Bill Text: TX SB16 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to decreasing the fee for the issuance of an original or renewed license to carry a handgun.

Spectrum: Partisan Bill (Republican 59-2)

Status: (Enrolled) 2017-05-15 - Sent to the Governor [SB16 Detail]

Download: Texas-2017-SB16-Enrolled.html
 
 
  S.B. No. 16
 
 
 
 
AN ACT
  relating to decreasing the fee for the issuance of an original or
  renewed 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
  [$140] paid to the department;
               (7)  evidence of handgun proficiency, in the form and
  manner required by the department;
               (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
               (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.  Sections 411.185(a) and (b), Government Code,
  are amended to read as follows:
         (a)  To renew a license, a license holder must, on or before
  the date the license expires, submit to the department by mail or,
  in accordance with the procedure adopted under Subsection (f), on
  the Internet:
               (1)  a renewal application on a form provided by the
  department;
               (2)  payment of a nonrefundable renewal fee of $40 [as
  set by the department]; and
               (3)  the informational form described by Subsection (c)
  signed or electronically acknowledged by the applicant.
         (b)  The director by rule shall adopt a renewal application
  form requiring an update of the information on the original
  completed application.  [The director by rule shall set the renewal
  fee in an amount that is sufficient to cover the actual cost to the
  department to:
               [(1)     verify the information contained in the renewal
  application form;
               [(2)     conduct any necessary investigation concerning
  the license holder's continued eligibility to hold a license; and
               [(3)  issue the renewed license.]
         SECTION 3.  Section 411.190(c), Government Code, is amended
  to read as follows:
         (c)  In the manner applicable to a person who applies for a
  license to carry a handgun, the department shall conduct a
  background check of a person who applies for certification as a
  qualified handgun instructor. If the background check indicates
  that the applicant for certification would not qualify to receive a
  handgun license, the department may not certify the applicant as a
  qualified handgun instructor. If the background check indicates
  that the applicant for certification would qualify to receive a
  handgun license, the department shall provide handgun instructor
  training to the applicant. The applicant shall pay a fee of $100 to
  the department for the training. The applicant must take and
  successfully complete the training offered by the department and
  pay the training fee before the department may certify the
  applicant as a qualified handgun instructor. The department shall
  issue a license to carry a handgun under the authority of this
  subchapter to any person who is certified as a qualified handgun
  instructor and who pays to the department a fee of $40 [$100] in
  addition to the training fee. The department by rule may prorate or
  waive the training fee for an employee of another governmental
  entity.
         SECTION 4.  The heading to Section 411.194, Government Code,
  is amended to read as follows:
         Sec. 411.194.  REDUCTION OF CERTAIN FEES DUE TO INDIGENCY.
         SECTION 5.  Section 411.194(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  if the department determines that an applicant is indigent, the
  department shall reduce by:
               (1)  50 percent any fee required for the issuance of a
  [an original,] duplicate or[,] modified[, or renewed] license under
  this subchapter; and
               (2)  $5 any fee required for the issuance of a renewed
  license under this subchapter [if the department determines that
  the applicant is indigent].
         SECTION 6.  Section 411.195, Government Code, is amended to
  read as follows:
         Sec. 411.195.  REDUCTION OF CERTAIN FEES FOR SENIOR
  CITIZENS. Notwithstanding any other provision of this subchapter,
  if an applicant for the license is 60 years of age or older, the
  department shall reduce by:
               (1)  50 percent any fee required for the issuance of a
  [an original,] duplicate or[,] modified[, or renewed] license under
  this subchapter; and
               (2)  $5 any fee required for the issuance of a renewed
  license under this subchapter [if the applicant for the license is
  60 years of age or older].
         SECTION 7.  Section 411.1991(c), Government Code, is amended
  to read as follows:
         (c)  The department shall waive any fee required [An
  applicant under this section shall pay a fee of $25] for a license
  issued under this subchapter to an applicant under this section.
         SECTION 8.  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;
               (5)  a nonrefundable application and license fee of $25
  [set by the department in an amount reasonably designed to cover the
  administrative costs associated with issuance of a license to carry
  a handgun under this subchapter]; and
               (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 9.  The change in law made by this Act applies only
  to an applicant for an original or renewed license to carry a
  handgun under Subchapter H, Chapter 411, Government Code, as
  amended by this Act, who submits the application on or after the
  effective date of this Act.
         SECTION 10.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 16 passed the Senate on
  March 27, 2017, by the following vote: Yeas 26, Nays 5; and that
  the Senate concurred in House amendment on May 11, 2017, by the
  following vote: Yeas 26, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 16 passed the House, with
  amendment, on May 3, 2017, by the following vote: Yeas 129,
  Nays 17, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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