Texas 2025 - 89th Regular

Texas House Bill HB1487 Compare Versions

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1	1		By: Louderback H.B. No. 1487
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the removal of a fee for the issuance of an original,
7	9		duplicate, modified, or renewed license to carry a handgun.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 411.0625(c), Government Code, is amended
10	12		to read as follows:
11	13		(c) The department shall adopt rules to establish a
12	14		procedure by which a resident of the state may apply for and be
13	15		issued a Capitol access pass. Rules adopted under this section must
14	16		include provisions for eligibility, application, approval,
15	17		issuance, and renewal that:
16	18		(1) require the department to conduct the same
17	19		background check on an applicant for a Capitol access pass that is
18	20		conducted on an applicant for a license to carry a handgun under
19	21		Subchapter H;
20	22		(2) enable the department to conduct the background
21	23		check described by Subdivision (1); and
22	24		(3) establish application and renewal fees in amounts
23	25		sufficient to cover the cost of administering this section[, not to
24	26		exceed the amounts of similar fees required under Section 411.174
25	27		for a license to carry a handgun].
26	28		SECTION 2. Section 411.173(a), Government Code, is amended
27	29		to read as follows:
28	30		(a) The department by rule shall establish a procedure for a
29	31		person who meets the eligibility requirements of this subchapter
30	32		other than the residency requirement established by Section
31	33		411.172(a)(1) to obtain a license under this subchapter if the
32	34		person is a legal resident of another state or if the person
33	35		relocates to this state with the intent to establish residency in
34	36		this state. [The procedure must include payment of a fee in an
35	37		amount sufficient to recover the average cost to the department of
36	38		obtaining a criminal history record check and investigation on a
37	39		nonresident applicant.] A license issued in accordance with the
38	40		procedure established under this subsection:
39	41		(1) remains in effect until the license expires under
40	42		Section 411.183; and
41	43		(2) may be renewed under Section 411.185.
42	44		SECTION 3. Section 411.174(a), Government Code, is amended
43	45		to read as follows:
44	46		(a) An applicant for a license to carry a handgun must
45	47		submit to the director's designee described by Section 411.176:
46	48		(1) a completed application on a form provided by the
47	49		department that requires only the information listed in Subsection
48	50		(b);
49	51		(2) one or more photographs of the applicant that meet
50	52		the requirements of the department;
51	53		(3) a certified copy of the applicant's birth
52	54		certificate or certified proof of age;
53	55		(4) proof of residency in this state;
54	56		(5) two complete sets of legible and classifiable
55	57		fingerprints of the applicant taken by a person appropriately
56	58		trained in recording fingerprints who is employed by a law
57	59		enforcement agency or by a private entity designated by a law
58	60		enforcement agency as an entity qualified to take fingerprints of
59	61		an applicant for a license under this subchapter;
60	62		(6) [a nonrefundable application and license fee of
61	63		$40 paid to the department];
62	64		[(7)] evidence of handgun proficiency, in the form and
63	65		manner required by the department;
64	66		(7) [(8)] an affidavit signed by the applicant stating
65	67		that the applicant:
66	68		(A) has read and understands each provision of
67	69		this subchapter that creates an offense under the laws of this state
68	70		and each provision of the laws of this state related to use of
69	71		deadly force; and
70	72		(B) fulfills all the eligibility requirements
71	73		listed under Section 411.172; and
72	74		(8) [(9)] a form executed by the applicant that
73	75		authorizes the director to make an inquiry into any noncriminal
74	76		history records that are necessary to determine the applicant's
75	77		eligibility for a license under Section 411.172(a).
76	78		SECTION 4. Section 411.179, Government Code, is amended by
77	79		amending Subsection (e) and adding Subsection (f) to read as
78	80		follows:
79	81		(e) [In this subsection, "veteran" has the meaning assigned
80	82		by Section 411.1951.] The department shall include the designation
81	83		"VETERAN" on the face of any original, duplicate, modified, or
82	84		renewed license under this subchapter or on the reverse side of the
83	85		license, as determined by the department, if the license is issued
84	86		to a veteran who:
85	87		(1) requests the designation; and
86	88		(2) provides proof sufficient to the department of the
87	89		veteran's military service and honorable discharge.
88	90		(f) For purposes of Subsection (e), "veteran" means a person
89	91		who:
90	92		(1) has served in:
91	93		(A) the army, navy, air force, coast guard, or
92	94		marine corps of the United States;
93	95		(B) the Texas military forces as defined by
94	96		Section 437.001; or
95	97		(C) an auxiliary service of one of those branches
96	98		of the armed forces; and
97	99		(2) has been honorably discharged from the branch of
98	100		the service in which the person served.
99	101		SECTION 5. Section 411.181(h), Government Code, is amended
100	102		to read as follows:
101	103		(h) If a license holder is required under this section to
102	104		apply for a duplicate license and the license expires not later than
103	105		the 60th day after the date of the loss, theft, or destruction of
104	106		the license, the applicant may renew the license with the modified
105	107		information included on the new license. [The applicant must pay
106	108		only the nonrefundable renewal fee.]
107	109		SECTION 6. Section 411.185(a), Government Code, is amended
108	110		to read as follows:
109	111		(a) To renew a license, a license holder must, on or before
110	112		the date the license expires, submit to the department by mail or,
111	113		in accordance with the procedure adopted under Subsection (f), on
112	114		the Internet:
113	115		(1) a renewal application on a form provided by the
114	116		department;
115	117		[(2) payment of a nonrefundable renewal fee of $40;]
116	118		and
117	119		(2) [(3)] the informational form described by
118	120		Subsection (c) signed or electronically acknowledged by the
119	121		applicant.
