Bill Text: TX HB2675 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a license to carry a handgun for a person who is at increased risk of becoming a victim of violence.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2675 Detail]
Download: Texas-2021-HB2675-Introduced.html
Bill Title: Relating to a license to carry a handgun for a person who is at increased risk of becoming a victim of violence.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2675 Detail]
Download: Texas-2021-HB2675-Introduced.html
87R7329 EAS-D | ||
By: Guillen | H.B. No. 2675 |
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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 | ||
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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 [ |
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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 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; [ |
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(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 Chapter 7B, | ||
Code of Criminal Procedure; 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 B, Chapter 58, 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), and (5) 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 or other | ||
qualified retired law enforcement officer, as defined by 18 U.S.C. | ||
Section 926C, 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 an honorably retired peace officer or other qualified | ||
retired law enforcement officer; | ||
(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; [ |
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(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, 2021. | ||
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, | ||
2022. | ||
(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, 2022. | ||
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, 2022. An offense committed before | ||
January 1, 2022, 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, 2022, if any element of the offense | ||
occurred before that date. | ||
SECTION 9. This Act takes effect September 1, 2021. |