85R21836 ADM-F
By: Holland, King of Parker, Price, Wray, H.B. No. 3784
et al.
A BILL TO BE ENTITLED
AN ACT
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 [or the range instruction
part] of the handgun proficiency course. The classroom instruction
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 [Only] a
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 [appropriate course in]
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 [a qualified
handgun] instructor or course provider under this subchapter. The
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
[list] available on the department's Internet website.
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, [or] a qualified handgun instructor,
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, [or]
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.