Texas 2017 - 85th Regular

Texas House Bill HB3784 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3784
	1	+	By: Holland, et al. H.B. No. 3784
	2	+	(Senate Sponsor - Taylor of Collin)
	3	+	(In the Senate - Received from the House May 3, 2017;
	4	+	May 5, 2017, read first time and referred to Committee on State
	5	+	Affairs; May 18, 2017, reported favorably by the following vote:
	6	+	Yeas 9, Nays 0; May 18, 2017, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5		-	relating to certain applications to obtain a license to carry a
6		-	handgun and to the associated handgun proficiency course.
	12	+	relating to persons approved by the Department of Public Safety to
	13	+	administer online the classroom instruction part of the handgun
	14	+	proficiency course.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 411.171, Government Code, is amended by
9	17		adding Subdivision (1) to read as follows:
10	18		(1) "Approved online course provider" means a person
11	19		who is certified by the department to offer in an online format the
12	20		classroom instruction part of the handgun proficiency course and to
13	21		administer the associated written exam.
14	22		SECTION 2. Section 411.188, Government Code, is amended by
15	23		amending Subsections (a), (b), (d), (g), and (i) and adding
16	24		Subsections (c), (d-1), (e), and (j) to read as follows:
17	25		(a) The director by rule shall establish minimum standards
18	26		for handgun proficiency and shall develop a course to teach handgun
19	27		proficiency and examinations to measure handgun proficiency. The
20	28		course to teach handgun proficiency is required for each person who
21	29		seeks to obtain a license and must contain training sessions
22	30		divided into two parts. One part of the course must be classroom
23	31		instruction and the other part must be range instruction and an
24	32		actual demonstration by the applicant of the applicant's ability to
25	33		safely and proficiently use a handgun. An applicant must be able to
26	34		demonstrate, at a minimum, the degree of proficiency that is
27	35		required to effectively operate a handgun of .32 caliber or above.
28	36		The department shall distribute the standards, course
29	37		requirements, and examinations on request to any qualified handgun
30	38		instructor or approved online course provider seeking to administer
31	39		the course or a part of the course as described by Subsection (b).
32	40		(b) Only qualified handgun instructors may administer the
33	41		range instruction part of the handgun proficiency course. A
34	42		qualified handgun instructor or approved online course provider may
35	43		administer the classroom instruction part [or the range instruction
36	44		part] of the handgun proficiency course. The classroom instruction
37	45		part of the course must include not less than four hours and not
38	46		more than six hours of instruction on:
39	47		(1) the laws that relate to weapons and to the use of
40	48		deadly force;
41	49		(2) handgun use and safety, including use of restraint
42	50		holsters and methods to ensure the secure carrying of openly
43	51		carried handguns;
44	52		(3) nonviolent dispute resolution; and
45	53		(4) proper storage practices for handguns with an
46	54		emphasis on storage practices that eliminate the possibility of
47	55		accidental injury to a child.
48	56		(c) An approved online course provider shall administer the
49	57		classroom instruction part of the handgun proficiency course in an
50	58		online format. A course administered online must include not less
51	59		than four hours and not more than six hours of instruction.
52	60		(d) Except as provided by Subsection (e), only [Only] a
53	61		qualified handgun instructor may administer the proficiency
54	62		examination to obtain a license. The proficiency examination must
55	63		include:
56	64		(1) a written section on the subjects listed in
57	65		Subsection (b); and
58	66		(2) a physical demonstration of proficiency in the use
59	67		of one or more handguns and in handgun safety procedures.
60	68		(d-1) A qualified handgun instructor shall require an
61	69		applicant who successfully completed an online version of the
62	70		classroom instruction part of the handgun proficiency course to
63	71		complete not less than one hour but not more than two hours of the
64	72		range instruction part of the handgun proficiency course before
65	73		allowing a physical demonstration of handgun proficiency as
66	74		described by Subsection (d)(2).
67	75		(e) An approved online course provider may administer
68	76		online through a secure portal the written portion of the
69	77		proficiency examination described by Subsection (d)(1).
70	78		(g) A person who wishes to obtain a license to carry a
71	79		handgun must apply in person to a qualified handgun instructor to
72	80		take the range instruction part of the [appropriate course in]
73	81		handgun proficiency course and to demonstrate handgun proficiency
74	82		as required by the department. A person must apply in person to a
75	83		qualified handgun instructor or online to an approved online course
76	84		provider, as applicable, to take the classroom instruction part of
77	85		the handgun proficiency course.
78	86		(i) A certified firearms instructor of the department may
79	87		monitor any class or training presented by a qualified handgun
80	88		instructor. A qualified handgun instructor shall cooperate with
81	89		the department in the department's efforts to monitor the
82	90		presentation of training by the qualified handgun instructor.
83	91		(j) A qualified handgun instructor or approved online
84	92		course provider shall make available for inspection to the
85	93		department any and all records maintained by the [a qualified
86	94		handgun] instructor or course provider under this subchapter. The
87	95		qualified handgun instructor or approved online course provider
88	96		shall keep a record of all information required by department rule.
89		-	SECTION 3. Section 411.1881(a), Government Code, is amended
90		-	to read as follows:
91		-	(a) Notwithstanding any other provision of this subchapter,
92		-	a person may not be required to complete the range instruction
93		-	portion of a handgun proficiency course to obtain a license issued
94		-	under this subchapter if the person:
95		-	(1) is currently serving in or is honorably discharged
96		-	from:
97		-	(A) the army, navy, air force, coast guard, or
98		-	marine corps of the United States or an auxiliary service or reserve
99		-	unit of one of those branches of the armed forces; or
100		-	(B) the Texas military forces, as defined by
101		-	Section 437.001; and
102		-	(2) has, within the 10 [five] years preceding the date
103		-	of the person's application for the license, completed as part of
104		-	the person's service with the armed forces or Texas military
105		-	forces:
106		-	(A) a course of training in firearm [handgun]
107		-	proficiency or familiarization; or
108		-	(B) a range qualification process for firearm
109		-	usage [as part of the person's service with the armed forces or
110		-	Texas military forces].
111		-	SECTION 4. The heading to Section 411.190, Government Code,
	97	+	SECTION 3. The heading to Section 411.190, Government Code,
112	98		is amended to read as follows:
113	99		Sec. 411.190. QUALIFIED HANDGUN INSTRUCTORS AND APPROVED
114	100		ONLINE COURSE PROVIDERS.
115		-	SECTION 5. Section 411.190, Government Code, is amended by
	101	+	SECTION 4. Section 411.190, Government Code, is amended by
116	102		adding Subsection (a-1) and amending Subsections (b), (c), (d),
117	103		(e), and (f) to read as follows:
118	104		(a-1) The director may certify as an approved online course
119	105		provider a person who has:
120	106		(1) at least three years of experience in providing
121	107		online instruction;
122	108		(2) experience working with governmental entities;
123	109		and
124	110		(3) direct knowledge of handgun training.
125	111		(b) In addition to the qualifications described by
126	112		Subsection (a) or (a-1), as appropriate, a qualified handgun
127	113		instructor or approved online course provider must be qualified to
128	114		instruct persons in:
129	115		(1) the laws that relate to weapons and to the use of
130	116		deadly force;
131	117		(2) handgun use, proficiency, and safety, including
132	118		use of restraint holsters and methods to ensure the secure carrying
133	119		of openly carried handguns;
134	120		(3) nonviolent dispute resolution; and
135	121		(4) proper storage practices for handguns, including
136	122		storage practices that eliminate the possibility of accidental
137	123		injury to a child.
138	124		(c) In the manner applicable to a person who applies for a
139	125		license to carry a handgun, the department shall conduct a
140	126		background check of a person who applies for certification as a
141	127		qualified handgun instructor or approved online course provider.
142	128		If the background check indicates that the applicant for
143	129		certification would not qualify to receive a handgun license, the
144	130		department may not certify the applicant as a qualified handgun
145	131		instructor or approved online course provider. If the background
146	132		check indicates that the applicant for certification would qualify
147	133		to receive a handgun license, the department shall provide handgun
148	134		instructor or online course provider training to the
149	135		applicant. The applicant shall pay a fee of $100 to the department
150	136		for the training. The applicant must take and successfully
151	137		complete the training offered by the department and pay the
152	138		training fee before the department may certify the applicant as a
153	139		qualified handgun instructor or approved online course
154	140		provider. The department shall issue a license to carry a handgun
155	141		under the authority of this subchapter to any person who is
156	142		certified as a qualified handgun instructor or approved online
157	143		course provider and who pays to the department a fee of $100 in
158	144		addition to the training fee. The department by rule may prorate
159	145		or waive the training fee for an employee of another governmental
160	146		entity.
161	147		(d) The certification of a qualified handgun instructor or
162	148		approved online course provider expires on the second anniversary
163	149		after the date of certification. To renew a certification, the
164	150		qualified handgun instructor or approved online course provider
165	151		must pay a fee of $100 and take and successfully complete the
166	152		retraining courses required by department rule.
167	153		(e) After certification, a qualified handgun instructor or
168	154		approved online course provider may conduct training for applicants
169	155		for a license under this subchapter.
170	156		(f) If the department determines that a reason exists to
171	157		revoke, suspend, or deny a license to carry a handgun with respect
172	158		to a person who is a qualified handgun instructor or approved online
173	159		course provider or an applicant for certification as a qualified
174	160		handgun instructor or approved online course provider, the
175	161		department shall take that action against the person's:
176	162		(1) license to carry a handgun if the person is an
177	163		applicant for or the holder of a license issued under this
178	164		subchapter; and
179	165		(2) certification as a qualified handgun instructor or
180	166		approved online course provider.
181		-	SECTION 6. Section 411.191, Government Code, is amended to
	167	+	SECTION 5. Section 411.191, Government Code, is amended to
182	168		read as follows:
183	169		Sec. 411.191. REVIEW OF DENIAL, REVOCATION, OR SUSPENSION
184	170		OF CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR OR APPROVED ONLINE
185	171		COURSE PROVIDER. The procedures for the review of a denial,
186	172		revocation, or suspension of a license under Section 411.180 apply
187	173		to the review of a denial, revocation, or suspension of
188	174		certification as a qualified handgun instructor or approved online
189	175		course provider. The notice provisions of this subchapter relating
190	176		to denial, revocation, or suspension of handgun licenses apply to
191	177		the proposed denial, revocation, or suspension of a certification
192	178		of a qualified handgun instructor or approved online course
193	179		provider or an applicant for certification as a qualified handgun
194	180		instructor or approved online course provider.
195		-	SECTION 7. Section 411.192(d), Government Code, is amended
	181	+	SECTION 6. Section 411.192(d), Government Code, is amended
196	182		to read as follows:
197	183		(d) The department shall make public and distribute to the
198	184		public at no cost lists of individuals who are certified as
199	185		qualified handgun instructors by the department and who request to
200	186		be included as provided by Subsection (e) and lists of approved
201	187		online course providers. The department shall include on the lists
202	188		each individual's name, telephone number, e-mail address, and
203	189		Internet website address. The department shall make the lists
204	190		[list] available on the department's Internet website.
205		-	SECTION 8. Section 411.1991, Government Code, is amended by
206		-	adding Subsection (b-1) to read as follows:
207		-	(b-1) An applicant under this section who is a peace officer
208		-	and who complies with Subsection (a-1) and the other requirements
209		-	of this subchapter is not required to complete the handgun
210		-	proficiency course described by Section 411.188 to obtain a license
211		-	under this subchapter.
212		-	SECTION 9. Subchapter H, Chapter 411, Government Code, is
213		-	amended by adding Sections 411.1993 and 411.1994 to read as
214		-	follows:
215		-	Sec. 411.1993. COUNTY JAILERS. (a) In this section,
216		-	"county jailer" has the meaning assigned by Section 1701.001,
217		-	Occupations Code.
218		-	(b) A county jailer who holds a county jailer license issued
219		-	under Chapter 1701, Occupations Code, may apply for a license under
220		-	this subchapter.
221		-	(c) An applicant under this section who is a county jailer
222		-	shall submit to the department:
223		-	(1) the name and job title of the applicant;
224		-	(2) a current copy of the applicant's county jailer
225		-	license and evidence of employment as a county jailer; and
226		-	(3) evidence that the applicant has satisfactorily
227		-	completed the preparatory training program required under Section
228		-	1701.310, Occupations Code, including the demonstration of weapons
229		-	proficiency required as part of the training program under Section
230		-	1701.307 of that code.
231		-	(d) The department may issue a license under this subchapter
232		-	to an applicant under this section if the applicant complies with
233		-	Subsection (c) and meets all other requirements of this subchapter,
234		-	except that the applicant is not required to complete the range
235		-	instruction part of the handgun proficiency course described by
236		-	Section 411.188 if the department is satisfied, on the basis of the
237		-	evidence provided under Subsection (c)(3), that the applicant is
238		-	proficient in the use of handguns.
239		-	(e) The department shall waive any fee required for a
240		-	license issued under this subchapter to an applicant under this
241		-	section.
242		-	(f) A license issued to an applicant under this section
243		-	expires as provided by Section 411.183.
244		-	Sec. 411.1994. STATE CORRECTIONAL OFFICERS. (a) A
245		-	correctional officer of the Texas Department of Criminal Justice
246		-	may apply for a license under this subchapter.
247		-	(b) An applicant under this section shall submit to the
248		-	department:
249		-	(1) the name and job title of the applicant;
250		-	(2) evidence of employment as a correctional officer
251		-	of the Texas Department of Criminal Justice; and
252		-	(3) evidence that the applicant has satisfactorily
253		-	completed the correctional officer training program offered by the
254		-	Texas Department of Criminal Justice, including a demonstration of
255		-	weapons proficiency.
