85R4536 ADM-D     By: Springer H.B. No. 3242       A BILL TO BE ENTITLED   AN ACT   relating to eligibility for and the revocation of a license to carry   a handgun.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.186(a), Government Code, is 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;                (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; or                (7)  holds a license issued as described by Section   411.1991(b) and the Texas Commission on Law Enforcement notifies   the department that the peace officer's license under Chapter 1701,   Occupations Code, has been revoked or suspended.          SECTION 2.  The heading to Section 411.1882, Government   Code, is amended to read as follows:          Sec. 411.1882.  EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN   COURT PERSONNEL AND SUPERVISION OFFICERS [PERSONS].          SECTION 3.  Subchapter H, Chapter 411, Government Code, is   amended by adding Section 411.189 to read as follows:          Sec. 411.189.  EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN   PERSONS EMPLOYED BY STATE OR POLITICAL SUBDIVISION OF STATE. (a)     This section applies only to a person, other than a person described   by Section 411.1882 or a peace officer described by Section   411.1991(a), who is employed by this state or a political   subdivision of this state in a position that requires the person to   obtain instruction on the use of handguns from a handgun   proficiency instructor approved by the Texas Commission on Law   Enforcement.          (b)  A person described by Subsection (a) may establish   handgun proficiency for the purposes of this subchapter by   obtaining from the instructor a sworn statement that indicates that   the person, during the 12-month period preceding the date of the   person's application to the department, demonstrated to the   instructor proficiency in the use of handguns.          (c)  The director by rule shall adopt a procedure by which a   person described by Subsection (b) may submit a form demonstrating   the person's qualification for an exemption under that subsection.   The form must provide sufficient information to allow the   department to verify whether the person qualifies for the   exemption.          (d)  A license issued under this section automatically   expires on the six-month anniversary of the date the person's   status under Subsection (a) becomes inapplicable. A license that   expires under this subsection may be renewed under Section 411.185.          SECTION 4.  Section 411.1991, Government Code, is amended by   amending Subsections (a), (a-1), (b), and (c) and adding Subsection   (e) to read as follows:          (a)  A person who is licensed as a peace officer under   Chapter 1701, Occupations Code, [and employed as a peace officer by   a law enforcement agency,] or who is a member of the Texas military   forces, excluding Texas State Guard members who are serving in the   Texas Legislature, may apply for a license under this subchapter.          (a-1)  An applicant who is licensed as a peace officer under   Chapter 1701, Occupations Code, shall submit to the department:                (1)  the name [and rank] of the applicant; and                (2)  a current copy of the applicant's peace officer   license [and evidence of employment as a peace officer].          (b)  The department shall [may] issue a license under this   subchapter to an applicant under this section who is a licensed   peace officer if the applicant complies with Subsection (a-1) and   meets all other requirements of this subchapter.  The department   shall waive any fee required for the issuance of an original,   duplicate, modified, or renewed license to the applicant.          (c)  The department may issue a license under this subchapter   to an applicant under this section who is a member of the Texas   military forces if the applicant complies with [or] rules adopted   under Subsection (a-2)[, as applicable].  The [(c)  An] applicant   [under this section] shall pay a fee of $25 for a license issued   under this subchapter.          (e)  If otherwise eligible for a license under this   subchapter, a peace officer whose handgun license is revoked under   Section 411.186(a)(7) may apply, without status as a peace officer,   for a new handgun license under Section 411.174.          SECTION 5.  Section 1701.501, Occupations Code, is amended   by adding Subsection (e) to read as follows:          (e)  If the commission becomes aware of an offense committed   by a license holder or revokes or suspends a license under this   subchapter, the commission shall immediately notify the Department   of Public Safety of the license holder's offense or of the   revocation or suspension, as applicable.          SECTION 6.  (a) Except as provided by Subsection (b) of this   section, the change in law made by this Act applies only to an   application to obtain a 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 when the application was submitted, and the former law is   continued in effect for that purpose.          (b)  Section 1701.501, Occupations Code, as amended by this   Act, applies only to a revocation or suspension of a license by the   Texas Commission on Law Enforcement on or after the effective date   of this Act.          SECTION 7.  This Act takes effect September 1, 2017.