|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to a license to carry a handgun for certain young adults |
|
who are protected under certain court orders related to family |
|
violence. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 411.172, Government Code, is amended by |
|
adding Subsection (i) to read as follows: |
|
(i) Notwithstanding Subsection (a)(2), a person who is at |
|
least 18 years of age but not yet 21 years of age is eligible for a |
|
license to carry a handgun if the person: |
|
(1) is protected under: |
|
(A) an active protective order issued under: |
|
(i) Title 4, Family Code; or |
|
(ii) Subchapter A, Chapter 7B, Code of |
|
Criminal Procedure; or |
|
(B) an active magistrate's order for emergency |
|
protection under Article 17.292, Code of Criminal Procedure; and |
|
(2) meets the other eligibility requirements of |
|
Subsection (a) except for the minimum age required by federal law to |
|
purchase a handgun. |
|
SECTION 2. Subchapter H, Chapter 411, Government Code, is |
|
amended by adding Section 411.1735 to read as follows: |
|
Sec. 411.1735. PROTECTIVE ORDER DESIGNATION. (a) |
|
Notwithstanding any other provision of this subchapter, a person |
|
who establishes eligibility for a license to carry a handgun under |
|
Section 411.172(i) may only hold a license under this subchapter |
|
that bears a protective order designation on the face of the |
|
license. |
|
(b) A person described by this section must submit a copy of |
|
the applicable court order described by Section 411.172(i)(1) with |
|
the application materials described by Section 411.174. The |
|
person's application is not considered complete for purposes of |
|
this subchapter unless the application includes the documentation |
|
and materials required by this section. |
|
(c) Notwithstanding Section 411.183, a license that bears a |
|
protective order designation under this section is valid only until |
|
the date on which the applicable court order described by Section |
|
411.172(i)(1) is rescinded or expires. |
|
(d) A holder of a license with a protective order |
|
designation under this section who becomes 21 years of age may apply |
|
for a license under this subchapter that does not bear the |
|
designation by using the renewal procedure under Section 411.185, |
|
regardless of whether the license that bears the designation has |
|
expired or is about to expire. |
|
(e) The director shall adopt rules establishing a process by |
|
which the department periodically verifies a license holder's |
|
eligibility for a license to carry a handgun under Section |
|
411.172(i) if the license holder's license bears a protective order |
|
designation under this section. The rules may specify different |
|
intervals at which the department must verify the license holder's |
|
eligibility based on the court order used to satisfy the |
|
eligibility requirement described by Section 411.172(i)(1). |
|
SECTION 3. Section 411.179(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department by rule shall adopt the form of the |
|
license. A license must include: |
|
(1) a number assigned to the license holder by the |
|
department; |
|
(2) a statement of the period for which the license is |
|
effective; |
|
(3) a photograph of the license holder; |
|
(4) the license holder's full name, date of birth, hair |
|
and eye color, height, weight, and signature; |
|
(5) the license holder's residence address or, as |
|
provided by Subsection (d), the street address of the courthouse in |
|
which the license holder or license holder's spouse serves as a |
|
federal judge or the license holder serves as a state judge; |
|
(6) the number of a driver's license or an |
|
identification certificate issued to the license holder by the |
|
department; [and] |
|
(7) the designation "VETERAN" if required under |
|
Subsection (e); and |
|
(8) if applicable, a protective order designation |
|
under Section 411.1735. |
|
SECTION 4. Section 411.205, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license |
|
holder is carrying a handgun on or about the license holder's person |
|
when a magistrate or a peace officer demands that the license holder |
|
display identification, the license holder shall display: |
|
(1) both the license holder's driver's license or |
|
identification certificate issued by the department and the license |
|
holder's handgun license; and |
|
(2) if the license holder's handgun license bears a |
|
protective order designation, a copy of the applicable court order |
|
under which the license holder is protected. |
|
SECTION 5. The changes in law made by this Act to Subchapter |
|
H, Chapter 411, Government Code, apply only to a completed |
|
application for a license to carry a handgun that is received by the |
|
Department of Public Safety of the State of Texas on or after the |
|
effective date of this Act. A completed application received |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the application was received, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 6. This Act takes effect September 1, 2021. |
|
|
|
* * * * * |