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	(f)  On receipt of a notice of a rescinded order under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.