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. Indigence 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.
   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 indigence. An applicant may demonstrate indigence 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 (now codified as Occupations Code, Chapter 1701), and who has been employed full-time as a peace officer by a law enforcement agency may apply for a license upon 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 eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and
         3. (iii) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.
      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 (now codified as Occupations Code, §1701.355). 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, including two complete sets of legible and classifiable fingerprints.

      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 federal peace officer. A retired officer of the United States who was eligible to carry a firearm in the discharge of his official duties 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 federal officer 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 Peace Officer.

   1. (1) Eligibility. A person who is licensed as a peace officer under Texas Government Code, Chapter 415 (now codified as Occupations Code, Chapter 1701), and is employed full-time as a peace officer by a law enforcement agency may apply for a license.
   2. (2) Proficiency. To obtain a license under this subsection, an active peace officer must maintain, for the category of weapon licensed, the proficiency required for a peace officer under Texas Government Code, §415.035 (now codified as Occupations Code, §1701.355). In lieu of a standard certificate of proficiency, an active 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). An applicant who submits evidence of proficiency under this paragraph is not required to apply for or attend a course of instruction.

   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, including two complete sets of legible and classifiable fingerprints.

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

         1. (i) the name and rank of the applicant;
         2. (ii) whether the applicant has been accused of misconduct at any time during the applicant's period of employment with the agency and the disposition of that accusation;
         3. (iii) a description of the physical and mental condition of the applicant;
         4. (iv) a list of the types of weapons the applicant has demonstrated proficiency with during the preceding year; and
         5. (v) a recommendation from the agency head that a license be issued to the person.
      4. (D) Reduced fee. The fee for a license issued under this subsection shall be $25.

6. (f) 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.
7. (g) 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 the fee for a license issued under this subsection shall be $25.
8. (h) 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.

9. (i) Non-resident licenses.

   1. (1) Eligibility. The department shall issue a license to a legal resident of another state if:

      1. (A) the applicant's state of residence does not provide for the issuance of a license to carry a concealed handgun; and
      2. (B) the applicant meets the eligibility requirements of the Act, other than the residency requirement.
   2. (2) Application and fee. An applicant who is a legal resident of another state shall submit the basic application materials and pay an application fee of $140.
   3. (3) If a Texas resident license holder moves to a state that does not provide for the issuance of a license to carry a concealed handgun, the license holder may submit a change of address form to the department to reflect the new out-of-state address. If the Texas license holder moves to a state which provides for the issuance of a license to carry a concealed handgun, the license holder must surrender the license to the department. If the license holder does not surrender the license, the department will revoke the license.

   4. (4) If a state whose residents previously qualified for a Texas non-resident license subsequently enacts a law providing for the issuance of a license to carry a concealed handgun, any license issued to a resident of that state:

      1. (A) remains in effect until the license expires; and
      2. (B) may be renewed until the governor negotiates an agreement to recognize a license issued by the other state in this state or issues a proclamation that a license issued by the other state is recognized in this state.

10. (j) Instructor applicants.

    1. (1) Eligibility. To be eligible to be a certified handgun instructor, an 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. Initial and renewal instructor applicants will have two notified scheduled opportunities to attend respective classes in Austin. Upon not attending by the second opportunity, the $100 application renewal fee shall be forfeited; 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.

11. (k) Reciprocal agreements.

    1. (1) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of this state determines that a background check of each applicant for a license issued by that state is conducted by state or local authorities or an agent of the state or local authorities before the license is issued to determine the applicant's eligibility to possess a firearm under federal law.
    2. (2) A resident of a state issuing a concealed handgun license recognized in this state by agreement or proclamation may not be issued a Texas license; however, if the resident has a valid license from his issuing state, the license will be honored in Texas.

Source Note:The provisions of this §6.16 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective February 2, 1999, 24 TexReg 587; amended to be effective August 19, 1999, 24 TexReg 6307; amended to be effective December 25, 2003, 28 TexReg 11340.