Texas 2021 - 87th Regular

Texas House Bill HB2440 Compare Versions

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

Old	New	Differences
1	1	87R7736 JSC-F
2	2	By: White H.B. No. 2440
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility for a license to carry a handgun.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.171(4), Government Code, is amended
10	10	to read as follows:
11	11	(4) "Convicted" means an adjudication of guilt or[,
12	12	except as provided in Section 411.1711,] an order of deferred
13	13	adjudication entered against a person by a court of competent
14	14	jurisdiction regardless of whether [or not] the imposition of the
15	15	sentence is subsequently probated and the person is discharged from
16	16	community supervision. The term does not include an adjudication
17	17	of guilt or an order of deferred adjudication that has been
18	18	subsequently:
19	19	(A) expunged;
20	20	(B) pardoned under the authority of a state or
21	21	federal official; or
22	22	(C) otherwise vacated, set aside, annulled,
23	23	invalidated, voided, or sealed under any state or federal law.
24	24	SECTION 2. Section 411.172(a), Government Code, is amended
25	25	to read as follows:
26	26	(a) A person is eligible for a license to carry a handgun if
27	27	the person:
28	28	(1) is a legal resident of this state for the six-month
29	29	period preceding the date of application under this subchapter or
30	30	is otherwise eligible for a license under Section 411.173(a);
31	31	(2) is at least 21 years of age;
32	32	(3) [has not been convicted of a felony;
33	33	[(4) is not charged with the commission of a Class A or
34	34	Class B misdemeanor or equivalent offense, or of an offense under
35	35	Section 42.01, Penal Code, or equivalent offense, or of a felony
36	36	under an information or indictment;
37	37	[(5) is not a fugitive from justice for a felony or a
38	38	Class A or Class B misdemeanor or equivalent offense;
39	39	[(6) is not a chemically dependent person;
40	40	[(7) is not incapable of exercising sound judgment
41	41	with respect to the proper use and storage of a handgun;
42	42	[(8) has not, in the five years preceding the date of
43	43	application, been convicted of a Class A or Class B misdemeanor or
44	44	equivalent offense or of an offense under Section 42.01, Penal
45	45	Code, or equivalent offense;
46	46	[(9)] is not prohibited by [fully qualified under]
47	47	applicable federal or [and] state law from possessing [to purchase]
48	48	a firearm [handgun];
49	49	[(10) has not been finally determined to be delinquent
50	50	in making a child support payment administered or collected by the
51	51	attorney general;
52	52	[(11) has not been finally determined to be delinquent
53	53	in the payment of a tax or other money collected by the comptroller,
54	54	the tax collector of a political subdivision of the state, or any
55	55	agency or subdivision of the state;
56	56	[(12) is not currently restricted under a court
57	57	protective order or subject to a restraining order affecting the
58	58	spousal relationship, other than a restraining order solely
59	59	affecting property interests;
60	60	[(13) has not, in the 10 years preceding the date of
61	61	application, been adjudicated as having engaged in delinquent
62	62	conduct violating a penal law of the grade of felony;] and
63	63	(4) [(14)] has not made any material
64	64	misrepresentation, or failed to disclose any material fact, in an
65	65	application submitted pursuant to Section 411.174.
66	66	SECTION 3. Sections 411.186(a), (c), and (d), Government
67	67	Code, are amended to read as follows:
68	68	(a) The department shall revoke a license under this section
69	69	if the license holder:
70	70	(1) was not entitled to the license at the time it was
71	71	issued;
72	72	(2) made a material misrepresentation or failed to
73	73	disclose a material fact in an application submitted under this
74	74	subchapter;
75	75	(3) subsequently becomes ineligible for a license
76	76	under Section 411.172[, unless the sole basis for the ineligibility
77	77	is that the license holder is charged with the commission of a Class
78	78	A or Class B misdemeanor or equivalent offense, or of an offense
79	79	under Section 42.01, Penal Code, or equivalent offense, or of a
80	80	felony under an information or indictment]; or
81	81	(4) [is convicted of an offense under Section 46.035,
82	82	Penal Code;
83	83	[(5) is determined by the department to have engaged
84	84	in conduct constituting a reason to suspend a license listed in
85	85	Section 411.187(a) after the person's license has been previously
86	86	suspended twice for the same reason; or
87	87	[(6)] submits an application fee that is dishonored or
88	88	reversed if the applicant fails to submit a cashier's check or money
89	89	order made payable to the "Texas Department of Public Safety [of the
90	90	State of Texas]" in the amount of the dishonored or reversed fee,
91	91	plus $25, within 30 days of being notified by the department that
92	92	the fee was dishonored or reversed.
93	93	(c) A license holder whose license is revoked for a reason
94	94	listed in Subsection (a)(1), (2), or (3) [Subsections (a)(1)-(5)]
95	95	may reapply as a new applicant for the issuance of a license under
96	96	this subchapter after the second anniversary of the date of the
97	97	revocation if the cause for revocation does not exist on the date of
98	98	the second anniversary. If the cause for revocation exists on the
99	99	date of the second anniversary after the date of revocation, the
100	100	license holder may not apply for a new license until the cause for
101	101	revocation no longer exists and has not existed for a period of two
102	102	years.
103	103	(d) A license holder whose license is revoked under
104	104	Subsection (a)(4) [(a)(6)] may reapply for an original or renewed
105	105	license at any time, provided the application fee and a dishonored
106	106	payment charge of $25 is paid by cashier's check or money order made
107	107	payable to the "Texas Department of Public Safety."
108	108	SECTION 4. Sections 411.187(a) and (c), Government Code,
109	109	are amended to read as follows:
110	110	(a) The department shall suspend a license under this
111	111	section if the license holder:
112	112	(1) is charged with the commission of an offense and,
113	113	if convicted of the offense, the person would be ineligible under
114	114	federal or state law to possess a firearm [a Class A or Class B
115	115	misdemeanor or equivalent offense, or of an offense under Section
116	116	42.01, Penal Code, or equivalent offense, or of a felony under an
117	117	information or indictment];
118	118	(2) fails to notify the department of a change of
119	119	address, name, or status as required by Section 411.181; or
120	120	(3) [commits an act of family violence and] is the
121	121	subject of an active protective order that causes the person to
122	122	become ineligible under federal or state law to possess a firearm
123	123	[rendered under Title 4, Family Code; or
124	124	[(4) is arrested for an offense involving family
125	125	violence or an offense under Section 42.072, Penal Code, and is the
126	126	subject of an order for emergency protection issued under Article
127	127	17.292, Code of Criminal Procedure].
128	128	(c) The department shall suspend a license under this
129	129	section:
130	130	(1) for 30 days, if the person's license is subject to
131	131	suspension for a reason listed in Subsection (a)(2)[, (3), or (4),
132	132	except as provided by Subdivision (2)];
133	133	(2) [for not less than one year and not more than three
134	134	years, if the person's license:
135	135	[(A) is subject to suspension for a reason listed
136	136	in Subsection (a), other than the reason listed in Subsection
137	137	(a)(1); and
138	138	[(B) has been previously suspended for the same
139	139	reason;
140	140	[(3)] until dismissal of the charges, if the person's
141	141	license is subject to suspension for the reason listed in
142	142	Subsection (a)(1); or
143	143	(3) [(4)] for the duration of or the period specified
144	144	by[:
145	145	[(A)] the protective order [issued under Title 4,
146	146	Family Code], if the person's license is subject to suspension for
147	147	the reason listed in Subsection (a)(3) [(a)(5); or
148	148	[(B) the order for emergency protection issued under
149	149	Article 17.292, Code of Criminal Procedure, if the person's license
150	150	is subject to suspension for the reason listed in Subsection
151	151	(a)(6)].
152	152	SECTION 5. Section 411.201(c), Government Code, is amended
153	153	to read as follows:
154	154	(c) An active judicial officer is eligible for a license to
155	155	carry a handgun under the authority of this subchapter. A retired
156	156	judicial officer is eligible for a license to carry a handgun under
157	157	the authority of this subchapter if the officer meets the
158	158	requirements under Section 411.172[:
159	159	[(1) has not been convicted of a felony;
160	160	[(2) has not, in the five years preceding the date of
161	161	application, been convicted of a Class A or Class B misdemeanor or
162	162	equivalent offense;
163	163	[(3) is not charged with the commission of a Class A or
164	164	Class B misdemeanor or equivalent offense or of a felony under an
165	165	information or indictment;
166	166	[(4) is not a chemically dependent person; and
167	167	[(5) is not a person of unsound mind].
168	168	SECTION 6. The following provisions of the Government Code
169	169	are repealed:
170	170	(1) Sections 411.171(2) and (6);
171	171	(2) Section 411.1711;
172	172	(3) Sections 411.172(b), (b-1), (c), (d), (e), and
173	173	(f); and
174	174	(4) Section 411.206(c).
175	175	SECTION 7. The changes in law made by this Act to Sections
176	176	411.172 and 411.201, Government Code, apply only to an application
177	177	for the issuance, modification, or renewal of a license that is
178	178	submitted to the Department of Public Safety on or after the
179	179	effective date of this Act. An application submitted before the
180	180	effective date of this Act is governed by the law in effect on the
181	181	date the application was submitted, and the former law is continued
182	182	in effect for that purpose.
183	183	SECTION 8. The changes in law made by this Act to Sections
184	184	411.186 and 411.187, Government Code, apply only to an
185	185	administrative or judicial determination concerning the revocation
186	186	or suspension of a license to carry a handgun that is made on or
187	187	after the effective date of this Act. An administrative or judicial
188	188	determination made before the effective date of this Act is
189	189	governed by the law in effect on the date the determination was
190	190	made, and the former law is continued in effect for that purpose.
191	191	SECTION 9. This Act takes effect September 1, 2021.