Concealed Handgun Licensing Section

Texas Concealed Handgun Rules

TITLE 37 TEXAS ADMINISTRATIVE CODE

DPS ADMINISTRATIVE RULES

Ch. 6 LICENSE TO CARRY CONCEALED HANDGUN

Subch. A

General Provisions

§6.1.

DEFINITIONS

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

Act--Texas Civil Statutes, Article 4413(29ee).

Active judicial officer--A person serving as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

Applicant--A license applicant or an instructor applicant.

Certified handgun instructor--A qualified handgun instructor.

Chemically dependent person--A person who:

(A) frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented;

(B) has been convicted two times within the ten-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense;

(D) is an addict, as defined by United States Code, §802.

Concealed handgun--A handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

Controlled substance--Has the meaning assigned by 21 United States Code, §802.

Convicted--An adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction for an offense under the laws of this state, another state, or the United States, whether or not:

(A) the imposition of the sentence is subsequently probated and the person is discharged from community supervision; or

(B) the person is pardoned for the offense, unless the pardon is expressly granted for subsequent proof of innocence.

Department--The Texas Department of Public Safety, including employees of the department.

Director--The Director of the Texas Department of Public Safety or the Director's designee.

Director's designee--For purposes of conducting background investigations under this chapter, refers to an employee of the department, unless otherwise specified by the Director.

Handgun--Has the meaning assigned by Texas Penal Code, §46.01.

Instructor applicant--A person who applies for certification, either original or renewed, as a qualified handgun instructor.

Intoxicated--Has the meaning assigned by Texas Penal Code, §49.01.

License applicant--An applicant for a license, either original or renewed, to carry a concealed handgun under Texas Civil Statutes, Article 4413(29ee).

License holder--A person licensed to carry a concealed handgun under Texas Civil Statutes, Article 4413(29ee).

Qualified handgun instructor--A person who is certified by the department to instruct in the use of handguns.

Residence--Domicile; that is, one's home and fixed place of habitation to which he intends to return after any temporary absence. The term "residence" has the meaning assigned in §15.25 of this title (relating to Address).

Retired judicial officer--A special judge appointed under Texas Government Code, §26.023 or §26.024; or a senior judge designated under Texas Government Code, §75.001; or a judicial officer as designated or defined by Texas Government Code, §§ 75.001, 831.001, or 836.001.

Unsound mind--The mental condition of a person who:

(A) has been adjudicated mentally incompetent, mentally ill, or not guilty of a criminal offense by reason of insanity;

(B) has been diagnosed by a licensed physician as being characterized by a mental disorder or infirmity that renders the person incapable of managing the person's self or the person's affairs, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder. Provided, that a person who refuses against medical advice to take medication prescribed by a licensed physician for a mental disorder or infirmity shall be considered to be "under medication"; or

(C) has been diagnosed by a licensed physician as suffering from depression, manic depression, or post-traumatic stress syndrome, unless the person furnishes a certificate from a licensed physician stating that the person is no longer disabled or under any medication for the treatment of a mental or psychiatric disorder.

§6.2.

method of payment

(a) Payment to the department of any fee required by this chapter or by the Act may be made only by cashier's check, money order, or by check issued by a federal, state, or local government agency, made payable to the Texas Department of Public Safety.

(b) A fee received by the department under this chapter or the Act is nonrefundable.

§6.3.

correspondence

(a) Addressed to the department. Except as otherwise provided, applications and correspondence not relating to requests for hearings should be mailed to the department at the following address: Texas Department of Public Safety, Concealed Handgun Licensing Unit, Post Office Box 15888, Austin, Texas 78761-5888. A request for hearing and all correspondence relating thereto should be mailed to the department at the following address: Texas Department of Public Safety, Legal Services-Concealed Handgun Section, Post Office Box 15327, Austin, Texas 78761-5327.

(b) Addressed to applicant, license holder, or certified instructor. Notice will be mailed to the address currently reported to the department by an applicant, license holder, or certified instructor as the correct address. For the purpose of any notice required by the Act, the department will assume that the address currently reported to the department by the applicant or license holder is the correct address.

(c) Notice. Written notice meets the requirements under this Act if the notice is sent by certified mail to the current address reported by the applicant or license holder to the department. If a notice is returned to the department because the notice is not deliverable, the department may give notice by publication once in a newspaper of general interest in the county of the applicant's or license holder's last reported address. On the 31st day after the date the notice is published, the department may take the action proposed in the notice.

§6.4.

notice required on certain premises

(a) Notice. The following establishments shall prominently display an appropriate notice at each entrance to the premises, to state that it is unlawful to carry a handgun on the premises:

(1) a business that has a permit or license issued under Alcoholic Beverage Code, Chapter 25, 28, 32, or 69, and that derives 51% or more of its income from the sale of alcoholic beverages for on-premises consumption;

(2) a hospital licensed under the Health and Safety Code, Chapter 241;

(3) a nursing home licensed under the Health and Safety Code, Chapter 242.

(b) Text. The sign must state that it is unlawful to carry a handgun on the premises. The following text may be used: "State law prohibits carrying a handgun on these premises." A citation to statute may be included as follows: "Texas Civil Statutes, Article 4413(29ee)." The notice must also be posted in Spanish. The following text may be used: "La ley del estado prohibe cargar arma de fuego en este sitio."

(c) Visibility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a conspicuous manner clearly visible to the public from outside or immediately inside each public, service, and employee entrance. Signs required by this section are not required to be posted by fire exits, interior entrances, or entrances to individual resident rooms.

§6.5.

notice optional on other premises

(a) Notice. A public or private employer may prohibit persons who are licensed to carry from carrying a concealed handgun on the premises of the business.

(b) Text. The sign may state that it is prohibited to carry a handgun on the premises. The following are samples of text which may be used.

(1) "Possession of a handgun under authority of Texas Concealed Handgun Permit Law, Texas Civil Statutes, Article 4413(29ee), is prohibited in this building."

(2) "Possession of a handgun under authority of Texas Concealed Handgun Permit Law, Texas Civil Statutes, Article 4413(29ee), is prohibited beyond this point."

(1) "No se permite posser armas de fuego en este edificio bajo authoridad de la Ley de Permisos para portar armas de fuego en el Estado de Texas, Texas Civil Statutes, Article 4413, (29ee)."

(2) "De este lugar en adelante, no se permite poseer armas de fuego bajo authoridad de la Ley de Permisos para Portar Armas de Fuego en el Estado de Texas, Texas Civil Statutes, Article 4413 (29ee)."

Subch. B

eligibility and application procedures

§6.11.

eligibility for license to carry a concealed handgun

To be eligible for a license to carry a concealed handgun, a person must meet the following requirements:

(1) an applicant must have been a resident of this state for the six-month period preceding the date of application;

(2) the applicant must be at least 21 years of age;

(3) the applicant must not have been convicted of a felony. An offense is considered a felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment;

(4) the applicant must not be currently charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01, or of a felony under an information or indictment;

(5) the applicant must not be a fugitive from justice for a felony or a Class A or Class B misdemeanor;

(6) the applicant must not be chemically dependent;

(7) the applicant must not be of unsound mind;

(8) the applicant must not, in the five years preceding the date of application, have been convicted of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01. An offense is considered a Class A or Class B misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment;

(9) the applicant must be fully qualified under applicable federal and state law to purchase a handgun;

(10) the applicant must not have been finally determined to be delinquent in making a child support payment administered or collected by the attorney general, unless the applicant has since discharged the outstanding delinquency;

(11) the applicant must not have been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, state treasurer, tax collector of a political subdivision of the state, Texas Alcoholic Beverage Commission, or any other agency or subdivision of the state, unless the applicant has since discharged the outstanding delinquency;

(12) the applicant must not have been finally determined to be in default on a loan made under the Education Code, Chapter 57, unless the applicant has since discharged the outstanding delinquency;

(13) the applicant must not be currently restricted by or subject to a court order that restrains the applicant from injuring, harassing, stalking, or threatening the applicants' spouse or intimate partner, or the child of the applicant, the applicant's spouse, or intimate partner. This paragraph includes a protective order issued under the Family Code, §3.58 or §3.581, or Family Code, Chapter 71. This paragraph does not include any restraining order or protective order solely affecting property interests;

(14) the applicant must not, in the ten years preceding the date of application, have been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(15) the applicant must not have been made any material misrepresentation, or failed to disclose any material fact, in a request for application materials or in an application for a license to carry a concealed handgun.

§6.12.

preliminary application procedure: application request card

(a) A person who wishes to apply for a license to carry a concealed handgun must first file an application request on Form CR-80, which is adopted for that purpose. On request, the department shall provide an application request form and a copy of the Act directly to interested persons. Application request cards will also be made available through handgun dealers and other persons or entities approved by the department. No fee is required to obtain or submit an application request card.

(b) An individual who desires to receive application materials shall complete the application request card and mail it to the department at the address specified in §6.3 of this title (relating to Correspondence).

(1) full name, in accordance with §15.23 of this title (relating to Names);

(2) address, in accordance with §15.25 of this title (relating to Address);

(3) race;

(4) sex;

(5) height;

(6) date of birth;

(7) state and county of birth;

(8) driver's license number. If the applicant has no driver's license, then the applicant's personal identification card is required. The driver's license or personal identification card must have been issued by the Texas Department of Public Safety;

(9) home and business telephone numbers; and

(10) other identifying information required by the department.

§6.13.

preliminary REVIEW AND DETERMINATION BY THE DEPARTMENT

(a) The department shall review the application request card and shall make a preliminary determination as to whether the individual is eligible to receive a handgun license.

(b) If an individual is not disqualified to receive a handgun license, then the department shall forward the appropriate application materials to the individual.

(c) Notice of disqualification and preliminary denial. In the event that the preliminary review indicates that an individual is disqualified or ineligible to obtain a handgun license, then the department shall send written notice to that individual. The notice shall state that preliminary review indicates that the individual is not eligible to receive a handgun license and shall state the reason for the disqualification.

(d) Informal resolution. An individual who receives notice of disqualification shall be given an opportunity to confer, either in person or by telephone, with a representative of the department on an informal basis concerning the grounds for disqualification. If the applicant contests the validity of a warrant or criminal history record, then the applicant may submit the applicant's fingerprints to the department through a law enforcement agency. The department may verify criminal records by conducting a comparison of the applicant's fingerprints against those of the person identified in judgment or other source document. If fingerprints are not available from the source document, then the applicant may submit other documents or proof of innocence to the department for its review. The informal resolution procedure in this subsection is separate from and in addition to other remedies provided by law.

§6.14.

PROFICIENCY REQUIREMENTS

(a) A person who wishes to obtain or renew a license to carry a concealed handgun shall apply in person to a certified handgun instructor to take the appropriate course in handgun proficiency, demonstrate handgun proficiency, and obtain a handgun proficiency certificate. An applicant will be required to demonstrate the applicant's ability to safely and proficiently use the category of handgun for which the applicant seeks certification.

(b) A proficiency examination to obtain or to renew a license must be administered by a certified handgun instructor. The proficiency examination must include:

(1) a written section on required subjects; and

(2) a physical demonstration of proficiency in the use of one or more handguns of specific categories and in handgun safety procedures.

(c) The department shall distribute the standards, course requirements, and examinations on request to any certified handgun instructor.

(d) The proficiency demonstration course will be the same for both the instructors and license applications. The course of fire will be at distances of three, seven, and 15 yards, for a total of 50 rounds.

(1) Twenty rounds will be fired from three yards, as follows:

(A) five rounds will be fired "One Shot Exercise"; two seconds allowed for each shot;

(B) ten rounds will be fired "Two Shot Exercise"; three seconds allowed for each two shots; and

(2) Twenty rounds will be fired from seven yards, fired in four five-shot strings as follows:

(A) the first five shots will be fired in ten seconds;

(B) the next five shots will be fired in two stages:

(i) two shots will be fired in four seconds; and

(ii) three shots will be fired in six seconds;

(C) the next five shots at seven yards will be fired "One Shot Exercise"; three seconds will be allowed for each shot; and

(D) the last five shots fired at the seven-yard line, the time will be 15 seconds to shoot five rounds.

(3) Ten rounds will be fired from 15 yards, fired in two five-shot strings as follows:

(A) the first five shots will be fired in two stages:

(i) two shots will be fired in six seconds; and

(ii) three shots will be fired in nine seconds;

(B) the last five shots will be fired in 15 seconds.

(e) The department shall waive the proficiency requirements for a license applicant who has successfully completed the instructor training course and paid the training fee.

§6.15.

BASIC applicatioN MATERIALS REQUIRED

An applicant must complete the application materials required by this section and forward the completed materials to the department at its headquarters in Austin. Except as otherwise provided, an application must contain all the following items.

(1) Proficiency certificate. The applicant must submit a handgun proficiency certificate issued upon successful completion of a handgun proficiency course approved by the department and taught by a certified handgun instructor.

(2) Application form. The applicant must submit a completed application on Form CR-78, which is adopted for that purpose. The applicant must complete the unique application form provided to that individual by the department. An application form may not be transferred or exchanged, or submitted by another applicant. The application form will require a statement of the applicant's:

(A) full name and place and date of birth;

(B) race and sex;

(D) hair and eye color;

(E) height and weight;

(F) driver's license number or identification certificate number issued by the department;

(G) criminal history record information, including a list of offenses for which the applicant has been arrested or charged under an information or indictment, and the disposition of each offense; and

(H) history during the preceding five years, if any, of treatment received by, commitment to, or residence in:

(i) a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state; or

(ii) a psychiatric hospital.

(3) Proof of residency in this state. The applicant must provide proof of residence in this state for the six-month period preceding the date of application. Residency may be shown by the following types of documents:

(A) proof that the applicant has been issued and has maintained an unexpired Texas driver's license or personal identification card issued by the department for six months or longer; provided further, that possession by an applicant of a driver's license issued by another state constitutes prima facie evidence of residency in such other state;

(B) proof that the applicant has been registered to vote in this state for six months or longer;

(C) proof that the applicant has owned or leased a residence in this state for six months or longer. Deed records, rental contracts, rental receipts, or cancelled checks showing payment of rent may be used to support a claim of residency;

(D) records of utility payments; or

(E) other proof acceptable to the department.

(4) Two recent color passport photographs of the applicant. The applicant shall submit two identical photographs of the applicant to the person who fingerprints the applicant, as detailed in paragraph (5) of this section. The photographs must be un-retouched color prints. Snapshots, vending machine prints, and full length photographs will not be accepted. The photographs must be two-by-two inches in size. The photographs must be taken in normal light, with white or off-white background. The photographs must present a good likeness of the applicant taken within the last six months. The photographs must present a clear, frontal image of the applicant, and include the full face from the bottom of the chin to the top of the head, including hair. The image of the applicant must be between one and 1-3/8 inches. Only the applicant may be portrayed.

(5) Two fingerprint cards. The applicant must be fingerprinted by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints. The applicant must display a Texas driver's license or personal identification card issued by the department. The applicant must deliver two passport photographs as described in paragraph (4) of this section, two blank fingerprint cards supplied by the department, and an instruction page included in the application materials on Form CR-75, which is adopted for that purpose. An instructor applicant is not required to submit photographs. Two complete sets of legible and classifiable fingerprints of the applicant must be recorded on cards provided by the department. The person who records the applicant's fingerprints shall:

(A) verify that the passport photographs are of the person being fingerprinted (not required for instructor applicants);

(B) either complete or verify the accuracy of the non-fingerprint data being submitted on the card;

(C) record the individual's fingerprints on the card, in a manner consistent with that normally done for an arrest fingerprint card, including the simultaneous impressions;

(D) obtain the signature of the license applicant on both the fingerprint cards and on the back of one of the passport photographs; (not required for instructor applicants). The applicant's signature must comply with §15.21 of this title (relating to Signature);

(E) sign the fingerprint card and the back of the same passport photograph signed by the applicant; (not required for instructor applicants); and

(F) return all documents to the applicant to be forwarded to the department.

(6) Affidavits. The applicant must execute and submit affidavits which in substance state the following:

(A) the applicant has read and understood each provision of Texas Civil Statutes, Article 4413(29ee) that creates an offense under the laws of this state, and each provision of the laws of this state related to the use of deadly force. Form CR-86L is adopted for this purpose;

(B) the applicant fulfills all the eligibility requirements for a license to carry a concealed handgun. Form CR-87L is adopted for this purpose; and

(C) the applicant authorizes the director to make inquiry into any non-criminal history records that are necessary to determine the applicant's eligibility for a license. Form CR-85L is adopted for this purpose.

(7) Signature of applicant. The applicant must sign the passport photograph holder provided by the department. The applicant's signature must comply with §15.21 of this title (relating to Signature).

(8) Fee. Except as otherwise provided, the applicant must submit a nonrefundable fee of $140 with the application for license. The fee must be in the form of a cashier's check, money order, or a check issued by a federal, state, or local government agency, made payable to the Texas Department of Public Safety.

(9) Proof of age. Proof of age may be established by a Texas driver's license or personal identification card issued by the department. If an applicant cannot show proof of age through a driver's license or personal identification card issued by the department, the applicant must submit alternative proof of age. The applicant may submit a certified copy of the applicant's birth certificate as prescribed in §15.24 of this title (relating to Birth Certificate Or Other Acceptable Evidence).

(10) Social Security number. An applicant must provide the applicant's Social Security number. This information is required to assist in the administration of laws relating to child support enforcement, as required and authorized by Family Code, §231.302.

§6.16.

SPECIAL application procedureS AND FEES

(a) Senior citizens. For purposes of this subsection, a person 60 years of age or older is considered a senior citizen and is entitled to a reduced fee. Senior citizens must submit the basic application materials required, except that the department shall reduce by 50% any fee required for the issuance of an original, duplicate, or modified license under the Act.

(b) Indigent persons.

(1) Eligibility. The department shall reduce by 50% any fee required for the issuance of an original, duplicate, modified, or renewed license under the Act if the department determines that the applicant or license holder is indigent. Indigency is determined by determining the size of the family unit and the yearly income level of the family unit. For purposes of this subsection, an applicant is indigent if the applicant's income is not more than 100% of the applicable income level established by the federal poverty guidelines according to Figure 1, Federal Poverty Guidelines.

Federal Poverty Guidelines

Size of Family Unit Poverty Guideline

1 $ 7,470

2 10,030

3 12,590

4 15,150

5 17,710

6 20,270

7 22,830

8 25,390

(2) Applicants who are indigent must submit the basic application required. In addition, persons applying under this subsection are required to submit proof of indigency. An applicant may demonstrate indigency by producing the applicant's most recent tax return, a recent application for government assistance, or by other means acceptable to the department.

(1) Eligibility. A person who is licensed as a peace officer under Texas Government Code, Chapter 415, and who has been employed full-time as a peace officer by a law enforcement agency may apply for a license upon retirement. The application must be made not later than the first anniversary after the date of retirement. The department may issue a license to an applicant who is a retired peace officer if the applicant is:

(A) honorably retired. For purposes of this subsection, "honorably retired" means the applicant:

(i) did not retire in lieu of any disciplinary action;

(ii) was employed as a full-time peace officer for not less than ten years by one agency; and

(iii) is entitled to receive a pension or annuity for service as a law enforcement officer;

(B) is physically fit to possess a handgun; and

(2) Proficiency. To obtain a license under this subsection, a retired peace officer must maintain, for the category of weapon licensed, the proficiency required for a peace officer under Texas Government Code, §415.035. In lieu of a standard certificate of proficiency, an honorably retired peace officer may submit evidence of proficiency issued by a state or local law enforcement agency, or by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). The department or a local law enforcement agency shall allow a retired peace officer of the department or agency an opportunity to annually demonstrate the required proficiency. The proficiency shall be reported to the department on application and renewal. An applicant who submits evidence of proficiency under this paragraph is not required to apply for or attend a course of instruction with a certified handgun instructor.

(3) Application and fee.

(A) Evidence of proficiency. The applicant shall submit evidence of proficiency issued by a state or local law enforcement agency.

(B) Application materials.

(C) Letter of good standing. In addition to the basic applications required, the applicant shall submit a sworn statement on agency letterhead from the head of the law enforcement agency employing the applicant to state the following:

(i) the name and rank of the applicant;

(ii) the status of the applicant before retirement;

(iii) whether or not the applicant was accused of misconduct at the time of the retirement;

(iv) the physical and mental condition of the applicant;

(v) the type of weapons the applicant had demonstrated proficiency with during the last year of employment;

(vi) whether the applicant would be eligible for reemployment with the agency, and if not, the reasons the applicant is not eligible; and

(vii) a recommendation from the agency head regarding the issuance of a license under the Act.

(D) Reduced fee. The fee for a license issued under this subsection shall be $25.

(d) Honorably retired special agent. A retired criminal investigator of the United States who is designated as a "special agent" may apply for a license as an honorably retired peace officer. Except as otherwise provided, the license fee and application procedure for an honorably retired special agent shall be the same as for an honorably retired peace officer. An applicant described by this subsection may submit the application at any time after retirement. The applicant shall submit with the application proper proof of retired status by presenting the following documents prepared by the agency from which the applicant retired:

(1) retirement credentials; and

(2) a letter from the agency head on agency letterhead stating that the applicant retired in good standing.

(e) Active judicial officer.

(1) Eligibility. An active judicial officer is eligible for a license to carry a concealed handgun. The department shall issue a license to an active judicial officer who meets the requirements of this subsection.

