The department must issue a handgun license when an applicant meets the eligibility rules and submits the required materials, and it may not deny an application arbitrarily.
Sec. 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 Section 411.172; (B) based on the affidavit of the director's designee submitted to the department under Section 411.176(c); or (C) based on the affidavit of the qualified handgun instructor submitted to the department under Section 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. (b-1) If the applicant submits with the completed application materials an application for a designation under Section 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 Section 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 Section 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. 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. 9.08(a), eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.06, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 5, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 20, eff. January 1, 2016. Acts 2021, 87th Leg., R.S., Ch. 821 (H.B. 2675), Sec. 1, eff. September 1, 2021.