Texas 2021 - 87th Regular

Texas Senate Bill SB2247 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Huffman, et al. S.B. No. 2247
2		-	(Geren)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the removal of a fee for the issuance of an original,
8	7		duplicate, modified, or renewed license to carry a handgun.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 411.0625(c), Government Code, is amended
11	10		to read as follows:
12	11		(c) The department shall adopt rules to establish a
13	12		procedure by which a resident of the state may apply for and be
14	13		issued a Capitol access pass. Rules adopted under this section
15	14		must include provisions for eligibility, application, approval,
16	15		issuance, and renewal that:
17	16		(1) require the department to conduct the same
18	17		background check on an applicant for a Capitol access pass that is
19	18		conducted on an applicant for a license to carry a handgun under
20	19		Subchapter H;
21	20		(2) enable the department to conduct the background
22	21		check described by Subdivision (1); and
23	22		(3) establish application and renewal fees in amounts
24	23		sufficient to cover the cost of administering this section[, not to
25	24		exceed the amounts of similar fees required under Section 411.174
26	25		for a license to carry a handgun].
27	26		SECTION 2. Section 411.173(a), Government Code, is amended
28	27		to read as follows:
29	28		(a) The department by rule shall establish a procedure for a
30	29		person who meets the eligibility requirements of this subchapter
31	30		other than the residency requirement established by Section
32	31		411.172(a)(1) to obtain a license under this subchapter if the
33	32		person is a legal resident of another state or if the person
34	33		relocates to this state with the intent to establish residency in
35	34		this state. [The procedure must include payment of a fee in an
36	35		amount sufficient to recover the average cost to the department of
37	36		obtaining a criminal history record check and investigation on a
38	37		nonresident applicant.] A license issued in accordance with the
39	38		procedure established under this subsection:
40	39		(1) remains in effect until the license expires under
41	40		Section 411.183; and
42	41		(2) may be renewed under Section 411.185.
43	42		SECTION 3. Section 411.174(a), Government Code, is amended
44	43		to read as follows:
45	44		(a) An applicant for a license to carry a handgun must
46	45		submit to the director's designee described by Section 411.176:
47	46		(1) a completed application on a form provided by the
48	47		department that requires only the information listed in Subsection
49	48		(b);
50	49		(2) one or more photographs of the applicant that meet
51	50		the requirements of the department;
52	51		(3) a certified copy of the applicant's birth
53	52		certificate or certified proof of age;
54	53		(4) proof of residency in this state;
55	54		(5) two complete sets of legible and classifiable
56	55		fingerprints of the applicant taken by a person appropriately
57	56		trained in recording fingerprints who is employed by a law
58	57		enforcement agency or by a private entity designated by a law
59	58		enforcement agency as an entity qualified to take fingerprints of
60	59		an applicant for a license under this subchapter;
61	60		(6) [a nonrefundable application and license fee of
62	61		$40 paid to the department;
63	62		[(7)] evidence of handgun proficiency, in the form and
64	63		manner required by the department;
65	64		(7) [(8)] an affidavit signed by the applicant stating
66	65		that the applicant:
67	66		(A) has read and understands each provision of
68	67		this subchapter that creates an offense under the laws of this state
69	68		and each provision of the laws of this state related to use of
70	69		deadly force; and
71	70		(B) fulfills all the eligibility requirements
72	71		listed under Section 411.172; and
73	72		(8) [(9)] a form executed by the applicant that
74	73		authorizes the director to make an inquiry into any noncriminal
75	74		history records that are necessary to determine the applicant's
76	75		eligibility for a license under Section 411.172(a).
77	76		SECTION 4. Section 411.179, Government Code, is amended by
78	77		amending Subsection (e) and adding Subsection (f) to read as
79	78		follows:
80	79		(e) [In this subsection, "veteran" has the meaning assigned
81	80		by Section 411.1951.] The department shall include the designation
82	81		"VETERAN" on the face of any original, duplicate, modified, or
83	82		renewed license under this subchapter or on the reverse side of the
84	83		license, as determined by the department, if the license is issued
85	84		to a veteran who:
86	85		(1) requests the designation; and
87	86		(2) provides proof sufficient to the department of the
88	87		veteran's military service and honorable discharge.
