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Selected Date: 7/13/2018
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Government Code 411.190 on 7/13/2018

	
					

Sec. 411.190.  QUALIFIED HANDGUN INSTRUCTORS AND APPROVED ONLINE COURSE PROVIDERS. (a)  The director may certify as a qualified handgun instructor a person who:

(1)  is certified by the Texas Commission on Law Enforcement or under Chapter 1702, Occupations Code, to instruct others in the use of handguns;

(2)  regularly instructs others in the use of handguns and has graduated from a handgun instructor school that uses a nationally accepted course designed to train persons as handgun instructors; or

(3)  is certified by the National Rifle Association of America as a handgun instructor.

(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 $40 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.

(d-1)  The department shall ensure that an applicant may renew certification under Subsection (d) from any county in this state by using an online format to complete the required retraining courses if:

(1)  the applicant is renewing certification for the first time; or

(2)  the applicant completed the required retraining courses in person the previous time the applicant renewed certification.

(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.

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. 9.13(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 199, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.758, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.11, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.15, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.007, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.25, eff. May 18, 2013.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 23, eff. January 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 179 (S.B. 16), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1099 (H.B. 3784), Sec. 4, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1099 (H.B. 3784), Sec. 5, eff. September 1, 2017.

The statutes available on this website are current through the 86th Legislature, 2019. The Texas Constitution is current through the amendments approved by voters in November 2019. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, were revised to reflect amendments and to modernize the language.