Texas 2019 - 86th Regular

Texas House Bill HB419 Compare Versions

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

Old	New	Differences
1	1	86R165 ADM-D
2	2	By: Geren H.B. No. 419
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal of a fee for the issuance of an original,
8	8	duplicate, modified, or renewed license to carry a handgun.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.0625(c), Government Code, is amended
11	11	to read as follows:
12	12	(c) The department shall adopt rules to establish a
13	13	procedure by which a resident of the state may apply for and be
14	14	issued a Capitol access pass. Rules adopted under this section
15	15	must include provisions for eligibility, application, approval,
16	16	issuance, and renewal that:
17	17	(1) require the department to conduct the same
18	18	background check on an applicant for a Capitol access pass that is
19	19	conducted on an applicant for a license to carry a handgun under
20	20	Subchapter H;
21	21	(2) enable the department to conduct the background
22	22	check described by Subdivision (1); and
23	23	(3) establish application and renewal fees in amounts
24	24	sufficient to cover the cost of administering this section[, not to
25	25	exceed the amounts of similar fees required under Section 411.174
26	26	for a license to carry a handgun].
27	27	SECTION 2. Section 411.173(a), Government Code, is amended
28	28	to read as follows:
29	29	(a) The department by rule shall establish a procedure for a
30	30	person who meets the eligibility requirements of this subchapter
31	31	other than the residency requirement established by Section
32	32	411.172(a)(1) to obtain a license under this subchapter if the
33	33	person is a legal resident of another state or if the person
34	34	relocates to this state with the intent to establish residency in
35	35	this state. [The procedure must include payment of a fee in an
36	36	amount sufficient to recover the average cost to the department of
37	37	obtaining a criminal history record check and investigation on a
38	38	nonresident applicant.] A license issued in accordance with the
39	39	procedure established under this subsection:
40	40	(1) remains in effect until the license expires under
41	41	Section 411.183; and
42	42	(2) may be renewed under Section 411.185.
43	43	SECTION 3. Section 411.174(a), Government Code, is amended
44	44	to read as follows:
45	45	(a) An applicant for a license to carry a handgun must
46	46	submit to the director's designee described by Section 411.176:
47	47	(1) a completed application on a form provided by the
48	48	department that requires only the information listed in Subsection
49	49	(b);
50	50	(2) one or more photographs of the applicant that meet
51	51	the requirements of the department;
52	52	(3) a certified copy of the applicant's birth
53	53	certificate or certified proof of age;
54	54	(4) proof of residency in this state;
55	55	(5) two complete sets of legible and classifiable
56	56	fingerprints of the applicant taken by a person appropriately
57	57	trained in recording fingerprints who is employed by a law
58	58	enforcement agency or by a private entity designated by a law
59	59	enforcement agency as an entity qualified to take fingerprints of
60	60	an applicant for a license under this subchapter;
61	61	(6) [a nonrefundable application and license fee of
62	62	$40 paid to the department;
63	63	[(7)] evidence of handgun proficiency, in the form and
64	64	manner required by the department;
65	65	(7) [(8)] an affidavit signed by the applicant stating
66	66	that the applicant:
67	67	(A) has read and understands each provision of
68	68	this subchapter that creates an offense under the laws of this state
69	69	and each provision of the laws of this state related to use of
70	70	deadly force; and
71	71	(B) fulfills all the eligibility requirements
72	72	listed under Section 411.172; and
73	73	(8) [(9)] a form executed by the applicant that
74	74	authorizes the director to make an inquiry into any noncriminal
75	75	history records that are necessary to determine the applicant's
76	76	eligibility for a license under Section 411.172(a).
77	77	SECTION 4. Section 411.179, Government Code, is amended by
78	78	amending Subsection (e) and adding Subsection (f) to read as
79	79	follows:
80	80	(e) [In this subsection, "veteran" has the meaning assigned
81	81	by Section 411.1951.] The department shall include the designation
82	82	"VETERAN" on the face of any original, duplicate, modified, or
83	83	renewed license under this subchapter or on the reverse side of the
84	84	license, as determined by the department, if the license is issued
85	85	to a veteran who:
86	86	(1) requests the designation; and
87	87	(2) provides proof sufficient to the department of the
88	88	veteran's military service and honorable discharge.
89	89	(f) For purposes of Subsection (e), "veteran" means a person
90	90	who:
91	91	(1) has served in:
92	92	(A) the army, navy, air force, coast guard, or
93	93	marine corps of the United States;
94	94	(B) the Texas military forces as defined by
95	95	Section 437.001; or
96	96	(C) an auxiliary service of one of those branches
97	97	of the armed forces; and
98	98	(2) has been honorably discharged from the branch of
99	99	the service in which the person served.
100	100	SECTION 5. Section 411.181(h), Government Code, is amended
101	101	to read as follows:
102	102	(h) If a license holder is required under this section to
103	103	apply for a duplicate license and the license expires not later than
104	104	the 60th day after the date of the loss, theft, or destruction of
105	105	the license, the applicant may renew the license with the modified
106	106	information included on the new license. [The applicant must pay
107	107	only the nonrefundable renewal fee.]
108	108	SECTION 6. Section 411.185(a), Government Code, is amended
109	109	to read as follows:
110	110	(a) To renew a license, a license holder must, on or before
111	111	the date the license expires, submit to the department by mail or,
112	112	in accordance with the procedure adopted under Subsection (f), on
113	113	the Internet:
114	114	(1) a renewal application on a form provided by the
115	115	department;
116	116	[(2) payment of a nonrefundable renewal fee of $40;]
117	117	and
118	118	(2) [(3)] the informational form described by
119	119	Subsection (c) signed or electronically acknowledged by the
120	120	applicant.
121	121	SECTION 7. Sections 411.186(a) and (c), Government Code,
122	122	are amended to read as follows:
123	123	(a) The department shall revoke a license under this section
124	124	if the license holder:
125	125	(1) was not entitled to the license at the time it was
126	126	issued;
127	127	(2) made a material misrepresentation or failed to
128	128	disclose a material fact in an application submitted under this
129	129	subchapter;
130	130	(3) subsequently becomes ineligible for a license
131	131	under Section 411.172, unless the sole basis for the ineligibility
132	132	is that the license holder is charged with the commission of a Class
133	133	A or Class B misdemeanor or equivalent offense, or of an offense
134	134	under Section 42.01, Penal Code, or equivalent offense, or of a
135	135	felony under an information or indictment;
136	136	(4) is convicted of an offense under Section 46.035,
137	137	Penal Code; or
138	138	(5) is determined by the department to have engaged in
139	139	conduct constituting a reason to suspend a license listed in
140	140	Section 411.187(a) after the person's license has been previously
141	141	suspended twice for the same reason[; or
142	142	[(6) submits an application fee that is dishonored or
143	143	reversed if the applicant fails to submit a cashier's check or money
144	144	order made payable to the "Department of Public Safety of the State
145	145	of Texas" in the amount of the dishonored or reversed fee, plus $25,
146	146	within 30 days of being notified by the department that the fee was
147	147	dishonored or reversed].
148	148	(c) A license holder whose license is revoked for a reason
149	149	listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a
150	150	new applicant for the issuance of a license under this subchapter
151	151	after the second anniversary of the date of the revocation if the
152	152	cause for revocation does not exist on the date of the second
153	153	anniversary. If the cause for revocation exists on the date of the
154	154	second anniversary after the date of revocation, the license holder
155	155	may not apply for a new license until the cause for revocation no
156	156	longer exists and has not existed for a period of two years.
157	157	SECTION 8. Section 411.190(c), Government Code, is amended
158	158	to read as follows:
159	159	(c) In the manner applicable to a person who applies for a
160	160	license to carry a handgun, the department shall conduct a
161	161	background check of a person who applies for certification as a
162	162	qualified handgun instructor or approved online course provider.
