Bill Text: TX HB3784 | 2017-2018 | 85th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Holland, et al. | H.B. No. 3784 | |
(Senate Sponsor - Taylor of Collin) | ||
(In the Senate - Received from the House May 3, 2017; | ||
May 5, 2017, read first time and referred to Committee on State | ||
Affairs; May 18, 2017, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 18, 2017, sent to printer.) | ||
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relating to persons approved by the Department of Public Safety to | ||
administer online the classroom instruction part of the handgun | ||
proficiency course. | ||
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 to | ||
administer the associated written exam. | ||
SECTION 2. Section 411.188, Government Code, is amended by | ||
amending Subsections (a), (b), (d), (g), and (i) and adding | ||
Subsections (c), (d-1), (e), and (j) to read as follows: | ||
(a) The director by rule shall establish minimum standards | ||
for handgun proficiency and shall develop a course to teach handgun | ||
proficiency and examinations to measure handgun proficiency. The | ||
course to teach handgun proficiency is required for each person who | ||
seeks to obtain a license and must contain training sessions | ||
divided into two parts. One part of the course must be classroom | ||
instruction and the other part must be range instruction and an | ||
actual demonstration by the applicant of the applicant's ability to | ||
safely and proficiently use a handgun. An applicant must be able to | ||
demonstrate, at a minimum, the degree of proficiency that is | ||
required to effectively operate a handgun of .32 caliber or above. | ||
The department shall distribute the standards, course | ||
requirements, and examinations on request to any qualified handgun | ||
instructor or approved online course provider seeking to administer | ||
the course or a part of the course as described by Subsection (b). | ||
(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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part of the course 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 not less | ||
than four hours and not more than 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. | ||
(d-1) A qualified handgun instructor shall require an | ||
applicant who successfully completed an online version of the | ||
classroom instruction part of the handgun proficiency course to | ||
complete not less than one hour but not more than two hours of the | ||
range instruction part of the handgun proficiency course before | ||
allowing a physical demonstration of handgun proficiency as | ||
described by Subsection (d)(2). | ||
(e) An approved online course provider may administer | ||
online through a secure portal the written portion of the | ||
proficiency examination described by Subsection (d)(1). | ||
(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 part of the [ |
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handgun proficiency course and to demonstrate handgun proficiency | ||
as required by the department. A person must 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 has: | ||
(1) at least three years of experience in providing | ||
online instruction; | ||
(2) experience working with governmental entities; | ||
and | ||
(3) 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. 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 6. 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 lists | ||
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SECTION 7. 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 8. This Act takes effect September 1, 2017. | ||
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