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A BILL TO BE ENTITLED
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AN ACT
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relating to the application requirements for a license to carry a |
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handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.174(a), Government Code, is amended |
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to read as follows: |
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(a) An applicant for a license to carry a handgun must |
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submit to the director's designee described by Section 411.176: |
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(1) a completed application on a form provided by the |
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department that requires only the information listed in Subsection |
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(b); |
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(2) one or more photographs of the applicant that meet |
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the requirements of the department; |
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(3) a certified copy of the applicant's birth |
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certificate or certified proof of age; |
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(4) proof of residency in this state; |
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(5) [two complete sets of legible and classifiable |
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fingerprints of the applicant taken by a person appropriately |
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trained in recording fingerprints who is employed by a law |
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enforcement agency or by a private entity designated by a law |
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enforcement agency as an entity qualified to take fingerprints of |
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an applicant for a license under this subchapter; |
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[(6)] a nonrefundable application and license fee of |
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$40 paid to the department; |
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(6) [(7)] evidence of handgun proficiency, in the form |
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and manner required by the department; |
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(7) [(8)] an affidavit signed by the applicant stating |
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that the applicant: |
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(A) has read and understands each provision of |
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this subchapter that creates an offense under the laws of this state |
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and each provision of the laws of this state related to use of |
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deadly force; and |
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(B) fulfills all the eligibility requirements |
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listed under Section 411.172; and |
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(8) [(9)] a form executed by the applicant that |
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authorizes the director to make an inquiry into any noncriminal |
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history records that are necessary to determine the applicant's |
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eligibility for a license under Section 411.172(a). |
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SECTION 2. Section 411.176(b), Government Code, is amended |
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to read as follows: |
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(b) The director's designee as needed shall conduct an |
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additional criminal history record check of the applicant and an |
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investigation of the applicant's local official records to verify |
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the accuracy of the application materials. The director's designee |
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may access any records necessary for purposes of this subsection. |
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The scope of the record check and the investigation are at the sole |
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discretion of the department, except that the director's designee |
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shall complete the record check and investigation not later than |
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the 60th day after the date the department receives the application |
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materials. The department shall contact [send a fingerprint card |
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to] the Federal Bureau of Investigation to obtain [for] a national |
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criminal history check of the applicant. On completion of the |
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investigation, the director's designee shall return all materials |
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and the result of the investigation to the appropriate division of |
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the department at its Austin headquarters. |
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SECTION 3. Section 411.199(b), Government Code, is amended |
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to read as follows: |
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(b) The person shall submit [two complete sets of legible |
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and classifiable fingerprints and] a sworn statement from the head |
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of the law enforcement agency that employed the applicant or other |
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former employer of the applicant, as applicable. A head of a law |
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enforcement agency or other former employer may not refuse to issue |
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a statement under this subsection. If the applicant alleges that |
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the statement is untrue, the department shall investigate the |
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validity of the statement. The statement must include: |
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(1) the name and rank of the applicant; |
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(2) the status of the applicant before retirement; |
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(3) whether the applicant was accused of misconduct at |
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the time of the retirement; |
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(4) the physical and mental condition of the |
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applicant; |
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(5) the type of weapons the applicant had demonstrated |
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proficiency with during the last year of employment; |
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(6) whether the applicant would be eligible for |
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reemployment with the agency or employer, and if not, the reasons |
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the applicant is not eligible; |
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(7) a recommendation from the agency head or the |
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employer regarding the issuance of a license under this subchapter; |
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and |
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(8) whether the applicant holds a current certificate |
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of proficiency under Section 1701.357, Occupations Code. |
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SECTION 4. Section 411.1992(b), Government Code, is amended |
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to read as follows: |
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(b) The applicant shall submit to the department [two |
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complete sets of legible and classifiable fingerprints and] a sworn |
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statement from the head of the law enforcement agency at which the |
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applicant last served as a reserve law enforcement officer. A head |
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of a law enforcement agency may not refuse to issue a statement |
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under this subsection. If the applicant alleges that the statement |
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is untrue, the department shall investigate the validity of the |
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statement. The statement must include: |
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(1) the name and rank of the applicant; |
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(2) the status of the applicant; |
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(3) whether the applicant was accused of misconduct at |
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any time during the applicant's term of service and the disposition |
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of that accusation; |
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(4) a description of the physical and mental condition |
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of the applicant; |
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(5) a list of the types of weapons the applicant |
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demonstrated proficiency with during the applicant's term of |
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service; and |
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(6) a recommendation from the agency head regarding |
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the issuance of a license under this subchapter. |
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SECTION 5. Section 411.201(d), Government Code, is amended |
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to read as follows: |
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(d) An applicant for a license who is an active or retired |
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judicial officer must submit to the department: |
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(1) a completed application, including all required |
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affidavits, on a form prescribed by the department; |
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(2) one or more photographs of the applicant that meet |
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the requirements of the department; |
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(3) [two complete sets of legible and classifiable |
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fingerprints of the applicant, including one set taken by a person |
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employed by a law enforcement agency who is appropriately trained |
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in recording fingerprints; |
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[(4)] evidence of handgun proficiency, in the form and |
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manner required by the department for an applicant under this |
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section; |
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(4) [(5)] a nonrefundable application and license fee |
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of $25; and |
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(5) [(6)] if the applicant is a retired judicial |
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officer, a form executed by the applicant that authorizes the |
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department to make an inquiry into any noncriminal history records |
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that are necessary to determine the applicant's eligibility for a |
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license under this subchapter. |
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SECTION 6. Section 118.0217(a), Local Government Code, is |
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amended to read as follows: |
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(a) The fee for a "mental health background check for |
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license to carry a handgun" is for a check, conducted by the county |
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clerk at the request of the Texas Department of Public Safety, of |
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the county records involving the mental condition of a person who |
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applies for a license to carry a handgun under Subchapter H, Chapter |
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411, Government Code. The fee, not to exceed $2, will be paid from |
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the application fee submitted to the Department of Public Safety |
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according to Section 411.174(a)(5) [411.174(a)(6)], Government |
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Code. |
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SECTION 7. Section 411.175, Government Code, is repealed. |
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SECTION 8. The change in law made by this Act applies only |
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to an applicant for a license to carry a handgun under Subchapter H, |
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Chapter 411, Government Code, as amended by this Act, who submits |
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the application for the license on or after the effective date of |
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this Act. |
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SECTION 9. This Act takes effect September 1, 2023. |