| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requirements for certain applicants to obtain an |
|
|
original, duplicate, modified, or renewed license to carry a |
|
|
handgun; waiving certain fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 411.175, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 411.175. PROCEDURES FOR SUBMITTING FINGERPRINTS. The |
|
|
department shall establish procedures for the submission of legible |
|
|
and classifiable fingerprints by an applicant for a license under |
|
|
this subchapter who: |
|
|
(1) is required to submit those fingerprints to the |
|
|
department, including an applicant under Section 411.199, 411.1992 |
|
|
[411.1991], or 411.201; and |
|
|
(2) resides in a county having a population of 46,000 |
|
|
or less and does not reside within a 25-mile radius of a facility |
|
|
with the capability to process digital or electronic fingerprints. |
|
|
SECTION 2. Section 411.199, Government Code, is amended by |
|
|
amending Subsections (c), (d), and (f) and adding Subsections |
|
|
(c-1), (c-2), and (c-3) to read as follows: |
|
|
(c) The department may issue a license under this subchapter |
|
|
to an applicant under this section if the applicant is honorably |
|
|
retired and physically and emotionally fit to possess a handgun. |
|
|
(c-1) For purposes of [In] this section [subsection], |
|
|
"honorably retired" means the applicant: |
|
|
(1) did not retire in lieu of any disciplinary action; |
|
|
(2) was eligible to retire from the law enforcement |
|
|
agency or was ineligible to retire only as a result of an injury |
|
|
received in the course of the applicant's employment with the |
|
|
agency; and |
|
|
(3) is entitled to receive a pension or annuity for |
|
|
service as a law enforcement officer or is not entitled to receive a |
|
|
pension or annuity only because the law enforcement agency that |
|
|
employed the applicant does not offer a pension or annuity to its |
|
|
employees. |
|
|
(c-2) Notwithstanding any other law, an applicant under |
|
|
this section who is an honorably retired peace officer described by |
|
|
Subsection (a) must meet all other requirements of this subchapter, |
|
|
except that the applicant is not required to complete the classroom |
|
|
instruction part of the handgun proficiency course described by |
|
|
Section 411.188. |
|
|
(c-3) Notwithstanding any other law, an applicant under |
|
|
this section who holds a certificate of proficiency under Section |
|
|
1701.357, Occupations Code, is not required to complete the range |
|
|
instruction part of the handgun proficiency course described by |
|
|
Section 411.188. |
|
|
(d) Notwithstanding any other provision of this subchapter, |
|
|
the department shall waive any fee required for the issuance of an |
|
|
original, duplicate, modified, or renewed license under this |
|
|
subchapter for an [An] applicant under this section [must pay a fee
|
|
|
of $25 for a license issued under this subchapter]. |
|
|
(f) A license issued to an applicant under this section |
|
|
expires as provided by Section 411.183. |
|
|
SECTION 3. Sections 411.1991(a), (b), (c), and (d), |
|
|
Government Code, are amended to read as follows: |
|
|
(a) A person who is licensed as a peace officer under |
|
|
Chapter 1701, Occupations Code, and employed as a peace officer by a |
|
|
law enforcement agency[, or who is a member of the Texas military
|
|
|
forces, excluding Texas State Guard members who are serving in the
|
|
|
Texas Legislature,] may apply for a license under this subchapter. |
|
|
(b) The department may issue a license under this subchapter |
|
|
to an applicant under this section if the applicant complies with |
|
|
Subsection (a-1) and meets all other requirements of this |
|
|
subchapter, except that the applicant is not required to complete |
|
|
the handgun proficiency course described by Section 411.188 [or
|
|
|
rules adopted under Subsection (a-2), as applicable]. |
|
|
(c) Notwithstanding any other provision of this subchapter, |
|
|
the department shall waive any fee required for the issuance of an |
|
|
original, duplicate, modified, or renewed license under this |
|
|
subchapter for an [An] applicant under this section [shall pay a fee
|
|
|
of $25 for a license issued under this subchapter]. |
|
|
(d) A license issued to an applicant under this section |
|
|
expires as provided by Section 411.183. |
|
|
SECTION 4. Section 411.1992, Government Code, is amended by |
|
|
amending Subsections (d) and (f) and adding Subsection (e-1) to |
|
|
read as follows: |
|
|
(d) Notwithstanding any other provision of this subchapter, |
|
|
the department shall waive any fee required for the issuance of an |
|
|
original, duplicate, modified, or renewed license under this |
|
|
subchapter for an [An] applicant under this section [must pay a fee
|
|
|
of $25 for a license issued under this subchapter]. |
|
|
(e-1) Notwithstanding any other law, an applicant under |
|
|
this section must meet all other requirements of this subchapter, |
|
|
except that the applicant is not required to complete the handgun |
|
|
proficiency course described by Section 411.188. |
|
|
(f) A license issued to an applicant under this section |
|
|
expires as provided by Section 411.183. |
|
|
SECTION 5. Subchapter H, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.1993 to read as follows: |
|
|
Sec. 411.1993. CERTAIN MEMBERS OF TEXAS MILITARY FORCES. |
|
|
(a) A person who is a member of the Texas military forces, other |
|
|
than a member of the Texas State Guard who is serving in the Texas |
|
|
Legislature, may apply for a license under this subchapter. |
|
|
(b) The department shall adopt rules regarding the |
|
|
information required to be included in an application submitted |
|
|
under this section. |
|
|
(c) The department may issue a license under this subchapter |
|
|
to an applicant under this section if the applicant complies with |
|
|
rules adopted under Subsection (b). |
|
|
(d) An applicant under this section shall pay a fee of $25 |
|
|
for a license issued under this subchapter. |
|
|
(e) A license issued to an applicant under this section |
|
|
expires as provided by Section 411.183. |
|
|
SECTION 6. Section 411.1991(a-2), Government Code, is |
|
|
repealed. |
|
|
SECTION 7. The change in law made by this Act applies only |
|
|
to an application that is made to obtain an original, duplicate, |
|
|
modified, or renewed license to carry a handgun and submitted on or |
|
|
after the effective date of this Act. An application described by |
|
|
this section that is submitted before the effective date of this Act |
|
|
is governed by the law in effect when the application was submitted, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2017. |