TR-100s ?

[Rusty]

If we do not use TRs in the future.What will be used for proof of passing,and when does it begin?Also,I heard that instuctors now will have to recertify 4 years instead of 2.Then why am I scheduled for a renewal class 9-1-09?

[gpeloq]

I'm sure we will find out at the renewal class but I understand that all forms will be downloadable from the DPS site. We would verify passing by usung our Instructor number and signing. They would cross check with the class completion form we submit.

[TSUalum05]

When will the TR-100 no longer be required? Is there a link or is this hearsay? During my class the DPS instructor's would not verify if they will continue to be required or not. I don't want to buy 100 and they are no longer needed after Sept. 1 when my first class will be Aug 30.

[Rusty]

It is DPS Sunset bill (HB 2730).You can read it on the TSRA website.They are doing away with the TRs and I just got about $200 worth of them and want my money back.DPS is not real good on refunds.

[Greybeard]

I e-mailed Marion the following one week ago today. No reply to date. Why does that not surprise me? Just hit her again with repeat of same.

"I understand the TR-100s may be going away due to changes with "DPS Sunset Bill". Is there any "update" to be made available on the new procedure(s) for those of us who may not take the renewal class until after the new laws go into effect on Sept. 1 ? I'm obviously trying not to have to order unnecessary $5 certificates if they are not going to be required in classes now as little as 7 weeks away."

"

[TSUalum05]

I'm not a lawyer but I skimmed over the entire sunset bill...

Look at 11.05 and 11.21 – I think that may be getting rid of the TR-100…I don’t know…I’ll call the state when I get my instructor’s cert to get clarification

_____________________
ARTICLE 11. ADMINISTRATION OF CERTAIN PROVISIONS AFFECTING THE LICENSING OF PERSONS TO CARRY A CONCEALED HANDGUN

SECTION 11.01. Amends Section 411.1711, Government Code, as follows:

Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. Provides that a person is not convicted, as that term is defined by Section 411.171 (Definitions), if an order of a deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:

(1) an offense under:

(A) Title 5, Penal Code (Offenses Against the Person);
(B) Chapter 25 (Offenses Against the Family) or 29 (Robbery), Penal Code; or
(C) Section 30.02 (Burglary), 38.112 (Violation of Protective Order Issued on Basis of Sexual Assault), 38.17 (Failure to Stop or Report Aggravated Sexual Assault of Child), 42.072 (Stalking), 42.091 (Attack on Assistance Animal), 42.10 (Dog Fighting), 43.04 (Aggravated Promotion of Prostitution), 43.05 (Compelling Prostitution), 43.24(b)(3) (relating to a person committing an offense if he hires, employs, or uses a minor in certain prohibited acts), 43.25 (Sexual Performance by a Child), 43.26 (Possession or Promotion of Child Pornography), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code; or

(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).

SECTION 11.02. Amends Sections 411.172(a), (d), and (e), Government Code, as follows:



(a) Provides that a person is eligible for a license to carry a concealed handgun if the person is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01 (Disorderly Conduct), Penal Code, or equivalent offense, or of a felony under an information or indictment; is not a fugitive form justice for a felony or a Class A or Class B misdemeanor or equivalent offense; and has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, among other offenses.



(d) Provides that for the purposes of Subsection (a)(7) (relating to a person being eligible for a license to carry a concealed handgun if the person is not incapable of exercising sound judgment), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person has been diagnosed with by a licensed physician, determined by a review board or similar authority, or declared by a court to be incompetent to manage the person's own affairs.



(e) Provides that certain evidence constitutes that a person has a psychiatric disorder or condition described by Subsection (d)(1), including involuntary psychiatric hospitalization or psychiatric hospitalization, rather than involuntary psychiatric hospitalization in the preceding five-year period or psychiatric hospitalization in the preceding two-year period.



SECTION 11.03. Amends Section 411.174(a) and (b), Government Code, to require an applicant for a license to carry a concealed handgun to submit to the director's designee described by Section 411.176 one or more photographs of the applicant that meet the requirements of DPS, and evidence of handgun proficiency, in the form and manner required by DPS, among other certain items. Deletes existing text requiring an applicant for a license to carry a concealed handgun to submit to the director's designee described by Section 411.176 two recent color passport photographs of the applicant, except that an applicant who is younger than 21 years of age is required to submit two recent color passport photographs in profile of the applicant, and a handgun proficiency certificate described by Section 411.189.



