TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 15. DRIVERS LICENSE RULES

Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §15.21

The Texas Department of Public Safety adopts an amendment to §15.21, concerning Application Requirements- Original, Renewal, Duplicate, Identification Certificates, without changes to the proposed text as published in the May 19, 2000, issue of the Texas Register (25 TexReg 4496) and will not be republished.

The justification for the section will be more efficient administration of the process involved in obtaining a driver license.

The amendment adds language to the section in order to align the rule with Texas Transportation Code, §521.121(4)(b) and the department's current procedure of using an applicant's digital (facsimile) signature for the production of a driver license.

No comments were received regarding adoption of the amendment.

The amendment is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §521.005.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2000.

TRD-200005428

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: August 23, 2000

Proposal publication date: May 19, 2000

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


Chapter 23. VEHICLE INSPECTION

Subchapter A. VEHICLE INSPECTION STATION LICENSING

37 TAC §§23.1, 23.2, 23.8, 23.10

The Texas Department of Public Safety adopts amendments to §§23.1, 23.2, 23.8, and 23.10, concerning Vehicle Inspection Station Licensing, without changes to the proposed text as published in the May 19, 2000, issue of the Texas Register (25 TexReg 4496) and will not be republished.

The justification for the sections will be more efficient administration of the Motor Vehicle Inspection Program.

The amendment to §23.1 deletes subsection (e), which creates an unreasonable and unenforceable requirement on an inspection station by preventing a station from making a new application within one year of the withdrawal of the original application. Amendments to §23.2 and §23.8 delete language requiring an inspection lane to be clearly marked with a 4" x 8" line to calibrate the headlight machine. Headlight aim is no longer a requirement and the marked lane is no longer necessary. §23.10(a) is amended to delete the requirement that inspection stations mount a 4' x 4' board on the wall of the display area, since this created an unnecessary financial burden. The previous rule required stations to buy a full sheet of plywood and cut it in half. Stations will still have to provide a display area but this can be on a wall or other area.

No comments were received regarding adoption of the amendments.

The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the chapter on Compulsory Inspection of Vehicles.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2000.

TRD-200005425

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: August 23, 2000

Proposal publication date: May 19, 2000

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


Subchapter B. GENERAL INSPECTION REQUIREMENTS

37 TAC §23.26, §23.27

The Texas Department of Public Safety adopts amendments to §23.26 and §23.27 concerning General Inspection Requirements, without changes to the proposed text as published in the May 19, 2000, issue of the Texas Register (25 TexReg 4497) and will not be republished.

The justification for the sections will be more efficient administration of the Motor Vehicle Inspection Program.

The amendment to §23.26 deletes subsection (b)(2) because inspection stations are now allowed to inspect large vehicles such as motor homes outside the inspection lane/building. The amendment to §23.27 adds language to subsection (j) which requires government vehicles in emission counties to be inspected.

No comments were received regarding adoption of the amendments.

The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules, considered necessary for carrying out the department's work and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the chapter on Compulsory Inspection of Vehicles.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2000.

TRD-200005426

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: August 23, 2000

Proposal publication date: May 19, 2000

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


Subchapter D. VEHICLE INSPECTION RECORDS

37 TAC §23.51

The Texas Department of Public Safety adopts an amendment to §23.51, concerning Vehicle Inspection Records, without changes to the proposed text as published in the May 19, 2000, issue of the Texas Register (25 TexReg 4498) and will not be republished.

The justification for the section will be more efficient administration of the Motor Vehicle Inspection Program and the deterrence of theft.

The amendment adds out of state identification certificates (VI-30-A forms) to the list of items which will be kept locked at all times. These VI-30-A forms are used to register vehicles and are a government document. Theft of forms would enhance a thief's chance at registering a stolen vehicle. Therefore, these should be kept locked just as the inspection certificates and number inserts are kept locked.

No comments were received regarding adoption of the amendment.

The amendment is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules, considered necessary for carrying out the department's work and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the chapter on Compulsory Inspection of Vehicles.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2000.

TRD-200005427

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: August 23, 2000

Proposal publication date: May 19, 2000

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


Chapter 25. SAFETY RESPONSIBILITY REGULATIONS

37 TAC §§25.19-25.21

The Texas Department of Public Safety adopts amendments to §§25.19-25.21, concerning Safety Responsibility Regulations, without changes to the proposed text as published in the May 19, 2000, issue of the Texas Register (25 TexReg 4499) and will not be republished.

The justification for the sections will be current and updated rules and more efficient administration of Safety Responsibility Regulations.

The amendments are necessary to correct outdated statutory references, and to ensure that individuals are fully informed regarding the types of financial responsibility that the department accepts for driver's license road tests, traffic enforcement contacts and during accident investigations.

No comments were received regarding adoption of the amendments.

The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules, considered necessary for carrying out the department's work, and Texas Transportation Code, §601.021, which provides that the department shall administer and enforce this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2000.

TRD-200005429

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: August 23, 2000

Proposal publication date: May 19, 2000

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


Part 11. TEXAS JUVENILE PROBATION COMMISSION

Chapter 349. STANDARDS FOR CHILD ABUSE AND NEGLECT INVESTIGATIONS IN SECURE JUVENILE FACILITIES

Subchapter A. INTAKE, INVESTIGATION, AND ASSESSMENT

37 TAC §349.118

The Texas Juvenile Probation Commission adopts amended §349.118 concerning administrative review of investigation findings in cases of child abuse and/or neglect in secure juvenile facilities. Section 349.118 is adopted without changes to the proposed text as published in the March 17, 2000, issue (25 TexReg 2320) and will not be republished.

TJPC adopts this rule in an effort to clarify the role of the Texas Advisory Council on Juvenile Services in the investigation of child abuse and neglect in secure juvenile facilities and to authorize final appeals of disputed findings to the State Office of Administrative Hearings (SOAH).

Public comment: Public comment was received by Dallas County Juvenile Probation on the proposed language in include "any policies referenced to by the designated perpetrator or designated victim/perpetrator, or any policies deemed relevant by the review committee."

Agency response: In the review process, the Committee is responsible for reviewing the findings of the TJPC investigation. Therefore, if the Designated Perpetrator has an issue with TJPC's rules or policies, he/she should address those at the time of the investigation. To wait until the review process would be untimely. For example: When reviewing a case, an Appellate Court cannot hear new evidence, they are limited to a review of what occurred.

Public comment: Comment was received Smith County Juvenile Probation that the three member review committee referenced in the proposed language allows for more outside review and a reduction of local control and autonomy for each department.

Agency response: The Review Committee would be assigned the task of reviewing the findings of the investigation done by TJPC, not the local investigation. Therefore, the review of TJPC investigations should not fall under local control or review on the local level.

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules which provide minimum standards for juvenile boards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 2, 2000.

TRD-200005399

Lisa Capers

Deputy Executive Director & General Counsel

Texas Juvenile Probation Commission

Effective date: August 22, 2000

Proposal publication date: March 17, 2000

For further information, please call: (512) 424-6710