 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
GOVERNMENT CODE |
|
Title 4. EXECUTIVE BRANCH |
|
Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION |
|
Chapter 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS |
|
Subchapter H. LICENSE TO CARRY A CONCEALED HANDGUN |
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 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 instructor may administer a handgun proficiency course. The handgun proficiency course must include at least 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.
(c) The department by rule shall develop a continuing education course in handgun proficiency for a license holder who wishes to renew a license. Only a qualified handgun instructor may administer the continuing education course. The course must include:
(1) at least four hours of instruction on one or more of the subjects listed in Subsection (b); and
(2) other information the director determines is appropriate.
(d) Only a qualified handgun instructor may administer the proficiency examination to obtain or to renew 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 of specific categories and in handgun safety procedures.
(e) Only a qualified handgun instructor may administer the proficiency examination to modify a license. The proficiency examination must include a physical demonstration of the proficiency in the use of one or more handguns of specific categories and in handgun safety procedures.
(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 or renew a license to carry a concealed handgun must apply in person to a qualified handgun instructor to take the appropriate course in handgun proficiency and demonstrate handgun proficiency as required by the department.
(h) A license holder who wishes to modify a license to allow the license holder to carry a handgun of a different category than the license indicates must apply in person to a qualified handgun instructor to demonstrate the required knowledge and proficiency in that category.
(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. A qualified handgun instructor shall make available for inspection to the department any and all records maintained by a qualified handgun instructor under this subchapter. The qualified handgun instructor shall keep a record of all information required by department rule.
(j) The department may offer online, or allow a qualified handgun instructor to offer online, the continuing education instruction course and written section of the proficiency examination required to renew a license.
(k) A qualified handgun instructor may submit to the department a written recommendation for disapproval of the application for a license, renewal, 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.