Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter C. PERSONNEL AND EMPLOYMENT POLICIES
37 TAC §§1.21 - 1.32, 1.34, 1.35, 1.39
The Texas Department of Public Safety adopts the repeal of §§1.21-1.32, §1.34, §1.35,
and §1.39, concerning Personnel and Employment Policies, without changes
to the proposed text as published in the March 17, 2000, issue of the
The justification for the repeal will be the elimination of unnecessary
and outdated rules on internal human resource procedures.
The repeal of these sections deletes provisions that are internal procedures
only, and which have no public impact. The repeal will further allow the department
to administer human resources policies more quickly and efficiently.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004074
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §§1.36, 1.37, 1.41
The Texas Department of Public Safety adopts amendments to §§1.36,
1.37, and 1.41, concerning Personnel and Employment Policies. Section 1.41
is adopted with changes to the proposed text as published in the March 17,
2000, issue of the
Texas Register
(25 TexReg
2299). Sections 1.36 and 1.37 are adopted without changes and will not be
republished.
The justification for the amendments will be current and updated rules.
Amendment to §1.36 deletes subsection (b) and reformats current subsection
(a) to better reflect current law and practice. Amendment to §1.37 adds
and deletes language which is also necessary in order to better reflect current
law and practice. Section 1.41(a)(2) corrects reference to the Human Resources
Bureau, telephone number and zip code. The amendment of these sections will
allow the department to administer human resources policies more quickly and
efficiently.
Section 1.41(c)(6) is changed to reflect the current designation of "Office
of General Counsel."
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department.
§1.41.Americans with Disabilities Act Grievance Procedures.
(a)
Policy.
(1)
The Texas Department of Public Safety has adopted an internal
grievance procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by the United States Department of Justice
regulations implementing Title II of the Americans with Disabilities Act (ADA).
Title II states, in part, that "no otherwise qualified disabled individual
shall, solely by reason of such disability, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination" in programs
or activities sponsored by a public entity.
(2)
Complaints should be addressed to: Commander, Human Resources
Bureau, 5805 North Lamar Boulevard, P.O. Box 4087, Austin, Texas 78773-0251,
(512) 424-5901, who has been designated to coordinate ADA compliance efforts.
(3)
The ADA coordinator shall maintain the files and records
of the Texas Department of Public Safety relating to the complaints filed.
(4)
The right of a person to a prompt and equitable resolution
of the complaint filed hereunder shall not be impaired by the person's pursuit
of other remedies such as the filing of an ADA complaint with the responsible
federal or state department or agency. Use of this grievance procedure is
not a prerequisite to the pursuit of other remedies.
(5)
This policy shall be construed to protect the substantive
rights of interested persons to meet appropriate due process standards, and
to assure that the Texas Department of Public Safety complies with the ADA
and the implementing regulations.
(b)
Complaint procedures for program compliance.
(1)
A complaint should be filed in writing or verbally, contain
the name and address of the person filing it, and briefly describe the alleged
violation of the regulations.
(2)
A complaint should be filed within 30 days after the complainant
becomes aware of the alleged violation. (Processing of allegations of discrimination
which occurred before adoption of this section will be considered on a case-by-case
basis.)
(3)
An investigation, as may be appropriate, shall follow a
filing of complaint. The investigation shall be conducted by an employee designated
by the assistant director. The designated investigator may not be a member
of the same service or bureau administering the program or activity complained
of. This procedure contemplates informal but thorough investigations, affording
all interested persons and their representatives, if any, an opportunity to
submit evidence relevant to a complaint. A copy of the investigative report
will be forwarded to the major division chief over the program or activity
complained of.
(4)
A written determination as to the validity of the complaint
and a description of the resolution, if any, shall be issued by the major
division chief and a copy forwarded to the complainant no later than 30 days
after its filing.
(5)
The complainant can request a reconsideration of the case
in instances where he or she is dissatisfied with the resolution. The request
for reconsideration should be made to the assistant director within 10 days
of the date of the written determination issued by the major division chief.
Based on his review of the investigation, the assistant director may alter
the determination of the major division chief.
(c)
Complaint procedure for employment compliance.
(1)
An applicant for employment may file a complaint in writing
or verbally. The complaint should contain the name and address of the person
filing it. A complaint should be filed within 30 days after the complainant
becomes aware of the alleged violation. (Processing of allegations of discrimination
which occurred before adoption of this section will be considered on a case-by-case
basis.)
(2)
A board consisting of the Equal Employment Opportunity
(EEO) officer and two other members to be named by the director has been established
to receive, review, and make determinations as to validity on complaints of
discrimination. Upon receipt of the complaint, the ADA coordinator will forward
the complaint to the EEO officer.
