(a) Each agency or entity that employs at least one peace officer or at least one firearms certified jailer shall:
  (1) require each peace officer or firearm certified jailer that it employs to successfully complete the current firearms proficiency requirements at least once each calendar year for each type of firearm carried;
  (2) designate a firearms proficiency officer to be responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include:
    (A) date of qualification;
    (B) identification of peace officer or jailer;
    (C) firearm manufacturer, model;
    (D) results of qualifying; and
    (E) course(s) of fire;
  (3) keep on file and in a format readily accessible to the commission a copy of all records of this proficiency.
(b) The annual firearms proficiency requirements shall include:
  (1) an external inspection by the proficiency officer, range officer, firearms instructor, or gunsmith to determine the safety and functioning of the weapon(s);
  (2) a proficiency demonstration in the care and cleaning of the weapon(s) used; and
  (3) a course of fire that meets or exceeds the minimum standards.
(c) The minimum standards for the annual firearms proficiency course of fire shall be:
  (1) handguns - a minimum of 50 rounds, fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload;
  (2) shotguns - a minimum of five rounds of ammunition fired at a range of at least 15 yards;
  (3) precision rifles - a minimum of 20 rounds of ammunition fired at a range of at least 100 yards; however, an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to 90;
  (4) patrol rifles - a minimum of 30 rounds of ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90;
  (5) fully automatic weapons - a minimum of 30 rounds of ammunition fired at ranges from seven to at least 10 yards, including at least one timed reload, with at least 25 rounds fired in full automatic (short bursts of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon.
(d) The minimum passing percentage shall be 70 for each firearm.
(e) The executive director may, upon written agency request, waive a peace officer's demonstration of weapons proficiency based on a determination that the requirement causes a hardship.
(f) The effective date of this section is February 1, 2020.

Source Note: The provisions of this §218.9 adopted to be effective February 1, 2014, 38 TexReg 9616; amended to be effective February 1, 2016, 41 TexReg 274; amended to be effective February 5, 2020, 45 TexReg 770