83(R)
SB 864
Relating
to a handgun proficiency course that is taken to obtain or renew a concealed
handgun license.
5/24/2013
E Signed by the Governor
BILL
ANALYSIS
C.S.S.B.
864
By:
Campbell
Committee
Report (Substituted)
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.S.B. 864 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.S.B.
864 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.S.B.
864 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.S.B.
864 repeals Section 411.188(c), Government Code.
EFFECTIVE
DATE
September
1, 2013.
COMPARISON
OF ORIGINAL AND SUBSTITUTE
While
C.S.S.B. 864 may differ from the engrossed version in minor or nonsubstantive
ways, the following comparison is organized and highlighted in a manner that
indicates the substantial differences between the engrossed and committee
substitute versions of the bill.
SENATE
ENGROSSED
(a)
To renew a license, a license holder must:
(1)
complete a [continuing education course in] handgun proficiency course under
Section 411.188(a) [411.188(c)] within the six-month period preceding:
(A)
the date of application for renewal, for a first or second renewal; and
(B)
the date of application for renewal or the date of application for the
preceding renewal, for a third or subsequent renewal, to ensure that the
license holder is not required to complete the course more than once in any
10-year period; and
(2)
submit to the department:
(A)
an application for renewal on a form provided by the department;
(B)
evidence of handgun proficiency, in the form and manner required by the
department;
(C)
payment of a nonrefundable renewal fee as set by the department; and
(D)
one or more photographs of the applicant that meet the requirements of the
department.
SECTION
2. Subsections (a), (b), and (j), Section 411.188, 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 not less than four [at least 10] hours and not
more than six [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].
(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. Subsection (c), Section 411.188, Government Code, is repealed.
SECTION
3. Substantially the same as engrossed 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
5. This Act takes effect September 1, 2013.
SECTION
5. Same as engrossed version.
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