| 1 | 1 | | 83R20162 ADM-D |
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| 2 | 2 | | By: Flynn, White, Cook, et al. H.B. No. 47 |
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| 3 | 3 | | Substitute the following for H.B. No. 47: |
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| 4 | 4 | | By: Pickett C.S.H.B. No. 47 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a handgun proficiency course that is taken to obtain or |
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| 10 | 10 | | renew a concealed handgun license. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 411.185(a), Government Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (a) To renew a license, a license holder must: |
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| 15 | 15 | | (1) complete a [continuing education course in] |
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| 16 | 16 | | handgun proficiency course under Section 411.188(a) [411.188(c)] |
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| 17 | 17 | | within the six-month period preceding: |
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| 18 | 18 | | (A) the date of application for renewal, for a |
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| 19 | 19 | | first or second renewal; and |
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| 20 | 20 | | (B) the date of application for renewal or the |
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| 21 | 21 | | date of application for the preceding renewal, for a third or |
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| 22 | 22 | | subsequent renewal, to ensure that the license holder is not |
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| 23 | 23 | | required to complete the course more than once in any 10-year |
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| 24 | 24 | | period; and |
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| 25 | 25 | | (2) submit to the department: |
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| 26 | 26 | | (A) an application for renewal on a form provided |
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| 27 | 27 | | by the department; |
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| 28 | 28 | | (B) evidence of handgun proficiency, in the form |
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| 29 | 29 | | and manner required by the department; |
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| 30 | 30 | | (C) payment of a nonrefundable renewal fee as set |
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| 31 | 31 | | by the department; and |
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| 32 | 32 | | (D) one or more photographs of the applicant that |
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| 33 | 33 | | meet the requirements of the department. |
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| 34 | 34 | | SECTION 2. Sections 411.188(a), (b), and (j), Government |
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| 35 | 35 | | Code, are amended to read as follows: |
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| 36 | 36 | | (a) The director by rule shall establish minimum standards |
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| 37 | 37 | | for handgun proficiency and shall develop a course to teach handgun |
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| 38 | 38 | | proficiency and examinations to measure handgun proficiency. The |
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| 39 | 39 | | course to teach handgun proficiency is required for each person who |
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| 40 | 40 | | seeks to obtain or renew a license and must contain training |
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| 41 | 41 | | sessions divided into two parts. One part of the course must be |
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| 42 | 42 | | classroom instruction and the other part must be range instruction |
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| 43 | 43 | | and an actual demonstration by the applicant of the applicant's |
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| 44 | 44 | | ability to safely and proficiently use the applicable category of |
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| 45 | 45 | | handgun. An applicant must be able to demonstrate, at a minimum, |
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| 46 | 46 | | the degree of proficiency that is required to effectively operate a |
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| 47 | 47 | | handgun of .32 caliber or above. The department shall distribute |
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| 48 | 48 | | the standards, course requirements, and examinations on request to |
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| 49 | 49 | | any qualified handgun instructor. |
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| 50 | 50 | | (b) Only [a] qualified handgun instructors [instructor] may |
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| 51 | 51 | | administer the classroom instruction part or the range instruction |
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| 52 | 52 | | part of the [a] handgun proficiency course. The classroom |
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| 53 | 53 | | instruction part of the [handgun proficiency] course must include |
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| 54 | 54 | | at least six [10] hours [and not more than 15 hours] of instruction |
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| 55 | 55 | | on: |
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| 56 | 56 | | (1) the laws that relate to weapons and to the use of |
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| 57 | 57 | | deadly force; |
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| 58 | 58 | | (2) handgun use[, proficiency,] and safety; |
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| 59 | 59 | | (3) nonviolent dispute resolution; and |
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| 60 | 60 | | (4) proper storage practices for handguns with an |
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| 61 | 61 | | emphasis on storage practices that eliminate the possibility of |
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| 62 | 62 | | accidental injury to a child. |
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| 63 | 63 | | (j) For license holders seeking to renew their licenses, the |
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| 64 | 64 | | [The] department may offer online, or allow a qualified handgun |
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| 65 | 65 | | instructor to offer online, the classroom instruction part of the |
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| 66 | 66 | | handgun proficiency [continuing education instruction] course and |
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| 67 | 67 | | the written section of the proficiency examination [required to |
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| 68 | 68 | | renew a license]. |
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| 69 | 69 | | SECTION 3. Section 411.188(c), Government Code, is |
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| 70 | 70 | | repealed. |
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| 71 | 71 | | SECTION 4. The change in law made by this Act applies only |
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| 72 | 72 | | to an application to obtain or renew a license to carry a concealed |
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| 73 | 73 | | handgun submitted on or after the effective date of this Act. An |
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| 74 | 74 | | application submitted before the effective date of this Act is |
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| 75 | 75 | | governed by the law in effect when the application was submitted, |
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| 76 | 76 | | and the former law is continued in effect for that purpose. |
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| 77 | 77 | | SECTION 5. This Act takes effect September 1, 2013. |
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