| (a) To be eligible for an instructor license, an applicant
must:
(1) be at least 18 years old;
(2) submit a completed application on a form prescribed
by the department;
(3) have successfully completed an instructor preparation
course in accordance with §98.22;
(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) not have been convicted during the preceding three
years of:
(A) three or more moving violations described by Texas
Transportation Code §542.304, including violations that resulted
in an accident; or
(B) two or more moving violations described by Texas
Transportation Code §542.304, that resulted in an accident;
(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) possess current first aid and adult cardiopulmonary
resuscitation (CPR) certification from a nationally recognized provider
with training courses that require in-person attendance, provide hands-on
skills practice, and meet or exceed the standards of the American
Red Cross, the American Heart Association, or the National Highway
Traffic Safety Administration;
(8) submit the fee required by §98.80;
(9) undergo and successfully pass a criminal history
background check; and
(10) not have been convicted during the preceding seven
years of:
(A) Texas Penal Code §49.04, Driving While Intoxicated;
(B) Texas Penal Code §49.045, Driving While Intoxicated
with Child Passenger;
(C) Texas Penal Code §49.07, Intoxication Assault;
or
(D) Texas Penal Code §49.08, Intoxication Manslaughter.
(b) Out-of-state applicants. The eligibility requirements
in subsection (a)(3) and Texas Transportation Code §662.0062(a)(1)
can alternatively be met by an applicant who has held, continuously
for the previous year, authorization to provide instruction for a
department-approved entry-level course, or its equivalent as determined
by the department, by submitting to the department any information
about the course requested by the department and:
(1) if the applicant is from a state or other jurisdiction
that offers a motorcycle instructor license:
(A) an active motorcycle instructor license issued
to the applicant by the state or other jurisdiction; and
(B) a document on official letterhead issued by the
state or other jurisdiction stating that:
(i) the motorcycle instructor license has been active
and in good standing continuously for the previous year; and
(ii) the applicant has taught both the classroom and
range portions of the course at least six times; or
(2) if the applicant is from a state or other jurisdiction
that does not offer a motorcycle instructor license:
(A) a certificate of completion of the instructor training
required to teach the course issued by the administrator of the course;
and
(B) a document on official letterhead issued by the
administrator of the course stating that:
(i) the applicant's authorization to teach the course
has been active and in good standing continuously for the previous
year; and
(ii) the applicant has taught both the classroom and
range portions of the course at least six times.
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