By Uher                                               H.B. No. 1776
         76R4339 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain eligibility requirements for a license to carry
 1-3     a concealed handgun and to the procedures for denial, suspension,
 1-4     or revocation of a  license.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 411.172(a), Government Code, is amended
 1-7     to read as follows:
 1-8           (a)  A person is eligible for a license to carry a concealed
 1-9     handgun if the person:
1-10                 (1)  is a legal resident of this state for the
1-11     six-month period preceding the date of application under this
1-12     subchapter or is otherwise eligible for a license under Section
1-13     411.173(a);
1-14                 (2)  is at least 21 years of age;
1-15                 (3)  has not been convicted of a felony;
1-16                 (4)  is not charged with the commission of a Class A
1-17     misdemeanor or  of a Class B misdemeanor [or an offense] under
1-18     Section 20.02 or  22.07 [42.01], Penal Code, or of a felony under
1-19     an information or indictment;
1-20                 (5)  is not a fugitive from justice for a felony, [or]
1-21     a Class A misdemeanor, or a Class B misdemeanor under Section 20.02
1-22     or 22.07, Penal Code;
1-23                 (6)  is not a chemically dependent person;
1-24                 (7)  is not incapable of exercising sound judgment with
 2-1     respect to the proper use and storage of a handgun;
 2-2                 (8)  has not, in the five years preceding the date of
 2-3     application, been convicted of a Class A misdemeanor or of a Class
 2-4     B misdemeanor [or an offense] under Section 20.02 or 22.07 [42.01],
 2-5     Penal  Code;
 2-6                 (9)  is fully qualified under applicable federal and
 2-7     state law to purchase a handgun;
 2-8                 (10)  has not been finally determined to be delinquent
 2-9     in making a child support payment administered or collected by the
2-10     attorney general;
2-11                 (11)  has not been finally determined to be delinquent
2-12     in the payment of a tax or other money collected by the
2-13     comptroller, the tax collector of a political subdivision of the
2-14     state, or any agency or subdivision of the state;
2-15                 (12)  has not been finally determined to be in default
2-16     on a loan made under Chapter 57, Education Code;
2-17                 (13)  is not currently restricted under a court
2-18     protective order or subject to a restraining order affecting the
2-19     spousal relationship, other than a restraining order solely
2-20     affecting property interests;
2-21                 (14)  has not, in the 10 years preceding the date of
2-22     application, been adjudicated as having engaged in delinquent
2-23     conduct violating a penal law of the grade of felony; and
2-24                 (15)  has not made any material misrepresentation, or
2-25     failed to disclose any material fact, in an application submitted
2-26     pursuant to Section 411.174 or in a request for application
2-27     submitted pursuant to Section 411.175.
 3-1           SECTION 2.  Section 411.180, Government Code, is amended to
 3-2     read as follows:
 3-3           Sec. 411.180.  [NOTIFICATION OF] DENIAL, REVOCATION, OR
 3-4     SUSPENSION OF LICENSE; JUDICIAL REVIEW.  (a)  If the department
 3-5     refuses to issue an original license or proposes to suspend,
 3-6     revoke, or refuse to renew a license, the applicant or license
 3-7     holder affected is entitled to a hearing conducted by the State
 3-8     Office of Administrative Hearings.  Proceedings for an action
 3-9     described by this section are governed by Chapter 2001, except that
3-10     judicial review is initiated by filing a petition in a court that
3-11     has jurisdiction over appeals from justice and municipal courts in
3-12     the county in which the applicant or license holder resides.