(2) Application and fee. An applicant for a license who is an active judicial officer must submit the basic application materials required, except that:

(A) the fee for a license issued under this subsection shall be $25;

(B) the classroom instruction part of the proficiency course required for an active judicial officer is not subject to a minimum hour requirement. Applicants who are active judicial officers shall be required to take classroom instruction only on:

(i) handgun use, proficiency, and safety; and

(ii) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.

(3) Renewal. An active judicial officer is not required to attend the classroom instruction part of the continuing education proficiency course to renew a license.

(f) Retired judicial officer. The department shall issue a license to a retired judicial officer who meets the requirements of this subsection. An applicant for a license who is a retired judicial officer must submit the basic application materials required, except that:

(1) the fee for a license issued under this subsection shall be $25; and

(2) a retired judicial officer shall be required to take classroom instruction only on:

(A) handgun use, proficiency, and safety; and

(B) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.

(g) Felony prosecutor. An attorney who is elected or appointed to represent the state in the prosecution of felony cases is eligible for a license to carry a concealed handgun. The department shall issue a license to carry a concealed handgun under this subsection to an applicant who meets the requirements for an active judicial officer. No fee is required for an original, duplicate, or renewed license for an applicant who meets the requirements of this subsection.

(h) Reciprocal licenses for non-residents. On application by a person who has a valid license to carry a concealed handgun issued by another state, the department may issue to the non-resident license holder a reciprocal license without requiring that the person meet eligibility requirements or pay fees otherwise imposed by the Act. Before issuing a reciprocal license, the department must first determine that:

(1) the eligibility requirements imposed by the other state are at least as rigorous as the requirements imposed by the Act; and

(2) the other state provides reciprocal licensing privileges to a person who holds a license issued by the department under the Act and applies for a license in the other state.

(i) Instructor applicants.

(1) Eligibility. To be eligible to be a certified handgun instructor, a instructor applicant must be eligible to be licensed to carry a concealed handgun. A certified handgun instructor is not required to be licensed to carry a concealed handgun.

(2) Application and fee. Prior to being accepted for training by the department, an instructor applicant must complete the required application materials and submit these to the department at its headquarters in Austin. An instructor applicant must complete the basic application materials required, except that:

(A) photographs are not required;

(B) the fee for application and training is $100; and

(C) in addition to other required application materials, instructor applicants are required to submit certain additional information required by the department on Form CR-90T, which is adopted for this purpose.

(j) Two year licenses. Initial licenses will be issued for either a two year or a four year term. Certain license applicants, randomly selected, will be issued an application for a two year license. The department shall reduce by 50% the fee required for issuance of a two year license. After expiration of the two year license,renewals will be for a four year period.

§6.17.

application REVIEW AND BACKGROUND INVESTIGATION

(a) Applications must be complete and legible. If an application is not legible or is not complete, the department will notify the applicant of any apparent deficiency. The applicant will have 90 days from the date on which the department first received the original license application to amend the application. Upon request, the department may extend the period to amend the application for one additional 90-day period. After the period to amend has expired, then the application process will be terminated.

(b) Time to review application and complete background investigation. Between September 1, 1995, and December 31, 1996, the department shall conduct the application review and background investigation not later than the 90th day after the date on which the director's designee receives the completed application materials. After January 1, 1997, the department shall conduct the application review and background investigation not later than the 60th day after the date on which the director's designee receives the completed application materials. The department shall conduct the application review and background investigation within the required time period, as measured from the date when the application was received and complete. An application is not considered to have been received until it is complete. Failure of the department to either issue or deny a license for a period of more than 30 days after the time required constitutes denial.

(c) Central background investigation. On receipt of the completed application materials, the department shall review the application and conduct a background check of each applicant. The central background investigation will include a criminal history record check of each applicant for an original or renewal license or certification through the department's computerized criminal history system. The department shall send one set of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history check of the applicant. The scope of the background investigation additional to the criminal history check is within the sole discretion of the department.

(d) Field background investigation. Not later than the 30th day after the date the department receives the application materials, the department shall send the application materials to the director's designee in the geographical area of the applicant's residence for a field background investigation. The director's designee is authorized to conduct a field background investigation. The scope of the field background investigation is within the sole discretion of the department. The director's designee is authorized to conduct an additional criminal history record check of the applicant and an investigation of locally maintained official records to verify the accuracy of the application materials. The director's designee is authorized to check local arrest records of law enforcement agencies in each city and county where the applicant has resided for the five years preceding the date of application. The director's designee is authorized to obtain copies of official records of arrests or convictions if necessary. On request of the director's designee, a juvenile court shall reopen and allow the department to inspect the files and records of the juvenile court relating to the license applicant. The director's designee is authorized to investigate other credible information received and to conduct appropriate follow-up investigation as necessary. Upon completion of the investigation, the director's designee shall return all application materials and investigation results to the appropriate division of the department at the address as specified in §6.3 of this title (relating to Correspondence). The investigation results shall include a written recommendation that the application either be approved or disapproved. The investigation results may include affidavits from other persons stating grounds for denial.

§6.18.

LICENSE ISSUANCE

(a) The department shall issue a license to carry a concealed handgun to an applicant if the applicant meets all the eligibility requirements and submits all the required application materials. The department shall not issue a license or instructor certificate to any applicant for whom possession of a firearm would be in violation of state or federal law. This determination will be based on all information available to the department, including information provided to the department on the application, the background investigation, and other information provided to the department.

(b) Category. The department may issue a license to carry handguns only of the categories indicated on the applicant's certificate of proficiency issued.

(c) Effective date of license. A license issued before January 1, 1996, is not effective until January 1, 1996. A license issued before January 1, 1996, shall be clearly marked to reflect the date on which it becomes effective. The department shall inform each recipient of a license before that date that the license is not effective until that date. On or after January 1, 1996, a license issued under the Act is effective from the date of issuance.

(d) Form of license. A license to carry a concealed handgun shall include the following information:

(1) a number assigned to the license holder by the department;

(2) a statement of the period for which the license is effective;

(3) a statement of the category or categories of handguns the license holder may carry. The categories of handguns are as follows:

(A) SA: any handguns, whether semi-automatic or not; and

(B) NSA: handguns that are not semi-automatic;

(4) a color photograph of the license holder; and

(5) the license holder's full name, date of birth, residence address, hair and eye color, height, weight, signature, and the number of a driver's license or an identification certificate issued to the license holder by the department.

§6.19.

DUPLICATE LICENSE; NOTICE OF CHANGE OF ADDRESS OR NAME

(a) A license holder may not own or possess more than one license to carry a concealed handgun issued by the department.

(b) If a license is lost, stolen, or destroyed, the license holder shall apply for a duplicate license not later than the 30th day after the date of the loss, theft, or destruction of the license. A license holder who moves from the address stated on the license or whose name is changed by marriage or otherwise, shall, not later than the 30th day after the date of the address or name change, apply for a duplicate license and shall notify the department and provide the department with the number of the person's license and the person's:

(1) former and new address; or

(2) former and new names.

(d) The department shall charge a license holder a fee of $25 for a duplicate license.

(e) If a license holder is required under this section to apply for a duplicate license and the license expires not later than the 60th day after the date of the loss, theft, or destruction of the license, the applicant may renew the license with the modified information included on the new license. The applicant shall pay only the nonrefundable renewal fee.

§6.20.

