TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 1. ORGANIZATION AND ADMINISTRATION

Subchapter V. DEPARTMENT FLEET VEHICLE MANAGEMENT PROGRAM

37 TAC §1.271

The Texas Department of Public Safety adopts new §1.271, relating to Department Fleet Vehicle Management Program, without changes to the proposed text as published in the February 2, 2001, issue of the Texas Register (26 TexReg 1117) and will not be republished.

The justification for the new section will be greater utilization and management of the fleet vehicles operated by the department.

The new section is necessary in order for the department to adopt the State Vehicle Management Plan as adopted by the Office of Vehicle Fleet Management of the General Services Commission as mandated by Texas Government Code, Chapter 2171.

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, §2171, which directs each state agency to adopt rules implementing the plan.

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 11, 2001.

TRD-200102095

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 1, 2001

Proposal publication date: February 2, 2001

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


Chapter 15. DRIVER LICENSE RULES

Subchapter G. DENIAL OF RENEWAL OF DRIVER'S LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION

37 TAC §§15.114, 15.118 - 15.120, 15.122, 15.123

The Texas Department of Public Safety adopts amendments to §§15.114, 15.118-15.120, 15.122, and 15.123, relating to denial of renewal of driver's license for failure to appear for traffic violation, without changes to the proposed text as published in the February 2, 2001, issue of the Texas Register (26 TexReg 1117) and will not be republished.

The justification for the amendments will be consistency between Texas Transportation Code, Chapter 706 and the department's administrative rules regarding the Denial of Renewal of Driver's License For Failure To Appear For Traffic Violation.

Upon review of the department's current rules, it was determined that a conflict existed between the rules and the governing statute, Texas Transportation Code, Chapter 706. In addition, there existed a discrepancy between the current rules and the Interlocal Cooperation Contract. Amendments to the sections include the addition and deletion of language in §§15.114, 15.118, 15.122 and 15.123, the reformatting of §15.119 due to the deletion of current subsection (a) and the addition of new paragraph (5) to §15.120. The amendments to the sections are necessary to eliminate inconsistencies with the current rules.

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, which authorizes the Texas Department of Public Safety to adopt rules to implement Chapter 706 of the Texas Transportation Code.

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 11, 2001.

TRD-200102093

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 1, 2001

Proposal publication date: February 2, 2001

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


37 TAC §15.121

The Texas Department of Public Safety adopts the repeal of §15.121, 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 February 2, 2001, issue of the Texas Register (26 TexReg 1119) and will not be republished.

The justification for the repeal will be rules consistent with the governing statute.

Upon review of the department's rules, it was determined that a conflict existed between the current rule and the governing statute, Texas Transportation Code, Chapter 706. The repeal of this section will eliminate this inconsistency.

No comments were received regarding adoption of the repeal.

The 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, §706.012, which authorizes the Texas Department of Public Safety to adopt rules to implement Chapter 706 of the Texas Transportation Code.

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 11, 2001.

TRD-200102094

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 1, 2001

Proposal publication date: February 2, 2001

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


Chapter 16. COMMERCIAL DRIVERS LICENSE

Subchapter A. LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS

37 TAC §16.3

The Texas Department of Public Safety adopts an amendment to §16.3, concerning Commercial Drivers License, without changes to the proposed text as published in the February 2, 2001, issue of the Texas Register (26 TexReg 1119) and will not be republished.

The justification for this section will be to ensure that the public is aware of an additional exempt group of drivers under the commercial driver's license law.

Amendment to the section adds and deletes language in paragraph (2)(A), reformats current subparagraph (B) as subparagraph (C) and adds a new subparagraph (B). The amendment to paragraph (2)(A) is necessary to delete the reference to Texas Transportation Code, §541.201, which only allowed for drivers to be exempt when responding to emergency situations and no return trip. The amendments to this section will allow drivers to be exempt from the commercial driver's license (CDL) requirements when responding to, returning from and for training exercises with these types of vehicles.

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, §522.005.

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 11, 2001.

TRD-200102092

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 1, 2001

Proposal publication date: February 2, 2001

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


Chapter 31. STANDARDS FOR AN APPROVED MOTORCYCLE OPERATOR TRAINING COURSE

37 TAC §31.1

The Texas Department of Public Safety adopts the repeal of §31.1, relating to Standards For An Approved Motorcycle Operator Training Course, without changes to the proposed text as published in the February 2, 2001, issue of the Texas Register (26 TexReg 1120) and will not be republished.

The justification for the repeal will be current and updated definitions relating to motorcycle operator training.

Because many of the definitions were changed or deleted and new ones added, the current section is being repealed to allow for the simultaneous adoption of new §31.1 which includes new definitions that will differentiate between contracted sponsors and licensed sponsors, standard courses and instructors, and specialized courses and instructors.

No comments were received regarding adoption of the repeal.

The 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, §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 11, 2001.

TRD-200102096

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 1, 2001

Proposal publication date: February 2, 2001

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


37 TAC §§31.1 - 31.3, 31.5 - 31.10, 31.12

The Texas Department of Public Safety adopts new §31.1, new §31.12 and amendments to §§31.2, 31.3, and 31.5-31.10, without changes to the proposed text as published in the February 2, 2001, issue of the Texas Register (26 TexReg 1121) and will not be republished.

The justification for the amendments and new sections will be an upgrading of standards to ensure the public of quality motorcycle operator training and expansion of the number of motorcycle training facilities.

Section 31.1 is filed simultaneously with a proposal for repeal of current §31.1 and will allow for new definitions that differentiate between contracted sponsors and licensed sponsors, standard courses and instructors, and specialized courses and instructors.

Section 31.12 provides for administrative guidelines so the Motorcycle Safety Training Unit may license sponsors of specialized motorcycle training courses that are deemed beneficial to the public and can be offered in a safe manner. The new section further outlines the application process, the licensure terms and specifications by letter of agreement, and provides the department with reasons to reject or revoke licensure.

Amendment to §31.2 changes the title of the section to "Contracted Motorcycle Operator Training Site Sponsor" and amends subsection (a) to add the phrase "approval for a contract" in order to clarify that the subsequent requirements are for contracted training site sponsors. In addition, the word "contract" is added to specify that the subsequent requirements pertain to contracted training sites.

Amendment to §31.3 also changes the title of the section to "Standard Motorcycle Instructor" and amends subsection (c) by adding the phrase "deny or," in order to make the subsection more consistent with its reference back to a provision in §31.2 of this title (relating to Contracted Motorcycle Operator Training Site Sponsor). Further amendments to this subsection and subsection (d)(2) change the referenced titles of the sections to match the new titles that are being proposed.

The title of §31.5 is changed to "Verification of Standard Motorcycle Operator Training Course Completion." Amendments were also made to allow for the issuance of the serialized motorcycle operator training course completion cards by only those sites that are recognized by the department as conducting courses meeting or exceeding the requirements of Texas Transportation Code, §662.001(b). Amendment to subsection (a) changes the title of the MSB-8 to reflect title of the actual cards and adds that the cards are issued to students completing courses meeting those requirements listed in §31.6 of this title (relating to Approved Standard Motorcycle Operator Training Courses). Paragraphs (1) and (2) are amended to include the words "department-approved" in order to identify the students that may receive the MSB-8. Amendment to subsection (b) changes the wording from "chief school official" to "designated school official" to allow persons designated by the chief school official to sign the MSB-8's.

Section 31.7(d)(1) is changed to allow for the use of mopeds and other motorcycles with automatic transmissions in the department approved Basic Motorcycle Operator Training Course. The Motorcycle Safety Foundation provides guidelines for teaching students using these vehicles in the basic course. The Motorcycle Safety Unit currently allows their use on a case by case basis to meet the reasonable accommodation requirements of the Americans with Disabilities Act. The change simply meets the reality of current operations. Subsection (d)(2) is changed to require students who elect to use their own motorcycle in the basic motorcycle operator training course to indicate on the Motorcycle Safety Course Waiver form that they elect to use their own motorcycle and that they accept all responsibility for any damages incurred as a result of their actions. Subsection (d) is added as new language allowing the department to require that motorcycles, trikes, sidecars, etc., be in safe operating condition at the time of the particular specialized motorcycle safety course.

Section 31.8 is amended to add the phrase "a contract or a license" to apply these requirements to both types of sponsors. The addition of the phrase "approval of a standard motorcycle" applies the requirements to only the standard motorcycle instructors. Control of specialized instructors is the responsibility of specialized training licensees. The department will revoke the license if a licensee fails to solve a problem involving an unsafe or unfit instructor. The reference to 1 TAC 155.1-155.59 (relating to Rules of Procedure) is necessary to match the current manner in which hearings involving state agency decisions are conducted.

Amendment to §31.9 is necessary to match proposed title changes and corrects a grammatical error in placement of the word "coordinator."

Section 31.10 subsection (a) is amended to reflect the proposed title changes of other sections and is necessary for consistency. Subsection (d) is added as new language and allows the department some degree of quality control over specialized motorcycle operator courses and states that licensees must allow access to their facilities for this purpose.

No comments were received regarding adoption of the amendments or new sections.

The amendments and 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, §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 11, 2001.

TRD-200102097

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: May 1, 2001

Proposal publication date: February 2, 2001

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