Bill Text: TX HB3784 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain applications to obtain a license to carry a handgun and to the associated handgun proficiency course.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3784 Detail]
Download: Texas-2017-HB3784-Introduced.html
Bill Title: Relating to certain applications to obtain a license to carry a handgun and to the associated handgun proficiency course.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3784 Detail]
Download: Texas-2017-HB3784-Introduced.html
85R12764 ADM-F | ||
By: Holland | H.B. No. 3784 |
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relating to persons approved by the Department of Public Safety to | ||
offer an online course for the classroom portion of handgun | ||
proficiency instruction. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.171, Government Code, is amended by | ||
adding Subdivision (1) to read as follows: | ||
(1) "Approved online course provider" means a person | ||
who is certified by the department to offer in an online format the | ||
classroom instruction part of the handgun proficiency course and | ||
administer the associated written exam. | ||
SECTION 2. Section 411.188, Government Code, is amended by | ||
amending Subsections (b), (d), (g), and (i) and adding Subsections | ||
(c), (e), and (j) to read as follows: | ||
(b) Only qualified handgun instructors may administer the | ||
range instruction part of the handgun proficiency course. A | ||
qualified handgun instructor or approved online course provider may | ||
administer the classroom instruction part [ |
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Subsection (c), the [ |
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must include not less than four hours and not more than six hours of | ||
instruction on: | ||
(1) the laws that relate to weapons and to the use of | ||
deadly force; | ||
(2) handgun use and safety, including use of restraint | ||
holsters and methods to ensure the secure carrying of openly | ||
carried handguns; | ||
(3) nonviolent dispute resolution; and | ||
(4) proper storage practices for handguns with an | ||
emphasis on storage practices that eliminate the possibility of | ||
accidental injury to a child. | ||
(c) An approved online course provider shall administer the | ||
classroom instruction part of the handgun proficiency course in an | ||
online format. A course administered online must include at least | ||
six hours of instruction. | ||
(d) Except as provided by Subsection (e), only [ |
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qualified handgun instructor may administer the proficiency | ||
examination to obtain a license. The proficiency examination must | ||
include: | ||
(1) a written section on the subjects listed in | ||
Subsection (b); and | ||
(2) a physical demonstration of proficiency in the use | ||
of one or more handguns and in handgun safety procedures. | ||
(e) An approved online course provider may administer | ||
online the written portion of the proficiency examination described | ||
by Subsection (d)(1) through a secure portal. | ||
(g) A person who wishes to obtain a license to carry a | ||
handgun must apply in person to a qualified handgun instructor to | ||
take the range instruction [ |
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proficiency and demonstrate handgun proficiency as required by the | ||
department. A person may apply in person to a qualified handgun | ||
instructor or online to an approved online course provider, as | ||
applicable, to take the classroom instruction part of the handgun | ||
proficiency course. | ||
(i) A certified firearms instructor of the department may | ||
monitor any class or training presented by a qualified handgun | ||
instructor. A qualified handgun instructor shall cooperate with | ||
the department in the department's efforts to monitor the | ||
presentation of training by the qualified handgun instructor. | ||
(j) A qualified handgun instructor or approved online | ||
course provider shall make available for inspection to the | ||
department any and all records maintained by the [ |
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qualified handgun instructor or approved online course provider | ||
shall keep a record of all information required by department rule. | ||
SECTION 3. The heading to Section 411.190, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.190. QUALIFIED HANDGUN INSTRUCTORS AND APPROVED | ||
ONLINE COURSE PROVIDERS. | ||
SECTION 4. Section 411.190, Government Code, is amended by | ||
adding Subsection (a-1) and amending Subsections (b), (c), (d), | ||
(e), and (f) to read as follows: | ||
(a-1) The director may certify as an approved online course | ||
provider a person who: | ||
(1) has at least three years of experience in | ||
providing online instruction; | ||
(2) has experience working with governmental | ||
entities; and | ||
(3) has direct knowledge of handgun training. | ||
(b) In addition to the qualifications described by | ||
Subsection (a) or (a-1), as appropriate, a qualified handgun | ||
instructor or approved online course provider must be qualified to | ||
instruct persons in: | ||
(1) the laws that relate to weapons and to the use of | ||
deadly force; | ||
(2) handgun use, proficiency, and safety, including | ||
use of restraint holsters and methods to ensure the secure carrying | ||
of openly carried handguns; | ||
(3) nonviolent dispute resolution; and | ||
(4) proper storage practices for handguns, including | ||
storage practices that eliminate the possibility of accidental | ||
injury to a child. | ||
(c) In the manner applicable to a person who applies for a | ||
license to carry a handgun, the department shall conduct a | ||
background check of a person who applies for certification as a | ||
qualified handgun instructor or approved online course provider. | ||
If the background check indicates that the applicant for | ||
certification would not qualify to receive a handgun license, the | ||
department may not certify the applicant as a qualified handgun | ||
instructor or approved online course provider. If the background | ||
check indicates that the applicant for certification would qualify | ||
to receive a handgun license, the department shall provide handgun | ||
instructor or online course provider training to the | ||
applicant. The applicant shall pay a fee of $100 to the department | ||
for the training. The applicant must take and successfully | ||
complete the training offered by the department and pay the | ||
training fee before the department may certify the applicant as a | ||
qualified handgun instructor or approved online course | ||
provider. The department shall issue a license to carry a handgun | ||
under the authority of this subchapter to any person who is | ||
certified as a qualified handgun instructor or approved online | ||
course provider and who pays to the department a fee of $100 in | ||
addition to the training fee. The department by rule may prorate | ||
or waive the training fee for an employee of another governmental | ||
entity. | ||
(d) The certification of a qualified handgun instructor or | ||
approved online course provider expires on the second anniversary | ||
after the date of certification. To renew a certification, the | ||
qualified handgun instructor or approved online course provider | ||
must pay a fee of $100 and take and successfully complete the | ||
retraining courses required by department rule. | ||
(e) After certification, a qualified handgun instructor or | ||
approved online course provider may conduct training for applicants | ||
for a license under this subchapter. | ||
(f) If the department determines that a reason exists to | ||
revoke, suspend, or deny a license to carry a handgun with respect | ||
to a person who is a qualified handgun instructor or approved online | ||
course provider or an applicant for certification as a qualified | ||
handgun instructor or approved online course provider, the | ||
department shall take that action against the person's: | ||
(1) license to carry a handgun if the person is an | ||
applicant for or the holder of a license issued under this | ||
subchapter; and | ||
(2) certification as a qualified handgun instructor or | ||
approved online course provider. | ||
SECTION 5. The heading to Section 411.1901, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.1901. SCHOOL SAFETY CERTIFICATION FOR QUALIFIED | ||
HANDGUN INSTRUCTORS AND APPROVED ONLINE COURSE PROVIDERS. | ||
SECTION 6. Sections 411.1901(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The department shall establish a process to enable | ||
qualified handgun instructors and approved online course providers | ||
certified under Section 411.190 to obtain an additional | ||
certification in school safety. The process must include a school | ||
safety certification course that provides training in the | ||
following: | ||
(1) the protection of students; | ||
(2) interaction of license holders with first | ||
responders; | ||
(3) tactics for denying an intruder entry into a | ||
classroom or school facility; and | ||
(4) methods for increasing a license holder's accuracy | ||
with a handgun while under duress. | ||
(c) A qualified handgun instructor or approved online | ||
course provider certified in school safety under this section may | ||
provide school safety training, including instruction in the | ||
subjects listed under Subsection (a), to employees of a school | ||
district or an open-enrollment charter school who hold a license to | ||
carry a handgun issued under this subchapter. An approved online | ||
course provider shall provide the training and instruction under | ||
this section online. | ||
SECTION 7. Section 411.191, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.191. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION | ||
OF CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR OR APPROVED ONLINE | ||
COURSE PROVIDER. The procedures for the review of a denial, | ||
revocation, or suspension of a license under Section 411.180 apply | ||
to the review of a denial, revocation, or suspension of | ||
certification as a qualified handgun instructor or approved online | ||
course provider. The notice provisions of this subchapter relating | ||
to denial, revocation, or suspension of handgun licenses apply to | ||
the proposed denial, revocation, or suspension of a certification | ||
of a qualified handgun instructor or approved online course | ||
provider or an applicant for certification as a qualified handgun | ||
instructor or approved online course provider. | ||
SECTION 8. Section 411.192(d), Government Code, is amended | ||
to read as follows: | ||
(d) The department shall make public and distribute to the | ||
public at no cost lists of individuals who are certified as | ||
qualified handgun instructors by the department and who request to | ||
be included as provided by Subsection (e) and lists of approved | ||
online course providers. The department shall include on the lists | ||
each individual's name, telephone number, e-mail address, and | ||
Internet website address. The department shall make the list | ||
available on the department's Internet website. | ||
SECTION 9. Sections 411.208(a), (b), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) A court may not hold the state, an agency or subdivision | ||
of the state, an officer or employee of the state, an institution of | ||
higher education, an officer or employee of an institution of | ||
higher education, a private or independent institution of higher | ||
education that has not adopted rules under Section 411.2031(e), an | ||
officer or employee of a private or independent institution of | ||
higher education that has not adopted rules under Section | ||
411.2031(e), a peace officer, [ |
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or an approved online course provider liable for damages caused by: | ||
(1) an action authorized under this subchapter or a | ||
failure to perform a duty imposed by this subchapter; or | ||
(2) the actions of an applicant or license holder that | ||
occur after the applicant has received a license or been denied a | ||
license under this subchapter. | ||
(b) A cause of action in damages may not be brought against | ||
the state, an agency or subdivision of the state, an officer or | ||
employee of the state, an institution of higher education, an | ||
officer or employee of an institution of higher education, a | ||
private or independent institution of higher education that has not | ||
adopted rules under Section 411.2031(e), an officer or employee of | ||
a private or independent institution of higher education that has | ||
not adopted rules under Section 411.2031(e), a peace officer, [ |
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a qualified handgun instructor, or an approved online course | ||
provider for any damage caused by the actions of an applicant or | ||
license holder under this subchapter. | ||
(e) The immunities granted under Subsection (a) to a | ||
qualified handgun instructor or approved online course provider do | ||
not apply to a cause of action for fraud or a deceptive trade | ||
practice. | ||
SECTION 10. This Act takes effect September 1, 2017. |