83R20162 ADM-D
By: Campbell S.B. No. 864
(Flynn, White, Cook, et al.)
Substitute the following for S.B. No. 864: No.
A BILL TO BE ENTITLED
AN ACT
relating to a handgun proficiency course that is taken to obtain or
renew a concealed handgun license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.185(a), Government Code, is amended
to read as follows:
(a) To renew a license, a license holder must:
(1) complete a [continuing education course in]
handgun proficiency course under Section 411.188(a) [411.188(c)]
within the six-month period preceding:
(A) the date of application for renewal, for a
first or second renewal; and
(B) the date of application for renewal or the
date of application for the preceding renewal, for a third or
subsequent renewal, to ensure that the license holder is not
required to complete the course more than once in any 10-year
period; and
(2) submit to the department:
(A) an application for renewal on a form provided
by the department;
(B) evidence of handgun proficiency, in the form
and manner required by the department;
(C) payment of a nonrefundable renewal fee as set
by the department; and
(D) one or more photographs of the applicant that
meet the requirements of the department.
SECTION 2. Sections 411.188(a), (b), and (j), Government
Code, are amended 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 or renew 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 the applicable category of
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.
(b) Only [a] qualified handgun instructors [instructor] may
administer the classroom instruction part or the range instruction
part of the [a] handgun proficiency course. The classroom
instruction part of the [handgun proficiency] course must include
at least six [10] hours [and not more than 15 hours] of instruction
on:
(1) the laws that relate to weapons and to the use of
deadly force;
(2) handgun use[, proficiency,] and safety;
(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.
(j) For license holders seeking to renew their licenses, the
[The] department may offer online, or allow a qualified handgun
instructor to offer online, the classroom instruction part of the
handgun proficiency [continuing education instruction] course and
the written section of the proficiency examination [required to
renew a license].
SECTION 3. Section 411.188(c), Government Code, is
repealed.
SECTION 4. The change in law made by this Act applies only
to an application to obtain or renew a license to carry a concealed
handgun submitted on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.