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.