81R16281 PEP-D
 
  By: Wentworth S.B. No. 2449
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of certain provisions affecting the
  licensing of persons to carry a concealed handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.1711, Government Code, is amended to
  read as follows:
         Sec. 411.1711.  CERTAIN EXEMPTIONS FROM CONVICTIONS. A
  person is not convicted, as that term is defined by Section 411.171,
  if an order of deferred adjudication was entered against the person
  on a date not less than 10 years preceding the date of the person's
  application for a license under this subchapter unless the order of
  deferred adjudication was entered against the person for:
               (1)  an offense under:
                     (A)  Title 5, Penal Code;
                     (B)  [, or] Chapter 25 or 29, Penal Code; or
                     (C)  Section 30.02, 38.112, 38.17, 42.072,
  42.091, 42.10, 43.04, 43.05, 43.24(b)(3), 43.25, 43.26, 49.07, or
  49.08, Penal Code; or
               (2)  an offense under the laws of another state if the
  offense contains elements that are substantially similar to the
  elements of an offense listed in Subdivision (1).
         SECTION 2.  Sections 411.172(a), (d), and (e), Government
  Code, are amended to read as follows:
         (a)  A person is eligible for a license to carry a concealed
  handgun if the person:
               (1)  is a legal resident of this state for the six-month
  period preceding the date of application under this subchapter or
  is otherwise eligible for a license under Section 411.173(a);
               (2)  is at least 21 years of age;
               (3)  has not been convicted of a felony;
               (4)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (5)  is not a fugitive from justice for a felony or a
  Class A or Class B misdemeanor or equivalent offense;
               (6)  is not a chemically dependent person;
               (7)  is not incapable of exercising sound judgment with
  respect to the proper use and storage of a handgun;
               (8)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (9)  is fully qualified under applicable federal and
  state law to purchase a handgun;
               (10)  has not been finally determined to be delinquent
  in making a child support payment administered or collected by the
  attorney general;
               (11)  has not been finally determined to be delinquent
  in the payment of a tax or other money collected by the comptroller,
  the tax collector of a political subdivision of the state, or any
  agency or subdivision of the state;
               (12)  has not been finally determined to be in default
  on a loan made under Chapter 57, Education Code;
               (13)  is not currently restricted under a court
  protective order or subject to a restraining order affecting the
  spousal relationship, other than a restraining order solely
  affecting property interests;
               (14)  has not, in the 10 years preceding the date of
  application, been adjudicated as having engaged in delinquent
  conduct violating a penal law of the grade of felony; and
               (15)  has not made any material misrepresentation, or
  failed to disclose any material fact, in an application submitted
  pursuant to Section 411.174 [or in a request for application
  submitted pursuant to Section 411.175].
         (d)  For purposes of Subsection (a)(7), a person is incapable
  of exercising sound judgment with respect to the proper use and
  storage of a handgun if the person:
               (1)  has been diagnosed by a licensed physician as
  suffering from a psychiatric disorder or condition that causes or
  is likely to cause substantial impairment in judgment, mood,
  perception, impulse control, or intellectual ability;
               (2)  suffers from a psychiatric disorder or condition
  described by Subdivision (1) that:
                     (A)  is in remission but is reasonably likely to
  redevelop at a future time; or
                     (B)  requires continuous medical treatment to
  avoid redevelopment;
               (3)  has been diagnosed by a licensed physician,
  determined by a review board or similar authority, or declared by a
  court to be incompetent to manage the person's own affairs; or
               (4)  has entered in a criminal proceeding a plea of not
  guilty by reason of insanity.
         (e)  The following constitutes evidence that a person has a
  psychiatric disorder or condition described by Subsection (d)(1):
               (1)  involuntary psychiatric hospitalization [in the
  preceding five-year period];
               (2)  psychiatric hospitalization [in the preceding
  two-year period];
               (3)  inpatient or residential substance abuse
  treatment in the preceding five-year period;
               (4)  diagnosis in the preceding five-year period by a
  licensed physician that the person is dependent on alcohol, a
  controlled substance, or a similar substance; or
               (5)  diagnosis at any time by a licensed physician that
  the person suffers or has suffered from a psychiatric disorder or
  condition consisting of or relating to:
                     (A)  schizophrenia or delusional disorder;
                     (B)  bipolar disorder;
                     (C)  chronic dementia, whether caused by illness,
  brain defect, or brain injury;
                     (D)  dissociative identity disorder;
                     (E)  intermittent explosive disorder; or
                     (F)  antisocial personality disorder.
