88R12776 JSC-F
 
  By: Slaton H.B. No. 4526
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application requirements for a license to carry a
  handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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
  $40 paid to the department;
               (6) [(7)]  evidence of handgun proficiency, in the form
  and manner required by the department;
               (7) [(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
               (8) [(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 2.  Section 411.176(b), Government Code, is amended
  to read as follows:
         (b)  The director's designee as needed shall conduct an
  additional criminal history record check of the applicant and an
  investigation of the applicant's local official records to verify
  the accuracy of the application materials.  The director's designee
  may access any records necessary for purposes of this subsection.  
  The scope of the record check and the investigation are at the sole
  discretion of the department, except that the director's designee
  shall complete the record check and investigation not later than
  the 60th day after the date the department receives the application
  materials.  The department shall contact [send a fingerprint card
  to] the Federal Bureau of Investigation to obtain [for] a national
  criminal history check of the applicant.  On completion of the
  investigation, the director's designee shall return all materials
  and the result of the investigation to the appropriate division of
  the department at its Austin headquarters.
         SECTION 3.  Section 411.199(b), Government Code, is amended
  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 that employed the applicant or other
  former employer of the applicant, as applicable.  A head of a law
  enforcement agency or other former employer 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 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 or employer, and if not, the reasons
  the applicant is not eligible;
               (7)  a recommendation from the agency head or the
  employer 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.
         SECTION 4.  Section 411.1992(b), Government Code, is amended
  to read as follows:
         (b)  The applicant shall submit to the department [two
  complete sets of legible and classifiable fingerprints and] a sworn
  statement from the head of the law enforcement agency at which the
  applicant last served as a reserve law enforcement officer.  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;
               (3)  whether the applicant was accused of misconduct at
  any time during the applicant's term of service and the disposition
  of that accusation;
               (4)  a description of the physical and mental condition
  of the applicant;
               (5)  a list of the types of weapons the applicant
  demonstrated proficiency with during the applicant's term of
  service; and
               (6)  a recommendation from the agency head regarding
  the issuance of a license under this subchapter.
         SECTION 5.  Section 411.201(d), Government Code, is amended
  to read as follows:
         (d)  An applicant for a license who is an active or retired
  judicial officer must submit to the department:
               (1)  a completed application, including all required
  affidavits, on a form prescribed by the department;
               (2)  one or more photographs of the applicant that meet
  the requirements of the department;
               (3)  [two complete sets of legible and classifiable
  fingerprints of the applicant, including one set taken by a person
  employed by a law enforcement agency who is appropriately trained
  in recording fingerprints;
               [(4)]  evidence of handgun proficiency, in the form and
  manner required by the department for an applicant under this
  section;
               (4) [(5)]  a nonrefundable application and license fee
  of $25; and
               (5) [(6)]  if the applicant is a retired judicial
  officer, a form executed by the applicant that authorizes the
  department to make an inquiry into any noncriminal history records
  that are necessary to determine the applicant's eligibility for a
  license under this subchapter.
         SECTION 6.  Section 118.0217(a), Local Government Code, is
  amended to read as follows:
         (a)  The fee for a "mental health background check for
  license to carry a handgun" is for a check, conducted by the county
  clerk at the request of the Texas Department of Public Safety, of
  the county records involving the mental condition of a person who
  applies for a license to carry a handgun under Subchapter H, Chapter
  411, Government Code.  The fee, not to exceed $2, will be paid from
  the application fee submitted to the Department of Public Safety
  according to Section 411.174(a)(5) [411.174(a)(6)], Government
  Code.
         SECTION 7.  Section 411.175, Government Code, is repealed.
         SECTION 8.  The change in law made by this Act applies only
  to an applicant for a license to carry a handgun under Subchapter H,
  Chapter 411, Government Code, as amended by this Act, who submits
  the application for the license on or after the effective date of
  this Act.
         SECTION 9.  This Act takes effect September 1, 2023.