Return to “CHL Improvements in DPS Sunset Bill”
I posted it all here:USMC-COL wrote:"
I missed the part about anything concerning the 51% Signage Bill. Is there a reference or can someone enlighten me?
Also in this sunset bill is an apparent solution to the above 'background check delay' problem!Just want to let you know that I have sent a e-mail to the Department of
Public Safety asking someone to please check the status of your
application and to give me a call. Just to let you know. DPS was
beginning to see a slow-down about a month ago and for some unknown
reason they are once again seeing a large spike in new applications. The
problem is the security clearance. A commissioned officer is the only
one that can run a background check. I will let you know as soon as I
get a call-back.
Barbara Lewis
Constituent Services Director
Senate District 11
Although we did not see all the bills passed that we wanted to this session, The above 2 items, combined with the relaxed application restrictions mentioned by Charles, and the passage of the 51% Signage bill, represents a Very Significant 'win' for us CHL'ers!SECTION 11.05. Section 411.176, Government Code, is amended to read as follows:
Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On receipt of [the] application materials by the department at its Austin headquarters, the department shall conduct the appropriate criminal history record check of the applicant through its computerized criminal history system. Not later than the 30th day after the date the department receives the application materials, the department shall forward the materials to the director's designee in the geographical area of the applicant's residence so that the designee may conduct the investigation described by Subsection (b). For purposes of this section, the director's designee may be a noncommissioned employee of the department.
(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.
...
We're moving in the right direction, just need to keep up the momentum in 2011!
ARTICLE 12A. DISPLAY OF LICENSE TOCARRY A CONCEALED HANDGUN
SECTION 12A.01. Sections 411.187(a) and (c), Government Code, are amended to read as follows:
(a) A license may be suspended under this section if the license holder:
(1) is charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;
(2) [fails to display a license as required by Section 411.205;]
...
SECTION 12A.02. Section 411.205, Government Code, is amended to read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY [DISPLAYING] LICENSE[; PENALTY].
[(a)] 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 both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. [A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
[(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.]
SECTION 12A.03. An offense under Section 411.205, Government Code, may not be prosecuted after the effective date of this article. If, on the effective date of this article, a criminal action is pending for an offense under Section 411.205, the action is dismissed on that date. However, a final conviction for an offense under Section 411.205 that exists on the effective date of this article is unaffected by this article.
SECTION 12A.04. This article takes effect September 1, 2009.
Basically, as I read it. If you forget(intentionally or not) to display it after this takes effect, a few things will probably happen.jorge wrote:You know how DPS is supposed to issue licenses in 60 days? It's kind of like that.nitrogen wrote:What does this mean exactly?Charles L. Cotton wrote: 2. You still have a duty to display your CHL when asked for ID by a LEO, but the penalty for failing to do so was repealed. (Remember, this doesn't go into effect until Sept. 1, 2009, nor am I suggesting that you ignore this duty.)
does it mean there's no legal penalty (i.e. no longer a misdemeanor) or an administrative one (suspension of CHL)
