Bill Text: TX SB1704 | 2017-2018 | 85th Legislature | Introduced


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

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2017-03-22 - Referred to State Affairs [SB1704 Detail]

Download: Texas-2017-SB1704-Introduced.html
  85R7213 JSC-D
 
  By: Buckingham, Burton, Creighton S.B. No. 1704
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility requirements for a license to carry a
  handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 28, Code of Criminal Procedure, is
  amended by adding Article 28.15 to read as follows:
         Art. 28.15.  MOTION REGARDING LICENSE TO CARRY HANDGUN. (a)  
  If a defendant's eligibility for a license to carry a handgun would
  be affected by a criminal charge pending against the defendant in
  this state, the defendant may file with the court in which the
  charge is pending a petition for an order under this article
  authorizing the defendant to hold a license to carry a handgun if
  the defendant is able to satisfy all other applicable eligibility
  requirements for holding the license.
         (b)  In determining whether to issue an order under this
  article, the court shall consider:
               (1)  the nature of the offense with which the defendant
  is charged;
               (2)  the criminal history record information of the
  defendant; and
               (3)  any potential risks to public safety.
         (c)  A defendant whose license to carry a handgun is
  suspended because of the charge described by Subsection (a) may
  present to the Department of Public Safety a copy of an order issued
  under this article.  On receipt of the copy, the department shall
  reinstate the suspended license, provided that the defendant is
  otherwise eligible to hold the license.
         (d)  A defendant who does not hold a license to carry a
  handgun may submit with the defendant's application materials a
  copy of an order issued under this article. The Department of
  Public Safety may not deny the issuance of a license based solely on
  a charged offense that is the subject of an order issued under this
  article.
         (e)  The court may rescind an order issued under this article
  on the motion of the attorney representing the state or on the
  court's own motion. If the court rescinds the order, the court
  shall immediately notify the appropriate division of the Department
  of Public Safety.
         (f)  On receipt of a notice of a rescinded order under
  Subsection (e), the Department of Public Safety shall, while the
  charge is pending:
               (1)  suspend the handgun license of the defendant; or
               (2)  if the defendant does not have a handgun license,
  deny any application the defendant submits for a license.
         (g)  An order may be issued under this article only with
  respect to a single pending criminal charge.
         SECTION 2.  Section 411.172(a), Government Code, is amended
  to read as follows:
         (a)  A person is eligible for a license to carry a handgun if
  the person:
               (1)  is a legal resident of this state for the six-month
  period preceding the date of application under this subchapter or
  is otherwise eligible for a license under Section 411.173(a);
               (2)  is at least 21 years of age;
               (3)  has not been convicted of a felony;
               (4)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment, unless a court order has been
  issued under Article 28.15, Code of Criminal Procedure, relating to
  that offense;
               (5)  is not a fugitive from justice for a felony or a
  Class A or Class B misdemeanor or equivalent offense;
               (6)  is not a chemically dependent person;
               (7)  is not incapable of exercising sound judgment with
  respect to the proper use and storage of a handgun;
               (8)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (9)  is fully qualified under applicable federal and
  state law to purchase a handgun;
               (10)  has not been finally determined to be delinquent
  in making a child support payment administered or collected by the
  attorney general;
               (11)  has not been finally determined to be delinquent
  in the payment of a tax or other money collected by the comptroller,
  the tax collector of a political subdivision of the state, or any
  agency or subdivision of the state;
               (12)  is not currently restricted under a court
  protective order or subject to a restraining order affecting the
  spousal relationship, other than a restraining order solely
  affecting property interests;
               (13)  has not, in the 10 years preceding the date of
  application, been adjudicated as having engaged in delinquent
  conduct violating a penal law of the grade of felony; and
               (14)  has not made any material misrepresentation, or
  failed to disclose any material fact, in an application submitted
  pursuant to Section 411.174.
         SECTION 3.  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
  $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); and
               (10)  a copy of a court order issued under Article
  28.15, Code of Criminal Procedure, if the applicant would otherwise
  be ineligible for the license under Section 411.172(a)(4).
         SECTION 4.  Sections 411.187(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The department shall suspend a license under this
  section if the license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment, unless a court order has been
  issued under Article 28.15, Code of Criminal Procedure, relating to
  that offense;
               (2)  fails to notify the department of a change of
  address, name, or status as required by Section 411.181;
               (3)  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; or
               (4)  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure.
         (c)  The department shall suspend a license under this
  section:
               (1)  for 30 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(2), (3), or (4),
  except as provided by Subdivision (2);
               (2)  for not less than one year and not more than three
  years, if the person's license:
                     (A)  is subject to suspension for a reason listed
  in Subsection (a), other than the reason listed in Subsection
  (a)(1); and
                     (B)  has been previously suspended for the same
  reason;
               (3)  until the earlier of:
                     (A)  the date of dismissal of the charges, if the
  person's license is subject to suspension for the reason listed in
  Subsection (a)(1); or
                     (B)  the date the person provides the department
  with a copy of a court order issued under Article 28.15, Code of
  Criminal Procedure, relating to the offense charged; or
               (4)  for the duration of or the period specified by:
                     (A)  the protective order issued under Title 4,
  Family Code, if the person's license is subject to suspension for
  the reason listed in Subsection (a)(3) [(a)(5)]; or
                     (B)  the order for emergency protection issued
  under Article 17.292, Code of Criminal Procedure, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(4) [(a)(6)].
         SECTION 5.  Sections 411.201(c) and (d), Government Code,
  are amended to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a handgun under the authority of this subchapter. A retired
  judicial officer is eligible for a license to carry a handgun under
  the authority of this subchapter if the officer:
               (1)  has not been convicted of a felony;
               (2)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense;
               (3)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense or of a felony under an
  information or indictment, unless a court order has been issued
  under Article 28.15, Code of Criminal Procedure, relating to that
  offense;
               (4)  is not a chemically dependent person; and
               (5)  is not a person of unsound mind.
         (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 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; and
               (7)  a copy of a court order issued under Article 28.15,
  Code of Criminal Procedure, if the applicant would otherwise be
  ineligible for the license under Subsection (c)(3).
         SECTION 6.  The changes in law made by this Act to Sections
  411.172, 411.174, and 411.201, Government Code, apply only to an
  application for the issuance or renewal of a license that is
  submitted to the Department of Public Safety on or after the
  effective date of this Act. An application submitted before the
  effective date of this Act is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 7.  The change in law made by this Act to Section
  411.187, Government Code, applies only to an administrative or
  judicial determination concerning the suspension of a license to
  carry a handgun that is made on or after the effective date of this
  Act.  An administrative or judicial determination made before the
  effective date of this Act is governed by the law in effect on the
  date the determination was made, and the former law is continued in
  effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2017.
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