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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for a handgun license of a person who is |
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identified as a member of a criminal street gang. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.172(a), Government Code, is amended |
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to read as follows: |
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(a) A person is eligible for a license to carry a handgun if |
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the person: |
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(1) is a legal resident of this state for the six-month |
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period preceding the date of application under this subchapter or |
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is otherwise eligible for a license under Section 411.173(a); |
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(2) is at least 21 years of age; |
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(3) has not been convicted of a felony; |
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(4) is not charged with the commission of a Class A or |
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Class B misdemeanor or equivalent offense, or of an offense under |
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Section 42.01, Penal Code, or equivalent offense, or of a felony |
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under an information or indictment; |
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(5) is not a fugitive from justice for a felony or a |
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Class A or Class B misdemeanor or equivalent offense; |
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(6) is not a chemically dependent person; |
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(7) is not incapable of exercising sound judgment with |
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respect to the proper use and storage of a handgun; |
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(8) has not, in the five years preceding the date of |
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application, been convicted of a Class A or Class B misdemeanor or |
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equivalent offense or of an offense under Section 42.01, Penal |
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Code, or equivalent offense; |
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(9) is fully qualified under applicable federal and |
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state law to purchase a handgun; |
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(10) has not been finally determined to be delinquent |
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in making a child support payment administered or collected by the |
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attorney general; |
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(11) has not been finally determined to be delinquent |
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in the payment of a tax or other money collected by the comptroller, |
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the tax collector of a political subdivision of the state, or any |
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agency or subdivision of the state; |
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(12) is not currently restricted under a court |
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protective order or subject to a restraining order affecting the |
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spousal relationship, other than a restraining order solely |
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affecting property interests; |
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(13) has not, in the 10 years preceding the date of |
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application, been adjudicated as having engaged in delinquent |
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conduct violating a penal law of the grade of felony; [and] |
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(14) has not made any material misrepresentation, or |
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failed to disclose any material fact, in an application submitted |
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pursuant to Section 411.174; and |
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(15) is not identified as a member of a criminal street |
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gang in an intelligence database established under Chapter 67, Code |
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of Criminal Procedure. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for the issuance or renewal of a license that is |
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submitted to the Department of Public Safety on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |