Texas 2021 - 87th Regular

Texas House Bill HB821 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R14701 JSC-F
2		-	By: White, et al. H.B. No. 821
3		-	Substitute the following for H.B. No. 821:
4		-	By: Hefner C.S.H.B. No. 821
	1	+	87R4727 JSC-F
	2	+	By: White H.B. No. 821
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the eligibility for a license to carry a handgun.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 411.172(a), Government Code, is amended
12	10		to read as follows:
13	11		(a) A person is eligible for a license to carry a handgun if
14	12		the person:
15	13		(1) is a legal resident of this state for the six-month
16	14		period preceding the date of application under this subchapter or
17	15		is otherwise eligible for a license under Section 411.173(a);
18	16		(2) is at least 21 years of age;
19		-	(3) has not been convicted of a felony;
20		-	(4) is not [charged with the commission of a Class A or
	17	+	(3) [has not been convicted of a felony;
	18	+	[(4) is not charged with the commission of a Class A or
21	19		Class B misdemeanor or equivalent offense, or of an offense under
22		-	Section 42.01, Penal Code, or equivalent offense, or of a felony]
23		-	under an [information or] indictment for:
24		-	(A) a federal offense punishable by imprisonment
25		-	for a term exceeding one year, other than antitrust violations,
26		-	unfair trade practices, restraints of trade, or other similar
27		-	offenses relating to the regulation of business practices; or
28		-	(B) an offense under state law punishable by
29		-	imprisonment for a term of more than two years;
30		-	(5) is not a fugitive from justice for a felony or a
	20	+	Section 42.01, Penal Code, or equivalent offense, or of a felony
	21	+	under an information or indictment;
	22	+	[(5) is not a fugitive from justice for a felony or a
31	23		Class A or Class B misdemeanor or equivalent offense;
32		-	(6) is not [a] chemically dependent on a controlled
33		-	substance [person];
34		-	(7) has not been involuntarily committed to a mental
35		-	institution or adjudicated as a mental defective [is not incapable
36		-	of exercising sound judgment with respect to the proper use and
37		-	storage of a handgun];
38		-	(8) [has not, in the five years preceding the date of
	24	+	[(6) is not a chemically dependent person;
	25	+	[(7) is not incapable of exercising sound judgment
	26	+	with respect to the proper use and storage of a handgun;
	27	+	[(8) has not, in the five years preceding the date of
39	28		application, been convicted of a Class A or Class B misdemeanor or
40	29		equivalent offense or of an offense under Section 42.01, Penal
41	30		Code, or equivalent offense;
42	31		[(9)] is not prohibited by [fully qualified under]
43		-	applicable federal or [and] state law from possessing a firearm [to
44		-	purchase a handgun];
45		-	(9) is not illegally or unlawfully in the United
46		-	States;
47		-	(10) has not been discharged from the United States
48		-	armed forces under dishonorable conditions;
49		-	(11) has not renounced the person's United States
50		-	citizenship;
51		-	(12) is not prohibited from possessing firearms for a
52		-	misdemeanor crime of domestic violence under Section 46.04(b),
53		-	Penal Code, or 18 U.S.C. Section 922(g)(9);
54		-	(13) [(10) has not been finally determined to be
55		-	delinquent in making a child support payment administered or
56		-	collected by the attorney general;
	32	+	applicable federal or [and] state law from possessing [to purchase]
	33	+	a firearm [handgun];
	34	+	[(10) has not been finally determined to be delinquent
	35	+	in making a child support payment administered or collected by the
	36	+	attorney general;
57	37		[(11) has not been finally determined to be delinquent
58	38		in the payment of a tax or other money collected by the comptroller,
59	39		the tax collector of a political subdivision of the state, or any
60	40		agency or subdivision of the state;
61		-	[(12)] is not currently prohibited from possessing a
62		-	firearm [restricted] under:
63		-	(A) a [court] protective order issued under Title
64		-	4, Family Code, or Subchapter A or B, Chapter 7B, Code of Criminal
65		-	Procedure;
66		-	(B) a protective order issued by another
67		-	jurisdiction as provided by Chapter 88, Family Code; or
68		-	(C) a magistrate's order for emergency
69		-	protection under Article 17.292, Code of Criminal Procedure
70		-	[subject to a restraining order affecting the spousal relationship,
71		-	other than a restraining order solely affecting property interests;
	41	+	[(12) is not currently restricted under a court
	42	+	protective order or subject to a restraining order affecting the
	43	+	spousal relationship, other than a restraining order solely
	44	+	affecting property interests;
72	45		[(13) has not, in the 10 years preceding the date of
73	46		application, been adjudicated as having engaged in delinquent
74		-	conduct violating a penal law of the grade of felony]; and
75		-	(14) has not made any material ~~misrepresentation, or~~
76		-	failed to disclose any material fact, in an ~~application submitted~~
77		-	pursuant to Section 411.174.
