85R7213 JSC-D     By: Burns H.B. No. 3801       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility requirements for a license to carry a   handgun.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 28, Code of Criminal Procedure, is   amended by adding Article 28.15 to read as follows:          Art. 28.15.  MOTION REGARDING LICENSE TO CARRY HANDGUN. (a)     If a defendant's eligibility for a license to carry a handgun would   be affected by a criminal charge pending against the defendant in   this state, the defendant may file with the court in which the   charge is pending a petition for an order under this article   authorizing the defendant to hold a license to carry a handgun if   the defendant is able to satisfy all other applicable eligibility   requirements for holding the license.          (b)  In determining whether to issue an order under this   article, the court shall consider:                (1)  the nature of the offense with which the defendant   is charged;                (2)  the criminal history record information of the   defendant; and                (3)  any potential risks to public safety.          (c)  A defendant whose license to carry a handgun is   suspended because of the charge described by Subsection (a) may   present to the Department of Public Safety a copy of an order issued   under this article.  On receipt of the copy, the department shall   reinstate the suspended license, provided that the defendant is   otherwise eligible to hold the license.          (d)  A defendant who does not hold a license to carry a   handgun may submit with the defendant's application materials a   copy of an order issued under this article. The Department of   Public Safety may not deny the issuance of a license based solely on   a charged offense that is the subject of an order issued under this   article.          (e)  The court may rescind an order issued under this article   on the motion of the attorney representing the state or on the   court's own motion. If the court rescinds the order, the court   shall immediately notify the appropriate division of the Department   of Public Safety.          (f)  On receipt of a notice of a rescinded order under   Subsection (e), the Department of Public Safety shall, while the   charge is pending:                (1)  suspend the handgun license of the defendant; or                (2)  if the defendant does not have a handgun license,   deny any application the defendant submits for a license.          (g)  An order may be issued under this article only with   respect to a single pending criminal charge.          SECTION 2.  Section 411.172(a), Government Code, is amended   to read as follows:          (a)  A person is eligible for a license to carry a handgun if   the person:                (1)  is a legal resident of this state for the six-month   period preceding the date of application under this subchapter or   is otherwise eligible for a license under Section 411.173(a);                (2)  is at least 21 years of age;                (3)  has not been convicted of a felony;                (4)  is not 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, unless a court order has been   issued under Article 28.15, Code of Criminal Procedure, relating to   that offense;                (5)  is not a fugitive from justice for a felony or a   Class A or Class B misdemeanor or equivalent offense;                (6)  is not a chemically dependent person;                (7)  is not incapable of exercising sound judgment with   respect to the proper use and storage of a handgun;                (8)  has not, in the five years preceding the date of   application, been convicted of a Class A or Class B misdemeanor or   equivalent offense or of an offense under Section 42.01, Penal   Code, or equivalent offense;                (9)  is fully qualified under applicable federal and   state law to purchase a handgun;                (10)  has not been finally determined to be delinquent   in making a child support payment administered or collected by the   attorney general;                (11)  has not been finally determined to be delinquent   in the payment of a tax or other money collected by the comptroller,   the tax collector of a political subdivision of the state, or any   agency or subdivision of the state;                (12)  is not currently restricted under a court   protective order or subject to a restraining order affecting the   spousal relationship, other than a restraining order solely   affecting property interests;                (13)  has not, in the 10 years preceding the date of   application, been adjudicated as having engaged in delinquent   conduct violating a penal law of the grade of felony; and                (14)  has not made any material misrepresentation, or   failed to disclose any material fact, in an application submitted   pursuant to Section 411.174.          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;                (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); and                (10)  a copy of a court order issued under Article   28.15, Code of Criminal Procedure, if the applicant would otherwise   be ineligible for the license under Section 411.172(a)(4).          SECTION 4.  Sections 411.187(a) and (c), Government Code,   are amended to read as follows:          (a)  The department shall suspend a license under this   section if the license holder:                (1)  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, unless a court order has been   issued under Article 28.15, Code of Criminal Procedure, relating to   that offense;                (2)  fails to notify the department of a change of   address, name, or status as required by Section 411.181;                (3)  commits an act of family violence and is the   subject of an active protective order rendered under Title 4,   Family Code; or                (4)  is arrested for an offense involving family   violence or an offense under Section 42.072, Penal Code, and is the   subject of an order for emergency protection issued under Article   17.292, Code of Criminal Procedure.          (c)  The department shall suspend a license under this   section:                (1)  for 30 days, if the person's license is subject to   suspension for a reason listed in Subsection (a)(2), (3), or (4),   except as provided by Subdivision (2);                (2)  for not less than one year and not more than three   years, if the person's license:                      (A)  is subject to suspension for a reason listed   in Subsection (a), other than the reason listed in Subsection   (a)(1); and                      (B)  has been previously suspended for the same   reason;                (3)  until the earlier of:                      (A)  the date of dismissal of the charges, if the   person's license is subject to suspension for the reason listed in   Subsection (a)(1); or                      (B)  the date the person provides the department   with a copy of a court order issued under Article 28.15, Code of   Criminal Procedure, relating to the offense charged; or                (4)  for the duration of or the period specified by:                      (A)  the protective order issued under Title 4,   Family Code, if the person's license is subject to suspension for   the reason listed in Subsection (a)(3) [(a)(5)]; or                      (B)  the order for emergency protection issued   under Article 17.292, Code of Criminal Procedure, if the person's   license is subject to suspension for the reason listed in   Subsection (a)(4) [(a)(6)].          SECTION 5.  Sections 411.201(c) and (d), Government Code,   are amended to read as follows:          (c)  An active judicial officer is eligible for a license to   carry a handgun under the authority of this subchapter. A retired   judicial officer is eligible for a license to carry a handgun under   the authority of this subchapter if the officer:                (1)  has not been convicted of a felony;                (2)  has not, in the five years preceding the date of   application, been convicted of a Class A or Class B misdemeanor or   equivalent offense;                (3)  is not charged with the commission of a Class A or   Class B misdemeanor or equivalent offense or of a felony under an   information or indictment, unless a court order has been issued   under Article 28.15, Code of Criminal Procedure, relating to that   offense;                (4)  is not a chemically dependent person; and                (5)  is not a person of unsound mind.          (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]                (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; and                (7)  a copy of a court order issued under Article 28.15,   Code of Criminal Procedure, if the applicant would otherwise be   ineligible for the license under Subsection (c)(3).          SECTION 6.  The changes in law made by this Act to Sections   411.172, 411.174, and 411.201, Government Code, apply only to an   application for the issuance or renewal of a license that is   submitted to the Department of Public Safety on or after the   effective date of this Act. An application submitted before the   effective date of this Act is governed by the law in effect on the   date the application was submitted, and the former law is continued   in effect for that purpose.          SECTION 7.  The change in law made by this Act to Section   411.187, Government Code, applies only to an administrative or   judicial determination concerning the suspension of a license to   carry a handgun that is made on or after the effective date of this   Act.  An administrative or judicial determination made before the   effective date of this Act is governed by the law in effect on the   date the determination was made, and the former law is continued in   effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2017.