Bill Text: TX HB2949 | 2019-2020 | 86th Legislature | Introduced

---

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

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2019-04-17 - No action taken in committee [HB2949 Detail]

Download: Texas-2019-HB2949-Introduced.html

---

86R5074 JSC-D
By: Guillen H.B. No. 2949

A BILL TO BE ENTITLED
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 color 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 Article 6.08
or 6.09, Code of Criminal Procedure, or Chapter 7A of that code; 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 C, Chapter 56, 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. Section 46.035, Penal Code, is amended by adding
Subsection (n) to read as follows:
(n) It is a defense to prosecution under Subsections (b)(1),
(2), (4), (5), and (6) and (c) that at the time of the commission of
the offense the actor was carrying a handgun and held a license
issued under Subchapter H, Chapter 411, Government Code, bearing an
at-risk designation under Section 411.184 of that code.
SECTION 5. Section 46.15(a), Penal Code, is amended to read
as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer, qualified
retired law enforcement officer, federal criminal investigator, or
former reserve law enforcement officer who holds a certificate of
proficiency issued under Section 1701.357, Occupations Code, and is
carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies
that the officer is:
(A) an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who
has served in that capacity not less than a total of 15 years with
one or more state or local law enforcement agencies;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; [or]
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services; or
(11) a person who is carrying a handgun and holds a
license to carry a handgun issued under Subchapter H, Chapter 411,
Government Code, that bears an at-risk designation under Section
411.184 of that code.
SECTION 6. 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, 2019.
SECTION 7. (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,
2020.
(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, 2020.
SECTION 8. The change in law made by this Act in amending
Sections 46.035 and 46.15, Penal Code, applies only to an offense
committed on or after January 1, 2020. An offense committed before
January 1, 2020, is governed by the law in effect on the date the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before January 1, 2020, if any element of the offense
occurred before that date.
SECTION 9. This Act takes effect September 1, 2019.