163	163	If the background check indicates that the applicant for
164	164	certification would not qualify to receive a handgun license, the
165	165	department may not certify the applicant as a qualified handgun
166	166	instructor or approved online course provider. If the background
167	167	check indicates that the applicant for certification would qualify
168	168	to receive a handgun license, the department shall provide handgun
169	169	instructor or online course provider training to the applicant.
170	170	The applicant shall pay a fee of $100 to the department for the
171	171	training. The applicant must take and successfully complete the
172	172	training offered by the department and pay the training fee before
173	173	the department may certify the applicant as a qualified handgun
174	174	instructor or approved online course provider. The department
175	175	shall issue a license to carry a handgun under the authority of this
176	176	subchapter to any person who is certified as a qualified handgun
177	177	instructor or approved online course provider [and who pays to the
178	178	department a fee of $40 in addition to the training fee]. The
179	179	department by rule may prorate or waive the training fee for an
180	180	employee of another governmental entity.
181	181	SECTION 9. Sections 411.201(d) and (h), Government Code,
182	182	are amended to read as follows:
183	183	(d) An applicant for a license who is an active or retired
184	184	judicial officer must submit to the department:
185	185	(1) a completed application, including all required
186	186	affidavits, on a form prescribed by the department;
187	187	(2) one or more photographs of the applicant that meet
188	188	the requirements of the department;
189	189	(3) two complete sets of legible and classifiable
190	190	fingerprints of the applicant, including one set taken by a person
191	191	employed by a law enforcement agency who is appropriately trained
192	192	in recording fingerprints;
193	193	(4) evidence of handgun proficiency, in the form and
194	194	manner required by the department for an applicant under this
195	195	section;
196	196	[(5) a nonrefundable application and license fee of
197	197	$25;] and
198	198	(5) [(6)] if the applicant is a retired judicial
199	199	officer, a form executed by the applicant that authorizes the
200	200	department to make an inquiry into any noncriminal history records
201	201	that are necessary to determine the applicant's eligibility for a
202	202	license under this subchapter.
203	203	(h) The department shall issue a license to carry a handgun
204	204	under the authority of this subchapter to a United States attorney
205	205	or an assistant United States attorney, or to an attorney elected or
206	206	employed to represent the state in the prosecution of felony cases,
207	207	who meets the requirements of this section for an active judicial
208	208	officer. [The department shall waive any fee required for the
209	209	issuance of an original, duplicate, or renewed license under this
210	210	subchapter for an applicant who is a United States attorney or an
211	211	assistant United States attorney or who is an attorney elected or
212	212	employed to represent the state in the prosecution of felony
213	213	cases.]
214	214	SECTION 10. Section 118.011(b), Local Government Code, as
215	215	effective September 1, 2019, is amended to read as follows:
216	216	(b) The county clerk may set and collect the following fee
217	217	from any person:
218	218	(1) Returned Check (Sec. 118.0215) . . . . . . not
219	219	less than $15 or more than $30
220	220	(2) Records Management and Preservation Fee (Sec.
221	221	118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $5
222	222	(3) [Mental Health Background Check for License to
223	223	Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
224	224	[(4)] Marriage License for Out-of-State Applicants
225	225	(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
226	226	SECTION 11. The following provisions are repealed:
227	227	(1) Sections 411.181(d) and (i), 411.186(d), 411.194,
228	228	411.195, 411.1951, 411.1953, 411.199(d), 411.1991(c), 411.1992(d),
229	229	411.1993(e), and 411.1994(d), Government Code; and
230	230	(2) Section 118.0217, Local Government Code.
231	231	SECTION 12. The change in law made by this Act applies only
232	232	to an applicant for an original, duplicate, modified, or renewed
233	233	license to carry a handgun under Subchapter H, Chapter 411,
234	234	Government Code, as amended by this Act, who submits the
235	235	application on or after the effective date of this Act.
236	236	SECTION 13. This Act takes effect September 1, 2019.