(3)
The complaint must fully describe the nature of the complaint
and provide sufficient details to enable the board to arrive at a thorough
understanding of what has occurred. The board may request additional information.
(4)
A written determination as to the validity of the complaint
and a description of the resolution, if any, shall be issued by the EEO officer
and a copy forwarded to the complainant, the chief of legal services, and
the ADA coordinator no later than 30 days after its filing.
(5)
The complainant can request a reconsideration of the case
in instances where he or she is dissatisfied with the resolution. The request
for reconsideration should be made to the assistant director within 10 days
of the date of the written determination issued by the EEO officer. Based
on his review of the investigation, the assistant director may alter the determination
of the EEO officer.
(6)
The ADA coordinator will advise the Office of General Counsel,
as necessary, about complaints received and the resolution of such complaints.
The Office of General Counsel shall assist the coordinator as the need arises.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004075
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §1.151
The Texas Department of Public Safety adopts an amendment
to §1.151, concerning Inscription On Vehicles, without changes to the
proposed text as published in the March 17, 2000, issue of the
Texas Register
(25 TexReg 2300) and will not be republished.
The justification for this section will be more efficient administration
of the department.
Amendment to the section is necessary so the department can clarify current
policy and more clearly meet the requirements of Chapter 721 of the Texas
Transportation Code which allows for certain vehicles to be exempt from the
inscription requirement.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department and Texas Transportation Code, §721.003.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004076
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.46
The Texas Department of Public Safety adopts new §15.46,
concerning Application Requirements-Original, Renewal, Duplicate, Identification
Certificates, without changes to the proposed text as published in the March
17, 2000, issue of the
Texas Register
(25
TexReg 2302) and will not republished.
The justification for the new section will be to properly reconstitute
a county's jury wheel information by providing better demographic data for
this purpose.
House Bill 82, passed during the 76th Texas Legislature, 1999, requires
applicants for a Texas driver license, personal identification certificate,
or commercial driver license to provide information relating to their citizenship
and county of residence. This statute is relating to the method by which a
county reconstitutes the jury wheel and the duty of the department to remove
certain names from a list used to reconstitute the jury wheel.
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 June 9, 2000.
TRD-200004078
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS AND EXAMINATIONS
37 TAC §16.31
The Texas Department of Public Safety adopts an amendment
to §16.31, concerning Commercial Driver's License Application Requirements
and Examinations, without changes to the proposed text as published in the
March 17, 2000, issue of the
Texas Register
(25 TexReg 2302) and will not be republished.
The justification for this section will be to assist in the positive identification
of an applicant for a Texas driver license or identification certificate.
Amendment to the section adds language referencing §15.24 of this
title (relating to Identification of Applicants) as the designated section
containing the listing of acceptable documents for driver license, commercial
driver license or identification certificate applicants.
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, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004080
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §16.40
The Texas Department of Public Safety adopts an amendment
to §16.40, concerning Application Requirements and Examinations, without
changes to the proposed text as published in the March 17, 2000, issue of
the
Texas Register
(25 TexReg 2303) and will
not be republished.
The justification for the section will be to properly reconstitute a county's
jury wheel information by providing better demographic data for this purpose.
Amendment to the section adds new subsection (d) which requires that applicants
for a commercial driver license provide information relating to their citizenship
and county of residence. This change is necessary due to the passage of House
Bill 82, passed during the 76th Texas Legislature, 1999, relating to the method
by which a county reconstitutes the jury wheel and the duty of the department
to remove certain names from a list used to reconstitute the jury wheel.
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 June 9, 2000.
TRD-200004079
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §16.50
The Texas Department of Public Safety adopts an amendment
to §16.50, concerning examination requirements, without changes to the
proposed text as published in the March 17, 2000, issue of the
Texas Register
(25 TexReg 2303) and will not be republished.
The justification for this section will be greater convenience to the public
and increased efficiency in administering road tests to applicants for Commercial
Driver Licenses.
Amendment to §16.50(a) clarifies the composition and components of
the Commercial Driver License road test. Amendment to §16.50(b)(4) modifies
and clarifies disqualification standards for Commercial Driver License road
tests, and §16.50(b)(2)(F) is deleted because it is no longer applicable.
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 June 9, 2000.
TRD-200004077
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §16.72, §16.77
The Texas Department of Public Safety adopts amendments to §16.72
and §16.77, concerning Change of License Status, Renewals, Surrender
of License, Fees, without changes to the proposed text as published in the
March 17, 2000, issue of the
Texas Register
(25 TexReg 2304) and will not be republished.
The justification for the section will be to properly reconstitute a county's
jury wheel information by providing better demographic data for this purpose.
