By: Guillen, et al. 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 OF CERTAIN DENIALS. (a) This section
applies only to an application for the issuance of an original or
renewal license to carry a handgun for which the department has
received an opinion from a panel member of the medical advisory
board under Section 12.095, Health and Safety Code, that indicates
the applicant may be unable to exercise sound judgment with respect
to the proper use and storage of a handgun.
(b) The department may not deny an application to which this
section applies, unless the department first provides the applicant
with:
(1) a written notice that specifically states the
reason the department is considering denying the application; 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 entire medical
advisory board described by Subsection (a). After reviewing the
written materials, each panel member shall submit a 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
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.