Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 6. LICENSE TO CARRY HANDGUNS

Subchapter D. TIME, PLACE, AND MANNER RESTRICTIONS ON LICENSE HOLDERS

37 TAC §6.47

(Editor's note: The text of the following section proposed for repeal will not be published. The section 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 §6.47, concerning License to Carry Handguns. The repeal of §6.47 is deemed necessary because the department now uses Penal Code, §30.06, Trespass By Holder Of License To Carry Concealed Handgun to prohibit weapons on department property. In addition, Attorney General Opinion JC-0325 held that a unit of government may not, by promulgating its own rules, bar the holder of a concealed handgun license from carrying his weapon onto property owned by that governmental unit.

Tom Haas, Chief of Finance, has determined that for each year of the first five years the repeal is in effect there will be no fiscal implications for state or local government.

Mr. Haas also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be deletion of a rule which is outdated. There is no anticipated economic effect on individuals, small businesses, or micro-businesses.

Comments on the proposal may be submitted to Valerie Fulmer, Deputy Administrator, Crime Records Service, Texas Department of Public Safety, Box 4143, Austin, Texas 78765, (512) 424-2092.

The repeal 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, §411.197, which authorizes the department to adopt rules to administer this chapter.

Texas Government Code, §411.4003 and §411.1197 are affected by this repeal

§6.47.Places Prohibited: Administrative Violation.

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 April 11, 2001.

TRD-200102091

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: May 27, 2001

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

Chapter 229. TEXAS PEACE OFFICERS' MEMORIAL ADVISORY COMMITTEE

37 TAC §229.3

The Texas Commission on Law Enforcement Officer Standards and Education (Commission) proposes an amendment to Title 37, Texas Administrative Code §229.3 concerning the specific eligibility of deceased Texas peace officers and their inclusion on the Texas Peace Officers' Memorial. The amendment proposes the elimination of some of the language in subsection (a)(3) of this section concerning reserve peace officers. This amendment also proposes a change to the effective date in subsection (b) of this section.

Dr. D.C. Jim Dozier, Executive Director of the Commission, has determined that for the first five-year period that the proposed amended section is in effect there will be no new fiscal implications for state or local government as a result of enforcing or administering the rule.

Dr. Dozier has also determined that for each year of the first-five years this section is in effect, there will be no new anticipated public benefit as a result of enforcing this rule. There will be no effect on small or micro businesses. There will be no new anticipated increase in economic cost to individuals who are required to comply with the rule as proposed.

Written comments should be submitted to Dr. D.C. Jim Dozier, Executive Director, Texas Commission on Law Enforcement Officer Standards and Education, 6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile (512) 936-7714.

The amendment is proposed under Texas Occupations Code Annotated, Chapter 1701, §1701.151 which authorizes the Commission to promulgate rules for the administration of this chapter.

The following statute is affected by this proposed rule: Texas Occupations Code Annotated, Chapter 1701, §1701.151 - General Powers.

§229.3.Specific Eligibility of Deceased Texas Peace Officers.

(a)

A deceased Texas peace officer is eligible for inclusion on the memorial if the fatal incident;

(1)

was a direct result of a line of duty, on duty incident;

(2)

was an indirect result but directly attributed to a line of duty, on duty incident;

(3)

was a direct result of a line of duty, off duty incident[ , except for reserve Texas peace officers ];

(4)

was an indirect result of but directly attributed to a lawful line of duty, off duty incident, except for reserve Texas peace officers;

(5)

was a direct result of a felonious assault on the Texas peace officer, perpetrated because of the status as a Texas peace officer regardless of duty status.

(b)

The effective date of this section shall be August [ March ] 1, 2001.

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 April 16, 2001.

TRD-200102130

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Proposed date of adoption: August 1, 2001

For further information, please call: (512) 936-7700