Bill Text: TX HB4526 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the application requirements for a license to carry a handgun.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-22 - Referred to Community Safety, Select [HB4526 Detail]

Download: Texas-2023-HB4526-Introduced.html

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88R12776 JSC-F
By: Slaton H.B. No. 4526

A BILL TO BE ENTITLED
AN ACT
relating to the application requirements for a license to carry a
handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.174(a), Government Code, is amended
to read as follows:
(a) An applicant for a license to carry a handgun must
submit to the director's designee described by Section 411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) a certified copy of the applicant's birth
certificate or certified proof of age;
(4) proof of residency in this state;
(5) [two complete sets of legible and classifiable
fingerprints of the applicant taken by a person appropriately
trained in recording fingerprints who is employed by a law
enforcement agency or by a private entity designated by a law
enforcement agency as an entity qualified to take fingerprints of
an applicant for a license under this subchapter;
[(6)] a nonrefundable application and license fee of
$40 paid to the department;
(6) [(7)] evidence of handgun proficiency, in the form
and manner required by the department;
(7) [(8)] an affidavit signed by the applicant stating
that the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; and
(8) [(9)] a form executed by the applicant that
authorizes the director to make an inquiry into any noncriminal
history records that are necessary to determine the applicant's
eligibility for a license under Section 411.172(a).
SECTION 2. Section 411.176(b), Government Code, is amended
to read as follows:
(b) The director's designee as needed shall conduct an
additional criminal history record check of the applicant and an
investigation of the applicant's local official records to verify
the accuracy of the application materials. The director's designee
may access any records necessary for purposes of this subsection.
The scope of the record check and the investigation are at the sole
discretion of the department, except that the director's designee
shall complete the record check and investigation not later than
the 60th day after the date the department receives the application
materials. The department shall contact [send a fingerprint card
to] the Federal Bureau of Investigation to obtain [for] a national
criminal history check of the applicant. On completion of the
investigation, the director's designee shall return all materials
and the result of the investigation to the appropriate division of
the department at its Austin headquarters.
SECTION 3. Section 411.199(b), Government Code, is amended
to read as follows:
(b) The person shall submit [two complete sets of legible
and classifiable fingerprints and] a sworn statement from the head
of the law enforcement agency that employed the applicant or other
former employer of the applicant, as applicable. A head of a law
enforcement agency or other former employer may not refuse to issue
a statement under this subsection. If the applicant alleges that
the statement is untrue, the department shall investigate the
validity of the statement. The statement must include:
(1) the name and rank of the applicant;
(2) the status of the applicant before retirement;
(3) whether the applicant was accused of misconduct at
the time of the retirement;
(4) the physical and mental condition of the
applicant;
(5) the type of weapons the applicant had demonstrated
proficiency with during the last year of employment;
(6) whether the applicant would be eligible for
reemployment with the agency or employer, and if not, the reasons
the applicant is not eligible;
(7) a recommendation from the agency head or the
employer regarding the issuance of a license under this subchapter;
and
(8) whether the applicant holds a current certificate
of proficiency under Section 1701.357, Occupations Code.
SECTION 4. Section 411.1992(b), Government Code, is amended
to read as follows:
(b) The applicant shall submit to the department [two
complete sets of legible and classifiable fingerprints and] a sworn
statement from the head of the law enforcement agency at which the
applicant last served as a reserve law enforcement officer. A head
of a law enforcement agency may not refuse to issue a statement
under this subsection. If the applicant alleges that the statement
is untrue, the department shall investigate the validity of the
statement. The statement must include:
(1) the name and rank of the applicant;
(2) the status of the applicant;
(3) whether the applicant was accused of misconduct at
any time during the applicant's term of service and the disposition
of that accusation;
(4) a description of the physical and mental condition
of the applicant;
(5) a list of the types of weapons the applicant
demonstrated proficiency with during the applicant's term of
service; and
(6) a recommendation from the agency head regarding
the issuance of a license under this subchapter.
SECTION 5. Section 411.201(d), Government Code, is amended
to read as follows:
(d) An applicant for a license who is an active or retired
judicial officer must submit to the department:
(1) a completed application, including all required
affidavits, on a form prescribed by the department;
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) [two complete sets of legible and classifiable
fingerprints of the applicant, including one set taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints;
[(4)] evidence of handgun proficiency, in the form and
manner required by the department for an applicant under this
section;
(4) [(5)] a nonrefundable application and license fee
of $25; and
(5) [(6)] if the applicant is a retired judicial
officer, a form executed by the applicant that authorizes the
department to make an inquiry into any noncriminal history records
that are necessary to determine the applicant's eligibility for a
license under this subchapter.
SECTION 6. Section 118.0217(a), Local Government Code, is
amended to read as follows:
(a) The fee for a "mental health background check for
license to carry a handgun" is for a check, conducted by the county
clerk at the request of the Texas Department of Public Safety, of
the county records involving the mental condition of a person who
applies for a license to carry a handgun under Subchapter H, Chapter
411, Government Code. The fee, not to exceed $2, will be paid from
the application fee submitted to the Department of Public Safety
according to Section 411.174(a)(5) [411.174(a)(6)], Government
Code.
SECTION 7. Section 411.175, Government Code, is repealed.
SECTION 8. The change in law made by this Act applies only
to an applicant for a license to carry a handgun under Subchapter H,
Chapter 411, Government Code, as amended by this Act, who submits
the application for the license on or after the effective date of
this Act.
SECTION 9. This Act takes effect September 1, 2023.