3-13     Judicial review is under the substantial evidence rule.  An appeal
3-14     may be taken from the court as in other civil cases.  [The
3-15     department shall give written notice to each applicant for a
3-16     handgun license of any denial, revocation, or suspension of that
3-17     license.  Not later than the 30th day after the notice is received
3-18     by the applicant, according to the records of the department, the
3-19     applicant or license holder may request a hearing on the denial,
3-20     revocation, or suspension.  The applicant must make a written
3-21     request for a hearing addressed to the department at its Austin
3-22     address.  The request for hearing must reach the department in
3-23     Austin prior to the 30th day after the date of receipt of the
3-24     written notice.  On receipt of a request for hearing from a license
3-25     holder or applicant, the department shall promptly schedule a
3-26     hearing in the appropriate justice court in the county of residence
3-27     of the applicant or license holder.  The justice court shall
 4-1     conduct a hearing to review the denial, revocation, or suspension
 4-2     of the license.  In a proceeding under this section, a justice of
 4-3     the peace shall act as an administrative hearing officer.  A
 4-4     hearing under this section is not subject to Chapter 2001
 4-5     (Administrative Procedure Act). A district attorney or county
 4-6     attorney, the attorney general, or a designated member of the
 4-7     department may represent the department.]
 4-8           [(b)  The department, on receipt of a request for hearing,
 4-9     shall file the appropriate petition in the justice court selected
4-10     for the hearing and send a copy of that petition to the applicant
4-11     or license holder at the address contained in departmental records.
4-12     A hearing under this section must be scheduled within 30 days of
4-13     receipt of the request for a hearing.  The hearing shall be held
4-14     expeditiously but in no event more than 60 days after the date that
4-15     the applicant or license holder requested the hearing.  The date of
4-16     the hearing may be reset on the motion of either party, by
4-17     agreement of the parties, or by the court as necessary to
4-18     accommodate the court's docket.]
4-19           [(c)  The justice court shall determine if the denial,
4-20     revocation, or suspension is supported by a preponderance of the
4-21     evidence.  Both the applicant or license holder and the department
4-22     may present evidence.  The court shall affirm the denial,
4-23     revocation, or suspension if the court determines that denial,
4-24     revocation, or suspension is supported by a preponderance of the
4-25     evidence.  If the court determines that the denial, revocation, or
4-26     suspension is not supported by a preponderance of the evidence,
4-27     the court shall order the department to immediately issue or return
 5-1     the license to the applicant or license holder.]
 5-2           (b) [(d)]  A proceeding under this section is subject to
 5-3     Chapter 105, Civil Practice and Remedies Code, relating to fees,
 5-4     expenses, and attorney's fees.
 5-5           (c) [(e)  A party adversely affected by the court's ruling
 5-6     following a hearing under this section may appeal the ruling by
 5-7     filing within 30 days after the ruling a petition in a county court
 5-8     at law in the county in which the applicant or license holder
 5-9     resides or, if there is no county court at law in the county, in
5-10     the county court of the county.  A person who appeals under this
5-11     section must send by certified mail a copy of the person's
5-12     petition, certified by the clerk of the court in which the petition
5-13     is filed, to the appropriate division of the department at its
5-14     Austin headquarters.  The trial on appeal shall be a trial de novo
5-15     without a jury.  A district or county attorney or the attorney
5-16     general may represent the department.]
5-17           [(f)]  A suspension of a license may not be probated.
5-18           (d) [(g)  If an applicant or a license holder does not
5-19     petition the justice court, a denial becomes final and a revocation
5-20     or suspension takes effect on the 30th day after receipt of written
5-21     notice.]
5-22           [(h)]  The department may use and introduce into evidence
5-23     certified copies of governmental records to establish the existence
5-24     of certain events that could result in the denial, revocation, or
5-25     suspension of a license under this subchapter, including records
5-26     regarding convictions, judicial findings regarding mental
5-27     competency, judicial findings regarding chemical dependency, or
 6-1     other matters that may be established by governmental records that
 6-2     have been properly authenticated.
 6-3           SECTION 3.  Section 411.186, Government Code, is amended to
 6-4     read as follows:
 6-5           Sec. 411.186.  REVOCATION.  (a)  A license may be revoked
 6-6     under this section if the license holder:
 6-7                 (1)  was not entitled to the license at the time it was
 6-8     issued;
 6-9                 (2)  gave false information on the application;
6-10                 (3)  subsequently becomes ineligible for a license
6-11     under Section 411.172, unless the sole basis for the ineligibility
6-12     is that the license holder is charged with the commission of a
6-13     Class  A misdemeanor or of a Class B misdemeanor [or an offense]
6-14     under Section 20.02 or 22.07 [42.01], Penal Code, or of a felony
6-15     under an information or indictment;
6-16                 (4)  is convicted of an offense under Section 46.035,
6-17     Penal Code; or
6-18                 (5)  is determined by the department to have engaged in
6-19     conduct constituting a reason to suspend a license listed in
6-20     Section 411.187(a) after the person's license has been previously
6-21     suspended twice for the same reason.
6-22           (b)  If a peace officer believes a reason listed in
6-23     Subsection (a)  to revoke a license exists, the officer shall
6-24     prepare an affidavit on a form provided by the department stating
6-25     the reason for [the] revocation of the license and giving the
6-26     department all of the information available to the officer at the
6-27     time of the preparation of the form.  The officer shall attach the
 7-1     officer's reports relating to the license holder to the form and
 7-2     send the form and attachments to the appropriate division of the
 7-3     department at its Austin headquarters not later than the fifth
 7-4     working day after the date the form is prepared.  If the department
 7-5     proposes to revoke the license, the department [The officer] shall
 7-6     provide notice of the proposed revocation to the license holder and
 7-7     shall send a copy of the form and the attachments to the license
 7-8     holder.  The [If the license holder has not surrendered the license
 7-9     or the license was not seized as evidence, the] license holder
7-10     shall surrender the license to the appropriate division of the
7-11     department not later than the 10th day after the date the license
7-12     holder receives the notice of the proposed revocation from the
7-13     department, unless the license holder requests a hearing under
7-14     [from the department.  The license holder  may request that the
7-15     justice court in the justice court precinct in which the license
7-16     holder resides review the revocation as provided by] Section
7-17     411.180.  [If a request is made for the justice court to review the
7-18     revocation and hold a hearing, the license holder shall surrender
7-19     the license on the date an order of revocation is entered by the
7-20     justice court.]
7-21           (c)  A license holder whose license is surrendered or revoked
7-22     for a reason listed in this section may reapply as a new applicant
7-23     for the issuance of a license under this subchapter after the
7-24     second anniversary of the date of the surrender or revocation if
7-25     the cause for surrender or revocation does not exist on the date of
7-26     the second anniversary.  If the cause for surrender or revocation
7-27     exists on the date of the second anniversary after the date of
 8-1     surrender or revocation, the license holder may not apply for a new
 8-2     license until the cause for surrender or revocation no longer
 8-3     exists and has not existed for a period of two years.
 8-4           SECTION 4.  Section 411.187, Government Code, is amended by
 8-5     amending Subsections (a)  and (b) and adding Subsection (d) to read
 8-6     as follows:
 8-7           (a)  A license may be suspended under this section if the
 8-8     license holder:
 8-9                 (1)  is charged with the commission of a Class A
8-10     misdemeanor or of a Class B misdemeanor [or an offense] under
8-11     Section 20.02 or 22.07 [42.01], Penal Code, or of a felony under an
8-12     information or indictment;
8-13                 (2)  fails to display a license as required by Section
8-14     411.205;
8-15                 (3)  fails to notify the department of a change of
8-16     address or name as required by Section 411.181;
8-17                 (4)  carries a concealed handgun under the authority of
8-18     this subchapter of a different category than the license holder is
8-19     licensed to carry; or
8-20                 (5)  fails to return a previously issued license after
8-21     a license is modified as required by Section 411.184(d).
8-22           (b)  If a peace officer believes a reason listed in
8-23     Subsection (a)  to suspend a license exists, the officer shall
8-24     prepare an affidavit on a form provided by the department stating
8-25     the reason for [the] suspension of the license and giving the
8-26     department all of the information available to the officer at the
8-27     time of the preparation of the form.  The officer shall attach the
 9-1     officer's reports relating to the license holder to the form and
 9-2     send the form and the attachments to the appropriate division of
 9-3     the department at its Austin headquarters not later than the fifth
 9-4     working day after the date the form is prepared.  If the department
 9-5     proposes to suspend the license, the department [The officer] shall
 9-6     provide notice of the proposed suspension to the license holder and
 9-7     shall send a copy of the form and the attachments to the license
 9-8     holder.   The [If the license holder has not surrendered the
 9-9     license or the license was not seized as evidence, the] license
9-10     holder shall  surrender the license to the appropriate division of
9-11     the department not later than the 10th day after the date the
9-12     license holder receives the notice of the proposed suspension from
9-13     the department unless the license holder requests a  hearing under
9-14     [from the department.  The license holder may request that the
9-15     justice court in the justice court precinct in which the license
9-16     holder resides review the suspension as provided by] Section
9-17     411.180.
9-18           (d)  If the department receives a license surrendered under
9-19     this section, the department shall return the license to the
9-20     license holder immediately after expiration of the period for which
9-21     a suspension would otherwise be required under Subsection (c).  [If
9-22     a request is made for the justice court to review the suspension
9-23     and hold a hearing, the license holder shall surrender the license
9-24     on the date an order of suspension is entered by the justice
9-25     court.]
9-26           SECTION 5.  Section 411.201(c), Government Code, is amended
9-27     to read as follows:
 10-1          (c)  An active judicial officer is eligible for a license to
 10-2    carry a concealed handgun under the authority of this subchapter.
 10-3    A retired judicial officer is eligible for a license to carry a
 10-4    concealed handgun under the authority of this subchapter if the
 10-5    officer:
 10-6                (1)  has not been convicted of a felony;
 10-7                (2)  has not, in the five years preceding the date of
 10-8    application, been convicted of a Class A misdemeanor or of a Class
 10-9    B misdemeanor under Section 20.02 or 22.07, Penal Code;
10-10                (3)  is not charged with the commission of a Class A
10-11    misdemeanor or of a Class B misdemeanor under Section 20.02 or
10-12    22.07, Penal Code, or of a felony under an information or
10-13    indictment;
10-14                (4)  is not a chemically dependent person; and
10-15                (5)  is not a person of unsound mind.
10-16          SECTION 6.  (a)  In accordance with Section 311.031(c),
10-17    Government Code, which gives effect to a substantive amendment
10-18    enacted by the same legislature that codifies the amended statute,
10-19    the text of Sections 411.172(a), 411.186(a), and 411.187(a),
10-20    Government Code, as set out in this Act, gives effect to changes
10-21    made by Chapters 1261 and 1423, Acts of the 75th Legislature,
10-22    Regular Session, 1997.
10-23          (b)  To the extent of any conflict, this Act prevails over
10-24    another Act of the 76th Legislature, Regular Session, 1999,
10-25    relating to nonsubstantive additions and corrections in enacted
10-26    codes.
10-27          SECTION 7.  The change in law made by this Act to the
 11-1    administrative and judicial review of certain decisions relating to
 11-2    the denial, suspension, or revocation of a license to carry a
 11-3    concealed handgun apply only to an administrative or judicial
 11-4    review initiated on or after the effective date of this Act.  An
 11-5    administrative or judicial review initiated before the effective
 11-6    date of this Act is covered by the law in effect when the review is
 11-7    initiated, and the former law is continued in effect for that
 11-8    purpose.
 11-9          SECTION 8.  This Act takes effect September 1, 1999.
11-10          SECTION 9.  The importance of this legislation and the
11-11    crowded condition of the calendars in both houses create an
11-12    emergency and an imperative public necessity that the
11-13    constitutional rule requiring bills to be read on three several
11-14    days in each house be suspended, and this rule is hereby suspended.