Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter T. DISPOSITION OF FORFEITED ASSET
37 TAC §1.251
The Texas Department of Public Safety adopts new §1.251,
concerning Disposition of Forfeited Asset, without changes to the proposed
text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 58) and will not be republished.
The justification for the new section will be to ensure oversight by the
Public Safety Commission of all expenditures and other uses of a forfeited
asset by the department.
The new section promulgates the Public Safety Commission's policy and procedure
to approve the Department of Public Safety's (DPS) disposition or other use
of an asset forfeited to the department under federal or state law. The department
must obtain prior commission approval before disposing of any asset except
tangible property, such as a vehicle, firearm, or cellular telephone. The
commission delegates its authority to approve disposition of tangible property
to a major division chief if a report of the dispositions is made annually
to the commission.
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 pursuant to specific mandate and
authority of Senate Bill 370 (Acts 76th Legislature, Regular Session, Chapter
1189, codified as Government Code, §411.0131).
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 April 20, 2000.
TRD-200002812
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
Subchapter A. LICENSING REQUIREMENTS
37 TAC §15.6, §15.7
The Texas Department of Public Safety adopts amendments to §15.6
and §15.7, concerning Licensing Requirements, without changes to the
proposed text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 59) and will not be republished.
The justification for the sections will be to allow for the operation of
a motorcycle that is better suited to be driven on public streets and highways
and to clarify what the required reinstatement fee is.
Amendments to the sections include changing the cubic centimeter piston
displacement of a motorcycle that a 15 year old applicant, provided other
requirements are met, may operate from 125cc to 250cc, and changes the $50
reinstatement fee to a "statutory" reinstatement fee (currently $100). The
amendments are necessary in order for the department to comply with Senate
Bill 370 and House Bill 1492 passed during the 76th Texas Legislature, 1999.
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 April 20, 2000.
TRD-200002814
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §15.57
The Texas Department of Public Safety adopts an amendment
to §15.57, concerning Examination Requirements, without changes to the
proposed text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 60) and will not be republished.
The justification for the section will be to allow for the operation of
a motorcycle by 15-year-old applicants that is better suited to be driven
on public streets or highways.
Amendment to the section changes the cubic centimeter piston displacement
of a motorcycle that a 15-year-old applicant, provided other requirements
are met, may operate from 125cc to 250cc.
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 April 20, 2000.
TRD-200002815
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §§15.111, 15.112, 15.114, 15.116 - 15.119
The Texas Department of Public Safety adopts amendments to §§15.111,
15.114, and 15.116-15.119, concerning Denial of Renewal of Driver's License
for Failure to Appear for Traffic Violation, without changes to the proposed
text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 61) and will not be republished. Section
15.112 is changed for a grammatical correction.
The justification for the sections will be to allow for a more efficient
process of the courts to administer their failure to appear or payment of
fines programs.
Amendments to the sections add additional offenses/violations for which
a person may be denied renewal of their driver license for failure to appear
to pay a fine involving an offense within justice and municipal court jurisdictions.
The amendments are necessary in order for the department to comply with House
Bill 2802 passed during the 76th Texas Legislature, 1999.
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, §706.012.
§15.112.Authority To Enter Interlocal Contract.
A political subdivision may contract with the department to provide
information necessary for the department to deny renewal of the driver's license
of a person who has failed to appear for a complaint, citation, or court order
to pay a fine involving an offense listed in §15.111 of this title (relating
to Purpose and Scope). A contract under this section must be made in accordance
with Texas Government Code, Chapter 791. A contract made under this section
is subject to the ability of the parties to provide or pay for the services
required under the contract.
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 April 20, 2000.
TRD-200002813
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §25.18
The Texas Department of Public Safety adopts an amendment
to §25.18, concerning Reinstatement, without changes to the proposed
text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 62) and will not be republished.
The justification for the section will be clarification regarding reinstatement
fees.
