Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter U. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM POLICIES
37 TAC §1.261
The Texas Department of Public Safety adopts new §1.261,
concerning the Department of Public Safety's (DPS) Historically Underutilized
Business (HUB) Program, without changes to the proposed text as published
in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10667) and will not be republished.
The justification for the new section will be the good faith effort of
the department to increase purchase and contract awards to HUBs.
The new section is necessary to fulfill the requirements of Texas Government
Code, §2161.003, which requires state agencies to adopt General Services
Commission (GSC) rules for HUB purchases of goods and services paid for from
state appropriated funds.
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, §2161.003,
which requires state agencies to adopt the General Services Commission rules
governing Historically Underutilized Businesses.
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 January 17, 2001.
TRD-200100310
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
Subchapter A. GENERAL PROVISIONS
37 TAC §14.1
The Texas Department of Public Safety adopts amendments to §14.1,
concerning school bus transportation, without changes to the proposed text
as published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10667) and will not be republished.
The justification for this section will be the employment of eligible school
bus drivers and uniformity of forms used to determine eligibility and administrate
the School Bus Driver Safety Training Program.
Amendments to the section add new Figure 8: 37 TAC §14.1(8), Specifications
For Text Upload File for DPS Bus Driver Database. New Figure 8 includes instructions
for the Regional Service Centers to electronically submit their data of Driver
Enrollments, Driver Certifications, and Instructor Certifications. New Figure
8 is necessary because the staffing in the School Bus Driving Division is
not sufficient enough to maintain the entry of 50,000 records per year. Since
all Regional Service Centers already enter the required information into a
computer system, the DPS established a way for the Regional Service Centers
to download their information. The DPS School Bus Division then uploads that
information into its computers. This will enable the School Bus Division to
generate reports showing the number of certified drivers, enrolled drivers,
or the number of certified trainers. This type of information would then be
available by state, county, or school district.
Figure 1: 37 TAC §14.1(1), Medical Examination Report for School Bus
Drivers is amended to include changes to the list of those persons who may
conduct medical and vision examinations made as a result of a change in Texas
Transportation Code, §521.022(c).
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; Texas Transportation Code, §521.022,
which requires the Texas Department of Public Safety to adopt rules and procedures
necessary for determining school bus driver employment eligibility and School
Bus Driver Safety Training Program requirements; and Texas Transportation
Code, §521.005, which authorizes the Department to adopt rules necessary
to administer Chapter 521 of the Transportation Code, (Driver's License and
Personal Identification Cards).
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 January 17, 2001.
TRD-200100311
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
37 TAC §14.12
The Texas Department of Public Safety adopts amendments to §14.12,
concerning school bus driver eligibility and application procedures, without
changes to the proposed text as published in the October 27, 2000, issue of
the
Texas Register
(25 TexReg 10668) and will
not be republished.
The justification for the section will be the employment and training of
eligible school bus drivers and uniformity of forms used to determine eligibility.
Subsection (a) is amended to include language stating the Medical Examination
Report for School Bus Drivers should be dated for the current school year.
With the current school year at the top of each Medical Examination Report
the school district will know they have a current form. Language in subsection
(c)(2) is amended to include a current list of those persons who may conduct
medical and vision examinations and is necessary to conform to the recently
amended Texas Transportation Code, §521.022(c).
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; Texas Transportation Code, §521.022,
which requires the Texas Department of Public Safety to adopt rules and procedures
necessary for determining school bus driver employment eligibility and School
Bus Driver Safety Training Program requirements; and Texas Transportation
Code, §521.005, which authorizes the department to adopt rules necessary
to administer Chapter 521 of the Transportation Code (Driver's Licenses and
Personal Identification Cards).
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 January 17, 2001.
TRD-200100312
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
37 TAC §§14.32 - 14.35
The Texas Department of Public Safety adopts amendments to §§14.32-14.35,
concerning school bus driver safety training program, without changes to the
proposed text as published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10670) and will not be republished.
The justification for the sections will be the employment of eligible school
bus drivers and uniformity of forms used to determine eligibility and administrate
the School Bus Driver Safety Training Program.
Amendments to §14.32(1) reflect the new twenty-hour certification
course curriculum as developed by Southwest Texas Quality Institute in cooperation
with the department through a 1999 Texas Department of Transportation grant.
The new twenty-hour course material replaced a Texas Education Agency curriculum
last modified in 1993. In addition, it changes the chapter titles to match
the new course curriculum. §14.32(2) is being amended to reflect the
correct unit numbers from the current Course Guide for School Bus Driver Training
in Texas. That way the rules are consistent with the current Course Guide. §14.32(3)
has been amended to include an 80% score for an open book test. In December
of 1999, the Texas DPS School Bus Unit had a meeting which was represented
by the school bus coordinators for the twenty Education Service Centers. The
coordinators recommended changing the passing grade from 70% to 80% when the
exam is open book. The original 70% passing grade was based on a closed book
exam.
Amendment to §14.33(c) states that verification information to the
department must be submitted electronically as required in 37 TAC §14.1(8)
of this title (relating to Appendix). Subsection (d) is amended to indicate
that each instructor must teach one certification and one re-certification
course each year in order to maintain instructor certification status. The
eight-hour re-certification was developed in 1998 which gave the Department
two different courses for school bus driver instruction. This change is necessary
to keep instructors familiar with both courses by requiring them to teach
each course once a year.
Amendment to §14.34(a) adds the word "electronically" and changes
Figure 5: §14.1(5) to Figure 8: §14.1(8). The change is necessary
because verification of driver certification can no longer be accepted on
paper and must now be submitted electronically as indicated by Figure 8: 37
TAC §14.1(8).
Amendment to §14.35(a)(6) adds language clarifying the knowledge and
training requirements a school district or contractor should give a new school
bus driver before allowing him/her to drive a school bus with an enrollment
certificate. It also amends chapter numbers to match the new twenty-hour course
curriculum. Amendment to (b)(2) adds and deletes language to indicate a new
driver should receive the safety training as soon as possible. This would
ensure drivers driving on an enrollment certificate receive the benefit of
the safety education that is provided in the certification program by not
allowing them to drive any longer than necessary prior to taking the course.
Paragraph (b)(4) is amended to add the word "safety" for consistency in wording.
Paragraph (b)(5) adds the word "electronically" and changes Figure 5: §14.1(5)
to Figure 8: §14.1(8), in order to reflect the change in the reporting
of information to the department in electronic form.
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; Texas Transportation Code, §521.022,
which requires the Texas Department of Public Safety to adopt rules and procedures
necessary for determining school bus driver employment eligibility and School
Bus Driver Safety Training Program requirements; and Texas Transportation
Code, §521.005, which authorizes the department to adopt rules necessary
to administer Chapter 521 of the Transportation Code (Driver's Licenses and
Personal Identification Cards).
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 January 17, 2001.
TRD-200100313
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
Subchapter D. DRIVER IMPROVEMENT
37 TAC §§15.81 - 15.83
The Texas Department of Public Safety adopts the repeal of §§15.81-15.83,
concerning Driver Improvement, without changes to the proposed text as published
in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10673) and will not be republished.
The justification for the repeals will be clarification of department policy
regarding Driver Improvement.
Section 15.81 is repealed due to substantial changes being made in accordance
with House Bill 3641, 76th Texas Legislature. Sections 15.82 and 15.83 are
renumbered in order to be reorganized with new §§15.81-15.87. There
are no changes to the substance of §15.82 and §15.83. The repeals
are being adopted simultaneously with the adoption of new §§15.81-15.87
which outline the department's administrative hearing process concerning driver
license suspensions, revocations, disqualifications, and cancellations.
No comments were received regarding adoption of the repeals.
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, §521.005,
which gives the Texas Department of Public Safety the authority to adopt rules
necessary to implement Chapter 521 of the 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 January 17, 2001.
TRD-200100314
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
37 TAC §§15.81 - 15.87
The Texas Department of Public Safety adopts new §§15.81-15.87,
concerning driver improvement. Section 15.81 is adopted with changes to the
proposed text as published in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10673). Sections 15.82-15.87 are adopted
without changes and will not be republished.
The justification for the new sections will be more efficient processing
of administrative hearings.
The new sections promulgate the department's administrative hearing process
concerning driver license suspensions, revocations, disqualifications, and
cancellations and are necessary in order for the department to comply with
House Bill 3641, 76th Texas Legislature. The new sections further outline
procedural requirements for the new administrative hearing process, give information
on how and where to request the administrative hearing and information on
the department's measures of notification. The time periods and notification
requirements referenced in these rules are established by statute.
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, §521.005;
Texas Transportation Code, §521.291, which requires the department to
adopt rules for the administration of Subchapter N regarding License Denial,
Suspensions, or Revocations, and Texas Transportation Code, §522.005,
which gives the Department of Public Safety the authority to adopt rules necessary
to administer Chapter 522 of the Texas Transportation Code.
§15.81.Definition of terms.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Address of record--refers to the address established as
the licensee's residence address that is on record with the Department.
(2)
Hearing location--will be determined by the address of
record at the time the notice of suspension is sent. However, if the licensee
denotes a new address on the request for hearing that address will be used
for setting the hearing.
(3)
Mailing address--an official address provided by the licensee
through application for an original, renewal or duplicate license.
(4)
Moving violation--any act committed in connection with
the operation of a motor vehicle on a public street or highway, which constitutes
a hazard to traffic and is prohibited by state law or city ordinance. Does
not include violations exempt by statute.
(5)
Reexamination of drivers--will normally consist of a comprehensive
review of the required examinations including the vision, rules and signs
tests, and a driving demonstration. The driving demonstration is to determine
if restrictions or limitations should be imposed, and may be more intensive
than a routine driving test. Guidelines for requiring the reexamination include:
(A)
minimum of six entries (convictions for moving violations
and accidents where negligence is indicated) in a two-year period with a minimum
of 3 entries within the 12 month period proceeding the examination request;
(B)
determined by a driver improvement analyst following a
review of two or more accidents within a 12-month period in which the licensee
was at fault;
(C)
recommendation by proper medical authority following a
professional evaluation of the medical facts; or
(D)
recommendation by an experienced field representative of
the department or any law enforcement agency following a thorough investigation
showing clear and convincing evidence that such examination is reasonable
and necessary.
(6)
Reliable report--refers to any report that can be verified
or substantiated.
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 January 17, 2001.
TRD-200100315
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
37 TAC §21.1
The Texas Department of Public Safety adopts amendments to §21.1,
concerning vehicle equipment, without changes to the proposed text as published
in the October 27, 2000, issue of the
Texas Register
(25 TexReg 10675) and will not be republish.
The justification for the section will be a clearer interpretation and
understanding of the exemptions associated with sun screening devices and
safety guards or flaps.
Amendment to §21.1(b)(6) provides the public with the proper address
for submission of applications for exemption from the sun screening device
requirements of this section. Applications are currently referred to this
address but often after being sent to other offices, which delays the procedure.
Amendment further adds new (b)(8)(D), which provides that law enforcement
vehicles are exempted from the sun screening device requirements of this section
and will track Texas Transportation Code, §547.613(b)(15). Amendment
to (c)(1) clarifies vehicles already exempted from the safety guard or flap
requirements of this section.
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, §547.101.
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 January 17, 2001.
TRD-200100319
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
37 TAC §23.93
The Texas Department of Public Safety adopts amendments to §23.93
concerning vehicle emissions inspection requirements, with changes to the
proposed text as published in the September 15, 2000, issue of the
Texas Register
(25 TexReg 9196). The change in subsection (b)(3) is
to correct a typographical error. The change in subsection (e)(1)(B)(v) is
to clarify that labor costs can not be considered in qualified emissions-related
repairs for all vehicles unless performed at a Recognized Emissions Repair
Facility of Texas. The corrected text will be republished in this order.
The justification for the section will be improved air quality by the reduction
of emissions of hydrocarbons, carbon monoxide, and other pollutants from mobile
sources in the additional counties.
The amendments are needed in order to enforce the Vehicle Emissions Inspection
and Maintenance Program as modified by the adoption of amendments to 30 Texas
Administrative Code, §114.52, by the Texas Natural Resource Conservation
Commission.
The amendments update definitions of designated counties, loaded mode testing
to include Acceleration Simulation Mode 2, and On-Board Diagnostics. The amendments
delete past time-dated events and clarify text to show current program requirements.
The amendments change the Minimum Expenditure Amount for all program areas
to $450.00. The amendments add Denton and Collin counties to designated counties
on May 1, 2002; and Ellis, Johnson, Kaufman, Parker, and Rockwall counties
on May 1, 2003.
