Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter B. BASIC DOCTRINE
37 TAC §1.12
The Texas Department of Public Safety proposes new §1.12,
concerning Initiation of Rulemaking. The new section establishes a formal
procedure within the department for handling submission, consideration, and
disposition of rules by interested persons.
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
to state or local government or local economies.
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 an established method of rulemaking policy. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The new section is proposed 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, §2001.021.
Texas Government Code, §411.004(3) and §2001.021 are affected
by this proposal.
§1.12.Initiation of Rulemaking.
(a)
Any interested person may petition the department requesting
the adoption of a new rule or the amendment of an existing rule. The petition
shall be in writing directed to the Office of Director at the department's
headquarters building in Austin.
(b)
The petition for adoption shall contain:
(1)
a clear and concise statement of the substance of the proposed
rule or amendment;
(2)
the complete proposed text of the rule;
(3)
the statutory authority for such rule or amendment;
(4)
a brief explanation of the purpose to be accomplished through
such adoption.
(c)
Within 60 days after submission of a petition, the department
either shall deny the petition in writing stating its reasons for denial,
or shall initiate rulemaking proceedings.
(d)
Nothing in this section shall preclude the department from
consideration or development of new rules or amendments to existing rule on
its own initiation.
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 July 12, 2000.
TRD-200004801
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 424-2135
Subchapter A. LICENSING REQUIREMENTS
37 TAC §15.7
The Texas Department of Public Safety proposes an amendment
to §15.7, concerning Occupational License (Essential Need). Amendment
to §15.7 removes language that may be interpreted to allow for the issuance
of an Occupational License to Commercial Motor Vehicle (CMV) operators in
conflict with changes and additions to the department's Commercial Driver
License (CDL) rules (37 TAC §16.97 relating to Occupational Licenses
and §16.106 relating to Occupational/Essential Need License Prohibition)
which specifically prohibit the issuance of an Occupational License to a CMV
operator. The amendment further provides additional information on the process
for obtaining an occupational license and gives the appropriate bureau for
the public to address questions and correspondence.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government or local economies.
Mr. Haas also has determined that for each year of the first five year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be the prohibition of the issuance of an Occupational
CDL to CMV operators allowing for safer roadways. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4098, Austin, Texas 78773-0140,
(512) 424-2890.
The amendment is proposed 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.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.7.Occupational License (Essential Need).
(a)
An occupational license authorizes the driving of any
noncommercial
motor vehicle subject to the restrictions imposed and
is a special license issued without photograph by the
Safety Responsibility
[
(1)
in the performance of an occupation or trade or transportation
to and from such occupation or trade;
(2)
for transportation to and from an educational facility
in which the person is enrolled; or
(3)
in the performance of essential household duties.
(b)
The person issued an occupational license is required to
carry a certified copy of the court order showing the restrictions imposed
by the court along with the license issued by
the Safety Responsibility
[
(c)
The basic requirements for the issuance of an occupational
license are:
(1)
a certified copy of petition and a
certified
copy
of a legally issued [
(2)
the filing of an SR-22 and the maintenance of such proof
of financial responsibility.
(d)
The fee is $10 for
up to
one year.
If the
suspension or revocation is over one year the applicant can apply for a two
year occupational license if permitted by the court order and submits an additional
$10 fee for the second year.
If the suspension is an automatic suspension
or a safety responsibility suspension which has become effective, an additional
statutory reinstatement fee is required with the SR-22 form.
(e)
The expiration date will be shown on the license and will
be the first of the following dates [
(1)
when the suspension ends; or
(2)
first anniversary of the court order granting the
occupational license, unless the applicant submitted the additional fee for
the subsequent year
[
(f)
A certified copy of the court order by itself may be used
as a restricted license for a period of 30 days from the date of the order
(g)
If the suspension or revocation
is still in effect after the expiration of the occupational license the individual
may apply to renew the occupational license for one year by submitting an
application and a $10 fee. The applicant must have a court order authorizing
the occupational license for the extended period. This can either be the original
court order granting the occupational license for the entire suspension revocation
period or a separate court order extending the time period for the occupational
license.
(h)
An occupational license cannot
authorize the operation of a commercial motor vehicle.
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 July 12, 2000.
TRD-200004802
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 424-2135
37 TAC §15.47
The Texas Department of Public Safety proposes new §15.47,
concerning Electronically Readable Information. The new section is necessary
in order for the department to comply with House Bill 571, passed during the
76th Texas Legislature, 1999, which limits the information placed on a Texas
driver license in an electronically readable format, and allows for this information
to be used for law enforcement and governmental purposes only.
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
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rule will be to limit the purposes for which personal information
contained on the driver license/commercial driver license/identification certificate
may be assessed in an electronically readable format. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The new section is proposed 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.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.47.Electronically Readable Information.
(a)
The information contained in the magnetic stripe of the
driver license, commercial driver license, or identification certificate shall
only include the information on the face of the license and the physical description
of the licensee.
(b)
Only law enforcement and governmental agency personnel
acting in their official capacity can utilize the information provided in
this format.
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 July 12, 2000.
TRD-200004805
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS AND EXAMINATIONS
37 TAC §§16.43 - 16.55
(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 §§16.43-16.55, relating to Commercial Driver's License.
The sections are proposed for repeal with simultaneous proposal of new sections
that are renumbered as §§16.44-16.56 in order to provide for the
addition of a new §16.43 relating to Cancellation of Commercial Driver
License.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeals are in effect there will be no fiscal implications
to state or local government or local economies.
Mr. Haas also has determined that for each year of the first five period
the repeals are in effect the public benefit anticipated as a result of enforcing
the repeals will be current and updated rules. There is no anticipated adverse
economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The repeals are proposed 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.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by the repeal.
§16.43.Written Tests Required.
§16.44.Passing Rates for Written Tests.
§16.45.Skills Tests Required.
§16.46.Waivers from Skills Test.
§16.47.Road Test.
§16.48.Safety Inspection.
§16.49.Pre-trip Inspection.
§16.50.Road Test Maneuvers.
§16.51.Testing of Residents.
§16.52.Check of Applicant.
§16.53.Oral Tests.
§16.54.Spanish Language Tests.
§16.55.CDL-40 Supplemental Examination
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 July 12, 2000.
TRD-200004803
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 424-2135
37 TAC §§16.43 - 16.56
The Texas Department of Public Safety proposes new §§16.43-16-56,
relating to Commercial Driver's Licenses (CDL). The new sections explain the
various written examinations and skills tests that must be passed in order
to obtain a CDL. The sections also provide a method for cancellation of an
application or license. The new sections conform to legislation that requires
the department to issue and administer tests for commercial driver's licenses.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government or local economies.
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 adverse economic effect on individuals,
small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The new sections are proposed 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.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§16.43.Cancellation of Commercial Driver License.
(a)
The department will cancel a commercial drivers license
upon confirmation of any of the following:
(1)
nonpayment of fee;
(2)
all applicants suspended in another state;
(3)
original CDL obtained through fraudulent means;
(4)
obtained CDL without satisfying all qualification requirements;
(5)
mental incapacity;
(6)
false statement convictions in which the statement was
made to the department;
(7)
license issued to person not entitled thereto.
(b)
Upon cancellation of the license, the department will send
notice to the individual demanding the surrender of the Texas commercial driver
license.
(c)
When applicable the department can require re-examination
of all appropriate tests.
§16.44.Written Tests Required.
(a)
An original applicant for a Texas commercial driver's license
(CDL) must take the signs, rules, and the appropriate Class A or Class B tests
as well as any required and necessary CDL tests. A holder of a valid CDL from
another state need not take the CDL tests if the out-of-state license indicates
those tests were administered in that other state.
(b)
Current Texas license holders will be required to take
only required and necessary CDL tests, unless advancing in grade, in which
case the appropriate Class A or Class B tests will be required.
(c)
All CDL applicants must take and pass the CDL general knowledge
exam, except those persons who currently hold a CDL from another state.
