Hunter Education Rules and Fees

Public Comment
Hunter Education Rules and Fees

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HUNTER EDUCATION RULES

PROPOSAL PREAMBLE

1.  Introduction.

         The Texas Parks and Wildlife Department proposes an amendment to §51.80, concerning Hunter Education Course and Instructors. The proposed amendment would reorganize the section, stipulate the allowable vehicles for delivery of hunter education instruction, reduce the minimum number of hours of hunter education instruction required for certification, establish a maximum number of hours for skills exercises, establish a new minimum test score for certification, and allow for hunter education instruction to be delivered completely over the Internet to persons 16 years of age and older.

         Under current rule, a person over the age of 17 who was born after September 1, 1971 must possess evidence of hunter education certification in order to hunt without supervision in Texas. Current rules for hunter education certification require at least 10 hours of instruction (via any combination of home study, classroom, laboratory, field exercises, and live-firing exercises); an evaluation by an instructor that the student is acceptable in attitude, knowledge and skill; and attainment of a minimum score (depending on the method of instructional delivery) on an examination prescribed by the department.

         The proposed amendment to §51.80(a) would eliminate the list of curriculum delivery modes in subsection (a)(1) and place a modernized list of curriculum delivery modes in proposed paragraph (2). The proposed amendment also relocates current paragraph (E), which exempts active-duty and honorably discharged veterans of the United States military from any live-fire requirements of hunter education instruction, to subsection (b) for purposes of organizational consistency.

         The proposed amendment would create new subsection (a)(2) to set forth the methods of curriculum delivery for hunter education instruction. The current rule allows “any combination” of home study, classroom, laboratory, skills exercises, and live-firing exercises to count as instructional time for the purposes of hunter education certification. Staff has determined that home-study and online delivery are essentially the same thing, that the term “laboratory instruction” is not appropriate, and that the term “skills exercise” may include live-firing exercises. The proposed amendment would specify three options for the delivery of hunter education certification instruction: classroom instruction not to exceed five hours, a combination of online instruction and skills exercise (with the skills exercise portion to be not less than four nor more than five hours in duration), and online-only instruction for persons 16 years of age and older.

         As mentioned previously in this preamble, a person must currently, among other things, receive 10 hours of hunter education instruction to be eligible for certification. The proposed amendment reduces the instructional requirement to a maximum of five hours. The 10-hour requirement was established in 1988. The department believes that although the current hunter education curriculum has been demonstrably effective in reducing accidents, injuries, and deaths, this effectiveness in not necessarily due to the 10-hour value and that the current course includes advanced information that is not necessary for basic hunter education certification. The primary purpose of hunter education is to provide hunters with the information they need to hunt safely, legally and responsibly. Much of the current curriculum consists of information that, though valuable and desirable for hunters to know, is beyond basic knowledge and skills for a beginning hunter; therefore, the proposed amendment would eliminate the 10-hour regulatory requirement and replace it with a requirement of not more than five hours of instruction. Staff has determined that the benefits of hunter education instruction can be obtained with five hours of instruction.

         Parks and Wildlife Code, §62.014, requires the department to be responsible for making the hunter education course accessible to those required to take the course. The department currently offers an online hunter education component, but to complete the course a student must participate in a skills component in order to qualify for certification. The department has determined that the prevalence of electronic technologies that make distance learning opportunities possible has reached the point that instructional delivery can take place completely over the Internet. Therefore, the proposed amendment would establish an online-only option for persons 16 years of age and older. Current rules allow certification for persons nine years of age and older. The online-only option is restricted to persons 16 years of age or older because the department believes that persons over 16 years of age are more likely to understand and retain the course information than are younger persons, and because 16 is the age at which persons are eligible for licensure to operate a motor vehicle, which is a similar activity in terms of inherent safety awareness.

         The proposed amendment would also modify subsection (a)(2) to clarify that Hunter Education Instruction can be provided by certified volunteer instructors and by online instruction providers approved by the department.  This amendment is necessary to accurately reflect the persons and entities authorized to provide hunter education instruction.   Parks and Wildlife Code, §62.014 (e), authorizes the department to maximize the use of volunteer instructors, but does not limit the use of other methods of instruction.

         The proposed amendment also would add new subsection (a)(7) to clarify that the rules do not prohibit a person from providing or receiving additional hunter education instruction. The department’s intent is to continue to support and encourage the advanced and enhanced hunter education courses that are provided often as part of a high school or college level course. The proposed amendment also would eliminate current paragraph (2)(B) because there is no longer a Voluntary Hunter Safety Program.

         The proposed amendment would reorganize subsection (b) to make its provisions more reader-friendly, add a reference to online instructor approval, and create a new standard for the minimum test score needed for certification. Under the current rule, a hunter education instructor must determine that a hunter education student is acceptable in attitude, knowledge, and skills. Because the proposed amendment would create an online-only option, hunter education students receiving hunter education instruction solely through online delivery cannot be evaluated by the department’s classroom providers of hunter education instruction. The department’s online hunter education instruction is provided by third-party vendors under contract to the department. The proposed amendment acknowledges that the determination of acceptable attitude, knowledge, and skills for online students of hunter education instruction will not be made in person. The proposed amendment to subsection (b) also would eliminate the current minimum test score values required for certification and replace them with a single minimum score requirement. The current rule specifies a minimum score of 80 percent for hunter education students taking the course online or by home study and 70 percent if the hunter education course was taken in person under supervision of a certified hunter education instructor. The department has determined that there is no reason to base the minimum test score on the method of curriculum delivery and has selected a single value of 75 percent because it is midway between the current test values. The proposed amendment to subsection (b) also would add a new paragraph (5) to reiterate that the online-only hunter education instruction option is restricted to persons 16 years of age and older, for reasons discussed earlier in this preamble.  The amendment to subsection (b)(6) would replace “completion” with “certification” for consistency.  Finally, new subsection (b)(9) reiterates the exemption from live-firing portions of hunter education instruction for active-duty and honorably discharged veterans of the United States military.

2. Fiscal Note.

         Nancy Herron, Director of Education and Outreach, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of enforcement or administration of the rule.

3. Public Benefit/Cost Note.

         Ms. Herron also has determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be that larger numbers of Texans will be able to participate in hunting activities in Texas and elsewhere.

         There will be no adverse economic effect on persons required to comply with the amendment as proposed.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the rule as proposed primarily regulates those individuals who seek to engage in an activity (hunting) that by statute (Parks and Wildlife Code, §§62.006, 62.021) cannot be done on a for-profit basis. Those persons would not be small or micro businesses.

         Another group required to comply with the proposed rule would be hunter education instruction providers, due to the need to adjust course content to conform to the requirements of the proposed rule.  However, hunter education classroom instruction and skills exercise instruction is provided by volunteer instructors. Although volunteer instructors are authorized by Parks and Wildlife Code, §62.014(c), to retain a portion of the hunter education fee paid by participants, the retained portion of the fee is only for the purpose of defraying expenses. As a result, volunteers are not engaged in a for-profit enterprise and thus do not qualify as a small or micro businesses under Government Code, §2006.001(1) or (2).

         The proposed rule, if adopted, could result in a reduction in the number of persons participating in classroom instruction and skills exercise.  However, as explained above, classroom instruction and skills exercise are provided by volunteer instructors who do not qualify as small or micro businesses under Government Code, §2006.001(1) or (2).           Providers of online instruction may also be impacted by the proposed rule.  However, the impact to providers of online instruction would be positive due to the likelihood of increased numbers of persons obtaining instruction online.

         Therefore, no small or micro-businesses will be directly adversely affected by the proposed rule.  Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comment.

         Comments on the proposed rule may be submitted to Nancy Herron, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4362 (e-mail: nancy.herron@tpwd.state.tx.us).

5. Statutory Authority.

         The rule is proposed under the authority of Parks and Wildlife Code, §62.014, which authorizes the department to adopt rules necessary to implement the hunter education program.

         The proposed rule affects Parks and Wildlife Code, Chapter 62.

6. Rule Text.

         §51.80. Hunter Education Course and Instructors.

                 (a) Hunter Education Course.

                         (1) The Hunter Education Course must[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:

                                  (A) the safe handling and use of firearms and archery equipment;

                                  (B) wildlife conservation and management;

                                  (C) hunting laws and regulations of this state; and

                                  (D) hunting safety and ethics, including landowners’ rights.

                                  [(E) A person is exempt from live-firing requirements of this subsection if the person is:]

                                          [(i) an honorably discharged veteran of the United States armed forces; or]

                                          [(ii) on active duty as a member of the United States armed forces, the Texas Army National Guard, the Texas Air National Guard, or the Texas State Guard].

