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A BILL TO BE ENTITLED
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AN ACT
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relating to expedited processing of certain applications for a |
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license to carry a handgun; waiving a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.177, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(b) Except as otherwise provided by Subsection (b-1), the |
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[The] department shall, not later than the 60th day after the date |
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of the receipt by the director's designee of the completed |
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application materials: |
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(1) issue the license; |
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(2) notify the applicant in writing that the |
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application was denied: |
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(A) on the grounds that the applicant failed to |
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qualify under the criteria listed in Section 411.172; |
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(B) based on the affidavit of the director's |
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designee submitted to the department under Section 411.176(c); or |
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(C) based on the affidavit of the qualified |
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handgun instructor submitted to the department under Section |
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411.188(k); or |
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(3) notify the applicant in writing that the |
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department is unable to make a determination regarding the issuance |
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or denial of a license to the applicant within the 60-day period |
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prescribed by this subsection and include in that notification an |
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explanation of the reason for the inability and an estimation of the |
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amount of time the department will need to make the determination. |
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(b-1) If the applicant submits with the completed |
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application materials a copy of an active protective order issued |
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under Title 4, Family Code, or Chapter 7A, Code of Criminal |
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Procedure, or an active magistrate's emergency order of protection |
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under Article 17.292, Code of Criminal Procedure, that indicates |
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that the applicant or another person in the applicant's family or |
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household is protected by the order, the department shall, without |
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charging an additional fee, expedite the application. As soon as |
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practicable after the receipt of the materials under this |
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subsection, the department shall: |
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(1) issue the license; |
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(2) notify the applicant in writing that the |
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application was denied: |
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(A) on the grounds that the applicant failed to |
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qualify under the criteria listed in Section 411.172; |
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(B) based on the affidavit of the director's |
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designee submitted to the department under Section 411.176(c); or |
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(C) based on the affidavit of the qualified |
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handgun instructor submitted to the department under Section |
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411.188(k); or |
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(3) notify the applicant in writing that the |
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department is unable to make a determination regarding the issuance |
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or denial of a license to the applicant within the period of three |
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business days as prescribed by this subsection and include in that |
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notification an explanation of the reason for the inability and an |
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estimation of the amount of time the department will need to make |
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the determination. |
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(b-2) The director shall adopt policies for expedited |
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processing under Subsection (b-1). |
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(c) Failure of the department to issue or deny a license for |
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a period of more than 30 days after the department is required to |
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act under Subsection (b) or (b-1) constitutes denial. |
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SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1954 to read as follows: |
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Sec. 411.1954. WAIVING OF FEES FOR CERTAIN APPLICANTS WITH |
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PROTECTIVE ORDER. Notwithstanding any other provision of this |
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subchapter, the fee for the issuance of an original, duplicate, |
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modified, or renewed license under this subchapter if the applicant |
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submits to the department a copy of an active protective order |
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issued under Title 4, Family Code, or Chapter 7A, Code of Criminal |
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Procedure, or an active magistrate's emergency order of protection |
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under Article 17.292, Code of Criminal Procedure, that indicates |
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that the applicant or another person in the applicant's family or |
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household is protected by the order, shall be waived. |
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SECTION 3. Section 411.177, Government Code, as amended by |
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this Act, applies only to an application for a license to carry a |
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handgun for which the completed application materials are received |
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by the Department of Public Safety of the State of Texas on or after |
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the effective date of this Act. |
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An application for a license to |
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carry a handgun for which the completed application materials were |
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received before the effective date of this Act is governed by the |
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law in effect on the date the materials were received, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. Section 411.1954, Government Code, as added by |
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this Act, applies only to an application for an original, |
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duplicate, modified, or renewed license to carry a handgun |
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submitted on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |