83R20163 JSC-D
	By: Flynn, et al.	H.B. No. 48
	Substitute the following for H.B. No. 48:
	By:  Pickett	C.S.H.B. No. 48

	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedure under which a person may renew a license
	to carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.185, Government Code, is amended to
	read as follows:
	Sec. 411.185.  LICENSE RENEWAL PROCEDURE.  (a) To renew a
	license, a license holder must, on or before the date the license
	expires,[:
	[(1)     complete a continuing education course in handgun
	proficiency under Section 411.188(c) within the six-month period
	preceding:
	[(A)     the date of application for renewal, for a
	first or second renewal; and
	[(B)     the date of application for renewal or the
	date of application for the preceding renewal, for a third or
	subsequent renewal, to ensure that the license holder is not
	required to complete the course more than once in any 10-year
	period; and
	[(2)]  submit to the department by mail or, in
	accordance with the procedure adopted under Subsection (f), on the
	Internet:
	(1)  a [(A)  an application for] renewal application
	on a form provided by the department;
	(2)  [(B)     evidence of handgun proficiency, in the form
	and manner required by the department;
	[(C)]  payment of a nonrefundable renewal fee as
	set by the department; and
	(3)  the informational form described by Subsection (c)
	signed or electronically acknowledged by the applicant [(D)     one or
	more photographs of the applicant that meet the requirements of the
	department].
	(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 [renew] a
	license; and
	(3)  issue the renewed license.
	(c)  The director by rule shall adopt an informational form
	that describes state law regarding the use of deadly force and the
	places where it is unlawful for the holder of a license issued under
	this subchapter to carry a concealed handgun. An applicant for a
	renewed license must sign and return the informational form to the
	department by mail or acknowledge the form electronically on the
	Internet according to the procedure adopted under Subsection (f).
	(d)  Not later than the 60th day before the expiration date
	of the license, the department shall mail to each license holder a
	written notice of the expiration of the license, [and] a renewal
	application form, and the informational form described by
	Subsection (c).
	(e) [(c)]  The department shall renew the license of a
	license holder who meets all the eligibility requirements to
	continue to hold a license and submits all the renewal materials
	described by Subsection (a). Not later than the 45th day after
	receipt of the renewal materials, the department shall issue the
	renewed license [renewal] or notify the license holder in writing
	that the department denied the license holder's renewal application
	[was denied].
	(f) [(d)]  The director by rule shall adopt a procedure by
	which a license holder who satisfies the eligibility requirements
	to continue to hold a license [criteria] may submit the renewal
	materials described by Subsection (a) [renew a license] by mail or
	on the Internet. [The materials for renewal by mail must include a
	form to be signed and returned to the department by the applicant
	that describes state law regarding:
	[(1)  the use of deadly force; and
	[(2)     the places where it is unlawful for the holder of
	a license issued under this subchapter to carry a concealed
	handgun.]
	SECTION 2.  Sections 411.188(d), (g), and (k), Government
	Code, are amended to read as follows:
	(d)  Only a qualified handgun instructor may administer the
	proficiency examination to obtain [or to renew] a license. The
	proficiency examination must include:
	(1)  a written section on the subjects listed in
	Subsection (b); and
	(2)  a physical demonstration of proficiency in the use
	of one or more handguns of specific categories and in handgun safety
	procedures.
	(g)  A person who wishes to obtain [or renew] a license to
	carry a concealed handgun must apply in person to a qualified
	handgun instructor to take the appropriate course in handgun
	proficiency and demonstrate handgun proficiency as required by the
	department.
	(k)  A qualified handgun instructor may submit to the
	department a written recommendation for disapproval of the
	application for a license[, renewal,] or modification of a license,
	accompanied by an affidavit stating personal knowledge or naming
	persons with personal knowledge of facts that lead the instructor
	to believe that an applicant does not possess the required handgun
	proficiency.  The department may use a written recommendation
	submitted under this subsection as the basis for denial of a license
	only if the department determines that the recommendation is made
	in good faith and is supported by a preponderance of the evidence.
	The department shall make a determination under this subsection not
	later than the 45th day after the date the department receives the
	written recommendation.  The 60-day period in which the department
	must take action under Section 411.177(b) is extended one day for
	each day a determination is pending under this subsection.
	SECTION 3.  Section 411.1881(a), Government Code, is amended
	to read as follows:
	(a)  Notwithstanding any other provision of this subchapter,
	a person may not be required to complete the range instruction
	portion of a handgun proficiency course to obtain a [or renew a
	concealed handgun] license issued under this subchapter if the
	person:
	(1)  is currently serving in or is honorably discharged
	from:
	(A)  the army, navy, air force, coast guard, or
	marine corps of the United States or an auxiliary service or reserve
	unit of one of those branches of the armed forces; or
	(B)  the state military forces, as defined by
	Section 431.001; and
	(2)  has, within the five years preceding the date of
	the person's application for the [an original or renewed] license[,
	as applicable], completed a course of training in handgun
	proficiency or familiarization as part of the person's service with
	the armed forces or state military forces.
	SECTION 4.  Section 411.201(g), Government Code, is amended
	to read as follows:
	(g)  A license issued under this section expires as provided
	by Section 411.183 and[, except as otherwise provided by this
	subsection,] may be renewed in accordance with Section 411.185 [of
	this subchapter. An active judicial officer is not required to
	attend the classroom instruction part of the continuing education
	proficiency course to renew a license].
	SECTION 5.  Sections 411.188(c) and (j) and 411.199(e),
	Government Code, are repealed.
	SECTION 6.  The director of the Department of Public Safety
	shall adopt the rules required by Section 411.185, Government Code,
	as amended by this Act, as soon as practicable after the effective
	date of this Act.
	SECTION 7.  The change in law made by this Act applies to an
	application for the renewal of a license to carry a concealed
	handgun that is submitted to the Department of Public Safety on or
	after the effective date of this Act, regardless of whether the
	license was originally issued before, on, or after the effective
	date of this Act.
	SECTION 8.  This Act takes effect September 1, 2013.