86R6976 JSC-F
 
  By: White H.B. No. 1149
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for a license to carry a handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.171(4), Government Code, is amended
  to read as follows:
               (4)  "Convicted" means an adjudication of guilt or[,
  except as provided in Section 411.1711,] an order of deferred
  adjudication entered against a person by a court of competent
  jurisdiction regardless of whether [or not] the imposition of the
  sentence is subsequently probated and the person is discharged from
  community supervision.  The term does not include an adjudication
  of guilt or an order of deferred adjudication that has been
  subsequently:
                     (A)  expunged;
                     (B)  pardoned under the authority of a state or
  federal official; or
                     (C)  otherwise vacated, set aside, annulled,
  invalidated, voided, or sealed under any state or federal law.
         SECTION 2.  Section 411.172(a), Government Code, is amended
  to read as follows:
         (a)  A person is eligible for a license to carry a 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 not prohibited by [fully qualified under]
  applicable federal or [and] state law from possessing [to purchase]
  a firearm [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)     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;
               [(13)     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
               (4) [(14)]  has not made any material
  misrepresentation, or failed to disclose any material fact, in an
  application submitted pursuant to Section 411.174.
         SECTION 3.  Sections 411.186(a), (c), and (d), 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]; or
               (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 if the applicant fails to submit a cashier's check or money
  order made payable to the "Texas 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)(1), (2), or (3) [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.
         (d)  A license holder whose license is revoked under
  Subsection (a)(4) [(a)(6)] may reapply for 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 4.  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 an offense and,
  if convicted of the offense, the person would be ineligible under
  federal or state law to possess a firearm [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; or
               (3)  [commits an act of family violence and] is the
  subject of an active protective order that causes the person to
  become ineligible under federal or state law to possess a firearm
  [rendered under Title 4, Family Code; or
               [(4)     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
               (3) [(4)]  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)(3) [(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)(6)].
         SECTION 5.  Section 411.201(c), Government Code, is amended
  to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a handgun under the authority of this subchapter.  A retired
  judicial officer is eligible for a license to carry a handgun under
  the authority of this subchapter if the officer meets the
  requirements under Section 411.172[:
               [(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].
         SECTION 6.  Sections 411.171(2) and (6), 411.1711,
  411.172(b), (b-1), (c), (d), (e), and (f), and 411.206(c),
  Government Code, are repealed.
         SECTION 7.  The changes in law made by this Act to Sections
  411.172 and 411.201, 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 on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 8.  The changes in law made by this Act to Sections
  411.186 and 411.187, Government Code, apply only to an
  administrative or judicial determination concerning the revocation
  or suspension of a license to carry a 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
  governed by the law in effect on the date the determination was
  made, and the former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2019.