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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for and the revocation of a license to carry |
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a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.186(a), Government Code, is amended |
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to read as follows: |
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(a) The department shall revoke a license under this section |
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if the license holder: |
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(1) was not entitled to the license at the time it was |
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issued; |
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(2) made a material misrepresentation or failed to |
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disclose a material fact in an application submitted under this |
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subchapter; |
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(3) subsequently becomes ineligible for a license |
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under Section 411.172, unless the sole basis for the ineligibility |
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is that the license holder is charged with the commission of a Class |
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A or Class B misdemeanor or equivalent offense, or of an offense |
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under Section 42.01, Penal Code, or equivalent offense, or of a |
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felony under an information or indictment; |
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(4) is convicted of an offense under Section 46.035, |
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Penal Code; |
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(5) is determined by the department to have engaged in |
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conduct constituting a reason to suspend a license listed in |
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Section 411.187(a) after the person's license has been previously |
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suspended twice for the same reason; [or] |
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(6) submits an application fee that is dishonored or |
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reversed if the applicant fails to submit a cashier's check or money |
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order made payable to the "Department of Public Safety of the State |
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of Texas" in the amount of the dishonored or reversed fee, plus $25, |
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within 30 days of being notified by the department that the fee was |
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dishonored or reversed; or |
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(7) holds a license issued as described by Section |
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411.1991(b) and the Texas Commission on Law Enforcement notifies |
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the department that the peace officer's license under Chapter 1701, |
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Occupations Code, has been revoked or suspended. |
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SECTION 2. The heading to Section 411.1882, Government |
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Code, is amended to read as follows: |
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Sec. 411.1882. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN |
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COURT PERSONNEL AND SUPERVISION OFFICERS [PERSONS]. |
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SECTION 3. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.189 to read as follows: |
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Sec. 411.189. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN |
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PERSONS EMPLOYED BY STATE OR POLITICAL SUBDIVISION OF STATE. (a) |
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This section applies only to a person, other than a person described |
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by Section 411.1882 or a peace officer described by Section |
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411.1991(a), who is employed by this state or a political |
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subdivision of this state in a position that requires the person to |
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obtain instruction on the use of handguns from a handgun |
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proficiency instructor approved by the Texas Commission on Law |
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Enforcement. |
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(b) A person described by Subsection (a) may establish |
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handgun proficiency for the purposes of this subchapter by |
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obtaining from the instructor a sworn statement that indicates that |
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the person, during the 12-month period preceding the date of the |
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person's application to the department, demonstrated to the |
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instructor proficiency in the use of handguns. |
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(c) The director by rule shall adopt a procedure by which a |
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person described by Subsection (b) may submit a form demonstrating |
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the person's qualification for an exemption under that subsection. |
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The form must provide sufficient information to allow the |
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department to verify whether the person qualifies for the |
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exemption. |
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(d) A license issued under this section automatically |
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expires on the six-month anniversary of the date the person's |
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status under Subsection (a) becomes inapplicable. A license that |
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expires under this subsection may be renewed under Section 411.185. |
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SECTION 4. Section 411.1991, Government Code, is amended by |
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amending Subsections (a), (a-1), (b), and (c) and adding Subsection |
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(e) to read as follows: |
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(a) A person who is licensed as a peace officer under |
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Chapter 1701, Occupations Code, [and employed as a peace officer by
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a law enforcement agency,] or who is a member of the Texas military |
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forces, excluding Texas State Guard members who are serving in the |
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Texas Legislature, may apply for a license under this subchapter. |
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(a-1) An applicant who is licensed as a peace officer under |
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Chapter 1701, Occupations Code, shall submit to the department: |
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(1) the name [and rank] of the applicant; and |
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(2) a current copy of the applicant's peace officer |
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license [and evidence of employment as a peace officer]. |
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(b) The department shall [may] issue a license under this |
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subchapter to an applicant under this section who is a licensed |
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peace officer if the applicant complies with Subsection (a-1) and |
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meets all other requirements of this subchapter. The department |
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shall waive any fee required for the issuance of an original, |
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duplicate, modified, or renewed license to the applicant. |
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(c) The department may issue a license under this subchapter |
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to an applicant under this section who is a member of the Texas |
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military forces if the applicant complies with [or] rules adopted |
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under Subsection (a-2)[, as applicable]. The [(c) An] applicant |
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[under this section] shall pay a fee of $25 for a license issued |
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under this subchapter. |
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(e) If otherwise eligible for a license under this |
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subchapter, a peace officer whose handgun license is revoked under |
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Section 411.186(a)(7) may apply, without status as a peace officer, |
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for a new handgun license under Section 411.174. |
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SECTION 5. Section 1701.501, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) If the commission becomes aware of an offense committed |
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by a license holder or revokes or suspends a license under this |
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subchapter, the commission shall immediately notify the Department |
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of Public Safety of the license holder's offense or of the |
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revocation or suspension, as applicable. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies only to an |
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application to obtain a license to carry a handgun submitted on or |
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after the effective date of this Act. An application submitted |
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before the effective date of this Act is governed by the law in |
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effect when the application was submitted, and the former law is |
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continued in effect for that purpose. |
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(b) Section 1701.501, Occupations Code, as amended by this |
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Act, applies only to a revocation or suspension of a license by the |
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Texas Commission on Law Enforcement on or after the effective date |
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of this Act. |
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SECTION 7. This Act takes effect September 1, 2017. |