By: Estes S.B. No. 1406
A BILL TO BE ENTITLED
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 previously qualified under this subsection for a
nonresident license subsequently enacts a law providing for the
issuance of a license to carry a concealed handgun, a nonresident
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 issue a proclamation or
sign an agreement recognizing [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 another [the
other] state [is recognized in this state] if the department
determines that [:]
[(1)] a [the eligibility requirements imposed by the
other state include] background check of permit applicants is
conducted by state or local authorities or an agent of the state or
local authorities prior to the issuance of a permit 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 department shall:
(1) issue a report annually to the governor,
lieutenant governor and the speaker of the house listing the states
the department has determined qualify for recognition under this
section within the previous calendar year; and
(2) annually review the statutes of states that have
not qualified for recognition to determine if any subsequent
changes to their law would result in qualification for recognition
under this section.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) Not later than January 1 of each year, the department
shall submit the report required under Section 411.173(d),
Government Code, as added by this Act, for the preceding calendar
year. The first report is due on January 1, 2005.