         SECTION 3.  Sections 411.174(a) and (b), Government Code,
  are 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)  one or more [two recent color passport]
  photographs of the applicant that meet the requirements of the
  department [, 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)  evidence of [a] handgun proficiency, in the form
  and manner required by the department [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).
         (b)  An applicant must provide on the application a statement
  of the applicant's:
               (1)  full name and place and date of birth;
               (2)  race and sex;
               (3)  residence and business addresses for the preceding
  five years;
               (4)  hair and eye color;
               (5)  height and weight;
               (6)  driver's license number or identification
  certificate number issued by the department;
               (7)  criminal history record information of the type
  maintained by the department under this chapter, including a list
  of offenses for which the applicant was arrested, charged, or under
  an information or indictment and the disposition of the offenses;
  and
               (8)  history [during the preceding five years], if any,
  of treatment received by, commitment to, or residence in:
                     (A)  a drug or alcohol treatment center licensed
  to provide drug or alcohol treatment under the laws of this state or
  another state, but only if the treatment, commitment, or residence
  occurred during the preceding five years; or
                     (B)  a psychiatric hospital.
         SECTION 4.  Section 411.176, Government Code, is amended to
  read as follows:
         Sec. 411.176.  REVIEW OF APPLICATION MATERIALS. (a)  On
  receipt of [the] application materials by the department at its
  Austin headquarters, the department shall conduct the appropriate
  criminal history record check of the applicant through its
  computerized criminal history system. Not later than the 30th day
  after the date the department receives the application materials,
  the department shall forward the materials to the director's
  designee in the geographical area of the applicant's residence so
  that the designee may conduct the investigation described by
  Subsection (b). For purposes of this section, the director's
  designee may be a noncommissioned employee of the department.
         (b)  The director's designee as needed shall conduct an
  additional criminal history record check of the applicant and an
  investigation of the applicant's local official records to verify
  the accuracy of the application materials. The director's designee
  may access any records necessary for purposes of this subsection.
  The scope of the record check and the investigation are at the sole
  discretion of the department, except that the director's designee
  shall complete the record check and investigation not later than
  the 60th day after the date the department receives the application
  materials. The department shall send a fingerprint card to the
  Federal Bureau of Investigation for a national criminal history
  check of the applicant. On completion of the investigation, the
  director's designee shall return all materials and the result of
  the investigation to the appropriate division of the department at
  its Austin headquarters.
         (c)  The director's designee may submit to the appropriate
  division of the department, at the department's Austin
  headquarters, along with the application materials a written
  recommendation for disapproval of the application, accompanied by
  an affidavit stating personal knowledge or naming persons with
  personal knowledge of a ground for denial under Section 411.172.
  The director's designee [in the appropriate geographical area] may
  also submit the application and the recommendation that the license
  be issued.
         (d)  On receipt at the department's Austin headquarters of
  the application materials and the result of the investigation by
  the director's designee, the department shall conduct any further
  record check or investigation the department determines is
  necessary if a question exists with respect to the accuracy of the
  application materials or the eligibility of the applicant, except
  that the department shall complete the record check and
  investigation not later than the 180th day after the date the
  department receives the application materials from the applicant.
         SECTION 5.  Sections 411.177(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The department shall issue a license to carry a
  concealed handgun to an applicant if the applicant meets all the
  eligibility requirements and submits all the application
  materials. The department may issue a license to carry handguns
  only of the categories for which the applicant has demonstrated
  proficiency in the form and manner required by the department
  [indicated on the applicant's certificate of proficiency issued
  under Section 411.189]. The department shall administer the
  licensing procedures in good faith so that any applicant who meets
  all the eligibility requirements and submits all the application
  materials shall receive a license. The department may not deny an
  application on the basis of a capricious or arbitrary decision by
  the department.
         (b)  The department shall, not later than the 60th day after
  the date of the receipt by the director's designee of the completed
  application materials:
               (1)  issue the license;
               (2)  notify the applicant in writing that the
  application was denied:
                     (A)  on the grounds that the applicant failed to
  qualify under the criteria listed in Section 411.172;
                     (B)  based on the affidavit of the director's
  designee submitted to the department under Section 411.176(c)
  [411.176(b)]; or
                     (C)  based on the affidavit of the qualified
  handgun instructor submitted to the department under Section
  411.188(j) [411.189(c)]; or
               (3)  notify the applicant in writing that the
  department is unable to make a determination regarding the issuance
  or denial of a license to the applicant within the 60-day period
  prescribed by this subsection and include in that notification an
  explanation of the reason for the inability and an estimation of the
  amount of time the department will need to make the determination.
