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AN ACT
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relating to a license to carry a handgun for certain young adults |
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who are protected under certain court orders related to family |
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violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.172, Government Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) Notwithstanding Subsection (a)(2), a person who is at |
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least 18 years of age but not yet 21 years of age is eligible for a |
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license to carry a handgun if the person: |
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(1) is protected under: |
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(A) an active protective order issued under: |
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(i) Title 4, Family Code; or |
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(ii) Subchapter A, Chapter 7B, Code of |
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Criminal Procedure; or |
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(B) an active magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure; and |
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(2) meets the other eligibility requirements of |
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Subsection (a) except for the minimum age required by federal law to |
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purchase a handgun. |
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SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1735 to read as follows: |
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Sec. 411.1735. PROTECTIVE ORDER DESIGNATION. (a) |
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Notwithstanding any other provision of this subchapter, a person |
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who establishes eligibility for a license to carry a handgun under |
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Section 411.172(i) may only hold a license under this subchapter |
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that bears a protective order designation on the face of the |
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license. |
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(b) A person described by this section must submit a copy of |
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the applicable court order described by Section 411.172(i)(1) with |
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the application materials described by Section 411.174. The |
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person's application is not considered complete for purposes of |
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this subchapter unless the application includes the documentation |
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and materials required by this section. |
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(c) Notwithstanding Section 411.183, a license that bears a |
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protective order designation under this section expires on the |
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earlier of: |
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(1) the date on which the applicable court order |
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described by Section 411.172(i)(1) is rescinded or expires; or |
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(2) the 22nd birthday of the license holder. |
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(d) A holder of a license with a protective order |
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designation under this section who becomes 21 years of age may apply |
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for a license under this subchapter that does not bear the |
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designation by using the renewal procedure under Section 411.185, |
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regardless of whether the license that bears the designation has |
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expired or is about to expire. |
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(e) The director shall adopt rules establishing a process by |
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which the department periodically verifies a license holder's |
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eligibility for a license to carry a handgun under Section |
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411.172(i) if the license holder's license bears a protective order |
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designation under this section. The rules may specify different |
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intervals at which the department must verify the license holder's |
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eligibility based on the court order used to satisfy the |
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eligibility requirement described by Section 411.172(i)(1). |
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SECTION 3. Section 411.179(a), Government Code, is amended |
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to read as follows: |
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(a) The department by rule shall adopt the form of the |
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license. A license must include: |
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(1) a number assigned to the license holder by the |
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department; |
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(2) a statement of the period for which the license is |
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effective; |
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(3) a photograph of the license holder; |
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(4) the license holder's full name, date of birth, hair |
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and eye color, height, weight, and signature; |
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(5) the license holder's residence address or, as |
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provided by Subsection (d), the street address of the courthouse in |
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which the license holder or license holder's spouse serves as a |
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federal judge or the license holder serves as a state judge; |
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(6) the number of a driver's license or an |
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identification certificate issued to the license holder by the |
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department; [and] |
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(7) the designation "VETERAN" if required under |
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Subsection (e); and |
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(8) if applicable, a protective order designation |
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under Section 411.1735. |
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SECTION 4. Section 411.205, Government Code, is amended to |
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read as follows: |
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Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license |
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holder is carrying a handgun on or about the license holder's person |
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when a magistrate or a peace officer demands that the license holder |
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display identification, the license holder shall display: |
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(1) both the license holder's driver's license or |
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identification certificate issued by the department and the license |
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holder's handgun license; and |
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(2) if the license holder's handgun license bears a |
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protective order designation, a copy of the applicable court order |
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under which the license holder is protected. |
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SECTION 5. The changes in law made by this Act to Subchapter |
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H, Chapter 411, Government Code, apply only to a completed |
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application for a license to carry a handgun that is received by the |
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Department of Public Safety of the State of Texas on or after the |
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effective date of this Act. A completed application received |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was received, and the former law |
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is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 918 was passed by the House on April |
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15, 2021, by the following vote: Yeas 127, Nays 18, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 918 on May 18, 2021, by the following vote: Yeas 131, Nays 11, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 918 was passed by the Senate, with |
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amendments, on May 12, 2021, by the following vote: Yeas 18, Nays |
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12. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |