H.B. No. 3477
AN ACT
relating to the issuance of concealed handgun licenses to residents
of certain other states and to reciprocity agreements with other
states concerning concealed handgun licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.173, Government Code, is amended to
read as follows:
Sec. 411.173. NONRESIDENT LICENSE. (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. 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. 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).
(b) The governor [department] 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 [department] determines
that [:
[(1)] a [the eligibility requirements imposed by the
other state include] background check of each applicant for a
license issued by that state is 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 [requirements that meet or
exceed background check requirements imposed by federal law as a
condition of receiving a handgun; and
[(2) the other state recognizes a license issued in
this state].
(c) The attorney general of the State of Texas shall
annually:
(1) submit a report to the governor, lieutenant
governor, and speaker of the house of representatives listing the
states the attorney general has determined qualify for recognition
under Subsection (b); and
(2) review the statutes of states that the attorney
general has determined do not qualify for recognition under
Subsection (b) to determine the changes to their statutes that are
necessary to qualify for recognition under that subsection.
(d) The attorney general of the State of Texas shall submit
the report required by Subsection (c)(1) not later than January 1 of
each calendar year.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The attorney general of the State of Texas shall submit
the first report required by Section 411.173(c)(1), Government
Code, as added by this Act, not later than January 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3477 was passed by the House on May 8,
2003, by the following vote: Yeas 137, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3477 was passed by the Senate on May
22, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor