By:  Hupp, et al. (Senate Sponsor - Estes)                        H.B. No. 322
	(In the Senate - Received from the House March 29, 2005; 
March 30, 2005, read first time and referred to Committee on 
Criminal Justice; April 11, 2005, rereferred to Committee on
Veteran Affairs and Military Installations; May 10, 2005, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 5, Nays 0; May 10, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 322                                    By:  Estes

A BILL TO BE ENTITLED
AN ACT
relating to concealed handgun licenses for members and veterans of the United States armed forces. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 411.172, Government Code, is amended by adding Subsections (g) and (h) to read as follows: (g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person: (1) is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard; (2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and (3) meets the other eligibility requirements of Subsection (a) except for the minimum age required by federal law to purchase a handgun. (h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law. SECTION 2. Section 411.174(a), Government Code, is amended to read as follows: (a) An applicant for a license to carry a concealed handgun must submit to the director's designee described by Section 411.176: (1) a completed application on a form provided by the department that requires only the information listed in Subsection (b); (2) two recent color passport photographs of the applicant, except that an applicant who is younger than 21 years of age must submit two recent color passport photographs in profile of the applicant; (3) a certified copy of the applicant's birth certificate or certified proof of age; (4) proof of residency in this state; (5) two complete sets of legible and classifiable fingerprints of the applicant taken by a person appropriately trained in recording fingerprints who is employed by a law enforcement agency or by a private entity designated by a law enforcement agency as an entity qualified to take fingerprints of an applicant for a license under this subchapter; (6) a nonrefundable application and license fee of $140 paid to the department; (7) a handgun proficiency certificate described by Section 411.189; (8) an affidavit signed by the applicant stating that the applicant: (A) has read and understands each provision of this subchapter that creates an offense under the laws of this state and each provision of the laws of this state related to use of deadly force; and (B) fulfills all the eligibility requirements listed under Section 411.172; and (9) a form executed by the applicant that authorizes the director to make an inquiry into any noncriminal history records that are necessary to determine the applicant's eligibility for a license under Section 411.172(a). SECTION 3. Section 411.184(a), Government Code, is amended to read as follows: (a) To modify a license to allow a license holder to carry a handgun of a different category than the license indicates, the license holder must: (1) complete a proficiency examination as provided by Section 411.188(e); (2) obtain a handgun proficiency certificate under Section 411.189 not more than six months before the date of application for a modified license; and (3) submit to the department: (A) an application for a modified license on a form provided by the department; (B) a copy of the handgun proficiency certificate; (C) payment of a modified license fee of $25; and (D) two recent color passport photographs of the license holder, except that an applicant who is younger than 21 years of age must submit two recent color passport photographs in profile of the applicant. SECTION 4. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.1951 to read as follows: Sec. 411.1951. REDUCTION OF FEES FOR MEMBERS OF UNITED STATES ARMED FORCES. Notwithstanding any other provision of this subchapter, the department shall reduce by 50 percent any fee required for the issuance of an original, duplicate, modified, or renewed license under this subchapter if the applicant for the license is a member of the United States armed forces, including a member of the reserves, national guard, or state guard. SECTION 5. This Act takes effect September 1, 2005.
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