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A BILL TO BE ENTITLED
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AN ACT
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relating to a license to carry a handgun for a person who is at |
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increased risk of becoming a victim of violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.177, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1), |
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(b-2), and (b-3) to read as follows: |
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(b) Except as otherwise provided by Subsection (b-1), the |
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[The] department shall, not later than the 60th day after the date |
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of the receipt by the director's designee of the completed |
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application materials: |
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(1) issue the license; |
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(2) notify the applicant in writing that the |
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application was denied: |
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(A) on the grounds that the applicant failed to |
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qualify under the criteria listed in Section 411.172; |
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(B) based on the affidavit of the director's |
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designee submitted to the department under Section 411.176(c); or |
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(C) based on the affidavit of the qualified |
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handgun instructor submitted to the department under Section |
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411.188(k); or |
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(3) notify the applicant in writing that the |
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department is unable to make a determination regarding the issuance |
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or denial of a license to the applicant within the 60-day period |
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prescribed by this subsection and include in that notification an |
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explanation of the reason for the inability and an estimation of the |
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additional period [amount of time] the department will need to make |
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the determination. |
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(b-1) If the applicant submits with the completed |
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application materials an application for a designation under |
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Section 411.184, the department shall, without charging an |
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additional fee, expedite the application. Not later than the 10th |
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day after the receipt of the materials under this subsection, the |
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department shall: |
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(1) issue the license with the designation; or |
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(2) notify the applicant in writing that the applicant |
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is not eligible for the designation under Section 411.184 and the |
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application for the license will be processed in the regular course |
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of business. |
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(b-2) Notwithstanding Subsection (b-1), if the department |
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determines that the applicant is eligible for the designation under |
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Section 411.184 but is unable to quickly make a determination |
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regarding the issuance or denial of a license to the applicant, the |
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department shall provide written notice of that fact to the |
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applicant and shall include in that notice an explanation of the |
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reason for the inability and an estimation of the additional period |
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the department will need to make the determination. |
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(b-3) The director shall adopt policies for expedited |
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processing under Subsection (b-1). |
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(c) Failure of the department to issue or deny a license for |
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a period of more than 30 days after the department is required to |
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act under Subsection (b) constitutes denial, regardless of whether |
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the applicant was eligible for expedited processing of the |
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application under Subsection (b-1). |
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SECTION 2. 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) any at-risk designation for which the license |
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holder has established eligibility under Section 411.184. |
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SECTION 3. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.184 to read as follows: |
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Sec. 411.184. AT-RISK DESIGNATION. (a) The department |
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shall develop a procedure for persons who are at increased risk of |
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becoming a victim of violence to: |
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(1) obtain a handgun license on an expedited basis, if |
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the person is not already a license holder; and |
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(2) qualify for an at-risk designation on the license. |
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(b) A person is eligible for an at-risk designation under |
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this section if: |
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(1) the person is protected under, or a member of the |
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person's household or family is protected under: |
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(A) a temporary restraining order or temporary |
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injunction issued under Subchapter F, Chapter 6, Family Code; |
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(B) a temporary ex parte order issued under |
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Chapter 83, Family Code; |
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(C) a protective order issued under Chapter 85, |
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Family Code; |
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(D) a protective order issued under Chapter 7B, |
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Code of Criminal Procedure; or |
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(E) a magistrate's order for emergency |
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protection issued under Article 17.292, Code of Criminal Procedure; |
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or |
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(2) the person participates in the address |
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confidentiality program under Subchapter B, Chapter 58, Code of |
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Criminal Procedure. |
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(c) The director may adopt rules to accept alternative |
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documentation not described by Subsection (b) that shows that the |
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person is at increased risk of becoming a victim of violence. |
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(d) A person may receive an at-risk designation under this |
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section if the person submits to the department, in the form and |
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manner provided by the department: |
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(1) an application for the designation; |
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(2) evidence of the increased risk of becoming a |
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victim of violence, as provided by Subsection (b) or rules adopted |
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under Subsection (c); and |
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(3) any other information that the department may |
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require. |
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(e) A license holder may apply for the designation under |
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this section by making an application for a duplicate license. A |
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person who is not a license holder may apply for the designation |
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with the person's application for an original license to carry a |
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handgun. |
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(f) A person with a designation granted under this section |
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shall annually certify that the person continues to qualify for the |
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designation and shall submit to the department any information the |
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department requires to verify the person's continuing eligibility. |
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A person who no longer qualifies for the designation under this |
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section shall immediately notify the department. |
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(g) If based on the information received under Subsection |
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(f) the department determines that the person is no longer eligible |
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for a designation under this section, the department shall notify |
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the person and issue to the person a duplicate license without a |
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designation. |
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(h) On receipt of a duplicate license without a designation |
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under Subsection (g), the license holder shall return the license |
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with the designation to the department. |
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(i) The department may not charge a fee for issuing a |
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duplicate license with a designation under this section or for |
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issuing a duplicate license without a designation if the person no |
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longer qualifies for the designation. If a person applies for a |
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designation at the same time the person applies for an original |
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license under this subchapter, the department may charge only the |
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licensing fee. |
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SECTION 4. The public safety director of the Department of |
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Public Safety shall adopt the rules necessary to implement Section |
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411.184, Government Code, as added by this Act, not later than |
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December 1, 2021. |
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SECTION 5. (a) Section 411.177, Government Code, as |
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amended by this Act, applies only to an application for a license to |
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carry a handgun for which the completed application materials are |
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received by the Department of Public Safety on or after January 1, |
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2022. |
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(b) The Department of Public Safety may not accept an |
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application for or grant a designation under Section 411.184, |
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Government Code, as added by this Act, before January 1, 2022. |
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SECTION 6. This Act takes effect September 1, 2021. |
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