83R20162 ADM-D
 
  By: Campbell S.B. No. 864
 
  (Flynn, White, Cook, et al.)
 
  Substitute the following for S.B. No. 864:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a handgun proficiency course that is taken to obtain or
  renew a concealed handgun license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.185(a), Government Code, is amended
  to read as follows:
         (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.  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 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.