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.