BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1483

                                                                                                                                 By: Frost (Eltife)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current law limits the payment opportunities for handgun licenses to cashier's check, money order, or credit cards online only.  However, the Department of Public Safety accepts all forms of payment for a driver's license.

 

H.B. 1483 corrects this inconsistency by allowing payment for a concealed handgun license by cash, credit card, or personal check.  If an application fee is dishonored or reversed, the license would be revoked; however, the license holder would be allowed to reapply provided the license holder pays the application fee and a dishonored payment charge of $25.

 

H.B. 1483 also reduces the duplicate license fee and the modified license fee from $25 to $10, which is the current fee for a duplicate or modified driver's license.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 411.196, Government Code, as follows:

 

Sec. 411.196.  METHOD OF PAYMENT.  Authorizes a person to pay a fee required by this subchapter using specific methods.  Requires a person who pays a fee required by this subchapter, by cash, to pay in person.  Requires checks or money orders to be made payable to a specific entity.  Requires a person whose payment for a fee required by this subchapter is dishonored or reversed to pay any future fees by cashier's check or money order made payable to a specific entity.

 

SECTION 2.  Amends Section 411.186, Government Code, by amending Subsections (a) and (c) and adding Subsection (d), as follows:

 

(a)  Authorizes a license to be revoked under this section if the license holder submits an application fee that is dishonored or reversed.

 

(c)  Authorizes a license holder whose license is revoked for a reason listed in Subsection (a)(1)-(5), rather than this section, to reapply as a new application after the second anniversary of the date of the revocation, if the cause for revocation does not exist on that date.

 

(d)  Authorizes a license holder whose license is revoked under Subsection (a)(6) to reapply for an original or renewed license at any time, provided the application fee and a dishonored payment charge of $25 is paid using a specific method.

 

SECTION 3.  Amends Section 411.181, Government Code, by amending Subsection (d) and adding Subsection (i), as follows:

 

(d)  Requires the Texas Department of Public Safety (DPS) to charge a license holder fee of $10, rather than $25, for a duplicate license.

 

(i)  Makes a conforming change.

 

SECTION 4.  Amends Section 411.184, Government Code, by amending Subsection (a) and adding Subsection (e), as follows:

 

(a)  Requires the license holder to submit a payment of a modified license fee of $10, rather than $25, to DPS, in order to modify a license to allow a license holder to carry a handgun of a different category than the license indicates.

 

(e)  Authorizes a license holder whose application fee for a modified license under this section is dishonored or reversed to reapply for a modified license at any time, provided the application fee and dishonored payment charge of $25 is paid by cashier's check or money order payable to a specific entity.

 

SECTION 5.  Makes application of this Act prospective.

 

SECTION 6.  Effective date: September 1, 2005.