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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a fee for the issuance of an original, |
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duplicate, modified, or renewed license to carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0625(c), Government Code, is amended |
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to read as follows: |
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(c) The department shall adopt rules to establish a |
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procedure by which a resident of the state may apply for and be |
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issued a Capitol access pass. Rules adopted under this section |
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must include provisions for eligibility, application, approval, |
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issuance, and renewal that: |
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(1) require the department to conduct the same |
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background check on an applicant for a Capitol access pass that is |
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conducted on an applicant for a license to carry a handgun under |
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Subchapter H; |
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(2) enable the department to conduct the background |
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check described by Subdivision (1); and |
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(3) establish application and renewal fees in amounts |
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sufficient to cover the cost of administering this section[, not to |
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exceed the amounts of similar fees required under Section 411.174 |
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for a license to carry a handgun]. |
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SECTION 2. Section 411.173(a), Government Code, is amended |
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to read as follows: |
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(a) The department by rule shall establish a procedure for a |
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person who meets the eligibility requirements of this subchapter |
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other than the residency requirement established by Section |
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411.172(a)(1) to obtain a license under this subchapter if the |
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person is a legal resident of another state or if the person |
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relocates to this state with the intent to establish residency in |
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this state. [The procedure must include payment of a fee in an |
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amount sufficient to recover the average cost to the department of |
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obtaining a criminal history record check and investigation on a |
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nonresident applicant.] A license issued in accordance with the |
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procedure established under this subsection: |
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(1) remains in effect until the license expires under |
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Section 411.183; and |
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(2) may be renewed under Section 411.185. |
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SECTION 3. Section 411.174(a), Government Code, is amended |
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to read as follows: |
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(a) An applicant for a license to carry a handgun must |
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submit to the director's designee described by Section 411.176: |
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(1) a completed application on a form provided by the |
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department that requires only the information listed in Subsection |
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(b); |
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(2) one or more photographs of the applicant that meet |
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the requirements of the department; |
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(3) a certified copy of the applicant's birth |
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certificate or certified proof of age; |
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(4) proof of residency in this state; |
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(5) two complete sets of legible and classifiable |
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fingerprints of the applicant taken by a person appropriately |
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trained in recording fingerprints who is employed by a law |
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enforcement agency or by a private entity designated by a law |
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enforcement agency as an entity qualified to take fingerprints of |
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an applicant for a license under this subchapter; |
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(6) [a nonrefundable application and license fee of |
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$40 paid to the department; |
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[(7)] evidence of handgun proficiency, in the form and |
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manner required by the department; |
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(7) [(8)] an affidavit signed by the applicant stating |
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that the applicant: |
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(A) has read and understands each provision of |
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this subchapter that creates an offense under the laws of this state |
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and each provision of the laws of this state related to use of |
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deadly force; and |
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(B) fulfills all the eligibility requirements |
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listed under Section 411.172; and |
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(8) [(9)] a form executed by the applicant that |
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authorizes the director to make an inquiry into any noncriminal |
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history records that are necessary to determine the applicant's |
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eligibility for a license under Section 411.172(a). |
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SECTION 4. Section 411.179, Government Code, is amended by |
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amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) [In this subsection, "veteran" has the meaning assigned |
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by Section 411.1951.] The department shall include the designation |
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"VETERAN" on the face of any original, duplicate, modified, or |
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renewed license under this subchapter or on the reverse side of the |
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license, as determined by the department, if the license is issued |
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to a veteran who: |
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(1) requests the designation; and |
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(2) provides proof sufficient to the department of the |
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veteran's military service and honorable discharge. |
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(f) For purposes of Subsection (e), "veteran" means a person |
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who: |
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(1) has served in: |
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(A) the army, navy, air force, coast guard, or |
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marine corps of the United States; |
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(B) the Texas military forces as defined by |
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Section 437.001; or |
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(C) an auxiliary service of one of those branches |
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of the armed forces; and |
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(2) has been honorably discharged from the branch of |
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the service in which the person served. |
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SECTION 5. Section 411.181(h), Government Code, is amended |
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to read as follows: |
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(h) If a license holder is required under this section to |
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apply for a duplicate license and the license expires not later than |
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the 60th day after the date of the loss, theft, or destruction of |
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the license, the applicant may renew the license with the modified |
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information included on the new license. [The applicant must pay |
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only the nonrefundable renewal fee.] |
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SECTION 6. Section 411.185(a), Government Code, is amended |
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to read as follows: |
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(a) To renew a license, a license holder must, on or before |
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the date the license expires, submit to the department by mail or, |
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in accordance with the procedure adopted under Subsection (f), on |
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the Internet: |
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(1) a renewal application on a form provided by the |
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department; |
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[(2) payment of a nonrefundable renewal fee of $40;] |
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and |
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(2) [(3)] the informational form described by |
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Subsection (c) signed or electronically acknowledged by the |
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applicant. |
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SECTION 7. Sections 411.186(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The department shall revoke a license under this section |
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if the license holder: |
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(1) was not entitled to the license at the time it was |
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issued; |
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(2) made a material misrepresentation or failed to |
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disclose a material fact in an application submitted under this |
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subchapter; |
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(3) subsequently becomes ineligible for a license |
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under Section 411.172, unless the sole basis for the ineligibility |
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is that the license holder is charged with the commission of a Class |
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A or Class B misdemeanor or equivalent offense, or of an offense |
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under Section 42.01, Penal Code, or equivalent offense, or of a |
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felony under an information or indictment; |
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(4) is convicted of an offense under Section 46.035, |
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Penal Code; or |
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(5) is determined by the department to have engaged in |
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conduct constituting a reason to suspend a license listed in |
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Section 411.187(a) after the person's license has been previously |
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suspended twice for the same reason[; or |
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[(6) submits an application fee that is dishonored or |
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reversed if the applicant fails to submit a cashier's check or money |
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order made payable to the "Department of Public Safety of the State |
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of Texas" in the amount of the dishonored or reversed fee, plus $25, |
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within 30 days of being notified by the department that the fee was |
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dishonored or reversed]. |
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(c) A license holder whose license is revoked for a reason |
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listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a |
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new applicant for the issuance of a license under this subchapter |
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after the second anniversary of the date of the revocation if the |
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cause for revocation does not exist on the date of the second |
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anniversary. If the cause for revocation exists on the date of the |
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second anniversary after the date of revocation, the license holder |
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may not apply for a new license until the cause for revocation no |
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longer exists and has not existed for a period of two years. |
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SECTION 8. Section 411.190(c), Government Code, is amended |
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to read as follows: |
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(c) In the manner applicable to a person who applies for a |
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license to carry a handgun, the department shall conduct a |
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background check of a person who applies for certification as a |
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qualified handgun instructor or approved online course provider. |
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If the background check indicates that the applicant for |
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certification would not qualify to receive a handgun license, the |
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department may not certify the applicant as a qualified handgun |
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instructor or approved online course provider. If the background |
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check indicates that the applicant for certification would qualify |
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to receive a handgun license, the department shall provide handgun |
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instructor or online course provider training to the applicant. |
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The applicant shall pay a fee of $100 to the department for the |
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training. The applicant must take and successfully complete the |
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training offered by the department and pay the training fee before |
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the department may certify the applicant as a qualified handgun |
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instructor or approved online course provider. The department |
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shall issue a license to carry a handgun under the authority of this |
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subchapter to any person who is certified as a qualified handgun |
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instructor or approved online course provider [and who pays to the |
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department a fee of $40 in addition to the training fee]. The |
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department by rule may prorate or waive the training fee for an |
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employee of another governmental entity. |
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SECTION 9. Sections 411.201(d) and (h), Government Code, |
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are amended to read as follows: |
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(d) An applicant for a license who is an active or retired |
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judicial officer must submit to the department: |
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(1) a completed application, including all required |
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affidavits, on a form prescribed by the department; |
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(2) one or more photographs of the applicant that meet |
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the requirements of the department; |
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(3) two complete sets of legible and classifiable |
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fingerprints of the applicant, including one set taken by a person |
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employed by a law enforcement agency who is appropriately trained |
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in recording fingerprints; |
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(4) evidence of handgun proficiency, in the form and |
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manner required by the department for an applicant under this |
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section; |
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[(5) a nonrefundable application and license fee of |
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$25;] and |
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(5) [(6)] if the applicant is a retired judicial |
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officer, a form executed by the applicant that authorizes the |
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department to make an inquiry into any noncriminal history records |
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that are necessary to determine the applicant's eligibility for a |
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license under this subchapter. |
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(h) The department shall issue a license to carry a handgun |
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under the authority of this subchapter to a United States attorney |
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or an assistant United States attorney, or to an attorney elected or |
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employed to represent the state in the prosecution of felony cases, |
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who meets the requirements of this section for an active judicial |
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officer. [The department shall waive any fee required for the |
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issuance of an original, duplicate, or renewed license under this |
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subchapter for an applicant who is a United States attorney or an |
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assistant United States attorney or who is an attorney elected or |
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employed to represent the state in the prosecution of felony |
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cases.] |
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SECTION 10. Section 118.011(b), Local Government Code, is |
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amended to read as follows: |
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(b) The county clerk may set and collect the following fee |
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from any person: |
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(1) Returned Check (Sec. 118.0215) . . . . . . not |
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less than $15 or more than $30 |
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(2) Records Management and Preservation Fee (Sec. |
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118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $10 |
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(3) [Mental Health Background Check for License to |
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Carry a Handgun (Sec. 118.0217) . . . . . not more than $2 |
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[(4)] Marriage License for Out-of-State Applicants |
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(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100 |
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SECTION 11. The following provisions are repealed: |
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(1) Sections 411.181(d) and (i), 411.186(d), 411.194, |
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411.195, 411.1951, 411.1953, 411.1954, 411.199(d), 411.1991(c), |
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411.1992(d), 411.1993(e), and 411.1994(d), Government Code; and |
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(2) Section 118.0217, Local Government Code. |
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SECTION 12. The change in law made by this Act applies only |
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to an applicant for an original, duplicate, modified, or renewed |
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license to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, as amended by this Act, who submits the |
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application on or after the effective date of this Act. |
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SECTION 13. This Act takes effect September 1, 2021. |
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* * * * * |