H.B. No. 225
AN ACT
relating to the issuance and expiration of certain licenses to
carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.173(a), Government Code, as amended
by Chapters 255 and 752, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
(a) The department by rule shall establish a procedure for a
person who meets the eligibility requirements of this subchapter
other than the residency requirement established by Section
411.172(a)(1) to obtain a license under this subchapter if the
person is a legal resident of another [a] state [that does not
provide for the issuance of a license to carry a concealed handgun]
or if the person relocates to this state with the intent to
establish residency in this state. The procedure must include
payment of a fee in an amount sufficient to recover the average cost
to the department of obtaining a criminal history record check and
investigation on a nonresident applicant. A license issued in
accordance with the procedure established under this subsection [If
a state whose residents may obtain a license under this subsection
enacts a law providing for the issuance of a license to carry a
concealed handgun, a license issued to a resident of that state]:
(1) remains in effect until the license expires under
Section 411.183; and
(2) may be renewed under Section 411.185 [until the
time a license issued by the other state is recognized by this state
under Subsection (b)].
SECTION 2. Section 411.173(b), Government Code, is amended
to read as follows:
(b) The governor shall negotiate an agreement with any other
state that provides for the issuance of a license to carry a
concealed handgun under which a license issued by the other state is
recognized in this state or shall issue a proclamation that a
license issued by the other state is recognized in this state if the
attorney general of the State of Texas determines that a background
check of each applicant for a license issued by that state is
initiated [conducted] by state or local authorities or an agent of
the state or local authorities before the license is issued [to
determine the applicants' eligibility to possess a firearm under
federal law]. For purposes of this subsection, "background check"
means a search of the National Crime Information Center database
and the Interstate Identification Index maintained by the Federal
Bureau of Investigation.
SECTION 3. Section 411.183(b), Government Code, is amended
to read as follows:
(b) A renewed license expires on the license holder's
birthdate, five [four] years after the date of the expiration of the
previous license.
SECTION 4. Section 411.173(a-1), Government Code, is
repealed.
SECTION 5. This Act applies only to a license renewed on or
after September 1, 2005.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 225 was passed by the House on March
22, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 225 on May 16, 2005, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 225 on May 27, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 225 was passed by the Senate, with
amendments, on May 12, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
225 on May 28, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor