85R21836 ADM-F
 
  By: Holland, King of Parker, Price, Wray, H.B. No. 3784
      et al.
 
  Substitute the following for H.B. No. 3784:
 
  By:  Metcalf C.S.H.B. No. 3784
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to persons approved by the Department of Public Safety to
  administer online the classroom instruction part of the handgun
  proficiency course.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.171, Government Code, is amended by
  adding Subdivision (1) to read as follows:
               (1)  "Approved online course provider" means a person
  who is certified by the department to offer in an online format the
  classroom instruction part of the handgun proficiency course and to
  administer the associated written exam.
         SECTION 2.  Section 411.188, Government Code, is amended by
  amending Subsections (a), (b), (d), (g), and (i) and adding
  Subsections (c), (d-1), (e), and (j) 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 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 a 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 or approved online course provider seeking to administer
  the course or a part of the course as described by Subsection (b).
         (b)  Only qualified handgun instructors may administer the
  range instruction part of the handgun proficiency course.  A
  qualified handgun instructor or approved online course provider may
  administer the classroom instruction part [or the range instruction
  part] of the handgun proficiency course. The classroom instruction
  part of the course must include not less than four hours and not
  more than six hours of instruction on:
               (1)  the laws that relate to weapons and to the use of
  deadly force;
               (2)  handgun use and safety, including use of restraint
  holsters and methods to ensure the secure carrying of openly
  carried handguns;
               (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)  An approved online course provider shall administer the
  classroom instruction part of the handgun proficiency course in an
  online format.  A course administered online must include not less
  than four hours and not more than six hours of instruction.
         (d)  Except as provided by Subsection (e), only [Only] a
  qualified handgun instructor may administer the proficiency
  examination to obtain a license.  The proficiency examination must
  include:
               (1)  a written section on the subjects listed in
  Subsection (b); and
               (2)  a physical demonstration of proficiency in the use
  of one or more handguns and in handgun safety procedures.
         (d-1)  A qualified handgun instructor shall require an
  applicant who successfully completed an online version of the
  classroom instruction part of the handgun proficiency course to
  complete not less than one hour but not more than two hours of the
  range instruction part of the handgun proficiency course before
  allowing a physical demonstration of handgun proficiency as
  described by Subsection (d)(2).
         (e)  An approved online course provider may administer
  online through a secure portal the written portion of the
  proficiency examination described by Subsection (d)(1).
         (g)  A person who wishes to obtain a license to carry a
  handgun must apply in person to a qualified handgun instructor to
  take the range instruction part of the [appropriate course in]
  handgun proficiency course and to demonstrate handgun proficiency
  as required by the department. A person must apply in person to a
  qualified handgun instructor or online to an approved online course
  provider, as applicable, to take the classroom instruction part of
  the handgun proficiency course.
         (i)  A certified firearms instructor of the department may
  monitor any class or training presented by a qualified handgun
  instructor. A qualified handgun instructor shall cooperate with
  the department in the department's efforts to monitor the
  presentation of training by the qualified handgun instructor.
         (j)  A qualified handgun instructor or approved online
  course provider shall make available for inspection to the
  department any and all records maintained by the [a qualified
  handgun] instructor or course provider under this subchapter.  The
  qualified handgun instructor or approved online course provider
  shall keep a record of all information required by department rule.
         SECTION 3.  The heading to Section 411.190, Government Code,
  is amended to read as follows:
         Sec. 411.190.  QUALIFIED HANDGUN INSTRUCTORS AND APPROVED
  ONLINE COURSE PROVIDERS.
         SECTION 4.  Section 411.190, Government Code, is amended by
  adding Subsection (a-1) and amending Subsections (b), (c), (d),
  (e), and (f) to read as follows:
         (a-1)  The director may certify as an approved online course
  provider a person who has:
               (1)  at least three years of experience in providing
  online instruction;
               (2)  experience working with governmental entities;
  and
               (3)  direct knowledge of handgun training.
         (b)  In addition to the qualifications described by
  Subsection (a) or (a-1), as appropriate, a qualified handgun
  instructor or approved online course provider must be qualified to
  instruct persons in:
               (1)  the laws that relate to weapons and to the use of
  deadly force;
               (2)  handgun use, proficiency, and safety, including
  use of restraint holsters and methods to ensure the secure carrying
  of openly carried handguns;
               (3)  nonviolent dispute resolution; and
               (4)  proper storage practices for handguns, including
  storage practices that eliminate the possibility of accidental
  injury to a child.
         (c)  In the manner applicable to a person who applies for a
  license to carry a handgun, the department shall conduct a
  background check of a person who applies for certification as a
  qualified handgun instructor or approved online course provider.  
  If the background check indicates that the applicant for
  certification would not qualify to receive a handgun license, the
  department may not certify the applicant as a qualified handgun
  instructor or approved online course provider.  If the background
  check indicates that the applicant for certification would qualify
  to receive a handgun license, the department shall provide handgun
  instructor or online course provider training to the
  applicant.  The applicant shall pay a fee of $100 to the department
  for the training.  The applicant must take and successfully
  complete the training offered by the department and pay the
  training fee before the department may certify the applicant as a
  qualified handgun instructor or approved online course
  provider.  The department shall issue a license to carry a handgun
  under the authority of this subchapter to any person who is
  certified as a qualified handgun instructor or approved online
  course provider and who pays to the department a fee of $100 in
  addition to the training fee.  The department by rule may prorate
  or waive the training fee for an employee of another governmental
  entity.
         (d)  The certification of a qualified handgun instructor or
  approved online course provider expires on the second anniversary
  after the date of certification. To renew a certification, the
  qualified handgun instructor or approved online course provider
  must pay a fee of $100 and take and successfully complete the
  retraining courses required by department rule.
         (e)  After certification, a qualified handgun instructor or
  approved online course provider may conduct training for applicants
  for a license under this subchapter.
         (f)  If the department determines that a reason exists to
  revoke, suspend, or deny a license to carry a handgun with respect
  to a person who is a qualified handgun instructor or approved online
  course provider or an applicant for certification as a qualified
  handgun instructor or approved online course provider, the
  department shall take that action against the person's:
               (1)  license to carry a handgun if the person is an
  applicant for or the holder of a license issued under this
  subchapter; and
               (2)  certification as a qualified handgun instructor or
  approved online course provider.
         SECTION 5.  Section 411.191, Government Code, is amended to
  read as follows:
         Sec. 411.191.  REVIEW OF DENIAL, REVOCATION, OR SUSPENSION
  OF CERTIFICATION AS QUALIFIED HANDGUN INSTRUCTOR OR APPROVED ONLINE
  COURSE PROVIDER. The procedures for the review of a denial,
  revocation, or suspension of a license under Section 411.180 apply
  to the review of a denial, revocation, or suspension of
  certification as a qualified handgun instructor or approved online
  course provider. The notice provisions of this subchapter relating
  to denial, revocation, or suspension of handgun licenses apply to
  the proposed denial, revocation, or suspension of a certification
  of a qualified handgun instructor or approved online course
  provider or an applicant for certification as a qualified handgun
  instructor or approved online course provider.
         SECTION 6.  Section 411.192(d), Government Code, is amended
  to read as follows:
         (d)  The department shall make public and distribute to the
  public at no cost lists of individuals who are certified as
  qualified handgun instructors by the department and who request to
  be included as provided by Subsection (e) and lists of approved
  online course providers. The department shall include on the lists
  each individual's name, telephone number, e-mail address, and
  Internet website address. The department shall make the lists 
  [list] available on the department's Internet website.
         SECTION 7.  Sections 411.208(a), (b), and (e), Government
  Code, are amended to read as follows:
         (a)  A court may not hold the state, an agency or subdivision
  of the state, an officer or employee of the state, an institution of
  higher education, an officer or employee of an institution of
  higher education, a private or independent institution of higher
  education that has not adopted rules under Section 411.2031(e), an
  officer or employee of a private or independent institution of
  higher education that has not adopted rules under Section
  411.2031(e), a peace officer, [or] a qualified handgun instructor,
  or an approved online course provider liable for damages caused by:
               (1)  an action authorized under this subchapter or a
  failure to perform a duty imposed by this subchapter; or
               (2)  the actions of an applicant or license holder that
  occur after the applicant has received a license or been denied a
  license under this subchapter.
         (b)  A cause of action in damages may not be brought against
  the state, an agency or subdivision of the state, an officer or
  employee of the state, an institution of higher education, an
  officer or employee of an institution of higher education, a
  private or independent institution of higher education that has not
  adopted rules under Section 411.2031(e), an officer or employee of
  a private or independent institution of higher education that has
  not adopted rules under Section 411.2031(e), a peace officer, [or]
  a qualified handgun instructor, or an approved online course
  provider for any damage caused by the actions of an applicant or
  license holder under this subchapter.
         (e)  The immunities granted under Subsection (a) to a
  qualified handgun instructor or approved online course provider do
  not apply to a cause of action for fraud or a deceptive trade
  practice.
         SECTION 8.  This Act takes effect September 1, 2017.