TITLE public-safety-and-corrections

Part I. Texas Department of Public Safety

Chapter 1. Organization and Administration

Subchapter I. Fees for Copies of Records

37 TAC §1.129

The Texas Department of Public Safety proposes an amendment to §1.129, concerning Fees for Sale of Motor Vehicle Accident Reports in Highway Patrol Field Offices. The amendment provides a convenience to the public in purchasing department investigated motor vehicle accident reports from local Highway Patrol field offices where adequate clerical support exists and reproduction equipment is available.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications as a result of enforcing or administering the rule.

Mr. Haas also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be a convenience to the public in purchasing department investigated motor vehicle accident reports. The cost to individuals who are required to comply with the section as proposed will be the $4.00 fee for field copy of a motor vehicle accident report. The anticipated economic cost to small or large businesses will be the $4.00 fee for field copy of a motor vehicle accident report.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendment is proposed pursuant to Texas Transportation Code, §550.065(e) which authorizes the Texas Department of Public Safety to provide a copy of a vehicle accident report to any person upon written request and payment of a $4.00 fee.

Texas Transportation Code, §550.065(e) is affected by this proposal.

§1.129.Fees for Sale of Motor Vehicle Accident Reports in Highway Patrol Field Offices.

(a)

Reproduction of approved field copies of Department of Public Safety investigated motor vehicle accident reports will be furnished upon written request in all field offices where adequate clerical support exists and [ staffed with a Highway Patrol Sergeant if ] reproduction equipment is available. [ This includes Regional, District, Subdistrict, and Sergeant Area offices. ] Requests for reproduction of field copies of Department of Public Safety fleet accident reports will be referred to Accident Records Bureau [ Statistical Services ] in Austin. Under no circumstances will they be released by field personnel.

(b)

(No change.)

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

Filed with the Office of the Secretary of State on March 8, 1999.

TRD-9901422

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Chapter 4. Capitol Police

Subchapter A. Protection of State Buildings and Grounds

37 TAC §4.1

The Texas Department of Public Safety proposes an amendment to §4.1, concerning Protection of State Buildings and Grounds. 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.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications as a result of enforcing or administering the rule.

Mr. Haas also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing or administering the rule 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. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There are no anticipated economic costs to small or large businesses.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The amendment is proposed 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.

Texas Government Code, §411.006(4), is affected by this proposal.

§4.1. General.

(a)-(e)

(No change.)

(f)

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1)-(2)

(No change.)

(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. [ An area in the city of Austin, bounded on the south by 10th Street, on the north by Martin Luther King Boulevard, on the east by Trinity Street, on the west by Lavaca Street, and including the William P. Clements Building located at 300 West 15th Street. The term shall also apply to other locations under the jurisdiction of the Capitol Police District as may be approved by the director. The term "Capitol Complex" shall include the property owned or controlled by the State within the boundaries as set out in this paragraph, including the roadways therein, but shall not include the boundary roadways. ]

(4)-(9)

(No change.)

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901326

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Chapter 14. School Bus Transportation

Subchapter A. General Provisions

37 TAC §14.1, §14.2

The Texas Department of Public Safety proposes amendments to §14.1 and §14.2 concerning School Bus Transportation. The sections define terms commonly used in the profession and set forth the required forms used to determine bus driver eligibility requirements 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.

In §14.1, Figure 1:37 TAC 14.1(1), the Medical Examination Report for School Bus Drivers, is amended to mirror amendments to §14.12 (Relating to Medical Qualifications) and conform to 49 Code of Federal Regulations (CFR) 391.41(b) and 391.43, current medical examination and procedures adopted by the Federal Highway Administration of the United States Department of Transportation.

In §14.1, Figure 2: 37 TAC 14.1(2), the Request for Special Consideration of Medical Disqualification as a School Bus Driver, is amended to mirror amendments to §14.13 (Relating to Request for Special Consideration) which describes the medical waiver request procedure.

In §14.1, Figure 3: 37 TAC 14.1(3), the School Bus Driver's Driving Record Evaluation, is amended to mirror amendments to §14.14 (Relating to Minimum Driving Record Qualifications). The dates used in the example on pages 9 and 10 as printed on September 27, 1996, are amended to reflect events occurring on or after the effective date of this rule. When Figure 3: 37 TAC 14.1(3) was adopted, the department inadvertently used dates in the example to reflect events occurring before the effective date of the rule. Also, the phrase, "Type 3," is replaced by "Type 4" in the driving record example on pages 9 and 10 to reflect a change in the department's policy from providing a "Type 3" driver history to a "complete" driver history for school bus drivers. This change is necessary to provide schools with a driver history record which will include administrative suspension/disqualification information from Table V which is not available on a "Type 3" record. Page 12 is deleted due to the form, "Request for Copy of Police Officer's Accident Report - ST-90," becoming obsolete.

In §14.1, Figure 4: 37 TAC 14.1(4), the Instructor's Certificate, is amended to mirror amendments to §14.33 (Relating to Instructor Certification), which describes the requirements of instructor certification.

In §14.1, Figure 5: 37 TAC 14.1(5), the School Bus Driver Training Verification, an administrative form, is amended to follow data processing procedures to allow for increased processing efficiency.

In §14.1, Figure 6: 37 TAC 14.1(6), Texas School Bus Driver Training Certificate, is amended to mirror amendments to §14.34 (Relating to School Bus Driver Certification), which clarifies the name of the course.

In §14.2, the definition of "school bus" is deleted due to an inconsistency between this definition and Texas Transportation Code, §541.201(15).

Tom Haas, Chief of Finance, has determined that for the first five-year period the sections are in effect, there will be minimal fiscal implications for state government as a result of enforcing or administering the sections, including the cost of providing the applicable forms to the school districts or education service centers. This cost cannot be determined due to a variance from year to year regarding the updating of individual forms which would require communication with the school districts and regional service centers. Mr. Haas has also determined that for the first five-year period the sections are in effect, there will be minimal fiscal implications for local government, including the cost to the school districts and education service centers of copying the applicable forms provided by the department. This cost cannot be determined due to a variance between charges of copy centers across the state and the fluctuating number of forms required by each school district and regional service center.

Mr. Haas also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the 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. There is no anticipated cost to individuals. The cost to small or large businesses who employ school bus drivers will be the cost of copying the applicable forms provided by the department.

Comments on the proposal may be submitted to Mary Ann Courter., Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

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.

Texas Transportation Code, §521.022, is affected by this proposal.

§14.1. Appendix.

The following figures apply to Chapter 14, School Bus Transportation:

(1)

Medical Examination Report for School Bus Drivers;

Figure 1: 37 TAC §14.1(1)

(2)

Request for Special Consideration of Medical Disqualification as a School Bus Driver;

Figure 2: 37 TAC §14.1(2)

(3)

School Bus Driver's Driving Record Evaluation;

Figure 3: 37 TAC §14.1(3)

(4)

Instructor's Certificate for School Bus Driver Safety Training in Texas;

Figure 4: 37 TAC §14.1(4)

(5)

School Bus Driver Safety Training Verification;

Figure 5: 37 TAC §14.1(5)

(6)

Texas School Bus Driver Safety Training Certificate Example;

Figure 6: 37 TAC §14.1(6); and

(7)

Application for School Bus Driver Enrollment Certificate,

Figure 7: 37 TAC §14.1(7)

§14.2. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1)-(3)

(No change.)

(4)

Enrollment certificate - A valid provisional certificate issued by a training agency under the authority of the director indicating a person has enrolled in the School Bus Driver Safety Training Program as described in §14.35 of this title (relating to Enrollment Certificates) and meets the requirements designated therein.

(5)-(7)

(No change.)

[ (8)

School bus - A bus owned or leased by a school district or county transportation system, or a bus operated by a private contractor under contract with a school district or county transportation system to transport students from school to home, or from home to school, or in connection with school-related activities, excluding a bus used in an urban area by a common carrier to transport students, or a bus designed to accommodate more than 10 and less than 16 passengers (including the driver) which is used to transport students on school-related activities only; that:]

[ (A)

on the date of manufacture, complied with the current requirements provided in the Texas School Bus Specifications handbook as developed, adopted, and published under authority of Texas Civil Statute, Article 6701d, §105(a), recodified as Texas Transportation Code, §547.701; or]

[ (B)

currently meets the statutory equipment requirements of a school bus found in the Texas Transportation Code, §547.607 and §547.701, including a fire extinguisher, convex mirror and four alternately flashing red lights, and complies with the lighting and warning device equipment rules promulgated by the department as set forth in Subchapter D, §14.52 of this title (relating to standards).]

(8)

[ (9) ] Training agency - The twenty Regional Education Service Centers in the state of Texas approved by the department to teach the School Bus Driver Safety Training Program.

(9)

[ (10) ] Training certificate - A document issued under the authority of the director to a person indicating successful completion of the School Bus Driver Safety Training Program approved by the department.

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901327

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Subchapter B. School Bus Driver Eligibility and Application Procedures

37 TAC §§14.11-14.14

The Texas Department of Public Safety proposes amendments to §§14.11-14.14, concerning School Bus Driver Eligibility and Application Procedures. 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.

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.

Section 14.11 lists the school bus driver employment qualifications to become employed and maintain employment status as a school bus driver transporting students. Technical amendments to §14.11 are proposed which do not present a substantive change. Section 14.11(5) is amended to include reference to Texas Education Code, §22.083, regarding access to criminal history records of school employees and volunteers. Paragraph (6) is amended to conform to Texas Transportation Code, §521.022 by inserting the word, "safety" in "School Bus Driver Safety Training Program" to more accurately describe the course.

Section 14.12 describes requirements of the annual physical examination school bus drivers must undergo and successfully complete. Substantive amendments are proposed to §14.12 to closely follow 49 Code of Federal Regulations (CFR) 391.41(b) and 49 CFR 391.43 which were developed by the Federal Highway Administration of the United States Department of Transportation to regulate medical requirements of persons operating commercial motor vehicles in inter-state commerce. Adopting these regulations as the basis of the medical requirements for school bus drivers in Texas provides regulations based on the research and experience of the Federal Highway Administration. These amendments are necessary to follow 49 CFR, Part 391, and correct a typographical error.

Subsections (b) and (c) are amended to insert the word, "commercial" in the current standard, "ability to control and safely operate a motor vehicle," to become "ability to control and safely operate a commercial motor vehicle." This standard is used to determine if various medical conditions would cause disqualification as indicated in 49 CFR 391.41(b) and 49 CFR 391.43.

Subsection(b)(2) is amended to replace "likely to interfere" with "interferes." This amendment will change the standard used to determine if a limb impairment or other structural defect or limitation will cause a person to be disqualified as indicated in 49 CFR 391.41(b)(2)(ii).

Subsection (b)(5) is amended to insert "control and" as indicated in 49 CFR 391.41(b)(5).

Subsection (b)(12) is deleted and replaced with the controlled substance regulation found in 49 CFR 391.41(b)(12).

Subsection (c)(1) is amended to insert a clarification to the instructions to physicians performing the examination as indicated in 49 CFR 391.43(e).

Subsection (c)(2) is amended to insert a clarification to the instructions for vision testing as indicated in 49 CFR 391.43(b).

Subsection (c)(3) is amended to insert "history and" to clarify the medical information which is referred to when determining if a person will be disqualified as indicated in 49 CFR 391.43(e).

Subsection (c)(3)(B) is amended to replace "testing" with "recording" as indicated in 49 CFR 391.43(e).

Subsection (c)(3)(L) is amended to delete "An examination for scars and urethral discharge is required only when findings so indicate," as indicated in 49 CFR 391.43(e).

Subsection (c)(3)(O) is amended to correct a typographical error.

Subsection (c)(3)(S) is deleted as indicated in 49 CFR 391.43(e).

In addition, the department adopts by reference the Federal Highway Administration's Medical Regulatory Criteria for Evaluation.

Section 14.13 describes the procedure to apply for special consideration based on a medical disqualification. Paragraph (5) is amended to replace "a qualified physician" with "the Texas Medical Advisory Board" as the party indicating a medical opinion regarding the applicant's request for a medical waiver.

Section 14.14 describes the minimum driving record qualifications and procedure to determine eligibility to operate a school bus. In subsection (a)(1), the word, "schools" is deleted and the phrase, "Complete driver history may be requested from the department for school bus drivers by the employer" is inserted in order to allow the employer to request the record. The department changed its policy of providing a "Type 3" driver history to a complete driver history. This change was necessary to provide schools with a record which will include ALR suspension or disqualification information which is not available on a "Type 3" record. Also, subsection (b)(5) is amended to reflect that penalty points shall be assessed for violations which occurred on or after October 7, 1996. This amendment is necessary to clarify that convictions indicated on Table V in Figure 3: 37 TAC 14.1(3) (Relating to Appendix) shall only be assessed against a person if the conviction occurred on or after the effective date of this rule, October 7, 1996.

Tom Haas, Chief of Finance, has determined that for the first five-year period the sections are in effect, there will be minimal fiscal implications for state government as a result of enforcing or administering the sections, including the cost of providing the applicable forms to the school districts or education service centers. This cost cannot be determined due to a variance from year to year regarding the updating of individual forms which would require communication with the school districts and regional service centers. Mr. Haas has also determined that for the first five-year period the sections are in effect, there will be minimal fiscal implications for local government, including the cost to the school districts and education service centers of copying the applicable forms provided by the department. This cost cannot be determined due to a variance between charges of copy centers across the state and the fluctuating number of forms required by each school district and regional service center.

Mr. Haas also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be the employment and training of eligible school bus drivers and uniformity of forms used to determine eligibility. There is an anticipated cost of $30 to $50 for an annual medical examination to persons who are required to comply with the sections as proposed. The anticipated economic costs to small or large businesses and school districts who employ school bus drivers would be $30 to $50 per medical examination if the employer pays this expense.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

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.

Texas Transportation Code, §521.022, is affected by the proposed amendments.

§14.11. School Bus Driver Employment Qualifications.

At a minimum, to become employed and maintain employment status as a school bus driver transporting students, a person must meet the following requirements:

(1)-(4)

(No change.)

(5)

have an acceptable criminal history record (secured from any law enforcement agency) reviewed in accordance with the provisions of current state statute (see Texas Education Code § 22.083 and § 22.084); and

(6)

possess a valid Texas School Bus Driver Safety Training Certificate indicating successful completion of the Texas School Bus Driver Safety Training Program or a valid Enrollment Certificate as specified in Subchapter C, §14.34 of this title (relating to School Bus Driver Certification) and Subchapter C, §14.35 of this title (relating to Enrollment Certificates).

§14.12. Medical Qualifications.

(a)

Annual Physical Examination. Each school bus driver shall undergo and successfully complete an annual physical examination. The results of the examination shall be noted on the Texas Department of Public Safety form, Medical Examination Report for School Bus Drivers , which lists those physical and mental conditions for which the examining physician is directed to disqualify an applicant according to Figure 1: §14.1(1) of this title (relating to Appendix).

(b)

Physical qualifications. A person is physically qualified to drive a school bus if that person:

(1)

(No change.)

(2)

has no impairment in the use of a hand, an arm, a foot, a leg or any other structural defect or other limitation which interferes [ is likely to interfere ] with his/her ability to control and safely operate a commercial motor vehicle;

(3)-(4)

(No change.)

(5)

has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely;

(6)

has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a commercial motor vehicle safely;

(7)

has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular or vascular disease which interferes with his/her ability to control and operate a commercial motor vehicle safely;

(8)

has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a commercial motor vehicle;

(9)

has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to operate a commercial motor vehicle safely;

(10)-(11)

(No change.)

(12)

Does not use a controlled substance identified in 21 CFR 1308.11, Schedule 1, an amphetamine, a narcotic, or any other habit-forming drug. Exception - A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who: [ does not use a Schedule 1 drug or other substance, an amphetamine, a narcotic, or any other habit-forming drug; and ]

(A)

is familiar with the driver's medical history and assigned duties;

(B)

has advised the driver that the prescribed substance or drug will not adversely affect the driver's ability to safely operate a commercial motor vehicle; and

(C)

[ (13) ] has no current clinical diagnosis of alcoholism.

(c)

Physical Exam. Instructions for performing and recording physical examinations:

(1)

The medical examination shall be performed and its results shall be recorded, substantially in accordance with the following instructions and the form in Figure 1: 37 TAC 14.1(1) (relating to Appendix). The examining physician should review these instructions before performing the physical examination. Answer each question yes or no where appropriate. The examining physician should be aware of the rigorous physical demands and mental and emotional responsibilities placed on the driver of a commercial motor vehicle. In the interest of public safety, the examining physician is required to certify that the driver does not have any physical, mental, or organic defect of such a nature as to affect the driver's ability to safely operate a commercial motor vehicle. The physician must date and sign his/her findings upon completion of the examination and furnish the original to the motor carrier employer.

(2)

The medical examination shall be performed by a doctor of medicine or osteopathy currently licensed to practice medicine by the Texas Board of Medical Examiners or the correlating state authority designated by statute to license, regulate, and discipline physicians in another state of the United States. A licensed ophthalmologist or optometrist may perform only that portion of examinations pertaining to visual acuity, field of vision, and ability to recognize colors as specified in subsection (b)(10) of this section .

(3)

The purpose of this history and medical examination is to detect the presence of physical, mental, or organic defects of such a character and extent as to affect the applicant's ability to operate a commercial motor vehicle safely. History of certain defects may be cause for rejection, or indicate the need for making certain laboratory tests, or a further and more stringent examination. Defects may be recorded which do not, because of their character or degree, indicate that certification of physical fitness should be denied. However, these defects should be discussed with the applicant and he/she should be advised to take the necessary steps to ensure correction, particularly of those which if neglected, might lead to a condition likely to affect his/her ability to drive safely. The examination should be made carefully and at least as completely as detailed in subparagraphs (A)- (R) [(S)] of this paragraph.

(A)

(No change.)

(B)

Head-Eyes. When other than the Snellen chart is used, the results of such test must be expressed in values comparable to the standard Snellen test. If the applicant wears corrective lenses, these should be worn while the applicant's visual acuity is being tested. If appropriate, indicate on the Medical Examiner's Certificate by checking the box, "Qualified only when wearing corrective lenses." In recording [ testing ] distance vision, use 20 feet as normal. Record all vision as a fraction with 20 feet as the numerator and the smallest type read at 20 feet as the denominator. Note ptosis, discharge, visual fields, ocular muscle imbalance, color blindness, corneal scar, exophthalmos, or strabismus, uncorrected by corrective lenses. Monocular drivers are not qualified to operate commercial motor vehicles under existing State of Texas Motor Carrier Safety Regulations, unless granted a waiver. If the driver habitually wears contact lenses or intends to do so while driving, there should be sufficient evidence to indicate that he/she has good tolerance and is well adapted to their use. The use of contact lenses should be noted on the record.

(C)-(E)

(No change.)

(F)

Blood pressure. Record with either a spring or mercury column type of sphygmomanometer. If the blood pressure is consistently above 160/90 mm. Hg., further tests may be necessary to determine whether the driver is qualified to operate a commercial motor vehicle.

(G)-(I)

(No change.)

(J)

Abnormal masses. If present, note location, if tender, and whether or not the applicant knows how long they have been present. If the diagnosis suggests that the condition might interfere with the control and safe operation of a commercial motor vehicle, more stringent tests must be made before the applicant can be certified.

(K)

Tenderness. When noted, state where most pronounced and the suspected cause. If the diagnosis suggests that the condition might interfere with the control and safe operation of a commercial motor vehicle, more stringent tests must be made before the applicant can be certified.

(L)

Genito-urinary. Urinalysis is required. Acute infections of the genito-urinary tract, as defined by local and state public health laws, indications from urinalysis of uncontrolled diabetes, symptomatic albumin-urea in the urine or other findings indicative of health conditions likely to interfere with the control and safe operation of a commercial motor vehicle, will disqualify an applicant. [ An examination for scars and urethral discharge is required only when findings so indicate. ]

(M)-(N)

(No change.)

(O)

Spine. Note deformities, limitation of motion, or any history of pain, injuries, or diseases, past or presently experienced in the cervical or lumbar spine region. If findings so dictate, radiological and other examinations should be used to diagnose congenital or acquired defects; or spondylolithesis [ spondylolitis ] and scoliosis.

(P)-(Q)

(No change.)

(R)

Diabetes. If insulin is necessary to control a diabetic condition, the driver is not qualified to operate a commercial motor vehicle. If mild diabetes is noted at the time of examination and it is stabilized by use of a hypoglycemic drug and diet that can be obtained while the driver is on duty, it should not be considered disqualifying. However, the driver must remain under adequate medical supervision.

[ (S)

Controlled Substances Testing. If a test for controlled substances is performed as part of the medical examination, the physician is to check the box next to the statement, "controlled substances test performed." If a controlled substances test is performed under the requirements of 49 Code of Federal Regulations (CFR) Part 40 and 49 CFR Part 382, then the physician must also check the box next to the statement, "in accordance with 49 CFR Part 40 and 49 CFR Part 382" and must obtain information that the results of such test were negative prior to certifying that the driver is otherwise medically qualified. If a controlled substance test is performed but not in accordance with 49 CFR Part 40 and 49 CFR Part 382, the physician must also check the box next to the statement, "not in accordance with 49 CFR Part 40 and 49 CFR Part 382" and ensure that the results of the test were negative prior to certifying that the driver is otherwise medically qualified.]

§14.13. Request for Special Consideration.

Any person disqualified on the basis of the medical examination may request special consideration from the director, or designee, for a waiver of medical disqualification in accordance with the following procedure:

(1)-(4)

(No change.)

(5)

Following receipt of the recommendation of the Medical Advisory Board, the director or designee shall review the findings and recommendation and may grant or deny the applicant's request for special consideration. In no event will the director or designee grant a request for special consideration in the absence of a report or statement from the Texas Medical Advisory Board indicating approval [ a qualified physician (licensed doctor of medicine or osteopathy) indicating that the applicant is clearly able to adequately perform the functions required of a school bus driver ].

(6)

(No change.)

§14.14. Minimum Driving Record Qualifications.

(a)

The following standards have been established by the department as minimum requirements to be met by each person seeking to become employed or to remain employed as a school bus driver to drive any motor vehicle while in use as a school bus for the transportation of students:

(1)

the driver's license record of each school bus driver shall be evaluated at least annually by the employer or designated person. [ Schools may request a ] "Complete" driver history may be requested from the department for school bus drivers by the employer . Penalty points shall be assessed for those entries which appear in the accompanying tables of traffic law violations and accident involvements according to the School Bus Driver's Driving Record Evaluation, Figure 3: §14.1(3) of this title (relating to Appendix). Any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he/she may become qualified; and

(2)

(No change.)

(b)

In determining a person's eligibility to drive a school bus, the following standards shall apply in assessing penalty points for convictions of traffic law violations and accident involvements appearing on his/her current driving record:

(1)-(4)

(No change.)

(5)

convictions for violations included in Table V, Figure 3: §14.1(3) of this title, shall be assessed ten penalty points for each occurrence if the date of the violation occurred on or after October 7, 1996 and is within five years of the date of the driving record evaluation.

(c)

(No change.)

(d)

Appeal procedure for assessment of points due to accident involvement. Two points should automatically be assessed for an accident involvement occurring within three years of the date of the driver record evaluation which appears on the driver history record. Applicants assessed two points for accident involvements appearing on their driving record may request a review by the person designated by the employer to determine if they were a cause of the accident(s). The applicant must identify the specific accident involvement(s) to be reviewed. Request a copy of the accident report(s) on the approved form [ , Request for Copy of Peace Officer's Accident Report (ST-90) ]. Mail the form to Accident Records Bureau, Texas Department of Public Safety at the address listed on the form. The requested reports will be provided on a priority basis without charge. The designated person shall review information pertinent to the accident(s), which should include the Texas Peace Officer's Accident Report [ (ST-3) ]. In examining this report, consideration of such items as Charges Filed, Investigator's Narrative of What Happened, Diagram, and Factors/Conditions Contributing to the Accident should assist in making a determination as to whether or not the assessment of penalty points is appropriate. If the designated person reviews the accident report and any other pertinent information and determines that the applicant was not a cause of the accident(s), no penalty points shall be assessed. If the designated person determines that the applicant was a cause of the accident(s), two penalty points shall be assessed for each accident. The decision of the employer is final.

(e)

(No change.)

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901328

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Subchapter C. School Bus Driver Safety Training Program

37 TAC §§14.31-14.34, 14.36

The Texas Department of Public Safety proposes amendments to §§14.31-14.34, and 14.36 concerning the School Bus Driver Safety Training Program. No amendment to these sections results in a substantive change to the rule other than §14.34(b) which deletes reference to a penalty not found in state law. These sections set forth the requirements of the School Bus Driver Safety Training Program curriculum and administrative procedures.

The amendments are necessary to correct minor errors and clarify the rules to increase uniformity of determining eligibility standards for school bus drivers and administrating the school bus driver safety training program.

The name of the subchapter has been amended for uniformity.

Section 14.31 describes the administrative procedure required by the program. §14.31 is amended to conform to Texas Transportation Code, §521.022, by inserting the word, "safety" in "school bus driver safety training program" to more accurately describe the course. Paragraph (3)(A) is amended by inserting "school bus driver safety training certification course (the certification course)" to clarify the formal name of the twenty-hour course. Paragraph (3)(B) is amended by inserting "school bus driver safety training recertification course (the recertification course)" to clarify the formal name of the eight-hour course.

Section 14.32 describes the program curriculum requirements. Paragraph (1) is amended by replacing the phrase "twenty-hour basic training" with "certification" to clarify the described course. The word, "adopted" is replaced with "approved" in reference to the action taken by the department regarding curriculum materials. In paragraph (2), the phrase "eight-hour refresher training" is replaced by "recertification" to clarify the described course and "instruction relative to refresher course" is replaced with "safety" for clarity.

Section 14.33 describes instructor certification requirements. Subsection (b) is amended by replacing the phrase, "twenty-hour basic training" with "certification" to clarify the described course. Subsection (c) is amended by inserting "safety" in the name of the course for clarity. For uniformity and clarity, the phrases "basic" and "refresher certification" are replaced respectively with "certification course" and "recertification" in subsection (d).

Section 14.34 describes school bus driver certification requirements. Subsection (a) is amended by replacing the phrase, "twenty-hour basic training course" with "certification" to clarify the described course and inserting "safety" in the name of the course for clarity.

Subsection (b) is amended by deleting "However, certification may be revoked or suspended for the conviction of certain criminal offenses as provided by state law." This phrase is deleted because this penalty does not currently exist.

Subsection (c) is amended by replacing "have in their possession" with "hold" to comply with Texas Transportation Code, §521.022(e).

Subsection (d) is amended by replacing "eight-hour refresher" and "twenty-hour training" respectively with "recertification" and "certification" for uniformity and clarity. In addition, subsection (d)(3) is amended by replacing the phrase, "in order to become recertified" with "to reinstate certification status" for clarity.

Section 14.36 describes the maximum training fee and is amended by replacing the phrases "twenty-hour basic" and "eight-hour refresher" respectively with "certification" and "recertification" to clarify the described courses.

Tom Haas, Chief of Finance, has determined that for the first five-year period the sections are in effect, there will be minimal fiscal implications for state government as a result of enforcing or administering the sections, including the cost of maintaining the certification database. These costs cannot be determined due to a variance from year to year regarding the updating of individual entries. Mr. Haas has also determined that for the first five-year period the sections are in effect, there will be minimal fiscal implications for local government, including the cost to the school districts of paying course fees for school bus drivers.

Mr. Haas also has determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be the employment and uniform safety training of eligible school bus drivers across the state. The anticipated economic cost to small or large businesses and school districts who employ school bus drivers would be $75 to attend the certification course and $35 to attend the recertification course.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

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.

Texas Transportation Code, §521.022, is affected by this proposal.

§14.31. Administrative Procedure.

The school bus driver safety training program shall be provided in accordance with the following requirements:

(1)

the school bus driver safety training program shall be administered by the twenty regional education service centers authorized by the director or designee;

(2)

(No change.)

(3)

program standards for providing school bus driver safety training shall include the following:

(A)

the basic/initial safety training course , School Bus Driver Safety Training Certification Course (the certification course), shall consist of a minimum of twenty clock-hours of instruction;

(B)

the refresher/renewal safety training course , School Bus Driver Safety Training Recertification Course (the recertification course), shall consist of a minimum of eight clock-hours of instruction;

(C)-(F)

(No change.)

§14.32. Curriculum.

The curriculum for the school bus driver safety training program will be developed by the department and approved by the director, or designee.

(1)

The certification [ twenty-hour basic training ] course shall include instruction in each of the ten units comprising the current Course Guide for School Bus Driver Training in Texas approved [ adopted ] by the department. It is highly recommended that at least six hours of each course be devoted to relevant and appropriate laboratory activities, and that each unit be taught in accordance with the following class time allocations:

(A)-(J)

(No change.)

(2)

The recertification [ eight-hour refresher training ] course shall include safety [ instruction relative to refresher course ] training material developed by Texas Engineering Extension Service Transportation Training Division of the Texas AM University System, (TEEX) and approved by the department or Units V, VI, VII, VIII, and X of the current Course Guide for School Bus Driver Training in Texas . If teaching Units V, VI, VII, VIII, and X, it is highly recommended that at least one hour of instruction be allocated to each of these five units, with any remaining or additional time devoted to other relevant and appropriate topics or activities.

(3)

(No change.)

§14.33. Instructor Certification.

(a)

(No change.)

(b)

In addition to the prerequisite(s) in subsection (a), of this section, an applicant may qualify for instructor certification only after meeting all of the following requirements:

(1)

complete the certification [ a twenty-hour basic training ] course;

(2)

serve as a student instructor for a [ twenty-hour ] certification course while practice teaching under the direct supervision of a currently certified instructor; and

(3)

(No change.)

(c)

Upon satisfactory completion of all requirements, the training agency shall issue a qualified applicant an "Instructor's Certificate for School Bus Driver Safety Training in Texas," Figure 4: §14.1(4) of this title (relating to Appendix), and properly submit the necessary verification information to the Texas Department of Public Safety, Figure 5: §14.1(5) of this title.

(d)

Except as approved by the training agency, each instructor must teach a minimum of one certification course [ basic ] or recertification [ refresher certification ] course each year in order to maintain current instructor certification status.

§14.34. School Bus Driver Certification.

(a)

To obtain full initial driver certification, a person must satisfactorily complete the certification course [ a twenty-hour basic training course ]. The training agency shall issue a "Texas School Bus Driver Safety Training Certificate," Figure 6: §14.1(6) of this title (relating to Appendix), in a timely manner, and submit the necessary verification information to the Texas Department of Public Safety, Figure 5: §14.1(5) of this title.

(b)

Driver certification will remain valid for a period of three calendar years as indicated by the expiration date on the certificate. [ However, certification may be revoked or suspended for the conviction of certain criminal offenses as provided by state law. ]

(c)

State law requires that every driver transporting students in a school bus must hold [ have in their possession ] a valid certificate stating that they have completed, or are enrolled in, an approved school bus driver safety training course.

(d)

Any school bus driver whose certification has expired shall not operate a school bus for the transportation of students until such time as they become recertified or obtain an enrollment certificate. The following rules shall apply to certification renewals:

(1)

To avoid a lapse in certification, the recertification [ an eight-hour refresher ] course must be completed prior to expiration. The recertification [ eight-hour refresher ] course should be completed during the six-month (180 day) period immediately preceding certification expiration. If the required training is completed within this preferred time interval, certification will then be renewed for a period of three calendar years from the upcoming expiration date indicated on the current certificate.

(2)

If the recertification [ eight-hour refresher ] course is completed more than 180 days prior to certification expiration, certification will then be renewed for a period of three calendar years from the actual date of course completion.

(3)

During the 12-month interval immediately following certification expiration, the recertification [ an eight-hour refresher ] course may be completed for certification renewal. Certification will then be renewed for a period of three calendar years from the actual date of course completion. Failure to satisfactorily complete the recertification [ eight-hour refresher ] course during this time frame will require completion of the certification [ twenty-hour training ] course to reinstate certification status [ in order to become recertified ]. During this time period, a person shall not drive a school bus unless he has received an enrollment certificate. Issuance of an enrollment certificate during this dormant time interval will require the successful completion of the certification [ twenty-hour basic training ] course in order to reinstate full certification status.

(e)

(No change.)

§14.36. Maximum Training Fee.

The maximum allowable fee per trainee for both the certification [ twenty-hour basic ] course and the recertification [ eight-hour refresher ] course shall be determined annually by the Commissioner of Education. However, the actual fee charged for each of these courses shall not exceed the training agency's reported cost per trainee for the preceding fiscal year, or the projected cost for the current year if such a cost can be justified and any resulting overcharge is rebated accordingly.

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901329

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Subchapter D. School Bus Lighting and Warning Device Equipment

37 TAC §14.51, §14.52

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of §14.51 and §14.52, concerning Lighting and Warning Device Equipment Specifications for School Buses. The sections are proposed for repeal with simultaneous proposal of new §14.51 and §14.52 which are necessary to comply with Texas Education Code, §34.003, as amended by the 75th Texas Legislature, 1997.

Tom Haas, Chief of Finance, has determined that for each year of the first five years the repeals are in effect there will be no fiscal implications for state or local government.

Mr. Haas also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be clearer identification of school buses. There is no anticipated economic cost to individuals or small or large businesses.

Comments on the repeal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The repeals are proposed 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.

Texas Transportation Code, §547.102, and Texas Education Code, §34.003, are affected by the proposed repeals.

§14.51. Definitions.

§14.52. Lighting and Warning Device Equipment.

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901330

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

The Texas Department of Public Safety proposes new §14.51 and §14.52 concerning lighting and warning device equipment specifications for school buses. The sections are proposed simultaneously with the repeal of current §14.51 and §14.52. 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. The rules are proposed pursuant to Texas Transportation Code, §547.102, which allows the Texas Department of Public Safety to adopt rules regarding school bus lighting and safety warning equipment.

The new sections are necessary to comply with Texas Education Code, §34.003, as amended by the 75th Texas Legislature, 1997.

New §14.51 identifies that class/group of persons/companies who transport public school students in school buses.

New §14.52 provides a description of lighting and warning device equipment on school buses and includes a list of lighting and safety warning equipment which must be maintained on a school bus. This new section is necessary in order to clarify that specified lighting and safety warning equipment on a school bus must be maintained according to the standards of the General Services Commission's publication, Texas School Bus Specifications , current in the year of the school bus' manufacture.

Tom Haas, Chief of Finance, has determined that for the first five-year period the sections are in effect, there will be no additional fiscal implications for state government as a result of enforcing or administering this section. Mr. Haas has also determined that for the first five-year period the sections are in effect, there will be fiscal implications for local government, including school districts and small or large businesses which own and/or operate school buses to transport students. The economic costs cannot be determined. There is no anticipated economic cost to individuals. The anticipated cost to small or large businesses which own and/or operate school buses to transport students cannot be determined due to the variance in maintenance schedules, nature of individual replacement needs and wide difference in cost of new or reconditioned replacement parts across the state.

Mr. Haas also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing 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.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The new sections are proposed 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.

Texas Transportation Code, §547.102, and Texas Education Code, §34.003, are affected by this proposal.

§14.51. Applicability.

This rule applies to all school districts and county transportation systems that own, operate, rent, contract or lease school buses and those commercial transportation companies which contract with a public school or county transportation system to transport public school students in school buses.

§14.52. Lighting and Warning Device Equipment.

At a minimum, the following list of lighting and warning device equipment on a school bus shall be maintained at a level equal to or above the standards found in the specification requirements as set forth in the General Services Commission's publication, Texas School Bus Specifications , which was current during the year of the school bus' manufacture, including the following:

(1)

the exterior paint color of the bus,

(2)

emergency exit lettering,

(3)

logos,

(4)

school bus lettering,

(5)

school name lettering,

(6)

alternately flashing signal lamps,

(7)

backup lamps,

(8)

identification lamps,

(9)

operating units and flashers,

(10)

tail and stop lamps,

(11)

turn signal/hazard warning lamps,

(12)

three triangular warning devices,

(13)

backup alarm,

(14)

stop arm (if required at time of manufacture), and

(15)

student safety crossing arm (optional equipment).

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901331

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Chapter 16. Commercial Driver's License

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 proposes amendments to §§16.1, 16.2, 16.9, 16.10, and 16.13 concerning licensing requirements, qualifications, restrictions, and endorsements.

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.

Tom Haas, Chief of Finance, has determined that for each year of the first five years the rules are in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Mr. Haas also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be clarification of department policy and rules which are consistent with state statutes and regulations. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. There are no anticipated economic costs to small or large businesses.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140, (512) 424-2890.

The amendments are proposed 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.

Texas Transportation Code, Chapter 522, §522.005, is affected by this proposal.

§16.1.Who Must Be Licensed.

On or after April 1, 1992, all persons domiciled in Texas, except those expressly exempt by law, who operate a commercial motor vehicle (CMV), must have a valid commercial driver's license (CDL) issued by the department.

(1)

(No Change.)

(2)

Unless prohibited by the Commercial Driver's License Act (Texas Transportation Code, Chapter 522) [ (Texas Civil Statutes, Article 6687b-2) ], the holder of a valid driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except for motorcycles and mopeds until April 1, 1992.

(3)-(4)

(No Change.)

§16.2.Commercial Motor Vehicles.

(a)

(No Change.)

(b)

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. If there is no manufacturer's specified value, gross combination weight rating is determined by adding the GVWR of the power unit and the total weight of the towed unit or units and any load on a towed unit. Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.

(1)

(No change.)

(2)

For purposes of determining whether a vehicle can be used for taking a skills test to obtain a CDL, only vehicle(s) for which the GVWR or GCWR (as defined or calculated under 49 Code of Federal Regulations, Part 383.5, and Texas Transportation Code, §522.003 (17)(18) [ Civil Statutes, Article 6687b-2, §3(19), (20) ]) is known may be used. If the GVWR or GCWR cannot be determined, the vehicle(s) cannot be used for taking a skills test. If the GVWR plate is missing from the vehicle(s) but, based on the driver license employee's knowledge and experience, he/she believes the vehicle(s) is over 26,000 pounds, then the employee may permit the vehicle(s) to be used for a skills test.

§16.9.Qualifications to Drive in Intrastate Commerce.

(a)-(b)

(No change.)

(c)

A person applying for a CDL which authorizes operation of a commercial motor vehicle (CMV) in intrastate commerce, must meet the same requirements as those for interstate driving, except for the following:

(1)-(3)

(No change.)

(4)

A driver who operates a motor vehicle in intrastate commerce only, and does not transport property requiring a hazardous material placard, and was regularly employed operating a commercial motor vehicle in Texas prior to August 28, 1989, is not required to meet the federal physical and vision standards.

(5)

(No change.)

§16.10.Exemptions and Qualifications.

(a)

The requirements relating to age, language, vision, and physical condition do not apply to the following operators of commercial vehicles, even though these operators will still be required to hold a commercial driver's license (CDL).

(1)

School bus drivers transporting school children and/or school personnel from home to school and from school to home. This does not include a nongovernment carrier transporting school children.

(2)

Employees of the federal government, a state, or a political subdivision of a state while operating a vehicle for the governmental entity. This includes school districts. This does not include contract carriers or for-hire carriers.

(3)

Persons occasionally transporting personal property, not for compensation or in the furtherance of a commercial enterprise.

(4)

Persons transporting human corpses or sick or injured persons.

(5)

The private transportation of passengers.

(6)

Persons operating fire trucks and rescue vehicles while involved in emergency and related operations. (These are persons not exempted from CDL because they are not an employee of a political subdivision nor are they volunteer fire fighters).

(7)

Intracity zone drivers with limited exemption from 49 Code of Federal Regulations (CFR), Part 391 who possess Department of Transportation (DOT) medical examiner's certificate restricted to intracity operation. (Medical certificate must be presented to department employee at time of application.)

(8)

The transportation of farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm or the transporting of custom-harvested operations to storage or market.

(9)

Drivers operating motor vehicles controlled and operated by a beekeeper engaged in the seasonal transportation of bees.

(10)

The operation of a vehicle operated intrastate and used in oil or water well servicing or oil or water well drilling and which is constructed as a machine consisting, in general, of a mast, an engine for power, a draw works, and a chassis permanently constructed or assembled for such purpose. (CDL must be restricted to intrastate.)

(11)

The operation of a mobile crane that is an unladen self-propelled vehicle constructed as a machine used to raise, shift, or lower weights (CDL must be restricted to intrastate.)

(b)

(No change.)

§16.13.Farm-Related Service Industry Waiver.

(a)

(No change.)

(b)

The department may waive the commercial driver's license (CDL) knowledge and skill tests required by Texas Transportation Code, §522.022, [ Civil Statutes, Article 6687b-2, §11 ] and provide for the issuance of a restricted CDL to an employee of a farm-related service industry (FRSI). The department is subject to any condition or requirement established for the waiver by the secretary or the highway administration. In addition to any restriction or limitation imposed by this section, a restricted CDL issued under this regulation is subject to any restriction or limitation imposed by the secretary or the highway administration. Seasonal drivers of the following FRSI are authorized by federal regulation to obtain the FRSI waiver and be issued a restricted CDL:

(1)-(4)

(No change.)

(c)

Restricted Texas CDL's for certain FRSI must be issued in accordance with 49 Code of Federal Regulations, Part 383, which provides the following:

(1)-(2)

(No change.)

(3)

A driver may have only one license. The FRSI CDL also authorizes the individual to drive noncommercial motor vehicles even though the FRSI validity period may have expired. An FRSI CDL may include a Class M. A driver who holds a Class A or B non-CDL can obtain an FRSI CDL and still drive exempt vehicles provided he/she has passed appropriate tests . [ No additional tests are required. ] A driver who holds an FRSI CDL may operate exempt vehicles provided he/she has passed appropriate tests.

(4)

(No change.)

(5)

Validity of the FRSI CDL for commercial motor vehicle driving is limited only to the seasonal period as indicated in the restrictions (Code P) on the back of the license. The applicant must indicate the seasonal period on his application but is limited to 180 days (continuous) in any 12-month period. An FRSI CDL holder must revalidate his CDL for each season of commercial use by means of a new application, duplicate license fee unless eligible for [ four-year ] renewal, and confirmation of the holder's good driving record. An application for revalidating an FRSI CDL may only be submitted a maximum of 30 days prior to the effective date of the next season.

(6)-(8)

(No change.)

(9)

A Commercial Driver License Information System/National Driver Register/Problem Driver Pointer System (CDLIS/NDR/PDPS) [ Commercial Driver License Information System (CDLIS)/National Driver Register (NDR) ] inquiry must be completed prior to issuance of the FRSI CDL. This inquiry should also be made when an FRSI CDL holder applies to revalidate his license.

(10)

CDL sanctions/disqualifications apply to the FRSI CDL driver just as they do to the unrestricted CDL driver. A driver who operates a commercial motor vehicle that is not included in the farm-related service industry waiver or who violates the restriction on the FRSI is subject to a fine as provided in Texas Transportation Code, §522.042 and §522.043 [ Civil Statutes, Article 6687b-2, §21 ], and suspension of driving privileges as provided in Texas Transportation Code, §§521.291-521.305 [ Civil Statutes, Article 6687b, §22 ].

(11)-(13)

(No change.)

(14)

All other CDL requirements are applicable except that no CDL tests are required. The only tests are the 20 question A-B rules test and a non-CDL skills test in an appropriate Class B vehicle if applying for that type of license. [ A road test is not required for a Class C vehicle. ] Written and skills tests will be waived for applicants who meet the requirements of paragraph (2) of this subsection.

(15)-(20)

(No change.)

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901332

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Subchapter B. Application Requirements and Examinations

37 TAC §§16.32, 16.34, 16.38, 16.43, 16.47-16.49, 16.52

The Texas Department of Public Safety proposes amendments to §§16.32, 16.34, 16.38, 16.43, 16.47-16.49, and 16.52, concerning Application Requirements and Examinations.

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.

Tom Haas, Chief of Finance, has determined that for each year of the first five years the rules are in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Mr. Haas also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules 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. There is no anticipated economic cost to persons who are required to comply with the rules as proposed. There are no anticipated economic costs to small or large businesses.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas, Department of Public Safety, Box 4087, Austin, Texas, 78773-0140, (512) 424-2890.

The amendments are proposed 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.

Texas Transportation Code, Chapter 522, §522.005 is affected by this proposal.

§16.32.CDL-1 Supplement Application for Texas Driver License-Certifications and Record of Commercial Driver's License (CDL) Examination.

(a)

This supplement application must be completed by all original applicants for a CDL. If the applicant is applying for an original Texas license, this supplemental application will be in addition to the DL-14A. [ This supplemental application will also be used anytime the holder of a CDL desires to advance in grade, to add an endorsement, remove a restriction, or take a voluntary reexamination or a comprehensive examination. ]

(b)

(No change.)

§16.34.CDL-3 Substitute for Commercial Driver's License (CDL) Driving Skills Test.

(a)-(c)

(No change.)

(d)

This waiver may only be claimed one time. This waiver certification may only be completed when converting from a non-commercial driver's license to a CDL or when applying for an original Texas CDL when coming from another state. Any later transaction including advance in grade, removal of restrictions, or addition of an endorsement [ (other than the issuance of a duplicate license) ] will necessitate a skills test if required by law or regulation.

(e)

The CDL-3 form must be accompanied by a CDL-3A form.

§16.38.DL-2 Receipt of Surrendered License/Affidavit.

Either the front or back of this receipt/affidavit must be completed if the applicant is currently or was previously licensed in any state [ , including Texas ].

§16.43.Written Tests Required.

(a)-(f)

(No change.)

[(g)

In order to obtain a "G" endorsement, an applicant will be required to have passed a Class A and Class B written test. Holders of Class A and Class B driver's licenses will be exempt from this written test.]

§16.47.Road Test.

(a)

Skills tests are required in a vehicle that is representative of the commercial motor vehicle (CMV) that the applicant is being licensed to drive.

(b)

Any applicant required to take a skills test to obtain a passenger endorsement "P" must take the skills test in a bus. Bus means any vehicle designed to carry 16 or more passengers, including the driver for a Class C and 24 or more passengers, including the driver for a Class B .

[(c)

Any applicant required to take a skills test to obtain a "G" endorsement must take the skills test in a Class C vehicle with a trailer with a gross vehicle weight rating (GVWR) exceeding 10,000 poounds.]

§16.48.Safety Inspection.

(a)

Before the driver begins the skills test the examiner will conduct a safety inspection of the vehicle. This will include equipment and registration requirement. If the vehicle does not pass inspection, the skills test will be postponed.

(b)

The vehicle will be inspected for the following:

(1)

current liability insurance;

(2)

headlamps (for bright and dim);

(3)

two tail lamps (one for 1959 models or earlier);

(4)

two stop lamps (one for 1959 models or earlier);

(5)

turn signals (1960 or later models);

(6)

horn;

(7)

inspection certificate(s);

(8)

exhaust system;

(9)

license plate (current) (one or two as required);

(10)

windshield wiper;

(11)

rearview mirror;

(12)

safety belts;

(13)

approved glass coating material (if applicable);

(14)

clearance lamps;

(15)

side marker lamps;

(16)

side reflectors;

[(17)

turn signals (all models);]

(17)

[ (18) ] mud flaps (if required);

(18)

[ (19) ] hazard warning lamps;

(19)

[ (20) ] fire extinguisher (if required);

(20)

[ (21) ] flashing lights (school buses - two red alternately flashing lamps to the front and rear);

(21)

[ (22) ] "School Bus" sign eight inches in height on front and rear of bus (when in use as school bus);

(22)

[ (23) ] reflective triangles (if required);

(23)

[ (24) ] full service brakes;

(24)

[ (25) ] hydraulic brake; and

(25)

[ (26) ] parking brake.

§16.49.Pre-Trip Inspection.

(a)

The first part of the skills test is the pre-trip inspection. This is a pass/fail test. If the driver is unable to pass this part of the skills test, he/she will not be allowed to continue and take the road test. Drivers must demonstrate to the examiner that he or she has the skill and knowledge needed to determine that the vehicle the person is operating is safe to drive. The pre-trip inspection will include:

(1)

air compressor (belt);

(2)

air/electric connectors;

(3)

air/electric lines;

(4)

alternator belt;

(5)

ammeter/voltmeter;

(6)

axle oil seal;

(7)

battery/box;

(8)

brake chamber;

(9)

brake drum/linings;

(10)

brake hoses/lines;

(11)

catwalk;

(12)

clutch/gearshift;

(13)

coolant level;

(14)

door(s);

(15)

doors secure;

(16)

doors/tie/lifts;

(17)

drive shaft;

(18)

emergency exits;

(19)

exhaust system;

(20)

frame;

(21)

fuel tank/leaks;

(22)

header board;

(23)

heater/defroster;

(24)

hydraulic brake check;

(25)

kingpin/apron/gap;

(26)

landing gear;

(27)

leaks/hoses (engine);

(28)

lighting indicators;

(29)

lug nuts;

(30)

mirrors;

(31)

mounting bolts;

(32)

oil level;

(33)

oil pressure gauge;

(34)

parking brake;

(35)

passenger entry/lift;

(36)

platform (fifth wheel);

(37)

power steering fluid (belt);

(38)

release arm;

(39)

rims;

(40)

safety belt/emergency equipment;

(41)

safety latch/locking jaws;

(42)

seating;

(43)

shock absorbers;

(44)

slack adjustor;

(45)

sliding fifth wheel/locking pins;

(46)

splash guards;

(47)

spring/air/torque;

(48)

spring mount;

(49)

steering box/hoses;

(50)

steering linkage;

(51)

steering play;

(52)

stop arm (if equipped);

(53)

student lights;

(54)

tandem release (arm and locking pins);

(55)

temperature gauge;

(56)

tires;

(57)

water pump (belt);

(58)

windshield; and

(59)

wiper/washers.

(b)

(No change.)

§16.52.Check of Applicant.

Upon acceptance of the sworn application and documents, the department will conduct a [ CDLIS/NDR( ] Commercial Driver License Information System/National Driver Register /Problem Driver Pointer System (CDLIS/NDR/PDPS) [ ) ] inquiry on the commercial driver's license (CDL) applicant. No license will be issued if a match indicates possible multiple licenses. If necessary, independent inquiries to other states will be made to confirm the identity of the match and to verify the existence of suspension, revocation, denial, and cancellation actions taken by other states. No license will be issued until it is confirmed that the match is another person or the cause for the action has been cleared up.

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901333

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Subchapter C. Change of License Status, Renewals, Surrender of License, Fees

37 TAC §§16.71, 16.74-16.77

The Texas Department of Public Safety proposes amendments to §§16.71 and 16.74-16.77 concerning change of license status, renewals, surrender of license, and fees. The amendments are necessary to implement changes in legislation brought about by House Bill 1200, 75th Legislature, 1996.

Amendments to the sections explain the new fees and procedures required for obtaining a commercial driver's license, renewing these licenses, the surrendering of these licenses, and adding/changing classification, restrictions, and endorsements on commercial driver licenses.

Tom Haas, Chief of Finance, has determined that for each year of the first five years the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Haas also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules 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. There is no anticipated economic cost to persons who are required to comply with the rules as proposed. There are no anticipated economic costs to small or large businesses.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140, (512) 424-2890.

The amendments are proposed 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.

Texas Transportation Code, Chapter 522, §522.005 is affected by this proposal.

§16.71.Change in Class Or Type.

(a)

The holder of a Texas commercial driver's license (CDL) who desires to advance in grade, remove restrictions, or add endorsements will be required to take the applicable tests, including knowledge tests and skills tests in a representative vehicle if required.

(b)

A driver desiring to remove the "No Air Brakes" restriction "L" from a previously obtained CDL must take the knowledge, and pre-trip [ , and skills ] test.

(c)

Upon request for change in class or type of license, a new CDL-40 Examination Report [ CDL-1 Supplement Application ] must be completed.

(d)

Upon passing the required exams, the old license must be surrendered or invalidated in accordance with §16.73 of this title (relating to Surrender of License). An exam fee will be collected unless the change is made in conjunction with a renewal. [ , and the exam fees collected unless the change is made in conjunction with a renewal before the new license is issued. ]

(e)

A motorcycle fee must be collected in accordance with §16.76 of this title (relating to Motorcycle Education Fees).

§16.74.Fees.

The fee for a commercial driver's license (CDL) or commercial driver learner's permit is $60 [ $40 ] for six [ four ] years. Each applicant holding a valid Texas driver's license will have his license renewed for six [ four ] years from the applicant's next birthday unless the license is expired, in which case it will be renewed from the last birthday. The fee for renewals is [ also ] $40 for four years, $50 for five years and $60 for six years until December 31, 2001, when the renewal fee will be $60 for six years for all commercial driver licenses .

§16.75.Credits.

(a)

On the date the original CDL is issued the applicant will be given $4.00 for each whole year that remains on his current Texas license. If the original CDL is issued on the applicant's birthday and the current license does not expire until the next year, the applicant will be given $4.00 credit, in which case the fee to be collected will be $56 [ $36 ].

(b)

Credit will not be given for an instruction permit or a CDL held by an applicant.

§16.76.Motorcycle Education Fees.

If an applicant has a Class M license in conjunction with a commercial driver's license (CDL), the motorcycle renewal fee of $8.00 [ $5.00 ] will [ not ] be charged. An applicant applying for additional authorization to operate a motorcycle in conjunction with his CDL shall pay a $15 fee for the required application.

§16.77.Duplicates.

The fee for a duplicate commercial driver's license (CDL) is $10 [ $5.00 ]. Duplicate licenses will be issued for change of name, or address, or for lost licenses.

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901335

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Subchapter D. Sanctions and Disqualifications

37 TAC §§16.91, 16.93-16.102, 16.105

The Texas Department of Public Safety proposes amendments to §§16.91, 16.93-16.102, and 16.105, concerning sanctions and disqualifications. The amendments are necessary in order to correct reference to statutes due to the recodification of Texas Civil Statutes to Texas Transportation Code. The titles of §§16.95, 16.96, and 16.102 are also changed in order to correct the reference to Texas Transportation Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five years the rules are in effect there will be no fiscal implications for state or local government.

Mr. Haas also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing or administering the rules will be to keep unsafe drivers and vehicles from operating on Texas highways. There is no anticipated economic cost to individuals. There is no anticipated economic cost to small or large businesses.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140, (512) 424-2890.

The amendments are proposed 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.

Texas Transportation Code, Chapter 522, §522.005, is affected by this proposal.

§16.91.Noncommercial Motor Vehicle Permits.

A person who has been disqualified from driving a commercial motor vehicle (CMV) pursuant to the Commercial Driver's License (CDL) Act, Texas Transportaton Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ], but whose non-CMV driving privileges are valid, will be issued a non-CMV permit for the duration of the disqualification of CMV privileges or the expiration of the CDL, whichever comes first. The non-CMV permit will restrict the licensee to driving noncommercial motor vehicles. This non-CMV permit will not be issued until the licensee's CDL has been surrendered to the department, or until a "lost/stolen license" affidavit has been submitted. The non-CMV permit will reflect the class of license previously held. When the licensee's privilege to operate a CMV has been restored, the CDL document will be returned to the licensee if it has not expired during the duration of the disqualification. If the CDL has expired, the licensee must report to a drivers license office for renewal of the CDL.

§16.93.Serious Traffic Violations and Habitual Violators.

(a)-(c)

(No change.)

(d)

Convictions which were the basis for initiation of disqualification action taken pursuant to subsections (a) and (b) of this section will also be used as the basis for suspension of the privilege to drive a non-CMV because the person is a habitual violator of the traffic law as defined in Texas Transportation Code, §521.294(h) [ Civil Statutes, Article 6687b, §22(b)(4) ].

(e)

Convictions which occurred in the operation of a CMV that were the basis for proceedings initiated or administrative actions taken pursuant to the habitual violator provisions of Texas Transportation Code, §521.294(h) [ Civil Statutes, Article 6687b, §22(b)(4) ], may also be used as the basis for disqualification action pursuant to subsections (a) and (b) of this section.

(f)

The term "serious traffic violation" as used in this chapter has the same definition as that found in Texas Transportation Code, §522.003(25) [ Civil Statutes, Article 6687b-2, §3(26) ].

(g)

The Commercial Driver's License Act , Texas Transportation Code, Chapter 522, [ (Texas Civil Statutes, Article 6687b-2) ] defines certain motor vehicle offenses as "serious traffic violations" for the purpose of administering the Act. An improper or erratic traffic lane change is one of the definitions of a "serious traffic violation" as set out in the Act. Since an improper or erratic lane change is not an offense title in Texas, the department has designated the following sections of the Texas Transportation Code, Chapter 545, [ Uniform Act Regulating Traffic on the Highways (Texas Civil Statutes, Article 6701d) ] as improper or erratic traffic lane changes for disqualification purposes pursuant to Texas Transportation Code, §522.081 [ Civil Statutes, Article 6687b-2, §25 ]. The following interpretation is also meant to apply to the defensive driving section of the Texas Transportation Code, §§543.101-543.114 [ Uniform Act Regulating Traffic on Highways, Texas Civil Statutes, Article 6701d, §143A ]. A conviction of either of these offenses will be considered by the department as a "serious traffic violation":

(1)

Texas Transportation Code, §545.060 [ Civil Statutes, Article 6701d, §60(a) ]-"Changed Lane when Unsafe."

(2)

Texas Transportation Code, §545.061 [ Civil Statutes, Article 6701d, §60A ]-"Failure to Yield Right-of-Way-Changing Lanes."

§16.94.Out-of-State Convictions.

(a)

The department will give full faith and credit to the disqualification of commercial motor vehicle drivers by other states.

(b)

Any reports of convictions to the department from other states will be used by the department for sanctioning purposes as those convictions occurring in this state. For purposes of this chapter, "conviction" has the same meaning as found in Texas Transportation Code, §522.003 [ Civil Statutes, Article 6687b-2, §3(9) ].

§16.95.Administrative Hearings subject to Texas Transportation Code, §§521.291-521.305 [ Civil Statutes, Article 6687b, §22 ] and Notices for Nonresidents.

Nonresidents will be notified of disqualification action subject to Texas Transportation Code, §§521.291-521.305 [ Civil Statutes, Article 6687b, §22 ] by first-class mail sent to the last known mailing address as reflected on department records. Deposit in the United States mail of such notice in an envelope with postage prepaid, addressed to such person at the last address as reflected on department records, shall be presumed to be completed upon the expiration of nine days after such is deposited in the United States mail. Administrative hearings for nonresidents will be held in the county where the nonresident last made application for a Texas Driver's license.

§16.96.Notifications of Administrative Hearings subject to Texas Transportation Code, §§521.291-521.305 [ Civil Statutes, Article 6687b, §22 ].

Notices of hearing procedures for disqualification actions subject to Texas Transportation Code, §§521.291-521.305 [ Civil Statutes, Article 6687b, §22 ] will be deemed to have been properly delivered if properly addressed, stamped, and mailed pursuant to the provisions of Texas Transportation Code, §§521.291-521.305 [ Civil Statutes, Article 6687b, §22 ]. If notices are returned to the department because the licensee has moved or refused to accept delivery, the hearing may be held without attendance by the licensee. The hearing officer will make a finding based on the evidence presented at the scheduled hearing.

§16.97.Occupational Licenses.

