1-1 By: Goolsby, Allen (Senate Sponsor - Armbrister) H.B. No. 592
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 1999, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; April 30, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a background check of a person who applies for
1-9 certification as a qualified handgun instructor.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 411.190(c), Government Code, is amended
1-12 to read as follows:
1-13 (c) In the manner applicable to a person who applies for a
1-14 license to carry a concealed handgun, the department shall conduct
1-15 a background check of a person who applies for certification as a
1-16 qualified handgun instructor. If the background check indicates
1-17 that the applicant for certification would not qualify to receive a
1-18 handgun license, the department may not certify the applicant as a
1-19 qualified handgun instructor. If the background check indicates
1-20 that the applicant for certification would qualify to receive a
1-21 handgun license, the [The] department shall provide handgun
1-22 instructor training to the applicant [an individual who applies for
1-23 certification as a qualified handgun instructor]. The [An]
1-24 applicant shall pay a fee of $100 to the department for the
1-25 training. The [An] applicant must take and successfully complete
1-26 the training offered by the department and pay the training fee
1-27 before the department may certify the applicant as a qualified
1-28 handgun instructor. The department shall issue a license to carry
1-29 a concealed handgun under the authority of this subchapter to any
1-30 person who is certified as a qualified handgun instructor and who
1-31 pays to the department a fee of $100 in addition to the training
1-32 fee. The department by rule may prorate or waive the training fee
1-33 for an employee of another governmental entity.
1-34 SECTION 2. (a) In accordance with Section 311.031(c),
1-35 Government Code, which gives effect to a substantive amendment
1-36 enacted by the same legislature that codifies the amended statute,
1-37 the text of Section 411.190(c), Government Code, as set out in this
1-38 Act, gives effect to changes made by Section 12, Chapter 1261, Acts
1-39 of the 75th Legislature, Regular Session, 1997.
1-40 (b) To the extent of any conflict, this Act prevails over
1-41 another Act of the 76th Legislature, Regular Session, 1999,
1-42 relating to nonsubstantive additions and corrections in enacted
1-43 codes.
1-44 SECTION 3. The change in law made by this Act applies only
1-45 to an application for certification as a qualified handgun
1-46 instructor that is submitted on or after the effective date of this
1-47 Act. An application for certification as a qualified handgun
1-48 instructor that is submitted before the effective date of this Act
1-49 is covered by the law in effect when the application was submitted,
1-50 and the former law is continued in effect for that purpose.
1-51 SECTION 4. This Act takes effect September 1, 1999.
1-52 SECTION 5. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *