Texas 2025 - 89th Regular

Texas House Bill HB1923 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9966 JSC-F
2	2	By: Virdell H.B. No. 1923
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to removing the requirement that an applicant for or
10	10	holder of a license to carry a handgun provide fingerprints.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.0891(d), Government Code, is amended
13	13	to read as follows:
14	14	(d) The department may require any person for whom the
15	15	department is authorized to obtain criminal history record
16	16	information under Subsections (a) and (a-1) to submit a complete
17	17	and legible set of fingerprints to the department on a form
18	18	prescribed by the department for the purpose of obtaining criminal
19	19	history record information. This subsection does not apply to a
20	20	person described by Subsection (a)(6) who is an applicant for or
21	21	holds a license to carry a handgun issued by the department under
22	22	Subchapter H.
23	23	SECTION 2. Section 411.174(a), Government Code, is amended
24	24	to read as follows:
25	25	(a) An applicant for a license to carry a handgun must
26	26	submit to the director's designee described by Section 411.176:
27	27	(1) a completed application on a form provided by the
28	28	department that requires only the information listed in Subsection
29	29	(b);
30	30	(2) one or more photographs of the applicant that meet
31	31	the requirements of the department;
32	32	(3) a certified copy of the applicant's birth
33	33	certificate or certified proof of age;
34	34	(4) proof of residency in this state;
35	35	(5) [two complete sets of legible and classifiable
36	36	fingerprints of the applicant taken by a person appropriately
37	37	trained in recording fingerprints who is employed by a law
38	38	enforcement agency or by a private entity designated by a law
39	39	enforcement agency as an entity qualified to take fingerprints of
40	40	an applicant for a license under this subchapter;
41	41	[(6)] a nonrefundable application and license fee of
42	42	$40 paid to the department;
43	43	(6) [(7)] evidence of handgun proficiency, in the form
44	44	and manner required by the department;
45	45	(7) [(8)] an affidavit signed by the applicant stating
46	46	that the applicant:
47	47	(A) has read and understands each provision of
48	48	this subchapter that creates an offense under the laws of this state
49	49	and each provision of the laws of this state related to use of
50	50	deadly force; and
51	51	(B) fulfills all the eligibility requirements
52	52	listed under Section 411.172; and
53	53	(8) [(9)] a form executed by the applicant that
54	54	authorizes the director to make an inquiry into any noncriminal
55	55	history records that are necessary to determine the applicant's
56	56	eligibility for a license under Section 411.172(a).
57	57	SECTION 3. Section 411.176(b), Government Code, is amended
58	58	to read as follows:
59	59	(b) The director's designee as needed shall conduct an
60	60	additional criminal history record check of the applicant and an
61	61	investigation of the applicant's local official records to verify
62	62	the accuracy of the application materials. The director's designee
63	63	may access any records necessary for purposes of this subsection.
64	64	The scope of the record check and the investigation are at the sole
65	65	discretion of the department, except that the director's designee
66	66	shall complete the record check and investigation not later than
67	67	the 60th day after the date the department receives the application
68	68	materials. The department shall contact [send a fingerprint card
69	69	to] the Federal Bureau of Investigation to obtain [for] a national
70	70	criminal history check of the applicant. On completion of the
71	71	investigation, the director's designee shall return all materials
72	72	and the result of the investigation to the appropriate division of
73	73	the department at its Austin headquarters.
