Part I.
Texas Department of Public Safety
Chapter 4.
Capitol Police
Subchapter A. Protection of State Buildings and Grounds
37 TAC §4.1
The Texas Department of Public Safety adopts an amendment
to §4.1, concerning protection of State Buildings and Grounds, with changes
to the proposed text as published in the March 19, 1999, issue of the
A punctuation error is corrected in subsection (f)(3).
The justification for this section will be to ensure to the public that
state-owned buildings and property are properly secured, accessible to the
public, and that a safe work environment is provided to state officials and
employees.
The amendment changes the definition of "Capitol Complex." The amendment
is necessary to implement Texas Government Code, § 411.061, which amended
the definition of capitol complex.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.006(4),
which provides the director with the authority to adopt rules, subject to
commission approval, considered necessary for the control of the department.
§4.1.General.
(a)
Under the authority of Texas Government Code, §§411.061
- 411.067, the Texas Department of Public Safety is authorized to protect
the grounds, public buildings, and property of the state, to regulate parking,
and to control entrance to state-owned buildings; and to regulate displays
and other public use of state buildings.
(b)
The Texas Department of Public Safety has designated the
Capitol Police District as the primary unit responsible for carrying out its
responsibilities in the Capitol Complex, and designated it as part of the
Traffic Law Enforcement Division.
(c)
Within the Capitol Complex, as defined herein, the Department
of Public Safety will strive to provide a safe work environment for state
officials and employees; to protect the grounds, public buildings, and property
of the state; to regulate parking; to regulate entrance to and public use
of state-owned buildings; and to investigate criminal activity occurring in
these locations.
(d)
These rules shall be applicable to state buildings and
property within the Capitol Complex as defined in subsection (f) of this section.
(e)
The provisions of these rules pertaining to public buildings
and grounds do not apply to buildings and grounds of:
(1)
institutions of higher education, as defined by the Texas
Education Code, §61.003, as amended;
(2)
state agencies to which control has been specifically
committed by law; and
(3)
state agencies that have demonstrated ability and
competence to maintain and control their buildings and grounds and to which
the General Services Commission has delegated that authority.
(f)
The following words and terms, when used in these sections,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Board - The State Preservation Board.
(2)
Buildings and state buildings - State-owned buildings
and property within the Capitol Complex.
(3)
Capitol Complex - Property located in Austin, Texas,
to the extent the property is owned by or under the control of the state;
bounded on the north by the inside curb of Martin Luther King, Jr. Boulevard,
on the east by the outside curb of Trinity Street, on the south by the outside
curb of 10th Street, and on the west by the outside curb of Lavaca Street;
the William P. Clements State Office Building located at 300 West 15th Street;
and other locations under the jurisdiction of the capitol police district
as may be approved by the director.
(4)
Capitol police - Members of the Capitol Police District
of the Texas Department of Public Safety.
(5)
Commission - The Texas General Services Commission.
(6)
Department - The Texas Department of Public Safety.
(7)
Director - The director of the Texas Department of
Public Safety.
(8)
Park or parking - To stand an occupied or unoccupied
vehicle, other than temporarily while loading or unloading merchandise or
passengers.
(9)
Stand, or standing - To halt an occupied or unoccupied
vehicle, other than temporarily while receiving or discharging passengers.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903618
Dudley M. Thomas
Director
Texas Department of public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
Subchapter A. General Provision
37 TAC §14.1, §14.2
The Texas Department of Public Safety adopts amendments to
§14.1 and §14.2, concerning school bus transportation, without changes
to the proposed text as published in the March 19, 1999 issue of the
The justification for these sections will be the employment of eligible
school bus drivers and uniformity of forms used to determine eligibility and
administrate the School Bus Driver Safety Training Program.
The amendments are necessary to correct minor errors and remove obsolete
regulations from the rules and allow them to conform to applicable state laws
and federal regulations. These amendments will clarify the agency's statutory
authorities and will provide current forms to determine eligibility standards
for school bus drivers and administrate the school bus driver safety training
program.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code,
§521.022, which requires the Texas Department of Public Safety to adopt
rules and procedures necessary for determining school bus driver employment
eligibility and School Bus Driver Safety Training Program requirements.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903619
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
37 TAC §§14.11-14.14
The Texas Department of Public Safety adopts amendments to
§§14.11-14.14, concerning School Bus Driver Eligibility and Application
Procedures, without changes to the proposed text as published in the
The justification for the sections will be the employment and training
of eligible school bus drivers and uniformity of forms used to determine eligibility.
The amendments are necessary to correct minor errors and remove obsolete
regulations to the rules and allow them to conform to applicable state laws
and federal regulations. These amendments will clarify and provide current
regulations to determine eligibility standards for school bus drivers and
administrate the School Bus Driver Safety Training Program.
One comment was received regarding §14.12 relating to physical examinations.
Linda Woolbert representing the Coalition for Nurses in Advanced Practice
was concerned with proposed legislation that would allow advanced nurse practitioners
to perform physical exams as part of the school bus driver physical examination.
The department's response is that if legislation were passed to allow other
health professionals to perform these exams, the section and forms would be
amended at that time.
No other comments were received regarding adoption of the amendments.
The amendments are proposed pursuant to Texas Transportation
Code, §521.022, which requires the Texas Department of Public Safety
to adopt rules and procedures necessary for determining school bus driver
employment eligibility and School Bus Driver Safety Training Program requirements.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903620
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
37 TAC §§14.31-14.34, 14.36
The Texas Department of Public Safety adopts amendments to
§§14.31-14.34, and 14.36, concerning the School Bus Driver Safety
Training Program, without changes to the proposed text as published in the
March 19, 1999, issue of the
Texas Register
(24 TexReg 1984) and will not be republished.
The justification for the sections will be the employment and uniform safety
training of eligible school bus drivers across the state.
The sections set forth the requirements of the School Bus Driver Safety
Training Program curriculum and administrative procedures.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code,
§521.022, which requires the Texas Department of Public Safety to adopt
rules and procedures necessary for determining school bus driver employment
eligibility and School bus Driver Safety Training Program requirements.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903621
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
37 TAC §14.51, §14.52
The Texas Department of Public Safety adopts the repeal of
§14.51 and §14.52, concerning lighting and warning device equipment
specifications for school buses, without changes to the proposed text as published
in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1986).
The sections are being repealed with the simultaneous filing of new sections
which will comply with Texas Education Code, §34.003, as amended by the
75th Texas Legislature, 1997.
No comments were received regarding repeal of the sections.
The repeals are adopted pursuant to Texas Transportation Code,
§547.102, which authorizes the Texas Department of Public Safety to adopt
standards and specifications which apply to lighting and warning device equipment
required for a school bus in order to enable school administrators to establish
and operate a safer school bus transportation system and make the school bus
a safer and highly identifiable vehicle on the road.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903622
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
The Texas Department of Public Safety
adopts new §14.51 and §14.52, concerning lighting and warning device
equipment specifications for school buses, without changes to the proposed
text as published in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1986) and will not be republished.
The justification for the sections will be the ability to clearly identify
a school bus and maintain minimum uniform lighting and warning device equipment
standards on school buses to increase the safety of students transported.
The new sections set forth the school bus lighting and safety warning equipment
required to be maintained on the school bus and the maintenance standard to
be followed.
No comments were received regarding adoption of the new sections.
The new sections are adopted pursuant to Texas Transportation
Code, §547.102, which authorizes the Texas Department of Public Safety
to adopt standards and specifications which apply to lighting and warning
device equipment required for a school bus in order to enable school administrators
to establish and operate a safer school bus transportation system and make
the school bus a safer and highly identifiable vehicle on the road.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903623
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
Subchapter B. Application Requirements - Original, Renewal, Duplicate, Identification Certificates
37 TAC §15.30
The Texas Department of Public Safety adopts the repeal of
§15.30, concerning Identification Certificates, without changes to the
proposed text as published in the April 2, 1999, issue of the
Texas Register
(24 TexReg 2632) and will not be republished.
The justification for the repeal will be to allow for the adoption of new
section §15.30 which will provide more positive identification of license
and certificate holders.
The department received no comments on the proposed repeal.
The repeal is adopted pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903615
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: April 2, 1999
For further information, please call: (512) 424-2135
The Texas Department of Public Safety
adopts new §15.30, concerning Identification Certificates, without changes
to the proposed text as published in the April 2, 1999, issue of the
The justification for the new section will be more positive identification
of license and certificate holders.
The new section will be compatible with §15.23 (relating to Names)
and §15.24 (relating to Identification of Applicants) and provides for
better, more positive identification of applicants for Texas driver's licenses
and identification certificates.
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to Texas Government Code,
§411.006(4), which authorizes the director of the Texas Department of
Public Safety to adopt rules, subject to commission approval, considered necessary
for the control of the department and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903616
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: April 2, 1999
For further information, please call: (512) 424-2135
Subchapter A. Licensing Requirements, Qualifications, Restrictions, and Endorsements
37 TAC §§16.1, 16.2, 16.9, 16.10, 16.13
The Texas Department of Public Safety adopts amendments to
§§16.1, 16.2, 16.9, 16.10, and 16.13, concerning licensing requirements,
qualifications, restrictions, and endorsements, without changes to the proposed
text as published in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1987) and will not be republished.
The justification for the amendments is clarification of department policy
and rules that are consistent with state statutes and regulations.
Sections 16.1, 16.2, and 16.9 are amended for clarification of statute.
Amendment to §16.10(a) adds new paragraphs (6)-(11) which includes an
additional group of drivers of commercial vehicles who are exempt from the
requirements relating to age, language, vision, and physical condition. Amendment
to §16.13 is necessary to clarify and omit unnecessary language in the
existing rule relating to farm-related service industry waivers.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code,
Chapter 522, §522.005 which provides the department may adopt rules necessary
to carry out this chapter and the federal act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903624
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
37 TAC §§16.32, 16.34, 16.38, 16.43, 16.47-16.49, 16.52
The Texas Department of Public Safety adopts amendments to
§§16.32, 16.34, 16.38, 16.43, 16.47-16.49, and 16.52, concerning
Application Requirements and Examinations, without changes to the proposed
text as published in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1989) and will not be republished.
The justification for the amendments will be to reduce or prevent commercial
motor vehicle accidents, fatalities, and injuries by permitting only qualified
individuals to hold licenses to drive these vehicles and ensuring that applicants
are properly tested and approved.
Amendment to §16.32 states the CDL-1 is required only for original
applicants. Amendment to §16.34 and §16.38 deletes unnecessary language.
Amendment to §16.43 deletes subsection (g) as it is no longer applicable.
Amendment to §16.47 better defines a school bus and deletes subsection
(c) as it no longer applies. Amendment to §16.48 deletes "turn signals"
as a safety inspection item and renumbers the remaining paragraphs. Amendment
to §16.49 adds paragraphs (1)-(59) which lists those items included in
the pre-trip inspection. Amendment to §16.52 describes the type of inquiry
the department will perform upon acceptance of a sworn application and documents
from an applicant applying for a commercial driver's license.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code,
Chapter 522, §522.005, which provides the department may adopt rules
necessary to carry out this chapter and the federal act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
17, 1999.
TRD-9903625
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 7, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 424-2135
Chapter 14.
School Bus Transportation
Subchapter B. School Bus Driver Eligibility and Application Procedures
Subchapter C. School Bus Driver Safety Training Program
Subchapter D. School Bus Lighting and Warning Device Equipment
Chapter 15.
Drivers License Rules
Chapter 16.
Commercial Driver's License
Subchapter B. Application Requirements and Examinations
Subchapter C. Change of License Status, Renewals, Surrender of License, Fees