Bill Text: TX HB2675 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2675 Detail]
Download: Texas-2021-HB2675-Comm_Sub.html
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: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2675 Detail]
Download: Texas-2021-HB2675-Comm_Sub.html
By: Guillen, et al. (Senate Sponsor - Birdwell) | H.B. No. 2675 | |
(In the Senate - Received from the House May 17, 2021; | ||
May 17, 2021, read first time and referred to Committee on State | ||
Affairs; May 21, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 21, 2021, sent to printer.) | ||
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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 | ||
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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 [ |
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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; [ |
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(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. | ||
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