Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 5,992
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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SUBCHAPTER B. ELIGIBILITY AND
APPLICATION PROCEDURES FOR A LICENSE
TO CARRY A HANDGUN
37 TAC 6.14, 6.16
The Texas Department of Public Safety (the department) pro-
poses amendments to 6.14 and 6.16, concerning Eligibility
and Application Procedures for a License to Carry a Handgun.
Amendments to 6.14 and 6.16 are made as a result of 85th
Legislative Session, HB 3784 and SB 16 respectively. Additional
changes have been made to 6.14 to clarify proficiency require-
ments.
Suzy Whittenton, Chief Financial Officer, has determined that for
each year of the first five-year period the rules are in effect there
will be no fiscal implications for state or local government, or local
economies.
Ms. Whittenton has also determined that there will be no ad-
verse economic effect on small businesses, micro-businesses,
or rural communities required to comply with the rules as pro-
posed. There is no anticipated economic cost to individuals who
are required to comply with the rules as proposed. There is no
anticipated negative impact on local employment.
In addition, Ms. Whittenton has also determined that for each
year of the first five-year period the rules are in effect, the pub-
lic benefit anticipated as a result of enforcing the rules will be
the ability to find and understand the requirements and proce-
dures to obtain certification as a License to Carry online course
provider.
The department has determined this proposal is not a "major
environmental rule" as defined by Texas Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule that the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
The department has determined that Chapter 2007 of the Texas
Government Code does not apply to this proposal. Accordingly,
the department is not required to complete a takings impact as-
sessment regarding this proposal.
Comments on this proposal may be submitted to Steve
Moninger, Regulatory Services Division, Department of Public
Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or
by email at https://www.dps.texas.gov/rsd/contact/default.aspx.
Select "Handgun Licensing". Comments must be received no
later than thirty (30) days from the date of publication of this
proposal.
These rules are proposed pursuant to Texas Government Code,
411.004(3), which authorizes the Public Safety Commission
to adopt rules considered necessary for carrying out the de-
partment's work, and 411.197, which authorizes the director to
adopt rules to administer this subchapter.
Texas Government Code, 411.004(3) and 411.197, are af-
fected by this proposal.
6.14. Proficiency Requirements.(a) The figure in this section provides the proficiency demon-
stration requirements applicable to applicants for either a license to
carry a handgun or certification as a qualified handgun instructor.
Figure: 37 TAC 6.14(a)(No change.)
(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 [of the written exami-
nation of the profi-eieney examination] to the department on the class
completion notification. The notification [and] must indicate if the fail-
ure occurred after the handgun license applicant had been given three
opportunities to pass the examinations.
(e) On successful completion of the written or [and] profi-
ciency 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 certificates of training (LTC-100 or LTC-101) are valid
for one year 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.
6.16. Renewal of License.
(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 appli-
cation 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.
{(c) The renewal fee for a license will k e$7-0 except as other-
wie provided by the Ac:]
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on October 13,
2017.
TRD-201704098
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: November 26, 2017
For further information, please call: (512) 424-5848
SUBCHAPTER C. QUALIFIED HANDGUN
INSTRUCTOR LICENSE
37 TAC 6.32, 6.40, 6.42
The Texas Department of Public Safety (the department) pro-
poses amendments to 6.32, 6.40, and 6.42, concerning Qual-
ified Handgun Instructor License. Amendments to 6.32 and
6.40 are made as a result of 85th Legislative Session, HB 3784.42 TexReg 5992 October 27, 2017 Texas Register
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/80/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.