Subsection (f) is added as new language to §16.72 and §16.77
is reformatted to add new subsection (b). The new language is necessary in
order for the department to comply with House Bill 82, which requires that
applicants for a Texas driver license, personal identification certificate,
or commercial driver license provide information relating to their citizenship
and county of residence. This statute is relating to the method by which a
county reconstitutes the jury wheel and the duty of the department to remove
certain names from a list used to reconstitute the jury wheel.
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, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004081
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §16.97, §16.106
The Texas Department of Public Safety adopts an amendment
to §16.97 and new §16.106, concerning Sanctions and Disqualifications,
without changes to the proposed text as published in the March 17, 2000, issue
of the
Texas Register
(25 TexReg 2305) and
will not be republished.
The justification for the amendment and new section will be to prohibit
problem commercial motor vehicle operators from obtaining an occupational
driver license.
The Federal Highway Administration (FHWA) indicated concern on the fact
that Texas may issue an occupational driver license for the operation of a
commercial vehicle (CMV) to Commercial Driver License (CDL) holders if the
suspending offense occurs in a non-CMV. Nationwide, due to an increasing number
of CMV related fatalities and the high property damage a CMV may cause in
an accident, FHWA is urging states to reconsider the occupational driver license
issue and prohibit the issuance of an occupational driver license to CDL holders
regardless of the type of vehicle being operated at the time of suspending
offense. Therefore, amendment to §16.97 and new §16.106 prohibit
the issuance of an occupational license to operate a CMV vehicle.
No comments were received regarding adoption of the amendment and new section.
The amendment and new section 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 June 9, 2000.
TRD-200004082
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
Subchapter A. DRIVER TRAINING SCHOOL TESTING AND ISSUANCE OF INSTRUCTION PERMITS
37 TAC §18.1
The Texas Department of Public Safety adopts an amendment
to §18.1, concerning Driver Training School Testing and Issuance of Instruction
Permits, without changes to the proposed text as published in the March 17,
2000, issue of the
Texas Register
(25 TexReg
2305) and will not be republished.
The justification for the section will be clarification in the process
involved in the Parent Taught Driver Education program.
Amendment to the section adds the definition of "instructor" and renumbers
remaining paragraphs. The amendment is necessary due to the passage of House
Bill 953, 76th Texas Legislature, 1999, which added stepparent, grandparent,
and step-grandparent to the definition of instructor.
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 June 9, 2000.
TRD-200004083
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §§18.21-18.24
The Texas Department of Public Safety adopts amendments to §§18.21-18.24,
concerning Parent Taught Driver Education, without changes to the proposed
text as published in the March 17, 2000, issue of the
Texas Register
(25 TexReg 2306) and will not be republished.
The justification for the sections will be clarification in the process
involved in the Parent Taught Driver Education program.
Amendments to the sections are necessary in order to comply with House
Bill 953, passed during the 76th Texas Legislature, 1999. Amendments to the
sections change the term "parent" to "instructor," delete unnecessary language
that is specific to the completion of required forms and is already addressed
in the Parent Taught course packet, and clarifies procedures for applying
for the course. The title of the subchapter is also changed to better reflect
the content of the sections.
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, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004084
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
37 TAC §18.31, §18.32
The Texas Department of Public Safety adopts amendments to §18.31
and §18.32, concerning Department Approved Driver Education Courses,
without changes to the proposed text as published in the March 17, 2000, issue
of the
Texas Register
(25 TexReg 2308) and
will not be republished.
The justification for the sections will be clarification in the process
involved in the Parent Taught Driver Education program.
Amendment to §18.31 corrects reference to statute and deletes subsections
(d) and (e) as they are no longer applicable. Amendment to §18.32 is
necessary in order to update the name of the bureau responsible for approval
of the Parent Taught program, curriculum and materials.
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, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 9, 2000.
TRD-200004085
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 29, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 424-2135
Subchapter B. TEXAS IGNITION INTERLOCK DEVICE REGULATIONS
Subchapter K. INSCRIPTION ON VEHICLES
Chapter 15.
DRIVERS LICENSE RULES
Chapter 16.
COMMERCIAL DRIVER'S LICENSE
Subchapter C. CHANGE OF LICENSE STATUS, RENEWALS, SURRENDER OF LICENSE, FEES
Subchapter D. SANCTIONS AND DISQUALIFICATIONS
Chapter 18.
DRIVER EDUCATION
Subchapter B. PARENT TAUGHT DRIVER EDUCATION
Subchapter C. DEPARTMENT APPROVED DRIVER EDUCATION COURSES
Chapter 19.
BREATH ALCOHOL TESTING REGULATIONS