§ 411.188 — HANDGUN PROFICIENCY REQUIREMENT.

Texas § 411.188

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 411.188. HANDGUN PROFICIENCY REQUIREMENT. (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. 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 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 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).
(f) The department shall develop and distribute directions and materials for course instruction, test administration, and recordkeeping. All test results shall be sent to the department, and the department shall maintain a record of the results.
(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 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.
(h) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(4), eff. June 14, 2013.
(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 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.
(k) A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license or modification of a license, accompanied by an affidavit stating personal knowledge or naming persons with personal knowledge of facts that lead the instructor to believe that an applicant does not possess the required handgun proficiency. The department may use a written recommendation submitted under this subsection as the basis for denial of a license only if the department determines that the recommendation is made in good faith and is supported by a preponderance of the evidence. The department shall make a determination under this subsection not later than the 45th day after the date the department receives the written recommendation. The 60-day period in which the department must take action under Section 411.177 (b) is extended one day for each day a determination is pending under this subsection.

Legislative History

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a) eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.11(a), eff. Sept. 1, 1999. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 5.10, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 11.13, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 156 (S.B. 864 ), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 156 (S.B. 864 ), Sec. 3, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142 ), Sec. 8, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142 ), Sec. 14(4), eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48 ), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1387 (H.B. 48 ), Sec. 5, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910 ), Sec. 22, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296 ), Sec. 9.005, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296 ), Sec. 9.006, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 527 (S.B. 263 ), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1099 (H.B. 3784 ), Sec. 2, eff. September 1, 2017.