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