The department received one written comment from Dr. Donald H. Stedman,
Chemistry Department, University of Denver, Denver, Colorado. The commentator
made several different points which are presented separately below, followed
by the department's response to each point.
COMMENT: New I/M programs should have evaluation built into the planning
at the outset and the rule does not contain an evaluation plan.
RESPONSE: The department agrees with the need for an evaluation plan, however
evaluation of the success of the Inspection and Maintenance Program is outside
the scope of the rule. The purpose of the rule is to establish which vehicles
are to be tested and how they are to be tested. The evaluation of how well
the I/M program meets the requirements of the State's Implementation Program
is under the purview of the Texas Natural Resource Conservation Commission.
The evaluation of how well emissions inspections are performed is an enforcement
function of the Department of Public Safety and is addressed in the department's
enforcement procedures and the State Implementation Plan (SIP). Therefore,
no change was made to the rule based on this comment.
COMMENT: Recommendation for a "SMART SIGN" public information program to
get public support.
RESPONSE: The scope of this rule is mandatory station based vehicle emissions
testing and does not include remote sensing. The "Smart Sign" is a remote
sensing device, which immediately alerts drivers regarding the emissions reading
(good, fair, and poor) for their vehicles for voluntary compliance. The department
agrees with the thrust of this comment and uses a different remote sensing
program to notify registered owners of high emitting vehicles by mail. The
"Smart Sign" provides an excellent public information tool regarding potential
performance of a vehicle and emissions may be considered as a program element
pending available funding. No change was made to the rule based on this comment.
COMMENT: The 0.1% on-road measurement requirement in federal Clean Air
Act and EPA regulations is absent from the rule.
RESPONSE: The scope of this rule is mandatory station based vehicle emissions
testing and does not address the on-road testing requirement, however, in
accordance with 49 CFR §51.371 (the lesser of 0.5% of subject fleet or
20,000 vehicle), Transportation Code §548.306 and the State Implementation
Plan, the department conducts on-road testing using remote sensing technology
to meet this requirement. Therefore, no change was made to the rule based
on this comment.
COMMENT: Dr. Stedman states he has "never seen believable data showing
NO
x
reduction from any I/M program, most show
small INCREASE".
RESPONSE: The scope of this rule is mandatory station based vehicle emissions
testing requirements and the comment is outside the scope of this rule. No
change was made to the rule based on this comment.
COMMENT: An aggressive mechanic training is certainly going to be needed
for a successful program especially if any NO
x
reductions are desired.
RESPONSE: The department agrees with this comment and the rule requires
that Recognized Repair Technicians be certified under tests offered by the
National Institute of Automotive Service Excellence as A1, A6, A8, and L1.
These are the highest mechanic certifications available. Additional specific
repair training related to NO
x
will be a program
component, however, this element of the program is still in the planning stage
and will most probably not require a department rule. No change was made to
the rule based on this comment.
COMMENT: Dr. Stedman comments that "OBDII as specified by EPA will get
zero MOBILE5 and lots of credits in the MOBILE6 model, however the credits
are a figment of EPA's imagination and will not actually happen in the real
world in which we live and breathe."
RESPONSE: While On-board Diagnostic (OBDII) testing under this rule is
part of the mandatory station based vehicle emissions testing regime for 1996
and above model year vehicles, this comment is beyond the scope of this rule
which does not address emission credits under the EPA models. The department,
however, believes OBDII will receive full credit as indicated in the EPA draft
guidance released in September 2000. Therefore, no change was made to the
rule based on this comment.
COMMENT: Requiring scheduled I/M (emission inspection) on zero to six year
old cars except fleets or the few high-mileage on-road gross emitters found
by remote sensing is not a bit cost effective.
RESPONSE: The department agrees, to an extent, and the rule exempts zero
to two year-old vehicles from emissions testing since on-board diagnostic
emission components virtually insures emission compliance. The department
can not agree in the lack of cost effectiveness comment of emissions testing
vehicles three to six years old. First, on-board diagnostics (OBDII) are only
available on 1996 and newer vehicles. Exempting six year-old vehicles would
exempt OBD and some non-OBD vehicles from emissions testing. Second, requiring
inspection assures that the OBD systems are still functioning correctly. Third,
in the State Implementation Plan submitted by the state to the Environmental
Protection Agency, the department is obligated to conducting emissions testing
on these vehicles. Fourth, criteria established by the Environmental Protection
Agency requires vehicle emission test data to project emission reductions
and that data is obtained by station based vehicle emissions testing. Finally,
the department believes the maintenance obtained from OBDII testing is very
cost effective in obtaining current and future emissions reductions. Therefore,
no change was made to the rule based on this comment.
COMMENT: On-road remote sensing, clean screening, gross polluter detection,
etc., can provide for a system in which fewer dynamometers are needed and
which might also be able to motivate owners to do preventative maintenance
year round, not just at test time.
RESPONSE: The department agrees with the comment. The department plans
to use such elements in the overall program, however this is outside the scope
of this rule. Therefore, no change was made to the rule based on this comment.
The amendment is adopted under 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, §548.301,
which authorizes the Commission to adopt rules establishing a motor vehicle
emission inspection and maintenance program.
§23.93.Vehicle Emissions Inspection Requirements.
(a)
General. The rules of the Texas Department of Public Safety
set out herein are to maintain compliance with the Texas Clean Air Act. The
department is authorized to establish and implement a vehicle emissions testing
program that is a part of the annual vehicle safety inspection program, in
accordance with the Health and Safety Code, Chapter 382 and rules adopted
thereunder.
(b)
Terms and/or Definitions. Unless specifically defined in
the Texas Clean Air Act (TCAA) or in the rules of the Texas Department of
Public Safety (DPS), the terms used by the DPS have the meanings commonly
ascribed to them in the fields of air pollution control and vehicle inspection.
In addition to the terms which are defined by the TCAA, the following words
and terms, when used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Adjusted annually--refers to the percentage, if any, by
which the Consumer Price Index (CPI) for the preceding calendar year differs
(as of August 31) from the CPI for 1989; adjustments shall be effective on
January 1 of each year.
(2)
Department--refers to the Texas Department of Public Safety.
(3)
Designated Counties--refers to:
(A)
Dallas, Tarrant, Harris, and El Paso counties;
(B)
Dallas, Tarrant, Denton, Collin, Harris, and El Paso counties,
effective May 1, 2002 through April 31, 2003; and
(C)
Dallas, Tarrant, Denton, Collin, Ellis, Johnson, Kaufman,
Parker, Rockwall, Harris and El Paso counties effective May 1, 2003 and thereafter.
(4)
Designated Vehicles--refers to all motor vehicles, as defined
in the Texas Transportation Code, §541.201, unless otherwise exempted
or excepted, that are:
(A)
capable of being powered by gasoline;
(B)
from two years old to and including 24 years old; and
(C)
registered in or required to be registered in and primarily
operated in a designated county.
(5)
Director--refers to the director of the Texas Department
of Public Safety or the designee of the director.
(6)
Emissions control component--refers to a device designed
to control or reduce the emissions of substances from a motor vehicle or motor
vehicle engine installed on or incorporated in a motor vehicle or motor vehicle
engine in compliance with requirements imposed by the Motor Vehicle Air Pollution
Control Act (42 United States Code, §1857 et seq) or other applicable
law. This term shall include, but not be limited to the following components:
air injection system (AIS); catalytic converter; coil; distributor; evaporative
canister; exhaust gas recirculation (EGR) valve; fuel filler cap/gas cap;
ignition wires; oxygen sensor; positive crank case ventilation (PCV) valve;
spark plugs; thermal reactor/thermostatic air cleaner; and hoses, gaskets,
belts, clamps, brackets, filters or other accessories and maintenance items
related to these emissions control components and systems.
(7)
Emissions tune-up--refers to a basic tune-up along with
functional checks and any necessary replacement or repair of emissions control
components.
(8)
EPA--refers to the United States Environmental Protection
Agency; the federal agency that monitors and protects air and water resources.
(9)
Exempt vehicles--refers to vehicles otherwise considered
"designated vehicles" that are:
(A)
antique vehicles, as defined by Texas Transportation Code, §502.275;
(B)
slow-moving vehicles, as defined by Texas Transportation
Code, §547.001; or
(C)
motorcycles, as defined by Texas Transportation Code, §502.001.
(10)
I/M--refers to Inspection and Maintenance.
(11)
Inspection station--refers to an inspection station/facility
as defined in the Texas Transportation Code, §548.001.
(12)
Inspector--refers to an inspector as defined in the Texas
Transportation Code, §548.001.
(13)
Loaded mode I/M test-- Loaded mode I/M test equipment
specifications shall meet EPA requirements for Acceleration Simulation Modes
equipment. The Acceleration Simulation Mode (ASM-2) test is an emissions test
using a dynamometer (a set of rollers on which a test vehicle's test vehicle's
tires rest) which applies an increasing load or resistance to the drive train
of a vehicle, thereby simulating actual tailpipe emissions of a vehicle as
it is moving and accelerating. The ASM-2 vehicle emissions test is comprised
of two phases:
(A)
the 50/15 mode--in which the vehicle is tested on the dynamometer
simulating the use of 50% of the vehicle available horsepower to accelerate
at a rate of 3.3 miles per hour (mph) per second at a constant speed of 15
mph; and
(B)
the 25/25 mode--in which the vehicle is tested on the dynamometer
simulating the use of 25% of the vehicle available horsepower to accelerate
at a rate of 3.3 mph per second at a constant speed of 25 mph.
(14)
Motorist--refers to a person or other entity responsible
for the inspection, repair, maintenance or operation of a motor vehicle, which
may include, but is not limited to, owners or lessees.
(15)
Non-attainment area--refers to any portion of an air quality
control region where any pollutant exceeds the National Ambient Air Quality
Standards (NAAQS) for the pollutant as designated pursuant to the Federal
Clean Air Act (FCAA).
(16)
Out-of-cycle test--refers to an emissions test not associated
with the annual vehicle safety inspection testing cycle.
(17)
OBD (On-board diagnostic system)--Computer system installed
in a 1996 and newer vehicles by the manufacturer which monitors the performance
of the vehicle emissions control equipment, fuel metering system, and ignition
system for the purpose of detecting malfunction or deterioration in performance
that would be expected to cause the vehicle not to meet emissions standards.
(18)
Person--refers to a human being, a partnership or a corporation
that is recognized by law as the subject of rights and duties.
(19)
Primarily operated in--refers to the use of a motor vehicle
greater than 60 days per calendar year in designated counties. It is presumed
that a vehicle is primarily operated in the county in which it is registered;
the burden is on the motorist to overcome this presumption by a preponderance
of the evidence.
(20)
Program area--refers to county or counties in which the
Texas Department of Public Safety administers the vehicle emissions inspection
and maintenance program contained in the revised Texas Inspection and Maintenance
(I/M) State Implementation Plan. These program areas include:
(A)
Dallas/Fort Worth (DFW) program area which consists of
the following counties: Dallas and Tarrant counties. Effective May 1, 2002,
this program area will consist of Dallas, Denton, Colin, and Tarrant counties;
(B)
El Paso program area which consists of El Paso County;
(C)
Houston/Galveston program area which consists of Brazoria,
Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties;
and
(D)
Extended DFW (EDFW) program area which consists of Ellis,
Johnson, Kaufman, Parker, and Rockwall Counties. These counties will become
part of the program area as of May 1, 2003.
(21)
Re-test--refers to a successive vehicle emissions inspection
following the failure of an initial emissions test by a vehicle.
(22)
Revised Texas I/M SIP--refers to the most current Texas
Inspection and Maintenance State Implementation Plan.
(23)
Safety inspection--refers to a compulsory vehicle inspection
performed as required by Texas Transportation Code, Chapter 548, by an official
inspection station issued a certificate of appointment by the department.
(24)
Safety inspection certificate--refers to an inspection
certificate issued under Texas Transportation Code, Chapter 548, after a safety
inspection as defined herein.
(25)
Tampering-related repairs--refers to repairs to correct
tampering modifications, including but not limited to engine modifications,
emissions system modifications, or fuel-type modifications disapproved by
the TNRCC or the EPA.
(26)
Testing cycle--refers to an annual cycle for which a motor
vehicle is subject to a vehicle emissions inspection.
(27)
Test-only facilities--refers to inspection stations certified
to do emissions testing that are not engaged in repairing, replacing and/or
maintaining emissions control components of vehicles. Acceptable repairs in
test-only facilities shall be oil changes, air filter changes, repairs and/or
maintenance of non-emissions control components, and the sale of auto convenience
items.
(28)
Test-and-repair facilities--refers to inspection stations
certified to do emissions testing that engage in repairing, replacing and/or
maintaining emissions control components of vehicles.
(29)
TNRCC--refers to the Texas Natural Resource Conservation
Commission.
(30)
Two years old--refers to a vehicle upon the expiration
of the initial two-year inspection certificate or any time the vehicle is
presented for inspection or required to be inspected during the year when
the vehicle model year is two years less than the current calendar year (current
calendar year minus two years), whichever comes first.
(31)
Twenty-four years old--refers to a vehicle when the vehicle
model year is 24 years less than the current calendar year (current calendar
year minus 24 years).
(32)
Uncommon part--refers to a part that takes more than 30
days for expected delivery and installation.
(33)
VIR--refers to the Vehicle Inspection Report.
(34)
VRF--refers to the Vehicle Repair Form.
(c)
Applicability. The requirements of this section and those
contained in the Revised Texas I/M SIP shall be applied to motorists, vehicles,
vehicle inspection stations and inspectors certified by the department to
inspect vehicles, and to Recognized Emissions Repair Facilities of Texas and
Recognized Emissions Repair Technicians of Texas, as defined herein.
(d)
Control requirements.
(1)
In designated counties, in order to be certified by the
department as a vehicle inspection station, the vehicle inspection station
must be certified by the department to do vehicle emissions testing. This
provision does not apply to vehicle inspection stations certified by the department
as vehicle inspection stations endorsed only to issue one or more of the following
inspection certificates: trailer certificates, motorcycle certificates, commercial
windshield certificates, commercial trailer certificates.
(2)
In designated counties, only department certified inspection
stations that are certified by the department to do emissions testing may
perform the annual vehicle safety inspection on designated vehicles.
(3)
An inspection station in a county not "designated" as a
designated county herein shall not inspect a vehicle that is capable of being
powered by gasoline, from two years old to and including twenty-four years
old and registered in a designated county unless the inspection station is
certified by the department to do emissions testing, or unless the motorist
presenting the vehicle signs an affidavit on a form provided by the department
stating one of the following: (The affidavit will be held by the inspection
station for collection by the department.)
(A)
the vehicle is not a designated vehicle;
(B)
the vehicle no longer qualifies as a designated vehicle;
or
(C)
the vehicle will not return to a designated county prior
to the expiration of the current inspection certificate however immediately
upon return to a designated county the vehicle will be reinspected at an inspection
station certified to do vehicle emissions testing.
(4)
All designated vehicles must be emissions tested at the
time of and as a part of the designated vehicle's annual vehicle safety inspection
at a DPS certified inspection station that is certified to do vehicle emissions
testing. The exceptions to this provision are for:
(A)
commercial motor vehicles as defined by the Texas Transportation
Code, §548.001, that meet the definition of "designated vehicle" as defined
herein. Said "designated" commercial motor vehicles must be emissions tested
at a DPS certified inspection station that is certified to do vehicle emissions
testing and must have a unique emissions test-only inspection certificate,
as authorized by Texas Transportation Code, §548.251, affixed to the
lower left-hand corner of the windshield of the vehicle, immediately above
the registration sticker, prior to receiving a commercial motor vehicle safety
inspection certificate pursuant to Texas Transportation Code, Chapter 548.
The unique emissions test-only inspection certificate must be issued within
15 calendar days of the issuance of the commercial motor vehicle safety inspection
certificate. The unique emissions test-only inspection certificate will expire
at the same time the newly issued commercial motor vehicle safety inspection
certificate expires; and
(B)
vehicles presented for inspection by motorists in counties
not designated herein that meet the requirements of paragraph (3)(C) of this
subsection.
(5)
Any vehicle not listed as an exempt vehicle that is capable
of being powered by gasoline, from two years old to and including 24 years
old, presented for the annual vehicle safety inspection in designated counties
will be presumed to be a designated vehicle and will be emissions tested as
a part of the annual vehicle safety inspection.
(6)
Vehicles registered in designated counties will be identified
by a distinguishing validation registration sticker as determined by the Texas
Department of Transportation.
(7)
Vehicles inspected under the vehicle emissions testing
program and found to meet the requirements of the program in addition to all
other vehicle safety inspection requirements will be passed by the certified
inspector, who will thereafter affix to the windshield a unique emissions
inspection certificate pursuant to Texas Transportation Code, §548.251.
The only valid inspection certificate for designated vehicles shall be a unique
emissions inspection certificate issued by the department, unless otherwise
provided herein.
(8)
The department shall perform challenge tests to provide
for the reinspection of a motor vehicle at the option of the owner of the
vehicle as a quality control measure of the emissions testing program. A motorist
whose vehicle has failed an emissions test may request a free challenge test
through the department within 15 calendar days, not including the date of
the emissions test being challenged or questioned.
(9)
Federal and State governmental or quasi-governmental agency
vehicles that are primarily operated in designated counties that fall outside
the normal registration or inspection process shall be required to comply
with all vehicle emissions I/M requirements contained in the Texas I/M SIP.
(10)
Any motorist in a designated county whose designated vehicle
has been issued an emissions-related recall notice shall furnish proof of
compliance with the recall notice prior to having their vehicle emissions
tested the next testing cycle. As proof of compliance, the motorist may present
a written statement from the dealership or leasing agency indicating the emissions
repairs have been completed.
(11)
Inspection certificates issued prior to the effective
date of this section shall be valid and shall remain in effect until the expiration
date thereof.
(12)
A unique emissions test-only inspection certificate expires
at the same time the annual vehicle safety inspection certificate it relates
to expires.
(13)
The department will perform quarterly gas audits on all
vehicle exhaust gas analyzers used to perform vehicle emissions tests. If
a vehicle exhaust gas analyzer fails the calibration process during the gas
audit, the department shall cause the appropriate inspection station to cease
vehicle emissions testing with the failing exhaust gas analyzer until all
necessary corrections are made and the vehicle exhaust gas analyzer passes
the calibration process.
(14)
Pursuant to the Revised Texas I/M SIP, the department
shall administer and monitor a follow-up loaded mode I/M test on at least
0.1% of the vehicles subject to vehicle emissions testing in a given year
to evaluate the mass emissions test data as required in 40 CFR 51.353(c)(3).
