Texas 2023 88th Regular

Texas House Bill HB4663 Introduced / Bill

Filed 03/09/2023

                    88R12038 JSC-F
 By: Dorazio H.B. No. 4663


 A BILL TO BE ENTITLED
 AN ACT
 relating to the age at which a person is eligible for a license to
 carry a handgun.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 411.047(b), Government Code, is amended
 to read as follows:
 (b)  Such statistics shall be drawn and reported annually
 from the Department of Public Safety computerized criminal history
 file on persons 18 [21] years of age and older and shall be compared
 in numerical and graphical format to all like offenses committed in
 the state for the reporting period as a percentage of the total of
 such reported offenses.
 SECTION 2.  Section 411.172(a), Government Code, is amended
 to read as follows:
 (a)  A person is eligible for a license to carry a handgun if
 the person:
 (1)  is a legal resident of this state for the six-month
 period preceding the date of application under this subchapter or
 is otherwise eligible for a license under Section 411.173(a);
 (2)  is at least 18 [21] years of age;
 (3)  has not been convicted of a felony;
 (4)  is not charged with the commission of a Class A or
 Class B misdemeanor or equivalent offense, or of an offense under
 Section 42.01, Penal Code, or equivalent offense, or of a felony
 under an information or indictment;
 (5)  is not a fugitive from justice for a felony or a
 Class A or Class B misdemeanor or equivalent offense;
 (6)  is not a chemically dependent person;
 (7)  is not incapable of exercising sound judgment with
 respect to the proper use and storage of a handgun;
 (8)  has not, in the five years preceding the date of
 application, been convicted of a Class A or Class B misdemeanor or
 equivalent offense or of an offense under Section 42.01, Penal
 Code, or equivalent offense;
 (9)  is fully qualified under applicable federal and
 state law to possess [purchase] a handgun;
 (10)  has not been finally determined to be delinquent
 in making a child support payment administered or collected by the
 attorney general;
 (11)  has not been finally determined to be delinquent
 in the payment of a tax or other money collected by the comptroller,
 the tax collector of a political subdivision of the state, or any
 agency or subdivision of the state;
 (12)  is not currently restricted under a court
 protective order or subject to a restraining order affecting the
 spousal relationship, other than a restraining order solely
 affecting property interests;
 (13)  has not, in the 10 years preceding the date of
 application, been adjudicated as having engaged in delinquent
 conduct violating a penal law of the grade of felony; and
 (14)  has not made any material misrepresentation, or
 failed to disclose any material fact, in an application submitted
 pursuant to Section 411.174.
 SECTION 3.  Section 411.179(a), Government Code, as amended
 by Chapters 203 (H.B. 918), 383 (S.B. 1134), and 821 (H.B. 2675),
 Acts of the 87th Legislature, Regular Session, 2021, is reenacted
 and amended to read as follows:
 (a)  The department by rule shall adopt the form of the
 license. A license must include:
 (1)  a number assigned to the license holder by the
 department;
 (2)  a statement of the period for which the license is
 effective;
 (3)  a photograph of the license holder;
 (4)  the license holder's full name, date of birth, hair
 and eye color, height, weight, and signature;
 (5)  the license holder's residence address or, as
 provided by Subsection (d), the street address of the courthouse in
 which the license holder or license holder's spouse or parent
 serves as a federal judge or the license holder serves as a state
 judge;
 (6)  the number of a driver's license or an
 identification certificate issued to the license holder by the
 department;
 (7)  the designation "VETERAN" if required under
 Subsection (e); and
 (8)  any at-risk designation for which the license
 holder has established eligibility under Section 411.184
 [(8)  if applicable, a protective order designation
 under Section 411.1735].
 SECTION 4.  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)]  both the license holder's driver's license or
 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 5.  Sections 411.172(g), (h), and (i) and 411.1735,
 Government Code, are repealed.
 SECTION 6.  A handgun license that bears a protective order
 designation under former Section 411.1735, Government Code, as
 repealed by this Act, and that is valid on the effective date of
 this Act remains valid until the 22nd birthday of the license
 holder, regardless of whether the license holder continues to be
 protected under a protective order described by former Section
 411.172(i), Government Code, as repealed by this Act. A license
 holder described by this subsection may apply for a handgun license
 that does not bear the protective order designation by using the
 renewal procedure under Section 411.185, Government Code,
 regardless of whether the license that bears the designation has
 expired or is about to expire.
 SECTION 7.  This Act takes effect September 1, 2023.