Bill Text: TX SB1691 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to expedited processing of certain applications for a license to carry a handgun; waiving a fee.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1691 Detail]
Download: Texas-2019-SB1691-Comm_Sub.html
By: Fallon, et al. | S.B. No. 1691 | |
(Nevárez) | ||
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relating to expedited processing of certain applications for a | ||
license to carry a handgun; waiving a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.177, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1) and (b-2) to | ||
read as follows: | ||
(b) Except as otherwise provided by Subsection (b-1), | ||
the [ |
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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 | ||
amount of time the department will need to make the determination. | ||
(b-1) If the applicant submits with the completed | ||
application materials a copy of an active protective order issued | ||
under Title 4, Family Code, or Chapter 7A, Code of Criminal | ||
Procedure, or an active magistrate's emergency order of protection | ||
under Article 17.292, Code of Criminal Procedure, that indicates | ||
that the applicant is protected by the order, the department shall, | ||
without charging a fee, expedite the application. As soon as | ||
practicable after the receipt of the materials under this | ||
subsection, the department shall: | ||
(1) issue the license; or | ||
(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). | ||
(b-2) The director shall adopt policies for expedited | ||
processing under Subsection (b-1). | ||
SECTION 2. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.1954 to read as follows: | ||
Sec. 411.1954. WAIVER OF FEES FOR CERTAIN APPLICANTS WITH | ||
PROTECTIVE ORDER. Notwithstanding any other provision of this | ||
subchapter, the department shall waive any fee required for the | ||
issuance of an original, duplicate, modified, or renewed license | ||
under this subchapter if the applicant submits to the department a | ||
copy of an active protective order issued under Title 4, Family | ||
Code, or Chapter 7A, Code of Criminal Procedure, or an active | ||
magistrate's emergency order of protection under Article 17.292, | ||
Code of Criminal Procedure, that indicates that the applicant is | ||
protected by the order. | ||
SECTION 3. 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 of the State of Texas on or after | ||
the effective date of this Act. An application for a license to | ||
carry a handgun for which the completed application materials were | ||
received before the effective date of this Act is governed by the | ||
law in effect on the date the materials were received, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 4. Section 411.1954, Government Code, as added by | ||
this Act, applies only to an application for an original, | ||
duplicate, modified, or renewed license to carry a handgun | ||
submitted 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 5. The Department of Public Safety of the State of | ||
Texas is required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the Department of Public Safety of the State of Texas may, | ||
but is not required to, implement a provision of this Act using | ||
other appropriations available for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. |