256		-	(c) The department may issue a license under this subchapter
257		-	to an applicant under this section if the applicant complies with
258		-	Subsection (b) and meets all other requirements of this subchapter,
259		-	except that the applicant is not required to complete the range
260		-	instruction part of the handgun proficiency course described by
261		-	Section 411.188 if the department is satisfied, on the basis of the
262		-	evidence provided under Subsection (b)(3), that the applicant is
263		-	proficient in the use of handguns.
264		-	(d) The department shall waive any fee required for a
265		-	license issued under this subchapter to an applicant under this
266		-	section.
267		-	(e) A license issued to an applicant under this section
268		-	expires as provided by Section 411.183.
269		-	SECTION 10. Sections 411.208(a), (b), and (e), Government
	191	+	SECTION 7. Sections 411.208(a), (b), and (e), Government
270	192		Code, are amended to read as follows:
271	193		(a) A court may not hold the state, an agency or subdivision
272	194		of the state, an officer or employee of the state, an institution of
273	195		higher education, an officer or employee of an institution of
274	196		higher education, a private or independent institution of higher
275	197		education that has not adopted rules under Section 411.2031(e), an
276	198		officer or employee of a private or independent institution of
277	199		higher education that has not adopted rules under Section
278	200		411.2031(e), a peace officer, [or] a qualified handgun instructor,
279	201		or an approved online course provider liable for damages caused by:
280	202		(1) an action authorized under this subchapter or a
281	203		failure to perform a duty imposed by this subchapter; or
282	204		(2) the actions of an applicant or license holder that
283	205		occur after the applicant has received a license or been denied a
284	206		license under this subchapter.
285	207		(b) A cause of action in damages may not be brought against
286	208		the state, an agency or subdivision of the state, an officer or
287	209		employee of the state, an institution of higher education, an
288	210		officer or employee of an institution of higher education, a
289	211		private or independent institution of higher education that has not
290	212		adopted rules under Section 411.2031(e), an officer or employee of
291	213		a private or independent institution of higher education that has
292	214		not adopted rules under Section 411.2031(e), a peace officer, [or]
293	215		a qualified handgun instructor, or an approved online course
294	216		provider for any damage caused by the actions of an applicant or
295	217		license holder under this subchapter.
296	218		(e) The immunities granted under Subsection (a) to a
297	219		qualified handgun instructor or approved online course provider do
298	220		not apply to a cause of action for fraud or a deceptive trade
299	221		practice.
300		-	SECTION 11. Section 411.1952, Government Code, is repealed.
301		-	SECTION 12. Not later than December 1, 2017, the public
302		-	safety director of the Department of Public Safety shall adopt the
303		-	forms and procedures required by Section 411.1881, Government Code,
304		-	as amended by this Act.
305		-	SECTION 13. The change in law made by this Act in amending
306		-	Section 411.1881, Government Code, applies only to an application
307		-	to obtain a license to carry a handgun submitted on or after
308		-	December 1, 2017. An application submitted before December 1,
309		-	2017, is governed by the law in effect on the date the application
310		-	was submitted, and the former law is continued in effect for that
311		-	purpose.
312		-	SECTION 14. The changes in law made by this Act in amending
313		-	Section 411.1991, Government Code, adding Sections 411.1993 and
314		-	411.1994, Government Code, and repealing Section 411.1952,
315		-	Government Code, apply only to a license issued on or after the
316		-	effective date of this Act.
317		-	SECTION 15. This Act takes effect September 1, 2017.
318		-	______________________________ ______________________________
319		-	President of the Senate Speaker of the House
320		-	I certify that H.B. No. 3784 was passed by the House on May 3,
321		-	2017, by the following vote: Yeas 139, Nays 1, 2 present, not
322		-	voting; and that the House concurred in Senate amendments to H.B.
323		-	No. 3784 on May 24, 2017, by the following vote: Yeas 140, Nays 0,
324		-	2 present, not voting.
325		-	______________________________
326		-	Chief Clerk of the House
327		-	I certify that H.B. No. 3784 was passed by the Senate, with
328		-	amendments, on May 22, 2017, by the following vote: Yeas 30, Nays
329		-	1.
330		-	______________________________
331		-	Secretary of the Senate
332		-	APPROVED: __________________
333		-	Date
334		-	__________________
335		-	Governor
	222	+	SECTION 8. This Act takes effect September 1, 2017.
	223	+	* * * * *