86R8469 ADM-D

By: Ramos H.B. No. 2046

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a grant pilot program to fund mental health initiatives in public schools and to increasing fees for the issuance of an original or renewed license to carry a handgun.

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

SECTION 1. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.210 to read as follows:

Sec. 411.210. GRANT PILOT PROGRAM TO FUND MENTAL HEALTH INITIATIVES IN PUBLIC SCHOOLS. (a) The department shall establish and administer a grant pilot program to award grants to school districts and open-enrollment charter schools to fund mental health initiatives designed to address the prevention and impact of gun violence. The department may award a grant only to an eligible school district or open-enrollment charter school that is located in a county with a population of at least two million but not more than 3.3 million.

(b) In determining whether to award a grant under this section, the department shall consider whether the proposed mental health initiative:

(1) is evidence-based;

(2) is likely to improve safety on the associated campus; and

(3) has the potential, if successfully implemented, to be replicated statewide.

(c) In deciding whether to award a grant to a school district or open-enrollment charter school that has previously received a grant under this section, the department shall, in addition to the factors described under Subsection (b), consider the results of the previous grant.

(d) The grant pilot program established under this section shall be funded by:

(1) all money received by the department from fees under this subchapter that are paid within a county described by Subsection (a), other than money reasonably necessary to cover the administrative costs associated with the issuance of an original or renewed license to carry a handgun under this subchapter;

(2) federal funds;

(3) gifts, grants, and donations; or

(4) any other money available to the department for the purpose.

SECTION 2. 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 [$40] 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(a), Government Code, is 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 $70 [$40]; and

(3) the informational form described by Subsection (c) signed or electronically acknowledged by the applicant.

SECTION 4. 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 or approved online course provider. 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 or approved online course provider. If the background check indicates that the applicant for certification would qualify to receive a handgun license, the department shall provide handgun instructor or online course provider 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 or approved online course provider. 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 or approved online course provider and who pays to the department a fee of $100 [$40] in addition to the training fee. The department by rule may prorate or waive the training fee for an employee of another governmental entity.

SECTION 5. The changes in law made by this Act to Sections 411.174(a), 411.185(a), and 411.190(c), Government Code, apply 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.

SECTION 6. This Act takes effect September 1, 2019.