120	122		SECTION 7. Sections 411.186(a), Government Code, is amended
121	123		to read as follows:
122	124		(a) The department shall revoke a license under this section
123	125		if the license holder:
124	126		(1) was not entitled to the license at the time it was
125	127		issued;
126	128		(2) made a material misrepresentation or failed to
127	129		disclose a material fact in an application submitted under this
128	130		subchapter;
129	131		(3) subsequently becomes ineligible for a license
130	132		under Section 411.172, unless the sole basis for the ineligibility
131	133		is that the license holder is charged with the commission of a Class
132	134		A or Class B misdemeanor or equivalent offense, or of an offense
133	135		under Section 42.01, Penal Code, or equivalent offense, or of a
134	136		felony under an information or indictment; or
135	137		(4) is determined by the department to have engaged in
136	138		conduct constituting a reason to suspend a license listed in
137	139		Section 411.187(a) after the person's license has been previously
138	140		suspended twice for the same reason[; or
139	141		(5) submits an application fee that is dishonored or
140	142		reversed if the applicant fails to submit a cashier's check or money
141	143		order made payable to the "Department of Public Safety of the State
142	144		of Texas" in the amount of the dishonored or reversed fee, plus $25,
143	145		within 30 days of being notified by the department that the fee was
144	146		dishonored or reversed].
145	147		SECTION 8. Section 411.190(c), Government Code, is amended
146	148		to read as follows:
147	149		(c) In the manner applicable to a person who applies for a
148	150		license to carry a handgun, the department shall conduct a
149	151		background check of a person who applies for certification as a
150	152		qualified handgun instructor or approved online course provider.
151	153		If the background check indicates that the applicant for
152	154		certification would not qualify to receive a handgun license, the
153	155		department may not certify the applicant as a qualified handgun
154	156		instructor or approved online course provider. If the background
155	157		check indicates that the applicant for certification would qualify
156	158		to receive a handgun license, the department shall provide handgun
157	159		instructor or online course provider training to the applicant.
158	160		The applicant shall pay a fee of $100 to the department for the
159	161		training. The applicant must take and successfully complete the
160	162		training offered by the department and pay the training fee before
161	163		the department may certify the applicant as a qualified handgun
162	164		instructor or approved online course provider. The department
163	165		shall issue a license to carry a handgun under the authority of this
164	166		subchapter to any person who is certified as a qualified handgun
165	167		instructor or approved online course provider [and who pays to the
166	168		department a fee of $40 in addition to the training fee]. The
167	169		department by rule may prorate or waive the training fee for an
168	170		employee of another governmental entity.
169	171		SECTION 9. Sections 411.201(d) and (h), Government Code,
170	172		are amended to read as follows:
171	173		(d) An applicant for a license who is an active or retired
172	174		judicial officer must submit to the department:
173	175		(1) a completed application, including all required
174	176		affidavits, on a form prescribed by the department;
175	177		(2) one or more photographs of the applicant that meet
176	178		the requirements of the department;
177	179		(3) two complete sets of legible and classifiable
178	180		fingerprints of the applicant, including one set taken by a person
179	181		employed by a law enforcement agency who is appropriately trained
180	182		in recording fingerprints;
181	183		(4) evidence of handgun proficiency, in the form and
182	184		manner required by the department for an applicant under this
183	185		section;
184	186		[(5) a nonrefundable application and license fee of
185	187		$25;] and
186	188		(5) [(6)] if the applicant is a retired judicial
187	189		officer, a form executed by the applicant that authorizes the
188	190		department to make an inquiry into any noncriminal history records
189	191		that are necessary to determine the applicant's eligibility for a
190	192		license under this subchapter.
191	193		(h) The department shall issue a license to carry a handgun
192	194		under the authority of this subchapter to a United States attorney
193	195		or an assistant United States attorney, or to an attorney elected or
194	196		employed to represent the state in the prosecution of felony cases,
195	197		who meets the requirements of this section for an active judicial
196	198		officer. [The department shall waive any fee required for the
197	199		issuance of an original, duplicate, or renewed license under this
198	200		subchapter for an applicant who is a United States attorney or an
199	201		assistant United States attorney or who is an attorney elected or
200	202		employed to represent the state in the prosecution of felony
201	203		cases.]
202	204		SECTION 10. Section 118.011(b), Local Government Code, is
203	205		amended to read as follows:
204	206		(b) The county clerk may set and collect the following fee
205	207		from any person:
206	208		(1) Returned Check (Sec. 118.0215) . . . . . . not
207	209		less than $15 or more than $30
208	210		(2) Records Management and Preservation Fee (Sec.
209	211		118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
210	212		than $10
211	213		(3) [Mental Health Background Check for License to
212	214		Carry a Handgun (Sec. 118.0217) . . . . . . not more than $2
213	215		[(4)] Marriage License for Out-of-State Applicants
214	216		(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . $100
215	217		SECTION 11. The following provisions are repealed:
216	218		(1) Sections 411.181(d) and (i), 411.186(d), 411.194,
217	219		411.195, 411.1951, 411.1953, 411.1954, 411.199(d), 411.1991(c),
218	220		411.1992(d), 411.1993(e), and 411.1994(d), Government Code; and
219	221		(2) Section 118.0217, Local Government Code.
220	222		SECTION 12. The change in law made by this Act applies only
221	223		to an applicant for an original, duplicate, modified, or renewed
222	224		license to carry a handgun under Subchapter H, Chapter 411,
223	225		Government Code, as amended by this Act, who submits the
224	226		application on or after the effective date of this Act.
225	227		SECTION 13. This Act takes effect September 1, 2025.