Bill Text: TX HB2613 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedure under which a person may renew a license to carry a concealed handgun.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Committee report sent to Calendars [HB2613 Detail]
Download: Texas-2011-HB2613-Introduced.html
Bill Title: Relating to the procedure under which a person may renew a license to carry a concealed handgun.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Committee report sent to Calendars [HB2613 Detail]
Download: Texas-2011-HB2613-Introduced.html
82R7626 JSC-D | ||
By: Flynn | H.B. No. 2613 |
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relating to the establishment of a procedure under which a person | ||
may maintain a license to carry a concealed handgun. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.173(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department by rule shall establish a procedure for a | ||
person who meets the eligibility requirements of this subchapter | ||
other than the residency requirement established by Section | ||
411.172(a)(1) to obtain a license under this subchapter if the | ||
person is a legal resident of another state or if the person | ||
relocates to this state with the intent to establish residency in | ||
this state. The procedure must include payment of a fee in an amount | ||
sufficient to recover the average cost to the department of | ||
obtaining a criminal history record check and investigation on a | ||
nonresident applicant. A license issued in accordance with the | ||
procedure established under this subsection is subject to the | ||
continuing eligibility requirements described by[ |
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SECTION 2. Section 411.174(a), Government Code, is amended | ||
to read as follows: | ||
(a) An applicant for a license to carry a concealed 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 in an | ||
amount set by the director, not to exceed $280 and [ |
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the department; | ||
(7) evidence of handgun proficiency, in the form and | ||
manner required by the department; | ||
(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 | ||
(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 3. Section 411.185, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.185. CONTINUING ELIGIBILITY REQUIREMENTS TO | ||
MAINTAIN LICENSE [ |
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license holder must: | ||
(1) complete a continuing education course in handgun | ||
proficiency under Section 411.188(c) within the six-month period | ||
preceding[ |
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application form is due under Subdivision (2), except that a person | ||
who has held a license for more than 10 years [ |
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required to complete the course more than once in any 10-year | ||
period; and | ||
(2) on or before each fifth anniversary of the date the | ||
license is issued, submit to the department: | ||
(A) a continuing eligibility [ |
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[ |
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[ |
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form and manner required by the department; | ||
(B) [ |
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fee to maintain a license as set by the director [ |
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(C) [ |
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applicant that meet the requirements of the department. | ||
(b) The director by rule shall adopt a continuing | ||
eligibility [ |
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information on the original completed application. The director by | ||
rule shall set the [ |
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that is sufficient to cover the actual cost to the department to | ||
verify the information contained in the continuing eligibility | ||
application form and to conduct any necessary investigation | ||
concerning the license holder's continued eligibility to hold | ||
[ |
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which a continuing eligibility application form is due under | ||
Subsection (a)(2) [ |
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shall mail to each license holder a written notice of the | ||
eligibility requirements to maintain a [ |
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and a continuing eligibility application [ |
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(c) The department shall allow [ |
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license holder to maintain the person's license if the license | ||
holder [ |
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the [ |
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than the 45th day after receipt of the [ |
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department shall [ |
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in writing whether the department accepted or denied the license | ||
holder's continuing eligibility [ |
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[ |
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(d) The director by rule shall adopt a procedure by which a | ||
license holder who satisfies the eligibility requirements to | ||
maintain a license [ |
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[ |
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the [ |
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describes state law regarding[ |
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a license issued under this subchapter to carry a concealed | ||
handgun. The license holder must sign and return the form to the | ||
department by mail or acknowledge the form electronically on the | ||
Internet. | ||
SECTION 4. Section 411.186(d), Government Code, is amended | ||
to read as follows: | ||
(d) A license holder whose license is revoked under | ||
Subsection (a)(6) may reapply for a [ |
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license at any time, provided the application fee and a dishonored | ||
payment charge of $25 is paid by cashier's check or money order made | ||
payable to the "Texas Department of Public Safety." | ||
SECTION 5. Sections 411.187(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The department shall suspend a license under this | ||
section if the license holder: | ||
(1) is 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; | ||
(2) fails to notify the department of a change of | ||
address, name, or status as required by Section 411.181; | ||
(3) carries a concealed handgun under the authority of | ||
this subchapter of a different category than the license holder is | ||
licensed to carry; | ||
(4) fails to return a previously issued license after | ||
a license is modified as required by Section 411.184(d); | ||
(5) fails to submit a continuing eligibility | ||
application form by the 30th day after the date the application is | ||
due under Section 411.185(a)(2); | ||
(6) commits an act of family violence and is the | ||
subject of an active protective order rendered under Title 4, | ||
Family Code; or | ||
(7) [ |
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violence or an offense under Section 42.072, Penal Code, and is the | ||
subject of an order for emergency protection issued under Article | ||
17.292, Code of Criminal Procedure. | ||
(c) The department shall suspend a license under this | ||
section: | ||
(1) for 30 days, if the person's license is subject to | ||
suspension for a reason listed in Subsection (a)(2), (3), or (4), | ||
except as provided by Subdivision (2); | ||
(2) for not less than one year and not more than three | ||
years, if the person's license: | ||
(A) is subject to suspension for a reason listed | ||
in Subsection (a), other than the reason listed in Subsection | ||
(a)(1); and | ||
(B) has been previously suspended for the same | ||
reason; | ||
(3) until dismissal of the charges, if the person's | ||
license is subject to suspension for the reason listed in | ||
Subsection (a)(1); [ |
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(4) until the person submits a continuing eligibility | ||
application form and meets all the eligibility requirements to | ||
maintain a license, if the person's license is subject to | ||
suspension for the reason listed in Subsection (a)(5); or | ||
(5) for the duration of or the period specified by: | ||
(A) the protective order issued under Title 4, | ||
Family Code, if the person's license is subject to suspension for | ||
the reason listed in Subsection (a)(6) [ |
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(B) the order for emergency protection issued | ||
under Article 17.292, Code of Criminal Procedure, if the person's | ||
license is subject to suspension for the reason listed in | ||
Subsection (a)(7) [ |
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SECTION 6. Sections 411.188(c), (d), (g), (j), and (k), | ||
Government Code, are amended to read as follows: | ||
(c) The department by rule shall develop a continuing | ||
education course in handgun proficiency for a license holder to | ||
establish evidence of handgun proficiency for purposes of a | ||
continuing eligibility application under Section 411.185 [ |
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administer the continuing education course. The course must | ||
include: | ||
(1) at least four hours of instruction on one or more | ||
of the subjects listed in Subsection (b); and | ||
(2) other information the director determines is | ||
appropriate. | ||
(d) Only a qualified handgun instructor may administer the | ||
proficiency examination to obtain or to maintain [ |
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The proficiency examination must include: | ||
(1) a written section on the subjects listed in | ||
Subsection (b); and | ||
(2) a physical demonstration of proficiency in the use | ||
of one or more handguns of specific categories and in handgun safety | ||
procedures. | ||
(g) A person who wishes to obtain or maintain [ |
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license to carry a concealed handgun must apply in person to a | ||
qualified handgun instructor to take the appropriate course in | ||
handgun proficiency and demonstrate handgun proficiency as | ||
required by the department. | ||
(j) The department may offer online, or allow a qualified | ||
handgun instructor to offer online, the continuing education | ||
instruction course and written section of the proficiency | ||
examination required to establish evidence of handgun proficiency | ||
for purposes of a continuing eligibility application under Section | ||
411.185 [ |
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(k) A qualified handgun instructor may submit to the | ||
department a written recommendation for disapproval of the | ||
application for a license, continuing eligibility application | ||
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affidavit stating personal knowledge or naming persons with | ||
personal knowledge of facts that lead the instructor to believe | ||
that an applicant does not possess the required handgun | ||
proficiency. The department may use a written recommendation | ||
submitted under this subsection as the basis for denial of a license | ||
only if the department determines that the recommendation is made | ||
in good faith and is supported by a preponderance of the evidence. | ||
The department shall make a determination under this subsection not | ||
later than the 45th day after the date the department receives the | ||
written recommendation. The 60-day period in which the department | ||
must take action under Section 411.177(b) is extended one day for | ||
each day a determination is pending under this subsection. | ||
SECTION 7. Section 411.1881(a), Government Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
a person may not be required to complete the range instruction | ||
