BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 685

79R8392 UM-D                                                                                          By: Rose (Van de Putte)

                                                                                             Veteran Affairs & Military Installations

                                                                                                                                            4/18/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, to obtain or renew a concealed handgun license in Texas, an individual must receive a handgun proficiency certificate from the Department of Public Safety.  This requires the individual to complete both a classroom education session and a handgun range instruction session successfully.

 

However, this process is at times redundant for certain individuals who might already be effectively trained to use handguns.  The largest group of individuals in this category are former members of the military, who often are required to range-qualify in the use of handguns in the course of their military service.

 

H.B. 685 updates the Government Code to allow persons honorably discharged from the Army, Navy, Air Force, Marine Corps, or any auxiliary service who have range-qualified in the use of handguns during the course of their service in the past five years to be exempt from the range instruction requirements for renewal of a license.  H.B. 685 adds to this exemption by waiving the range instruction requirement for obtaining a new concealed handgun license.  However, individuals are still required to take the classroom instruction course.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the director of public safety in SECTION 1 (Section 411.1881, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter H, Chapter 411, Government Code, by adding Section 411.1881, as follows:

 

Sec. 411.1881.  EXEMPTION FROM INSTRUCTION FOR CERTAIN PERSONS.  (a)  Prohibits a person, notwithstanding any other provision of this subchapter, from being required to complete the range instruction portion of a handgun proficiency course to obtain or renew a concealed handgun license issued under this subchapter if the person meets certain requirements. 

 

(b)  Requires the director of public safety (director), by rule, to adopt a procedure by which a license holder who is exempt under Subsection (a) from the range instruction portion of the handgun proficiency requirement may submit a form demonstrating the license holder's qualification for an exemption under that subsection.  Requires the form to provide sufficient information to allow the department to verify whether the license holder qualifies for the exemption. 

 

SECTION 2.   Effective date:  September 1, 2005.