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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a procedure under which a person |
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may maintain a license to carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 amount |
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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 is subject to the |
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continuing eligibility requirements described by[:
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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 2. 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 concealed handgun |
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must submit to the director's designee described by Section |
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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 in an |
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amount set by the director, not to exceed $280 and [of $140] paid to |
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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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(8) an affidavit signed by the applicant stating that |
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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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(9) a form executed by the applicant that authorizes |
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the director to make an inquiry into any noncriminal history |
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records that are necessary to determine the applicant's eligibility |
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for a license under Section 411.172(a). |
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SECTION 3. Section 411.185, Government Code, is amended to |
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read as follows: |
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Sec. 411.185. CONTINUING ELIGIBILITY REQUIREMENTS TO |
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MAINTAIN LICENSE [RENEWAL]. (a) To maintain [renew] a license, a |
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license holder must: |
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(1) complete a continuing education course in handgun |
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proficiency under Section 411.188(c) within the six-month period |
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preceding[:
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[(A)] the date the continuing eligibility [of] |
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application form is due under Subdivision (2), except that a person |
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who has held a license for more than 10 years [for renewal, for a
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first or second renewal; and
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[(B) the date of application for renewal or the
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date of application for the preceding renewal, for a third or
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subsequent renewal, to ensure that the license holder] is not |
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required to complete the course more than once in any 10-year |
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period; and |
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(2) on or before each fifth anniversary of the date the |
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license is issued, submit to the department: |
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(A) a continuing eligibility [an] application |
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[for renewal on a] form provided by the department that includes[;
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[(B)] evidence of handgun proficiency[,] in the |
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form and manner required by the department; |
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(B) [(C)] payment of a nonrefundable [renewal] |
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fee to maintain a license as set by the director [department]; and |
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(C) [(D)] one or more photographs of the |
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applicant that meet the requirements of the department. |
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(b) The director by rule shall adopt a continuing |
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eligibility [renewal] application form requiring an update of the |
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information on the original completed application. The director by |
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rule shall set the [renewal] fee to maintain a license in an amount |
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that is sufficient to cover the actual cost to the department to |
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verify the information contained in the continuing eligibility |
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application form and to conduct any necessary investigation |
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concerning the license holder's continued eligibility to hold |
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[renew] a license. Not later than the 60th day before the date on |
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which a continuing eligibility application form is due under |
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Subsection (a)(2) [expiration date of the license], the department |
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shall mail to each license holder a written notice of the |
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eligibility requirements to maintain a [expiration of the] license |
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and a continuing eligibility application [renewal] form. |
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(c) The department shall allow [renew the license of] a |
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license holder to maintain the person's license if the license |
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holder [who] meets all the eligibility requirements and submits all |
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the [renewal] materials described by Subsection (a). Not later |
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than the 45th day after receipt of the [renewal] materials, the |
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department shall [issue the renewal or] notify the license holder |
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in writing whether the department accepted or denied the license |
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holder's continuing eligibility [that the renewal] application |
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[was denied]. |
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(d) The director by rule shall adopt a procedure by which a |
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license holder who satisfies the eligibility requirements to |
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maintain a license [criteria] may submit the application materials |
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[renew a license] by mail or on the Internet. Under the procedure, |
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the [The] materials [for renewal by mail] must include a form [to be
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signed and returned to the department by the applicant] that |
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describes state law regarding[:
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[(1)] the use of deadly force[;] and |
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[(2)] the places where it is unlawful for the holder of |
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a license issued under this subchapter to carry a concealed |
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handgun. The license holder must sign and return the form to the |
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department by mail or acknowledge the form electronically on the |
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Internet. |
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SECTION 4. Section 411.186(d), Government Code, is amended |
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to read as follows: |
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(d) A license holder whose license is revoked under |
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Subsection (a)(6) may reapply for a [an original or renewed] |
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license at any time, provided the application fee and a dishonored |
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payment charge of $25 is paid by cashier's check or money order made |
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payable to the "Texas Department of Public Safety." |
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SECTION 5. Sections 411.187(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The department shall suspend a license under this |
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section if the license holder: |
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(1) is charged with the commission of a Class A or |
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Class B misdemeanor or equivalent offense, or of an offense under |
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Section 42.01, Penal Code, or equivalent offense, or of a felony |
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under an information or indictment; |
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(2) fails to notify the department of a change of |
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address, name, or status as required by Section 411.181; |
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(3) carries a concealed handgun under the authority of |
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this subchapter of a different category than the license holder is |
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licensed to carry; |
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(4) fails to return a previously issued license after |
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a license is modified as required by Section 411.184(d); |
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(5) fails to submit a continuing eligibility |
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application form by the 30th day after the date the application is |
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due under Section 411.185(a)(2); |
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(6) commits an act of family violence and is the |
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subject of an active protective order rendered under Title 4, |
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Family Code; or |
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(7) [(6)] is arrested for an offense involving family |
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violence or an offense under Section 42.072, Penal Code, and is the |
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subject of an order for emergency protection issued under Article |
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17.292, Code of Criminal Procedure. |
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(c) The department shall suspend a license under this |
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section: |
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(1) for 30 days, if the person's license is subject to |
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suspension for a reason listed in Subsection (a)(2), (3), or (4), |
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except as provided by Subdivision (2); |
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(2) for not less than one year and not more than three |
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years, if the person's license: |
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(A) is subject to suspension for a reason listed |
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in Subsection (a), other than the reason listed in Subsection |
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(a)(1); and |
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(B) has been previously suspended for the same |
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reason; |
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(3) until dismissal of the charges, if the person's |
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license is subject to suspension for the reason listed in |
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Subsection (a)(1); [or] |
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(4) until the person submits a continuing eligibility |
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application form and meets all the eligibility requirements to |
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maintain a license, if the person's license is subject to |
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suspension for the reason listed in Subsection (a)(5); or |
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(5) for the duration of or the period specified by: |
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(A) the protective order issued under Title 4, |
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Family Code, if the person's license is subject to suspension for |
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the reason listed in Subsection (a)(6) [(a)(5)]; or |
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(B) the order for emergency protection issued |
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under Article 17.292, Code of Criminal Procedure, if the person's |
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license is subject to suspension for the reason listed in |
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Subsection (a)(7) [(a)(6)]. |
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SECTION 6. Sections 411.188(c), (d), (g), (j), and (k), |
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Government Code, are amended to read as follows: |
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(c) The department by rule shall develop a continuing |
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education course in handgun proficiency for a license holder to |
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establish evidence of handgun proficiency for purposes of a |
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continuing eligibility application under Section 411.185 [who
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wishes to renew a license]. Only a qualified handgun instructor may |
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administer the continuing education course. The course must |
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include: |
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(1) at least four hours of instruction on one or more |
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of the subjects listed in Subsection (b); and |
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(2) other information the director determines is |
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appropriate. |
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(d) Only a qualified handgun instructor may administer the |
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proficiency examination to obtain or to maintain [renew] a license. |
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The proficiency examination must include: |
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(1) a written section on the subjects listed in |
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Subsection (b); and |
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(2) a physical demonstration of proficiency in the use |
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of one or more handguns of specific categories and in handgun safety |
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procedures. |
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(g) A person who wishes to obtain or maintain [renew] a |
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license to carry a concealed handgun must apply in person to a |
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qualified handgun instructor to take the appropriate course in |
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handgun proficiency and demonstrate handgun proficiency as |
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required by the department. |
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(j) The department may offer online, or allow a qualified |
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handgun instructor to offer online, the continuing education |
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instruction course and written section of the proficiency |
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examination required to establish evidence of handgun proficiency |
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for purposes of a continuing eligibility application under Section |
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411.185 [renew a license]. |
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(k) A qualified handgun instructor may submit to the |
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department a written recommendation for disapproval of the |
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application for a license, continuing eligibility application |
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[renewal], or modification of a license, accompanied by an |
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affidavit stating personal knowledge or naming persons with |
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personal knowledge of facts that lead the instructor to believe |
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that an applicant does not possess the required handgun |
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proficiency. The department may use a written recommendation |
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submitted under this subsection as the basis for denial of a license |
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only if the department determines that the recommendation is made |
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in good faith and is supported by a preponderance of the evidence. |
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The department shall make a determination under this subsection not |
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later than the 45th day after the date the department receives the |
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written recommendation. The 60-day period in which the department |
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must take action under Section 411.177(b) is extended one day for |
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each day a determination is pending under this subsection. |
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SECTION 7. Section 411.1881(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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a person may not be required to complete the range instruction |
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portion of a handgun proficiency course to obtain or maintain |
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[renew] a concealed handgun license issued under this subchapter if |
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the person: |
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(1) is currently serving in or is honorably discharged |
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from: |
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(A) the army, navy, air force, coast guard, or |
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marine corps of the United States or an auxiliary service or reserve |
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unit of one of those branches of the armed forces; or |
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(B) the state military forces, as defined by |
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Section 431.001; and |
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(2) has, within the five years preceding the date of |
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the person's application for an original [or renewed] license or |
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continuing eligibility application, as applicable, completed a |
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course of training in handgun proficiency or familiarization as |
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part of the person's service with the armed forces or state military |
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forces. |
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SECTION 8. Section 411.1882(c), Government Code, is amended |
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to read as follows: |
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(c) A license issued under this section becomes subject to |
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the continuing eligibility requirements described by Section |
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411.185 [automatically expires] on the six-month anniversary of the |
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date the person's status under Subsection (a) becomes inapplicable. |
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[A license that expires under this subsection may be renewed under
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Section 411.185.] |
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SECTION 9. Section 411.194(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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the department shall reduce by 50 percent any fee required for the |
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issuance of an original, duplicate, or modified[, or renewed] |
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license or to maintain a license under this subchapter if the |
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department determines that the applicant is indigent. |
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SECTION 10. Section 411.195, Government Code, is amended to |
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read as follows: |
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Sec. 411.195. REDUCTION OF FEES FOR SENIOR CITIZENS. |
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Notwithstanding any other provision of this subchapter, the |
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department shall reduce by 50 percent any fee required for the |
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issuance of an original, duplicate, or modified[, or renewed] |
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license or to maintain a license under this subchapter if the |
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applicant for the license is 60 years of age or older. |
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SECTION 11. Sections 411.1951(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) Notwithstanding any other provision of this subchapter, |
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the department shall waive any fee required for the issuance of an |
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original, duplicate, or modified[, or renewed] license or to |
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maintain a license under this subchapter if the applicant for the |
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license is: |
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(1) a member of the United States armed forces, |
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including a member of the reserves, national guard, or state guard; |
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or |
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(2) a veteran who, within 365 days preceding the date |
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of the application, was honorably discharged from the branch of |
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service in which the person served. |
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(c) Notwithstanding any other provision of this subchapter, |
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the department shall reduce by 50 percent any fee required for the |
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issuance of an original, duplicate, or modified[, or renewed] |
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license or to maintain a license under this subchapter if the |
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applicant for the license is a veteran who, more than 365 days |
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preceding the date of the application, was honorably discharged |
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from the branch of the service in which the person served. |
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SECTION 12. Section 411.199(e), Government Code, is amended |
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to read as follows: |
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(e) A retired peace officer who obtains a license under this |
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subchapter must maintain, for the category of weapon licensed, the |
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proficiency required for a peace officer under Section 1701.355, |
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Occupations Code. The department or a local law enforcement agency |
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shall allow a retired peace officer of the department or agency an |
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opportunity to annually demonstrate the required proficiency. The |
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proficiency shall be reported to the department on application and |
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to establish evidence of handgun proficiency for purposes of a |
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continuing eligibility application under Section 411.185 |
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[renewal]. |
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SECTION 13. Section 401.201(g), Government Code, is amended |
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to read as follows: |
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(g) A license issued under this section is subject to the |
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continuing eligibility requirements described by [expires as
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provided by Section 411.183 and, except as otherwise provided by
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this subsection, may be renewed in accordance with] Section |
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411.185, except as otherwise provided by this subsection [of this
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subchapter]. An active judicial officer is not required to attend |
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the classroom instruction part of the continuing education |
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proficiency course to maintain [renew] a license. |
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SECTION 14. Sections 411.181(h), 411.183, 411.199(f), and |
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411.1991(d), Government Code, are repealed. |
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SECTION 15. The change in law made by this Act applies only |
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to a license to carry a concealed handgun that is issued on or after |
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the effective date of this Act. A license to carry a concealed |
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handgun issued before the effective date of this Act is covered by |
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the law as it existed immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 16. (a) Notwithstanding the change in law made by |
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this Act, a person who holds an unexpired license to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code, |
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on the effective date of this Act may apply for renewal of that |
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license in the manner provided by Subchapter H, Chapter 411, |
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Government Code, as it existed immediately before the effective |
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date of this Act. |
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(b) On receipt of an application for renewal submitted on or |
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after the effective date of this Act by a person described by |
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Subsection (a) of this section, the Department of Public Safety |
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shall issue the person a concealed handgun license that may be |
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maintained under the provisions of Subchapter H, Chapter 411, |
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Government Code, as amended by this Act. |
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SECTION 17. This Act takes effect September 1, 2011. |