Bill Amendment: TX HB1927 | 2021-2022 | 87th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses.

Status: 2021-06-16 - Effective on 9/1/21 [HB1927 Detail]

Download: Texas-2021-HB1927-Senate_Amendment_S_2_F21-Miles.html

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Amend HB 1927 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 411.172(a), Government Code, is amended to read as follows:

(a)  A person is eligible for a license to carry a handgun if the person:

(1)  is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);

(2)  is at least 21 years of age;

(3)  has not been convicted of a felony;

(4)  is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;

(5)  is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;

(6)  is not a chemically dependent person;

(7)  is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;

(8)  has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;

(9)  is fully qualified under applicable federal and state law to purchase a handgun;

(10)  has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

(11)  has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

(12)  is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;

(13)  has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; [and]

(14)  has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174; and

(15)  does not pose a public safety risk.

SECTION ____.  Sections 411.177(a) and (b), Government Code, are amended to read as follows:

(a)  The department may, at the department's discretion, [shall] issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in good faith [so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license]. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.

(b)  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

(D)  at the discretion of the department; 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.

SECTION ____.  Section 411.185(e), Government Code, is amended to read as follows:

(e)  The department may [shall] renew the license of a license holder who meets all the eligibility requirements to continue to hold a license and submits all the renewal materials described by Subsection (a). Not later than the 45th day after receipt of the renewal materials, the department shall issue the renewed license or notify the license holder in writing that the department denied the license holder's renewal application.