H.B. No. 48
 
 
 
 
AN ACT
  relating to the procedure under which a person may renew a license
  to carry a concealed handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.185, Government Code, is amended to
  read as follows:
         Sec. 411.185.  LICENSE RENEWAL PROCEDURE.  (a) To renew a
  license, a license holder must, on or before the date the license
  expires,[:
               [(1)     complete a continuing education course in handgun
  proficiency under Section 411.188(c) within the six-month period
  preceding:
                     [(A)     the date of application for renewal, for a
  first or second renewal; and
                     [(B)     the date of application for renewal or the
  date of application for the preceding renewal, for a third or
  subsequent renewal, to ensure that the license holder is not
  required to complete the course more than once in any 10-year
  period; and
               [(2)]  submit to the department by mail or, in
  accordance with the procedure adopted under Subsection (f), on the
  Internet:
               (1)  a [(A)  an application for] renewal application
  on a form provided by the department;
               (2)  [(B)     evidence of handgun proficiency, in the form
  and manner required by the department;
                     [(C)]  payment of a nonrefundable renewal fee as
  set by the department; and
               (3)  the informational form described by Subsection (c)
  signed or electronically acknowledged by the applicant [(D)     one or
  more photographs of the applicant that meet the requirements of the
  department].
         (b)  The director by rule shall adopt a renewal application
  form requiring an update of the information on the original
  completed application. The director by rule shall set the renewal
  fee in an amount that is sufficient to cover the actual cost to the
  department to:
               (1)  verify the information contained in the renewal
  application form;
               (2)  conduct any necessary investigation concerning
  the license holder's continued eligibility to hold [renew] a
  license; and
               (3)  issue the renewed license.
         (c)  The director by rule shall adopt an informational form
  that describes state law regarding the use of deadly force and the
  places where it is unlawful for the holder of a license issued under
  this subchapter to carry a concealed handgun. An applicant for a
  renewed license must sign and return the informational form to the
  department by mail or acknowledge the form electronically on the
  Internet according to the procedure adopted under Subsection (f).
         (d)  Not later than the 60th day before the expiration date
  of the license, the department shall mail to each license holder a
  written notice of the expiration of the license, [and] a renewal
  application form, and the informational form described by
  Subsection (c).
         (e) [(c)]  The department shall renew the license of a
  license holder who meets all the eligibility requirements to
  continue to hold a license and submits all the renewal materials
  described by Subsection (a). Not later than the 45th day after
  receipt of the renewal materials, the department shall issue the
  renewed license [renewal] or notify the license holder in writing
  that the department denied the license holder's renewal application
  [was denied].
         (f) [(d)]  The director by rule shall adopt a procedure by
  which a license holder who satisfies the eligibility requirements
  to continue to hold a license [criteria] may submit the renewal
  materials described by Subsection (a) [renew a license] by mail or
  on the Internet. [The materials for renewal by mail must include a
  form to be signed and returned to the department by the applicant
  that describes state law regarding:
               [(1)  the use of deadly force; and
               [(2)     the places where it is unlawful for the holder of
  a license issued under this subchapter to carry a concealed
  handgun.]
         SECTION 2.  Sections 411.188(d), (g), and (k), Government
  Code, are amended to read as follows:
         (d)  Only a qualified handgun instructor may administer the
  proficiency examination to obtain [or to renew] a license. The
  proficiency examination must include:
               (1)  a written section on the subjects listed in
  Subsection (b); and
               (2)  a physical demonstration of proficiency in the use
  of one or more handguns of specific categories and in handgun safety
  procedures.
         (g)  A person who wishes to obtain [or renew] a license to
  carry a concealed handgun must apply in person to a qualified
  handgun instructor to take the appropriate course in handgun
  proficiency and demonstrate handgun proficiency as required by the
  department.
         (k)  A qualified handgun instructor may submit to the
  department a written recommendation for disapproval of the
  application for a license[, renewal,] or modification of a license,
  accompanied by an affidavit stating personal knowledge or naming
  persons with personal knowledge of facts that lead the instructor
  to believe that an applicant does not possess the required handgun
  proficiency.  The department may use a written recommendation
  submitted under this subsection as the basis for denial of a license
  only if the department determines that the recommendation is made
  in good faith and is supported by a preponderance of the evidence.  
  The department shall make a determination under this subsection not
  later than the 45th day after the date the department receives the
  written recommendation.  The 60-day period in which the department
  must take action under Section 411.177(b) is extended one day for
  each day a determination is pending under this subsection.
         SECTION 3.  Section 411.1881(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  a person may not be required to complete the range instruction
  portion of a handgun proficiency course to obtain a [or renew a
  concealed handgun] license issued under this subchapter if the
  person:
               (1)  is currently serving in or is honorably discharged
  from:
                     (A)  the army, navy, air force, coast guard, or
  marine corps of the United States or an auxiliary service or reserve
  unit of one of those branches of the armed forces; or
                     (B)  the state military forces, as defined by
  Section 431.001; and
               (2)  has, within the five years preceding the date of
  the person's application for the [an original or renewed] license[,
  as applicable], completed a course of training in handgun
  proficiency or familiarization as part of the person's service with
  the armed forces or state military forces.
         SECTION 4.  Section 411.201(g), Government Code, is amended
  to read as follows:
         (g)  A license issued under this section expires as provided
  by Section 411.183 and[, except as otherwise provided by this
  subsection,] may be renewed in accordance with Section 411.185 [of
  this subchapter. An active judicial officer is not required to
  attend the classroom instruction part of the continuing education
  proficiency course to renew a license].
         SECTION 5.  Sections 411.188(c) and (j) and 411.199(e),
  Government Code, are repealed.
         SECTION 6.  The director of the Department of Public Safety
  shall adopt the rules required by Section 411.185, Government Code,
  as amended by this Act, as soon as practicable after the effective
  date of this Act.
         SECTION 7.  The change in law made by this Act applies to an
  application for the renewal of a license to carry a concealed
  handgun that is submitted to the Department of Public Safety on or
  after the effective date of this Act, regardless of whether the
  license was originally issued before, on, or after the effective
  date of this Act.
         SECTION 8.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 48 was passed by the House on May 6,
  2013, by the following vote:  Yeas 141, Nays 5, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 48 was passed by the Senate on May 21,
  2013, by the following vote:  Yeas 27, Nays 4.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor