Bill Text: TX HB918 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to a license to carry a handgun for certain young adults who are protected under certain court orders related to family violence.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Passed) 2021-06-03 - Effective on 9/1/21 [HB918 Detail]

Download: Texas-2021-HB918-Enrolled.html
 
 
  H.B. No. 918
 
 
 
 
AN ACT
  relating to a license to carry a handgun for certain young adults
  who are protected under certain court orders related to family
  violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.172, Government Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  Notwithstanding Subsection (a)(2), a person who is at
  least 18 years of age but not yet 21 years of age is eligible for a
  license to carry a handgun if the person:
               (1)  is protected under:
                     (A)  an active protective order issued under:
                           (i)  Title 4, Family Code; or
                           (ii)  Subchapter A, Chapter 7B, Code of
  Criminal Procedure; or
                     (B)  an active magistrate's order for emergency
  protection under Article 17.292, Code of Criminal Procedure; and
               (2)  meets the other eligibility requirements of
  Subsection (a) except for the minimum age required by federal law to
  purchase a handgun.
         SECTION 2.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1735 to read as follows:
         Sec. 411.1735.  PROTECTIVE ORDER DESIGNATION. (a)  
  Notwithstanding any other provision of this subchapter, a person
  who establishes eligibility for a license to carry a handgun under
  Section 411.172(i) may only hold a license under this subchapter
  that bears a protective order designation on the face of the
  license.
         (b)  A person described by this section must submit a copy of
  the applicable court order described by Section 411.172(i)(1) with
  the application materials described by Section 411.174. The
  person's application is not considered complete for purposes of
  this subchapter unless the application includes the documentation
  and materials required by this section.
         (c)  Notwithstanding Section 411.183, a license that bears a
  protective order designation under this section expires on the
  earlier of:
               (1)  the date on which the applicable court order
  described by Section 411.172(i)(1) is rescinded or expires; or
               (2)  the 22nd birthday of the license holder.
         (d)  A holder of a license with a protective order
  designation under this section who becomes 21 years of age may apply
  for a license under this subchapter that does not bear the
  designation by using the renewal procedure under Section 411.185,
  regardless of whether the license that bears the designation has
  expired or is about to expire.
         (e)  The director shall adopt rules establishing a process by
  which the department periodically verifies a license holder's
  eligibility for a license to carry a handgun under Section
  411.172(i) if the license holder's license bears a protective order
  designation under this section. The rules may specify different
  intervals at which the department must verify the license holder's
  eligibility based on the court order used to satisfy the
  eligibility requirement described by Section 411.172(i)(1).
         SECTION 3.  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)  if applicable, a protective order designation
  under Section 411.1735.
         SECTION 4.  Section 411.205, Government Code, is amended to
  read as follows:
         Sec. 411.205.  REQUIREMENT TO DISPLAY LICENSE. If a license
  holder is carrying a handgun on or about the license holder's person
  when a magistrate or a peace officer demands that the license holder
  display identification, the license holder shall display:
               (1)  both the license holder's driver's license or
  identification certificate issued by the department and the license
  holder's handgun license; and
               (2)  if the license holder's handgun license bears a
  protective order designation, a copy of the applicable court order
  under which the license holder is protected.
         SECTION 5.  The changes in law made by this Act to Subchapter
  H, Chapter 411, Government Code, apply only to a completed
  application for a license to carry a handgun that is received by the
  Department of Public Safety of the State of Texas on or after the
  effective date of this Act. A completed application received
  before the effective date of this Act is governed by the law in
  effect on the date the application was received, and the former law
  is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 918 was passed by the House on April
  15, 2021, by the following vote:  Yeas 127, Nays 18, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 918 on May 18, 2021, by the following vote:  Yeas 131, Nays 11,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 918 was passed by the Senate, with
  amendments, on May 12, 2021, by the following vote:  Yeas 18, Nays
  12.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback