1. (a) Hunter Education Course.

   1. (1) The course shall consist of at least 10 hours of instruction, including any combination of home study, classroom, laboratory, field exercises and live-firing exercises on the following subjects:

      1. (A) the safe handling and use of firearms and archery equipment;
      2. (B) wildlife conservation and management;
      3. (C) hunting laws and regulations of this state; and
      4. (D) hunting safety and ethics, including landowners' rights.

   2. (2) The department may certify instructors who:

      1. (A) have successfully completed the department's game warden interview, background investigation, and an instructor training course; and
      2. (B) are approved to teach the department's Voluntary Hunter Safety Program.

   3. (3) The department may decertify instructors for:

      1. (A) violation of provisions of the Parks and Wildlife Code or regulations adopted pursuant to the Code;
      2. (B) falsification of records or documents; or
      3. (C) action that is detrimental to the objective of the program.
   4. (4) The department shall provide hunter education opportunities in each county of the state when a substantial number of residents request a class or at least once a year.
   5. (5) The department shall issue a certificate to persons who successfully complete the course. A duplicate certificate may be issued upon request to the department's hunter education section or in person to a law enforcement field office.

2. (b) Hunter Education Requirements.

   1. (1) A person must successfully complete a Hunter Education Course before the person may hunt with firearms or archery equipment in Texas.
   2. (2) Persons whose date of birth is on or before September 1, 1971, are exempt from the requirements of the Mandatory Hunter Education Program.
   3. (3) Persons who have previously successfully completed the Voluntary Hunter Safety Course in Texas are exempt from the requirements of the Mandatory Hunter Education Program.
   4. (4) A person must be at least nine years of age to be certified.

   5. (5) The course is successfully completed when the student:

      1. (A) attends at least 10 hours of training;
      2. (B) is evaluated by the instructor as acceptable in attitude, knowledge, and skill; and
      3. (C) scores a minimum of 70 points on an examination prescribed by the department.
   6. (6) A person who is required to be certified must possess evidence of completion while hunting in Texas.
   7. (7) Any individual is encouraged to take the course on a voluntary basis.
   8. (8) A person who is unable to pass the examination as the result of an existing medical condition may, upon authorization from the department, be granted certification.

3. (c) Other Non-certified Persons.

   1. (1) Persons under 17 years of age may hunt without certification if accompanied by a person 17 years of age or older who is licensed to hunt in Texas in accordance with the Parks and Wildlife Code and is in compliance with applicable hunter education requirements.

   2. (2) A person 17 years of age or older who is required to complete hunter education may hunt without certification if that person is:

      1. (A) in possession of a valid hunting license indicating that the person has selected the "Deferred Hunter Education Option" offered by the department; and
      2. (B) is accompanied by a person 17 years of age or older who is licensed to hunt in Texas in accordance with the Parks and Wildlife Code and is in compliance with applicable hunter education requirements.
   3. (3) For the purposes of this section, an uncertified person is considered as being accompanied if that person is within normal voice distance.
   4. (4) A deferred hunter education option expires at the end of the license year for which it was purchased.
   5. (5) No person may select the deferred hunter education option more than once.
   6. (6) A person who has been convicted of or received deferred adjudication for not having completed a mandatory hunter education course is prohibited from obtaining a deferred hunter education option.

Source Note:The provisions of this §51.80 adopted to be effective January 3, 2005, 29 TexReg 12225; amended to be effective May 26, 2008, 33 TexReg 4182.