         SECTION 6.  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
               (2) [(3)]  submit to the department:
                     (A)  an application for a modified license on a
  form provided by the department;
                     (B)  evidence of [a copy of the] handgun
  proficiency, in the form and manner required by the department
  [certificate];
                     (C)  payment of a modified license fee of $25; and
                     (D)  one or more [two recent color passport]
  photographs of the license holder that meet the requirements of the
  department [, 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 7.  Section 411.185(a), Government Code, is amended
  to read as follows:
         (a)  To renew a license, a license holder 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
               (2) [(3)]  submit to the department:
                     (A)  an application for renewal on a form provided
  by the department;
                     (B)  evidence of [a copy of the] handgun
  proficiency, in the form and manner required by the department
  [certificate];
                     (C)  payment of a nonrefundable renewal fee as set
  by the department; and
                     (D)  one or more [two recent color passport]
  photographs of the applicant that meet the requirements of the
  department.
         SECTION 8.  Section 411.186(a), Government Code, is amended
  to read as follows:
         (a)  The department shall revoke 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 equivalent offense, or of an offense
  under Section 42.01, Penal Code, or equivalent offense, or of a
  felony under an information or indictment;
               (4)  is convicted of an offense under Section 46.035,
  Penal Code;
               (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.
         SECTION 9.  Sections 411.187(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The department shall suspend a [A] license [may be
  suspended] under this section if the license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (2)  fails to display a license as required by Section
  411.205;
               (3)  fails to notify the department of a change of
  address or name as required by Section 411.181;
               (4)  carries a concealed handgun under the authority of
  this subchapter of a different category than the license holder is
  licensed to carry;
               (5)  fails to return a previously issued license after
  a license is modified as required by Section 411.184(d);
               (6)  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; or
               (7)  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure.
         (c)  The department shall suspend a [A] license [may be
  suspended] under this section:
               (1)  for 30 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(3), (4), or (5),
  except as provided by Subdivision (3);
               (2)  for 90 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(2), except as
  provided by Subdivision (3);
               (3)  for not less than one year and not more than three
  years, if the person's license:
                     (A)  is subject to suspension for a reason listed
  in Subsection (a), other than the reason listed in Subsection
  (a)(1); [,]and
                     (B)  [the person's license] has been previously
  suspended for the same reason;
               (4)  until dismissal of the charges, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(1); or
               (5)  for the duration of or the period specified by:
                     (A)  the protective order issued under Title 4,
  Family Code, if the person's license is subject to suspension for
  the reason listed in Subsection (a)(6); or
                     (B)  the order for emergency protection issued
  under Article 17.292, Code of Criminal Procedure, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(7).
         SECTION 10.  Section 411.188, Government Code, is amended by
  amending Subsections (a), (g), (h), and (i) and adding Subsection
  (j) to read as follows:
         (a)  The director by rule shall establish minimum standards
  for handgun proficiency and shall develop a course to teach handgun
  proficiency and examinations to measure handgun proficiency. The
  course to teach handgun proficiency must contain training sessions
  divided into two parts. One part of the course must be classroom
  instruction and the other part must be range instruction and an
  actual demonstration by the applicant of the applicant's ability to
  safely and proficiently use the applicable category of handgun [for
  which the applicant seeks certification]. An applicant must be
  able to demonstrate [may not be certified unless the applicant
  demonstrates], at a minimum, the degree of proficiency that is
  required to effectively operate a handgun of .32 caliber or above.
  The department shall distribute the standards, course
  requirements, and examinations on request to any qualified handgun
  instructor.
         (g)  A person who wishes to obtain or renew a license to carry
  a concealed handgun must apply in person to a qualified handgun
  instructor to take the appropriate course in handgun proficiency
  and [,] demonstrate handgun proficiency as required by the
  department[, and obtain a handgun proficiency certificate as
  described by Section 411.189].
         (h)  A license holder who wishes to modify a license to allow
  the license holder to carry a handgun of a different category than
  the license indicates must apply in person to a qualified handgun
  instructor to demonstrate the required knowledge and proficiency
  [to obtain a handgun proficiency certificate] in that category [as
  described by Section 411.189].
         (i)  A certified firearms instructor of the department may
  monitor any class or training presented by a qualified handgun
  instructor. A qualified handgun instructor shall cooperate with
  the department in the department's efforts to monitor the
  presentation of training by the qualified handgun instructor. A
  qualified handgun instructor shall make available for inspection to
  the department any and all records maintained by a qualified
  handgun instructor under this subchapter. The qualified handgun
  instructor shall keep a record of all [certificates of handgun
  proficiency issued by the qualified handgun instructor and other]
  information required by department rule.
         (j)  A qualified handgun instructor may submit to the
  department a written recommendation for disapproval of the
  application for a license, renewal, or modification of a license,
  accompanied by an affidavit stating personal knowledge or naming
  persons with personal knowledge of facts that lead the instructor
  to believe that an applicant does not possess the required handgun
  proficiency. The department may use a written recommendation
  submitted under this subsection as the basis for denial of a license
  only if the department determines that the recommendation is made
  in good faith and is supported by a preponderance of the evidence.
  The department shall make a determination under this subsection not
  later than the 45th day after the date the department receives the
  written recommendation. The 60-day period in which the department
  must take action under Section 411.177(b) is extended one day for
  each day a determination is pending under this subsection.
         SECTION 11.  Sections 411.199(a) and (e), Government Code,
  are amended to read as follows:
         (a)  A person who is licensed as a peace officer under
  Chapter 1701, Occupations Code, [415] and who has been employed
  full-time as a peace officer by a law enforcement agency may apply
  for a license under this subchapter at any time after retirement.
         (e)  A retired peace officer who obtains a license under this
  subchapter must maintain, for the category of weapon licensed, the
  proficiency required for a peace officer under Section 1701.355,
  Occupations Code [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.
         SECTION 12.  Section 411.1991(a), Government Code, is
  amended to read as follows:
         (a)  A person who is licensed as a peace officer under
  Chapter 1701, Occupations Code, [415] and is employed full-time as
  a peace officer by a law enforcement agency may apply for a license
  under this subchapter. The person shall submit to the department
  two complete sets of legible and classifiable fingerprints and a
  sworn statement of the head of the law enforcement agency employing
  the applicant. A head of a law enforcement agency may not refuse to
  issue a statement under this subsection. If the applicant alleges
  that the statement is untrue, the department shall investigate the
  validity of the statement. The statement must include:
               (1)  the name and rank of the applicant;
               (2)  whether the applicant has been accused of
  misconduct at any time during the applicant's period of employment
  with the agency and the disposition of that accusation;
               (3)  a description of the physical and mental condition
  of the applicant;
               (4)  a list of the types of weapons the applicant has
  demonstrated proficiency with during the preceding year; and
               (5)  a recommendation from the agency head that a
  license be issued to the person under this subchapter.
         SECTION 13.  Sections 411.201(c) and (d), Government Code,
  are amended to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a concealed handgun under the authority of this subchapter. A
  retired judicial officer is eligible for a license to carry a
  concealed handgun under the authority of this subchapter if the
  officer:
               (1)  has not been convicted of a felony;
               (2)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense;
               (3)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense or of a felony under an
  information or indictment;
               (4)  is not a chemically dependent person; and
               (5)  is not a person of unsound mind.
         (d)  An applicant for a license who is an active or retired
  judicial officer must submit to the department:
               (1)  a completed application, including all required
  affidavits, on a form prescribed by the department;
               (2)  one or more [two recent color passport]
  photographs of the applicant that meet the requirements of the
  department;
               (3)  two complete sets of legible and classifiable
  fingerprints of the applicant, including one set taken by a person
  employed by a law enforcement agency who is appropriately trained
  in recording fingerprints;
               (4)  evidence of [a] handgun proficiency, in the form
  and manner required by the department for an applicant under this
  section [certificate issued to the applicant as evidence that the
  applicant successfully completed the proficiency requirements of
  this subchapter];
               (5) [(4)]  a nonrefundable application and license fee
  set by the department in an amount reasonably designed to cover the
  administrative costs associated with issuance of a license to carry
  a concealed handgun under this subchapter; and
               (6) [(5)]  if the applicant is a retired judicial
  officer,[:
                     [(A)     two complete sets of legible and
  classifiable fingerprints of the applicant taken by a person
  employed by a law enforcement agency who is appropriately trained
  in recording fingerprints; and
                     [(B)]  a form executed by the applicant that
  authorizes the department to make an inquiry into any noncriminal
  history records that are necessary to determine the applicant's
  eligibility for a license under this subchapter.
