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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for a license to carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.171(4), Government Code, is amended |
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to read as follows: |
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(4) "Convicted" means an adjudication of guilt or[,
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except as provided in Section 411.1711,] an order of deferred |
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adjudication entered against a person by a court of competent |
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jurisdiction regardless of whether [or not] the imposition of the |
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sentence is subsequently probated and the person is discharged from |
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community supervision. The term does not include an adjudication |
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of guilt or an order of deferred adjudication that has been |
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subsequently: |
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(A) expunged; |
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(B) pardoned under the authority of a state or |
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federal official; or |
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(C) otherwise vacated, set aside, annulled, |
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invalidated, voided, or sealed under any state or federal law. |
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SECTION 2. Section 411.172(a), Government Code, is amended |
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to read as follows: |
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(a) A person is eligible for a license to carry a handgun if |
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the person: |
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(1) is a legal resident of this state for the six-month |
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period preceding the date of application under this subchapter or |
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is otherwise eligible for a license under Section 411.173(a); |
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(2) is at least 21 years of age; |
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(3) [has not been convicted of a felony;
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[(4)
is not charged with the commission of a Class A or
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Class B misdemeanor or equivalent offense, or of an offense under
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Section 42.01, Penal Code, or equivalent offense, or of a felony
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under an information or indictment;
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[(5)
is not a fugitive from justice for a felony or a
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Class A or Class B misdemeanor or equivalent offense;
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[(6) is not a chemically dependent person;
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[(7)
is not incapable of exercising sound judgment
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with respect to the proper use and storage of a handgun;
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[(8)
has not, in the five years preceding the date of
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application, been convicted of a Class A or Class B misdemeanor or
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equivalent offense or of an offense under Section 42.01, Penal
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Code, or equivalent offense;
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[(9)] is not prohibited by [fully qualified under] |
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applicable federal or [and] state law from possessing [to purchase] |
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a firearm [handgun]; |
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[(10)
has not been finally determined to be delinquent
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in making a child support payment administered or collected by the
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attorney general;
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[(11)
has not been finally determined to be delinquent
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in the payment of a tax or other money collected by the comptroller,
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the tax collector of a political subdivision of the state, or any
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agency or subdivision of the state;
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[(12)
is not currently restricted under a court
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protective order or subject to a restraining order affecting the
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spousal relationship, other than a restraining order solely
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affecting property interests;
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[(13)
has not, in the 10 years preceding the date of
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application, been adjudicated as having engaged in delinquent
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conduct violating a penal law of the grade of felony;] and |
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(4) [(14)] has not made any material |
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misrepresentation, or failed to disclose any material fact, in an |
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application submitted pursuant to Section 411.174. |
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SECTION 3. Sections 411.186(a), (c), and (d), Government |
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Code, are amended to read as follows: |
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(a) The department shall revoke a license under this section |
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if the license holder: |
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(1) was not entitled to the license at the time it was |
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issued; |
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(2) made a material misrepresentation or failed to |
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disclose a material fact in an application submitted under this |
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subchapter; |
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(3) subsequently becomes ineligible for a license |
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under Section 411.172[, unless the sole basis for the ineligibility
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is that the license holder is charged with the commission of a Class
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A or Class B misdemeanor or equivalent offense, or of an offense
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under Section 42.01, Penal Code, or equivalent offense, or of a
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felony under an information or indictment]; or |
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(4) [is convicted of an offense under Section 46.035,
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Penal Code;
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[(5)
is determined by the department to have engaged
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in conduct constituting a reason to suspend a license listed in
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Section 411.187(a) after the person's license has been previously
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suspended twice for the same reason; or
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[(6)] submits an application fee that is dishonored or |
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reversed if the applicant fails to submit a cashier's check or money |
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order made payable to the "Texas Department of Public Safety [of the
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State of Texas]" in the amount of the dishonored or reversed fee, |
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plus $25, within 30 days of being notified by the department that |
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the fee was dishonored or reversed. |
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(c) A license holder whose license is revoked for a reason |
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listed in Subsection (a)(1), (2), or (3) [Subsections (a)(1)-(5)] |
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may reapply as a new applicant for the issuance of a license under |
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this subchapter after the second anniversary of the date of the |
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revocation if the cause for revocation does not exist on the date of |
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the second anniversary. If the cause for revocation exists on the |
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date of the second anniversary after the date of revocation, the |
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license holder may not apply for a new license until the cause for |
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revocation no longer exists and has not existed for a period of two |
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years. |
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(d) A license holder whose license is revoked under |
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Subsection (a)(4) [(a)(6)] may reapply for an original or renewed |
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license at any time, provided the application fee and a dishonored |
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payment charge of $25 is paid by cashier's check or money order made |
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payable to the "Texas Department of Public Safety." |
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SECTION 4. Sections 411.187(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The department shall suspend a license under this |
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section if the license holder: |
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(1) is charged with the commission of an offense and, |
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if convicted of the offense, the person would be ineligible under |
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federal or state law to possess a firearm [a Class A or Class B
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misdemeanor or equivalent offense, or of an offense under Section
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42.01, Penal Code, or equivalent offense, or of a felony under an
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information or indictment]; |
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(2) fails to notify the department of a change of |
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address, name, or status as required by Section 411.181; or |
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(3) [commits an act of family violence and] is the |
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subject of an active protective order that causes the person to |
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become ineligible under federal or state law to possess a firearm |
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[rendered under Title 4, Family Code; or
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[(4)
is arrested for an offense involving family
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violence or an offense under Section 42.072, Penal Code, and is the
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subject of an order for emergency protection issued under Article
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17.292, Code of Criminal Procedure]. |
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(c) The department shall suspend a license under this |
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section: |
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(1) for 30 days, if the person's license is subject to |
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suspension for a reason listed in Subsection (a)(2)[, (3), or (4),
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except as provided by Subdivision (2)]; |
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(2) [for not less than one year and not more than three
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years, if the person's license:
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[(A)
is subject to suspension for a reason listed
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in Subsection (a), other than the reason listed in Subsection
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(a)(1); and
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[(B)
has been previously suspended for the same
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reason;
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[(3)] until dismissal of the charges, if the person's |
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license is subject to suspension for the reason listed in |
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Subsection (a)(1); or |
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(3) [(4)] for the duration of or the period specified |
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by[:
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[(A)] the protective order [issued under Title 4,
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Family Code,] if the person's license is subject to suspension for |
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the reason listed in Subsection (a)(3) [(a)(5); or
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[(B)
the order for emergency protection issued under
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Article 17.292, Code of Criminal Procedure, if the person's license
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is subject to suspension for the reason listed in Subsection
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(a)(6)]. |
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SECTION 5. Section 411.201(c), Government Code, is amended |
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to read as follows: |
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(c) An active judicial officer is eligible for a license to |
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carry a handgun under the authority of this subchapter. A retired |
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judicial officer is eligible for a license to carry a handgun under |
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the authority of this subchapter if the officer meets the |
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requirements under Section 411.172[:
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[(1) has not been convicted of a felony;
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[(2)
has not, in the five years preceding the date of
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application, been convicted of a Class A or Class B misdemeanor or
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equivalent offense;
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[(3)
is not charged with the commission of a Class A or
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Class B misdemeanor or equivalent offense or of a felony under an
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information or indictment;
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[(4) is not a chemically dependent person; and
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[(5) is not a person of unsound mind]. |
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SECTION 6. Sections 411.171(2) and (6), 411.1711, |
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411.172(b), (b-1), (c), (d), (e), and (f), and 411.206(c), |
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Government Code, are repealed. |
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SECTION 7. The changes in law made by this Act to Sections |
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411.172 and 411.201, Government Code, apply only to an application |
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for the issuance, modification, or renewal of a license that is |
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submitted to the Department of Public Safety on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 8. The changes in law made by this Act to Sections |
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411.186 and 411.187, Government Code, apply only to an |
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administrative or judicial determination concerning the revocation |
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or suspension of a license to carry a handgun that is made on or |
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after the effective date of this Act. An administrative or judicial |
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determination made before the effective date of this Act is |
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governed by the law in effect on the date the determination was |
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made, and the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2019. |