment of a tax or other money collected by the comptroller, |
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39 | 39 | | the tax collector of a political subdivision of the state, or any |
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40 | 40 | | agency or subdivision of the state; |
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41 | 41 | | (12) is not currently restricted under a court |
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42 | 42 | | protective order or subject to a restraining order affecting the |
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43 | 43 | | spousal relationship, other than a restraining order solely |
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44 | 44 | | affecting property interests; |
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45 | 45 | | (13) has not, in the 10 years preceding the date of |
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46 | 46 | | application, been adjudicated as having engaged in delinquent |
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47 | 47 | | conduct violating a penal law of the grade of felony; [and] |
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48 | 48 | | (14) has not made any material misrepresentation, or |
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49 | 49 | | failed to disclose any material fact, in an application submitted |
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50 | 50 | | pursuant to Section 411.174; and |
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51 | 51 | | (15) is not identified as a member of a criminal street |
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52 | 52 | | gang in an intelligence database established under Chapter 67, Code |
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53 | 53 | | of Criminal Procedure. |
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54 | 54 | | SECTION 2. The change in law made by this Act applies only |
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55 | 55 | | to an application for the issuance or renewal of a license that is |
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56 | 56 | | submitted to the Department of Public Safety on or after the |
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57 | 57 | | effective date of this Act. An application submitted before the |
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58 | 58 | | effective date of this Act is governed by the law in effect on the |
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59 | 59 | | date the application was submitted, and the former law is continued |
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60 | 60 | | in effect for that purpose. |
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61 | 61 | | SECTION 3. This Act takes effect September 1, 2019. |
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