82R7626 JSC-D

By: Flynn H.B. No. 2613

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a procedure under which a person may maintain a license to carry a concealed handgun.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 license issued in accordance with the procedure established under this subsection is subject to the continuing eligibility requirements described by[:

[(1) remains in effect until the license expires under Section 411.183; and

[(2) may be renewed under] Section 411.185.

SECTION 2. 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) one or more photographs of the applicant that meet the requirements of the department;

(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 in an amount set by the director, not to exceed $280 and [of $140] paid to the department;

(7) evidence of handgun proficiency, in the form and manner required by the department;

(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 3. Section 411.185, Government Code, is amended to read as follows:

Sec. 411.185. CONTINUING ELIGIBILITY REQUIREMENTS TO MAINTAIN LICENSE [RENEWAL]. (a) To maintain [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 the continuing eligibility [of] application form is due under Subdivision (2), except that a person who has held a license for more than 10 years [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; and

(2) on or before each fifth anniversary of the date the license is issued, submit to the department:

(A) a continuing eligibility [an] application [for renewal on a] form provided by the department that includes[;

[(B)] evidence of handgun proficiency[,] in the form and manner required by the department;

(B) [(C)] payment of a nonrefundable [renewal] fee to maintain a license as set by the director [department]; and

(C) [(D)] one or more photographs of the applicant that meet the requirements of the department.

(b) The director by rule shall adopt a continuing eligibility [renewal] application form requiring an update of the information on the original completed application. The director by rule shall set the [renewal] fee to maintain a license in an amount that is sufficient to cover the actual cost to the department to verify the information contained in the continuing eligibility application form and to conduct any necessary investigation concerning the license holder's continued eligibility to hold [renew] a license. Not later than the 60th day before the date on which a continuing eligibility application form is due under Subsection (a)(2) [expiration date of the license], the department shall mail to each license holder a written notice of the eligibility requirements to maintain a [expiration of the] license and a continuing eligibility application [renewal] form.

(c) The department shall allow [renew the license of] a license holder to maintain the person's license if the license holder [who] meets all the eligibility requirements and submits all the [renewal] materials described by Subsection (a). 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 whether the department accepted or denied the license holder's continuing eligibility [that the renewal] application [was denied].

(d) The director by rule shall adopt a procedure by which a license holder who satisfies the eligibility requirements to maintain a license [criteria] may submit the application materials [renew a license] by mail or on the Internet. Under the procedure, the [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. The license holder must sign and return the form to the department by mail or acknowledge the form electronically on the Internet.

SECTION 4. Section 411.186(d), Government Code, is amended to read as follows:

(d) A license holder whose license is revoked under Subsection (a)(6) may reapply for a [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 5. Sections 411.187(a) and (c), Government Code, are amended to read as follows:

(a) The department shall suspend a license 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 notify the department of a change of address, name, or status as required by Section 411.181;

(3) carries a concealed handgun under the authority of this subchapter of a different category than the license holder is licensed to carry;

(4) fails to return a previously issued license after a license is modified as required by Section 411.184(d);

(5) fails to submit a continuing eligibility application form by the 30th day after the date the application is due under Section 411.185(a)(2);

(6) commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or

(7) [(6)] 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 license under this section:

(1) for 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2), (3), or (4), except as provided by Subdivision (2);

(2) 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) has been previously suspended for the same reason;

(3) until dismissal of the charges, if the person's license is subject to suspension for the reason listed in Subsection (a)(1); [or]

(4) until the person submits a continuing eligibility application form and meets all the eligibility requirements to maintain a license, if the person's license is subject to suspension for the reason listed in Subsection (a)(5); 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) [(a)(5)]; 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) [(a)(6)].

SECTION 6. Sections 411.188(c), (d), (g), (j), and (k), 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 to establish evidence of handgun proficiency for purposes of a continuing eligibility application under Section 411.185 [who wishes to renew a 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 or to maintain [renew] a 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 or maintain [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.

(j) The department may offer online, or allow a qualified handgun instructor to offer online, the continuing education instruction course and written section of the proficiency examination required to establish evidence of handgun proficiency for purposes of a continuing eligibility application under Section 411.185 [renew a license].

(k) A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license, continuing eligibility application [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 7. 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 or maintain [renew] a 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 or continuing eligibility application, 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 8. Section 411.1882(c), Government Code, is amended to read as follows:

(c) A license issued under this section becomes subject to the continuing eligibility requirements described by Section 411.185 [automatically expires] on the six-month anniversary of the date the person's status under Subsection (a) becomes inapplicable. [A license that expires under this subsection may be renewed under Section 411.185.]

SECTION 9. 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, duplicate, or modified[, or renewed] license or to maintain a license under this subchapter if the department determines that the applicant is indigent.

SECTION 10. Section 411.195, Government Code, is amended to read as follows:

Sec. 411.195. REDUCTION OF 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, duplicate, or modified[, or renewed] license or to maintain a license under this subchapter if the applicant for the license is 60 years of age or older.

SECTION 11. Sections 411.1951(b) and (c), Government Code, are amended 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, duplicate, or modified[, or renewed] license or to maintain a license under this subchapter if the applicant for the 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, duplicate, or modified[, or renewed] license or to maintain a license under this subchapter if the applicant for the 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.

SECTION 12. Section 411.199(e), Government Code, is amended to read as follows:

(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. 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 to establish evidence of handgun proficiency for purposes of a continuing eligibility application under Section 411.185 [renewal].

SECTION 13. Section 401.201(g), Government Code, is amended to read as follows:

(g) A license issued under this section is subject to the continuing eligibility requirements described by [expires as provided by Section 411.183 and, except as otherwise provided by this subsection, may be renewed in accordance with] Section 411.185, except as otherwise provided by this subsection [of this subchapter]. An active judicial officer is not required to attend the classroom instruction part of the continuing education proficiency course to maintain [renew] a license.

SECTION 14. Sections 411.181(h), 411.183, 411.199(f), and 411.1991(d), Government Code, are repealed.

SECTION 15. The change in law made by this Act applies only to a license to carry a concealed handgun that is issued on or after the effective date of this Act. A license to carry a concealed handgun issued before the effective date of this Act is covered by the law as it existed immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 16. (a) Notwithstanding the change in law made by this Act, a person who holds an unexpired license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, on the effective date of this Act may apply for renewal of that license in the manner provided by Subchapter H, Chapter 411, Government Code, as it existed immediately before the effective date of this Act.

(b) On receipt of an application for renewal submitted on or after the effective date of this Act by a person described by Subsection (a) of this section, the Department of Public Safety shall issue the person a concealed handgun license that may be maintained under the provisions of Subchapter H, Chapter 411, Government Code, as amended by this Act.

SECTION 17. This Act takes effect September 1, 2011.