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