89R1702 EAS-D
By: Guillen H.B. No. 1234
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures required for the denial of certain
applications for a license to carry a handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1765 to read as follows:
Sec. 411.1765. NOTICE BASED ON MEDICAL ADVISORY BOARD
RECOMMENDATION TO DENY APPLICATION. (a) This section applies only
to a recommendation for a denial of an application for an original
or renewal license to carry a handgun that:
(1) is made to the department by a medical advisory
board panel convened under Section 12.095, Health and Safety Code;
and
(2) relates to an applicant's eligibility for a
license to carry a handgun as described by Section 411.172(a)(7).
(b) The department may not deny an application for the
issuance of an original or renewal license to carry a handgun based
on a recommendation to which this section applies, unless the
department first provides the applicant with:
(1) a written notice that specifically states the
reason underlying the recommendation for denial; and
(2) a period of not less than 30 days in which the
applicant may provide additional written materials to the
department to supplement or clarify the applicant's application
submitted under this subchapter.
(c) The department shall forward any materials received in
the period described by Subsection (b)(2) to the medical advisory
board panel that made the recommendation for denial. After
reviewing the additional written materials, each panel member shall
submit an additional written report to the department stating the
panel member's opinion as to the ability of the applicant to
exercise sound judgment with respect to the proper use and storage
of a handgun.
(d) After the medical advisory board panel submits the
additional written reports under Subsection (c), the department
shall review the application and determine whether to issue an
original or renewal license to carry a handgun or to deny the
application.
SECTION 2. The changes in law made by this Act apply only to
an application for the issuance of an original or renewal license to
carry a handgun submitted on or after the effective date of this
Act. An application submitted before the effective date of this Act
is governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2025.