By: Fallon  S.B. No. 1691
         (In the Senate - Filed March 6, 2019; March 14, 2019, read
  first time and referred to Committee on State Affairs;
  April 17, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 17, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1691 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to expedited processing of certain applications for a
  license to carry a handgun; waiving a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.177, Government Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (b-2) to
  read as follows:
         (b)  Except as otherwise provided by Subsection (b-1),
  the [The] department shall, not later than the 60th day after the
  date of the receipt by the director's designee of the completed
  application materials:
               (1)  issue the license;
               (2)  notify the applicant in writing that the
  application was denied:
                     (A)  on the grounds that the applicant failed to
  qualify under the criteria listed in Section 411.172;
                     (B)  based on the affidavit of the director's
  designee submitted to the department under Section 411.176(c); or
                     (C)  based on the affidavit of the qualified
  handgun instructor submitted to the department under Section
  411.188(k); or
               (3)  notify the applicant in writing that the
  department is unable to make a determination regarding the issuance
  or denial of a license to the applicant within the 60-day period
  prescribed by this subsection and include in that notification an
  explanation of the reason for the inability and an estimation of the
  amount of time the department will need to make the determination.
         (b-1)  If the applicant submits with the completed
  application materials a copy of an active protective order issued
  under Title 4, Family Code, or Chapter 7A, Code of Criminal
  Procedure, or an active magistrate's emergency order of protection
  under Article 17.292, Code of Criminal Procedure, that indicates
  that the applicant is protected by the order, the department shall,
  without charging a fee, expedite the application. As soon as
  practicable after the receipt of the materials under this
  subsection, the department shall:
               (1)  issue the license; or
               (2)  notify the applicant in writing that the
  application was denied:
                     (A)  on the grounds that the applicant failed to
  qualify under the criteria listed in Section 411.172;
                     (B)  based on the affidavit of the director's
  designee submitted to the department under Section 411.176(c); or
                     (C)  based on the affidavit of the qualified
  handgun instructor submitted to the department under Section
  411.188(k).
         (b-2)  The director shall adopt policies for expedited
  processing under Subsection (b-1).
         SECTION 2.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1954 to read as follows:
         Sec. 411.1954.  WAIVER OF FEES FOR CERTAIN APPLICANTS WITH
  PROTECTIVE ORDER. Notwithstanding any other provision of this
  subchapter, the department shall waive any fee required for the
  issuance of an original, duplicate, modified, or renewed license
  under this subchapter if the applicant submits to the department a
  copy of an active protective order issued under Title 4, Family
  Code, or Chapter 7A, Code of Criminal Procedure, or an active
  magistrate's emergency order of protection under Article 17.292,
  Code of Criminal Procedure, that indicates that the applicant is
  protected by the order.
         SECTION 3.  Section 411.177, Government Code, as amended by
  this Act, applies only to an application for a license to carry a
  handgun for which the completed application materials are received
  by the Department of Public Safety of the State of Texas on or after
  the effective date of this Act. An application for a license to
  carry a handgun for which the completed application materials were
  received before the effective date of this Act is governed by the
  law in effect on the date the materials were received, and the
  former law is continued in effect for that purpose.
         SECTION 4.  Section 411.1954, Government Code, as added by
  this Act, applies only to an application for an original,
  duplicate, modified, or renewed 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 5.  The Department of Public Safety of the State of
  Texas is required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose.  If
  the legislature does not appropriate money specifically for that
  purpose, the Department of Public Safety of the State of Texas may,
  but is not required to, implement a provision of this Act using
  other appropriations available for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.
 
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