89R9410 JSC-F
 
  By: Virdell H.B. No. 2470
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the age at which a person not otherwise prohibited by
  state or federal law from possessing a firearm may carry a handgun
  or is eligible for a license to carry a handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The Legislature of the State of Texas finds that:
               (1)  the Second Amendment of the United States
  Constitution protects an individual's right to keep and bear arms,
  to possess a firearm unconnected with service in a militia, and to
  use that firearm for traditionally lawful purposes, such as
  self-defense;
               (2)  Section 23, Article I, of the Texas Constitution
  secures for Texas citizens the right to keep and bear arms;
               (3)  the United States District Court for the Northern
  District of Texas in Firearms Policy Coal., Inc. v. McCraw, 623 F.
  Supp. 3d 740 (N.D. Tex. 2022), recognized the right of responsible
  individuals aged 18, 19, and 20 to carry a handgun outside the home
  for self-defense and found that Texas's statutory scheme and the
  prohibition imposed on these individuals under Section 46.02, Penal
  Code, and Section 411.172, Government Code, infringed on rights
  protected by the Second and Fourteenth Amendments to the United
  States Constitution;
               (4)  to ensure clarity in the law and consistency with
  constitutional principles, the eligibility criteria for carrying a
  handgun in Texas without a license and for obtaining a license to
  carry a handgun should include responsible individuals aged 18,
  19, and 20 who are not otherwise prohibited by state or federal law
  from possessing a firearm; and
               (5)  persons who are currently prohibited from
  possessing a firearm under state or federal law will not gain the
  right to possess or carry a firearm under this legislation.
         SECTION 2.  Section 411.047(b), Government Code, is amended
  to read as follows:
         (b)  Such statistics shall be drawn and reported annually
  from the Department of Public Safety computerized criminal history
  file on persons 18 [21] years of age and older and shall be compared
  in numerical and graphical format to all like offenses committed in
  the state for the reporting period as a percentage of the total of
  such reported offenses.
         SECTION 3.  Section 411.172(a), Government Code, is amended
  to read as follows:
         (a)  A person is eligible for a license to carry a handgun if
  the person:
               (1)  is a legal resident of this state for the six-month
  period preceding the date of application under this subchapter or
  is otherwise eligible for a license under Section 411.173(a);
               (2)  is at least 18 [21] years of age;
               (3)  has not been convicted of a felony;
               (4)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (5)  is not a fugitive from justice for a felony or a
  Class A or Class B misdemeanor or equivalent offense;
               (6)  is not a chemically dependent person;
               (7)  is not incapable of exercising sound judgment with
  respect to the proper use and storage of a handgun;
               (8)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (9)  is fully qualified under applicable federal and
  state law to possess [purchase] a handgun;
               (10)  has not been finally determined to be delinquent
  in making a child support payment administered or collected by the
  attorney general;
               (11)  has not been finally determined to be delinquent
  in the payment of a tax or other money collected by the comptroller,
  the tax collector of a political subdivision of the state, or any
  agency or subdivision of the state;
               (12)  is not currently restricted under a court
  protective order or subject to a restraining order affecting the
  spousal relationship, other than a restraining order solely
  affecting property interests;
               (13)  has not, in the 10 years preceding the date of
  application, been adjudicated as having engaged in delinquent
  conduct violating a penal law of the grade of felony; and
               (14)  has not made any material misrepresentation, or
  failed to disclose any material fact, in an application submitted
  pursuant to Section 411.174.
         SECTION 4.  Section 411.179(a), Government Code, is amended
  to read as follows:
         (a)  The department by rule shall adopt the form of the
  license. A license must include:
               (1)  a number assigned to the license holder by the
  department;
               (2)  a statement of the period for which the license is
  effective;
               (3)  a photograph of the license holder;
               (4)  the license holder's full name, date of birth, hair
  and eye color, height, weight, and signature;
               (5)  the license holder's residence address or, as
  provided by Subsection (d), the street address of the courthouse in
  which the license holder or license holder's spouse or parent
  serves as a federal judge or the license holder serves as a state
  judge;
               (6)  the number of a driver's license or an
  identification certificate issued to the license holder by the
  department;
               (7)  the designation "VETERAN" if required under
  Subsection (e); and
               (8)  any at-risk designation for which the license
  holder has established eligibility under Section 411.184[; and
               [(9)  if applicable, a protective order designation
  under Section 411.1735].
         SECTION 5.  Section 411.205, Government Code, is amended to
  read as follows:
         Sec. 411.205.  REQUIREMENT TO DISPLAY LICENSE. If a license
  holder is carrying a handgun on or about the license holder's person
  when a magistrate or a peace officer demands that the license holder
  display identification, the license holder shall display[:
               [(1)]  both the license holder's driver's license or
  identification certificate issued by the department and the license
  holder's handgun license[; and
               [(2)  if the license holder's handgun license bears a
  protective order designation, a copy of the applicable court order
  under which the license holder is protected].
         SECTION 6.  Sections 46.02(a) and (a-1), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a handgun;
               (2)  at the time of the offense:
                     (A)  is younger than 18 [21] years of age; or
                     (B)  has been convicted of an offense under
  Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed
  in the five-year period preceding the date the instant offense was
  committed; and
               (3)  is not:
                     (A)  on the person's own premises or premises
  under the person's control; or
                     (B)  inside of or directly en route to a motor
  vehicle or watercraft that is owned by the person or under the
  person's control.
         (a-1)  A person commits an offense if the person
  intentionally, knowingly, or recklessly carries on or about his or
  her person a handgun in a motor vehicle or watercraft that is owned
  by the person or under the person's control at any time in which:
               (1)  the handgun is in plain view, unless the person is
  18 [21] years of age or older [or is licensed to carry a handgun
  under Subchapter H, Chapter 411, Government Code,] and the handgun
  is carried in a holster; or
               (2)  the person is:
                     (A)  engaged in criminal activity, other than a
  Class C misdemeanor that is a violation of a law or ordinance
  regulating traffic or boating; or
                     (B)  prohibited by law from possessing a firearm.
         SECTION 7.  The following provisions of the Government Code
  are repealed:
               (1)  Sections 411.172(g), (h), and (i); and
               (2)  Section 411.1735.
         SECTION 8.  A handgun license that bears a protective order
  designation under former Section 411.1735, Government Code, as
  repealed by this Act, and that is valid on the effective date of
  this Act remains valid until the 22nd birthday of the license
  holder, regardless of whether the license holder continues to be
  protected under a protective order described by former Section
  411.172(i), Government Code, as repealed by this Act. A license
  holder described by this section may apply for a handgun license
  that does not bear the protective order designation by using the
  renewal procedure under Section 411.185, Government Code,
  regardless of whether the license that bears the designation has
  expired or is about to expire.
         SECTION 9.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 10.  This Act takes effect September 1, 2025.