Louderback Bill Ends $40 Handgun Fees, Uncaps Capitol Pass Fees

The text as introduced · 1,905 words

By: Louderback
H.B. No. 1487

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; o r

(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), 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; or

(4) 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

(5) 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 ].

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, 2025.