Texas HB 2949: Relating to a license to carry a handgun for a person who is at increased risk of becoming a victim of violence.

Bill Text

By:AAGuillen H.B.ANo.A2949
A BILL TO BE ENTITLED
AN ACT
relating to a license to carry a handgun for a person who is at
increased risk of becoming a victim of violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 411.177, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1),
(b-2), and (b-3) to read as follows:
(b)AAExcept as otherwise provided by Subsection (b-1),
theA[The] department shall, not later than the 60th day after the
date of the receipt by the director’s designee of the completed
application materials:
(1)AAissue the license;
(2)AAnotify the applicant in writing that the
application was denied:
(A)AAon the grounds that the applicant failed to
qualify under the criteria listed in Section 411.172;
(B)AAbased on the affidavit of the director’s
designee submitted to the department under Section 411.176(c); or
(C)AAbased on the affidavit of the qualified
handgun instructor submitted to the department under Section
411.188(k); or
(3)AAnotify 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
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prescribed by this subsection and include in that notification an
explanation of the reason for the inability and an estimation of the
additional period [amount of time] the department will need to make
the determination.
(b-1)AAIf the applicant submits with the completed
application materials an application for a designation under
Section 411.184, the department shall, without charging an
additional fee, expedite the application. Not later than the 10th
day after the receipt of the materials under this subsection, the
department shall:
(1)AAissue the license with the designation; or
(2)AAnotify the applicant in writing that the applicant
is not eligible for the designation under Section 411.184 and the
application for the license will be processed in the regular course
of business.
(b-2)AANotwithstanding Subsection (b-1), if the department
determines that the applicant is eligible for the designation under
Section 411.184 but is unable to quickly make a determination
regarding the issuance or denial of a license to the applicant, the
department shall provide written notice of that fact to the
applicant and shall include in that notice an explanation of the
reason for the inability and an estimation of the additional period
the department will need to make the determination.
(b-3)AAThe director shall adopt policies for expedited
processing under Subsection (b-1).
(c)AAFailure of the department to issue or deny a license for
a period of more than 30 days after the department is required to
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act under Subsection (b) constitutes denial, regardless of whether
the applicant was eligible for expedited processing of the
application under Subsection (b-1).
SECTIONA2.AASection 411.179(a), Government Code, is amended
to read as follows:
(a)AAThe department by rule shall adopt the form of the
license.AAA license must include:
(1)AAa number assigned to the license holder by the
department;
(2)AAa statement of the period for which the license is
effective;
(3)AAa color photograph of the license holder;
(4)AAthe license holder’s full name, date of birth, hair
and eye color, height, weight, and signature;
(5)AAthe license holder’s residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder’s spouse serves as a
federal judge or the license holder serves as a state judge;
(6)AAthe number of a driver’s license or an
identification certificate issued to the license holder by the
department; [and]
(7)AAthe designation "VETERAN" if required under
Subsection (e); and
(8)AAany at-risk designation for which the license
holder has established eligibility under Section 411.184.
SECTIONA3.AASubchapter H, Chapter 411, Government Code, is
amended by adding Section 411.184 to read as follows:
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Sec.A411.184.AAAT-RISK DESIGNATION. (a) The department
shall develop a procedure for persons who are at increased risk of
becoming a victim of violence to:
(1)AAobtain a handgun license on an expedited basis, if
the person is not already a license holder; and
(2)AAqualify for an at-risk designation on the license.
(b)AAA person is eligible for an at-risk designation under
this section if:
(1)AAthe person is protected under, or a member of the
person’s household or family is protected under:
(A)AAa temporary restraining order or temporary
injunction issued under Subchapter F, Chapter 6, Family Code;
(B)AAa temporary ex parte order issued under
Chapter 83, Family Code;
(C)AAa protective order issued under Chapter 85,
Family Code;
(D)AAa protectiv