Texas Government Code 411.177 – Issuance or Denial of License
(a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.
(b) Except as otherwise provided by Subsection (b-1), the department shall, not later than the 60th day after the date of the receipt by the director’s designee of the completed application materials:
(1) issue the license;
(2) notify the applicant in writing that the application was denied:
(A) on the grounds that the applicant failed to qualify under the criteria listed in § 411.172;
(B) based on the affidavit of the director’s designee submitted to the department under § 411.176(c); or
(C) based on the affidavit of the qualified handgun instructor submitted to the department under § 411.188(k); or
(3) notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the additional period the department will need to make the determination.
Terms Used In Texas Government Code 411.177
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b-1) If the applicant submits with the completed application materials an application for a designation under § 411.184, the department shall, without charging an additional fee, expedite the application. Not later than the 10th day after the receipt of the materials under this subsection, the department shall:
(1) issue the license with the designation; or
(2) notify the applicant in writing that the applicant is not eligible for the designation under § 411.184 and the application for the license will be processed in the regular course of business.
(b-2) Notwithstanding Subsection (b-1), if the department determines that the applicant is eligible for the designation under § 411.184 but is unable to quickly make a determination regarding the issuance or denial of a license to the applicant, the department shall provide written notice of that fact to the applicant and shall include in that notice an explanation of the reason for the inability and an estimation of the additional period the department will need to make the determination.
(b-3) The director shall adopt policies for expedited processing under Subsection (b-1).
(c) Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial, regardless of whether the applicant was eligible for expedited processing of the application under Subsection (b-1).
(d) A license issued under this subchapter is effective from the date of issuance.