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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
411.0625(c), Government Code, is amended to read as follows:
(c) The department shall
adopt rules to establish a procedure by which a resident of the state may
apply for and be issued a Capitol access pass. Rules adopted under this
section must include provisions for eligibility, application, approval,
issuance, and renewal that:
(1) require the department
to conduct the same background check on an applicant for a Capitol access
pass that is conducted on an applicant for a license to carry a handgun
under Subchapter H;
(2) enable the department to
conduct the background check described by Subdivision (1); and
(3) establish application
and renewal fees in amounts sufficient to cover the cost of administering
this section[, not to exceed the amounts of similar fees required under
Section 411.174 for a license to carry a handgun].
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No
equivalent provision.
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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 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.
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No
equivalent provision.
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SECTION 3. Section
411.174(a), Government Code, is amended to read as follows:
(a) An applicant for a
license to carry a 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 of $140 paid to the
department;
[(7)] evidence of
handgun proficiency, in the form and manner required by the department;
(7) [(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
(8) [(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).
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SECTION 1. Section
411.174(a), Government Code, is amended to read as follows:
(a) An applicant for a
license to carry a 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 of $40 [$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).
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SECTION 4. Section 411.179,
Government Code, is amended by amending Subsection (e) and adding
Subsection (f) to read as follows:
(e) [In this subsection,
"veteran" has the meaning assigned by Section 411.1951.] The
department shall include the designation "VETERAN" on the face of
any original, duplicate, modified, or renewed license under this subchapter
or on the reverse side of the license, as determined by the department, if
the license is issued to a veteran who:
(1) requests the
designation; and
(2) provides proof
sufficient to the department of the veteran's military service and
honorable discharge.
(f) For purposes of Subsection
(e), "veteran" means a person who:
(1) has served in:
(A) the army, navy, air
force, coast guard, or marine corps of the United States;
(B) the Texas military
forces as defined by Section 437.001; or
(C) an auxiliary service
of one of those branches of the armed forces; and
(2) has been honorably
discharged from the branch of the service in which the person served.
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No
equivalent provision.
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SECTION 5. Section
411.181(h), Government Code, is amended to read as follows:
(h) If a license holder is
required under this section to apply for a duplicate license and the
license expires not later than the 60th day after the date of the loss,
theft, or destruction of the license, the applicant may renew the license
with the modified information included on the new license. [The
applicant must pay only the nonrefundable renewal fee.]
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No
equivalent provision.
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SECTION 6. Sections
411.185(a) and (b), Government Code, are amended to read as follows:
(a) To renew a license, a
license holder must, on or before the date the license expires, submit to
the department by mail or, in accordance with the procedure adopted under
Subsection (f), on the Internet:
(1) a renewal application on
a form provided by the department;
[(2)
payment of a nonrefundable renewal fee as set by the department;] and
(2) [(3)] the
informational form described by Subsection (c) signed or electronically
acknowledged by 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:
[(1) verify the
information contained in the renewal application form;
[(2) conduct any
necessary investigation concerning the license holder's continued
eligibility to hold a license; and
[(3) issue the renewed
license.]
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SECTION 2. Sections
411.185(a) and (b), Government Code, are amended to read as follows:
(a) To renew a license, a
license holder must, on or before the date the license expires, submit to
the department by mail or, in accordance with the procedure adopted under
Subsection (f), on the Internet:
(1) a renewal application on
a form provided by the department;
(2)
payment of a nonrefundable renewal fee of $40 [as set by the
department]; and
(3) the informational form
described by Subsection (c) signed or electronically acknowledged by 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:
[(1) verify the
information contained in the renewal application form;
[(2) conduct any
necessary investigation concerning the license holder's continued
eligibility to hold a license; and
[(3) issue the renewed
license.]
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SECTION 7. Sections
411.186(a) and (c), Government Code, are amended to read as follows:
(a) The department shall
revoke a license under this section if the license holder:
(1) was not entitled to the
license at the time it was issued;
(2) made a material
misrepresentation or failed to disclose a material fact in an application
submitted under this subchapter;
(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; 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 if the applicant fails to
submit a cashier's check or money order made payable to the
"Department of Public Safety of the State of Texas" in the amount
of the dishonored or reversed fee, plus $25, within 30 days of being
notified by the department that the fee was dishonored or reversed].
(c) A license holder whose
license is revoked for a reason listed in Subsection (a) [Subsections
(a)(1)-(5)] 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.
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No
equivalent provision.
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SECTION 8. Section
411.190(c), Government Code, is amended to read as follows:
(c) In the manner applicable
to a person who applies for a license to carry a handgun, the department
shall conduct a background check of a person who applies for certification
as a qualified handgun instructor. If the background check indicates that
the applicant for certification would not qualify to receive a handgun
license, the department may not certify the applicant as a qualified
handgun instructor. If the background check indicates that the applicant
for certification would qualify to receive a handgun license, the
department shall provide handgun instructor training to the applicant. The
applicant shall pay a fee of $100 to the department for the training. The
applicant must take and successfully complete the training offered by the
department and pay the training fee before the department may certify the
applicant as a qualified handgun instructor. The department shall issue a
license to carry a handgun under the authority of this subchapter to any
person who is certified as a qualified handgun instructor [and who pays to the department a fee of
$100 in addition to the training fee]. The department by rule
may prorate or waive the training fee for an employee of another
governmental entity.
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SECTION 3. Section
411.190(c), Government Code, is amended to read as follows:
(c) In the manner applicable
to a person who applies for a license to carry a handgun, the department
shall conduct a background check of a person who applies for certification
as a qualified handgun instructor. If the background check indicates that
the applicant for certification would not qualify to receive a handgun
license, the department may not certify the applicant as a qualified
handgun instructor. If the background check indicates that the applicant
for certification would qualify to receive a handgun license, the
department shall provide handgun instructor training to the applicant. The
applicant shall pay a fee of $100 to the department for the training. The
applicant must take and successfully complete the training offered by the
department and pay the training fee before the department may certify the
applicant as a qualified handgun instructor. The department shall issue a
license to carry a handgun under the authority of this subchapter to any
person who is certified as a qualified handgun instructor and who pays to
the department a fee of $40 [$100] in addition to the
training fee. The department by rule may prorate or waive the training fee
for an employee of another governmental entity.
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No
equivalent provision.
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SECTION 4. The heading to
Section 411.194, Government Code, is amended to read as follows:
Sec. 411.194. REDUCTION OF CERTAIN
FEES DUE TO INDIGENCY.
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No
equivalent provision.
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SECTION 5. Section
411.194(a), Government Code, is amended to read as follows:
(a) Notwithstanding any
other provision of this subchapter, if the department determines that an
applicant is indigent, the department shall reduce by:
(1) 50 percent any
fee required for the issuance of a [an original,] duplicate or[,]
modified[, or renewed] license under this subchapter; and
(2) $5 any fee required
for the issuance of a renewed license under this subchapter [if the
department determines that the applicant is indigent].
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No
equivalent provision.
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SECTION 6. Section 411.195,
Government Code, is amended to read as follows:
Sec. 411.195. REDUCTION OF
CERTAIN FEES FOR SENIOR CITIZENS. Notwithstanding any other provision of
this subchapter, if an applicant for the license is 60 years of age or
older, the department shall reduce by:
(1) 50 percent any
fee required for the issuance of a [an original,] duplicate or[,]
modified[, or renewed] license under this subchapter; and
(2) $5 any fee required
for the issuance of a renewed license under this subchapter [if the
applicant for the license is 60 years of age or older].
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SECTION 9. Sections
411.201(d) and (h), Government Code, are amended to read as follows:
(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 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 handgun
proficiency, in the form and manner required by the department for an
applicant under this section;
[(5) 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
handgun under this subchapter;] and
(5) [(6)] if
the applicant is a retired judicial officer, 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.
(h)
The department shall issue a license to carry a 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, duplicate, or renewed license
under this subchapter for an applicant who is an attorney elected or
employed to represent the state in the prosecution of felony cases.]
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SECTION 7. Section
411.201(d), Government Code, is amended to read as follows:
(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 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 handgun
proficiency, in the form and manner required by the department for an
applicant under this section;
(5) a nonrefundable
application and license fee of $25
[set by the department in an amount reasonably designed to cover the
administrative costs associated with issuance of a license to carry a
handgun under this subchapter]; and
(6) if the applicant is a
retired judicial officer, 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.
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SECTION 10. Section
118.011(b), Local Government Code, as effective until September 1, 2019, is
amended to read as follows:
(b) The county clerk may set
and collect the following fee from any person:
(1) Returned Check (Sec.
118.0215) . . . not less than $15 or more than $30
(2) Records Management and
Preservation Fee (Sec. 118.0216)not more than $10
[(3) Mental Health
Background Check for License to Carry a Handgun (Sec. 118.0217)not more
than $2]
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No
equivalent provision.
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SECTION 11. (a) Section
118.011(b), Local Government Code, as effective September 1, 2019, is
amended to read as follows:
(b) The county clerk may set
and collect the following fee from any person:
(1) Returned Check (Sec.
118.0215) . . . not less than $15 or more than $30
(2) Records Management and
Preservation Fee (Sec. 118.0216)not more than $5
[(3) Mental Health
Background Check for License to Carry a Handgun (Sec. 118.0217)not more
than $2]
(b) This section takes
effect September 1, 2019.
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No
equivalent provision.
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SECTION 12. The following
provisions are repealed:
(1) Sections 411.181(d) and
(i), 411.186(d), 411.194, 411.195, 411.1951, 411.1952, 411.1953,
411.199(d), 411.1991(c), and 411.1992(d), Government Code; and
(2) Section 118.0217, Local
Government Code.
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No
equivalent provision.
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SECTION 13. The change in
law made by this Act applies only to an applicant for an original, duplicate, modified, or renewed license
to carry a handgun under Subchapter H, Chapter 411, Government Code, as
amended by this Act, who submits the application on or after the effective
date of this Act.
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SECTION 8. The change in law
made by this Act applies only to an applicant for an original or renewed
license to carry a handgun under Subchapter H, Chapter 411, Government
Code, as amended by this Act, who submits the application on or after the
effective date of this Act.
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SECTION 14. Except as otherwise provided by this Act,
this Act takes effect September 1, 2017.
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SECTION 9. This Act takes
effect September 1, 2017.
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