| 1 | 1 | | 88R12038 JSC-F |
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| 2 | 2 | | By: Dorazio H.B. No. 4663 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the age at which a person is eligible for a license to |
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| 8 | 8 | | carry a handgun. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.047(b), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) Such statistics shall be drawn and reported annually |
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| 13 | 13 | | from the Department of Public Safety computerized criminal history |
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| 14 | 14 | | file on persons 18 [21] years of age and older and shall be compared |
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| 15 | 15 | | in numerical and graphical format to all like offenses committed in |
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| 16 | 16 | | the state for the reporting period as a percentage of the total of |
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| 17 | 17 | | such reported offenses. |
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| 18 | 18 | | SECTION 2. Section 411.172(a), Government Code, is amended |
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| 19 | 19 | | to read as follows: |
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| 20 | 20 | | (a) A person is eligible for a license to carry a handgun if |
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| 21 | 21 | | the person: |
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| 22 | 22 | | (1) is a legal resident of this state for the six-month |
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| 23 | 23 | | period preceding the date of application under this subchapter or |
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| 24 | 24 | | is otherwise eligible for a license under Section 411.173(a); |
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| 25 | 25 | | (2) is at least 18 [21] years of age; |
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| 26 | 26 | | (3) has not been convicted of a felony; |
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| 27 | 27 | | (4) is not charged with the commission of a Class A or |
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| 28 | 28 | | Class B misdemeanor or equivalent offense, or of an offense under |
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| 29 | 29 | | Section 42.01, Penal Code, or equivalent offense, or of a felony |
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| 30 | 30 | | under an information or indictment; |
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| 31 | 31 | | (5) is not a fugitive from justice for a felony or a |
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| 32 | 32 | | Class A or Class B misdemeanor or equivalent offense; |
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| 33 | 33 | | (6) is not a chemically dependent person; |
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| 34 | 34 | | (7) is not incapable of exercising sound judgment with |
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| 35 | 35 | | respect to the proper use and storage of a handgun; |
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| 36 | 36 | | (8) has not, in the five years preceding the date of |
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| 37 | 37 | | application, been convicted of a Class A or Class B misdemeanor or |
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| 38 | 38 | | equivalent offense or of an offense under Section 42.01, Penal |
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| 39 | 39 | | Code, or equivalent offense; |
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| 40 | 40 | | (9) is fully qualified under applicable federal and |
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| 41 | 41 | | state law to possess [purchase] a handgun; |
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| 42 | 42 | | (10) has not been finally determined to be delinquent |
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| 43 | 43 | | in making a child support payment administered or collected by the |
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| 44 | 44 | | attorney general; |
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| 45 | 45 | | (11) has not been finally determined to be delinquent |
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| 46 | 46 | | in the payment of a tax or other money collected by the comptroller, |
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| 47 | 47 | | the tax collector of a political subdivision of the state, or any |
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| 48 | 48 | | agency or subdivision of the state; |
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| 49 | 49 | | (12) is not currently restricted under a court |
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| 50 | 50 | | protective order or subject to a restraining order affecting the |
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| 51 | 51 | | spousal relationship, other than a restraining order solely |
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| 52 | 52 | | affecting property interests; |
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| 53 | 53 | | (13) has not, in the 10 years preceding the date of |
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| 54 | 54 | | application, been adjudicated as having engaged in delinquent |
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| 55 | 55 | | conduct violating a penal law of the grade of felony; and |
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| 56 | 56 | | (14) has not made any material misrepresentation, or |
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| 57 | 57 | | failed to disclose any material fact, in an application submitted |
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| 58 | 58 | | pursuant to Section 411.174. |
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| 59 | 59 | | SECTION 3. Section 411.179(a), Government Code, as amended |
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| 60 | 60 | | by Chapters 203 (H.B. 918), 383 (S.B. 1134), and 821 (H.B. 2675), |
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| 61 | 61 | | Acts of the 87th Legislature, Regular Session, 2021, is reenacted |
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| 62 | 62 | | and amended to read as follows: |
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| 63 | 63 | | (a) The department by rule shall adopt the form of the |
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| 64 | 64 | | license. A license must include: |
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| 65 | 65 | | (1) a number assigned to the license holder by the |
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| 66 | 66 | | department; |
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| 67 | 67 | | (2) a statement of the period for which the license is |
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| 68 | 68 | | effective; |
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| 69 | 69 | | (3) a photograph of the license holder; |
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| 70 | 70 | | (4) the license holder's full name, date of birth, hair |
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| 71 | 71 | | and eye color, height, weight, and signature; |
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| 72 | 72 | | (5) the license holder's residence address or, as |
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| 73 | 73 | | provided by Subsection (d), the street address of the courthouse in |
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| 74 | 74 | | which the license holder or license holder's spouse or parent |
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| 75 | 75 | | serves as a federal judge or the license holder serves as a state |
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| 76 | 76 | | judge; |
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| 77 | 77 | | (6) the number of a driver's license or an |
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| 78 | 78 | | identification certificate issued to the license holder by the |
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| 79 | 79 | | department; |
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| 80 | 80 | | (7) the designation "VETERAN" if required under |
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| 81 | 81 | | Subsection (e); and |
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| 82 | 82 | | (8) any at-risk designation for which the license |
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| 83 | 83 | | holder has established eligibility under Section 411.184 |
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| 84 | 84 | | [(8) if applicable, a protective order designation |
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| 85 | 85 | | under Section 411.1735]. |
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| 86 | 86 | | SECTION 4. Section 411.205, Government Code, is amended to |
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| 87 | 87 | | read as follows: |
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| 88 | 88 | | Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license |
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| 89 | 89 | | holder is carrying a handgun on or about the license holder's person |
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| 90 | 90 | | when a magistrate or a peace officer demands that the license holder |
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| 91 | 91 | | display identification, the license holder shall display[: |
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| 92 | 92 | | [(1)] both the license holder's driver's license or |
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| 93 | 93 | | identification certificate issued by the department and the license |
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| 94 | 94 | | holder's handgun license[; and |
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| 95 | 95 | | [(2) if the license holder's handgun license bears a |
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| 96 | 96 | | protective order designation, a copy of the applicable court order |
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| 97 | 97 | | under which the license holder is protected]. |
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| 98 | 98 | | SECTION 5. Sections 411.172(g), (h), and (i) and 411.1735, |
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| 99 | 99 | | Government Code, are repealed. |
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| 100 | 100 | | SECTION 6. A handgun license that bears a protective order |
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| 101 | 101 | | designation under former Section 411.1735, Government Code, as |
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| 102 | 102 | | repealed by this Act, and that is valid on the effective date of |
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| 103 | 103 | | this Act remains valid until the 22nd birthday of the license |
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| 104 | 104 | | holder, regardless of whether the license holder continues to be |
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| 105 | 105 | | protected under a protective order described by former Section |
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| 106 | 106 | | 411.172(i), Government Code, as repealed by this Act. A license |
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| 107 | 107 | | holder described by this subsection may apply for a handgun license |
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| 108 | 108 | | that does not bear the protective order designation by using the |
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| 109 | 109 | | renewal procedure under Section 411.185, Government Code, |
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| 110 | 110 | | regardless of whether the license that bears the designation has |
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| 111 | 111 | | expired or is about to expire. |
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| 112 | 112 | | SECTION 7. This Act takes effect September 1, 2023. |
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