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.