Texas 2023 - 88th Regular

Texas House Bill HB4526 Compare Versions

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1	1	88R12776 JSC-F
2	2	By: Slaton H.B. No. 4526
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application requirements for a license to carry a
8	8	handgun.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.174(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) An applicant for a license to carry a handgun must
13	13	submit to the director's designee described by Section 411.176:
14	14	(1) a completed application on a form provided by the
15	15	department that requires only the information listed in Subsection
16	16	(b);
17	17	(2) one or more photographs of the applicant that meet
18	18	the requirements of the department;
19	19	(3) a certified copy of the applicant's birth
20	20	certificate or certified proof of age;
21	21	(4) proof of residency in this state;
22	22	(5) [two complete sets of legible and classifiable
23	23	fingerprints of the applicant taken by a person appropriately
24	24	trained in recording fingerprints who is employed by a law
25	25	enforcement agency or by a private entity designated by a law
26	26	enforcement agency as an entity qualified to take fingerprints of
27	27	an applicant for a license under this subchapter;
28	28	[(6)] a nonrefundable application and license fee of
29	29	$40 paid to the department;
30	30	(6) [(7)] evidence of handgun proficiency, in the form
31	31	and manner required by the department;
32	32	(7) [(8)] an affidavit signed by the applicant stating
33	33	that the applicant:
34	34	(A) has read and understands each provision of
35	35	this subchapter that creates an offense under the laws of this state
36	36	and each provision of the laws of this state related to use of
37	37	deadly force; and
38	38	(B) fulfills all the eligibility requirements
39	39	listed under Section 411.172; and
40	40	(8) [(9)] a form executed by the applicant that
41	41	authorizes the director to make an inquiry into any noncriminal
42	42	history records that are necessary to determine the applicant's
43	43	eligibility for a license under Section 411.172(a).
44	44	SECTION 2. Section 411.176(b), Government Code, is amended
45	45	to read as follows:
46	46	(b) The director's designee as needed shall conduct an
47	47	additional criminal history record check of the applicant and an
48	48	investigation of the applicant's local official records to verify
49	49	the accuracy of the application materials. The director's designee
50	50	may access any records necessary for purposes of this subsection.
51	51	The scope of the record check and the investigation are at the sole
52	52	discretion of the department, except that the director's designee
53	53	shall complete the record check and investigation not later than
54	54	the 60th day after the date the department receives the application
55	55	materials. The department shall contact [send a fingerprint card
56	56	to] the Federal Bureau of Investigation to obtain [for] a national
57	57	criminal history check of the applicant. On completion of the
58	58	investigation, the director's designee shall return all materials
59	59	and the result of the investigation to the appropriate division of
60	60	the department at its Austin headquarters.
61	61	SECTION 3. Section 411.199(b), Government Code, is amended
62	62	to read as follows:
63	63	(b) The person shall submit [two complete sets of legible
64	64	and classifiable fingerprints and] a sworn statement from the head
65	65	of the law enforcement agency that employed the applicant or other
66	66	former employer of the applicant, as applicable. A head of a law
67	67	enforcement agency or other former employer may not refuse to issue
68	68	a statement under this subsection. If the applicant alleges that
69	69	the statement is untrue, the department shall investigate the
70	70	validity of the statement. The statement must include:
71	71	(1) the name and rank of the applicant;
72	72	(2) the status of the applicant before retirement;
73	73	(3) whether the applicant was accused of misconduct at
74	74	the time of the retirement;
75	75	(4) the physical and mental condition of the
76	76	applicant;
77	77	(5) the type of weapons the applicant had demonstrated
78	78	proficiency with during the last year of employment;
79	79	(6) whether the applicant would be eligible for
80	80	reemployment with the agency or employer, and if not, the reasons
81	81	the applicant is not eligible;
82	82	(7) a recommendation from the agency head or the
83	83	employer regarding the issuance of a license under this subchapter;
84	84	and
85	85	(8) whether the applicant holds a current certificate
86	86	of proficiency under Section 1701.357, Occupations Code.
87	87	SECTION 4. Section 411.1992(b), Government Code, is amended
88	88	to read as follows:
89	89	(b) The applicant shall submit to the department [two
90	90	complete sets of legible and classifiable fingerprints and] a sworn
91	91	statement from the head of the law enforcement agency at which the
92	92	applicant last served as a reserve law enforcement officer. A head
93	93	of a law enforcement agency may not refuse to issue a statement
94	94	under this subsection. If the applicant alleges that the statement
95	95	is untrue, the department shall investigate the validity of the
96	96	statement. The statement must include:
97	97	(1) the name and rank of the applicant;
98	98	(2) the status of the applicant;
99	99	(3) whether the applicant was accused of misconduct at
100	100	any time during the applicant's term of service and the disposition
101	101	of that accusation;
102	102	(4) a description of the physical and mental condition
103	103	of the applicant;
104	104	(5) a list of the types of weapons the applicant
105	105	demonstrated proficiency with during the applicant's term of
106	106	service; and
107	107	(6) a recommendation from the agency head regarding
108	108	the issuance of a license under this subchapter.
109	109	SECTION 5. Section 411.201(d), Government Code, is amended
110	110	to read as follows:
111	111	(d) An applicant for a license who is an active or retired
112	112	judicial officer must submit to the department:
113	113	(1) a completed application, including all required
114	114	affidavits, on a form prescribed by the department;
115	115	(2) one or more photographs of the applicant that meet
116	116	the requirements of the department;
117	117	(3) [two complete sets of legible and classifiable
118	118	fingerprints of the applicant, including one set taken by a person
119	119	employed by a law enforcement agency who is appropriately trained
120	120	in recording fingerprints;
121	121	[(4)] evidence of handgun proficiency, in the form and
122	122	manner required by the department for an applicant under this
123	123	section;
124	124	(4) [(5)] a nonrefundable application and license fee
125	125	of $25; and
126	126	(5) [(6)] if the applicant is a retired judicial
127	127	officer, a form executed by the applicant that authorizes the
128	128	department to make an inquiry into any noncriminal history records
129	129	that are necessary to determine the applicant's eligibility for a
130	130	license under this subchapter.
131	131	SECTION 6. Section 118.0217(a), Local Government Code, is
132	132	amended to read as follows:
133	133	(a) The fee for a "mental health background check for
134	134	license to carry a handgun" is for a check, conducted by the county
135	135	clerk at the request of the Texas Department of Public Safety, of
136	136	the county records involving the mental condition of a person who
137	137	applies for a license to carry a handgun under Subchapter H, Chapter
138	138	411, Government Code. The fee, not to exceed $2, will be paid from
139	139	the application fee submitted to the Department of Public Safety
140	140	according to Section 411.174(a)(5) [411.174(a)(6)], Government
141	141	Code.
142	142	SECTION 7. Section 411.175, Government Code, is repealed.
143	143	SECTION 8. The change in law made by this Act applies only
144	144	to an applicant for a license to carry a handgun under Subchapter H,
145	145	Chapter 411, Government Code, as amended by this Act, who submits
146	146	the application for the license on or after the effective date of
147	147	this Act.
148	148	SECTION 9. This Act takes effect September 1, 2023.