By: Burns, Herrero, Guillen H.B. No. 2137
        (Senate Sponsor - Flores)
         (In the Senate - Received from the House April 16, 2019;
  April 17, 2019, read first time and referred to Committee on State
  Affairs; May 1, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; May 1, 2019, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2137 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an application made by certain retired state and
  federal officers to obtain a license to carry a handgun; waiving a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.199, Government Code, is amended by
  amending Subsections (b), (d), (f), and (g) and adding Subsections
  (e) and (e-1) to read as follows:
         (b)  The person shall submit two complete sets of legible and
  classifiable fingerprints and a sworn statement from the head of
  the law enforcement agency employing the applicant. A head of a law
  enforcement agency may not refuse to issue a statement under this
  subsection. If the applicant alleges that the statement is untrue,
  the department shall investigate the validity of the statement.
  The statement must include:
               (1)  the name and rank of the applicant;
               (2)  the status of the applicant before retirement;
               (3)  whether or not the applicant was accused of
  misconduct at the time of the retirement;
               (4)  the physical and mental condition of the
  applicant;
               (5)  the type of weapons the applicant had demonstrated
  proficiency with during the last year of employment;
               (6)  whether the applicant would be eligible for
  reemployment with the agency, and if not, the reasons the applicant
  is not eligible; [and]
               (7)  a recommendation from the agency head regarding
  the issuance of a license under this subchapter; and
               (8)  whether the applicant holds a current certificate
  of proficiency under Section 1701.357, Occupations Code.
         (d)  The department shall waive any fee required [An
  applicant under this section must pay a fee of $25] for a license
  issued under this subchapter to an applicant under this section.
         (e)  An applicant under this section who complies with
  Subsections (b) and (c) or Subsection (g), as applicable, and with
  the other requirements of this subchapter is not required to
  complete the classroom instruction portion of the handgun
  proficiency course described by Section 411.188 to obtain a license
  under this subchapter.
         (e-1)  An applicant described by Subsection (e) who holds a
  current certificate of proficiency under Section 1701.357,
  Occupations Code, is not required to complete the range instruction
  portion of the handgun proficiency course described by Section
  411.188 to obtain a license under this subchapter.
         (f)  A license issued under this subchapter to an applicant 
  under this section expires as provided by Section 411.183.
         (g)  A retired officer of the United States who was eligible
  to carry a firearm in the discharge of the officer's official duties
  is eligible to apply under this section for a license issued under
  this subchapter [section]. An applicant described by this
  subsection may submit the application at any time after retirement.
  The applicant shall submit with the application proper proof of
  retired status by presenting the following documents prepared by
  the agency from which the applicant retired:
               (1)  retirement credentials; and
               (2)  a letter from the agency head stating the
  applicant retired in good standing.
         SECTION 2.  Section 411.199, Government Code, as amended by
  this Act, applies only to an application for a license to carry a
  handgun submitted 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 3.  This Act takes effect September 1, 2019.
 
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