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.