Bill Text: TX HB2613 | 2011-2012 | 82nd Legislature | Comm Sub
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-Comm_Sub.html
82R23828 JSC-D | |||
By: Flynn | H.B. No. 2613 | ||
Substitute the following for H.B. No. 2613: | |||
By: Pena | C.S.H.B. No. 2613 |
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relating to the procedure under which a person may renew a license | ||
to carry a concealed handgun. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.185, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.185. ELIGIBILITY REQUIREMENTS TO RENEW A LICENSE; | ||
RENEWAL. (a) To renew a license, a license holder must, on or | ||
before the date the license expires,[ |
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(1) a renewal [ |
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form provided by the department by mail or, in accordance with the | ||
procedure adopted under Subsection (d), on the Internet; and | ||
(2) [ |
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set by the director [ |
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(b) The director by rule shall adopt a renewal application | ||
form requiring an update of the information on the original | ||
completed application. The director by rule shall set the renewal | ||
fee in an amount that is sufficient to cover the actual cost to the | ||
department to verify the information contained in the renewal | ||
application form, conduct any necessary investigation concerning | ||
the license holder's continued eligibility to hold [ |
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license, and issue the renewed license. Not later than the 60th day | ||
before the expiration date of the license, the department shall | ||
mail to each license holder a written notice of the expiration of | ||
the license, the eligibility requirements to renew a license, and a | ||
renewal application form. | ||
(c) The department shall allow [ |
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license holder to renew the person's license if the license holder | ||
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renewal application form and fee described by Subsection (a) [ |
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of the renewal application form and fee [ |
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shall issue the renewed license [ |
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holder in writing that the department denied the license holder's | ||
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(d) The director by rule shall adopt a procedure by which a | ||
license holder who satisfies the eligibility requirements to renew | ||
a license [ |
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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. | ||
(e) A person who has submitted a renewal application under | ||
this section may continue to carry the concealed handgun the person | ||
was licensed to carry under the person's expired license until the | ||
renewed license is received if: | ||
(1) at any time the person is carrying the concealed | ||
handgun, the person also carries: | ||
(A) the person's expired license; and | ||
(B) documentation that the person has submitted | ||
the renewal application; and | ||
(2) the person has not been notified by the department | ||
that the person's renewal application has been denied. | ||
SECTION 2. Sections 411.188(d), (g), and (k), Government | ||
Code, are amended to read as follows: | ||
(d) Only a qualified handgun instructor may administer the | ||
proficiency examination to obtain [ |
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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 [ |
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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. | ||
(k) A qualified handgun instructor may submit to the | ||
department a written recommendation for disapproval of the | ||
application for a license[ |
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accompanied by an 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 3. 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 an original [ |
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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 the [ |
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proficiency or familiarization as part of the person's service with | ||
the armed forces or state military forces. | ||
SECTION 4. Section 411.201(g), Government Code, is amended | ||
to read as follows: | ||
(g) A license issued under this section expires as provided | ||
by Section 411.183 and, except as otherwise provided by this | ||
subsection, may be renewed in accordance with Section 411.185 [ |
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SECTION 5. Sections 411.188(c) and (j) and 411.199(e), | ||
Government Code, are repealed. | ||
SECTION 6. The change in law made by this Act applies to any | ||
renewal by the Department of Public Safety of a license to carry a | ||
concealed handgun that occurs on or after the effective date of this | ||
Act, regardless of whether the license was originally issued | ||
before, on, or after the effective date of this Act. | ||
SECTION 7. This Act takes effect September 1, 2011. |