Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On receipt of 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. The scope of the record check and the investigation are at the sole discretion of the department, except that the director's designee shall complete the record check and investigation not later than the 60th day after the date the department receives the application materials. The department shall send a fingerprint card to the Federal Bureau of Investigation for a national criminal history check of the applicant. On completion of the investigation, the director's designee shall return all materials and the result of the investigation to the appropriate division of the department at its Austin headquarters.
(c) The director's designee may submit to the appropriate division of the department, at the department's Austin headquarters, along with the application materials a written recommendation for disapproval of the application, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of a ground for denial under Section 411.172. The director's designee may also submit the application and the recommendation that the license be issued.
(d) On receipt at the department's Austin headquarters of the application materials and the result of the investigation by the director's designee, the department shall conduct any further record check or investigation the department determines is necessary if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, except that the department shall complete the record check and investigation not later than the 180th day after the date the department receives the application materials from the applicant.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.07(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.05, eff. September 1, 2009.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 411 - Department of Public Safety of the State of Texas
Subchapter H. License to Carry a Handgun
Section 411.1711. Certain Exemptions From Convictions
Section 411.173. Nonresident License
Section 411.1735. Protective Order Designation
Section 411.1741. Voluntary Contribution to Fund for Veterans' Assistance
Section 411.175. Procedures for Submitting Fingerprints
Section 411.176. Review of Application Materials
Section 411.177. Issuance or Denial of License
Section 411.178. Notice to Local Law Enforcement
Section 411.179. Form of License
Section 411.180. Notification of Denial, Revocation, or Suspension of License; Review
Section 411.181. Notice of Change of Information; Duplicate License
Section 411.184. At-Risk Designation
Section 411.184. Training Course for Certain First Responders
Section 411.185. License Renewal Procedure
Section 411.187. Suspension of License
Section 411.1871. Notice of Suspension or Revocation of Certain Licenses
Section 411.188. Handgun Proficiency Requirement
Section 411.1881. Exemption From Instruction for Certain Persons
Section 411.1882. Evidence of Handgun Proficiency for Certain Persons
Section 411.190. Qualified Handgun Instructors and Approved Online Course Providers
Section 411.1901. School Safety Certification for Qualified Handgun Instructors
Section 411.192. Confidentiality of Records
Section 411.193. Statistical Report
Section 411.194. Reduction of Certain Fees Due to Indigency
Section 411.195. Reduction of Certain Fees for Senior Citizens
Section 411.1951. Waiver or Reduction of Fees for Members or Veterans of United States Armed Forces
Section 411.196. Method of Payment
Section 411.198. Law Enforcement Officer Alias Handgun License
Section 411.199. Honorably Retired Peace Officers
Section 411.1991. Peace Officers
Section 411.1992. Former Reserve Law Enforcement Officers
Section 411.1993. County Jailers
Section 411.1994. State Correctional Officers
Section 411.200. Application to Licensed Security Officers
Section 411.201. Active and Retired Judicial Officers
Section 411.202. License a Benefit
Section 411.203. Rights of Employers
Section 411.2031. Carrying of Handguns by License Holders on Certain Campuses
Section 411.204. Notice Required on Certain Premises
Section 411.205. Requirement to Display License
Section 411.206. Seizure of Handgun and License
Section 411.207. Authority of Peace Officer to Disarm
Section 411.208. Limitation of Liability
Section 411.209. Wrongful Exclusion of Handgun License Holder