HBA-DMD C.S.H.B. 2240 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2240 By: Hupp Public Safety 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current guidelines established by the Department of Public Safety (department), a person renewing a concealed handgun license must submit a completed renewal form, a notarized eligibility affidavit, a notarized knowledge of laws affidavit, a notarized release of records form, a fingerprint card, new passport photos, a completed passport photo holder, and a TR-100 proficiency certificate form. This process can be time-consuming, costly, and onerous. C.S.H.B. 2240 extends the time period, from four to five years, that a concealed handgun license is valid. This bill requires the public safety director (director) to establish a procedure by which a person may renew a concealed handgun license. This bill provides that a license holder is not required to sign the application for renewal form before a notary public or other official authorized to administer oaths. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 411.183(b), Government Code, to provide that a renewed license expires on the license holder's birthdate, five, rather than four, years after the date of the expiration of the previous license. SECTION 2. Section 411.185, Government Code, by amending Subsection (a) and adding Subsection (e), as follows: (a) Includes Subsection (e) as an exception to the provision that a license holder must submit two color photographs to renew a license. (e) Requires the public safety director (director) to establish a procedure by which a person may renew the person's license to carry a concealed handgun by reporting in person to the location designated by the department as the location for a person to obtain an original driver's license issued by the department. Provides that an applicant for renewal of a license to carry a concealed handgun under this subsection must comply with each requirement of Subsection (a), except that an applicant who at the time of renewing a license under this subsection submits to the taking of a driver's license photograph is not required to submit a passport photograph to the department. (f) Provides that a license holder is not required to sign the application for renewal form of a concealed handgun license, before a notary public or other official authorized to administer oaths. SECTION 3. Provides that the change in law made by this Act to Section 411.183(b), Government Code, applies only to a license issued or renewed on or after September 1, 1999. Requires the director to establish the procedure required by Section 411.185(e), Government Code, as added by this Act, no later than January 1, 2000. SECTION 4.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 (Section 411.183, Government Code), by deleting the amendment to Subsection (a), which provided that a concealed handgun license expires on the first birthday of the license holder occurring after the sixth, rather than fourth, anniversary of the date of issuance. In Subsection (b), this substitute provides that a renewed license expires on the license holder's birth date, five, rather than six, years after the expiration of the previous license. This substitute differs from the original bill in SECTION 2 (Section 411.185, Government Code),by deleting the requirement that the public safety director (director) establish a procedure by which a person who holds a driver's license and a concealed handgun license may renew both licenses on one occasion by reporting in person to a designated location. The effect of this deletion is to require the director to establish a procedure by which a person may renew the person's concealed handgun license by reporting in person to the location designated by the Department of Public Safety (department) as the location for a person to obtain an original driver's license issued by the department. This substitute modifies proposed Subsection (e) to specify that an applicant who at the time of renewing a concealed handgun license submits to taking a driver's license photograph is not required to submit a passport photograph to the department. This is an exception to the provision providing that an applicant for renewal of a concealed handgun license must comply with certain requirements. This substitute adds proposed Subsection (f) to provide that a license holder is not required to sign the application for renewal form for a concealed handgun license, before a notary public or other official authorized to administer oaths. This substitute deletes SECTIONS 3 and 4 (proposed Sections 521.272 and 522.054, Transportation Code) from the original bill, which authorize a person who is otherwise eligible to renew the person's driver's license or commercial driver's license to voluntarily surrender the license before the expiration date and apply for the issuance of a new license so that the driver's license or commercial driver's license and concealed handgun license will expire on the same day. This substitute deletes the requirement that the department create an application form in order to perform this function. This substitute also deletes the authority of the department to assess a fee for performing this service. This substitute redesignates SECTIONS 5 and 6 from the original bill to SECTIONS 3 and 4 of this substitute. SECTION 3 of this substitute makes a conforming change by deleting the provision that a change in law made by this Act to Section 411.183(a), Government Code, applies only to a license issued or renewed on or after September 1, 1999.