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A BILL TO BE ENTITLED
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AN ACT
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relating to a perpetual license to carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.171, Government Code, is amended by |
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adding Subdivisons (8), (9), and (10) to read as follows: |
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(8) "License" means a perpetual license or a renewable |
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license issued under this chapter. |
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(9) "Perpetual license" means a license that is issued |
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by the department and authorizes a person to carry a concealed |
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handgun and that is not subject to renewal. |
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(10) "Renewable license" means a license that is |
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issued by the department and authorizes a person to carry a |
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concealed handgun and that is subject to renewal. |
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SECTION 2. Section 411.173(a), Government Code, is amended |
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to read as follows: |
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(a) The department by rule shall establish a procedure for a |
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person who meets the eligibility requirements of this subchapter |
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other than the residency requirement established by Section |
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411.172(a)(1) to obtain a license under this subchapter if the |
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person is a legal resident of another state or if the person |
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relocates to this state with the intent to establish residency in |
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this state. The procedure must include payment of a fee in an |
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amount sufficient to recover the average cost to the department of |
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obtaining a criminal history record check and investigation on a |
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nonresident applicant. A renewable license issued in accordance |
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with the procedure established under this subsection[:
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[(1)] remains in effect until the license expires |
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under Section 411.183[;] and |
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[(2)] may be renewed under Section 411.185. A |
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perpetual license issued in accordance with the procedure |
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established under this subsection does not expire and is not |
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subject to renewal under Section 411.185. |
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SECTION 3. 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 concealed handgun |
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must submit to the director's designee described by Section |
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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) two recent color passport photographs of the |
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applicant, except that an applicant who is younger than 21 years of |
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age must submit two recent color passport photographs in profile of |
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the applicant; |
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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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$140] paid to the department of: |
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(A) $140 for a renewable license; or |
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(B) $300 for a perpetual license; |
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(7) a handgun proficiency certificate described by |
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Section 411.189; |
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(8) an affidavit signed by the applicant stating that |
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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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(9) a form executed by the applicant that authorizes |
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the director to make an inquiry into any noncriminal history |
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records that are necessary to determine the applicant's eligibility |
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for a license under Section 411.172(a). |
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SECTION 4. Section 411.183, Government Code, is amended to |
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read as follows: |
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Sec. 411.183. EXPIRATION OF RENEWABLE LICENSE. (a) A |
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renewable license issued under this subchapter expires on the first |
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birthday of the license holder occurring after the fourth |
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anniversary of the date of issuance. |
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(b) A renewable [renewed] license renewed under this |
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section expires on the license holder's birthdate, five years after |
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the date of the expiration of the previous license. |
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(c) A duplicate renewable license expires on the date the |
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renewable license that was duplicated would have expired. |
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(d) A modified renewable license expires on the date the |
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renewable license that was modified would have expired. |
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(e) A perpetual license does not expire and is not subject |
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to renewal under this section. |
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SECTION 5. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1845 to read as follows: |
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Sec. 411.1845. CONVERSION TO PERPETUAL LICENSE. (a) A |
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person who holds an unexpired renewable license may convert the |
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renewable license to a perpetual license by submitting to the |
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department: |
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(1) an application for a conversion to a perpetual |
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license; and |
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(2) payment of a $160 fee. |
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(b) Notwithstanding Subsection (a), if on January 1, 2010, a |
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person holds an unexpired renewable license issued under this |
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subchapter, the person may convert that license to a perpetual |
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license before the expiration date of the person's renewable |
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license by submitting to the department: |
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(1) an application for a conversion to a perpetual |
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license; and |
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(2) payment of a $50 fee. |
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(c) The director by rule shall adopt a form for the |
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application for conversion. A form adopted under this subsection |
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must require an update of the information in the person's most |
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recent completed application for a license. |
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(d) On receipt of a perpetual license under this section, |
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the license holder shall return the previously issued renewable |
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license to the department. |
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(e) A license holder whose application fee for a license |
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conversion under this section is dishonored or reversed may reapply |
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for a license conversion at any time, provided the application fee |
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and a dishonored payment charge of $25 is paid by cashier's check or |
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money order made payable to the "Texas Department of Public |
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Safety." |
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SECTION 6. Section 411.185, Government Code, is amended to |
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read as follows: |
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Sec. 411.185. RENEWAL OF RENEWABLE LICENSE. (a) To renew |
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a renewable license, a [license] holder of that license must: |
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(1) complete a continuing education course in handgun |
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proficiency under Section 411.188(c) within the six-month period |
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preceding: |
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(A) the date of application for renewal, for a |
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first or second renewal; and |
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(B) the date of application for renewal or the |
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date of application for the preceding renewal, for a third or |
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subsequent renewal, to ensure that the license holder is not |
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required to complete the course more than once in any 10-year |
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period; |
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(2) obtain a handgun proficiency certificate under |
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Section 411.189 within the six-month period preceding: |
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(A) the date of application for renewal, for a |
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first or second renewal; and |
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(B) the date of application for renewal or the |
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date of application for the preceding renewal, for a third or |
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subsequent renewal, to ensure that the license holder is not |
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required to obtain the certificate more than once in any 10-year |
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period; and |
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(3) submit to the department: |
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(A) an application for renewal on a form provided |
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by the department; |
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(B) a copy of the handgun proficiency |
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certificate; |
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(C) payment of a nonrefundable renewal fee as set |
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by the department; and |
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(D) two recent color passport photographs of the |
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applicant. |
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(b) The director by rule shall adopt a renewal application |
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form requiring an update of the information on the original |
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completed application. The director by rule shall set the renewal |
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fee in an amount that is sufficient to cover the actual cost to the |
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department to renew a renewable license. Not later than the 60th |
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day before the expiration date of the renewable license, the |
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department shall mail to each [license] holder of a renewable |
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license a written notice of the expiration of the renewable license |
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and a renewal form. |
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(c) The department shall renew the license of a [license] |
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holder of a renewable license who meets all the eligibility |
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requirements and submits all the renewal materials. Not later than |
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the 45th day after receipt of the renewal materials, the department |
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shall issue the renewal or notify the license holder in writing that |
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the renewal application was denied. |
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(d) The director by rule shall adopt a procedure by which a |
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[license] holder of a renewable license who satisfies the |
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eligibility criteria may renew a license by mail. The materials for |
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renewal by mail must include a form to be signed and returned to the |
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department by the applicant that describes state law regarding: |
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(1) the use of deadly force; and |
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(2) the places where it is unlawful for the holder of a |
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license issued under this subchapter to carry a concealed handgun. |
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SECTION 7. Sections 411.188(c), (d), and (g), Government |
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Code, are amended to read as follows: |
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(c) The department by rule shall develop a continuing |
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education course in handgun proficiency for a [license] holder of a |
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renewable license who wishes to renew a renewable license. Only a |
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qualified handgun instructor may administer the continuing |
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education course. The course must include: |
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(1) at least four hours of instruction on one or more |
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of the subjects listed in Subsection (b); and |
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(2) other information the director determines is |
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appropriate. |
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(d) Only a qualified handgun instructor may administer the |
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proficiency examination to obtain a license or to renew a renewable |
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license. The proficiency examination must include: |
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(1) a written section on the subjects listed in |
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Subsection (b); and |
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(2) a physical demonstration of proficiency in the use |
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of one or more handguns of specific categories and in handgun safety |
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procedures. |
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(g) A person who wishes to obtain a license or renew a |
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renewable license to carry a concealed handgun must apply in person |
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to a qualified handgun instructor to take the appropriate course in |
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handgun proficiency, demonstrate handgun proficiency, and obtain a |
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handgun proficiency certificate as described by Section 411.189. |
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SECTION 8. Section 411.1881(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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a person may not be required to complete the range instruction |
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portion of a handgun proficiency course to obtain a license or renew |
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a renewable [concealed handgun] license issued under this |
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subchapter if the person: |
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(1) is currently serving in or is honorably discharged |
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from: |
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(A) the army, navy, air force, coast guard, or |
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marine corps of the United States or an auxiliary service or reserve |
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unit of one of those branches of the armed forces; or |
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(B) the state military forces, as defined by |
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Section 431.001; and |
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(2) has, within the five years preceding the date of |
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the person's application for an original or renewed license, as |
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applicable, completed a course of training in handgun proficiency |
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or familiarization as part of the person's service with the armed |
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forces or state military forces. |
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SECTION 9. Sections 411.1882(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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a person may not be required to submit to the department a handgun |
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proficiency certificate to obtain a license or renew a renewable |
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[concealed handgun] license issued under this subchapter if: |
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(1) the person is currently serving in this state as: |
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(A) a judge or justice of a federal court; |
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(B) an active judicial officer, as defined by |
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Section 411.201, Government Code; or |
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(C) a district attorney, assistant district |
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attorney, criminal district attorney, assistant criminal district |
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attorney, county attorney, or assistant county attorney; and |
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(2) a handgun proficiency instructor approved by the |
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Commission on Law Enforcement Officer Standards and Education for |
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purposes of Section 1702.1675, Occupations Code, makes a sworn |
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statement indicating that the person demonstrated proficiency to |
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the instructor in the use of handguns during the 12-month period |
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preceding the date of the person's application to the department |
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and designating the types of handguns with which the person |
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demonstrated proficiency. |
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(c) A renewable license issued under this section |
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automatically expires on the six-month anniversary of the date the |
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person's status under Subsection (a) becomes inapplicable. A |
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renewable license that expires under this subsection may be renewed |
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under Section 411.185. |
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SECTION 10. The heading to Section 411.194, Government |
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Code, is amended to read as follows: |
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Sec. 411.194. REDUCTION OF RENEWABLE LICENSE FEES DUE TO |
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INDIGENCY. |
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SECTION 11. Section 411.194(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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the department shall reduce by 50 percent any fee required for the |
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issuance of an original renewable license, duplicate renewable |
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license, modified renewable license, or renewed renewable license |
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under this subchapter if the department determines that the |
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applicant for the renewable license is indigent. The department |
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may not reduce any fee required for the issuance of an original |
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perpetual license, duplicate perpetual license, or modified |
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perpetual license. |
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SECTION 12. Section 411.195, Government Code, is amended to |
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read as follows: |
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Sec. 411.195. REDUCTION OF RENEWABLE LICENSE FEES FOR |
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SENIOR CITIZENS. Notwithstanding any other provision of this |
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subchapter, the department shall reduce by 50 percent any fee |
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required for the issuance of an original renewable license, |
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duplicate renewable license, modified renewable license, or |
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renewed renewable license under this subchapter if the applicant |
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for the renewable license is 60 years of age or older. The |
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department may not reduce any fee required for the issuance of an |
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original perpetual license, duplicate perpetual license, or |
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modified perpetual license. |
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SECTION 13. The heading to Section 411.1951, Government |
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Code, is amended to read as follows: |
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Sec. 411.1951. WAIVER OR REDUCTION OF RENEWABLE LICENSE |
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FEES FOR MEMBERS OR VETERANS OF UNITED STATES ARMED FORCES. |
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SECTION 14. Section 411.1951, Government Code, is amended |
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by amending Subsections (b) and (c) and adding Subsection (d) to |
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read as follows: |
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(b) Notwithstanding any other provision of this subchapter, |
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the department shall waive any fee required for the issuance of an |
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original renewable license, duplicate renewable license, modified |
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renewable license, or renewed renewable license under this |
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subchapter if the applicant for the renewable license is: |
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(1) a member of the United States armed forces, |
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including a member of the reserves, national guard, or state guard; |
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or |
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(2) a veteran who, within 365 days preceding the date |
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of the application, was honorably discharged from the branch of |
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service in which the person served. |
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(c) Notwithstanding any other provision of this subchapter, |
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the department shall reduce by 50 percent any fee required for the |
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issuance of an original renewable license, duplicate renewable |
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license, modified renewable license, or renewed renewable license |
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under this subchapter if the applicant for the renewable license is |
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a veteran who, more than 365 days preceding the date of the |
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application, was honorably discharged from the branch of the |
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service in which the person served. |
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(d) The department may not waive or reduce any fee required |
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for an original perpetual license, duplicate perpetual license, or |
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modified perpetual license. |
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SECTION 15. Sections 411.199(d), (e), and (f), Government |
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Code, are amended to read as follows: |
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(d) An applicant under this section must pay a fee of $25 for |
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a renewable license or $100 for a perpetual license issued under |
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this subchapter. |
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(e) A retired peace officer who obtains a renewable license |
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under this subchapter must maintain, for the category of weapon |
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licensed, the proficiency required for a peace officer under |
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Section 415.035. The department or a local law enforcement agency |
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shall allow a retired peace officer of the department or agency an |
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opportunity to annually demonstrate the required proficiency. The |
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proficiency shall be reported to the department on application and |
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renewal of a renewable license. |
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(f) A renewable license issued under this section expires as |
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provided by Section 411.183. A perpetual license issued under this |
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section does not expire. |
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SECTION 16. Sections 411.1991(c) and (d), Government Code, |
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are amended to read as follows: |
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(c) An applicant under this section shall pay a fee of $25 |
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for a renewable license or $100 for a perpetual license issued under |
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this subchapter. |
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(d) A renewable license issued under this section expires as |
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provided by Section 411.183. A perpetual license issued under this |
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section does not expire. |
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SECTION 17. Sections 411.201(g) and (h), Government Code, |
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are amended to read as follows: |
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(g) A renewable license issued under this section expires as |
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provided by Section 411.183 and, except as otherwise provided by |
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this subsection, may be renewed in accordance with Section 411.185 |
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of this subchapter. A perpetual license issued under this section |
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does not expire and is not subject to renewal. An active judicial |
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officer is not required to attend the classroom instruction part of |
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the continuing education proficiency course to renew a renewable |
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license. |
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(h) The department shall issue a license to carry a |
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concealed handgun under the authority of this subchapter to an |
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elected attorney representing the state in the prosecution of |
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felony cases who meets the requirements of this section for an |
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active judicial officer. The department shall waive any fee |
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required for the issuance of an original renewable license, |
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duplicate renewable license, or renewed renewable license under |
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this subchapter for an applicant who is an attorney elected or |
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employed to represent the state in the prosecution of felony cases. |
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The department may not waive any fee required for the issuance of an |
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original perpetual license or duplicate perpetual license. |
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SECTION 18. (a) The Department of Public Safety shall adopt |
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rules required by the change in law made by this Act regarding |
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perpetual concealed handgun licenses not later than December 1, |
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2009. |
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(b) The Department of Public Safety shall issue perpetual |
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licenses, including conversions to perpetual licenses, as provided |
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by this Act, beginning January 1, 2010. |
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SECTION 19. The change in law made by this Act applies only |
|
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to a concealed handgun license issued or renewed on or after January |
|
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1, 2010. A concealed handgun license issued or renewed before |
|
|
January 1, 2010, is covered by the law in effect when that license |
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was issued or renewed, and the former law is continued in effect for |
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that purpose. |
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SECTION 20. This Act takes effect September 1, 2009. |