A contractor(s) may be used to assist in collecting, reviewing and evaluating
program data.
(e)
Waivers and extensions. Under this section, the department
may issue an emissions testing waiver or time extension to any vehicle that
passes all requirements of the standard safety inspection portion of the annual
vehicle safety inspection and meets the established criteria for a particular
waiver or time extension. An emissions testing waiver or a time extension
defers the need for full compliance with vehicle emissions standards of the
vehicle emissions I/M program for a specified period of time after a vehicle
fails an emissions test. Applications for emissions testing waivers and time
extensions shall be accepted by the department. There are four types of emissions
testing waivers and time extensions: Minimum Expenditure Waiver; Individual
Vehicle Waiver; Parts Availability Time Extension; and Low-Income Time Extension.
The motorist may apply once each testing cycle for the Minimum Expenditure
Waiver, Individual Vehicle Waiver, and Parts Availability Time Extension.
The motorist may apply every other testing cycle for the Low-Income Time Extension.
(1)
Minimum Expenditure Waiver.
(A)
Eligibility. A vehicle may be eligible for a Minimum Expenditure
Waiver provided that it has:
(i)
failed both its initial emissions inspection and re-test;
and
(ii)
incurred qualified emissions-related repairs, as defined
herein, whose cost is equal to or are in excess of the minimum expenditure
amounts, as defined herein for the county in which the vehicle is registered.
(B)
Qualified Emissions-Related Repairs. Qualified emissions-related
repairs are those repairs to emissions control components, including diagnosis,
parts and labor, that count toward a minimum expenditure waiver. In order
to be considered qualified emissions-related repairs, the repair(s):
(i)
must be directly applicable to the cause for the emissions
test failure;
(ii)
must be performed after the initial emissions test or
have been performed within 60 days prior to the initial emissions test;
(iii)
must not be tampering-related repairs, as defined herein;
(iv)
must not be covered by any available warranty coverage
unless the warranty remedy has been denied in writing by the manufacturer
or authorized dealer; and
(v)
must be performed by a Recognized Emissions Repair Technician
of Texas at a Recognized Emissions Repair Facility of Texas in order to include
the labor cost and/or diagnostic costs. When repairs are not performed by
a Recognized Emissions Repair Technician of Texas at a Recognized Emissions
Repair Facility of Texas, only the purchase price of parts, applicable to
the emissions test failure, qualify as a repair expenditure for the minimum
expenditure waiver.
(C)
Minimum expenditure amounts. The minimum expenditure waiver
in any program area shall be at least $450 or that amount adjusted by the
Consumer Price Index.
(D)
Validity. A Minimum Expenditure Waiver shall be valid through
the end of the twelfth month from the date of issuance.
(E)
Conditions. The following conditions must be met in order
to receive a Minimum Expenditure Waiver:
(i)
the vehicle must pass a visual inspection performed by
a department representative to insure that the emissions repairs being claimed
have actually been performed;
(ii)
the diagnosis, parts and labor receipts for the qualified
emissions-related repairs must be presented to the department and support
that the emissions repairs being claimed have actually been performed; and
(iii)
the valid re-test Vehicle Inspection Report (VIR) and
valid Vehicle Repair Form (VRF) for the applicant vehicle must be presented
to the department. If labor and/or diagnostic charges are being claimed towards
the minimum expenditure amount, the VRF shall be completed by a Recognized
Emissions Repair Technician of Texas.
(2)
Low-Income Time Extension. A Low-Income Time Extension
may be granted in accordance with the following conditions:
(A)
The applicant must supply to the department proof in writing
that:
(i)
the vehicle failed the initial emissions inspection test;
proof shall be in the form of the original failed VIR;
(ii)
the vehicle has not been granted a Low-Income Time Extension
in the previous testing cycle;
(iii)
the applicant is the owner of the vehicle that is the
subject of the Low-Income Time Extension; and
(iv)
the applicant receives financial assistance from the Texas
Department of Human Services due to indigence (subject to approval by the
director) or the applicant's adjusted gross income (if the applicant is married,
the applicant's adjusted gross income is equal to the applicant's adjusted
gross income plus the applicant's spouse's adjusted gross income) is at or
below the current federal poverty level as published by the United States
Department of Health and Human Services, Office of the Secretary, in the Federal
Register; proof shall be in the form of a federal income tax return or other
documentation authorized by the director that the applicant certifies as true
and correct.
(B)
After a vehicle receives an initial Low-Income Time Extension,
the vehicle must pass an emissions test prior to receiving another Low-Income
Time Extension.
(3)
Parts Availability Time Extension. A Parts Availability
Time Extension may be granted in accordance with the following conditions:
(A)
The applicant must demonstrate to the department:
(i)
reasonable attempts were made to locate necessary emissions
control parts by retail or wholesale parts suppliers; and
(ii)
emissions-related repairs cannot be completed before the
expiration of the safety inspection certificate or before the 30-day period
following an out-of-cycle inspection because the repairs require an uncommon
part, as defined herein.
(B)
The applicant shall provide to the department:
(i)
an original VIR indicating the vehicle failed the emissions
test;
(ii)
an invoice, receipt, or original itemized document indicating
the uncommon part(s) ordered by: name; description; catalog number; order
number; source of part(s), including name, address and phone number of parts
distributor; and expected delivery and installation date(s). The original
itemized document must be prepared by a Recognized Emissions Repair Technician
of Texas before a Parts Availability Time Extension can be issued.
(C)
A Parts Availability Time Extension is not allowed for
tampering-related repairs, as defined herein.
(D)
If the vehicle does not pass an emissions re-test prior
to the expiration of the Parts Availability Time Extension, the applicant
must provide to the department, adequate documentation that one of the following
conditions exists:
(i)
the motorist qualifies for a Minimum Expenditure Waiver,
Low-Income Time Extension or Individual Vehicle Waiver; or
(ii)
the motor vehicle will no longer be operated in the program
area, as defined herein.
(E)
A vehicle that receives a Parts Availability Time Extension
in one testing cycle must have the vehicle repaired and re-tested prior to
the expiration of such extension or must qualify for another type of waiver
or time extension, in order to be eligible for a Parts Availability Time Extension
in the subsequent testing cycle.
(F)
The length of a Parts Availability Time Extension shall
depend upon expected delivery and installation date(s) of the uncommon part(s)
as determined by the department representative on a case by case basis. Parts
Availability Time Extensions will be issued for either 30, 60 or 90 days.
(G)
The department shall issue a unique time extension sticker
for Parts Availability Time Extensions.
(4)
Individual Vehicle Waiver. If a vehicle has failed an emissions
test, a motorist may petition the director for an Individual Vehicle Waiver.
Upon demonstration that the motorist has taken every reasonable measure to
comply with the requirements of the vehicle emissions I/M program contained
in the Revised Texas I/M SIP and such waiver shall have minimal impact on
air quality, the director may approve the petition, and the motorist may receive
a waiver. Motorists may apply for the Individual Vehicle Waiver each testing
cycle.
(f)
Prohibitions.
(1)
No person may operate or allow to be operated any motor
vehicle that does not comply with:
(A)
all applicable air pollution emissions control-related
requirements included in the annual vehicle safety inspection administered
by the department, as evidenced by a current valid inspection certificate
affixed to the vehicle windshield; and
(B)
the vehicle emissions inspection and maintenance requirements
contained in the Revised Texas I/M SIP.
(2)
No person or entity may own, operate, or allow the operation
of a designated vehicle in a designated county unless the vehicle has complied
with all applicable vehicle emissions inspection and maintenance requirements
contained in the Revised Texas I/M SIP, unless otherwise provided for herein.
(3)
No person may issue or allow the issuance of a Vehicle
Inspection Report (VIR), as authorized by the department, unless all applicable
air pollution emissions control-related requirements of the annual vehicle
safety inspection and the vehicle emissions inspection and maintenance requirements
and procedures contained in the Revised Texas I/M SIP are completely and properly
performed in accordance with the rules and regulations adopted by the department
and the TNRCC.
(4)
No person may allow or participate in the preparation,
duplication, sale, distribution, or use of false, counterfeit, or stolen inspection
certificates, VIRs, VRFs, vehicle emissions repair documentation, or other
documents which may be used to circumvent the vehicle emissions inspection
and maintenance requirements and procedures contained in Texas Transportation
Code, Chapter 548 and the Revised Texas I/M SIP.
(5)
No organization, business, person, or other entity may
represent itself as an inspector certified by the department, unless such
certification has been issued pursuant to the certification requirements and
procedures contained in the Revised Texas I/M SIP and the rules and regulations
of the department.
(6)
No person may act as or offer to perform services as a
Recognized Emissions Repair Technician of Texas or a Recognized Emissions
Repair Facility of Texas, as defined in subsections (h) and (i) of this section,
without first obtaining and maintaining recognition by the department.
(g)
Violation/Penalties. Pursuant to Texas Transportation Code, §548.601,
any person who operates a designated vehicle in a designated county without
displaying a valid unique emissions inspection certificate, may be subject
to a fine in an amount not to exceed that set out in Texas Transportation
Code, §548.604.
(h)
Requirements for Recognized Emissions Repair Technicians
of Texas. The department will recognize automotive repair technicians that
meet the qualifications as set forth herein.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Technician of Texas, the technician must:
(A)
have a minimum of three years full-time automotive repair
service experience;
(B)
possess current certification in the following areas based
on the following tests offered by the National Institute of Automotive Service
Excellence (ASE):
(i)
Engine Repair (ASE Test Al);
(ii)
Electrical/Electronic Systems (ASE Test A6);
(iii)
Engine Performance (ASE Test A8); and
(iv)
Advanced Engine Performance Specialist (ASE Test Ll);
and
(C)
must be employed by a Recognized Emissions Repair Facility
of Texas, as defined herein.
(2)
A Recognized Emissions Repair Technician of Texas shall
perform the following duties:
(A)
complete and certify the VRF form(s); and
(B)
notify the DPS in writing within 14 days of changes in
the technician's ASE testing status.
(3)
Failure to comply with these rules and failure to meet
the qualifications set out herein may result in the department ceasing to
recognize the technician.
(i)
Requirements for Recognized Emissions Repair Facilities
of Texas.
(1)
In order to be recognized by the department as a Recognized
Emissions Repair Facility of Texas, the facility must:
(A)
employ at least one full-time Recognized Emissions Repair
Technician of Texas, as described in subsection (h) of this section; and
(B)
possess equipment to perform the functionality of the following
items:
(i)
ammeter;
(ii)
alternator, regulator or starting circuit tester;
(iii)
battery load tester;
(iv)
compression tester;
(v)
cooling system tester;
(vi)
dwellmeter;
(vii)
engine analyzer;
(viii)
exhaust gas analyzer (which meets department and TNRCC
specifications);
(ix)
fuel pressure/pressure drop tester;
(x)
ohmmeter;
(xi)
propane gas bottle (carburetor lean drop check);
(xii)
repair reference information;
(xiii)
scan tool;
(xiv)
tachometer;
(xv)
timing light;
(xvi)
vacuum/pressure gauge;
(xvii)
vacuum pump;
(xviii)
volt meter;
(xix)
a department-approved device with required adapters for
checking fuel cap pressure; and
(xx)
OBD testing equipment.
(2)
A Recognized Emissions Repair Facility of Texas shall:
(A)
notify the DPS in writing within 14 days of changes in
the facility's technicians' ASE testing status or employment status and the
facility's equipment functionality status; and
(B)
agree in writing upon application for recognition by the
department to maintain compliance with the qualifications enumerated in paragraph
(1) of this subsection, in order to maintain recognition by the department.
(3)
Failure to comply with these rules and failure to meet
the qualifications set out herein, may result in the department ceasing to
recognize the facility.
(j)
Certified emissions inspection station requirements.
(1)
In order to be certified by the department as an emissions
inspection station, for purposes of the emissions I/M program, the station
must:
(A)
be licensed by the department as an official vehicle inspection
station;
(B)
comply with the DPS Rules and Regulations Manual for Official
Vehicle Inspection Stations and Certified Inspectors and other applicable
rules and regulations of the department;
(C)
complete all applicable forms and reports as required by
the department;
(D)
purchase or lease emissions testing equipment that is currently
certified by the TNRCC to emissions test vehicles, or upgrade existing emissions
testing equipment to meet the current certification requirements of the TNRCC;
(E)
have a designated telephone line dedicated for each vehicle
exhaust gas analyzer to be used to perform vehicle emissions tests; and
(F)
enter into and maintain a business arrangement with the
Texas Datalink contractor to obtain a telecommunications link to the Texas
Datalink System Vehicle Identification Database (VID) for each vehicle exhaust
gas analyzer to be used to inspect vehicles as described in the Revised Texas
I/M SIP.
(2)
Failure to comply with these rules may result the in denial,
suspension or revocation of an inspection station's certificate of appointment,
pursuant to Texas Transportation Code, §548.405, or in a fine, pursuant
to Texas Transportation Code, §542.301, in an amount not to exceed that
set out in Texas Transportation Code, §542.401.
(k)
Certified emissions inspector requirements.
(1)
To qualify as a certified inspector, an individual must:
(A)
be licensed by the department as an official vehicle inspector;
(B)
must complete the training required for the Vehicle Emissions
Inspection Program and receive the department's current inspector's certificate
for such training;
(C)
must comply with the DPS Rules and Regulations Manual for
Official Vehicle Inspection Stations and Certified Inspectors and other applicable
rules and regulations of the department; and
(D)
complete all applicable forms and reports as required by
the department.
(2)
Failure to comply with these rules may result in the denial,
suspension or revocation of a certified inspector's certificate, pursuant
to Texas Transportation Code, §548.405, or in a fine, pursuant to Texas
Transportation Code, §542.301, in an amount not to exceed that set out
in Texas Transportation Code, §542.401.
(l)
Inspection and Maintenance Emissions Testing Fees. The
fees for emissions testing will be set by the TNRCC. The fee for an emissions
test shall provide for one free re-test for each failed initial emissions
inspection, provided that the motorist has the re-test performed at the same
inspection station where the vehicle originally failed and the re-test is
conducted within 15 calendar days of the initial emissions test, not including
the date of the initial emissions test.
(m)
Audits.
(1)
The department is authorized to perform covert and overt
audits pertaining to the emissions testing program.
(2)
The department may authorize enforcement personnel or other
individuals to remove, disconnect, adjust, or make inoperable vehicle emissions
control equipment, devices, or systems and to operate a vehicle in the tampered
condition in order to perform a quality control audit of an inspection station
or other quality control activities as necessary to assess and ensure the
effectiveness of the vehicle emissions inspection and maintenance program.
(n)
Authority to publish manuals. The Public Safety Commission
authorizes the director of the Department of Public Safety to promulgate,
publish and distribute necessary manuals of instruction and procedure for
the implementation of the emissions I/M testing program in a manner not inconsistent
with these rules. The department adopts by reference the VEHICLE EMISSIONS
INSPECTION AND MAINTENANCE RULES AND REGULATIONS MANUAL FOR OFFICIAL VEHICLE
INSPECTION STATIONS AND CERTIFIED INSPECTORS as the standard for conducting
emissions inspections in designated counties. Any violation of these rules
and regulations may result in the suspension or revocation of the certificate
of appointment of the vehicle inspection station or certificate of the certified
inspector. Such manual(s) shall be available for public inspection at reasonable
times at offices of the department as designated by the director.
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 January 17, 2001.
TRD-200100320
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: September 15, 2000
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 34, Subchapters
A-C, §§34.1, 34.2, 34.21-34.29, and 34.51-34.58, concerning procedures
for the negotiation and mediation of certain contract disputes, without changes
to the proposed text as published in the October 27, 2000, issue of the
The justification for the new sections will be the more timely and efficient
resolution of contract disputes between contractors and the department.
Subchapter A (General, §34.1, and §34.2). §34.1 states that
Chapter 34 will govern the negotiation and mediation of claims of breach of
contract asserted by a contractor against the department. §34.2 provides
definitions.
Subchapter B (Negotiation of Contract Disputes, §§34.21-34.29). §34.21
sets out the requirements and procedures of the notice of claim of breach
of contract that contractor must assert. §34.22 sets out the requirements
and procedures of the counterclaim that the department must assert. §34.23
provides that the parties shall negotiate to settle the dispute. §34.24
provides the statutory timetable as it relates to the negotiations between
the contractor and the department. §34.25 explains the negotiation process. §34.26
addresses the parties' settlement approval procedures. §34.27 announces
the requirements of any resulting settlement agreement. §34.28 explains
how the costs of negotiations shall be handled by the parties. If the breach
of contract claim is not resolved in its entirety, §34.29 specifies the
process by which a contractor may seek resolution of the dispute by SOAH.
Subchapter C (Mediation of Contract Disputes, §§34.51-34.58.). §34.51
explains the mediation timetable. §34.52 discusses the qualifications,
immunities, and duties of a mediator. §34.53 discusses the confidentiality
of a mediation and clarifies that a resulting final settlement agreement is
governed by the Public Information Act, Texas Government Code, Chapter 552. §34.54
explains how the costs of mediation shall be handled by the parties. §34.55
addresses settlement approval procedures. §34.56 details the initial
settlement agreement. §34.57 provides details regarding a final settlement
agreement. §34.58 provides that if mediation does not resolve the dispute
the contractor may request that the claim be referred to SOAH.
No comments were received regarding adoption of the new sections.
Subchapter A. GENERAL
37 TAC §34.1, §34.2
The new sections are adopted under the statutory authority
contained in Texas Government Code, Chapter 411, §411.004(3), which authorizes
the Public Safety Commission to adopt rules considered necessary for carrying
our the department's work; Texas Government Code, Chapter 411, §411.006,
which provides that the director of the department shall adopt rules, subject
to commission approval, considered necessary for the control of the department;
and Texas Government Code, Chapter 2260, which requires each unit of state
government with rulemaking authority to develop rules to govern the negotiation
and mediation of contract claims against the state.
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 January 17, 2001.
TRD-200100316
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 6, 2001
Proposal publication date: October 27, 2000
For further information, please call: (512) 424-2135
Chapter 14.
SCHOOL BUS TRANSPORTATION
Subchapter B. SCHOOL BUS DRIVER ELIGIBILITY AND APPLICATION PROCEDURES
Subchapter C. SCHOOL BUS DRIVER SAFETY TRAINING PROGRAM
Chapter 15.
DRIVERS LICENSE RULES
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
Chapter 23.
VEHICLE INSPECTION
Chapter 34.
NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES
Subchapter B. NEGOTIATION OF CONTRACT DISPUTES