portion of a handgun proficiency course to obtain or maintain | ||
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the person: | ||
(1) is currently serving in or is honorably discharged | ||
from: | ||
(A) the army, navy, air force, coast guard, or | ||
marine corps of the United States or an auxiliary service or reserve | ||
unit of one of those branches of the armed forces; or | ||
(B) the state military forces, as defined by | ||
Section 431.001; and | ||
(2) has, within the five years preceding the date of | ||
the person's application for an original [ |
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continuing eligibility application, as applicable, completed a | ||
course of training in handgun proficiency or familiarization as | ||
part of the person's service with the armed forces or state military | ||
forces. | ||
SECTION 8. Section 411.1882(c), Government Code, is amended | ||
to read as follows: | ||
(c) A license issued under this section becomes subject to | ||
the continuing eligibility requirements described by Section | ||
411.185 [ |
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date the person's status under Subsection (a) becomes inapplicable. | ||
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SECTION 9. Section 411.194(a), Government Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
the department shall reduce by 50 percent any fee required for the | ||
issuance of an original, duplicate, or modified[ |
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license or to maintain a license under this subchapter if the | ||
department determines that the applicant is indigent. | ||
SECTION 10. Section 411.195, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.195. REDUCTION OF FEES FOR SENIOR CITIZENS. | ||
Notwithstanding any other provision of this subchapter, the | ||
department shall reduce by 50 percent any fee required for the | ||
issuance of an original, duplicate, or modified[ |
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license or to maintain a license under this subchapter if the | ||
applicant for the license is 60 years of age or older. | ||
SECTION 11. Sections 411.1951(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) Notwithstanding any other provision of this subchapter, | ||
the department shall waive any fee required for the issuance of an | ||
original, duplicate, or modified[ |
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maintain a license under this subchapter if the applicant for the | ||
license is: | ||
(1) a member of the United States armed forces, | ||
including a member of the reserves, national guard, or state guard; | ||
or | ||
(2) a veteran who, within 365 days preceding the date | ||
of the application, was honorably discharged from the branch of | ||
service in which the person served. | ||
(c) Notwithstanding any other provision of this subchapter, | ||
the department shall reduce by 50 percent any fee required for the | ||
issuance of an original, duplicate, or modified[ |
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license or to maintain a license under this subchapter if the | ||
applicant for the license is a veteran who, more than 365 days | ||
preceding the date of the application, was honorably discharged | ||
from the branch of the service in which the person served. | ||
SECTION 12. Section 411.199(e), Government Code, is amended | ||
to read as follows: | ||
(e) A retired peace officer who obtains a license under this | ||
subchapter must maintain, for the category of weapon licensed, the | ||
proficiency required for a peace officer under Section 1701.355, | ||
Occupations Code. The department or a local law enforcement agency | ||
shall allow a retired peace officer of the department or agency an | ||
opportunity to annually demonstrate the required proficiency. The | ||
proficiency shall be reported to the department on application and | ||
to establish evidence of handgun proficiency for purposes of a | ||
continuing eligibility application under Section 411.185 | ||
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SECTION 13. Section 401.201(g), Government Code, is amended | ||
to read as follows: | ||
(g) A license issued under this section is subject to the | ||
continuing eligibility requirements described by [ |
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411.185, except as otherwise provided by this subsection [ |
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the classroom instruction part of the continuing education | ||
proficiency course to maintain [ |
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SECTION 14. Sections 411.181(h), 411.183, 411.199(f), and | ||
411.1991(d), Government Code, are repealed. | ||
SECTION 15. The change in law made by this Act applies only | ||
to a license to carry a concealed handgun that is issued on or after | ||
the effective date of this Act. A license to carry a concealed | ||
handgun issued before the effective date of this Act is covered by | ||
the law as it existed immediately before the effective date of this | ||
Act, and the former law is continued in effect for that purpose. | ||
SECTION 16. (a) Notwithstanding the change in law made by | ||
this Act, a person who holds an unexpired license to carry a | ||
concealed handgun under Subchapter H, Chapter 411, Government Code, | ||
on the effective date of this Act may apply for renewal of that | ||
license in the manner provided by Subchapter H, Chapter 411, | ||
Government Code, as it existed immediately before the effective | ||
date of this Act. | ||
(b) On receipt of an application for renewal submitted on or | ||
after the effective date of this Act by a person described by | ||
Subsection (a) of this section, the Department of Public Safety | ||
shall issue the person a concealed handgun license that may be | ||
maintained under the provisions of Subchapter H, Chapter 411, | ||
Government Code, as amended by this Act. | ||
SECTION 17. This Act takes effect September 1, 2011. |