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.