(d)
Class A CDL applicants must take and pass the combination
vehicle test even though there will be no endorsement for combination vehicles.
Those persons currently holding a CDL issued by another state will not be
required to take this test unless they wish to advance in grade.
(e)
For applicants who already hold a CDL issued by another
state and for all applicants for renewals of commercial driver's licenses,
the hazardous materials examination will be required to maintain the endorsement,
unless the hazardous materials test has been taken during the past two years
immediately preceding the renewal as shown in the person's driver's license
record.
(f)
Persons who do not take and pass the air brake exam will
be restricted to driving vehicles without air brakes. Applicants holding an
out-of-state CDL will be exempt from this test unless that license indicates
they are restricted to driving vehicles not equipped with air brakes.
§16.45.Passing Rates for Written Tests.
(a)
Signs, rules, Class A and Class B, and motorcycle tests
will require correct answers of 70% or more of the questions for the applicant
to pass.
(b)
Commercial driver's license (CDL) examinations will require
correct answers on 80% or more of the questions for the applicant to pass.
(c)
All required tests must be passed in order to obtain a
CDL and the appropriate endorsements.
(d)
Number of questions and correct answers on CDL driver license
tests:
Figure: 37 TAC §16.45(d)
§16.46.Skills Test Required.
(a)
Applicants will be required to take the skills test if
they:
(1)
apply as original applicants for a driver's license; or
(2)
are unable to present both the Form CDL-3 and Form CDL-3A
certifications.
(b)
Applicants who hold a commercial driver's license (CDL)
from another state will not be required to take a skills test when making
an application for an original Texas CDL of the same class and with the same
restrictions and endorsements.
§16.47.Waivers from Skills Test.
(a)
An applicant may be exempted from the skills test if:
(1)
currently licensed (in Texas or in another state);
(2)
for the two years preceding application:
(A)
has not had more than one license at any one time;
(B)
has not had any license suspended, revoked, or canceled;
(C)
has not had a conviction for any disqualifying offense,
such as Driving While Intoxicated, Driving Under the Influence of Drugs, Failure
to Give Information and Render Aid, failure to comply with any offense as
cited in Texas Transportation Code, Chapter 550, Subchapter B, Blood or Breath
Test Refusal, a felony involving the use of a commercial motor vehicle (CMV),
or use of a CMV in the commission of a felony involving manufacturing, distributing,
or dispensing a controlled substance; and
(D)
has not been convicted for a serious traffic violation,
as defined by Texas Transportation Code, §522.003(25) and §16.93
of this title (relating to Serious Traffic Violations and Habitual Violators).
These convictions may result from the operation of any vehicle; and
(3)
regularly employed in a job requiring the operation of
a CMV:
(A)
has previously taken and passed a skills test given by
a state with a classified licensing system and the test was behind-the-wheel
in a representative vehicle for the driver's license classification; or
(B)
has operated for at least two years immediately preceding
application for a commercial driver's license (CDL), a vehicle representative
of the CMV the applicant operates or expects to operate.
(b)
Waivers for the skills test only apply to original applicants
for CDL. Those who subsequently apply for an advance in grade, removal of
restriction, or addition of endorsement after receiving a CDL will not be
given a second waiver of any required skills tests.
(c)
Waivers for the skills test apply only to CMV operators
with an exempt status and those legally operating CMVs such as the operation
of CMVs on non-public roads in large company lots such as power or chemical
companies.
(d)
Applicants who hold a CDL from another state will not be
required to take any knowledge or skills tests when making an application
for an original Texas CDL of the same class and with the same restrictions
or endorsements unless it has been over two years since the Hazmat test was
taken. Applicants must surrender a valid CDL license, a valid CDL temporary
permit, or other acceptable proof that the person has a valid license from
another state in order to have the tests waived.
§16.48.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
§16.49.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)
mud flaps (if required);
(18)
hazard warning lamps;
(19)
fire extinguisher (if required);
(20)
flashing lights (school buses - two red alternately flashing
lamps to the front and rear);
(21)
"School Bus" sign eight inches in height on front and
rear of bus (when in use as school bus);
(22)
reflective triangles (if required);
(23)
full service brakes;
(24)
hydraulic brake; and
(25)
parking brake.
§16.50.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)
The second part of the skills test is the air brake inspection
test. 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. The air brake test requires the driver to demonstrate his or her knowledge
and ability to conduct a complete air brake safety inspection. The air brake
safety inspection will include:
(1)
leak in system;
(2)
warning signals; and
(3)
emergency brakes.
§16.51.Road Test Maneuvers.
(a)
The road test will consist of the following maneuvers:
(1)
start;
(2)
quick smooth stop;
(3)
backing;
(4)
upshifting;
(5)
downshifting;
(6)
lane change;
(7)
merge;
(8)
use of lanes;
(9)
right-of-way;
(10)
posture;
(11)
approach to corner;
(12)
traffic signals;
(13)
traffic signs;
(14)
left turns;
(15)
right turns; and
(16)
parallel parking (if applicable).
(b)
Rejection standards for road test are:
(1)
accident. Any contact with another vehicle, object, or
pedestrian which applicant could have prevented, regardless of who was responsible,
resulting in any damage or injury;
(2)
dangerous action:
(A)
accident is prevented only by defensive driving on the
part of another or dodging by a pedestrian;
(B)
any loss of control creating a hazard;
(C)
driver stalls vehicle in middle of busy intersection so
as to obstruct traffic;
(D)
drives one or more wheels over the curb or onto the sidewalk;
(E)
accident prevented only by warning given by the examining
officer; or
(F)
runs over parking standards on the parallel parking test;
(3)
violation of law. Unless otherwise stipulated in scoring
standards, a driver is disqualified for:
(A)
any act for which the driver might be arrested; or
(B)
any act which might make the driver liable for damages
in case of accident;
(4)
deductions. Various or repeated minor mistakes totaling
more than 30 points deducted on the on-street test for any vehicle;
(5)
lack of cooperation or refusal to perform:
(A)
refusal to try any maneuver in good faith;
(B)
repeated failure to follow instructions;
(C)
offer a bribe or gratuity;
(D)
argument concerning scoring, not just a discussion of scoring;
or
(E)
refusal to wear a seat belt when required and has no physician's
statement for waiver.
§16.52.Testing of Residents.
(a)
The department will not administer commercial driver's
license (CDL) tests, whether written or skills tests, to a person who is domiciled
in another state. This does not preclude the department from administering
tests to a resident of a foreign jurisdiction for the purpose of obtaining
a nonresident CDL.
(b)
The department did not adopt third party testing in the
State of Texas. However, because some states did adopt third party testing
the department decided that we would accept third party testing results from
other states provided certain conditions were met:
(1)
Third party tester must be approved by their respective
state.
(2)
Test results must be reported to Texas on the state's form
signed by a state official that identified the driver and the third party
tester's results form.
(c)
The purpose for requiring third party testers to submit
the driver's test results to state licensing authorities first and then the
state placing that information on the state's form is to ensure that third
party testers have been approved and remain approved by the state
§16.53.Check of Applicant.
Upon acceptance of the sworn application and documents, the department
will conduct a 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.
§16.54.Oral Tests.
The department will offer oral knowledge tests to persons unable to
read a written test who apply for a commercial driver's license (CDL) for
both intrastate and interstate operation. The only reading requirement in
the knowledge test will be to show an understanding of traffic signs which
are written in English.
§16.55.Spanish Language Tests.
(a)
The commercial driver's license (CDL) knowledge test will
be offered in the Spanish language for both intrastate and interstate operation.
The applicant must be able to show an understanding of traffic signs which
are written in English.
(b)
The department will not administer exams or tests relating
to an applicant's proficiency in the English language. However, if an applicant
is unable to speak English sufficiently to communicate to department personnel
the applicant's need for a CDL, then such license will be restricted to operation
in intrastate commerce.
§16.56.CDL-40 Supplemental Examination.
