EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part XIV. Texas Board of Veterinary Medical Examiners Chapter 577. General Administrative Duties Staff and Miscellaneous 22 TAC sec.577.15 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.577.15, concerning Fee Schedule, on an emergency basis. The section sets out the fees charged for examinations, license renewals, open records and mailings lists and labels. Legislation passed during the 74th legislative session exempts examination fees from the $200 professional fee previously charged. The amendment lowers the cost for the State Board Examination. A recent increase in fees charged to the Board for the National Examinations has also required an increase in these fees. The emergency adoption is necessary because the Board will not meet to adopt the amendment prior to materials being distributed for a September, 1995 examination. A proposed rule amending a majority of the Board fees is being simultaneously posted. The additional fee changes are not included in the emergency posting as it is not necessary to adopt the other fees on an emergency basis. The amendment is adopted on an emergency basis under the authority of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890, sec.7(a), which state "The Board may make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The amendment affects the Veterinary Licensing Act, Article 8890, sec.19(a), which mandate that the Board, by rule, establish reasonable and necessary fees to produce sufficient revenue to cover the costs of administering the Act. sec.577.15. Fee Schedule.
    The Board shall establish fee amounts in accordance with the Veterinary Licensing Act, Article 8890, sec.19(a), (b), and (c). [The following fees are in effect September 1, 1993 with the exception of the Renewal Fee which will become effective January 1, 1995:]
      Figure 1: 22 TAC sec.577.15-Emergency Issued in Austin, Texas, on June 15, 1995. TRD-9507511 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: June 20, 1995 Expiration date: October 18, 1995 For further information, please call: (512) 447-1183 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 6. License To Carry Concealed Handgun 37 TAC sec.sec.6.1, 6.11-6.15, 6.41-6.54 The Texas Department of Public Safety adopts on an emergency basis new sec.sec.6.1, 6.11-6.15, and 6.41-6.54, concerning the licensing of individuals to carry concealed handguns. These adoptions are necessary to implement the provisions of Senate Bill 60, 74th Legislature, 1995, which requires the Texas Department of Public Safety to adopt necessary procedures by which qualified handgun instructors may become certified to instruct applicants for a license to carry a concealed handgun. Pursuant to Government Code, sec.2001.034, the department finds that enactment of Senate Bill 60 creates an immediate necessity that the department create and implement certain preliminary procedures, in anticipation of the September 1, 1995, effective date. Specifically, the department finds that it is necessary and consistent with the intent of the Legislature that the department begin the process of certifying qualified handgun instructors prior to September 1, 1995. The department finds that adoption of these rules on fewer than 30 days notice is required by state law. The department will be accepting applications for instructor training and certification in late June, 1995. Instructor certification is not effective before September 1, 1995. Until September 1, 1995, only informal department procedures will be available to resolve problems arising from the instructor application procedure. The department will begin accepting license applications on September 1, 1995. Department approved course instruction for license applicants will not begin before September 1, 1995. No license to carry a concealed handgun will be effective before January 1, 1996. The new rules are adopted on an emergency basis under Texas Government Code, sec.411.006(4), which provides the director with the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.6.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Certified handgun instructor-Refers to a qualified handgun instructor. Chemically dependent person-Refers to a person who 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. Concealed handgun -Refers to a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person. Convicted-Refers to 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-Refers to the Texas Department of Public Safety, including employees of the department. Director-Refers to 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 employees of the Texas Department of Public Safety, unless otherwise specified by the Director. Handgun-Has the meaning assigned by Texas Penal Code, sec.46.01. Instructor applicant -Refers to a person who applies to become a certified handgun instructor. Intoxicated-Has the meaning assigned by Texas Penal Code, sec.49.01. License applicant -Refers to an applicant for a license to carry a concealed handgun under Texas Civil Statutes, Article 4413(29ee). License holder -Refers to a person licensed to carry a concealed handgun under Texas Civil Statutes, Article 4413(29ee). Premises-Refers to a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Qualified handgun instructor-Refers to a person who is certified by the department to instruct in the use of handguns. Residence-Refers to domicile; that is, one's home and fixed place of habitation to which he intends to return after any temporary absence. The term "residence" also has the meaning assigned in sec.15.25 of this title (relating to Address). Unsound mind-Refers to 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; (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; or (D) a person who refuses against medical advice to take medication recommended by a licensed physician shall be considered