HBA-DMD H.B. 1776 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1776 By: Uher Public Safety 4/8/1999 Introduced BACKGROUND AND PURPOSE Currently, a license to carry a concealed handgun (license) in Texas may be denied, revoked, or suspended for a number of reasons, including conviction of certain offenses. The decision of the Department of Public Safety (department) to deny, revoke, or suspend a license must be followed by a written notice to the applicant or license holder. The applicant may request a review hearing from the department and a justice court must consider whether the denial, revocation, or suspension is supported by a preponderance of the evidence. H.B. 1776 modifies the offenses that a person is convicted of which makes that person ineligible to carry a concealed weapon. This bill entitles the applicant or license holder to a hearing conducted by the State Office of Administrative Hearings, if the department refuses to issue an original license or proposes to suspend, revoke, or refuse to renew a license. It also requires the department to provide notice of the proposed revocation to the license holder and to send a copy of the form and the attachments to the license holder. H.B. 1776 authorizes a license holder whose license is surrendered or revoked to reapply as a new applicant for the issuance of a license two years after the surrender or revocation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 411.172(a), Government Code, to provide that a person is eligible for a license to carry a concealed handgun (license) provided that the person has not been charged with the commission of a Class A misdemeanor or of a Class B misdemeanor under Section 20.02 (Unlawful Restraint) or 22.07 (Terroristic Threat), rather than Section 42.01 (Disorderly Conduct), Penal Code, or of a felony under an information or indictment. Provides that a person is eligible for a license to carry a concealed handgun if the person is not a fugitive from justice for either a felony, a Class A misdemeanor, or a Class B misdemeanor under Section 20.02 or 22.07, Penal Code. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 411.180, Government Code, as follows: Sec. 411.180. New Title: DENIAL, REVOCATION, OR SUSPENSION OF LICENSE; JUDICIAL REVIEW. Entitles the applicant or license holder to a hearing conducted by the State Office of Administrative Hearings, if the Department of Public Safety (department) refuses to issue an original license or proposes to suspend, revoke, or refuse to renew an existing license. Sets forth that the hearing is governed by Chapter 2001 (Administrative Procedure), Government Code, except that judicial review is initiated by filing a petition in a court that has jurisdiction over appeals from justice and municipal courts in the county in which the applicant or license holder resides. Sets forth that judicial review is under the substantial evidence rule. Authorizes an appeal to be taken from the court as in other civil cases. Deletes text relating to written notice given to an applicant for a handgun license concerning the denial, revocation, or suspension of such a license and a hearing and appeal process that an applicant may undertake. Redesignates existing Subsections(d), (f), and (h) to Subsections (b), (c), and (d), respectively. SECTION 3. Amends Section 411.186, Government Code, as follows: Sec. 411.186. REVOCATION. (a) Makes conforming changes. (b) Requires the department, if the department proposes to revoke the license, to provide notice of the proposed revocation to the license holder and to send a copy of the form and the attachments to the license holder, rather than requiring the peace officer to send a copy of the form and the attachments to the license holder. Requires the license holder to surrender the license, rather than requiring the license holder to surrender the license if the license holder has not surrendered the license or the license was not seized as evidence, to the appropriate division of the department no later than 10 days after the license holder receives the notice of the proposed revocation from the department, unless the license holder requests a hearing under Section 411.180, rather than unless the license holder requests a hearing from the department. Deletes text authorizing the license holder to request that the justice court review the revocation of the license and text requiring the license holder to surrender the license upon a revocation order being entered by the justice court. Makes a nonsubstantive change. (c) Authorizes a license holder whose license is surrendered or revoked for a reason listed in this section to reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the surrender or revocation if the cause for surrender or revocation does not exist on the date of the second anniversary. Makes conforming changes. SECTION 4. Amends Section 411.187, Government Code, by amending Subsections (a) and (b) and adding Subsection (d), as follows: (a) Makes conforming changes. (b) Requires the department, if the department proposes to suspend the license, to provide notice of the proposed suspension to the license holder and to send a copy of the form and the attachments to the license holder, rather than requiring the peace officer to send a copy of the form and the attachments to the license holder. Requires the license holder to surrender the license, rather than requiring the license holder to surrender the license if the license holder has not surrendered the license or the license was not seized as evidence, to the appropriate division of the department no later than 10 days after the license holder receives the notice of the proposed suspension from the department, unless the license holder requests a hearing under Section 411.180, rather than unless the license holder requests a hearing from the department. Deletes text authorizing the license holder to request that the justice court review the suspension. Makes a nonsubstantive change. (d) Requires the department, if the department receives a license surrendered under this section, to return the license to the license holder immediately after expiration of the period for which a suspension would otherwise be required under Subsection (c). Deletes text relating to the surrendering of a license by a license holder upon the suspension order being entered by the justice court. SECTION 5. Amends Section 411.201(c), Government Code, to make conforming changes. SECTION 6. (a) Provides that the text of Sections 411.172(a), 411.186(a), and 411.187(a), Government Code, as set out in this Act, gives effect to changes made by Chapters 1261 and 1423, Acts of the 75th Legislature, Regular Session, 1997, in accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute. (b) Provides that this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions and corrections in enacted codes, to the extent of any conflict. SECTION 7. Makes application of this Act prospective, as it applies to the administrative and judicial review of certain decisions relating to the denial, suspension, or revocation of a license to carry a concealed handgun. SECTION 8.Effective date: September 1, 1999. SECTION 9.Emergency clause.