85R103 ADM-D     By: Burrows H.B. No. 339       A BILL TO BE ENTITLED   AN ACT   relating to the removal of a fee for the issuance of an original,   duplicate, modified, or renewed license to carry a handgun.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.0625(c), Government Code, is amended   to read as follows:          (c)  The department shall adopt rules to establish a   procedure by which a resident of the state may apply for and be   issued a Capitol access pass.  Rules adopted under this section   must include provisions for eligibility, application, approval,   issuance, and renewal that:                (1)  require the department to conduct the same   background check on an applicant for a Capitol access pass that is   conducted on an applicant for a license to carry a handgun under   Subchapter H;                (2)  enable the department to conduct the background   check described by Subdivision (1); and                (3)  establish application and renewal fees in amounts   sufficient to cover the cost of administering this section[, not to   exceed the amounts of similar fees required under Section 411.174   for a license to carry a handgun].          SECTION 2.  Section 411.173(a), Government Code, is amended   to read as follows:          (a)  The department by rule shall establish a procedure for a   person who meets the eligibility requirements of this subchapter   other than the residency requirement established by Section   411.172(a)(1) to obtain a license under this subchapter if the   person is a legal resident of another state or if the person   relocates to this state with the intent to establish residency in   this state. [The procedure must include payment of a fee in an   amount sufficient to recover the average cost to the department of   obtaining a criminal history record check and investigation on a   nonresident applicant.] A license issued in accordance with the   procedure established under this subsection:                (1)  remains in effect until the license expires under   Section 411.183; and                (2)  may be renewed under Section 411.185.          SECTION 3.  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   $140 paid to the department;                [(7)]  evidence of handgun proficiency, in the form and   manner required by the department;                (7) [(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                (8) [(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 4.  Section 411.179, Government Code, is amended by   amending Subsection (e) and adding Subsection (f) to read as   follows:          (e)  [In this subsection, "veteran" has the meaning assigned   by Section 411.1951.]  The department shall include the designation   "VETERAN" on the face of any original, duplicate, modified, or   renewed license under this subchapter or on the reverse side of the   license, as determined by the department, if the license is issued   to a veteran who:                (1)  requests the designation; and                (2)  provides proof sufficient to the department of the   veteran's military service and honorable discharge.          (f)  For purposes of Subsection (e), "veteran" means a person   who:                (1)  has served in:                      (A)  the army, navy, air force, coast guard, or   marine corps of the United States;                      (B)  the Texas military forces as defined by   Section 437.001; or                      (C)  an auxiliary service of one of those branches   of the armed forces; and                (2)  has been honorably discharged from the branch of   the service in which the person served.          SECTION 5.  Section 411.181(h), Government Code, is amended   to read as follows:          (h)  If a license holder is required under this section to   apply for a duplicate license and the license expires not later than   the 60th day after the date of the loss, theft, or destruction of   the license, the applicant may renew the license with the modified   information included on the new license. [The applicant must pay   only the nonrefundable renewal fee.]          SECTION 6.  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 as set by   the department;] and                (2) [(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 7.  Sections 411.186(a) and (c), Government Code,   are amended to read as follows:          (a)  The department shall revoke a license under this section   if the license holder:                (1)  was not entitled to the license at the time it was   issued;                (2)  made a material misrepresentation or failed to   disclose a material fact in an application submitted under this   subchapter;                (3)  subsequently becomes ineligible for a license   under Section 411.172, unless the sole basis for the ineligibility   is that the license holder is charged with the commission of a Class   A or Class B misdemeanor or equivalent offense, or of an offense   under Section 42.01, Penal Code, or equivalent offense, or of a   felony under an information or indictment;                (4)  is convicted of an offense under Section 46.035,   Penal Code; or                (5)  is determined by the department to have engaged in   conduct constituting a reason to suspend a license listed in   Section 411.187(a) after the person's license has been previously   suspended twice for the same reason[; or                [(6)     submits an application fee that is dishonored or   reversed if the applicant fails to submit a cashier's check or money   order made payable to the "Department of Public Safety of the State   of Texas" in the amount of the dishonored or reversed fee, plus $25,   within 30 days of being notified by the department that the fee was   dishonored or reversed].          (c)  A license holder whose license is revoked for a reason   listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a   new applicant for the issuance of a license under this subchapter   after the second anniversary of the date of the revocation if the   cause for revocation does not exist on the date of the second   anniversary.  If the cause for revocation exists on the date of the   second anniversary after the date of revocation, the license holder   may not apply for a new license until the cause for revocation no   longer exists and has not existed for a period of two years.          SECTION 8.  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 $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 9.  Sections 411.201(d) and (h), Government Code,   are 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 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                (5) [(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.          (h)  The department shall issue a license to carry a handgun   under the authority of this subchapter to an elected attorney   representing the state in the prosecution of felony cases who meets   the requirements of this section for an active judicial officer.     [The department shall waive any fee required for the issuance of an   original, duplicate, or renewed license under this subchapter for   an applicant who is an attorney elected or employed to represent the   state in the prosecution of felony cases.]          SECTION 10.  Section 118.011(b), Local Government Code, as   effective until September 1, 2019, is amended to read as follows:          (b)  The county clerk may set and collect the following fee   from any person:                (1)  Returned Check (Sec. 118.0215) . . . not less than   $15 or more than $30                (2)  Records Management and Preservation Fee (Sec.   118.0216)not more than $10                [(3)     Mental Health Background Check for License to   Carry a Handgun (Sec. 118.0217) not more than $2]          SECTION 11.  (a) Section 118.011(b), Local Government Code,   as effective September 1, 2019, is amended to read as follows:          (b)  The county clerk may set and collect the following fee   from any person:                (1)  Returned Check (Sec. 118.0215) . . . not less than   $15 or more than $30                (2)  Records Management and Preservation Fee (Sec.   118.0216)not more than $5                [(3)     Mental Health Background Check for License to   Carry a Handgun (Sec. 118.0217) not more than $2]          (b)  This section takes effect September 1, 2019.          SECTION 12.  The following provisions are repealed:                (1)  Sections 411.181(d) and (i), 411.186(d), 411.194,   411.195, 411.1951, 411.1952, 411.1953, 411.199(d), 411.1991(c),   and 411.1992(d), Government Code; and                (2)  Section 118.0217, Local Government Code.          SECTION 13.  The change in law made by this Act applies only   to an applicant for an original, duplicate, modified, 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 14.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2017.