1. (a) Senior citizens. For purposes of this subsection, a person 60 years of age or older is considered a senior citizen and is entitled to a reduced fee. Senior citizens must submit the basic application materials required, except that the department shall reduce by 50% any fee required for the issuance of an original, duplicate, or modified license under the Act.

2. (b) Indigent persons.

   1. (1) Eligibility. The department shall reduce by 50% any fee required for the issuance of an original, duplicate, modified, or renewed license under the Act if the department determines that the applicant or license holder is indigent. Indigency is determined by determining the size of the family unit and the yearly income level of the family unit. For purposes of this subsection, an applicant is indigent if the applicant's income is not more than 100% of the applicable income level established by the federal poverty guidelines according to Figure 1, Federal Poverty Guidelines.
      Attached Graphic
      
   2. (2) Applicants who are indigent must submit the basic application required. In addition, persons applying under this subsection are required to submit proof of indigency. An applicant may demonstrate indigency by producing the applicant's most recent tax return, a recent application for government assistance, or by other means acceptable to the department.

3. (c) Honorably retired peace officer.

   1. (1) Eligibility. A person who is licensed as a peace officer under Texas Government Code, Chapter 415, and who has been employed full-time as a peace officer by a law enforcement agency may apply for a license upon retirement. The application must be made not later than the first anniversary after the date of retirement. The department may issue a license to an applicant who is a retired peace officer if the applicant is:

      1. (A) honorably retired. For purposes of this subsection, "honorably retired" means the applicant:

         1. (i) did not retire in lieu of any disciplinary action;
         2. (ii) was employed as a full-time peace officer for not less than ten years by one agency; and
         3. (iii) is entitled to receive a pension or annuity for service as a law enforcement officer;
      2. (B) is physically fit to possess a handgun; and
      3. (C) is emotionally fit to possess a handgun.
   2. (2) Proficiency. To obtain a license under this subsection, a retired peace officer must maintain, for the category of weapon licensed, the proficiency required for a peace officer under Texas Government Code, §415.035. In lieu of a standard certificate of proficiency, an honorably retired peace officer may submit evidence of proficiency issued by a state or local law enforcement agency, or by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). The department or a local law enforcement agency shall allow a retired peace officer of the department or agency an opportunity to annually demonstrate the required proficiency. The proficiency shall be reported to the department on application and renewal. An applicant who submits evidence of proficiency under this paragraph is not required to apply for or attend a course of instruction with a certified handgun instructor.

   3. (3) Application and fee.

      1. (A) Evidence of proficiency. The applicant shall submit evidence of proficiency issued by a state or local law enforcement agency.
      2. (B) Application materials.

      3. (C) Letter of good standing. In addition to the basic applications required, the applicant shall submit a sworn statement on agency letterhead from the head of the law enforcement agency employing the applicant to state the following:

         1. (i) the name and rank of the applicant;
         2. (ii) the status of the applicant before retirement;
         3. (iii) whether or not the applicant was accused of misconduct at the time of the retirement;
         4. (iv) the physical and mental condition of the applicant;
         5. (v) the type of weapons the applicant had demonstrated proficiency with during the last year of employment;
         6. (vi) whether the applicant would be eligible for reemployment with the agency, and if not, the reasons the applicant is not eligible; and
         7. (vii) a recommendation from the agency head regarding the issuance of a license under the Act.
      4. (D) Reduced fee. The fee for a license issued under this subsection shall be $25.

4. (d) Honorably retired special agent. A retired criminal investigator of the United States who is designated as a "special agent" may apply for a license as an honorably retired peace officer. Except as otherwise provided, the license fee and application procedure for an honorably retired special agent shall be the same as for an honorably retired peace officer. An applicant described by this subsection may submit the application at any time after retirement. The applicant shall submit with the application proper proof of retired status by presenting the following documents prepared by the agency from which the applicant retired:

   1. (1) retirement credentials; and
   2. (2) a letter from the agency head on agency letterhead stating that the applicant retired in good standing.

5. (e) Active judicial officer.

   1. (1) Eligibility. An active judicial officer is eligible for a license to carry a concealed handgun. The department shall issue a license to an active judicial officer who meets the requirements of this subsection.

   2. (2) Application and fee. An applicant for a license who is an active judicial officer must submit the basic application materials required, except that:

      1. (A) the fee for a license issued under this subsection shall be $25;

      2. (B) the classroom instruction part of the proficiency course required for an active judicial officer is not subject to a minimum hour requirement. Applicants who are active judicial officers shall be required to take classroom instruction only on:

         1. (i) handgun use, proficiency, and safety; and
         2. (ii) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.
   3. (3) Renewal. An active judicial officer is not required to attend the classroom instruction part of the continuing education proficiency course to renew a license.

6. (f) Retired judicial officer. The department shall issue a license to a retired judicial officer who meets the requirements of this subsection. An applicant for a license who is a retired judicial officer must submit the basic application materials required, except that:

   1. (1) the fee for a license issued under this subsection shall be $25; and

   2. (2) a retired judicial officer shall be required to take classroom instruction only on:

      1. (A) handgun use, proficiency, and safety; and
      2. (B) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.
7. (g) Felony prosecutor. An attorney who is elected or appointed to represent the state in the prosecution of felony cases is eligible for a license to carry a concealed handgun. The department shall issue a license to carry a concealed handgun under this subsection to an applicant who meets the requirements for an active judicial officer. No fee is required for an original, duplicate, or renewed license for an applicant who meets the requirements of this subsection.

8. (h) Reciprocal licenses for non-residents. On application by a person who has a valid license to carry a concealed handgun issued by another state, the department may issue to the non-resident license holder a reciprocal license without requiring that the person meet eligibility requirements or pay fees otherwise imposed by the Act. Before issuing a reciprocal license, the department must first determine that:

   1. (1) the eligibility requirements imposed by the other state are at least as rigorous as the requirements imposed by the Act; and
   2. (2) the other state provides reciprocal licensing privileges to a person who holds a license issued by the department under the Act and applies for a license in the other state.

9. (i) Instructor applicants.

   1. (1) Eligibility. To be eligible to be a certified handgun instructor, a instructor applicant must be eligible to be licensed to carry a concealed handgun. A certified handgun instructor is not required to be licensed to carry a concealed handgun.

   2. (2) Application and fee. Prior to being accepted for training by the department, an instructor applicant must complete the required application materials and submit these to the department at its headquarters in Austin. An instructor applicant must complete the basic application materials required, except that:

      1. (A) photographs are not required;
      2. (B) the fee for application and training is $100; and
      3. (C) in addition to other required application materials, instructor applicants are required to submit certain additional information required by the department on Form CR-90T, which is adopted for this purpose.
10. (j) Two year licenses. Initial licenses will be issued for either a two year or a four year term. Certain license applicants, randomly selected, will be issued an application for a two year license. The department shall reduce by 50% the fee required for issuance of a two year license. After expiration of the two year license, renewals will be for a four year period.

Source Note:The provisions of this §6.16 adopted to be effective January 8, 1996, 20 TexReg 11128.