reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter B - REPORTING PROPERTY CRIMES AGAINST THE ELDERLY › Section 5.13 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Report. Government Code, §
										411.051,
				  requires a state or local law enforcement agency that investigates a property
				  crime committed against an elderly individual to report the investigation in
				  the form and manner and at the regular intervals as prescribed by department
				  rules. This section comprises the department rules concerning the form, manner,
				  and interval for these reports.
(b)
				  Form. The investigating agency complies with the report form requirements of
				  law, if the agency, without regard to case clearance or whether any charge is
				  filed, reports the investigation to the department by forwarding:
(1) a copy of the initial investigative
				  report; and
(2) a copy of any
				  supplemental investigative report containing new, significant information
				  material to the investigation, including any ultimate charge or
				  disposition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter B - REPORTING PROPERTY CRIMES AGAINST THE ELDERLY › Section 5.14 - Processing and Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) CLERIS. The
				  department will process the information received under this subchapter by
				  entering selected information from the reports into CLERIS, the "Criminal Law
				  Enforcement Reporting and Information System" database.
(b) Analysis. The department will make
				  reasonable efforts to analyze the information under this subchapter.
(c) General report. The department may
				  provide a general statistical report of information or analysis under this
				  subchapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter B - REPORTING PROPERTY CRIMES AGAINST THE ELDERLY › Section 5.15 - Intelligence

Current through Reg. 49, No. 28; July 12, 2024
(a) Department responsibility. The department
				  will maintain any intelligence component of the database described by this
				  subchapter by extracting information from an investigative report or other
				  intelligence source. The department assumes responsibility for 28 CFR
				  compliance by the database.
(b)
				  Local intelligence database. Nothing in Government Code, §
										411.051,
				  or this subchapter prohibits a local law enforcement agency from establishing
				  and maintaining a local intelligence database about an individual offender or
				  group preying on the elderly.
(c)
				  28 CFR. The act of forwarding a copy of a report under this subchapter does not
				  by itself expose the submitting agency to any 28 CFR requirement.
(d) Other intelligence reports. The
				  department encourages submission and will accept any proper intelligence report
				  about an individual offender or group preying on the elderly.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter B - REPORTING PROPERTY CRIMES AGAINST THE ELDERLY › Section 5.16 - Dissemination

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. The department may disseminate
				  information received and the results of an analysis made under this subchapter:
(1) as permitted by law and this section;
				  and
(2) to a local law enforcement
				  agency, a political subdivision, or a state agency to the extent the
				  information or analysis is reasonably necessary or useful to the agency or
				  subdivision in carrying out the duties imposed by law on the agency or
				  subdivision.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.31 - Subchapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Agency--A criminal
				  justice agency, including the department when submitting a Threat Against Peace
				  Officer (TAPO) report.
(2)
				  Consensual citizen encounter--The approach of a citizen by an officer under
				  limited circumstances that are neither mandatory nor coercive and that do not
				  rise to the level of a detention or arrest, where:
(A) the citizen is objectively aware of the
				  freedom to leave; and
(B) the
				  officer engages in casual conversation rather than interrogation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.32 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  does not apply to every threat or offense targeting a peace officer or
				  detention officer or threats made by a group rather than an
				  individual.
(b) This subchapter
				  applies to a threat determined by a Texas criminal justice agency:
(1) to be a serious threat directed
				  specifically against an individual peace officer or detention officer or
				  generally against some or all peace officers or detention officers;
				  and
(2) not to be from an anonymous
				  source.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.33 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Under
				  Government Code, §
										411.048(i),
				  an agency entering an electronic TAPO record must comply with all TCIC and
				  TLETS policies with respect to the information held by the agency to support
				  the electronic record.
(b) No
				  agency may submit an electronic TAPO record without proper criminal predicate
				  directly related to the threat information supporting the electronic record.
(1) Criminal predicate is shown for an
				  electronic record when articulable information exists to establish sufficient
				  facts to give a peace officer, investigator, or other trained criminal justice
				  employee reasonable suspicion to believe that a particular individual has made
				  a serious threat against a peace officer or detention officer.
(2) The individual need not have been
				  arrested for the threat being investigated or any other crime, as predicate for
				  submitting information to TAPO.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.34 - Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) Under Government Code §
										411.048,
				  a criminal justice agency must, upon determining that an individual has made a
				  serious threat against a peace officer or detention officer, immediately enter
				  an electronic report of the determination into TAPO in the form and manner
				  provided by this subchapter.
(1) This section
				  comprises the department rules concerning the form and manner for these
				  reports.
(2) The form and manner
				  may contain discretionary or mandatory provisions. Mandatory provisions
				  describe the minimum information available to any agency making a proper TAPO
				  query. Discretionary provisions describe additional information that may be
				  stored by the department and available in a TAPO response.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.35 - Query

