H.B. No. 3784
AN ACT
relating to certain applications to obtain a license to carry a
handgun and to the associated 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. Section 411.1881(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
a person may not be required to complete the range instruction
portion of a handgun proficiency course to obtain a license issued
under this subchapter if the person:
(1) is currently serving in or is honorably discharged
from:
(A) the army, navy, air force, coast guard, or
marine corps of the United States or an auxiliary service or reserve
unit of one of those branches of the armed forces; or
(B) the Texas military forces, as defined by
Section 437.001; and
(2) has, within the 10 [five] years preceding the date
of the person's application for the license, completed as part of
the person's service with the armed forces or Texas military
forces:
(A) a course of training in firearm [handgun]
proficiency or familiarization; or
(B) a range qualification process for firearm
usage [as part of the person's service with the armed forces or
Texas military forces].
SECTION 4. 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 5. 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 6. 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 7. 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 8. Section 411.1991, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) An applicant under this section who is a peace officer
and who complies with Subsection (a-1) and the other requirements
of this subchapter is not required to complete the handgun
proficiency course described by Section 411.188 to obtain a license
under this subchapter.
SECTION 9. Subchapter H, Chapter 411, Government Code, is
amended by adding Sections 411.1993 and 411.1994 to read as
follows:
Sec. 411.1993. COUNTY JAILERS. (a) In this section,
"county jailer" has the meaning assigned by Section 1701.001,
Occupations Code.
(b) A county jailer who holds a county jailer license issued
under Chapter 1701, Occupations Code, may apply for a license under
this subchapter.
(c) An applicant under this section who is a county jailer
shall submit to the department:
(1) the name and job title of the applicant;
(2) a current copy of the applicant's county jailer
license and evidence of employment as a county jailer; and
(3) evidence that the applicant has satisfactorily
completed the preparatory training program required under Section
1701.310, Occupations Code, including the demonstration of weapons
proficiency required as part of the training program under Section
1701.307 of that code.
(d) The department may issue a license under this subchapter
to an applicant under this section if the applicant complies with
Subsection (c) and meets all other requirements of this subchapter,
except that the applicant is not required to complete the range
instruction part of the handgun proficiency course described by
Section 411.188 if the department is satisfied, on the basis of the
evidence provided under Subsection (c)(3), that the applicant is
proficient in the use of handguns.
(e) The department shall waive any fee required for a
license issued under this subchapter to an applicant under this
section.
(f) A license issued to an applicant under this section
expires as provided by Section 411.183.
Sec. 411.1994. STATE CORRECTIONAL OFFICERS. (a) A
correctional officer of the Texas Department of Criminal Justice
may apply for a license under this subchapter.
(b) An applicant under this section shall submit to the
department:
(1) the name and job title of the applicant;
(2) evidence of employment as a correctional officer
of the Texas Department of Criminal Justice; and
(3) evidence that the applicant has satisfactorily
completed the correctional officer training program offered by the
Texas Department of Criminal Justice, including a demonstration of
weapons proficiency.
(c) The department may issue a license under this subchapter
to an applicant under this section if the applicant complies with
Subsection (b) and meets all other requirements of this subchapter,
except that the applicant is not required to complete the range
instruction part of the handgun proficiency course described by
Section 411.188 if the department is satisfied, on the basis of the
evidence provided under Subsection (b)(3), that the applicant is
proficient in the use of handguns.
(d) The department shall waive any fee required for a
license issued under this subchapter to an applicant under this
section.
(e) A license issued to an applicant under this section
expires as provided by Section 411.183.
SECTION 10. 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 11. Section 411.1952, Government Code, is repealed.
SECTION 12. Not later than December 1, 2017, the public
safety director of the Department of Public Safety shall adopt the
forms and procedures required by Section 411.1881, Government Code,
as amended by this Act.
SECTION 13. The change in law made by this Act in amending
Section 411.1881, Government Code, applies only to an application
to obtain a license to carry a handgun submitted on or after
December 1, 2017. An application submitted before December 1,
2017, is governed by the law in effect on the date the application
was submitted, and the former law is continued in effect for that
purpose.
SECTION 14. The changes in law made by this Act in amending
Section 411.1991, Government Code, adding Sections 411.1993 and
411.1994, Government Code, and repealing Section 411.1952,
Government Code, apply only to a license issued on or after the
effective date of this Act.
SECTION 15. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3784 was passed by the House on May 3,
2017, by the following vote: Yeas 139, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3784 on May 24, 2017, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3784 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor