By: Frost, Guillen (Senate Sponsor - Eltife) H.B. No. 1483
(In the Senate - Received from the House April 27, 2005;
April 29, 2005, read first time and referred to Committee on
Criminal Justice; May 20, 2005, reported favorably by the
following vote: Yeas 4, Nays 0; May 20, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the method of payment for a concealed handgun license
and the fee for a duplicate or modified license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.196, Government Code, is amended to
read as follows:
Sec. 411.196. METHOD OF PAYMENT. A person may pay a fee
required by this subchapter [only] by cash, credit card, personal
check, cashier's check, or money order. A person who pays a fee
required by this subchapter by cash must pay the fee in person.
Checks or money orders must be made payable to the "Texas Department
of Public Safety[," or any other method approved by the
department]." A person whose payment for a fee required by this
subchapter is dishonored or reversed must pay any future fees
required by this subchapter by cashier's check or money order made
payable to the "Texas Department of Public Safety." A fee received
by the department under this subchapter is nonrefundable.
SECTION 2. Section 411.186, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) A license may be revoked under this section if the
license holder:
(1) was not entitled to the license at the time it was
issued;
(2) gave false information on the application;
(3) subsequently becomes ineligible for a license
under Section 411.172, unless the sole basis for the ineligibility
is that the license holder is charged with the commission of a Class
A or Class B misdemeanor or an offense under Section 42.01, Penal
Code, or of a felony under an information or indictment;
(4) is convicted of an offense under Section 46.035,
Penal Code; [or]
(5) is determined by the department to have engaged in
conduct constituting a reason to suspend a license listed in
Section 411.187(a) after the person's license has been previously
suspended twice for the same reason; or
(6) submits an application fee that is dishonored or
reversed.
(c) A license holder whose license is revoked for a reason
listed in Subsections (a)(1)-(5) [this section] may reapply as a
new applicant for the issuance of a license under this subchapter
after the second anniversary of the date of the revocation if the
cause for revocation does not exist on the date of the second
anniversary. If the cause for revocation exists on the date of the
second anniversary after the date of revocation, the license holder
may not apply for a new license until the cause for revocation no
longer exists and has not existed for a period of two years.
(d) A license holder whose license is revoked under
Subsection (a)(6) may reapply for an original or renewed license at
any time, provided the application fee and a dishonored payment
charge of $25 is paid by cashier's check or money order made payable
to the "Texas Department of Public Safety."
SECTION 3. Section 411.181, Government Code, is amended by
amending Subsection (d) and adding Subsection (i) to read as
follows:
(d) The department shall charge a license holder a fee of
$10 [$25] for a duplicate license.
(i) A license holder whose application fee for a duplicate
license under this section is dishonored or reversed may reapply
for a duplicate license at any time, provided the application fee
and a dishonored payment charge of $25 is paid by cashier's check or
money order made payable to the "Texas Department of Public
Safety."
SECTION 4. Section 411.184, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) 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 $10
[$25]; and
(D) two recent color passport photographs of the
license holder.
(e) A license holder whose application fee for a modified
license under this section is dishonored or reversed may reapply
for a modified license at any time, provided the application fee and
a dishonored payment charge of $25 is paid by cashier's check or
money order made payable to the "Texas Department of Public
Safety."
SECTION 5. The change in law made by this Act applies only
to an applicant for an original, renewed, duplicate, or modified
license under Chapter 411, Government Code, as amended by this Act,
who submits the application on or after the effective date of this
Act.
SECTION 6. This Act takes effect September 1, 2005.
* * * * *