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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure under which a person may renew a license |
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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 411.185, Government Code, is amended to |
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read as follows: |
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Sec. 411.185. ELIGIBILITY REQUIREMENTS TO RENEW A LICENSE; |
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RENEWAL. (a) To renew a license, a license holder must, on or |
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before the date the license expires,[:
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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 of application 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)] submit to the department: |
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(1) a renewal [(A) an] application [for renewal on a] |
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form provided by the department by mail or, in accordance with the |
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procedure adopted under Subsection (d), on the Internet; and |
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(2) [(B)
evidence of handgun proficiency, in the form
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and manner required by the department;
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[(C)] payment of a nonrefundable renewal fee as |
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set by the director [department; and
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[(D)
one or more photographs of the applicant
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that meet the requirements of the department]. |
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(b) The director by rule shall adopt a renewal application |
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form requiring an update of the information on the original |
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completed application. The director by rule shall set the renewal |
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fee in an amount that is sufficient to cover the actual cost to the |
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department to verify the information contained in the renewal |
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application form, conduct any necessary investigation concerning |
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the license holder's continued eligibility to hold [renew] a |
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license, and issue the renewed license. Not later than the 60th day |
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before the expiration date of the license, the department shall |
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mail to each license holder a written notice of the expiration of |
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the license, the eligibility requirements to renew a license, and a |
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renewal application form. |
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(c) The department shall allow [renew the license of] a |
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license holder to renew the person's license if the license holder |
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[who] meets all the eligibility requirements and submits the |
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renewal application form and fee described by Subsection (a) [all
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the renewal materials]. Not later than the 45th day after receipt |
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of the renewal application form and fee [materials], the department |
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shall issue the renewed license [renewal] or notify the license |
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holder in writing that the department denied the license holder's |
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[that the] renewal application [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 renew |
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a license [criteria] may submit the renewal 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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(e) A person who has submitted a renewal application under |
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this section may continue to carry the concealed handgun the person |
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was licensed to carry under the person's expired license until the |
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renewed license is received if: |
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(1) at any time the person is carrying the concealed |
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handgun, the person also carries: |
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(A) the person's expired license; and |
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(B) documentation that the person has submitted |
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the renewal application; and |
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(2) the person has not been notified by the department |
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that the person's renewal application has been denied. |
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SECTION 2. Sections 411.188(d), (g), and (k), Government |
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Code, are amended to read as follows: |
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(d) Only a qualified handgun instructor may administer the |
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proficiency examination to obtain [or to renew] a license. The |
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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 renew] a license to |
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carry a concealed handgun must apply in person to a qualified |
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handgun instructor to take the appropriate course in handgun |
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proficiency and demonstrate handgun proficiency as required by the |
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department. |
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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[, renewal,] or modification of a license, |
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accompanied by an affidavit stating personal knowledge or naming |
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persons with personal knowledge of facts that lead the instructor |
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to believe 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 3. 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 an original [or
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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 the [an original or renewed] license[,
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as applicable], completed a course of training in handgun |
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proficiency or familiarization as part of the person's service with |
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the armed forces or state military forces. |
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SECTION 4. Section 411.201(g), Government Code, is amended |
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to read as follows: |
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(g) A license issued under this section expires as provided |
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by Section 411.183 and, except as otherwise provided by this |
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subsection, may be renewed in accordance with Section 411.185 [of
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this subchapter]. [An active judicial officer is not required to
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attend the classroom instruction part of the continuing education
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proficiency course to renew a license.] |
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SECTION 5. Sections 411.188(c) and (j) and 411.199(e), |
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Government Code, are repealed. |
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SECTION 6. The change in law made by this Act applies to any |
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renewal by the Department of Public Safety of a license to carry a |
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concealed handgun that occurs on or after the effective date of this |
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Act, regardless of whether the license was originally issued |
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before, on, or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2011. |