	47	+	conduct violating a penal law of the grade of felony;] and
	48	+	(4) [(14)] has not made any material
	49	+	misrepresentation, or failed to disclose any material fact, in an
	50	+	application submitted pursuant to Section 411.174.
78	51		SECTION 2. Sections 411.186(a), (c), and (d), Government
79	52		Code, are amended to read as follows:
80	53		(a) The department shall revoke a license under this section
81	54		if the license holder:
82	55		(1) was not entitled to the license at the time it was
83	56		issued;
84	57		(2) made a material misrepresentation or failed to
85	58		disclose a material fact in an application submitted under this
86	59		subchapter;
87	60		(3) subsequently becomes ineligible for a license
88	61		under Section 411.172[, unless the sole basis for the ineligibility
89	62		is that the license holder is charged with the commission of a Class
90	63		A or Class B misdemeanor or equivalent offense, or of an offense
91	64		under Section 42.01, Penal Code, or equivalent offense, or of a
92	65		felony under an information or indictment]; or
93	66		(4) [is convicted of an offense under Section 46.035,
94	67		Penal Code;
95	68		[(5) is determined by the department to have engaged
96	69		in conduct constituting a reason to suspend a license listed in
97	70		Section 411.187(a) after the person's license has been previously
98	71		suspended twice for the same reason; or
99	72		[(6)] submits an application fee that is dishonored or
100	73		reversed if the applicant fails to submit a cashier's check or money
101	74		order made payable to the "Texas Department of Public Safety [of the
102	75		State of Texas]" in the amount of the dishonored or reversed fee,
103	76		plus $25, within 30 days of being notified by the department that
104	77		the fee was dishonored or reversed.
105	78		(c) A license holder whose license is revoked for a reason
106	79		listed in Subsection (a)(1), (2), or (3) [Subsections (a)(1)-(5)]
107	80		may reapply as a new applicant for the issuance of a license under
108	81		this subchapter after the second anniversary of the date of the
109	82		revocation if the cause for revocation does not exist on the date of
110	83		the second anniversary. If the cause for revocation exists on the
111	84		date of the second anniversary after the date of revocation, the
112	85		license holder may not apply for a new license until the cause for
113	86		revocation no longer exists and has not existed for a period of two
114	87		years.
115	88		(d) A license holder whose license is revoked under
116	89		Subsection (a)(4) [(a)(6)] may reapply for an original or renewed
117	90		license at any time, provided the application fee and a dishonored
118	91		payment charge of $25 is paid by cashier's check or money order made
119	92		payable to the "Texas Department of Public Safety."