                         (2) Subject to the restrictions and exceptions contained in this section, the Hunter Education Course required by this section may be delivered via:

                                 (A) classroom instruction not to exceed five hours;

                                 (B) a combination of online instruction and skills exercise (skills exercise of not less than four nor more than five hours in duration; or

                                 (C) online instruction only, for persons 16 years of age or older.

                          (3)[(2)] The Hunter Education Course required by this section may be provided by[The department may certify instructors who]:

                                  (A) certified volunteer instructors who have successfully completed the department’s game warden interview, background investigation, and an instructor training course ; or[; and]

                                  (B) online instruction providers approved by the department[are approved to teach the department’s Voluntary Hunter Safety Program].

                         (4)[(3)] The department may decertify instructors for:

                                  (A) violation of provisions of the Parks and Wildlife Code or regulations adopted pursuant to the Code;

                                  (B) falsification of records or documents; or

                                  (C) action that is detrimental to the objective of the program.

                         (5)[(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.

                         (6)[(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 or department-approved instruction provider.

                         (7) Nothing in this section shall be construed to prohibit a person from providing or receiving hunter education instruction in addition to that required by this section.

                 (b) Hunter Education Requirements.

                         (1) A person whose date of birth is after September 1, 1971, must successfully complete a Hunter Education Course described in subsection (a) of this section before the person may hunt with firearms or archery equipment in Texas.

                         (2) A Texas Voluntary Hunter Safety Course successfully completed prior to June 1, 1989, satisfies the mandatory hunter education requirements of this section[Persons whose date of birth is on or before September 1, 1971, are exempt from the requirements of the Mandatory Hunter Education Program].

                         [(3) Persons who have previously successfully completed the Texas Voluntary Hunter Safety Course in Texas are exempt from the requirements of the Mandatory Hunter Education Program .]

                         (3)[(4)] A person must be at least nine years of age to be certified

                         (4)[(5)] A Hunter Education Course[The course] is successfully completed when the student:

                                  (A) has fulfilled the instructional requirements of subsection (a)(1) of this section[attends at least 10 hours of training];

                                  (B) is evaluated by the instructor or department-approved online instruction provider as acceptable in attitude, knowledge, and skill; and

                                  (C) has taken an examination prescribed by the department and scored a minimum of 75 percent[:]

                                          [(i) 80 points, if the course was taken online or by home study; or]

                                          [(ii) 70 points, if the course was taken in person under the supervision of a certified hunter education instructor].

                         (5) The online-only Hunter Education Course is restricted to persons 16 years of age and older.

                         (6) A person who is required to be certified must possess evidence of certification[completion] while hunting in Texas.

                         (7) Any individual is encouraged to take the course on a voluntary basis.

                         (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.

                         (9) A person is exempt from live-firing requirements of the Hunter Education Course delivered via classroom instruction or a combination of online instruction and skills exercise if the person is:

                                  (A) an honorably discharged veteran of the United States armed forces; or

                                  (B) on active duty as a member of the United States armed forces, the Texas Army National Guard, the Texas Air National Guard, or the Texas State Guard.

                 (c) (No change.)

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on

TRAINING AND CERTIFICATION FEES RULES

PROPOSAL PREAMBLE

1.  Introduction.

         The Texas Parks and Wildlife Department (department) proposes an amendment to §53.50, concerning Training and Certification to clarify the authorized fees for hunter education instruction.

         Current §53.50(b) establishes a $15 fee for a hunter education course, of which $10 may be retained by a volunteer instructor.  However, the current rule does not address the fee for instruction delivered online.  In a proposed amendment to §51.80 published elsewhere in this issue of the Texas Register, the department proposes to modernize the delivery of hunter education instruction to include, among other things, an option for online only instruction.  Parks and Wildlife Code, §62.014 (e), authorizes the department to maximize the use of volunteer instructors, but does not limit the use of other methods of instruction, such as online instruction.

         Unlike classroom and skills instruction, which is normally provided by volunteer instructors, online instruction is provided by an online provider approved by the department.  The fee for such instruction is established by the online provider, although the department’s ability to approve the provider will act as a mechanism to prevent an online provider from charging a fee that is inappropriately high.

         The proposed amendment to §53.50(b)(1) would provide that the current fee of $15, (of which $10 is retained by the volunteer instructor) is for instruction provided by a volunteer instructor.  The proposed amendment to subsection (b)(2) would provide that the fee for online instruction is the fee charged by the online provider approved by the department.  Given the rapid development of technology, online providers are faced with the need for on-going investment to maintain and improve education delivery as technology changes and improves. Allowing online providers to establish their fees helps ensure that such providers continue to make such investments and offer students the highest quality options for online instruction.  In addition, such flexibility should help facilitate competition among online providers which, in turn, should incentivize such providers to offer students better products.

         The proposed amendment also would modify the provisions of paragraph (3) to eliminate the hunter education course discount for persons who purchase a deferral of hunter education.  Currently, §51.80(c) authorizes a person who must otherwise complete hunter education to purchase a one-time hunter education deferral subject to the restrictions set out in that subsection.   The deferral allows a person who otherwise would be required to complete a mandatory hunter education course to go hunting under certain conditions during a single specific license year.  As noted above, the amendment to §51.80 published elsewhere in this issue of the Texas Register, if adopted, would modernize hunter education course delivery and significantly reduce the time commitment required to complete the mandatory hunter course.   As a result, although the deferral will continue to be an option, the deferral will no longer be the only efficient method for meeting hunter education requirements.

         Currently, the cost to purchase a deferral is $10.  A person who purchases the deferral is entitled to a $10 discount on the $15 hunter education course delivered by a volunteer instructor.  As a result, a volunteer hunter education instructor who provides instruction to a person who purchased a deferral is only able to recover $5 to defray costs, rather than $10 recoverable from other persons.  Parks and Wildlife Code, §62.014(e), authorizes the department to “maximize the utilization of volunteer instructors.”  Similarly, Parks and Wildlife Code §62.014(i), authorizes the commission to “establish an incentive program to encourage citizens t participate in the program as instructors.”  Eliminating the discount for purchasers of the deferral will better enable volunteer instructors to defray the costs of teaching hunter education which will encourage continued participation by volunteer instructors.

         In addition, as noted above, the proposed amendment to §51.80 published elsewhere in this issue of the Texas Register would modernize the delivery of hunter education instruction to include, among other things, an option for online only instruction.   Providers of online instruction are allowed more flexibility in establishing fees for hunter education.  Providing such flexibility is intended to help ensure continued availability of convenient online instruction.  Requiring providers of online instruction to offer a discount to persons who have purchased a hunter education deferral would increase the administrative burden for online instruction providers by necessitating the development of a system to verify eligibility for the discount.  Also, since providers of online instruction are provided greater flexibility in fees for hunter education instruction, the discount may not necessarily result in a reduced fee since online providers.

2. Fiscal Note.

         Nancy Herron, Director of Education and Outreach, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of enforcement or administration of the rule.

3. Public Benefit/Cost Note.

         Ms. Herron also has determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be that larger numbers of Texans will be able to participate in hunting activities in Texas and elsewhere and the enhanced availability of hunter education to the general population.

         There will be no adverse economic effect on persons required to comply with the amendment as proposed.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the rule as proposed primarily regulates those individuals who seek to engage in an activity (hunting) that by statute (Parks and Wildlife Code, §§62.006, 62.021) cannot be done on a for-profit basis.  Those persons would not be small or micro businesses.  Any impact on volunteer hunter education instructors or providers of online hunter education instruction would be a positive impact.  Therefore, no small or micro-businesses will be directly adversely affected by the proposed rule.  Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

4. Request for Public Comment.

         Comments on the proposed rule may be submitted to Nancy Herron, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4362 (e-mail: nancy.herron@tpwd.state.tx.us).

5. Statutory Authority.

         The rule is proposed under the authority of Parks and Wildlife Code, §62.014, which authorizes the department to adopt rules necessary to implement the hunter education program and to exempt persons from hunter education requirements, and Parks and Wildlife Code §42.012 and §42.0141, which authorize the department to adopt rules regarding the fee for resident and nonresident hunting licenses.

         The proposed rule affects Parks and Wildlife Code, Chapters 42 and 62.

6. Rule Text.

         §53.50. Training and Certification

                 (a) (No change)

                 (b) Hunter education fees.

                         (1) The registration fee for a hunter education course delivered by an approved volunteer instructor is $15, of which $10 may be directly retained by a volunteer instructor.

                         (2) The fee for a hunter education course delivered by an approved online instruction provider shall be established by the online instruction provider.

                         (3) The fee for a deferred hunter education option is $10[; however, at the time a person who has used a deferred hunter education option chooses to enroll in a hunter education course, that person shall pay a $5 registration fee to be directly retained by the volunteer instructor].

                 (c) (No change.)

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on

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