bill ending fingerprints for handgun license applicants

The text as introduced · 1,309 words

89R9966 JSC-F

By: Virdell
H.B. No. 1923

A BILL TO BE ENTITLED

AN ACT

relating to removing the requirement that an applicant for or

holder of a license to carry a handgun provide fingerprints.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.0891(d), Government Code, is amended

to read as follows:

(d) The department may require any person for whom the

department is authorized to obtain criminal history record

information under Subsections (a) and (a-1) to submit a complete

and legible set of fingerprints to the department on a form

prescribed by the department for the purpose of obtaining criminal

history record information. This subsection does not apply to a

person described by Subsection (a)(6) who is an applicant for or

holds a license to carry a handgun issued by the department under

Subchapter H.

SECTION 2. 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;

(6) [ (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 3. Section 411.176(b), Government Code, is amended

to read as follows:

(b) The director's designee as needed shall conduct an

additional criminal history record check of the applicant and an

investigation of the applicant's local official records to verify

the accuracy of the application materials. The director's designee

may access any records necessary for purposes of this subsection.

The scope of the record check and the investigation are at the sole

discretion of the department, except that the director's designee

shall complete the record check and investigation not later than

the 60th day after the date the department receives the application

materials. The department shall contact [ send a fingerprint card

to ] the Federal Bureau of Investigation to obtain [ for ] a national

criminal history check of the applicant. On completion of the

investigation, the director's designee shall return all materials

and the result of the investigation to the appropriate division of

the department at its Austin headquarters.

SECTION 4. Section 411.199(b), Government Code, is amended

to read as follows:

(b) The person shall submit [ two complete sets of legible

and classifiable fingerprints and ] a sworn statement from the head

of the law enforcement agency that employed the applicant or other

former employer of the applicant, as applicable. A head of a law

enforcement agency or other former employer may not refuse to issue

a statement under this subsection. If the applicant alleges that

the statement is untrue, the department shall investigate the

validity of the statement. The statement must include:

(1) the name and rank of the applicant;

(2) the status of the applicant before retirement;

(3) whether the applicant was accused of misconduct at

the time of the retirement;

(4) the physical and mental condition of the

applicant;

(5) the type of weapons the applicant had demonstrated

proficiency with during the last year of employment;

(6) whether the applicant would be eligible for

reemployment with the agency or employer, and if not, the reasons

the applicant is not eligible;

(7) a recommendation from the agency head or the

employer regarding the issuance of a license under this subchapter;

and

(8) whether the applicant holds a current certificate

of proficiency under Section 1701.357, Occupations Code.

SECTION 5. Section 411.1992(b), Government Code, is amended

to read as follows:

(b) The applicant shall submit to the department [ two

complete sets of legible and classifiable fingerprints and ] a sworn

statement from the head of the law enforcement agency at which the

applicant last served as a reserve law enforcement officer. A head

of a law enforcement agency may not refuse to issue a statement

under this subsection. If the applicant alleges that the statement

is untrue, the department shall investigate the validity of the

statement. The statement must include:

(1) the name and rank of the applicant;

(2) the status of the applicant;

(3) whether the applicant was accused of misconduct at

any time during the applicant's term of service and the disposition

of that accusation;

(4) a description of the physical and mental condition

of the applicant;

(5) a list of the types of weapons the applicant

demonstrated proficiency with during the applicant's term of

service; and

(6) a recommendation from the agency head regarding

the issuance of a license under this subchapter.

SECTION 6. Section 411.201(d), Government Code, is 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;

(4) [ (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.

SECTION 7. Section 118.0217(a), Local Government Code, is

amended to read as follows:

(a) The fee for a "mental health background check for

license to carry a handgun" is for a check, conducted by the county

clerk at the request of the Texas Department of Public Safety, of

the county records involving the mental condition of a person who

applies for a license to carry a handgun under Subchapter H, Chapter

411, Government Code. The fee, not to exceed $2, will be paid from

the application fee submitted to the Department of Public Safety

according to Section 411.174(a)(5) [ 411.174(a)(6) ], Government

Code.

SECTION 8. Section 411.175, Government Code, is repealed.

SECTION 9. The change in law made by this Act applies only

to an applicant for a license to carry a handgun under Subchapter H,

Chapter 411, Government Code, as amended by this Act, who submits

the application for the license on or after the effective date of

this Act.

SECTION 10. This Act takes effect September 1, 2025.