By: Canales, et al. (Senate Sponsor - Hinojosa) H.B. No. 3443
(In the Senate - Received from the House May 9, 2023;
May 10, 2023, read first time and referred to Committee on
Transportation; May 17, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to adding a designation on a person's driver's license or
commercial driver's license indicating that the person is licensed
to carry a handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 507.001(b), Business & Commerce Code, is
amended to read as follows:
(b) This section does not affect:
(1) the requirement to display a handgun license under
Section 411.205, Government Code[, that a person subject to that
section present a driver's license or identification certificate in
addition to a concealed handgun license]; or
(2) the types of identification required under federal
law to access airport premises or pass through airport security.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1795 to read as follows:
Sec. 411.1795. DESIGNATION ON DRIVER'S LICENSE OR
COMMERCIAL DRIVER'S LICENSE. The department shall adopt rules
allowing an applicant for an original, duplicate, modified, or
renewed license under this subchapter, in addition to being issued
an original, duplicate, modified, or renewed license, to elect to
include on the person's driver's license or commercial driver's
license a designation indicating that the person is licensed under
this subchapter. The rules must include procedures to ensure that a
person who makes an election under this section:
(1) receives a designation on the person's driver's
license or commercial driver's license only if the person meets the
requirements for issuance of the original, duplicate, modified, or
renewed handgun license; and
(2) maintains the designation only during the period
for which the person is licensed to carry a handgun under this
subchapter.
SECTION 3. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
holder is carrying a handgun on or about the license holder's person
when a magistrate or a peace officer demands that the license holder
display identification, the license holder shall display:
(1) either of the following:
(A) the license holder's driver's license or
commercial driver's license that includes a handgun license
designation under Section 521.128 or 522.030, Transportation Code;
or
(B) both the license holder's driver's license,
commercial driver's license, or personal identification
certificate issued by the department and the license holder's
handgun license; and
(2) if the license holder's handgun license bears a
protective order designation, a copy of the applicable court order
under which the license holder is protected.
SECTION 4. Subchapter F, Chapter 521, Transportation Code,
is amended by adding Section 521.128 to read as follows:
Sec. 521.128. HANDGUN LICENSE DESIGNATION. The department
shall include on each driver's license issued to a person licensed
to carry a handgun under Subchapter H, Chapter 411, Government
Code, who makes an election under Section 411.1795, Government
Code, a designation that shows the person is licensed under that
subchapter. The designation must include the person's handgun
license number and a statement of the period for which the handgun
license is effective.
SECTION 5. Section 522.030, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) The department shall include on each commercial
driver's license issued to a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code, who makes an
election under Section 411.1795, Government Code, a designation
that shows the person is licensed under that subchapter. The
designation must include the person's handgun license number and a
statement of the period for which the handgun license is effective.
SECTION 6. Not later than December 1, 2023, the Department
of Public Safety shall adopt the rules required by Section
411.1795, Government Code, as added by this Act.
SECTION 7. (a) Section 411.1795, Government Code, as added
by this Act, applies only to an applicant for an original,
duplicate, modified, or renewed license to carry a handgun under
Subchapter H, Chapter 411, Government Code, as amended by this Act,
who submits the application on or after January 1, 2024.
(b) The changes in law made by this Act to Chapters 521 and
522, Transportation Code, apply only to a driver's license or
commercial driver's license issued or renewed under Chapter 521 or
522, Transportation Code, on or after January 1, 2024.
SECTION 8. This Act takes effect September 1, 2023.
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