Bill Text: TX HB2675 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to a license to carry a handgun for a person who is at increased risk of becoming a victim of violence.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2675 Detail]

Download: Texas-2021-HB2675-Enrolled.html
 
 
  H.B. No. 2675
 
 
 
 
AN ACT
  relating to a license to carry a handgun for a person who is at
  increased risk of becoming a victim of violence.
         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),
  (b-2), and (b-3) to read as follows:
         (b)  Except as otherwise provided by Subsection (b-1), the 
  [The] department shall, not later than the 60th day after the date
  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
  additional period [amount of time] the department will need to make
  the determination.
         (b-1)  If the applicant submits with the completed
  application materials an application for a designation under
  Section 411.184, the department shall, without charging an
  additional fee, expedite the application. Not later than the 10th
  day after the receipt of the materials under this subsection, the
  department shall:
               (1)  issue the license with the designation; or
               (2)  notify the applicant in writing that the applicant
  is not eligible for the designation under Section 411.184 and the
  application for the license will be processed in the regular course
  of business.
         (b-2)  Notwithstanding Subsection (b-1), if the department
  determines that the applicant is eligible for the designation under
  Section 411.184 but is unable to quickly make a determination
  regarding the issuance or denial of a license to the applicant, the
  department shall provide written notice of that fact to the
  applicant and shall include in that notice an explanation of the
  reason for the inability and an estimation of the additional period
  the department will need to make the determination.
         (b-3)  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) constitutes denial, regardless of whether
  the applicant was eligible for expedited processing of the
  application under Subsection (b-1).
         SECTION 2.  Section 411.179(a), Government Code, is amended
  to read as follows:
         (a)  The department by rule shall adopt the form of the
  license. A license must include:
               (1)  a number assigned to the license holder by the
  department;
               (2)  a statement of the period for which the license is
  effective;
               (3)  a photograph of the license holder;
               (4)  the license holder's full name, date of birth, hair
  and eye color, height, weight, and signature;
               (5)  the license holder's residence address or, as
  provided by Subsection (d), the street address of the courthouse in
  which the license holder or license holder's spouse serves as a
  federal judge or the license holder serves as a state judge;
               (6)  the number of a driver's license or an
  identification certificate issued to the license holder by the
  department; [and]
               (7)  the designation "VETERAN" if required under
  Subsection (e); and
               (8)  any at-risk designation for which the license
  holder has established eligibility under Section 411.184.
         SECTION 3.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.184 to read as follows:
         Sec. 411.184.  AT-RISK DESIGNATION. (a)  The department
  shall develop a procedure for persons who are at increased risk of
  becoming a victim of violence to:
               (1)  obtain a handgun license on an expedited basis, if
  the person is not already a license holder; and
               (2)  qualify for an at-risk designation on the license.
         (b)  A person is eligible for an at-risk designation under
  this section if:
               (1)  the person is protected under, or a member of the
  person's household or family is protected under:
                     (A)  a temporary restraining order or temporary
  injunction issued under Subchapter F, Chapter 6, Family Code;
                     (B)  a temporary ex parte order issued under
  Chapter 83, Family Code;
                     (C)  a protective order issued under Chapter 85,
  Family Code;
                     (D)  a protective order issued under Chapter 7B,
  Code of Criminal Procedure; or
                     (E)  a magistrate's order for emergency
  protection issued under Article 17.292, Code of Criminal Procedure;
  or
               (2)  the person participates in the address
  confidentiality program under Subchapter B, Chapter 58, Code of
  Criminal Procedure.
         (c)  The director may adopt rules to accept alternative
  documentation not described by Subsection (b) that shows that the
  person is at increased risk of becoming a victim of violence.
         (d)  A person may receive an at-risk designation under this
  section if the person submits to the department, in the form and
  manner provided by the department:
               (1)  an application for the designation;
               (2)  evidence of the increased risk of becoming a
  victim of violence, as provided by Subsection (b) or rules adopted
  under Subsection (c); and
               (3)  any other information that the department may
  require.
         (e)  A license holder may apply for the designation under
  this section by making an application for a duplicate license. A
  person who is not a license holder may apply for the designation
  with the person's application for an original license to carry a
  handgun.
         (f)  A person with a designation granted under this section
  shall annually certify that the person continues to qualify for the
  designation and shall submit to the department any information the
  department requires to verify the person's continuing eligibility.  
  A person who no longer qualifies for the designation under this
  section shall immediately notify the department.
         (g)  If based on the information received under Subsection
  (f) the department determines that the person is no longer eligible
  for a designation under this section, the department shall notify
  the person and issue to the person a duplicate license without a
  designation.
         (h)  On receipt of a duplicate license without a designation
  under Subsection (g), the license holder shall return the license
  with the designation to the department.
         (i)  The department may not charge a fee for issuing a
  duplicate license with a designation under this section or for
  issuing a duplicate license without a designation if the person no
  longer qualifies for the designation. If a person applies for a
  designation at the same time the person applies for an original
  license under this subchapter, the department may charge only the
  licensing fee.
         SECTION 4.  The public safety director of the Department of
  Public Safety shall adopt the rules necessary to implement Section
  411.184, Government Code, as added by this Act, not later than
  December 1, 2021.
         SECTION 5.  (a) 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 on or after January 1,
  2022.
         (b)  The Department of Public Safety may not accept an
  application for or grant a designation under Section 411.184,
  Government Code, as added by this Act, before January 1, 2022.
         SECTION 6.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2675 was passed by the House on May
  14, 2021, by the following vote:  Yeas 126, Nays 15, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2675 was passed by the Senate on May
  24, 2021, by the following vote:  Yeas 27, Nays 3.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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