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