RULE §35.147 CERTIFICATES OF COMPLETION, TRAINING RECORDS, AND NOTIFICTIONS
(a) A department approved training school shall:
(1) Issue an original certificate of completion to each qualifying student within seven (7) days after the student qualifies;
(2) Maintain adequate records to show attendance, progress and grades of students and maintain on file a copy of each certificate issued to students at the department approved training school;
(3) Make all required records available to investigators employed by the department for inspection during reasonable business hours; and
(4) Retain all training records for twenty-four (24) months from the date of completion of training.
(5) Notify each applicant or enrollee of the potential ineligibility of an individual who has been convicted of an offense, the current guidelines provided in §35.4 of this title (relating to Guidelines for Disqualifying Criminal Offenses), and the right to request a criminal history evaluation letter under Occupations Code, §53.102. As provided in Occupations Code, §53.153, failure to comply with this subsection may result in an order to refund tuition paid and reimburse the individual’s application and training fees. Failure to comply with an order to refund tuition or reimburse fees may result in suspension of the school license until payment is made, pursuant to §1702.361 of the Act. The figure in this paragraph provides the recommended text of the notice. Direct communication of this text to the prospective applicant, whether by email or other correspondence, or on the application for admission to a course, is sufficient to establish compliance with this section.
(b) The certificate of completion shall reflect the particular course or courses completed by a student during the training period.
(1) Certificates of completion for Level II shall contain the:
(A) Name and approval number of the school;
(B) Date of completion;
(C) Name, signature, and approval number of training instructor; and
(D) Full name of student, and the student’s Texas Driver License number, Texas Identification Card number or, the last four (4) digits of the student’s social security number.
(2) Certificates of completion for Level III and IV shall contain the:
(A) Name and approval number of the school;
(B) Date of firearm training completion of Level III;
(C) Name, signature, and approval number of classroom and/or firearm training instructor;
(D) Full name of student, and the student’s Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student’s social security number; and
(E) The specific date of firearm qualification along with the name and approval number of the firearms instructor on those certificates designating completion of Level III.
(3) Certificate of completion for firearms qualification (firearm proficiency) shall contain the:
(A) Name and approval number of the school;
(B) Name, signature, and approval number of firearms training instructor;
(C) Full name of student, and the student’s Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student’s social security number;
(D) Firearms completion date;
(E) Note the category of firearm as defined in this chapter; and
(F) Be on a certificate form designed or approved by the department.
Source Note: The provisions of this §35.147 adopted to be effective December 29, 2019, 44 TexReg 8033
SUBCHAPTER M – CONTINUING EDUCATION
RULE §35.161 CONTINUING EDUCATION REQUIREMENTS
(a) An application to renew an individual license may not be submitted until the required minimum hours of department approved continuing education credits have been earned in accordance with the Act and this chapter. Proof of the required
continuing education must be maintained by the employer and contained in the employee’s personnel file. All individual licensees shall indicate they have completed the required minimum hours of department approved continuing education credits on their application for renewal.
(b) Owners, partners, and shareholders who hold individual licenses as owners only, shall complete a total of eight (8) hours of continuing education, including seven (7) hours in the subject matter that relates to the type of regulated service provided by
their company, and one (1) hour of ethics. Noncommissioned security officers, and all individuals not required to obtain a commission or license under the Act are specifically
exempted from the continuing education requirements.
(c) All individual license holders not otherwise addressed in this section shall complete a total of eight (8) hours of continuing education, seven (7) hours of which must be in subject matter that relates to the type of individual license held, and one (1)
hour of which must cover ethics.
(g) Commissioned security officers and personal protection officers shall complete six (6) hours of continuing education. Continuing education for commissioned security officers and personal protection officers must be taught by department
approved schools and instructors. Commissioned security officers shall submit a firearms proficiency certificate along with the renewal application.
(m) Attendees of continuing education courses shall maintain certificates of completion furnished by the school director in their files for a period of two (2) years. Attendees shall furnish the department with copies of all certificates of completion upon
request.
Source Note: The provisions of this §35.161 adopted to be effective December 29, 2019, 44 TexReg 8035
RULE §35.162 CONTINUING EDUCATION SCHOOLS
(a) Except as otherwise provided by this subchapter, all continuing education credits must be earned through department approved continuing education schools.
(b) All department approved continuing education schools shall comply with subsection (b)(1) – subsection (b)(7):
(1) Each school must identify to the department a school director as its agent responsible for ensuring the school’s compliance with this subchapter, including the maintenance of attendance records, the provision of such records to department
personnel upon request, and the verification of curricula and instructors’ qualifications. The failure of this individual to perform these duties or to otherwise comply with this subchapter may result in the cancellation of the school’s certificate of approval and the rejection of claims for continuing education credit obtained from that school.
(2) School attendance records shall include:
(A) Subjects taught in each course of instruction;
(B) Total hours of each course of instruction and the hours instructed on each subject;
(C) Date of instruction;
(D) Name, license number, and date(s) of attendance for each individual that attended a course of instruction; and
(E) Name and qualifications of instructor.
(3) Schools shall issue certificates of attendance to licensees attending a course of instruction. The certificates of attendance shall contain the name and license number of the attendee, the date of attendance, the number of hours of attendance, and
the course(s) of instruction attended. Each certificate shall be signed and dated by the school director.
(4) Schools shall maintain all records required by this section for a period of two (2) years.
(5) The school shall provide copies of all records required under this subchapter to the department upon request.
(6) The school director shall verify that the curriculum of each continuing education course offered is in compliance with this chapter.
(7) The school director shall verify the qualifications of each instructor.
(c) Attendees of courses of continuing education shall maintain certificates of completion furnished by the school director in their files for a period of two (2) years. Attendees shall furnish the department with copies of all certificates of completion upon
request.
Source Note: The provisions of this §35.162 adopted to be effective December 29, 2019, 44 TexReg 8035