Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter C. PERSONNEL AND EMPLOYMENT POLICIES
37 TAC §1.42
The Texas Department of Public Safety adopts new §1.42,
concerning the Department of Public Safety (DPS) Volunteer Program, without
changes to the proposed text as published in the October 22, 1999, issue of
the
Texas Register
(24 TexReg 9252) and will
not be republished.
The new section is justified by the anticipated increase in services to
customers and communities by the use of volunteers in agency programs. The
new rule will allow for efficient use of existing equipment and personnel,
proper guidance and supervision of volunteers, and incentives for persons
desiring to use their skills on behalf of the Department.
No comments were received regarding adoption of the new section.
The new section 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 Government Code, Chapter
2109.
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 January 26, 2000.
TRD-200000524
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: October 22, 1999
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS - ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §§15.25, 15.28, 15.29, 15.31, 15.34, 15.38, 15.40, 15.41
The Texas Department of Public Safety adopts amendments to §§15.25,
15.28, 15.29, 15.31, 15.34, 15.38, 15.40 and 15.41, concerning Application
Requirements-Original, Renewal, Duplicate, Identification Certificates without
changes to the proposed text as published in the November 12, 1999, issue
of the
Texas Register
(24 TexReg 9966) and
will not be republished.
The amendments are necessary to delete inapplicable provisions, reflect
changes resulting from the re-codification of Texas Civil Statutes to Texas
Transportation Code, and update to correspond to statutory provisions relating
to social security numbers and fees.
Amendments to these sections include the following information. Amendment
to §15.25 deletes subsection (b) as it no longer applies and reformats
subsection (a). Amendment to §15.28 is necessary to reflect changes resulting
from the re-codification of Texas Civil Statutes to Texas Transportation Code.
Form numbers are updated in §15.29. §15.31 is amended to change
the name of the form and to state that out-of-state renewals must submit proof
of social security number. Amendment to §15.34 updates the name of the
DL-43 application. §15.38 adds examination to the list of exemptions
for disabled veterans. §15.40 is amended to show current fees for regular
driver's license and commercial driver's license. Amendment to §15.41
corrects reference to statute.
No comments were received regarding the adoption of these amendments.
These 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, §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 January 26, 2000.
TRD-200000525
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
37 TAC §15.43
The Texas Department of Public Safety adopts the repeal of §15.43,
concerning Anatomical Gifts, without changes to the proposal as published
in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9966) and will not be republished.
The justification for this repeal is necessary because the law no longer
requires anatomical gift designations on the drivers license or identification
card.
No comments were received regarding the repeal of this section.
This repeal 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 January 26, 2000.
TRD-200000530
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
37 TAC §15.56
The Texas Department of Public Safety adopts amendments to §15.56,
concerning examination requirements without changes to the proposed text as
published in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9967) and will not be republished.
The amendments are justified to ensure that individuals are fully informed
about test requirements for the issuance of drivers licenses.
Amendments to this section includes adding Class C vehicles to the pre-trip
inspection of brake operations and adding new paragraph (6)(C).
No comments were received regarding the adoption of these amendments.
These 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, §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 January 26, 2000.
TRD-200000526
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
37 TAC §15.59
The Texas Department of Public Safety adopts amendments to §15.59,
concerning Renewal Tests, without changes to the proposed text as published
in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10840) and will not be republished.
The justification for these amendments will be to provide applicants with
alternative methods of applying and paying for the renewal of driver's licenses
and identification certificates, allowed for by Senate Bill 370 (DPS Sunset), §§19,
24, and 28, 76th Legislature, 1999. The title of the section is also being
amended to better reflect the contents of this section.
No comments were received regarding the adoption of these amendments.
These 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, §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 January 26, 2000.
TRD-200000532
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 424-2135
37 TAC §15.82
The Texas Department of Public Safety adopts amendments to §15.82,
concerning driver improvement without changes to the proposed text as published
in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9967) and will not be republished.
The justification for these amendments is to clarify department policy
concerning when driver's licenses will be cancelled.
