Bill Text: TX HB2083 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to expedited processing of certain applications for a license to carry a handgun; waiving a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-11 - Left pending in committee [HB2083 Detail]
Download: Texas-2017-HB2083-Introduced.html
By: Shaheen | H.B. No. 2083 |
|
||
|
||
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 Subsections (b) and (c) and adding Subsections (b-1) and | ||
(b-2) to read as follows: | ||
(b) Except as otherwise provided by Subsection (b-1), the | ||
[ |
||
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 or another person in the applicant's family or | ||
household is protected by the order, the department shall, without | ||
charging an additional fee, expedite the application. As soon as | ||
practicable after the receipt of the materials under this | ||
subsection, the department shall: | ||
(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 period of three | ||
business days as 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-2) The director shall adopt policies for expedited | ||
processing under Subsection (b-1). | ||
(c) Failure of the department to issue or deny a license for | ||
a period of more than 30 days after the department is required to | ||
act under Subsection (b) or (b-1) constitutes denial. | ||
SECTION 2. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.1954 to read as follows: | ||
Sec. 411.1954. WAIVING OF FEES FOR CERTAIN APPLICANTS WITH | ||
PROTECTIVE ORDER. Notwithstanding any other provision of this | ||
subchapter, the fee 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 or another person in the applicant's family or | ||
household is protected by the order, shall be waived. | ||
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. This Act takes effect September 1, 2017. |