Texas 2025 - 89th Regular

Texas House Bill HB1234 Compare Versions

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1-By: Guillen, et al. H.B. No. 1234
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1+89R1702 EAS-D
2+ By: Guillen H.B. No. 1234
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65 A BILL TO BE ENTITLED
76 AN ACT
87 relating to certain procedures required for the denial of certain
98 applications for a license to carry a handgun.
109 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1110 SECTION 1. Subchapter H, Chapter 411, Government Code, is
1211 amended by adding Section 411.1765 to read as follows:
13- Sec. 411.1765. NOTICE OF CERTAIN DENIALS. (a) This section
14- applies only to an application for the issuance of an original or
15- renewal license to carry a handgun for which the department has
16- received an opinion from a panel member of the medical advisory
17- board under Section 12.095, Health and Safety Code, that indicates
18- the applicant may be unable to exercise sound judgment with respect
19- to the proper use and storage of a handgun.
20- (b) The department may not deny an application to which this
21- section applies, unless the department first provides the applicant
22- with:
12+ Sec. 411.1765. NOTICE BASED ON MEDICAL ADVISORY BOARD
13+ RECOMMENDATION TO DENY APPLICATION. (a) This section applies only
14+ to a recommendation for a denial of an application for an original
15+ or renewal license to carry a handgun that:
16+ (1) is made to the department by a medical advisory
17+ board panel convened under Section 12.095, Health and Safety Code;
18+ and
19+ (2) relates to an applicant's eligibility for a
20+ license to carry a handgun as described by Section 411.172(a)(7).
21+ (b) The department may not deny an application for the
22+ issuance of an original or renewal license to carry a handgun based
23+ on a recommendation to which this section applies, unless the
24+ department first provides the applicant with:
2325 (1) a written notice that specifically states the
24- reason the department is considering denying the application; and
26+ reason underlying the recommendation for denial; and
2527 (2) a period of not less than 30 days in which the
2628 applicant may provide additional written materials to the
2729 department to supplement or clarify the applicant's application
2830 submitted under this subchapter.
2931 (c) The department shall forward any materials received in
30- the period described by Subsection (b)(2) to the entire medical
31- advisory board described by Subsection (a). After reviewing the
32- written materials, each panel member shall submit a written report
33- to the department stating the panel member's opinion as to the
34- ability of the applicant to exercise sound judgment with respect to
35- the proper use and storage of a handgun.
32+ the period described by Subsection (b)(2) to the medical advisory
33+ board panel that made the recommendation for denial. After
34+ reviewing the additional written materials, each panel member shall
35+ submit an additional written report to the department stating the
36+ panel member's opinion as to the ability of the applicant to
37+ exercise sound judgment with respect to the proper use and storage
38+ of a handgun.
3639 (d) After the medical advisory board panel submits the
37- written reports under Subsection (c), the department shall review
38- the application and determine whether to issue an original or
39- renewal license to carry a handgun or to deny the application.
40+ additional written reports under Subsection (c), the department
41+ shall review the application and determine whether to issue an
42+ original or renewal license to carry a handgun or to deny the
43+ application.
4044 SECTION 2. The changes in law made by this Act apply only to
4145 an application for the issuance of an original or renewal license to
4246 carry a handgun submitted on or after the effective date of this
4347 Act. An application submitted before the effective date of this Act
4448 is governed by the law in effect on the date the application was
4549 submitted, and the former law is continued in effect for that
4650 purpose.
4751 SECTION 3. This Act takes effect September 1, 2025.