Amendments to this section include changing the word "original" to "all"
to indicate those applicants whose license may be cancelled and changes the
word "incompetency" to "incapacity."
No comments were received regarding the adoption of these amendments.
These 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, §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 January 26, 2000.
TRD-200000531
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
37 TAC §15.92
The Texas Department of Public Safety adopts amendments to §15.92,
concerning reciprocity in driver licensing without changes to the proposed
text as published in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9968) and will not be republished.
The justification for these amendments will be to ensure that individuals
are fully informed about the requirements for the issuance of driver's licenses.
The amendments to this section are necessary to correct the reference to
statute as a result of the re-codification of Texas Civil Statutes to the
Texas Transportation Code.
No comments were received regarding the adoption of these amendments.
These 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, §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 January 26, 2000.
TRD-200000527
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
37 TAC §15.123, §15.124
The Texas Department of Public Safety adopts amendments to §15.123
and §15.124, concerning denial of renewal of driver's license for failure
to appear for traffic violations without changes to the proposed text as published
in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9969) and will not be republished.
The justification for these amendments will be to ensure that individuals
are fully informed about the requirements for the issuance of driver's licenses.
Amendments to these sections include correcting the reference to statute
as a result of the re-codification of Texas Civil Statutes to the Texas Transportation
Code and deleting unnecessary language from §15.123(b) and (c).
No comments were received regarding the adoption of these amendments.
These 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, §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 January 26, 2000.
TRD-200000528
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
37 TAC §15.131
The Texas Department of Public Safety adopts new §15.131,
concerning Advertising in Texas Drivers Handbook, without changes to the proposed
text as published in the October 22, 1999, issue of the
Texas Register
(24 TexReg 9254) and will not be republished.
The new section is justified by the cost of printing and distribution that
can now be recovered for this publication while preserving the agency's neutrality
in controversial social and political issues.
No comments were received regarding adoption of the new section.
The new section 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 January 26, 2000.
TRD-200000523
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: October 22, 1999
For further information, please call: (512) 424-2135
Subchapter A. EQUIPMENT AND VEHICLE STANDARDS
37 TAC §§21.1, 21.3, 21.7
The Texas Department of Public Safety adopts amendments to §§21.1,
21.3 and 21.7, concerning equipment and vehicle standards without changes
to the proposed text as published in the November 12, 1999, issue of the
The justification for these amendments is necessary to delete inapplicable
and obsolete language and bring the rules in compliance with current statutory
definitions and changes made by House Bill 932, 76th Legislature, 1999.
Amendments to these sections include the following information. Amendment
to §21.1 deletes subsection (a)(4) which is no longer applicable. Obsolete
language regarding certification of certain vehicles is deleted in §21.3.
Section 21.7(c) is reformatted to include the definition of "motor vehicle"
and amends the current definition of "passenger car." Section 21.7 is also
amended to reflect statutory changes made by House Bill 932, 76th Texas Legislature,
1999.
No comments were received regarding the adoption of these amendments.
These amendments are adopted pursuant to Texas Transportation
Code, Chapters 521, 545, and 547, which state the department may adopt rules
necessary to administer the chapters and which set forth the type of safety
chains required to be used based on the weight of the trailer, semitrailer,
or house trailer being towed.
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 January 26, 2000.
TRD-200000529
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: February 15, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 424-2135
Chapter 141.
GENERAL PROVISIONS
Subchapter B. RULEMAKING
37 TAC §141.52
The Policy Board of the Texas Board of Pardons and Paroles
adopts the repeal of 37 TAC §141.52, concerning suspension of rules.
The repeal is adopted without changes to the proposal as published in the
November 5, 1999, issue of the
Texas Register
(24 TexReg 9795).
The repeal is necessary because the rule, which was originally promulgated
prior to 1977, is obsolete and unenforceable, as it is not grounded in either
current statute or case law.
No comments were received regarding adoption of the proposed repeal of
the rule.
The repeal is adopted under §508.036, Government Code, which
grants the Policy Board the power to promulgate rules relating to the decision-making
process used by the Board and parole panels; and under §508.044, Government
Code, which provides the Policy Board with the authority to adopt reasonable
rules the Policy Board considers proper or necessary relating to matters involving
parole or mandatory supervision, the conduct of revocation hearings, or conditions
to be imposed on a releasee to parole or mandatory supervision.
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 January 26, 2000.
TRD-200000549
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 15, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 343-6041
37 TAC §141.101
The Policy Board of the Texas Board of Pardons and Paroles
adopts an amendment to 37 TAC §141.101, concerning subpoenas. The amendment
is adopted without changes to the proposed text as published in the November
5, 1999, issue of the
Texas Register
(24 TexReg
9795-9796).
The amendment is necessary for the purpose of making non-substantive, grammatical
changes in the rule.
No comments were received regarding adoption of the proposed amendment
to the rule.
The amendment is adopted under §508.036, Government Code,
which grants the Policy Board the power to promulgate rules relating to the
decision-making processes used by the Board and parole panels; under §508.044,
Government Code, which provides the Policy Board with the authority to adopt
reasonable rules the Policy Board considers proper or necessary relating to
matters involving parole or mandatory supervision, the conduct of revocation
hearings, or conditions to be imposed on a releasee to parole or mandatory
supervision; and under §508.048, Government Code, which grants the Board
the power to issue subpoenas.
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 January 26, 2000.
TRD-200000546
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 15, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 343-6041
Subchapter A. PAROLE PROCESS
37 TAC §145.6
The Policy Board of the Texas Board of Pardons and Paroles
adopts an amendment to 37 TAC §145.6, concerning denial of parole. The
amendment is adopted without changes to the proposed text as published in
the November 5, 1999, issue of the
Texas Register
(24 TexReg 9796).
The amendment is necessary for the purpose of providing the inmate notification
of the reasons for the three-member parole panel's decision on whether to
release the inmate to parole.
No comments were received regarding adoption of the proposed amendment
to the rule.
The amendment is adopted under §508.036, Government Code,
which grants the Policy Board the power to promulgate rules relating to the
decision-making processes used by the Board and parole panels; under §508.044,
Government Code, which grants the Board panels the power to decide which inmates
are to be released on parole; and under §508.144, Government Code, which
requires the Board to develop parole guidelines that are the basic criteria
on which parole decisions are made.
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 January 26, 2000.
TRD-200000547
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 15, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 343-6041
37 TAC §145.56
The Policy Board of the Texas Board of Pardons and Paroles
adopts the repeal of 37 TAC §145.56, concerning revocation of parole
or mandatory supervision. The repeal is adopted without changes to the proposal
as published in the November 5, 1999, issue of the
Texas Register
(24 TexReg 9796-9797).
The repeal is necessary because the rule is obsolete and outdated and reflects
procedures that are no longer utilized by the agency. In addition, the procedures
are adequately covered under Chapter 146 of the agency rules.
No comments were received regarding adoption of the proposed repeal of
the rule.
The repeal is adopted under §508.036, Government Code, which
grants the Policy Board the power to promulgate rules relating to the decision-making
process used by the Board and parole panels; and §508.044, Government
Code, which provides the Policy Board with the authority to adopt reasonable
rules the Policy Board considers proper or necessary relating to matters involving
the conduct of revocation hearings.
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 January 26, 2000.
TRD-200000548
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 15, 2000
Proposal publication date: November 5, 1999
For further information, please call: (512) 343-6041
Subchapter B. EVIDENCE
Chapter 15.
DRIVERS LICENSE RULES
Subchapter C. EXAMINATION REQUIREMENTS
Subchapter D. DRIVER IMPROVEMENT
Subchapter E. RECIPROCITY IN DRIVER LICENSING
Subchapter G. DENIAL OF RENEWAL OF DRIVER'S LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION
Subchapter H. ADVERTISING
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
Subchapter F. SUBPOENAS
Chapter 145.
PAROLE
Subchapter C. REVOCATION OF ADMINISTRATIVE RELEASE (PAROLE, MANDATORY SUPERVISION, AND EXECUTIVE CLEMENCY)
Chapter 147.
HEARINGS