If a person's commercial driver's license has been suspended for an offense committed in a noncommercial motor vehicle (CMV), that person is eligible to receive an occupational license to operate both CMV's and non-CMV's. If a person's driver's license is suspended under Texas Transportation Code, Chapter 521 [ Civil Statutes, Article 6687b ], Texas Transportation Code, Chapter 524 [ Civil Statutes, Article 6687b-1 ] or Texas Transportation Code, Chapter 724 [ Civil Statutes, Article 67001-5 ] and that person is also disqualified from driving a CMV under Texas Transportation Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ], and if that person is eligible to receive an occupational license under Texas Transportation Code, §§521.241-521.251 [ Civil Statutes, Article 6687b, §23A ] it will be restricted to driving non-CMV's only.

§16.98.Determination of Lifetime Disqualification.

Each conviction of a violation enumerated in Texas Transportation Code, §522.081 [ Civil Statutes, Article 6687b-2, §25(a) ], will result in a one-year disqualification, or a three-year disqualification if committed while transporting hazardous materials. Upon receipt of a second or subsequent conviction of any violation enumerated in Texas Transportation Code, §522.081 [ Civil Statutes, Article 6687b-2, §25(a) ], an administrative hearing will be scheduled pursuant to the provisions of Texas Transportation Code, §522.085 and §522.087 [ Civil Statutes, Article 6687b-2 §25(j) ], for the determination of a lifetime disqualification. The only issue at the hearing will be whether the licensee has been convicted of two or more violations of any of the offenses specified in Texas Transportation Code, §522.081 [ Civil Statutes, Article 6687b-2, §25(a) ].

§16.99.Lifetime Disqualifications.

(a)

A person who has been disqualified from driving a commercial motor vehicle (CMV) for life under Texas Transportation Code, §522.081 [ Civil Statutes, Article 6687b-2 §25(c) ], may apply for reinstatement of his/her commercial driver's license. Such applicant is not eligible for reinstatement unless and until such time as the applicant has first served a minimum disqualification period of 10 years. The applicant must fully meet the qualifications and standards set out in Texas Transportation Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ], and the rules set forth in Chapter 15 of this title (relating to Driver's License Rules) and this chapter.

(b)

The applicant must make application for reinstatement in writing to the department's Driver Improvement and Control Bureau, Box 4087, Austin, Texas 78773- 0320 [ 0001 ]. A conviction for any of the following offenses, if the conviction occurred within the two years immediately preceding application, will be grounds for denial of an application for reinstatement.

(1)

driving any motor vehicle, including a CMV, under the influence of alcohol or a controlled substance, including a violation of Texas Penal Code, §§49.03, 49.04, 49.07, and 49.09 [ Civil Statutes, Article 6701l-1 ]; or

(2)

knowingly and willfully leaving the scene of an accident involving any motor vehicle, including a CMV driven by the person; or

(3)

using any motor vehicle, including a CMV, in the commission of any felony as defined in Texas Transportation Code, §522.081 [ Civil Statutes, Article 6687b-2, §3(17), Driver's License Act ]; or

(4)

refusal to submit to a test to determine the driver's alcohol concentration or the presence in his body of a controlled substance or drug while driving any motor vehicle, including a CMV.

(c)

For purposes of this chapter, the term "conviction" has the same meaning as found in Texas Transportation Code, §522.003 [ Civil Statutes, Article 6687b-2, §3(9) ].

(d)

The department will advise the applicant whether or not his application for reinstatement has been granted. If denied reinstatement, the applicant will be advised of the reasons for denial.

§16.100.Information on Traffic Citations.

A traffic citation issued to a person driving a commercial motor vehicle (CMV), or who is the holder of a commercial driver's license or commercial driver's learner's permit, for a violation of any law regulating the operation of vehicles on highways, must be on a form that contains the following information:

(1)

the name, address, physical description, and date of birth of the party charged;

(2)

the number, if any, of the person's driver's license;

(3)

the registration number of the vehicle involved;

(4)

whether the vehicle was a CMV as defined in Texas Transportation Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ];

(5)

whether the vehicle was involved in the transporting of hazardous materials; and

(6)

the date and nature of the offense, including whether the offense was a serious traffic violation as defined in Texas Transportation Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ].

§16.101.Application of Motor Vehicle Safety Responsibility Act.

A person disqualified from driving a commercial motor vehicle will not be subject to suspension of the person's noncommercial driver's license or suspension of motor vehicle registrations in the name of such person under the Motor Vehicle Safety Responsibility Act, Texas Transportation Code, Chapter 601 [ Civil Statutes, Article 6701h ], on the basis of the disqualification alone.

§16.102.Administrative Hearings Subject to Texas Transportation Code, Chapter 724 [ Civil Statutes, Article 6701l-5 ] or Texas Transportation Code, Chapter 524 [ Civil Statutes, Article 6687b-1 ].

If a person refuses to give a specimen, the notice, hearing, and disqualification procedures subject to Texas Transportation Code, Chapter 724 [ Civil Statutes, Article 6701l-5 ] apply, except that the department shall disqualify the person from driving commercial motor vehicles for the period of time authorized by Texas Transportation Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ]. If a person submits a specimen that discloses an alcohol concentration of 0.04 or more, the notice, hearing, and disqualification procedures subject to Texas Transportation Code, Chapter 524 [ Civil Statutes, Article 6687b-1 ] apply, except that the department shall disqualify the person from driving commercial motor vehicles for the period of time authorized by Texas Transportation Code, Chapter 522 [ Civil Statutes, Article 6687b-2 ].

§16.105.Special Penalties Pertaining to Violation of Out-Of-Service Orders for Drivers and Employers.

In addition to the penalties provided for in the Texas Transportation Code, §522.071 and §522.072, drivers and employers are subject to the penalties of 49 CFR, Part 383, which are hereby adopted by this department and are as follows:

(1)

General rule. Any person who violates the rules set forth in Subparts B and C of 49 CFR, Part 383, may be subject to civil or criminal penalties as provided for in 49 United States Code, 521(b).

(2)

Driver violations. A driver who is convicted of violating an out-of-service order shall be subject to a civil or administrative penalty of not less than $1,000 nor more than $2,500, in addition to disqualification action as provided for by 49 CFR, Part 383 and this section.

(3)

Employer violations. An employer who is convicted of a violation of 49 CFR, Part 383.37(c), shall be subject to a civil or administrative penalty of not less than $2,500 nor more than $10,000.

(4)

Penalties. Civil penalties for violations of the regulations adopted herein may be assessed by a court of competent jurisdiction or assessed as an administrative penalty under the provisions of Texas Transportation Code, Chapter 644 [ Civil Statutes, Article 6675d, Revised Statutes ], and §3.62 of this title (relating to Regulations Governing Transportation Safety). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Issued in Austin, Texas on February 23, 1999. Dudley M. Thomas Director Texas Department of Public Safety

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

Filed with the Office of the Secretary of State, on March 4, 1999.

TRD-9901334

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-2135

Part III. Texas Youth Commission

Chapter 93. Youth Rights and Remedies

37 TAC §93.15

(Editor's note: The Texas Youth Commission proposes for permanent adoption the repealed section it adopts on an emergency basis in this issue. The text of the repealed section is in the Emergency Rules section of this issue.)

The Texas Youth Commission (TYC) proposes the repeal of §93.15, concerning youth mail. The repeal of the section will allow for the publication of a new section.

Terry Graham, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the repeal as proposed is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Mr. Graham also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be efficient government. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. No private real property rights are affected by adoption of this rule.

Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas, 78765.

The repeal of the section is proposed under the Human Resources Code, §61.075, which provides the Texas Youth Commission with the authority to determine the appropriate treatment and restriction of youth in custody.

The proposed rule implements the Human Resource Code, §61.034.

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

Filed with the Office of the Secretary of State, on March 5, 1999.

TRD-9901364

Steve Robinson

Executive Director

Texas Youth Commission

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-6244

(Editor's note: The Texas Youth Commission proposes for permanent adoption the new section it adopts on an emergency basis in this issue. The text of the new section is in the Emergency Rules section of this issue.)

The Texas Youth Commission (TYC) proposes new §93.15, concerning youth mail. The new section will provide for mail privileges for youth committed to TYC and placed in residential facilities. Youth incoming or outgoing mail is not read but is inspected for contraband except outgoing mail to special correspondents, which may not be inspected. In the interest of facility safety and order, mail to or from certain individuals may be stopped including but not limited to inmates in jail or prison, other than members of a youth's family. Procedures and additional limitations are set forth in the new section.

Terry Graham, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Graham also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be increased safety of youth and staff in TYC facilities. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. No private real property rights are affected by adoption of this rule.

Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas, 78765.

The new section is proposed under the Human Resources Code, §61.075, which provides the Texas Youth Commission with the authority to determine the appropriate treatment and restriction of youth in custody.

The proposed rule implements the Human Resource Code, §61.034.

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

Filed with the Office of the Secretary of State, on March 5, 1999.

TRD-9901365

Steve Robinson

Executive Director

Texas Youth Commission

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 424-6244