HBA-DMD H.B. 2240 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2240
By: Hupp
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Under current guidelines established by the Department of Public Safety
(department), a person renewing a concealed handgun license must submit a
completed renewal form, a notarized eligibility affidavit, a notarized
knowledge of laws affidavit, a notarized release of records form, a
fingerprint card, new passport photos, a completed passport photo holder,
and a TR-100 proficiency certificate form. This process can be
time-consuming, costly, and onerous.  

H.B. 2240 extends the time period, from four to six years, that a concealed
handgun license is valid. This bill requires the public safety director
(director) to establish a procedure by which a person who holds a driver's
license and a license to carry a concealed handgun that expire on the same
date may renew both licenses on one occasion. This bill also authorizes a
person who is otherwise eligible to renew the person's driver's license or
commercial driver's license to voluntarily surrender the license before the
expiration date and apply for the issuance of a new license so that the
driver's or commercial driver's license will expire on the same day as the
concealed handgun license. It also authorizes the department to charge the
person a fee in an amount equal to the amount of the fee for issuance or
renewal of a license.  

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 Sections 411.183(a) and (b), Government Code, to provide
that a license issued under this subchapter expires on the first birthday
of the license holder occurring after the sixth, rather fourth, anniversary
of the date of issuance. Provides that a renewed license expires on the
license holder's birthdate, six, rather than four, years after the date of
the expiration of the previous license.  

SECTION 2.  Section 411.185, Government Code, by amending Subsection (a)
and adding Subsection (e), as follows: 

(a) Includes Subsection (e) as an exception to the provision that a license
holder must submit two color photographs to renew a license. 
 
(e) Requires the public safety director (director) to establish a procedure
by which a person whose driver's license and concealed handgun license
expire on the same day, may renew both licenses on one occasion by
reporting in person to a designated location. Provides that an applicant
for renewal of a license to carry a concealed handgun under this subsection
must comply with each requirement of Subsection (a), except that the
applicant is not required to submit a passport photograph to the
department.  

SECTION 3.  Amends Subchapter M, Chapter 521, Transportation Code, by
adding Section 521.272, as follows: 

Sec. 521.272. VOLUNTARY SURRENDER. (a) Authorizes a person who is otherwise
eligible to renew the person's driver's license to voluntarily surrender
the license before the expiration date and apply for the issuance of a new
license so that the driver's license and concealed handgun license will
expire on the same day, notwithstanding Section 521.271 (License
Expiration), Transportation Code.  

(b) Requires the Department of Public Safety (department) to establish a
standard application form to be used by a person who applies for a license
under this section. Authorizes the department to charge the person a fee in
an amount equal to the amount of the fee for issuance or renewal of a
license under Section 521.421 (License Fees; Examination Fees),
Transportation Code.  

SECTION 4.  Amends Subchapter E, Chapter 522, Transportation Code, by
adding Section 522.054, as follows: 

Sec. 522.054. VOLUNTARY SURRENDER. (a) Authorizes a person who is otherwise
eligible to renew the person's commercial driver's license to voluntarily
surrender the license before the expiration date and apply for the issuance
of a new license so that the commercial driver's license and concealed
handgun license will expire on the same day, notwithstanding any other
provision of this subchapter.  

(b) Requires the department to establish a standard application form to be
used by a person who applies for a license under this section. Authorizes
the department to charge the person a fee in an amount equal to the amount
of the fee for issuance or renewal of a license under Section 521.421.  

SECTION 5. (a) Provides that the change in law made by this Act to Sections
411.183(a) and  (b), 
Government Code, applies only to a license issued or renewed on or after
September 1, 1999.  

(b) Requires the director to establish the procedure required by Section
411.185(e), Government Code, as added by this Act, no later than January 1,
2000.  

(c) Requires the department to establish the standard application forms
required by Sections 521.272 and 522.054, Transportation Code, as added by
this Act, no later than January 1, 2000.  

SECTION 6.Emergency clause.
  Effective date: upon passage.