89	88		(f) For purposes of Subsection (e), "veteran" means a person
90	89		who:
91	90		(1) has served in:
92	91		(A) the army, navy, air force, coast guard, or
93	92		marine corps of the United States;
94	93		(B) the Texas military forces as defined by
95	94		Section 437.001; or
96	95		(C) an auxiliary service of one of those branches
97	96		of the armed forces; and
98	97		(2) has been honorably discharged from the branch of
99	98		the service in which the person served.
100	99		SECTION 5. Section 411.181(h), Government Code, is amended
101	100		to read as follows:
102	101		(h) If a license holder is required under this section to
103	102		apply for a duplicate license and the license expires not later than
104	103		the 60th day after the date of the loss, theft, or destruction of
105	104		the license, the applicant may renew the license with the modified
106	105		information included on the new license. [The applicant must pay
107	106		only the nonrefundable renewal fee.]
108	107		SECTION 6. Section 411.185(a), Government Code, is amended
109	108		to read as follows:
110	109		(a) To renew a license, a license holder must, on or before
111	110		the date the license expires, submit to the department by mail or,
112	111		in accordance with the procedure adopted under Subsection (f), on
113	112		the Internet:
114	113		(1) a renewal application on a form provided by the
115	114		department;
116	115		[(2) payment of a nonrefundable renewal fee of $40;]
117	116		and
118	117		(2) [(3)] the informational form described by
119	118		Subsection (c) signed or electronically acknowledged by the
120	119		applicant.
121	120		SECTION 7. Sections 411.186(a) and (c), Government Code,
122	121		are amended to read as follows:
123	122		(a) The department shall revoke a license under this section
124	123		if the license holder:
125	124		(1) was not entitled to the license at the time it was
126	125		issued;
127	126		(2) made a material misrepresentation or failed to
128	127		disclose a material fact in an application submitted under this
129	128		subchapter;
130	129		(3) subsequently becomes ineligible for a license
131	130		under Section 411.172, unless the sole basis for the ineligibility
132	131		is that the license holder is charged with the commission of a Class
133	132		A or Class B misdemeanor or equivalent offense, or of an offense
134	133		under Section 42.01, Penal Code, or equivalent offense, or of a
135	134		felony under an information or indictment;
136	135		(4) is convicted of an offense under Section 46.035,
137	136		Penal Code; or
138	137		(5) is determined by the department to have engaged in
139	138		conduct constituting a reason to suspend a license listed in
140	139		Section 411.187(a) after the person's license has been previously
141	140		suspended twice for the same reason[; or
142	141		[(6) submits an application fee that is dishonored or
143	142		reversed if the applicant fails to submit a cashier's check or money
144	143		order made payable to the "Department of Public Safety of the State
145	144		of Texas" in the amount of the dishonored or reversed fee, plus $25,
146	145		within 30 days of being notified by the department that the fee was
147	146		dishonored or reversed].
148	147		(c) A license holder whose license is revoked for a reason
149	148		listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a
150	149		new applicant for the issuance of a license under this subchapter
151	150		after the second anniversary of the date of the revocation if the
152	151		cause for revocation does not exist on the date of the second
153	152		anniversary. If the cause for revocation exists on the date of the
154	153		second anniversary after the date of revocation, the license holder
155	154		may not apply for a new license until the cause for revocation no
156	155		longer exists and has not existed for a period of two years.
157	156		SECTION 8. Section 411.190(c), Government Code, is amended
158	157		to read as follows:
159	158		(c) In the manner applicable to a person who applies for a
160	159		license to carry a handgun, the department shall conduct a
161	160		background check of a person who applies for certification as a
162	161		qualified handgun instructor or approved online course provider.
163	162		If the background check indicates that the applicant for
164	163		certification would not qualify to receive a handgun license, the
165	164		department may not certify the applicant as a qualified handgun
166	165		instructor or approved online course provider. If the background
167	166		check indicates that the applicant for certification would qualify
168	167		to receive a handgun license, the department shall provide handgun
169	168		instructor or online course provider training to the applicant.
170	169		The applicant shall pay a fee of $100 to the department for the
171	170		training. The applicant must take and successfully complete the
172	171		training offered by the department and pay the training fee before
173	172		the department may certify the applicant as a qualified handgun
174	173		instructor or approved online course provider. The department
175	174		shall issue a license to carry a handgun under the authority of this
176	175		subchapter to any person who is certified as a qualified handgun
177	176		instructor or approved online course provider [and who pays to the
178	177		department a fee of $40 in addition to the training fee]. The
179	178		department by rule may prorate or waive the training fee for an
180	179		employee of another governmental entity.
181	180		SECTION 9. Sections 411.201(d) and (h), Government Code,
182	181		are amended to read as follows:
183	182		(d) An applicant for a license who is an active or retired
184	183		judicial officer must submit to the department:
185	184		(1) a completed application, including all required
186	185		affidavits, on a form prescribed by the department;
187	186		(2) one or more photographs of the applicant that meet
188	187		the requirements of the department;
189	188		(3) two complete sets of legible and classifiable
190	189		fingerprints of the applicant, including one set taken by a person
191	190		employed by a law enforcement agency who is appropriately trained
192	191		in recording fingerprints;
193	192		(4) evidence of handgun proficiency, in the form and
194	193		manner required by the department for an applicant under this
195	194		section;
196	195		[(5) a nonrefundable application and license fee of
197	196		$25;] and
198	197		(5) [(6)] if the applicant is a retired judicial
199	198		officer, a form executed by the applicant that authorizes the
200	199		department to make an inquiry into any noncriminal history records
201	200		that are necessary to determine the applicant's eligibility for a
202	201		license under this subchapter.
203	202		(h) The department shall issue a license to carry a handgun
204	203		under the authority of this subchapter to a United States attorney
205	204		or an assistant United States attorney, or to an attorney elected or
206	205		employed to represent the state in the prosecution of felony cases,
207	206		who meets the requirements of this section for an active judicial
208	207		officer. [The department shall waive any fee required for the
209	208		issuance of an original, duplicate, or renewed license under this
210	209		subchapter for an applicant who is a United States attorney or an
211	210		assistant United States attorney or who is an attorney elected or
212	211		employed to represent the state in the prosecution of felony
213	212		cases.]
214	213		SECTION 10. Section 118.011(b), Local Government Code, is
215	214		amended to read as follows:
216	215		(b) The county clerk may set and collect the following fee
217	216		from any person:
218	217		(1) Returned Check (Sec. 118.0215) . . . . . . not
219	218		less than $15 or more than $30
220	219		(2) Records Management and Preservation Fee (Sec.
221	220		118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $10
222	221		(3) [Mental Health Background Check for License to
223	222		Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
224	223		[(4)] Marriage License for Out-of-State Applicants
225	224		(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
226	225		SECTION 11. The following provisions are repealed:
227	226		(1) Sections 411.181(d) and (i), 411.186(d), 411.194,
228	227		411.195, 411.1951, 411.1953, 411.1954, 411.199(d), 411.1991(c),
229	228		411.1992(d), 411.1993(e), and 411.1994(d), Government Code; and
230	229		(2) Section 118.0217, Local Government Code.
231	230		SECTION 12. The change in law made by this Act applies only
232	231		to an applicant for an original, duplicate, modified, or renewed
233	232		license to carry a handgun under Subchapter H, Chapter 411,
234	233		Government Code, as amended by this Act, who submits the
235	234		application on or after the effective date of this Act.
236	235		SECTION 13. This Act takes effect September 1, 2021.