Texas DPS proposes citizenship checks for handgun licenses, security guards, and more

AUSTIN, Texas - The Texas Department of Public Safety has proposed new rules that would require applicants who are looking to receive a license to carry, to provide documentation verifying their citizenship, or immigration status, through a federal database.

Handgun license requirements proposed

What we know:

The proposed amendments were published in the April 24 edition of the Texas Register and would require both new and renewed applicants to submit proof of eligibility under federal law. 

SAVE database for citizenship verification

Applicants would be required to use documents verified through the U.S. Department of Homeland Security’s Systematic Alien Verification for Entitlements, or SAVE, program.

The rule changes are intended to ensure compliance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which governs eligibility for certain public benefits, including professional and commercial licenses.

Valid ID for Texas LTC

What they're saying:

Under the proposal, applicants would need to provide one of several forms of identification, among other federally recognized documents:

• REAL ID-compliant driver’s license or identification card,
• a valid U.S. passport,
• a foreign passport with a visa and I-94 form,
• a certified birth certificate,
• a certificate of naturalization or citizenship, or
• a permanent resident card

Amanda Contrino, a senior policy analyst with the Texas DPS’s Regulatory Services Division, said in the proposal that most applicants are expected to already possess the required documentation and, as a result, the agency does not anticipate additional economic costs for most individuals.

The other side:

For those who do not already have qualifying documents, the proposal notes potential costs could include $22 for a certified copy of a Texas birth certificate, $33 for a REAL ID-compliant driver’s license or identification card, and $165 for a U.S. passport.

Texas DPS says the changes are not expected to have adverse economic effects on small businesses, micro-businesses or rural communities. Officials said the rules are necessary to maintain the integrity of the licensing process and comply with federal law.

Impact on security licenses, vehicle inspectors

Dig deeper:

Similar documentation requirements are also proposed across multiple licensing programs administered by the department, including:

• Qualified handgun instructor certification (application and renewal)
• Ignition interlock device vendors (application and renewal for authorization)
• Compassionate-Use (low-THC cannabis) program (registration for employees, managers, owners)
• Vehicle inspection station certification
• Vehicle inspector certification
• Private security licenses, including:Individual security licensesCompany licensesCommissioned security officersGuard companiesLocksmith companiesAlarm companies and alarm training schoolsPrivate investigation companies
• Individual security licenses
• Company licenses
• Commissioned security officers
• Guard companies
• Locksmith companies
• Alarm companies and alarm training schools
• Private investigation companies
• Metals recycling entities (scrap metal businesses) registration

What is the SAVE?

The backstory:

SAVE is an online system administered by U.S. Citizenship and Immigration Services that allows government agencies to verify an applicant’s immigration status or U.S. citizenship. The system does not determine whether someone qualifies for a license or benefit; that decision remains with the issuing agency.

Public comment period, adoption timeline

What's next:

If adopted, the changes would apply to both initial handgun license applications and renewals. 

The earliest possible date for adoption is May 24. The department is accepting public comments on the proposal for 30 days following its publication.

ImmigrationCrime and Public SafetyGun LawsTexasTexas PoliticsU.S. Border Security