(b) Requires an applicant to provide on the application a statement of certain information of the applicant, including history, rather than history during the preceding five years, if any, or treatment received by, commitment to, or residence in a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state, but only if the treatment, commitment, or residence occurred during the preceding five years or a psychiatric hospital.



SECTION 11.04. Amends Section 411.176, Government Code, as follows:



Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) Makes a nonsubstantive change. Authorizes the director's designee, for purposes of this section, to be a noncommissioned employee of DPS.



(b) Authorizes the director's designee to access any records necessary for purposes of this subsection.



(c) Creates this subsection from existing text. Authorizes the director's designee, rather than the director's designee in the appropriate geographical area, to submit the application and the recommendation that the license be issued.



(d) Creates this subsection from existing text.



SECTION 11.05. Amends Sections 411.177(a) and (b), Government Code, as follows:



(a) Authorizes DPS to issue a license to carry handguns only of the categories for which the applicant has demonstrated proficiency in the form and manner required by DPS, rather than categories indicated on the applicant's certificate of proficiency issued under Section 411.189.



(b) Require DPS, not later than the 60th day after the date of the receipt by the director's designee of the completed application materials, to notify the applicant in writing that the application was denied based on the affidavit of the director's designee submitted to DPS under Section 411.176(c), rather than Section 411.176(b), or based on the affidavit of the qualified handgun instructor submitted to DPS under Section 411.188(j), rather than Section 411.189(c).



SECTION 11.06. Amends Section 411.184(a), Government Code, to require the license holder, to modify a license to allow a license holder to carry a handgun of a different category than the license indicates, to submit to DPS evidence of handgun proficiency, in the form and manner required by DPS, rather than a copy of the handgun proficiency certificate; and one or more photographs of the license holder that meet the requirements of DPS, rather than two recent color passport photographs of the license holder except that an applicant who is younger than 21 years of age are required to submit two recent color passport photographs in profile of the applicant. Deletes existing text requiring the license holder, to modify a license to allow a license holder to carry a handgun of a different category than the license indicates, to obtain a handgun proficiency certificate under Section 411.189 not more than six months before the date of application for a modified license.



SECTION 11.07. Amends Section 411.185(a), Government Code, to require a license holder, to renew a license, to submit to DPS evidence of handgun proficiency, in the form and manner required by DPS, rather than a copy of the handgun proficiency certificate; and one or more photographs of the applicant that meet the requirements of DPS, rather than two recent color passport photographs of the applicant. Deletes existing text requiring a license holder, to renew a license, to obtain a handgun proficiency certificate under Section 411.189 within the six-month period proceeding the date of application for renewal, for a first or second renewal and 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 obtain the certificate more than once in any 10-year period.



SECTION 11.08. Amends Section 411.186(a), Government Code, to require DPS to revoke a license under this section under certain circumstances, including if the license holder subsequently becomes ineligible for a license under Section 411.172, unless the sole basis for the ineligibility is that the license holder is charged with the commission of a Class A or B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment.



SECTION 11.09. Amends Section 411.187(a) and (c), Government Code, as follows:



(a) Requires DPS to suspend a license under this section, rather than authorizes a license to be suspended under this section, if the license holder is charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or a felony under an information or indictment.



(c) Requires DPS to suspend a license, rather than authorizes a license to be suspended, under this section for not less than one year and not more than three years, if the person's license has been previously suspended for the same reason. Makes nonsubstantive changes.



SECTION 11.10. Amends Section 411.188, Government Code, by amending Subsections (a), (g)-(i) and adding Subsection (k), as follows:



(a) Requires that one part of the course be classroom instruction and the other part 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, rather than use the category of handgun for which the applicant seeks certification. Require an applicant to be able to demonstrate, rather than prohibits an applicant from being certified unless the applicant demonstrates, at a minimum, the degree of proficiency that is required to effectively operate a handgun of .32 caliber or above.



(g) Requires a person who wishes to obtain or renew a license to carry a concealed handgun to apply in person to a qualified handgun instructor to take the appropriate course in handgun proficiency and demonstrate handgun proficiency as required by DPS, rather than demonstrate handgun proficiency and obtain a handgun proficiency certificate as described by Section 411.189.



(h) Requires 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 to apply in person to a qualified handgun instructor to demonstrate the required knowledge and proficiency in that category, rather than required knowledge and proficiency to obtain a handgun proficiency certificate in that category as described by Section 411.189.



(i) Requires the qualified handgun instructor to keep a record of all information required by DPS rule, rather than record of all certificates of handgun proficiency issued by the qualified handgun instructor and other information required by DPS rule.



(k) Authorizes a qualified handgun instructor to submit to DPS 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. Authorizes DPS to use a written recommendation submitted under this subsection as the basis for denial of a license only if DOS determines that the recommendation is made in good faith and is supported by a preponderance of the evidence. Requires DPS to make a determination under this subsection not later than the 45th day after the date DPS receives the written recommendation. Provides that the 60-day period in which DPS is required to take action under Section 411.177(b) is extended one day for each day a determination is pending under this subsection.



SECTION 11.11. Amends Sections 411.199(a) and (e), Government Code, as follows:



(a) Authorizes a person who is licensed as a peace officer under Chapter 1701, Occupations Code, rather than under Chapter 415 (Commission on Law Enforcement Officer Standards and Education [Repealed]), who has been employed full-time as a peace officer by a law enforcement agency to apply for a license under this subchapter at any time after retirement.



(e) Requires a retired peace officer who obtains a license under this subchapter to maintain, for the category of weapon licensed, the proficiency required for a peace officer under Section 1701.355, Occupations Code, rather than Section 415.035.



SECTION 11.12. Amends Section 411.1991(a), Government Code, to authorize a person who is licensed as a peace officer under Chapter 1701, Occupations Code, and is employed full-time as a peace offer by a law enforcement agency to apply for a license under this subchapter. Makes a conforming change.



SECTION 11.13. Amends Sections 411.201(c) and (d), Government Code, as follows:



(c) Provides that a retired judicial officer is eligible for a license to carry a concealed handgun under the authority of this subchapter if the officer has not, in five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense and is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense or a felony under an information or indictment.



(d) Requires an applicant for a license who is an active or retired judicial officer to submit to DPS a complete application, including all required affidavits, on a form prescribed by DPS; one or more photographs of the applicant that meet the requirements of DPS, rather than two recent color passport photographs of the applicant; two complete sets of legible and classifiable fingerprints of the applicant, including one set taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints; and evidence of handgun proficiency, in the form and manner required by DPS for an applicant under this section, rather than a handgun proficiency certificate issued to the applicant as evidence that he applicant successfully completed the proficiency requirements of this subchapter, among other certain information. Deletes existing text requiring an applicant for a license who is an active or retired judicial officer to submit to DPS, if the applicant is a retired judicial officer, two complete sets of legible and classifiable fingerprints of the applicant taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints.



SECTION 11.14. Amends Section 411.208, Government Code, by adding Subsection (e), to provide that the immunities granted under Subsection (a) to a qualified handgun instructor do not apply to a cause of action for fraud or a deceptive trade practice.



SECTION 11.15. Amends Article 17.292(l), Code of Criminal Procedure, to require the magistrate, rather than authorize the magistrate, in the order for emergency protection, to suspend a license to carry a concealed handgun issued under Subchapter H (License to Carry a Concealed Handgun), Chapter 411, Government Code, rather than Section 411.177, Government Code, that is held by the defendant.



SECTION 11.16. Amends Section 57.481(c), Education Code, to require the Texas Guaranteed Student Loan Corporation, to assist the department's determination of eligibility for a handgun license under Subchapter H, Chapter 411, Government Code, to provide to DPS updated information regarding persons who are determined to be in default on a student loan guaranteed by the corporation.



