79R5229 RMB-D


By:  Hegar, Driver, Pena, Homer, Flynn,                           H.B. No. 1066
 
    et al.                                                                   



A BILL TO BE ENTITLED

AN ACT

relating to the issuance of concealed handgun licenses to residents 
of 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(a), Government Code, as amended 
by Chapters 255 and 752, Acts of the 78th Legislature, Regular 
Session, 2003, is reenacted and amended to read as follows:
	(a)  The department by rule shall establish a procedure for a 
person 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 if the 
person is a legal resident of another [a] state [that does not 
provide for the issuance of a license to carry a concealed handgun] 
or if the person relocates to this state with the intent to 
establish residency in this state. 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. A license issued in 
accordance with the procedure established under this subsection [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)].
	SECTION 2.  Section 411.173(b), Government Code, is amended 
to read as follows:
	(b)  The governor 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 determines that a background 
check of each applicant for a license issued by that state is 
initiated [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].  For purposes of this subsection, "background check" 
means a search of the National Crime Information Center database 
and the Interstate Identification Index maintained by the Federal 
Bureau of Investigation.
	SECTION 3.  Section 411.173(a-1), Government Code, is 
repealed.              
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.