         SECTION 14.  Section 411.208, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The immunities granted under Subsection (a) to a
  qualified handgun instructor do not apply to a cause of action for
  fraud or a deceptive trade practice.
         SECTION 15.  Article 17.292(l), Code of Criminal Procedure,
  is amended to read as follows:
         (l)  In the order for emergency protection, the magistrate
  shall [may] suspend a license to carry a concealed handgun issued
  under Subchapter H, Chapter 411 [Section 411.177], Government Code,
  that is held by the defendant.
         SECTION 16.  Section 57.481(c), Education Code, is amended
  to read as follows:
         (c)  The corporation shall maintain a system of
  communication among the appropriate state agencies and entities to
  reduce loan default claims. To assist the department's
  determination of eligibility for a handgun license under Subchapter
  H, Chapter 411, Government Code, the corporation shall provide to
  the Department of Public Safety updated information regarding
  persons who are determined to be in default on a student loan
  guaranteed by the corporation.
         SECTION 17.  Section 57.491, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Notwithstanding Subsections (e) and (g), the Department
  of Public Safety may not issue or renew the handgun license of an
  applicant who is determined to be in default on a student loan
  guaranteed by the corporation unless the applicant presents to the
  department a certificate issued by the corporation certifying that
  the applicant has repaid the student loan in full.
         SECTION 18.  Section 85.022(d), Family Code, is amended to
  read as follows:
         (d)  In a protective order, the court shall [may] suspend a
  license to carry a concealed handgun issued under Subchapter H,
  Chapter 411 [Section 411.177], Government Code, that is held by a
  person found to have committed family violence.
         SECTION 19.  Section 12.095(e), Health and Safety Code, is
  amended to read as follows:
         (e)  The panel may require the applicant or license holder to
  undergo a medical or other examination at the applicant's or
  holder's expense. A person who conducts an examination under this
  subsection may be compelled to testify before the panel and in any
  subsequent proceedings under Subchapter H, Chapter 411, Government
  Code, or Subchapter N, Chapter 521, Transportation Code, as
  applicable, concerning the person's observations and findings.
         SECTION 20.  Section 12.097(b), Health and Safety Code, is
  amended to read as follows:
         (b)  In a subsequent proceeding under Subchapter H, Chapter
  411, Government Code, or Subchapter N, Chapter 521, Transportation
  Code, the medical standards division may provide a copy of the
  report of the medical advisory board or panel and a medical record
  or report relating to an applicant or license holder to:
               (1)  the Department of Public Safety of the State of
  Texas;
               (2)  the applicant or license holder; and
               (3)  the officer who presides at the hearing.
         SECTION 21.  Sections 411.175, 411.1882, and 411.189,
  Government Code, are repealed.
         SECTION 22.  The changes in law made by Sections 411.1711,
  411.172, and 411.201(c), Government Code, as amended by this Act,
  and by Section 57.491, Education Code, as amended by this Act, apply
  only to the eligibility of a person for the issuance, modification,
  or renewal of a license, the application for which is made on or
  after the effective date of this Act. A holder of a license that was
  issued, modified, or renewed before the effective date of this Act
  is not disqualified from holding that license solely by reason of
  this Act.
         SECTION 23.  The changes in law made by Sections 411.174,
  411.176, 411.177, 411.184, 411.185, 411.188, and 411.201(d),
  Government Code, as amended by this Act, and by the repeal of
  Sections 411.175, 411.1882, and 411.189, Government Code, apply
  only to an application for the issuance, modification, or renewal
  of a license that is submitted to the Department of Public Safety on
  or after the effective date of this Act. An application submitted
  before the effective date of this Act is governed by the law in
  effect when the application was submitted, and the former law is
  continued in effect for that purpose.
         SECTION 24.  The changes in law made by this Act to Sections
  411.186 and 411.187, Government Code, Article 17.292, Code of
  Criminal Procedure, and Section 85.022, Family Code, apply only to
  an administrative or judicial determination concerning the
  revocation or suspension of a license to carry a concealed handgun
  that is made on or after the effective date of this Act.  An
  administrative or judicial determination made before the effective
  date of this Act is covered by the law in effect when the
  determination was made, and the former law is continued in effect
  for that purpose.
         SECTION 25.  The change in law made by Section 411.208,
  Government Code, as amended by this Act, applies only to a cause of
  action that accrues on or after the effective date of this Act.  A
  cause of action that accrued before the effective date of this Act
  is governed by the law in effect immediately before the effective
  date of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 26.  This Act takes effect September 1, 2009.