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency may query TAPO following the
				  query requirements specified by TCIC policy and procedure.
(b) An agency with proper query access to
				  TCIC through TLETS will receive a TAPO alert response to any one of several
				  person queries available through TCIC.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.36 - Dissemination

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will disseminate a TAPO
				  alert in compliance with this subchapter.
(b) The agency will immediately use a code to
				  make the initial alert dissemination to an officer in the field by radio or
				  other telecommunication system, unless there is a compelling reason to use
				  plain English.
(1) The agency may provide
				  other details of the alert, including the identity of the agency that submitted
				  the electronic record to contact for specific, detailed information about the
				  nature of the threat.
(2) The
				  department encourages but does not require a uniform, statewide code to make
				  the initial alert.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.37 - Use

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally, while TAPO is not designed to
				  provide information to justify most official action, the same facts supporting
				  the TAPO alert may be used as appropriate to support an action. TAPO merely
				  alerts the officer and identifies the agency to contact in order to verify
				  those facts. The officer may use the alert as expressly permitted by this
				  section and, after contacting the agency, take other appropriate action based
				  on direct information about any supporting fact.
(b) A TAPO alert indicates a potentially
				  dangerous individual, not necessarily a wanted person. No officer or agency may
				  use the TAPO by itself to provide:
(1)
				  probable cause for a warrantless arrest;
(2) probable cause in an affidavit for an
				  arrest or search warrant;
(3) a
				  ground of denial for a permit or other license; or
(4) reasonable suspicion to stop or detain an
				  individual.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 5 - CRIMINAL LAW ENFORCEMENT › Subchapter C - THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS › Section 5.38 - Retention and Review

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency must
				  retain the information supporting each electronic report submitted by the
				  agency following the retention requirements as specified by TCIC policy and
				  procedure.
(b) An agency must
				  systematically review the information supporting each electronic report
				  submitted by the agency to TAPO to ensure the record is still accurate,
				  complete and relevant.
(c) An
				  individual, who is the subject of the information in a TAPO record, may request
				  a copy of the TAPO record from the department in compliance with the Public
				  Information Act. The department shall promptly respond to the
				  request.
(d) An individual who is
				  the subject of the information in a TAPO record, may request the director
				  review the TAPO record to determine whether the information complies with this
				  subchapter. The department shall conduct the review using the same procedure
				  under the Code of Criminal Procedure, Chapter 67, for reviewing criminal
				  information collected on a criminal street gang.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter A - GENERAL PROVISIONS › Section 6.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless defined in this section or the context clearly
					 indicates otherwise, all terms used in this chapter have the meanings provided
					 by Government Code, §
										411.171:
(1) Act--Texas Government Code, Chapter 411,
				  Subchapter H.
(2) Certificate--The
				  authorization to instruct and test applicants for a license to carry a handgun
				  under the Act.
(3) Department--The
				  Texas Department of Public Safety
(4) License--The license to carry a handgun
				  issued under the Act.
(5) License
				  holder--A person licensed to carry a handgun under the Act.
(6) Warning--A written notification of a
				  violation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter A - GENERAL PROVISIONS › Section 6.2 - Approved First Responder Handgun Storage Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) A handgun storage device is approved by
				  the department for use by an on-duty first responder entering a location where
				  handguns are prohibited by federal law or otherwise if the handgun is stored in
				  a lockbox safe, or container designed by the manufacturer to safely secure and
				  store a handgun using a key, keycode, combination, biometrics, proximity
				  sensor, or other similar means to prevent unauthorized access or
				  theft.
(b) The approved storage
				  device must be secured in a manner that prevents the device from being easily
				  removed.
(c) To prevent an
				  unintentional discharge, only weapons and weapon accessories should be stored
				  in the approved device.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.11 - Application Review and Background Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) The statutory time periods for the
				  department to conduct application reviews and background investigations shall
				  be measured from the date a complete application is received by the department.
(b) For an application to be
				  considered complete, the department must receive all information required by
				  the Act and this chapter, including additional requests for information, and
				  all nonrefundable fees must be paid.
(c) If an application is not legible or
				  complete, the department will notify the applicant of the deficiency. The
				  applicant will have 90 days from the date of the deficiency notification letter
				  to amend the application. Upon written request, the department may extend the
				  period to amend the application for one additional 90 day period. After the
				  period to amend expires, the application process is terminated.
(d) An individual whose application is
				  terminated under this subsection will be required to submit new application
				  materials and fees to apply for a license in the future.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.12 - Fingerprints

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by §411.175
				  of the Act, electronic fingerprints are required for all original applicants
				  and must be submitted through the department's approved vendor.
(b) For renewals, if fingerprints on file do
				  not meet current Federal Bureau of Investigation or the department's quality
				  standards, applicants will be required to submit a new set of electronic
				  fingerprints to complete the renewal application process.
(c) Active peace officers are not required to
				  submit electronic fingerprints unless the fingerprints are not on file with the
				  department or those on file are deficient.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.13 - Photographs

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a license must submit
				  photographs unless the applicant holds an unexpired Texas driver license or an
				  unexpired Texas personal identification certificate.
(b) If an applicant is required to submit
				  photographs, the applicant shall submit two recent identical photographs of the
				  applicant to the department. The photographs must:
(1) be passport style, unretouched prints and
				  not snapshots, vending machine prints, or full length photographs;
(2) be 2 inches by 2 inches in size and
				  printed on photo quality paper;
(3)
				  be taken in normal light, with a contrasting white background;
(4) 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; and
(5)
				  be taken without eyeglasses.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.14 - Proficiency Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The figure in
				  this section provides the proficiency demonstration requirements applicable to
				  applicants for either a license to carry a handgun or certification as a
				  qualified handgun instructor.
Attached Graphic
(b) A handgun license
				  applicant must score at least 70% on both the written examination and the
				  proficiency examination.
(c) A
				  handgun license applicant will have three opportunities to pass the written
				  examination and the proficiency examination within a 12 month period.
(d) The qualified handgun instructor or
				  approved online course provider must submit all examination failures to the
				  department on the class completion notification. The notification must indicate
				  if the failure occurred after the handgun license applicant had been given
				  three opportunities to pass the examinations.
(e) On successful completion of the written
				  or proficiency examinations, the qualified handgun instructor or approved
				  online course provider, as applicable, shall certify the handgun license
				  applicant has established his or her proficiency on the form and in the manner
				  determined by the department.
(f)
				  All LTC-100 and LTC-101 certificates of training are valid for two years from
				  the date of issuance. Any certificate of training that is required in
				  conjunction with an application must be valid on the date the completed
				  application is submitted to the department.
(g) The qualified handgun instructor shall
				  require all handgun license applicants complete the range instruction part of
				  the handgun proficiency course before allowing a physical demonstration of
				  handgun proficiency.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.15 - Duplicate License

Current through Reg. 49, No. 28; July 12, 2024
A license holder may not possess more than one license to
					 carry a handgun issued by the department. A license holder who receives a
					 renewal or duplicate license shall destroy the old license promptly upon
					 receipt of the duplicate license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.16 - Renewal of License

Current through Reg. 49, No. 28; July 12, 2024
(a) An expired
				  license may be renewed for up to one year after the expiration date. If the
				  license has been expired for more than one year, the former license holder must
				  submit an original license application to receive a license in the
				  future.
(b) Renewal notices will be
				  provided to a license holder no more than six months before the expiration date
				  to the mailing address currently reported to the department by the license
				  holder.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.17 - Designations

Current through Reg. 49, No. 28; July 12, 2024
(a) The list in this subsection reflects the
				  current designations as they appear on the license and the individuals to whom
				  the designations may apply:
(1) Veteran:
				  Military veterans meeting the requirements of Government Code, §
											411.1951;
(2) Judge/Prosecutor: Judges or justices,
				  prosecuting attorneys, United States attorneys, assistant United States
				  attorneys, the attorney general, assistant attorney generals, district
				  attorneys, assistant district attorneys, criminal district attorneys, assistant
				  criminal district attorneys, county attorneys, assistant county attorneys, and
				  municipal attorneys;
(3)
				  Instructor: Individuals certified as qualified handgun instructors;
(4) Protected Person: Individuals meeting the
				  requirements for the protective order designation under Government Code, §
											411.1735 or the
				  at-risk designation under Government Code, §
											411.184;
				  and
(5) Court Clerk: District or
				  county clerks.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter B - ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN › Section 6.18 - First Responder Certification; Renewal of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) A handgun license holder who is also a
				  first responder, as defined in Section
				  46.01, Penal Code,
				  may obtain the first responder certification by:
(1) successfully completing the first
				  responder certification course offered by a qualified handgun instructor who is
				  certified as a first responder instructor; and
(2) submitting a request for a first
				  responder certification, including the certificate of completion (LTC-103)
				  provided by the first responder instructor and any documentation requested by
				  the department establishing the requestor's employment as a first
				  responder.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.31 - Qualified Handgun Instructor Application

Current through Reg. 49, No. 28; July 12, 2024
(a) If an incomplete qualified handgun
				  instructor application is received, the department will notify the applicant in
				  writing the application is incomplete and specify the information needed to
				  complete the application. The additional information must be submitted to the
				  department within 90 days of the date of the deficiency notice. Failure to
				  provide the required documentation within the specified time period will result
				  in termination of the application.
(b) In addition to the provisions of this
				  section, a person applying for a qualified handgun instructor license must
				  comply with all standards and requirements applicable to the eligibility and
				  application procedure for a license to carry a handgun, as detailed in
				  Subchapter B of this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.32 - Qualified Handgun Instructor Training Course

Current through Reg. 49, No. 28; July 12, 2024
(a) As part of the initial training course,
				  the qualified handgun instructor applicant must demonstrate handgun proficiency
				  and pass a written examination.
(b)
				  Once a qualified handgun instructor applicant has submitted a complete
				  application, the department will schedule the applicant for a qualified handgun
				  instructor training course and notify the applicant of the date, time and
				  location of the course. Only scheduled applicants will be permitted to attend
				  the course.
(c) A qualified handgun
				  instructor applicant who is required to attend in person and is not able to
				  attend the course of instruction for which he or she is scheduled may request
				  to be rescheduled for another class. If the qualified handgun instructor
				  applicant fails to attend this second scheduled class, the application will be
				  terminated and the individual will be required to submit a new application in
				  order to attend a course in the future.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.33 - Handgun Proficiency Training Equipment

Current through Reg. 49, No. 28; July 12, 2024
A qualified handgun instructor applicant must bring the
					 required equipment, detailed in this section, to handgun proficiency training:
					 one semi-automatic handgun; one non semi-automatic handgun; ammunition; ear
					 protection (over-the-ear) and eye protection; other appropriate protective
					 clothing; and other equipment as determined by the department. Handguns must be
					 at least .32 caliber.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.34 - Inspection of Handguns

Current through Reg. 49, No. 28; July 12, 2024
Each handgun used in a training course 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 department's instructor finds a weapon is unsafe, then the
					 instructor will reject the weapon for use in training and qualifications. The
					 instructor may require any handgun be secured or removed from department
					 premises.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.35 - Qualifying Scores

Current through Reg. 49, No. 28; July 12, 2024
(a) A qualified
				  handgun instructor applicant must qualify using the department's course of fire
				  on both the semi-automatic and non semi-automatic handgun with a minimum score
				  of 90%. The instructor applicant will have two opportunities to demonstrate
				  proficiency as described in §
										6.14(a)
				  of this title (relating to Proficiency Requirements) during the training
				  course.
(b) A qualified handgun
				  instructor applicant must pass a written exam with a minimum score of 80%. The
				  instructor applicant will be given two opportunities to pass the written exam
				  during the training course.
(c)
				  The department will terminate a qualified handgun instructor applicant who
				  fails to complete the course or fails to pass either the written or proficiency
				  examination on the second attempt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.36 - Conduct During Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A qualified
				  handgun instructor applicant may be removed from the training course at the
				  discretion of the department. Reasons for removal may include but are not
				  limited to unsafe conduct, unsafe handling of equipment, failure to follow
				  range rules, or failure to follow all applicable state and federal laws.
(b) The department may terminate
				  the application of a qualified handgun instructor applicant who is removed from
				  the training course.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.37 - Failure to Qualify for Certification

Current through Reg. 49, No. 28; July 12, 2024
An instructor applicant who fails to qualify on their
					 first attempt for certification will be given a preference for an opportunity
					 to attend the normal course of instruction within 12 months.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.38 - No Authority to Carry

Current through Reg. 49, No. 28; July 12, 2024
Certification as an instructor does not authorize a person
					 to carry a handgun.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.40 - Facilities and Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) With the
				  exception of online courses offered by approved online course providers, all
				  instruction must be conducted in person by qualified handgun instructors who
				  hold a valid certificate in Texas. Guest instructors, webinars, and videos may
				  not substitute for the required course hours.
(b) All classroom and range instruction for
				  license applicants shall be conducted in this state. Classroom and range
				  instruction may be subject to observation by the department, for purposes of
				  ensuring compliance with the instruction and examination requirements.
				  Instruction may not be conducted at a location not accessible to the
				  department.
(c) The department's
				  current curriculum must be used by the qualified handgun instructor.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.41 - Instructor Reports to the Department

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  On completion of a training course by an applicant for a license, the qualified
				  handgun instructor who trained the applicant shall submit a class completion
				  report to the department within five business days indicating only whether the
				  applicant passed or failed.
(b) If
				  an accidental discharge occurs during training or proficiency examination, the
				  qualified handgun instructor shall submit a report to the department within
				  five business days.
(c) Reports
				  must be submitted using the forms approved by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.42 - Record Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) A qualified
				  handgun instructor shall make available for inspection to the department any
				  and all records maintained by the instructor under the Act. A qualified handgun
				  instructor shall retain:
(1) the instructor's
				  certificate of training;
(2) course
				  materials including curriculum, lesson plans, presentations, and any other
				  documents used during the course; and
(3) copies of reports submitted to the
				  department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.43 - Restrictions on Advertising and Promotional Material

Current through Reg. 49, No. 28; July 12, 2024
(a) A qualified handgun instructor may not
				  use the State Seal of Texas in advertising or promotional materials other than
				  as provided in Business and Commerce Code, §
										17.08.
(b) A qualified handgun instructor
				  may not use the department's name or insignia, or the name of any division of
				  the department, in advertising or promotional materials, in a manner misleading
				  to the general public.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.44 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Qualified handgun instructor applicants and qualified
					 handgun instructors are required to comply with all applicable municipal
					 ordinances, state and federal statutes, and rules, regulations, policies and
					 operational procedures of the department. Failure to comply may constitute
					 grounds for denial, suspension, or revocation of the person's qualified handgun
					 instructor certification or removal from training.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.45 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A qualified
				  handgun instructor may be subject to disciplinary action for violations of this
				  chapter or the Act. The figure in this section provides the administrative
				  penalty schedule for violations.
Attached Graphic
(b) If multiple violations are
				  found, the department may impose separate penalties for each violation as noted
				  on the penalty schedule. The department may require multiple suspension periods
				  be served consecutively based on the severity, duration, frequency and
				  seriousness of the violations.
(c)
				  Any violation of the same category committed after a prior finalized violation
				  will be subject to an enhanced penalty. A finalized violation is a violation
				  that was finally adjudicated or was not requested to be reviewed under
				  §411.180
				  and §411.191
				  of the Act.
(d) The department may
				  impose an enhanced penalty in cases involving particularly egregious,
				  dangerous, or intentional violations.
(e) Review of the department's actions under
				  this section are governed by §411.191 of the Act.
(f) No courses may be offered or conducted
				  following a final suspension or revocation of the instructor's certification.
				  Applications for a license to carry a handgun submitted based on a course taken
				  from an instructor whose certification is suspended or revoked will be rejected
				  as incomplete.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.46 - Renewal of Qualified Handgun Instructor Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The certificate of a qualified handgun
				  instructor expires on December 31 following the second anniversary after the
				  date the certificate was issued.
(b) To renew certification, an instructor
				  must pay a fee of $100 and successfully complete the retraining courses
				  required by the department. An instructor whose certificate has expired may
				  renew the certificate up to one year after its expiration. After one year, the
				  instructor must reapply as a new qualified handgun instructor
				  applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter C - QUALIFIED HANDGUN INSTRUCTOR LICENSE › Section 6.47 - Online Renewal Course for Qualified Handgun Instructor Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An online renewal course for qualified
				  handgun instructors will be conducted every alternate renewal period. Qualified
				  handgun instructor renewal applicants who are eligible for online retraining
				  under §411.190(d-1)
				  of the Act will be notified.
(b) A
				  qualified handgun instructor who is eligible to take the renewal course online
				  must complete the course prior to the expiration of the instructor's current
				  certificate, but not earlier than six months prior to the date of expiration.
				  If the instructor fails to complete the course within six months of the date of
				  expiration, the application will be terminated and the individual will be
				  required to submit a new application.
(c) A written examination must be taken and
				  passed with a minimum score of 80%.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter D - SCHOOL SAFETY CERTIFICATION FOR QUALIFIED HANDGUN INSTRUCTORS › Section 6.62 - Certified School Safety Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  certified school safety instructor may provide school safety training to
				  employees of a school district or an open-enrollment charter school who are
				  current holders of a license to carry a handgun.
(b) The school safety course must be taught
				  using the department approved curriculum and examinations. The course of
				  instruction for school safety instructors shall be 15-20 hours in
				  length.
(c) School safety courses
				  must have a certified school safety instructor to student ratio of no greater
				  than 1:6 and may have no more than twelve students per course.
(d) Following the classroom portion and the
				  practical exercises, students must pass the department approved final written
				  examination with a score of 90% or better. Failing students will not receive a
				  certificate of completion from the instructor. The student may reapply as a new
				  applicant for a future course.
(e)
				  The students will participate in 5 practical exercises. One of these exercises
				  involves shooting a handgun. The students must participate and perform
				  adequately to progress through the class, as determined by the instructor. The
				  practical exercises may not be provided to students in advance, and students
				  may not be permitted to practice.
(f) On completion of the school safety
				  course, the certified school safety instructor who conducted the course shall
				  submit a report within five business days to the department indicating only
				  whether the participants in the course passed or failed. The report must be
				  submitted in the manner determined by the department.
(g) Students who pass the course shall be
				  provided a form approved by the department.
(h) Certified school safety instructors must
				  comply with this chapter's rules relating to license to a qualified handgun
				  instructor license course scheduling, reporting, and record retention unless
				  otherwise provided in this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.81 - Approved Online Course Provider Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An applicant for certification as an approved online course provider must have
				  at least three years of experience in providing online course instruction. This
				  experience must be through web-based technologies and must include the
				  presentation of course material and the provision of student examinations.
				  Uploaded video presentations alone are not sufficient to establish such
				  experience.
(b) The applicant must
				  submit verifiable documentation of the online course instruction experience
				  required in subsection (a) and an affidavit attesting to the accuracy and
				  validity of the documentation.
(c)
				  If an incomplete approved online course provider application is received, the
				  department will notify the applicant in writing the application is incomplete
				  and specify the information needed to complete the application. The additional
				  information must be submitted to the department within 90 days of the date of
				  the deficiency notice. Failure to provide the required documentation within the
				  specified time period will result in termination of the application.
(d) In addition to the provisions of this
				  section, a person applying for a certificate as an approved online course
				  provider must comply with all standards and requirements applicable to the
				  eligibility and application procedure for a license to carry a handgun, as
				  detailed in Subchapter B of this chapter.
(e) A current qualified handgun instructor
				  who meets the qualifications for certification as an approved online course
				  provider may obtain certification as an approved online course provider by
				  submitting the appropriate application and fee. The instructor course is not
				  required if the individual is currently an active qualified handgun
				  instructor.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.82 - Qualifying Scores