SECTION 11.17. Amends Section 57.491, Education Code, by adding Subsection (f), to prohibit DPS, notwithstanding Subsections (e) (relating to prohibiting a licensing agent from renewing the license of a licensee whose name is on a certain list) and (g) (relating to prohibiting a licensing agent from renewing the license of a licensee who defaults on a repayment agreement), from issuing or renewing the handgun license of an applicant who is determined to be in default on a student loan guaranteed by the corporation unless the applicant presents to DPS a certificate issued by the corporation certifying that the applicant has repaid the student loan in full.



SECTION 11.18. Amends Section 85.255(d), Family Code, to require the court, rather than authorize the court, in a protective order, to suspend a license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence. Makes a conforming change.



SECTION 11.19. Amends Section 12.095(e), Health and Safety Code, to authorize a person who conducts an examination under this subsection to be compelled to testify before the panel and in any subsequent proceedings under Subchapter H, Chapter 411, Government Code, or Subchapter N (General Provisions Relating to License Denial, Suspension, or Revocation), Chapter 521 (Driver's Licenses and Certificates), Transportation Code, as applicable, concerning the person's observations and findings.



SECTION 11.20. Amends Section 12.097(b), Health and Safety Code, to authorize the medical standards division, in subsequent proceeding under Subchapter H, Chapter 411, Government Code, or Subchapter N, Chapter 521, Transportation Code, to provide a copy of the report of the medical advisory board or panel and a medical record or report relating to an applicant or license holder to DPS, the applicant or license holder, and the officer who presides at the hearing.



SECTION 11.21. Repealers: Sections 411.175 (Request for Application Materials), 411.1882 (Exemption from Handgun Proficiency Certificate Requirement for Certain Persons), and 411.189 (Handgun Proficiency Certificate), Government Code.



SECTION 11.22. Makes application of Sections 411.1711, 411.172, and 411.201(c), Government Code, as amended by this article, and Section 57.491, Education Code, as amended by this article, prospective.



SECTION 11.23. Provides that the changes in made by Sections 411.174, 411.176, 411.177, 411.185, 411.188, and 411.201(d), Government Code, as amended by this article, and by the repeal of Sections 411.175, 411.1882, and 411.189, Government Code, apply only to an application for the issuance, modification, or renewal of a license that is submitted to DPS on or after the effective date of this article. Provides that an application submitted before the effective date of this article is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.



SECTION 11.24. Makes application of Sections 411.186 and 411.187, Government Code, Article 17.292, Code of Criminal Procedure, and Section 85.022, Family Code, prospective.



SECTION 11.25. Makes application of Section 411.208, Government Code, as amended by this article, prospective.



SECTION 11.26. Effective date, this article: September 1, 2009.

[Greybeard]

"and by the repeal of Sections 411.175, 411.1882, and 411.189, Government Code, apply only to an application for the issuance, modification, or renewal of a license that is submitted to DPS on or after the effective date of this article."

That, to me, says that they should get their act together to at least give a straight answer to those of us who make a legitimate written request well in advance. Note "should" is the operative word there.

[lrb111]

(c) Creates this subsection from existing text. Authorizes the director's designee, rather than the director's designee in the appropriate geographical area, to submit the application and the recommendation that the license be issued.

That Will speed things up. It means someone in Austin does the county level checking rather than some really slow office in a designated county.

[Crossfire]

"and by the repeal of Sections 411.175, 411.1882, and 411.189, Government Code, apply only to an application for the issuance, modification, or renewal of a license that is submitted to DPS on or after the effective date of this article."

That, to me, says that they should get their act together to at least give a straight answer to those of us who make a legitimate written request well in advance. Note "should" is the operative word there.

It is VERY frustrating to try to guess what DPS will do. Order and pay for TR-100s that you may not be able to use? Or wait and see and hope you don't run out?

On June 26, I emailed the instructor help mailbox "Can you give us any insight as to what will happen with TR-100's after Sept 1, 2009?"

The DPS response was "At this time there has been no mention of if or when this will happen."

[Griz44]

Great. I just bought a batch of them.
I will have classes between now and then, so I would rather spend the 5 bucks per student than not have class.

[gpeloq]

I ordered a bunch. If they do go away, I was afraid Austin would run out prior to the law taking effect and I am out of business until then. If I get stuck with some so be it.

[TSUalum05]

I ordered 20 last week and received them yesterday. Still have to wait on the booklets though