to be "under medication." sec.6.11. Eligibility for License to Carry a Concealed Handgun. (a) To be eligible for a license to carry a concealed handgun, a person must meet the following requirements: (1) An applicant must provide proof of residency 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 un-expired 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 canceled checks showing payment of rent may be used to support a claim of residency; (D) records of utility payments; and (E) other proof acceptable to the department. (2) The applicant must be at least 21 years of age. Proof of age may be shown by a Texas driver's license, personal identification card, or in the manner prescribed in sec.15.24 of this title (relating to Birth Certificate Or Other Acceptable Evidence). (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 charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code, sec.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, s42.01. 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. (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. (12) The applicant must not have been finally determined to be in default on a loan made under the Education Code, Chapter 57. (13) The applicant must not be currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship. This provision includes a protective order issued under the Family Code, sec.3.58, sec.3.581, or Family Code, Chapter 71, but does not include any restraining order or protective order solely affecting property interest. (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. (b) An individual who 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 is a chemically dependent person for the purposes of this section and is not qualified to receive a license. Nothing in this subsection shall preclude the disqualification of an individual for being a chemically dependent person if other evidence exists that the person is a chemically dependent person. sec.6.12. Preliminary Application Procedure: Application Request Card. (a) Requests for license application materials will not be available to the public and will not be accepted by the department prior to August 15, 1995. Beginning on that date, the department shall distribute upon request a copy of Texas Civil Statutes, Article 4413(29ee) and license application materials to interested persons. (b) A person who wishes to apply for a license to carry a concealed handgun must first obtain an application request card form. (c) The request for application material form will be made available to interested parties through the following institutions and persons: (1) the department; (2) handgun dealers; and (3) other persons or entities approved by the department. (d) The request for application materials shall be submitted on an application request card form prescribed by the department. The application request card must include the following information: (1) applicant's full name, in accordance with sec.15.23 of this title (relating to Names); (2) applicant's address, in accordance with sec.15.25 of this title (relating to Address); (3) applicant's race; (4) applicant's sex; (5) applicant's height; (6) applicant's date of birth; (7) applicant's state and county of birth; (8) applicant's 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; and (9) other identifying information required by the department. (e) No fee will be required to obtain the application request card. No fee will be required to be sent in with the application request card. (f) 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 sec.6.53 of this title (relating to Correspondence). sec.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 or not 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 to the individual the appropriate application materials. (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 about the grounds for disqualification. If the applicant contests the validity of a warrant or criminal history record, then the applicant may submit his or her fingerprints to the department through a law enforcement agency in accordance with sec.6.14(a)(5) of this title (relating to Application). The department will 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. sec.6.14. Application. (a) A license applicant must complete the following application materials and forward the completed materials to the department at its headquarters in Austin: (1) a completed application on a form provided by the department. (2) 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 2 by 2 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 1 and 1-3/8 inches. Only the applicant may be portrayed. (3) proof of age as established by a driver's license or personal identification card issued by the department, or a certified copy of the applicant's birth certificate, or other certified proof of age; (4) proof of residency in this state; (5) 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 (2) of this section, two blank fingerprints cards supplied by the department, and an instruction page included in the application materials. An instructor applicant is not required to submit photographs. Two complete sets of legible and classifiable fingerprints of the applicant must be taken on cards provided by the department. The person who takes 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. (An instructor applicant is not required to provide this signature.) The applicant's signature must comply with s15.21 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) except as otherwise provided, the applicant must submit a non-refundable application and license fee of $140. The fee must be in the form of a cashier's check or money order made payable to the Texas Department of Public Safety; (7) a handgun proficiency certificate issued upon successful completion of a handgun proficiency course approved by the department and taught by a certified handgun instructor; (8) affidavits signed by the applicant to state the following: (A) that the applicant has read and understands each provision of this article 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; (B) that the applicant fulfills all the eligibility requirements for a license to carry a concealed handgun; and (C) that 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. (b) An applicant must provide on the application a statement of the applicant's: (1) full name and place and date of birth; (2) race and sex; (3) residence and business addresses for the preceding five years; (4) hair and eye color; (5) height and weight; (6) driver's license number or identification certificate number issued by the department; (7) criminal history record information of the type maintained by the department under Government Code, Chapter 411, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses; and (8) history during the preceding five years, if any, of treatment received by, commitment to, or residence in: (A) a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state; or (B) a psychiatric hospital. (c) Applications submitted must be complete and legible. If an application is not legible or is not complete, the department will notify the applicant of the 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. sec.6.15. Review of Application and Background Investigation. (a) The scope of the background investigation is within the sole discretion of the department. (b) The department shall conduct the background investigation within the time required, as measured from the date when the application was received. The application is not considered to have been received until it is complete. (c) On receipt of the completed application materials by the department at its Austin headquarters, the department shall review the application and conduct the appropriate criminal history record check of the applicant through its 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. (d) Not later than the 30th day after the date the department receives the application materials, the department shall forward the application materials to the director's designee in the geographical area of the applicant's residence so that the designee may conduct the field background investigation. (e) 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. (f) 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. (g) The director's designee is authorized to obtain copies of official records of arrests or convictions if necessary. (h) 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 an applicant for a license to carry a concealed handgun. (i) Upon receipt of reliable information, the director's designee is authorized to conduct follow-up investigation as necessary. (j) 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 sec.6.53 of this title (relating to Correspondence). The investigation results shall include a written recommendation that the application either be approved or disapproved. (k) The investigation results may include one or more affidavits stating grounds for denial of license. sec.6.41. Eligibility for Certification of Handgun Instructors. (a) To be eligible to be a certified handgun instructor, a instructor applicant must meet the minimum eligibility requirements to be licensed to carry a concealed handgun, as provided in s6.11 of this title (relating to Eligibility For License To Carry A Concealed Handgun). To qualify for certification as a handgun instructor, the instructor applicant must take and successfully complete the training offered by the department. The instructor applicant must demonstrate knowledge and ability to instruct persons on required subjects. (b) A certified handgun instructor is not required to be licensed to carry a concealed handgun. A certified handgun instructor who is not licensed is not authorized to carry a concealed handgun. (c) An instructor applicant must complete an application on a form approved and supplied by the department. The instructor application form and materials will include the same information as a license application form, as provided in sec.6.14 of this title (relating to Application) except that no photographs are required. Instructor applicants will be required to submit certain additional information as required by the department. (d) An instructor applicant is subject to a background investigation substantially similar to the background investigation required for license applicants, as provided in sec.6.15 of this title (relating to Review Of Application And Background Investigation). (e) An instructor applicant shall pay a non-refundable fee of $100 to the department for necessary training. (f) The department shall provide training to instructor applicants. The department finds that it is the intent of the Legislature that proficiency training for license applicants be made available throughout all regions of the state. To that end, the department will attempt to ensure that instructor applicants from all regions of the state are admitted to training. The department will allocate available training resources accordingly. (g) An instructor applicant must bring all necessary equipment to training. The following equipment is required: one non semi-automatic handgun; one semi- automatic handgun; ammunition; ear protection; eye protection; other appropriate protective clothing; and other equipment as determined by the department. Handguns must be at least 9 millimeter or .38 caliber. (h) 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 that weapon for use in training and qualifications. The instructor may require that any handgun be secured or removed from department premises. (i) Only standard Sporting Arms Ammunition Manufacturing Institute (SAAMI) ammunition may be used during training and qualification. (j) 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. (k) A standard proficiency qualification course will be developed by the department for use in both instructor and licensee qualification. A demonstration of proficiency shall be based on fifty rounds. sec.6.42. Certified Handgun Instructor Course Instruction. (a) 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. (b) 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. (c) 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 course. 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. (d) 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. Ejection shall be at the sole discretion of the instructor. (e) 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. Removal shall be at the sole discretion of the instructor. (f) The normal course of instruction for instructor applicants shall be forty hours in length. (g) 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. sec.6.43. Abbreviated Certified Handgun 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 a preference for an opportunity to attend the normal course of instruction within six months. sec.6.44. Expiration of Instructor Certification. The certification of a qualified handgun instructor expires on the second anniversary after the date of certification. sec.6.45. Renewal of Instructor Certification. To renew a certification, the certified handgun instructor must pay a fee of $100 and take and successfully complete the retraining courses required by rule of the department. sec.6.46. Certified Handgun Instructors to Instruct Licensee Applicants. (a) Upon certification, a certified handgun instructor may conduct training for licensee applicants. Instructor certification is not effective before September 1, 1995. Course training credit may not be extended to license applicants for training which occurs prior to September 1, 1995. (b) Certified handgun instructors shall instruct their students on the basis of the curriculum developed and approved by the department. The department may monitor course instruction by certified instructors. 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 should be directed to the Texas Department of Public Safety, in care of Pistol Range, P.O. Box 4087, Austin, Texas 78773-0001. sec.6.47. Classroom and Range Facilities. 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 approval by the department. Each range will be assigned an identification number to facilitate monitoring by the department. 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 the certified instructor(s) responsible for the training session. sec.6.48. Certified Handgun Instructor Reports and Records; Retention. (a) Certified handgun instructors are required to maintain records and to submit regular reports to the department. Reports must be submitted on forms approved by the department, and on the most recent version of the form adopted. (b) After a license applicant has completed a training course, a certified handgun instructor who trained the applicant shall submit an appropriate report to the department within five business days. (c) Certified handgun instructors shall retain license applicant records, test scores, critiques, proficiency demonstrations, course materials, and copies of reports submitted to the department 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. (d) Proficiency certificates will be available for sale by the department to certified instructors for $5.00 each, and are to be sold in lots of ten or more. Proficiency certificates may be awarded to qualified license applicants, but may not otherwise be transferred to other certified instructors or to other persons. 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. sec.6.49. Compliance. Instructor applicants and certified handgun instructors are required to comply with all applicable statutes, rules, regulations, and Texas Department of Public Safety Training Academy operational procedures. Failure to comply may constitute grounds for removal from training, or denial, suspension, or revocation of instructor certification. sec.6.50. Cancellation of License. If the department determines that a reason exists to revoke, suspend, or deny a license to carry a concealed handgun with respect to a person who is a certified handgun instructor or an instructor applicant. The department shall take the appropriate enforcement action against the person's certification as a certified handgun instructor, in addition to action taken against the license to carry a concealed handgun. sec.6.51. Public List of Certified Instructors. A list of individuals who are certified as qualified handgun instructors by the department shall be available to the public. A list of upcoming training sessions offered by certified instructors and reported to the department shall also be available to the public. sec.6.52. Method of Payment. (a) Payment to the department of any fee required by this chapter or Texas Civil Statutes, Article 4413(29ee) may be made only by cashier's check or money order made payable to the "Texas Department of Public Safety." (b) A fee received by the department under this chapter is non refundable. sec.6.53. Correspondence. Except as otherwise provided, applications and other correspondence 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. sec.6.54. Notice Required on Certain Premises. (a) Notice. Effective September 1, 1995, 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." (c) Language. The notice must be written in both English and Spanish. (d) Visibility. The sign must appear in contrasting colors with block letters at least one inch in height and shall be displayed in a conspicuous manner clearly visible to the public. Issued in Austin, Texas, on June 20, 1995. TRD-9507533 James R. Wilson Director Texas Department of Public Safety Effective date: June 21, 1995 Expiration date: October 19, 1995 For further information, please call: (512) 465-2890