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved
				  online course provider applicant must pass a written exam with a minimum score
				  of 80%. The applicant will be given two opportunities to pass the written exam
				  during the training course.
(b) The
				  department will terminate an applicant who fails to pass the written
				  examination on the second attempt.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.83 - Failure to Qualify for Certification

Current through Reg. 49, No. 28; July 12, 2024
An approved online course provider applicant who fails to
					 qualify on their first attempt for certification will be given a preference for
					 an opportunity to attend the normal course of instruction within 12
					 months.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.84 - No Authority To Carry

Current through Reg. 49, No. 28; July 12, 2024
Certification as an approved online course provider does
					 not authorize a person to carry a handgun.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.85 - Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) Online courses are subject to review by
				  the department, for purposes of ensuring compliance with the instruction and
				  examination requirements.
(b) The
				  department's current curriculum must be used by the approved online course
				  provider.
(c) Approved online
				  course providers shall issue certificates of course completion only to students
				  who have successfully completed all elements of the department approved license
				  to carry curriculum.
(d) Approved
				  online course providers must develop and maintain a means to ensure the
				  security and integrity of all student information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.86 - Approved Online Course Provider Reports to the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) On completion of a training course by an
				  applicant for a license, the approved online course provider who trained the
				  applicant shall submit a class completion report to the department within five
				  business days indicating only whether the applicant passed or failed.
(b) Reports must be submitted
				  using the forms approved by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.87 - Record Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) Approved online
				  course providers must be located, or maintain a registered agent, in the State
				  of Texas. Approved online course providers that process, deliver, or store
				  curriculum materials, or student records of course completion to be used for
				  the department approved license to carry a handgun course must be located
				  within the United States.
(b) An
				  approved online course provider shall make available for inspection to the
				  department any and all records maintained by the provider under the Act. An
				  approved online course provider shall retain:
(1) the approved online course provider's
				  certificate of training;
(2) course
				  materials including curriculum, lesson plans, presentations, and any other
				  documents used during the course; and
(3) copies of reports submitted to the
				  department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.88 - Restrictions on Advertising and Promotional Material

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved online course provider may
				  not use the State Seal of Texas in advertising or promotional materials other
				  than as provided in Business and Commerce Code, §
										17.08.
(b) An approved online course provider may
				  not use the department's name or insignia, or the name of any division of the
				  department, in advertising or promotional materials, in a manner misleading to
				  the general public.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 6 - LICENSE TO CARRY HANDGUNS › Subchapter E - APPROVED ONLINE COURSE PROVIDERS › Section 6.89 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Approved online course applicants and providers are
					 required to comply with all applicable municipal ordinances, state and federal
					 statutes, and rules, regulations, policies and operational procedures of the
					 department. Failure to comply may constitute grounds for denial, suspension, or
					 revocation of the person's approved online course provider certification or
					 removal from training.