MODIFIED LICENSE

(a) The department may modify the license of a license holder who meets all the eligibility requirements and submits all the modification materials. 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 shall apply in person to a certified handgun instructor. The license holder must demonstrate the required knowledge and proficiency to obtain a handgun proficiency certificate in that category as described by the Act, §17. To modify a license to allow a license holder to carry a handgun of a different category than the license indicates, the license holder must:

(1) complete a proficiency examination;

(2) obtain a handgun proficiency certificate not more than six months before the date of application for a modified license; and

(3) submit to the department:

(A) an application for a modified license on a form provided by the department;

(B) a copy of the handgun proficiency certificate;

(D) two recent color passport photographs of the license holder.

(b) The department shall make the forms for modified license available on request. Not later than the 45th day after receipt of the modification materials, the department shall issue the modified license or notify the license holder in writing that the modified license application was denied.

§6.21.

RENEWAL OF LICENSE

(a) Except as provided in §6.16(j) of this title (relating to Special Application Procedures and Fees), a license expires on the first birthday of the license holder occurring after the fourth anniversary of the date of issuance.

(b) A renewed license expires on the license holder's birth date, four years after the date of the expiration of the previous license.

(d) A modified license expires on the date the license that was modified would have expired.

(e) To renew a license, a license holder must:

(1) complete a continuing education course in handgun proficiency under the Act, §16(c), not more than six months before the date of application for renewal;

(2) obtain a handgun proficiency certificate not more than six months before the date of application for renewal; and

(3) submit to the department:

(A) an application for renewal on a form provided by the department;

(B) a copy of the handgun proficiency certificate;

(D) two recent color passport photographs of the applicant.

(f) Not later than the 60th day before the expiration date of the license, the department shall mail to each license holder a written notice of the expiration of the license and a renewal form. The department shall renew the license of a license holder who meets all the eligibility requirements and submits all the renewal materials. Not later than the 45th day after receipt of the renewal materials, the department shall issue the renewal or notify the license holder in writing that the renewal application was denied.

Subch. C

PROCEDURES ON DENIAL OF LICENSE

§6.31.

NOTICE OF DENIAL:GROUNDS

(a) After the time has elapsed for the department to conduct the application review and background investigation required, the department shall either issue the license or shall give the applicant written notice of denial. Notice of denial will be mailed to the address currently reported to the department by the applicant, as provided in §6.3 of this title (relating to Correspondence).

(b) A notice of denial shall state one or more of the following grounds for denial:

(1) that the applicant failed to qualify under the eligibility criteria listed in the Act, §2;

(2) that the director's designee has recommended denial by affidavit submitted to the department under the Act, §5(b); or

(3) that a certified instructor has recommended denial by affidavit submitted to the department under the Act, §17.

§6.32.

REQUEST FOR HEARING; ADMINISTRATIVE REVIEW OF DENIAL

(a) Not later than the 30th day after the notice of denial is received by the applicant, according to the records of the department, the license applicant may request a hearing on the denial. A hearing request:

(1) must be in writing;

(2) must be addressed to the department at the address specified in §6.3 of this title (relating to Correspondence); and

(3) must be received by the department in Austin prior to the 30th day after the date of receipt by the applicant of the written notice of denial.

(b) If an applicant or a license holder does not request a hearing, a denial becomes final on the 30th day after receipt of written notice.

(c) Petition for hearing. On receipt of a request for hearing from an applicant, within 30 days of receipt of such hearing request, the department shall file a petition and request a hearing in the appropriate justice court of the county of applicant's residence. The department shall send a copy of the petition to the applicant at the address specified in §6.3 of this title (relating to Correspondence). The justice court shall act as an administrative hearing officer and conduct a hearing to review the denial of license. The justice court shall schedule a hearing to be held not later than 60 days after the hearing request was received by the department. The hearing date may be reset on the motion of either party, by agreement of the parties, or by the court as necessary to accommodate the court's docket.

(d) Evidence and procedure. The department may be represented by a district attorney or county attorney, the attorney general, or a designated member of the department. The applicant may be represented by an attorney. Both the applicant and the department may present evidence. The department is specifically authorized to utilize and to introduce into evidence certified copies of governmental records to establish the existence of certain events which could result in the denial of a license under the Act, including but not limited to records regarding convictions, judicial findings regarding mental competency, judicial findings regarding chemical dependency, or other matters that may be established by governmental records which have been properly authenticated. A hearing under this section is not subject to Texas Government Code, Chapter 2001 (Administrative Procedure Act). The justice court shall determine if the denial is supported by a preponderance of the evidence. If the court determines that the denial is supported by a preponderance of the evidence, then the court shall affirm the denial. If the court determines that the denial is not supported by a preponderance of the evidence, then the court shall order the department to immediately issue the license to the applicant.

Subch. D

TIME, PLACE, AND MANNER RESTRICTIONS ON LICENSE HOLDER

§6.41.

CARRY WHILE INTOXICATED

A license holder may not carry a handgun while intoxicated. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

§6.42.

FAILURE TO CONCEAL HANDGUN

A license holder carrying a handgun must keep the handgun concealed. This restriction does not apply if the license holder displays the handgun under circumstances in which the actor would have been justified in the use of deadly force under Texas Penal Code, Chapter 9. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

§6.43.

FAILURE TO DISPLAY LICENSE ON DEMAND

If a license holder is carrying a handgun on or about the license holder's person, then upon demand by a magistrate or a peace officer that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. Violation is a Class B misdemeanor under the Act, §6(i).

§6.44.

PLACES PROHIBITED: FELONY VIOLATION

A license holder may not carry a handgun on or about the license holder's person under authority of the Act in the following places:

(1) On the premises of a business that has a permit or license issued under Alcoholic Beverage Code, Chapters 25, 28, 32, or 69, if the business derives 51% or more of its income from the sale of alcoholic beverages for on-premises consumption. Posting is required by the Act, but an establishment's failure to post is not a statutory defense to the license holder. Violation is a third degree felony under Texas Penal Code, §46.035.

(2) On the premises of a correctional facility. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.035.

(3) On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.

(4) On the premises of a polling place on the day of an election or while early voting is in progress. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.

(5) In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.

(6) On the premises of a racetrack. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.

(7) Into a secured area of an airport. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.

§6.45.

PLACES PROHIBITED: CLASS A MISDEMEANOR VIOLATIONS

A license holder may not carry a handgun on or about the license holder's person under authority of the Act in the following places:

(1) On the premises of a hospital licensed under the Health and Safety Code, Chapter 241, unless the license holder has written authorization of the hospital administration. Posting is required by the Act, but an establishment's failure to post is not a statutory defense to the license holder. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

(2) On the premises of a nursing home licensed under the Health and Safety Code, Chapter 242, unless the license holder has written authorization of the nursing home administration. Posting is required by the Act, but an establishment's failure to post is not a statutory defense to the license holder. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

(3) On the premises where a high school, collegiate, or professional sporting event is taking place, unless the license holder is a participant in the event and a handgun is used in the event. No posting is required by the Act. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

(4) In an amusement park. "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. No posting is required by the Act. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

(5) On the premises of a church, synagogue, or other established place of religious worship. No posting is required by the Act. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

(6) At any meeting of a governmental entity. No posting is required by the Act. Violation is a Class A misdemeanor under Texas Penal Code, §46.035.

§6.46.

PLACES PROHIBITED: CLASS C MISDEMEANOR VIOLATION

A license holder may not carry a handgun on or about the license holder's person under authority of the Act on or across land of the Lower Colorado River Authority. No posting is required by the Act. Violation is a Class C misdemeanor under Parks and Wildlife Code, §62.081.

§6.47.

PLACES PROHIBITED: ADMINISTRATIVE VIOLATION

A license holder may not carry a handgun on or about the license holder's person under authority of the Act on premises of the Department of Public Safety, unless the department is conducting a competition or training session involving the use of firearms and the license holder is a participant in the event and a handgun is used in the event. No posting is required.

Subch. E

ENFORCEMENT PROCEDURES

§6.51.

AUTHORITY OF PEACE OFFICER TO DISARM

A peace officer who is acting in the lawful discharge of the officer's official duties is authorized to disarm a license holder at any time when the peace officer reasonably believes it is necessary for the protection of the license holder, peace officer or other individuals. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene when the peace officer has determined that the license holder is not a threat to the peace officer, license holder, or other individuals, and providing that the license holder has not violated any provision of the Act, or has not committed any other violation that results in the arrest of the license holder.

§6.52.

DUTIES OF PEACE OFFICER ON ARREST OF LICENSE HOLDER

If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of the Act, the peace officer shall seize the license holder's handgun and license as evidence. If the license holder has committed a violation for which suspension or revocation would be required, then the officer shall submit the appropriate violation report as required by this chapter.

§6.53.

APPLICATION OF CODE OF CRIMINAL PROCEDURE TO SEIZED EVIDENCE

The provisions of the Code of Criminal Procedure, Article 18.19, concerning the disposition of weapons seized in connection with criminal offenses, apply to a handgun seized under this subsection.

§6.54

Duty of Court on Conviction of License Holder

Any judgment of conviction entered by any court for an offense under Texas Penal Code, §46.035, shall contain the handgun license number of the convicted license holder.

Subch. F

SUSPENSION AND REVOCATION PROCEDURES

§6.61.

SUSPENSION OF LICENSE FOR VIOLATION OF THE ACT

(a) Violation report; suspension of license. If any peace officer believes that grounds for suspension exist, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension of the license. The officer shall send the department all of the information available to the officer at the time of the preparation of the violation report. The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder.

(b) Notice of suspension; grounds. The department shall give written notice to each license holder of any suspension of that license. A license may be suspended under this section if the license holder:

(1) is convicted of disorderly conduct under Texas Penal Code, §42.01;

(2) fails to display a license as required by the Act, §6(h) and §6(i);

(3) fails to notify the department of a change of address or name as required by the Act, §8;

(4) carries a concealed handgun under the authority of the Act of a different category than the license holder is licensed to carry;

(5) has been charged by indictment with the commission of an offense that would make the license holder ineligible for a license on conviction; or

(6) fails to return a previously issued license after such license has been modified as required by the Act, §10(d).

(c) Surrender of license. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the tenth day after the date the license holder received the notice of suspension from the department unless the license holder requests a hearing from the department.

(d) Hearing request. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the suspension as provided by §6.32 of this title (relating to Request for Hearing; Administrative Review of Denial). If a suspension hearing is held and the court order is ordered by the justice court, the license holder shall surrender the license on the date an order of suspension has been entered by the justice court.

(e) Procedure. Suspension hearings shall be conducted in the same manner as hearings on denial.

(f) Length of suspension. A license may be suspended for not less than one year and not more than three years.

§6.62.

FAMILY CODE SUSPENSION OF LICENSE

(a) On receipt of a final order suspending a license to carry a concealed handgun, issued pursuant to Family Code, §232.010 (concerning the enforcement of child support obligations), the department shall determine whether a license has been issued to the individual named in the order of suspension. If a license has been issued, the department shall:

(1) record the suspension of the license in the department records;

(2) report the suspension as appropriate; and

(3) demand surrender of the suspended license.

(b) No administrative review or hearing shall be provided by the department to the license holder to review a final order suspending license under this section.

(c) On receipt of an order vacating or staying an order suspending a license pursuant to Family Code, §232.013, the department may reissue the license to the license holder.

§6.63.

REVOCATION OF LICENSE

(a) Violation report; revocation of license. If a peace officer believes that grounds for revocation exist, the peace officer shall prepare an affidavit on a form provided by the department stating the reason for the revocation of the license. The officer shall send the department all of the information available to the peace officer at the time of the preparation of the form. The officer shall attach the officer's reports relating to the license holder to the form and send the form and attachments to the department at its headquarters in Austin not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder.

(b) Notice of revocation; grounds. The department shall give written notice to each license holder of any revocation of that license. A license may be revoked if the license holder:

(1) was not entitled to the license at the time it was issued;

(2) gave false information on the application;

(3) subsequently becomes ineligible for a license under the Act, §2; or

(4) is convicted of an offense under Texas Penal Code, §46.035.

(c) Surrender of license. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the tenth day after the date the license holder receives the notice of revocation from the department, unless the license holder requests a hearing from the department.

(d) Hearing request. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the revocation as provided by §6.32 of this title (relating to Request for Hearing; Administrative Review of Denial). If a revocation hearing is held and the court order is ordered by the justice court, the license holder shall surrender the license on the date an order of revocation has been entered by the justice court.

(e) Procedure. Revocation hearings shall be conducted in the same manner as hearings on denial.

(f) Length of revocation; reapplication. A license holder whose license has been revoked for a reason listed in this section may reapply as a new applicant for the issuance of a license under the Act after the second anniversary of the date of the revocation if the cause for revocation no longer exists. If the cause of revocation still exists on the date of the second anniversary after the date of revocation, the licensee may not apply for a new license until the cause for the revocation no longer exists and has ceased to exist for a period of two years.

Subch. G

CERTIFIED HANDGUN INSTRUCTOR

§6.71.

APPLICATION AND BACKGROUND INVESTIGATION

An instructor applicant is subject to a background investigation substantially similar to the background investigation required for licensed applicants.

§6.72.

INSTRUCTOR TRAINING

The department shall provide necessary training to eligible instructor applicants. To qualify for certification as a handgun instructor, an instructor applicant must apply for and successfully complete the instructor training course offered by the department. The instructor applicant must demonstrate handgun proficiency and knowledge and ability to instruct persons on all required subjects.

§6.73.

EQUIPMENT

An instructor applicant must bring the following required equipment to training: one non semi-automatic handgun; one semi-automatic handgun; ammunition; ear and eye protection; other appropriate protective clothing; and other equipment as determined by the department. Handguns must be at least nine millimeter or .38 caliber.

§6.74.

INSPECTION OF HANDGUNS

Each handgun must be in safe and working condition. No handgun may have any internal modification which compromises the safety of the weapon. Handguns are subject to inspection by the department's instructors prior to training and at any time during the training course. If the instructor finds that a weapon is unsafe, then the instructor will reject the weapon for use in training and qualifications. The instructor may require that any handgun be secured or removed from department premises.

§6.75.

AMMUNITION

Only standard Sporting Arms Ammunition Manufacturing Institute (SAAMI) ammunition may be used during training and qualification. This section applies only to instructor training and qualification provided by the department.

§6.76.

CURRICULUM FOR INSTRUCTOR APPLICANTS

The normal course of instruction for instructor applicants shall be 40 hours in length. Training will include instruction on the following subjects:

(1) the laws that relate to weapons and to the use of deadly force;

(2) handgun use, proficiency, and safety;

(3) nonviolent dispute resolution;

(4) proper storage practices for handguns, including storage practices that eliminate the possibility of accidental injury to a child;

(5) techniques of group instruction; and

(6) other subjects deemed necessary and appropriate by the department.

§6.77.

TARGETS

All courses of fire will be scored on a standard TX-PT target. The TX-PT is a blue silhouette target developed by the department. No modifications to the target or scoring will be allowed.

§6.78.

QUALIFYING SCORES

(a) Shooting proficiency. An instructor applicant must qualify on both the semi-automatic and non semi-automatic handgun with minimum score of 90%. The instructor applicant will have three opportunities to demonstrate proficiency. The instructor applicant must show proficiency during the training course.

(b) Written exam. An instructor applicant must pass a written exam with a minimum score of 70%. The instructor applicant will be given one opportunity to pass the written exam during the training courses. If the instructor applicant fails the first written exam, then the test may be repeated twice at regularly scheduled training courses held by the department. The instructor applicant must pass the written exam by the third attempt and within six months of application. Failure to pass within six months will terminate the application process.

§6.79.

CONDUCT DURING TRAINING

(a) Good order and discipline will be maintained during the training course. Conduct which is disruptive or unsafe shall be grounds for immediate ejection from the training course. Unsafe handling of a handgun shall constitute grounds for immediate ejection from the training course.

(b) No instructor applicant or other person present during training shall consume alcohol prior to or during training. Consumption of alcohol or illegal drugs shall constitute grounds for immediate removal from training. No alcohol shall be brought on department premises. No person who is impaired by any substance may be present during training. Instructor applicants who take prescription medication should consult privately with the department's instructor about potential impairment of mental and physical faculties. If good cause exists to believe that any person is impaired during training, then the department's instructor shall remove that person from training.

§6.80.

REAPPLICATION

An instructor applicant who fails to qualify for certification will be given a preference for an opportunity to attend the normal course of instruction within six months.

§6.81.

ABBREVIATED INSTRUCTOR TRAINING COURSE

(a) An instructor applicant may apply for an abbreviated instructor training course which shall be 28 hours in length.

(b) An applicant for the abbreviated instructor training course must provide documentation or credentials in support of one of the following:

(1) that the individual has been certified by the Texas Board of Private Investigators and Private Security Agencies to instruct others in the use of handguns;

(2) that the individual has been certified by the National Rifle Association of America as a handgun instructor; or

(3) that the individual 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.

(c) An applicant for the abbreviated instructor training course may be required to produce course materials related to firearms courses previously attended.

(d) An applicant for the abbreviated instructor training course will be required to take a pretest to demonstrate both handgun knowledge and proficiency. The applicant will be given one opportunity to pass the pretest. To qualify for the abbreviated course, the instructor applicant must achieve the following score:

(1) a minimum score of 70% on written pretest; and

(2) a minimum score of 90% on proficiency with both a semi-automatic and non semi-automatic handgun.

(e) An applicant for the abbreviated instructor training course who fails to qualify on either the written or proficiency pretest for the abbreviated course of instruction will not be permitted to attend the training course, but will be given preference for an opportunity to attend the normal course of instruction within six months.

§6.82.

INSTRUCTOR CERTIFICATION

An instructor applicant who has submitted the required application material, successfully completed training by the department, and who meets the eligibility requirements, may be certified as a handgun instructor by the department. Upon certification, an instructor may conduct training and proficiency examination of license applicants. Provided, instructor certification is not effective before September 1, 1995, and provided that course training credit may not be extended to license applicants for training which occurs prior to September 1, 1995.

§6.83.

NO AUTHORITY TO CARRY

Certification as an instructor does not authorize a person to carry a concealed handgun.

§6.84.

CURRICULUM FOR LICENSE APPLICATION

(a) Certified handgun instructors must instruct license applicants on the basis of the curriculum developed and approved by the department. The department shall develop and distribute directions and materials for course instruction, test administration, and recordkeeping.

(b) Classroom instruction. The course must include at least ten 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) Range instruction. The 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. An applicant may not be certified unless the applicant demonstrates, at a minimum, the degree of proficiency that is required to effectively operate a nine millimeter or a .38 caliber handgun.

§6.85.

CONTINUING EDUCATION

A course in continuing education shall be administered by a certified handgun instructor and must include at least four hours of instruction on subjects required by the department.

§6.86.

SHOOTING RANGE AND CLASSROOM FACILITIES

(a) All classroom and range instruction for license applicants shall be conducted in this state. All classroom and range instruction facilities are subject to inspection and registration by the department, as provided by this chapter.

(b) A shooting range which is to be used for instruction or proficiency demonstration of license applicants must be registered by the owner with the department as provided by this chapter. By virtue of registration of the range with the department, the range owner consents:

(1) to cooperate with the department in instruction of license applicants;

(2) to permit entry of department personnel onto the range facilities during normal business hours and at any time while instruction of license applicants is being conducted;

(3) to permit inspection of range facilities by department personnel;

(4) to monitor instruction of license applicants by department personnel; and

(5) to abide by the rules of this chapter.

(c) A range owner may withdraw from registered status by mailing the department 30 days advance written notice. The notice should identify the range owner and range number. The notice must be mailed to the department at the address specified in §6.3 of this title (relating to Correspondence).

(d) Range instruction and proficiency demonstration must be conducted at a shooting range facility registered with the department. A proficiency certificate must indicate the range on which the proficiency examination was given. If a proficiency examination is conducted at a range not registered with the department, then the certificate will be rejected.

(e) To be registered, each range must comply with applicable municipal, state, and federal law. The range must have the capability of shooting at a distance of 15 yards.

(f) No fee is required to register a shooting range with the department.To register a range, the range owner shall report the following information on a form provided by the department:

(1) the owner of the range;

(2) the physical address of the range; and

(3) the mailing address of the range owner.

(g) Each registered range will be assigned an identification number to facilitate monitoring by the department of instruction of license applicants. Information provided to the department about shooting ranges shall be available to the public in the same manner as information concerning certified instructors.

(h) A mobile shooting range may be registered with the department. The range owner must provide the department with a permanent mailing address in this state where the owner agrees to receive correspondence.

§6.87.

PRIOR NOTICE OF TRAINING REQUIRED

For each training session, a certified instructor shall give prior notice to the department of the date, time, classroom location, range location, range number, and one or more certified instructors who are responsible for the training session. Notice required by this section may be faxed to the department, and may include multiple training sessions.

§6.88.

MONITORING BY THE DEPARTMENT

Department personnel may monitor any class or training of license applicants by a certified handgun instructor. A certified handgun instructor shall cooperate with the department in its efforts to monitor the training of license applicants.

§6.89.

VIDEO AND GUEST INSTRUCTION; APPROVAL

Video instruction may be used as a component of course instruction only with the prior written approval of the department. Guest instructors who are not certified may be used for course instruction only with the prior written approval of the department. Request for approval for video or guest instruction shall be submitted on Form TR-97, which is adopted for that purpose, and sent by mail or fax to the Texas Department of Public Safety Pistol Range, Post Office Box 4087, Austin, Texas 78773-0001.

§6.90.

INSTRUCTOR RECORD RETENTION

(a) Records to be retained and available for inspection. A certified handgun instructor shall make available for inspection to the department any and all records maintained by a certified handgun instructor under the Act. A certified handgun instructor shall retain the following:

(1) a record of each proficiency certificate issued by the instructor;

(2) a record of each license applicant who has applied for instruction, whether accepted or rejected for instruction;

(3) pre-test scores;

(4) post-test scores;

(5) written critiques or notes made by the instructor;

(6) proficiency demonstrations;

(7) course materials; and

(8) copies of reports submitted to the department.

(b) Records must be retained for a period of three years after completion. Records must be stored in a safe and secure place and must be available for inspection by authorized officers of the department.

§6.91.

INSTRUCTOR QUALIFYING SCORES

(a) Report on completion. On completion of a training course by a license applicant, a certified instructor who trained the applicant shall submit a report to the department indicating whether the applicant passed or failed only. All pretest and posttest results shall be sent to the department, but shall not identify the individual applicant.

(b) Accidental discharge report. If an accidental discharge occurs during training or proficiency examination, the certified handgun instructor shall submit a report to the department within five business days. An accidental discharge report shall be submitted on Form TR-98, which was adopted for that purpose.

(c) Time to submit reports. Reports must be submitted on forms approved by the department, and on the most recent version of the form adopted. Reports shall be submitted to the department within five business days.

§6.92.

PROFICIENCY CERTIFICATES

Proficiency certificates will be available for sale by the department to certified instructors for $5.00 each. Proficiency certificates will be sold in lots of ten or more. Proficiency certificates may be ordered on Form CR-91T, which is adopted for that purpose. Proficiency certificates may be awarded by an instructor to a qualified license applicant, but may not otherwise be transferred to another certified instructor or to any other person. Proficiency certificates shall be kept locked and secure at all times to prevent theft. A certified instructor shall report the loss, theft, or destruction of proficiency certificates to the department within five business days.

§6.93.

COMPLIANCE

Instructor applicants and certified handgun instructors are required to comply with all applicable municipal ordinances, state and federal statutes, and rules, regulations, policies and operational procedures of the Texas Department of Public Safety and the Texas Department of Public Safety Training Academy. Failure to comply may constitute grounds for removal from training, or denial, suspension, or revocation of instructor certification.

§6.94.

ReSTRICTIONS ON ADVERTISING AND PROMOTIONaL MATERIal

(a) Private Use of State Seal. Private use of the State Seal of Texas for advertising or commercial purposes is proscribed by Business and Commerce Code, §17.08. Violation is a misdemeanor and a deceptive trade practice as provided by that section.

(b) Department Name, Insignia, or Division Name. Use of the Department name or insignia or Division name is proscribed by Texas Government Code, §411.017. Violation is a criminal offense (Class A misdemeanor or third degree felony), as provided by that section.

§6.95.

expiration and renewal of instructor certification

The certification of a qualified handgun instructor expires on the second anniversary after the date of certification. To renew certification, an instructor must pay a fee of $100 and take and successfully complete the retraining courses required by the department.

§6.96.

review of denial, suspension, or revocation

The procedures for notice and review of denial, suspension, and revocation of a license to carry a concealed handgun apply to the review of a denial, suspension, and revocation of certification as a certified handgun instructor.

Subch. H

INFORMATION AND REPORTS

§6.111.

list of certified instructors; training sessions; ranges

A list of certified handgun instructors shall be available to the public. A certified instructor may request to be removed from the public list, but remains subject to disclosure under an Open Records request pursuant to Texas Government Code, Chapter 552. A list of upcoming training sessions offered by certified instructors and reported to the department shall also be available to the public. A list of registered ranges will be publicly available.

§6.112.

STATISTICAL REPORT

The department shall prepare a monthly statistical report that includes the number of licenses issued, denied, suspended, or revoked by the department during the preceding month, listed by age, gender, race, and zip code of the applicant or license holder. The department shall make the report available, on request and payment of a reasonable fee to cover costs of copying.

§6.113.

INFORMATION CONCERNING INDIVIDUAL LICENSE HOLDER

(a) On written request and payment of a reasonable fee to cover costs of copying, the department shall disclose to any person or agency whether a named individual or any individual whose full name is listed on a specified written list is licensed under the Act. Information concerning a license holder that is subject to disclosure under this section includes the license holder's name, date of birth, gender, race, and zip code.

(b) The department shall notify a license holder of any request for information made relating to the license holder under this section and provide the name of the person or agency making the request.

§6.114.

CONFIDENTIAL INFORMATION

Except as otherwise provided by this subchapter and the Act, §21, all other records maintained under the Act are confidential and are not subject to required disclosure under the Open Records law, Texas Government Code, Chapter 552, except that an applicant or license holder may be furnished a copy of such disclosable records on request and the payment of a reasonable fee.

§6.115.

INFORMATION AND REPORTS AVAILABLE TO CRIMINAL JUSTICE AGENCIES

On written or verbal request of another criminal justice agency, the department shall disclose information contained in its records regarding whether a named individual or any individual named in a specified list is licensed under the Act.

§6.116.

REPORTS BY THE DEPARTMENT TO LAW ENFORCEMENT AGENCIES

(a) Reports to the County Sheriff. On a regular basis and on request, the department shall notify the sheriff of each county of the names of license holders who reside in that sheriff's county. The department shall notify the sheriff of each county of changes of name or address made by a resident license holder and reported to the department.

(b) Reports to local law enforcement agencies. On request of a local law enforcement agency, the department shall notify such agency of the names of license holders residing in the county in which the agency is located. On request of a local law enforcement agency, the department shall notify the agency of changes of name or address made by resident license holders and reported to the department.

§6.117.

ARREST STATISTICS

The department shall maintain statistics related to responses by law enforcement agencies to incidents in which a person licensed to carry a handgun is arrested for an offense under Texas Penal Code, §46.035, or discharges a handgun.

§6.118.

REPORTS FROM LAW ENFORCEMENT AGENCIES TO THE DEPARTMENT

Local law enforcement agencies in Texas shall maintain records necessary to prepare and submit the concealed handgun incident report form, which reports information regarding incidents in which a person licensed to carry a handgun under Texas Civil Statutes, Article 4413(29ee), has been arrested for an offense under Texas Penal Code, §46.035, or commits a reportable discharge of a handgun.

§6.119.

REPORTABLE INCIDENT

(a) Reportable incident defined. A reportable incident occurs, and a local law enforcement agency shall submit a report, under the following circumstances:

(1) when a license holder is arrested for a felony, a Class A or Class B misdemeanor, or disorderly conduct, or for any federal, state, or municipal offense involving unlawful possession, display, discharge, purchase, or transfer of a handgun, firearm, or weapon;

(2) when a license holder is responsible for a reportable discharge of a handgun or other firearm. A reportable discharge occurs when:

(A) a firearm is discharged accidentally;

(B) a firearm discharge results in injury to any person;

(D) any other discharge occurs other than during target practice, proficiency demonstration, ceremonial discharge, or weapon test;

(3) any other safety violation.

(b) Method of reporting. Data on the concealed handgun incident report form shall be submitted to the department on a monthly basis, along with such agency's Uniform Crime Reporting data.

You can contact the Concealed Handgun Licensing Section at :

Concealed Handgun Licensing Section
Texas Department of Public Safety
P O Box 4143
Austin, Texas 78765-4143

Phone: (512) 424-7293 or (512) 424-7294
Helpline: (800) 224-5744