Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 5,993
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The amendment to 6.42 is made to clarify a record retention
obligation of instructors.
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 public
benefit anticipated as a result of enforcing the rules will be the
ability to find and understand the requirements and procedures
to obtain certification as a License to Carry Qualified Handgun
Instructor.
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 depart-
ment'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.
6.32. Qualified Handgun Instructor Training Course.
(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 submit-
ted a complete application, the department will schedule the applicant
for a qualified handgun instructor training course and notify the ap-
plicant of the date, time and location of the course. Only scheduled
[qma1ofied handgun instrutor] 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 forwhich 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 in-
dividual will be required to submit a new application in order to attend
a course in the future.
6.40. Facilities and Instruction.
(a) With the exception of online courses offered by approved
online course providers, all [All] instruction must be conducted in per-
son 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. In-
struction may not be conducted at a location not accessible to the de-
partment.
(c) The department's current curriculum must be used by the
qualified handgun instructor.
6.42. Record Retention.
(a) A qualified handgun instructor shall make available for in-
spection to the department any and all records maintained by the in-
structor 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.
(b) Records must be retained for a period of six years after
completion. Records must be stored in a safe and secure place and
must be available for inspection by the department.
(c) If the qualified handgun instructor certification is revoked
or surrendered, the records subject to this section should be returned to
the department.
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-201704099
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
4 4 4
37 TAC 6.39
The Texas Department of Public Safety (the department) pro-
poses the repeal of 6.39, concerning Prior Notice of Training
Required. The department has determined the requirement im-
posed by this rule is unnecessary to the effective administration
of the statute.
Suzy Whittenton, Chief Financial Officer, has determined that for
each year of the first five-year period the repeal is in effect there
will be no fiscal implications for state or local government, or local
economies.PROPOSED RULES October 27, 2017 42 TexReg 5993
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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/m1/81/?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.