BILL ANALYSIS

C.S.H.B. 47

By: Flynn

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law requires the handgun proficiency course for a concealed handgun license to consist of at least 10 and not more than 15 hours of curriculum instruction on weapons-related laws; handgun use, proficiency, and safety; proper handgun storage practices; and nonviolent dispute resolution, in addition to a physical demonstration of proficiency. Interested parties recognize that these licensing statutes were enacted over a decade ago when the course curriculum had not yet been finalized and note the discrepancy between statute-mandated course hours and the actual timed delivery of course curriculum. To address this discrepancy, C.S.H.B. 47 reduces the number of required classroom hours necessary to obtain or renew a concealed handgun license. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 47 amends the Government Code to remove the requirement that a concealed handgun license holder who wishes to renew that license complete a continuing education course in handgun proficiency and to instead require completion of a handgun proficiency course required for obtaining an original concealed handgun license. The bill clarifies that the part of the handgun proficiency course that includes instruction on certain laws and safety and use procedures is the classroom instruction part of the course. The bill decreases from 10 to six the minimum number of hours of such instruction required to be included in the classroom instruction part of the course and removes the limit on the number of instruction hours. The bill clarifies that instruction on proficiency is not among the topics required to be included in the classroom instruction part of the course.

C.S.H.B. 47 authorizes the Department of Public Safety to offer online or allow a qualified handgun instructor to offer online the classroom instruction part of the handgun proficiency course for concealed handgun license holders seeking renewal.

C.S.H.B. 47 repeals Section 411.188(c), Government Code.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 47 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 411.185(a), Government Code, is amended.	SECTION 1. Same as introduced version.
SECTION 2.  Sections 411.188(a), (b), and (j), Government Code, are amended 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 or renew 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 the applicable category of 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. (b)  Only [a] qualified handgun instructors [instructor] may administer the classroom instruction part or the range instruction part of the [a] handgun proficiency course. The classroom instruction part of the [handgun proficiency] course must include at least four [10] hours [and not more than 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. (j)  For license holders seeking to renew their licenses, the [The] department may offer online, or allow a qualified handgun instructor to offer online, the classroom instruction part of the handgun proficiency [continuing education instruction] course and the written section of the proficiency examination [required to renew a license].	SECTION 2.  Sections 411.188(a), (b), and (j), Government Code, are amended 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 or renew 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 the applicable category of 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. (b)  Only [a] qualified handgun instructors [instructor] may administer the classroom instruction part or the range instruction part of the [a] handgun proficiency course. The classroom instruction part of the [handgun proficiency] course must include at least six [10] hours [and not more than 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. (j)  For license holders seeking to renew their licenses, the [The] department may offer online, or allow a qualified handgun instructor to offer online, the classroom instruction part of the handgun proficiency [continuing education instruction] course and the written section of the proficiency examination [required to renew a license].
SECTION 3.  Section 411.188(c), Government Code, is repealed.	SECTION 3. Same as introduced version.
SECTION 4.  The change in law made by this Act applies only to an application to obtain or renew 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 governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.	SECTION 4. Same as introduced version.
SECTION 5.  This Act takes effect September 1, 2013.	SECTION 5. Same as introduced version.