Amendment to the section changes the title of the section, deletes unnecessary
language and changes the $50 reinstatement fee to "statutory" reinstatement
fee. The changes are necessary in order for the department to comply with
Senate Bill 370 passed during the 76th Texas Legislature, 1999.
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 April 20, 2000.
TRD-200002816
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §§29.1 - 29.49, 29.101 - 29.157
The Texas Department of Public Safety adopts the repeal of §§29.1
- 29.49 and §§29.101 - 29.157, concerning Practice and Procedure,
without changes as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 63).
The justification for the repeals will be the removal of obsolete or duplicative
rules which conflict with other statutory or regulatory provisions and will
allow for the adoption of new §§29.1 - 29.34 which will accurately
reflect current law and agency practices with regard to contested cases.
No comments were received regarding repeal of the sections.
The repeals 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,
643.003, and 644.003.
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 April 20, 2000.
TRD-200002806
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §§29.1 - 29.34
The Texas Department of Public Safety adopts new §§29.1
- 29.34, concerning Practice and Procedure, without changes to the proposed
text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 64) and will not be republished.
The justification for the new sections will be rules that are more streamlined
and less confusing and are necessary to accurately reflect current law and
agency practices with regard to contested cases. The new rules apply to Motor
Carrier Hearings and Vehicle Inspection Hearings that are held before the
State Office of Administrative Hearings (SOAH). The new rules further remove
unnecessary duplication of applicable SOAH rules and statutory provisions
of the Texas Administrative Procedures Act. The new rules also supplement
SOAH rules on these contested cases in order to more adequately address department-specific
issues such as manner of service, notices of hearing, and informal dispositions.
No comments were received regarding adoption of the new sections.
The new sections 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
and 644.003, which authorize the department to adopt rules to administer and
enforce programs regulating vehicle inspection stations and inspectors, and
commercial motor vehicle safety standards.
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 April 20, 2000.
TRD-200002807
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §§31.1, 31.4, 31.6, 31.9 - 31.11
The Texas Department of Public Safety adopts the amendments
to §§31.1, 31.4, 31.6, and 31.9 - 31.11, concerning Motorcycle Operator
Training Course, without changes to the proposed text as published in the
January 7, 2000, issue of the
Texas Register
(25 TexReg 69) and will not be republished.
The justification for the sections will be current and updated department
rules relating to the Motorcycle Operator Training Course.
Amendments include renaming of the unit due to a reorganization within
the department, allowing a 15 year old who presents an instructional permit
or unrestricted provisional Class C or higher driver license to take the basic
motorcycle operator training course and adds language clarifying the instructional
requirements for the basic course, as well, as providing additional grounds
for de-certification of instructors who fail to comply with the requirements.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the commission to adopt rules considered necessary for carrying
out the department's work and Texas Transportation Code, §662.009.
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 April 20, 2000.
TRD-200002808
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
37 TAC §32.2
The Texas Department of Public Safety adopts the amendment
to §32.2, concerning Bicycle Safety Curriculum, without changes to the
proposed text as published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 70) and will not be republished.
The justification for the section will be the enhancement of bicycle safety
behaviors by children and adults as a result of completing and teaching the
SuperCyclist course.
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 Health and Safety Code, Chapter
758 which provides that a licensed provider may contract with instructors
and may subsequently issue completion certificates to those students who successfully
complete the course.
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 April 20, 2000.
TRD-200002809
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 10, 2000
Proposal publication date: January 7, 2000
For further information, please call: (512) 424-2135
Chapter 15.
DRIVERS LICENSE RULES
Subchapter C. EXAMINATION REQUIREMENTS
Subchapter G. DENIAL OF RENEWAL OF DRIVER'S LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION
Chapter 25.
SAFETY RESPONSIBILITY REGULATIONS
Chapter 29.
PRACTICE AND PROCEDURE
Chapter 31.
STANDARDS FOR AN APPROVED MOTORCYCLE OPERATOR TRAINING COURSE
Chapter 32.
BICYCLE SAFETY AND EDUCATION PROGRAM
Chapter 33.
ALL-TERRAIN VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM