To be eligible for an instructor license, an applicant must:

1. (1) be at least 18 years old;
2. (2) submit a completed application on a form prescribed by the department;
3. (3) have successfully completed a department-approved instructor training course;
4. (4) have held, continuously for the two years preceding the date of submitting the application, a valid driver's license that entitles the applicant to operate a motorcycle on a public road;

5. (5) not have been convicted during the preceding three years of:

   1. (A) three or more moving violations described by Texas Transportation Code §542.304, or a comparable offense committed in another state, including violations that resulted in an accident; or
   2. (B) two or more moving violations described by Texas Transportation Code §542.304, or a comparable offense committed in another state, that resulted in an accident;
6. (6) be a high school graduate or have obtained a general education development (GED) certificate, certificate of high school equivalency, or other credentials equivalent to a public high school degree;
7. (7) submit the fee required by §98.80;
8. (8) undergo and successfully pass a criminal history background check, including submitting a complete and legible set of fingerprints on a form and manner prescribed by the department; and

9. (9) not have been convicted during the preceding seven years of any of the following offenses or a comparable offense committed in another state:

   1. (A) Texas Penal Code §49.04, Driving While Intoxicated;
   2. (B) Texas Penal Code §49.045, Driving While Intoxicated with Child Passenger;
   3. (C) Texas Penal Code §49.05, Flying While Intoxicated;
   4. (D) Texas Penal Code §49.06, Boating While Intoxicated;
   5. (E) Texas Penal Code §49.065, Assembling or Operating an Amusement Ride While Intoxicated;
   6. (F) Texas Penal Code §49.07, Intoxication Assault; or
   7. (G) Texas Penal Code §49.08, Intoxication Manslaughter.

Source Note:The provisions of this §98.21 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980.