H.B. No. 1704




AN ACT

relating to certain eligibility requirements for a license to carry 
a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 411.172(b), Government Code, is amended 
to read as follows:
	(b)  For the purposes of this section, an offense under the 
laws of this state, another state, or the United States is:
		(1)  a felony if the offense, at the time of a person's 
application for a license to carry a concealed handgun:
			(A)  is [so] designated by a law of this state as a 
felony;
			(B)  contains all the elements of an offense 
designated by a law of this state as a felony; or
			(C)  is punishable by [or if] confinement for one 
year or more in a penitentiary [is affixed to the offense as a 
possible punishment]; and
		 (2)  a Class A misdemeanor if the offense is not a 
felony and confinement in a jail other than a state jail felony 
facility is affixed as a possible punishment.
	SECTION 2.  Section 411.173, Government Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  The department by rule shall establish a procedure for a 
person [who is a legal resident of a state that does not provide for 
the issuance of a license to carry a concealed handgun and] 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 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-1)  If a state whose residents may obtain a license under 
this subchapter by following the procedure established under 
Subsection (a) enacts a law providing for the issuance of a license 
to carry a concealed handgun, a license issued under this 
subchapter 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 unless the 
department negotiates an agreement with that state under Subsection 
(b).
	SECTION 3.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1704 was passed by the House on May 8, 
2003, by the following vote:  Yeas 139, Nays 0, 2 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   


	

I certify that H.B. No. 1704 was passed by the Senate on May 
24, 2003, by a viva-voce vote.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor