87R14701 JSC-F
	By: White, et al.	H.B. No. 821
	Substitute the following for H.B. No. 821:
	By:  Hefner	C.S.H.B. No. 821

	A BILL TO BE ENTITLED
	AN ACT
	relating to the eligibility for a license to carry a handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 for:
	(A)  a federal offense punishable by imprisonment
	for a term exceeding one year, other than antitrust violations,
	unfair trade practices, restraints of trade, or other similar
	offenses relating to the regulation of business practices; or
	(B)  an offense under state law punishable by
	imprisonment for a term of more than two years;
	(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 on a controlled
	substance [person];
	(7)  has not been involuntarily committed to a mental
	institution or adjudicated as a mental defective [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 not prohibited by [fully qualified under]
	applicable federal or [and] state law from possessing a firearm [to
	purchase a handgun];
	(9)  is not illegally or unlawfully in the United
	States;
	(10)  has not been discharged from the United States
	armed forces under dishonorable conditions;
	(11)  has not renounced the person's United States
	citizenship;
	(12)  is not prohibited from possessing firearms for a
	misdemeanor crime of domestic violence under Section 46.04(b),
	Penal Code, or 18 U.S.C. Section 922(g)(9);
	(13) [(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 prohibited from possessing a
	firearm [restricted] under:
	(A)  a [court] protective order issued under Title
	4, Family Code, or Subchapter A or B, Chapter 7B, Code of Criminal
	Procedure;
	(B)  a protective order issued by another
	jurisdiction as provided by Chapter 88, Family Code; or
	(C)  a magistrate's order for emergency
	protection under Article 17.292, Code of Criminal Procedure
	[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 2.  Sections 411.186(a), (c), and (d), Government
	Code, are amended to read as follows:
	(a)  The department shall revoke a license under this section
	if the license holder:
	(1)  was not entitled to the license at the time it was
	issued;
	(2)  made a material misrepresentation or failed to
	disclose a material fact in an application submitted under this
	subchapter;
	(3)  subsequently becomes ineligible for a license
	under Section 411.172[, unless the sole basis for the ineligibility
	is that the license holder 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]; or
	(4)  [is convicted of an offense under Section 46.035,
	Penal Code;
	[(5)  is determined by the department to have engaged
	in conduct constituting a reason to suspend a license listed in
	Section 411.187(a) after the person's license has been previously
	suspended twice for the same reason; or
	[(6)]  submits an application fee that is dishonored or
	reversed if the applicant fails to submit a cashier's check or money
	order made payable to the "Texas Department of Public Safety [of the
	State of Texas]" in the amount of the dishonored or reversed fee,
	plus $25, within 30 days of being notified by the department that
	the fee was dishonored or reversed.
	(c)  A license holder whose license is revoked for a reason
	listed in Subsection (a)(1), (2), or (3) [Subsections (a)(1)-(5)]
	may reapply as a new applicant for the issuance of a license under
	this subchapter after the second anniversary of the date of the
	revocation if the cause for revocation does not exist on the date of
	the second anniversary.  If the cause for revocation exists on the
	date of the second anniversary after the date of revocation, the
	license holder may not apply for a new license until the cause for
	revocation no longer exists and has not existed for a period of two
	years.
	(d)  A license holder whose license is revoked under
	Subsection (a)(4) [(a)(6)] may reapply for an original or renewed
	license at any time, provided the application fee and a dishonored
	payment charge of $25 is paid by cashier's check or money order made
	payable to the "Texas Department of Public Safety."
	SECTION 3.  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 an offense and,
	if convicted of the offense, the person would be ineligible under
	federal or state law to possess a firearm [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];
	(2)  fails to notify the department of a change of
	address, name, or status as required by Section 411.181; or
	(3)  [commits an act of family violence and] is the
	subject of an active protective order that causes the person to
	become ineligible under federal or state law to possess a firearm
	[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 dismissal of the charges, if the person's
	license is subject to suspension for the reason listed in
	Subsection (a)(1); or
	(3) [(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)(6)].
	SECTION 4.  Section 411.201(c), Government Code, is 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 meets the
	requirements under Section 411.172[:
	[(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;
	[(4)  is not a chemically dependent person; and
	[(5)  is not a person of unsound mind].
	SECTION 5.  The following provisions of the Government Code
	are repealed:
	(1)  Sections 411.171(2), (4), and (6);
	(2)  Section 411.1711;
	(3)  Sections 411.172(b), (b-1), (c), (d), (e), and
	(f); and
	(4)  Section 411.206(c).
	SECTION 6.  The changes in law made by this Act to Sections
	411.172 and 411.201, Government Code, apply only to an application
	for the issuance, modification, 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 changes in law made by this Act to Sections
	411.186 and 411.187, Government Code, apply only to an
	administrative or judicial determination concerning the revocation
	or 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, 2021.