This form will be used for additional CDL examination results when
all available spaces on the CDL-1 have been used or if adding endorsement(s),
advancing in class, removing/adding restrictions, applying for a Farm Related
Service Industry (FRSI) CDL, or Hazardous Material endorsement renewal for
current Texas CDL holders. (For FRSI applicants include a CDL-1F).
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 July 12, 2000.
TRD-200004804
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 424-2135
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.61
The Texas Youth Commission (TYC) proposes an amendment to §87.61,
concerning substance abuse. The amendment to the section will allow qualified
credentialed counselors to provide chemical dependency treatment services
to TYC youth in substance counseling in addition to the already allowed, licensed
chemical dependency counselors and interns supervised by licensed or credentialed
counselors.
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 more efficient of resources due to a larger number of
qualified personnel to select from when providing services to TYC youth. 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 amendment is proposed under the Human Resources Code, §61.0812,
which provides the Texas Youth Commission with the authority to Provide substance
abuse treatment to TYC youth.
The proposed rule affects the Human Resource Code, §61.034.
§87.61.Substance Abuse Services.
(a)
Purpose. The purpose of this rule is to provide for the
clinical management of chemically dependent youth within the limitations of
resources.
(b)
Applicability. This rule is applicable for services specially
funded and staffed as a chemical dependency treatment program. It is not applicable
to contracted services.
(c)
Designated Texas Youth Commission (TYC) operated substance
abuse programs provide services consistent with federal and state mandates
and guidelines. Specific requirements will be made available in the agency
Substance Abuse Program Operating Manual.
(1)
During the admission process a physician shall complete
a physical examination on each youth to determine needle marks, or other indications
of alcohol/drug abuse including physical dependence and determine the need
for medically supervised detoxification.
(2)
Every youth shall be administered the Substance Abuse Subtle
Screening Inventory (SASSI) at time of admission to TYC.
(3)
All youth screened as being chemically dependent on the
SASSI or those screened as abusers whose case file contains indicators of
extensive drug use shall undergo chemical dependency assessment, by a licensed
chemical dependency counselor (LCDC).
(4)
An actual diagnosis of chemical dependency will be determined
by a licensed psychologist or psychiatrist.
(5)
An objective for the initial Individual Case Plan (ICP)
shall be prepared for all chemically dependent youth by the licensed chemical
dependency counselor indicating a requirement for successful completion of
pretreatment education and placement in an appropriate treatment environment
(residential, intensive outpatient, supportive outpatient). In institutions,
a multidisciplinary team will develop and implement an individualized treatment
plan. Referrals are made to specified community resources when appropriate.
(6)
Pretreatment and treatment services will be provided in
TYC-operated high restriction facilities and in TYC operated community-based
treatment programs if related funds are available.
(7)
All TYC personnel providing chemical dependency treatment
services will be Licensed Chemical Dependency Counselors (LCDC)
, Qualified
Credentialed Counselors (QCC),
or [
(8)
Youth will be referred upon recommendation by a licensed
chemical dependency counselor to either treatment or continuing chemical dependency
care services, as appropriate, upon placement in the community.
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 July 14, 2000.
TRD-200004886
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 27, 2000
For further information, please call: (512) 424-6244
Subchapter C. MISCELLANEOUS
Chapter 15.
DRIVERS LICENSE RULES
Driver Improvement and Control
] Bureau in Austin upon authorization
by a district court or county court. It may authorize the driving of any
noncommercial
motor vehicle:
Driver Improvement and Control
] Bureau and is required to
show the court order and license to a peace officer on request.
certified
] court order finding an essential
need for operating a
non-commercial
motor vehicle as provided in
subsection (a) of this section and setting forth the conditions for such driving;
and
, unless further extended by the
court
]:
as determined by court order
].
Subchapter B. APPLICATION REQUIREMENTS - ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
Chapter 16.
COMMERCIAL DRIVERS LICENSE
Part 3.
TEXAS YOUTH COMMISSION
are TCADA approved
] LCDC
interns working under the supervision of an LCDC
or QCC
.
Chapter 99.
GENERAL PROVISIONS