81R3193 JSC-D
 
  By: Flynn H.B. No. 3777
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a perpetual license to carry a concealed handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.171, Government Code, is amended by
  adding Subdivisons (8), (9), and (10) to read as follows:
               (8)  "License" means a perpetual license or a renewable
  license issued under this chapter.
               (9)  "Perpetual license" means a license that is issued
  by the department and authorizes a person to carry a concealed
  handgun and that is not subject to renewal.
               (10)  "Renewable license" means a license that is
  issued by the department and authorizes a person to carry a
  concealed handgun and that is subject to renewal.
         SECTION 2.  Section 411.173(a), Government Code, is 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 state 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 renewable license issued in accordance
  with the procedure established under this subsection[:
               [(1)]  remains in effect until the license expires
  under Section 411.183[;] and
               [(2)]  may be renewed under Section 411.185.  A
  perpetual license issued in accordance with the procedure
  established under this subsection does not expire and is not
  subject to renewal under Section 411.185.
         SECTION 3.  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 of:
                     (A)  $140 for a renewable license; or
                     (B)  $300 for a perpetual license;
               (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 4.  Section 411.183, Government Code, is amended to
  read as follows:
         Sec. 411.183.  EXPIRATION OF RENEWABLE LICENSE. (a)  A
  renewable license issued under this subchapter expires on the first
  birthday of the license holder occurring after the fourth
  anniversary of the date of issuance.
         (b)  A renewable [renewed] license renewed under this
  section expires on the license holder's birthdate, five years after
  the date of the expiration of the previous license.
         (c)  A duplicate renewable license expires on the date the
  renewable license that was duplicated would have expired.
         (d)  A modified renewable license expires on the date the
  renewable license that was modified would have expired.
         (e)  A perpetual license does not expire and is not subject
  to renewal under this section.
         SECTION 5.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1845 to read as follows:
         Sec. 411.1845.  CONVERSION TO PERPETUAL LICENSE. (a) A
  person who holds an unexpired renewable license may convert the
  renewable license to a perpetual license by submitting to the
  department:
               (1)  an application for a conversion to a perpetual
  license; and
               (2)  payment of a $160 fee.
         (b)  Notwithstanding Subsection (a), if on January 1, 2010, a
  person holds an unexpired renewable license issued under this
  subchapter, the person may convert that license to a perpetual
  license before the expiration date of the person's renewable
  license by submitting to the department:
               (1)  an application for a conversion to a perpetual
  license; and
               (2)  payment of a $50 fee.
         (c)  The director by rule shall adopt a form for the
  application for conversion.  A form adopted under this subsection
  must require an update of the information in the person's most
  recent completed application for a license.
         (d)  On receipt of a perpetual license under this section,
  the license holder shall return the previously issued renewable
  license to the department.
         (e)  A license holder whose application fee for a license
  conversion under this section is dishonored or reversed may reapply
  for a license conversion 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 6.  Section 411.185, Government Code, is amended to
  read as follows:
         Sec. 411.185.  RENEWAL OF RENEWABLE LICENSE. (a)  To renew
  a renewable license, a [license] holder of that license must:
               (1)  complete a continuing education course in handgun
  proficiency under Section 411.188(c) within the six-month period
  preceding:
                     (A)  the date of application for renewal, for a
  first or second renewal; and
                     (B)  the date of application for renewal or the
  date of application for the preceding renewal, for a third or
  subsequent renewal, to ensure that the license holder is not
  required to complete the course more than once in any 10-year
  period;
               (2)  obtain a handgun proficiency certificate under
  Section 411.189 within the six-month period preceding:
                     (A)  the date of application for renewal, for a
  first or second renewal; and
                     (B)  the date of application for renewal or the
  date of application for the preceding renewal, for a third or
  subsequent renewal, to ensure that the license holder is not
  required to obtain the certificate more than once in any 10-year
  period; and
               (3)  submit to the department:
                     (A)  an application for renewal on a form provided
  by the department;
                     (B)  a copy of the handgun proficiency
  certificate;
                     (C)  payment of a nonrefundable renewal fee as set
  by the department; and
                     (D)  two recent color passport photographs of the
  applicant.
         (b)  The director by rule shall adopt a renewal application
  form requiring an update of the information on the original
  completed application. The director by rule shall set the renewal
  fee in an amount that is sufficient to cover the actual cost to the
  department to renew a renewable license. Not later than the 60th
  day before the expiration date of the renewable license, the
  department shall mail to each [license] holder of a renewable
  license a written notice of the expiration of the renewable license
  and a renewal form.
         (c)  The department shall renew the license of a [license]
  holder of a renewable license who meets all the eligibility
  requirements and submits all the renewal materials. Not later than
  the 45th day after receipt of the renewal materials, the department
  shall issue the renewal or notify the license holder in writing that
  the renewal application was denied.
         (d)  The director by rule shall adopt a procedure by which a
  [license] holder of a renewable license who satisfies the
  eligibility criteria may renew a license by mail. The materials for
  renewal by mail must include a form to be signed and returned to the
  department by the applicant that describes state law regarding:
               (1)  the use of deadly force; and
               (2)  the places where it is unlawful for the holder of a
  license issued under this subchapter to carry a concealed handgun.
         SECTION 7.  Sections 411.188(c), (d), and (g), Government
  Code, are amended to read as follows:
         (c)  The department by rule shall develop a continuing
  education course in handgun proficiency for a [license] holder of a
  renewable license who wishes to renew a renewable license. Only a
  qualified handgun instructor may administer the continuing
  education course. The course must include:
               (1)  at least four hours of instruction on one or more
  of the subjects listed in Subsection (b); and
               (2)  other information the director determines is
  appropriate.
         (d)  Only a qualified handgun instructor may administer the
  proficiency examination to obtain a license or to renew a renewable
  license. The proficiency examination must include:
               (1)  a written section on the subjects listed in
  Subsection (b); and
               (2)  a physical demonstration of proficiency in the use
  of one or more handguns of specific categories and in handgun safety
  procedures.
         (g)  A person who wishes to obtain a license or renew a
  renewable license to carry a concealed handgun must apply in person
  to a qualified handgun instructor to take the appropriate course in
  handgun proficiency, demonstrate handgun proficiency, and obtain a
  handgun proficiency certificate as described by Section 411.189.
         SECTION 8.  Section 411.1881(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  a person may not be required to complete the range instruction
  portion of a handgun proficiency course to obtain a license or renew
  a renewable [concealed handgun] license issued under this
  subchapter if the person:
               (1)  is currently serving in or is honorably discharged
  from:
                     (A)  the army, navy, air force, coast guard, or
  marine corps of the United States or an auxiliary service or reserve
  unit of one of those branches of the armed forces; or
                     (B)  the state military forces, as defined by
  Section 431.001; and
               (2)  has, within the five years preceding the date of
  the person's application for an original or renewed license, as
  applicable, completed a course of training in handgun proficiency
  or familiarization as part of the person's service with the armed
  forces or state military forces.
         SECTION 9.  Sections 411.1882(a) and (c), Government Code,
  are amended to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  a person may not be required to submit to the department a handgun
  proficiency certificate to obtain a license or renew a renewable
  [concealed handgun] license issued under this subchapter if:
               (1)  the person is currently serving in this state as:
                     (A)  a judge or justice of a federal court;
                     (B)  an active judicial officer, as defined by
  Section 411.201, Government Code;  or
                     (C)  a district attorney, assistant district
  attorney, criminal district attorney, assistant criminal district
  attorney, county attorney, or assistant county attorney; and
               (2)  a handgun proficiency instructor approved by the
  Commission on Law Enforcement Officer Standards and Education for
  purposes of Section 1702.1675, Occupations Code, makes a sworn
  statement indicating that the person demonstrated proficiency to
  the instructor in the use of handguns during the 12-month period
  preceding the date of the person's application to the department
  and designating the types of handguns with which the person
  demonstrated proficiency.
         (c)  A renewable license issued under this section
  automatically expires on the six-month anniversary of the date the
  person's status under Subsection (a) becomes inapplicable.  A
  renewable license that expires under this subsection may be renewed
  under Section 411.185.
         SECTION 10.  The heading to Section 411.194, Government
  Code, is amended to read as follows:
         Sec. 411.194.  REDUCTION OF RENEWABLE LICENSE FEES DUE TO
  INDIGENCY.
         SECTION 11.  Section 411.194(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  the department shall reduce by 50 percent any fee required for the
  issuance of an original renewable license, duplicate renewable
  license, modified renewable license, or renewed renewable license
  under this subchapter if the department determines that the
  applicant for the renewable license is indigent. The department
  may not reduce any fee required for the issuance of an original
  perpetual license, duplicate perpetual license, or modified
  perpetual license.
         SECTION 12.  Section 411.195, Government Code, is amended to
  read as follows:
         Sec. 411.195.  REDUCTION OF RENEWABLE LICENSE FEES FOR
  SENIOR CITIZENS.  Notwithstanding any other provision of this
  subchapter, the department shall reduce by 50 percent any fee
  required for the issuance of an original renewable license,
  duplicate renewable license, modified renewable license, or
  renewed renewable license under this subchapter if the applicant
  for the renewable license is 60 years of age or older. The
  department may not reduce any fee required for the issuance of an
  original perpetual license, duplicate perpetual license, or
  modified perpetual license.
         SECTION 13.  The heading to Section 411.1951, Government
  Code, is amended to read as follows:
         Sec. 411.1951.  WAIVER OR REDUCTION OF RENEWABLE LICENSE
  FEES FOR MEMBERS OR VETERANS OF UNITED STATES ARMED FORCES.
         SECTION 14.  Section 411.1951, Government Code, is amended
  by amending Subsections (b) and (c) and adding Subsection (d) to
  read as follows:
         (b)  Notwithstanding any other provision of this subchapter,
  the department shall waive any fee required for the issuance of an
  original renewable license, duplicate renewable license, modified
  renewable license, or renewed renewable license under this
  subchapter if the applicant for the renewable license is:
               (1)  a member of the United States armed forces,
  including a member of the reserves, national guard, or state guard;
  or
               (2)  a veteran who, within 365 days preceding the date
  of the application, was honorably discharged from the branch of
  service in which the person served.
         (c)  Notwithstanding any other provision of this subchapter,
  the department shall reduce by 50 percent any fee required for the
  issuance of an original renewable license, duplicate renewable
  license, modified renewable license, or renewed renewable license
  under this subchapter if the applicant for the renewable license is
  a veteran who, more than 365 days preceding the date of the
  application, was honorably discharged from the branch of the
  service in which the person served.
         (d)  The department may not waive or reduce any fee required
  for an original perpetual license, duplicate perpetual license, or
  modified perpetual license.
         SECTION 15.  Sections 411.199(d), (e), and (f), Government
  Code, are amended to read as follows:
         (d)  An applicant under this section must pay a fee of $25 for
  a renewable license or $100 for a perpetual license issued under
  this subchapter.
         (e)  A retired peace officer who obtains a renewable license
  under this subchapter must maintain, for the category of weapon
  licensed, the proficiency required for a peace officer under
  Section 415.035. The department or a local law enforcement agency
  shall allow a retired peace officer of the department or agency an
  opportunity to annually demonstrate the required proficiency. The
  proficiency shall be reported to the department on application and
  renewal of a renewable license.
         (f)  A renewable license issued under this section expires as
  provided by Section 411.183. A perpetual license issued under this
  section does not expire.
         SECTION 16.  Sections 411.1991(c) and (d), Government Code,
  are amended to read as follows:
         (c)  An applicant under this section shall pay a fee of $25
  for a renewable license or $100 for a perpetual license issued under
  this subchapter.
         (d)  A renewable license issued under this section expires as
  provided by Section 411.183.  A perpetual license issued under this
  section does not expire.
         SECTION 17.  Sections 411.201(g) and (h), Government Code,
  are amended to read as follows:
         (g)  A renewable license issued under this section expires as
  provided by Section 411.183 and, except as otherwise provided by
  this subsection, may be renewed in accordance with Section 411.185
  of this subchapter. A perpetual license issued under this section
  does not expire and is not subject to renewal. An active judicial
  officer is not required to attend the classroom instruction part of
  the continuing education proficiency course to renew a renewable
  license.
         (h)  The department shall issue a license to carry a
  concealed handgun under the authority of this subchapter to an
  elected attorney representing the state in the prosecution of
  felony cases who meets the requirements of this section for an
  active judicial officer. The department shall waive any fee
  required for the issuance of an original renewable license,
  duplicate renewable license, or renewed renewable license under
  this subchapter for an applicant who is an attorney elected or
  employed to represent the state in the prosecution of felony cases.
  The department may not waive any fee required for the issuance of an
  original perpetual license or duplicate perpetual license.
         SECTION 18.  (a)  The Department of Public Safety shall adopt
  rules required by the change in law made by this Act regarding
  perpetual concealed handgun licenses not later than December 1,
  2009.
         (b)  The Department of Public Safety shall issue perpetual
  licenses, including conversions to perpetual licenses, as provided
  by this Act, beginning January 1, 2010.
         SECTION 19.  The change in law made by this Act applies only
  to a concealed handgun license issued or renewed on or after January
  1, 2010. A concealed handgun license issued or renewed before
  January 1, 2010, is covered by the law in effect when that license
  was issued or renewed, and the former law is continued in effect for
  that purpose.
         SECTION 20.  This Act takes effect September 1, 2009.