120	93		SECTION 3. Sections 411.187(a) and (c), Government Code,
121	94		are amended to read as follows:
122	95		(a) The department shall suspend a license under this
123	96		section if the license holder:
124	97		(1) is charged with the commission of an offense and,
125	98		if convicted of the offense, the person would be ineligible under
126	99		federal or state law to possess a firearm [a Class A or Class B
127	100		misdemeanor or equivalent offense, or of an offense under Section
128	101		42.01, Penal Code, or equivalent offense, or of a felony under an
129	102		information or indictment];
130	103		(2) fails to notify the department of a change of
131	104		address, name, or status as required by Section 411.181; or
132	105		(3) [commits an act of family violence and] is the
133	106		subject of an active protective order that causes the person to
134	107		become ineligible under federal or state law to possess a firearm
135	108		[rendered under Title 4, Family Code; or
136	109		[(4) is arrested for an offense involving family
137	110		violence or an offense under Section 42.072, Penal Code, and is the
138	111		subject of an order for emergency protection issued under Article
139	112		17.292, Code of Criminal Procedure].
140	113		(c) The department shall suspend a license under this
141	114		section:
142	115		(1) for 30 days, if the person's license is subject to
143	116		suspension for a reason listed in Subsection (a)(2)[, (3), or (4),
144	117		except as provided by Subdivision (2)];
145	118		(2) [for not less than one year and not more than three
146	119		years, if the person's license:
147	120		[(A) is subject to suspension for a reason listed
148	121		in Subsection (a), other than the reason listed in Subsection
149	122		(a)(1); and
150	123		[(B) has been previously suspended for the same
151	124		reason;
152	125		[(3)] until dismissal of the charges, if the person's
153	126		license is subject to suspension for the reason listed in
154	127		Subsection (a)(1); or
155	128		(3) [(4)] for the duration of or the period specified
156	129		by[:
157	130		[(A)] the protective order [issued under Title 4,
158	131		Family Code,] if the person's license is subject to suspension for
159	132		the reason listed in Subsection (a)(3) [(a)(5); or
160	133		[(B) the order for emergency protection issued under
161	134		Article 17.292, Code of Criminal Procedure, if the person's license
162	135		is subject to suspension for the reason listed in Subsection
163	136		(a)(6)].
164	137		SECTION 4. Section 411.201(c), Government Code, is amended
165	138		to read as follows:
166	139		(c) An active judicial officer is eligible for a license to
167	140		carry a handgun under the authority of this subchapter. A retired
168	141		judicial officer is eligible for a license to carry a handgun under
169	142		the authority of this subchapter if the officer meets the
170	143		requirements under Section 411.172[:
171	144		[(1) has not been convicted of a felony;
172	145		[(2) has not, in the five years preceding the date of
173	146		application, been convicted of a Class A or Class B misdemeanor or
174	147		equivalent offense;
175	148		[(3) is not charged with the commission of a Class A or
176	149		Class B misdemeanor or equivalent offense or of a felony under an
177	150		information or indictment;
178	151		[(4) is not a chemically dependent person; and
179	152		[(5) is not a person of unsound mind].
180	153		SECTION 5. The following provisions of the Government Code
181	154		are repealed:
182	155		(1) Sections 411.171(2), (4), and (6);
183	156		(2) Section 411.1711;
184	157		(3) Sections 411.172(b), (b-1), (c), (d), (e), and
185	158		(f); and
186	159		(4) Section 411.206(c).
187	160		SECTION 6. The changes in law made by this Act to Sections
188	161		411.172 and 411.201, Government Code, apply only to an application
189	162		for the issuance, modification, or renewal of a license that is
190	163		submitted to the Department of Public Safety on or after the
191	164		effective date of this Act. An application submitted before the
192	165		effective date of this Act is governed by the law in effect on the
193	166		date the application was submitted, and the former law is continued
194	167		in effect for that purpose.
195	168		SECTION 7. The changes in law made by this Act to Sections
196	169		411.186 and 411.187, Government Code, apply only to an
197	170		administrative or judicial determination concerning the revocation
198	171		or suspension of a license to carry a handgun that is made on or
199	172		after the effective date of this Act. An administrative or judicial
200	173		determination made before the effective date of this Act is
201	174		governed by the law in effect on the date the determination was
202	175		made, and the former law is continued in effect for that purpose.
203	176		SECTION 8. This Act takes effect September 1, 2021.