74	74	SECTION 4. Section 411.199(b), Government Code, is amended
75	75	to read as follows:
76	76	(b) The person shall submit [two complete sets of legible
77	77	and classifiable fingerprints and] a sworn statement from the head
78	78	of the law enforcement agency that employed the applicant or other
79	79	former employer of the applicant, as applicable. A head of a law
80	80	enforcement agency or other former employer may not refuse to issue
81	81	a statement under this subsection. If the applicant alleges that
82	82	the statement is untrue, the department shall investigate the
83	83	validity of the statement. The statement must include:
84	84	(1) the name and rank of the applicant;
85	85	(2) the status of the applicant before retirement;
86	86	(3) whether the applicant was accused of misconduct at
87	87	the time of the retirement;
88	88	(4) the physical and mental condition of the
89	89	applicant;
90	90	(5) the type of weapons the applicant had demonstrated
91	91	proficiency with during the last year of employment;
92	92	(6) whether the applicant would be eligible for
93	93	reemployment with the agency or employer, and if not, the reasons
94	94	the applicant is not eligible;
95	95	(7) a recommendation from the agency head or the
96	96	employer regarding the issuance of a license under this subchapter;
97	97	and
98	98	(8) whether the applicant holds a current certificate
99	99	of proficiency under Section 1701.357, Occupations Code.
100	100	SECTION 5. Section 411.1992(b), Government Code, is amended
101	101	to read as follows:
102	102	(b) The applicant shall submit to the department [two
103	103	complete sets of legible and classifiable fingerprints and] a sworn
104	104	statement from the head of the law enforcement agency at which the
105	105	applicant last served as a reserve law enforcement officer. A head
106	106	of a law enforcement agency may not refuse to issue a statement
107	107	under this subsection. If the applicant alleges that the statement
108	108	is untrue, the department shall investigate the validity of the
109	109	statement. The statement must include:
110	110	(1) the name and rank of the applicant;
111	111	(2) the status of the applicant;
112	112	(3) whether the applicant was accused of misconduct at
113	113	any time during the applicant's term of service and the disposition
114	114	of that accusation;
115	115	(4) a description of the physical and mental condition
116	116	of the applicant;
117	117	(5) a list of the types of weapons the applicant
118	118	demonstrated proficiency with during the applicant's term of
119	119	service; and
120	120	(6) a recommendation from the agency head regarding
121	121	the issuance of a license under this subchapter.
122	122	SECTION 6. Section 411.201(d), Government Code, is amended
123	123	to read as follows:
124	124	(d) An applicant for a license who is an active or retired
125	125	judicial officer must submit to the department:
126	126	(1) a completed application, including all required
127	127	affidavits, on a form prescribed by the department;
128	128	(2) one or more photographs of the applicant that meet
129	129	the requirements of the department;
130	130	(3) [two complete sets of legible and classifiable
131	131	fingerprints of the applicant, including one set taken by a person
132	132	employed by a law enforcement agency who is appropriately trained
133	133	in recording fingerprints;
134	134	[(4)] evidence of handgun proficiency, in the form and
135	135	manner required by the department for an applicant under this
136	136	section;
137	137	(4) [(5)] a nonrefundable application and license fee
138	138	of $25; and
139	139	(5) [(6)] if the applicant is a retired judicial
140	140	officer, a form executed by the applicant that authorizes the
141	141	department to make an inquiry into any noncriminal history records
142	142	that are necessary to determine the applicant's eligibility for a
143	143	license under this subchapter.
144	144	SECTION 7. Section 118.0217(a), Local Government Code, is
145	145	amended to read as follows:
146	146	(a) The fee for a "mental health background check for
147	147	license to carry a handgun" is for a check, conducted by the county
148	148	clerk at the request of the Texas Department of Public Safety, of
149	149	the county records involving the mental condition of a person who
150	150	applies for a license to carry a handgun under Subchapter H, Chapter
151	151	411, Government Code. The fee, not to exceed $2, will be paid from
152	152	the application fee submitted to the Department of Public Safety
153	153	according to Section 411.174(a)(5) [411.174(a)(6)], Government
154	154	Code.
155	155	SECTION 8. Section 411.175, Government Code, is repealed.
156	156	SECTION 9. The change in law made by this Act applies only
157	157	to an applicant for a license to carry a handgun under Subchapter H,
158	158	Chapter 411, Government Code, as amended by this Act, who submits
159	159	the application for the license on or after the effective date of
160	160	this Act.
161	161	SECTION 10. This Act takes effect September 1, 2025.