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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance or renewal of a license to carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.177(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The department may [shall] issue a license to carry a |
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handgun to an applicant if the applicant meets all the eligibility |
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requirements and submits all the application materials. The |
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department shall administer the licensing procedures in good faith |
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and [so that any applicant who meets all the eligibility
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requirements and submits all the application materials shall
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receive a license.
The department] may not deny an application on |
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the basis of a capricious or arbitrary decision by the department. |
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A denial must be supported by a preponderance of the evidence. |
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(b) The department shall, not later than the 60th day after |
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the date of the receipt by the director's designee of the completed |
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application materials: |
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(1) issue the license; |
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(2) notify the applicant in writing that the |
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application was denied and explain the grounds for the denial [:
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[(A)
on the grounds that the applicant failed to
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qualify under the criteria listed in Section 411.172;
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[(B)
based on the affidavit of the director's
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designee submitted to the department under Section 411.176(c); or
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[(C)
based on the affidavit of the qualified
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handgun instructor submitted to the department under Section
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411.188(k)]; or |
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(3) notify the applicant in writing that the |
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department is unable to make a determination regarding the issuance |
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or denial of a license to the applicant within the 60-day period |
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prescribed by this subsection and include in that notification an |
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explanation of the reason for the inability and an estimation of the |
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amount of time the department will need to make the determination. |
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SECTION 2. Section 411.185(e), Government Code, is amended |
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to read as follows: |
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(e) The department may [shall] renew the license of a |
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license holder who meets all the eligibility requirements to |
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continue to hold a license and submits all the renewal materials |
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described by Subsection (a). Not later than the 45th day after |
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receipt of the renewal materials, the department shall issue the |
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renewed license or notify the license holder in writing that the |
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department denied the license holder's renewal application. A |
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denial must be supported by a preponderance of the evidence. |
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SECTION 3. The change in law made by this Act applies only |
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to an applicant for an original or renewed license to carry a |
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handgun under Subchapter H, Chapter 411, Government Code, as |
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amended by this Act, who submits the application on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |