78R5277 EMT-D

By:  Davis of Dallas                                              H.B. No. 1259



A BILL TO BE ENTITLED

AN ACT

relating to an applicant's eligibility and satisfaction of the 
handgun proficiency requirement to obtain or renew a license to 
carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 411.188(b) and (c), Government Code, 
are amended to read as follows:
	(b)  Only a qualified handgun instructor may administer a 
handgun proficiency course.  The handgun proficiency course must 
include at least 15 [10] hours and not more than 20 [15] hours of 
instruction on:
		(1)  the laws that relate to weapons and to the use of 
deadly force;        
		(2)  handgun use, proficiency, and safety;                                    
		(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)  The department by rule shall develop a continuing 
education course in handgun proficiency for a license holder who 
wishes to renew a license.  Only a qualified handgun instructor may 
administer the continuing education course.  The course must 
include:
		(1)  at least eight [four] hours of instruction on one 
or more of the subjects listed in Subsection (b); and
		(2)  other information the director determines is 
appropriate.              
	SECTION 2.  Section 411.174(a), Government Code, is amended 
to read as follows:
	(a)  An applicant for a license to carry a concealed handgun 
must submit to the director's designee described by Section 
411.176:
		(1)  a completed application on a form provided by the 
department that requires only the information listed in Subsection 
(b);
		(2)  two recent color passport photographs of the 
applicant;                
		(3)  a certified copy of the applicant's birth 
certificate or certified proof of age;
		(4)  proof of residency in this state;                                        
		(5)  two complete sets of legible and classifiable 
fingerprints of the applicant taken by a person appropriately 
trained in recording fingerprints who is employed by a law 
enforcement agency or by a private entity designated by a law 
enforcement agency as an entity qualified to take fingerprints of 
an applicant for a license under this subchapter;
		(6)  a nonrefundable application and license fee of 
$140 paid to the department;
		(7)  a handgun proficiency certificate described by 
Section 411.189;        
		(8)  an affidavit signed by the applicant stating that 
the applicant:       
			(A)  has read and understands each provision of 
this subchapter that creates an offense under the laws of this state 
and each provision of the laws of this state related to use of 
deadly force; and
			(B)  fulfills all the eligibility requirements 
listed under Section 411.172; [and]
		(9)  a form executed by the applicant that authorizes 
the director to make an inquiry into any noncriminal history 
records that are necessary to determine the applicant's eligibility 
for a license under Section 411.172(a); and
		(10) a certificate from a licensed physician whose 
primary practice is in the field of psychiatry or from a licensed 
psychologist stating that:
			(A)  the physician or psychologist conducted an 
interview of the applicant for the purpose of determining whether 
the applicant is capable of exercising sound judgment with respect 
to the proper use and storage of a handgun; and
			(B)  from the information obtained by the 
physician or psychologist during the interview, it appears that the 
applicant is not incapable of exercising such sound judgment.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
application for issuance or renewal of a handgun proficiency 
certificate or a license to carry a concealed handgun submitted on 
or after the effective date of this Act.  An application submitted 
before the effective date of this Act is covered by the law in 
effect when the application was submitted and the former law is 
continued in effect for that purpose.