HB1923 - Relating to removing the requirement that an applicant for or holder of a license to carry a handgun provide fingerprints.

  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.