By: Huffman  S.B. No. 2247          (In the Senate - Filed May 4, 2021; May 5, 2021, read first   time and referred to Committee on Finance; May 11, 2021, reported   favorably by the following vote:  Yeas 10, Nays 2; May 11, 2021,   sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the removal of a fee for the issuance of an original,   duplicate, modified, or renewed license to carry a handgun.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.0625(c), Government Code, is amended   to read as follows:          (c)  The department shall adopt rules to establish a   procedure by which a resident of the state may apply for and be   issued a Capitol access pass.  Rules adopted under this section   must include provisions for eligibility, application, approval,   issuance, and renewal that:                (1)  require the department to conduct the same   background check on an applicant for a Capitol access pass that is   conducted on an applicant for a license to carry a handgun under   Subchapter H;                (2)  enable the department to conduct the background   check described by Subdivision (1); and                (3)  establish application and renewal fees in amounts   sufficient to cover the cost of administering this section[, not to   exceed the amounts of similar fees required under Section 411.174   for a license to carry a handgun].          SECTION 2.  Section 411.173(a), Government Code, is amended   to read as follows:          (a)  The department by rule shall establish a procedure for a   person who meets the eligibility requirements of this subchapter   other than the residency requirement established by Section   411.172(a)(1) to obtain a license under this subchapter if the   person is a legal resident of another state or if the person   relocates to this state with the intent to establish residency in   this state. [The procedure must include payment of a fee in an   amount sufficient to recover the average cost to the department of   obtaining a criminal history record check and investigation on a   nonresident applicant.] A license issued in accordance with the   procedure established under this subsection:                (1)  remains in effect until the license expires under   Section 411.183; and                (2)  may be renewed under Section 411.185.          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   $40 paid to the department;                [(7)]  evidence of handgun proficiency, in the form and   manner required by the department;                (7) [(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                (8) [(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).          SECTION 4.  Section 411.179, Government Code, is amended by   amending Subsection (e) and adding Subsection (f) to read as   follows:          (e)  [In this subsection, "veteran" has the meaning assigned   by Section 411.1951.]  The department shall include the designation   "VETERAN" on the face of any original, duplicate, modified, or   renewed license under this subchapter or on the reverse side of the   license, as determined by the department, if the license is issued   to a veteran who:                (1)  requests the designation; and                (2)  provides proof sufficient to the department of the   veteran's military service and honorable discharge.          (f)  For purposes of Subsection (e), "veteran" means a person   who:                (1)  has served in:                      (A)  the army, navy, air force, coast guard, or   marine corps of the United States;                      (B)  the Texas military forces as defined by   Section 437.001; or                      (C)  an auxiliary service of one of those branches   of the armed forces; and                (2)  has been honorably discharged from the branch of   the service in which the person served.          SECTION 5.  Section 411.181(h), Government Code, is amended   to read as follows:          (h)  If a license holder is required under this section to   apply for a duplicate license and the license expires not later than   the 60th day after the date of the loss, theft, or destruction of   the license, the applicant may renew the license with the modified   information included on the new license. [The applicant must pay   only the nonrefundable renewal fee.]          SECTION 6.  Section 411.185(a), Government Code, is amended   to read as follows:          (a)  To renew a license, a license holder must, on or before   the date the license expires, submit to the department by mail or,   in accordance with the procedure adopted under Subsection (f), on   the Internet:                (1)  a renewal application on a form provided by the   department;                [(2)  payment of a nonrefundable renewal fee of $40;]   and                (2) [(3)]  the informational form described by   Subsection (c) signed or electronically acknowledged by the   applicant.          SECTION 7.  