Bill Text: TX SB16 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to decreasing the fee for the issuance of an original or renewed license to carry a handgun.

Spectrum: Partisan Bill (Republican 60-1)

Status: (Passed) 2017-05-26 - Effective on 9/1/17 [SB16 Detail]

Download: Texas-2017-SB16-Enrolled.html

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S.B. No. 16

AN ACT
relating to decreasing the fee for the issuance of an original or
renewed license to carry a handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.174(a), Government Code, is amended
to read as follows:
(a) An applicant for a license to carry a handgun must
submit to the director's designee described by Section 411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) a certified copy of the applicant's birth
certificate or certified proof of age;
(4) proof of residency in this state;
(5) two complete sets of legible and classifiable
fingerprints of the applicant taken by a person appropriately
trained in recording fingerprints who is employed by a law
enforcement agency or by a private entity designated by a law
enforcement agency as an entity qualified to take fingerprints of
an applicant for a license under this subchapter;
(6) a nonrefundable application and license fee of $40
[$140] paid to the department;
(7) evidence of handgun proficiency, in the form and
manner required by the department;
(8) an affidavit signed by the applicant stating that
the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; and
(9) a form executed by the applicant that authorizes
the director to make an inquiry into any noncriminal history
records that are necessary to determine the applicant's eligibility
for a license under Section 411.172(a).
SECTION 2. Sections 411.185(a) and (b), Government Code,
are amended to read as follows:
(a) To renew a license, a license holder must, on or before
the date the license expires, submit to the department by mail or,
in accordance with the procedure adopted under Subsection (f), on
the Internet:
(1) a renewal application on a form provided by the
department;
(2) payment of a nonrefundable renewal fee of $40 [as
set by the department]; and
(3) the informational form described by Subsection (c)
signed or electronically acknowledged by the applicant.
(b) The director by rule shall adopt a renewal application
form requiring an update of the information on the original
completed application. [The director by rule shall set the renewal
fee in an amount that is sufficient to cover the actual cost to the
department to:
[(1) verify the information contained in the renewal
application form;
[(2) conduct any necessary investigation concerning
the license holder's continued eligibility to hold a license; and
[(3) issue the renewed license.]
SECTION 3. Section 411.190(c), Government Code, is amended
to read as follows:
(c) In the manner applicable to a person who applies for a
license to carry a handgun, the department shall conduct a
background check of a person who applies for certification as a
qualified handgun instructor. If the background check indicates
that the applicant for certification would not qualify to receive a
handgun license, the department may not certify the applicant as a
qualified handgun instructor. If the background check indicates
that the applicant for certification would qualify to receive a
handgun license, the department shall provide handgun instructor
training to the applicant. The applicant shall pay a fee of $100 to
the department for the training. The applicant must take and
successfully complete the training offered by the department and
pay the training fee before the department may certify the
applicant as a qualified handgun instructor. The department shall
issue a license to carry a handgun under the authority of this
subchapter to any person who is certified as a qualified handgun
instructor and who pays to the department a fee of $40 [$100] in
addition to the training fee. The department by rule may prorate or
waive the training fee for an employee of another governmental
entity.
SECTION 4. The heading to Section 411.194, Government Code,
is amended to read as follows:
Sec. 411.194. REDUCTION OF CERTAIN FEES DUE TO INDIGENCY.
SECTION 5. Section 411.194(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
if the department determines that an applicant is indigent, the
department shall reduce by:
(1) 50 percent any fee required for the issuance of a
[an original,] duplicate or[,] modified[, or renewed] license under
this subchapter; and
(2) $5 any fee required for the issuance of a renewed
license under this subchapter [if the department determines that
the applicant is indigent].
SECTION 6. Section 411.195, Government Code, is amended to
read as follows:
Sec. 411.195. REDUCTION OF CERTAIN FEES FOR SENIOR
CITIZENS. Notwithstanding any other provision of this subchapter,
if an applicant for the license is 60 years of age or older, the
department shall reduce by:
(1) 50 percent any fee required for the issuance of a
[an original,] duplicate or[,] modified[, or renewed] license under
this subchapter; and
(2) $5 any fee required for the issuance of a renewed
license under this subchapter [if the applicant for the license is
60 years of age or older].
SECTION 7. Section 411.1991(c), Government Code, is amended
to read as follows:
(c) The department shall waive any fee required [An
applicant under this section shall pay a fee of $25] for a license
issued under this subchapter to an applicant under this section.
SECTION 8. Section 411.201(d), Government Code, is amended
to read as follows:
(d) An applicant for a license who is an active or retired
judicial officer must submit to the department:
(1) a completed application, including all required
affidavits, on a form prescribed by the department;
(2) one or more photographs of the applicant that meet
the requirements of the department;
(3) two complete sets of legible and classifiable
fingerprints of the applicant, including one set taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints;
(4) evidence of handgun proficiency, in the form and
manner required by the department for an applicant under this
section;
(5) a nonrefundable application and license fee of $25
[set by the department in an amount reasonably designed to cover the
administrative costs associated with issuance of a license to carry
a handgun under this subchapter]; and
(6) if the applicant is a retired judicial officer, a
form executed by the applicant that authorizes the department to
make an inquiry into any noncriminal history records that are
necessary to determine the applicant's eligibility for a license
under this subchapter.
SECTION 9. The change in law made by this Act applies only
to an applicant for an original or renewed license to carry a
handgun under Subchapter H, Chapter 411, Government Code, as
amended by this Act, who submits the application on or after the
effective date of this Act.
SECTION 10. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 16 passed the Senate on
March 27, 2017, by the following vote: Yeas 26, Nays 5; and that
the Senate concurred in House amendment on May 11, 2017, by the
following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 16 passed the House, with
amendment, on May 3, 2017, by the following vote: Yeas 129,
Nays 17, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor