86R5074 JSC-D
	By: Guillen	H.B. No. 2949

	A BILL TO BE ENTITLED
	AN ACT
	relating to a license to carry a handgun for a person who is at
	increased risk of becoming a victim of violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.177, Government Code, is amended by
	amending Subsections (b) and (c) and adding Subsections (b-1),
	(b-2), and (b-3) to read as follows:
	(b)  Except as otherwise provided by Subsection (b-1),
	the [The] department shall, not later than the 60th day after the
	date of the receipt by the director's designee of the completed
	application materials:
	(1)  issue the license;
	(2)  notify the applicant in writing that the
	application was denied:
	(A)  on the grounds that the applicant failed to
	qualify under the criteria listed in Section 411.172;
	(B)  based on the affidavit of the director's
	designee submitted to the department under Section 411.176(c); or
	(C)  based on the affidavit of the qualified
	handgun instructor submitted to the department under Section
	411.188(k); or
	(3)  notify the applicant in writing that the
	department is unable to make a determination regarding the issuance
	or denial of a license to the applicant within the 60-day period
	prescribed by this subsection and include in that notification an
	explanation of the reason for the inability and an estimation of the
	additional period [amount of time] the department will need to make
	the determination.
	(b-1)  If the applicant submits with the completed
	application materials an application for a designation under
	Section 411.184, the department shall, without charging an
	additional fee, expedite the application. Not later than the 10th
	day after the receipt of the materials under this subsection, the
	department shall:
	(1)  issue the license with the designation; or
	(2)  notify the applicant in writing that the applicant
	is not eligible for the designation under Section 411.184 and the
	application for the license will be processed in the regular course
	of business.
	(b-2)  Notwithstanding Subsection (b-1), if the department
	determines that the applicant is eligible for the designation under
	Section 411.184 but is unable to quickly make a determination
	regarding the issuance or denial of a license to the applicant, the
	department shall provide written notice of that fact to the
	applicant and shall include in that notice an explanation of the
	reason for the inability and an estimation of the additional period
	the department will need to make the determination.
	(b-3)  The director shall adopt policies for expedited
	processing under Subsection (b-1).
	(c)  Failure of the department to issue or deny a license for
	a period of more than 30 days after the department is required to
	act under Subsection (b) constitutes denial, regardless of whether
	the applicant was eligible for expedited processing of the
	application under Subsection (b-1).
	SECTION 2.  Section 411.179(a), Government Code, is amended
	to read as follows:
	(a)  The department by rule shall adopt the form of the
	license.  A license must include:
	(1)  a number assigned to the license holder by the
	department;
	(2)  a statement of the period for which the license is
	effective;
	(3)  a color photograph of the license holder;
	(4)  the license holder's full name, date of birth, hair
	and eye color, height, weight, and signature;
	(5)  the license holder's residence address or, as
	provided by Subsection (d), the street address of the courthouse in
	which the license holder or license holder's spouse serves as a
	federal judge or the license holder serves as a state judge;
	(6)  the number of a driver's license or an
	identification certificate issued to the license holder by the
	department; [and]
	(7)  the designation "VETERAN" if required under
	Subsection (e); and
	(8)  any at-risk designation for which the license
	holder has established eligibility under Section 411.184.
	SECTION 3.  Subchapter H, Chapter 411, Government Code, is
	amended by adding Section 411.184 to read as follows:
	Sec. 411.184.  AT-RISK DESIGNATION. (a)  The department
	shall develop a procedure for persons who are at increased risk of
	becoming a victim of violence to:
	(1)  obtain a handgun license on an expedited basis, if
	the person is not already a license holder; and
	(2)  qualify for an at-risk designation on the license.
	(b)  A person is eligible for an at-risk designation under
	this section if:
	(1)  the person is protected under, or a member of the
	person's household or family is protected under:
	(A)  a temporary restraining order or temporary
	injunction issued under Subchapter F, Chapter 6, Family Code;
	(B)  a temporary ex parte order issued under
	Chapter 83, Family Code;
	(C)  a protective order issued under Chapter 85,
	Family Code;
	(D)  a protective order issued under Article 6.08
	or 6.09, Code of Criminal Procedure, or Chapter 7A of that code; or
	(E)  a magistrate's order for emergency
	protection issued under Article 17.292, Code of Criminal Procedure;
	or
	(2)  the person participates in the address
	confidentiality program under Subchapter C, Chapter 56, Code of
	Criminal Procedure.
	(c)  The director may adopt rules to accept alternative
	documentation not described by Subsection (b) that shows that the
	person is at increased risk of becoming a victim of violence.
	(d)  A person may receive an at-risk designation under this
	section if the person submits to the department, in the form and
	manner provided by the department:
	(1)  an application for the designation;
	(2)  evidence of the increased risk of becoming a
	victim of violence, as provided by Subsection (b) or rules adopted
	under Subsection (c); and
	(3)  any other information that the department may
	require.
	(e)  A license holder may apply for the designation under
	this section by making an application for a duplicate license. A
	person who is not a license holder may apply for the designation
	with the person's application for an original license to carry a
	handgun.
	(f)  A person with a designation granted under this section
	shall annually certify that the person continues to qualify for the
	designation and shall submit to the department any information the
	department requires to verify the person's continuing eligibility.
	A person who no longer qualifies for the designation under this
	section shall immediately notify the department.
	(g)  If based on the information received under Subsection
	(f) the department determines that the person is no longer eligible
	for a designation under this section, the department shall notify
	the person and issue to the person a duplicate license without a
	designation.
	(h)  On receipt of a duplicate license without a designation
	under Subsection (g), the license holder shall return the license
	with the designation to the department.
	(i)  The department may not charge a fee for issuing a
	duplicate license with a designation under this section or for
	issuing a duplicate license without a designation if the person no
	longer qualifies for the designation. If a person applies for a
	designation at the same time the person applies for an original
	license under this subchapter, the department may charge only the
	licensing fee.
	SECTION 4.  Section 46.035, Penal Code, is amended by adding
	Subsection (n) to read as follows:
	(n)  It is a defense to prosecution under Subsections (b)(1),
	(2), (4), (5), and (6) and (c) that at the time of the commission of
	the offense the actor was carrying a handgun and held a license
	issued under Subchapter H, Chapter 411, Government Code, bearing an
	at-risk designation under Section 411.184 of that code.
	SECTION 5.  Section 46.15(a), Penal Code, is amended to read
	as follows:
	(a)  Sections 46.02 and 46.03 do not apply to:
	(1)  peace officers or special investigators under
	Article 2.122, Code of Criminal Procedure, and neither section
	prohibits a peace officer or special investigator from carrying a
	weapon in this state, including in an establishment in this state
	serving the public, regardless of whether the peace officer or
	special investigator is engaged in the actual discharge of the
	officer's or investigator's duties while carrying the weapon;
	(2)  parole officers and neither section prohibits an
	officer from carrying a weapon in this state if the officer is:
	(A)  engaged in the actual discharge of the
	officer's duties while carrying the weapon; and
	(B)  in compliance with policies and procedures
	adopted by the Texas Department of Criminal Justice regarding the
	possession of a weapon by an officer while on duty;
	(3)  community supervision and corrections department
	officers appointed or employed under Section 76.004, Government
	Code, and neither section prohibits an officer from carrying a
	weapon in this state if the officer is:
	(A)  engaged in the actual discharge of the
	officer's duties while carrying the weapon; and
	(B)  authorized to carry a weapon under Section
	76.0051, Government Code;
	(4)  an active judicial officer as defined by Section
	411.201, Government Code, who is licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code;
	(5)  an honorably retired peace officer, qualified
	retired law enforcement officer, federal criminal investigator, or
	former reserve law enforcement officer who holds a certificate of
	proficiency issued under Section 1701.357, Occupations Code, and is
	carrying a photo identification that is issued by a federal, state,
	or local law enforcement agency, as applicable, and that verifies
	that the officer is:
	(A)  an honorably retired peace officer;
	(B)  a qualified retired law enforcement officer;
	(C)  a federal criminal investigator; or
	(D)  a former reserve law enforcement officer who
	has served in that capacity not less than a total of 15 years with
	one or more state or local law enforcement agencies;
	(6)  the attorney general or a United States attorney,
	district attorney, criminal district attorney, county attorney, or
	municipal attorney who is licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code;
	(7)  an assistant United States attorney, assistant
	attorney general, assistant district attorney, assistant criminal
	district attorney, or assistant county attorney who is licensed to
	carry a handgun under Subchapter H, Chapter 411, Government Code;
	(8)  a bailiff designated by an active judicial officer
	as defined by Section 411.201, Government Code, who is:
	(A)  licensed to carry a handgun under Subchapter
	H, Chapter 411, Government Code; and
	(B)  engaged in escorting the judicial officer;
	(9)  a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code; [or]
	(10)  a person who is volunteer emergency services
	personnel if the person is:
	(A)  carrying a handgun under the authority of
	Subchapter H, Chapter 411, Government Code; and
	(B)  engaged in providing emergency services; or
	(11)  a person who is carrying a handgun and holds a
	license to carry a handgun issued under Subchapter H, Chapter 411,
	Government Code, that bears an at-risk designation under Section
	411.184 of that code.
	SECTION 6.  The public safety director of the Department of
	Public Safety shall adopt the rules necessary to implement Section
	411.184, Government Code, as added by this Act, not later than
	December 1, 2019.
	SECTION 7.  (a)  Section 411.177, Government Code, as
	amended by this Act, applies only to an application for a license to
	carry a handgun for which the completed application materials are
	received by the Department of Public Safety on or after January 1,
	2020.
	(b)  The Department of Public Safety may not accept an
	application for or grant a designation under Section 411.184,
	Government Code, as added by this Act, before January 1, 2020.
	SECTION 8.  The change in law made by this Act in amending
	Sections 46.035 and 46.15, Penal Code, applies only to an offense
	committed on or after January 1, 2020.  An offense committed before
	January 1, 2020, is governed by the law in effect on the date the
	offense was committed, and the former law is continued in effect for
	that purpose.  For purposes of this section, an offense was
	committed before January 1, 2020, if any element of the offense
	occurred before that date.
	SECTION 9.  This Act takes effect September 1, 2019.