Sections 411.186(a) and (c), Government Code,   are amended to read as follows:          (a)  The department shall revoke a license under this section   if the license holder:                (1)  was not entitled to the license at the time it was   issued;                (2)  made a material misrepresentation or failed to   disclose a material fact in an application submitted under this   subchapter;                (3)  subsequently becomes ineligible for a license   under Section 411.172, unless the sole basis for the ineligibility   is that the license holder 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;                (4)  is convicted of an offense under Section 46.035,   Penal Code; or                (5)  is determined by the department to have engaged in   conduct constituting a reason to suspend a license listed in   Section 411.187(a) after the person's license has been previously   suspended twice for the same reason[; or                [(6)  submits an application fee that is dishonored or   reversed if the applicant fails to submit a cashier's check or money   order made payable to the "Department of Public Safety of the State   of Texas" in the amount of the dishonored or reversed fee, plus $25,   within 30 days of being notified by the department that the fee was   dishonored or reversed].          (c)  A license holder whose license is revoked for a reason   listed in Subsection (a) [Subsections (a)(1)-(5)] may reapply as a   new applicant for the issuance of a license under this subchapter   after the second anniversary of the date of the revocation if the   cause for revocation does not exist on the date of the second   anniversary.  If the cause for revocation exists on the date of the   second anniversary after the date of revocation, the license holder   may not apply for a new license until the cause for revocation no   longer exists and has not existed for a period of two years.          SECTION 8.  Section 411.190(c), Government Code, is amended   to read as follows:          (c)  In the manner applicable to a person who applies for a   license to carry a handgun, the department shall conduct a   background check of a person who applies for certification as a   qualified handgun instructor or approved online course provider.   If the background check indicates that the applicant for   certification would not qualify to receive a handgun license, the   department may not certify the applicant as a qualified handgun   instructor or approved online course provider. If the background   check indicates that the applicant for certification would qualify   to receive a handgun license, the department shall provide handgun   instructor or online course provider training to the applicant.   The applicant shall pay a fee of $100 to the department for the   training. The applicant must take and successfully complete the   training offered by the department and pay the training fee before   the department may certify the applicant as a qualified handgun   instructor or approved online course provider. The department   shall issue a license to carry a handgun under the authority of this   subchapter to any person who is certified as a qualified handgun   instructor or approved online course provider [and who pays to the   department a fee of $40 in addition to the training fee]. The   department by rule may prorate or waive the training fee for an   employee of another governmental entity.          SECTION 9.  Sections 411.201(d) and (h), Government Code,   are amended to read as follows:          (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 of   $25;] and                (5) [(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.          (h)  The department shall issue a license to carry a handgun   under the authority of this subchapter to a United States attorney   or an assistant United States attorney, or to an attorney elected or   employed to represent the state in the prosecution of felony cases,   who meets the requirements of this section for an active judicial   officer. [The department shall waive any fee required for the   issuance of an original, duplicate, or renewed license under this   subchapter for an applicant who is a United States attorney or an   assistant United States attorney or who is an attorney elected or   employed to represent the state in the prosecution of felony   cases.]          SECTION 10.  Section 118.011(b), Local Government Code, is   amended to read as follows:          (b)  The county clerk may set and collect the following fee   from any person:                (1)  Returned Check (Sec. 118.0215)  . . . . . . not   less than $15 or more than $30                (2)  Records Management and Preservation Fee (Sec.   118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more than $10                (3)  [Mental Health Background Check for License to   Carry a Handgun (Sec. 118.0217)  . . . . . not more than $2                [(4)]  Marriage License for Out-of-State Applicants   (Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100          SECTION 11.  The following provisions are repealed:                (1)  Sections 411.181(d) and (i), 411.186(d), 411.194,   411.195, 411.1951, 411.1953, 411.1954, 411.199(d), 411.1991(c),   411.1992(d), 411.1993(e), and 411.1994(d), Government Code; and                (2)  Section 118.0217, Local Government Code.          SECTION 12.  The change in law made by this Act applies only   to an applicant for an original, duplicate, modified, or renewed   license to carry a handgun under Subchapter H, Chapter 411,   Government Code, as amended by this Act, who submits the   application on or after the effective date of this Act.          SECTION 13.  This Act takes effect September 1, 2021.     * * * * *