Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 19.
BREATH ALCOHOL TESTING REGULATIONS
Subchapter B. TEXAS IGNITION INTERLOCK DEVICE REGULATION
37 TAC §§19.21 - 19.29
The Texas Department of Public Safety proposes amendments
to §§19.21-19.29, concerning Texas Ignition Interlock Device Regulations.
The original IID regulations were written with a very minimal knowledge
of how day to day business practices were being conducted in this state by
the individual vendors. There are seven vendors doing business in Texas to
date, utilizing nine different device models. Compounding the problem is that
different counties in the state require different variations of services and/or
reports from the vendors.
Because of the problems encountered above, our first attempt at establishing
rules by which the IID industry would be regulated were, as we have come to
find out, less than adequate to address some concerns that have come to light
since we have begun to actively inspect the industry.
We feel the proposed changes address issues unknown to us in the beginning,
and we also believe we have clarified and/or made many of our original intentions
throughout the document more flexible.
In §19.21 we added the definition of Director. For flexibility we
eliminated "scientific director" and replaced it with "department" in this
section and throughout the document.
In §19.23(f) we added wording to make the rolling retest requirement
more flexible to accommodate different vendor's capabilities.
In §19.24(b)(1) we added wording to make more flexible the operational
free restart feature, thus accommodating different vendor's capabilities.
In §19.25(a) and (b) we explicitly outline the calibration confirmation
referred to in the original rules. Some vendors did not know what we were
talking about and therefore were not complying with this rule.
In §19.27(c)(1) we expanded the definition of service center. Initial
inspections revealed locations (being called service centers) that were no
more than a car parked on the side of the road with their computer set upon
the hood of the vehicle. We feel this way of doing business needs amendment.
In (c)(2) we continue our expansion of the service center definition insofar
as how services should be rendered, especially with regard to service representative
trainees, which topic was not addressed in the original regulations because
we had not thought of it. In (c)(6) we further mandated procedures to be implemented
by the service center to check for tampering and/or circumvention. Heretofore,
some service centers were not checking for tampering and/or circumvention,
and in some instances only the device was being presented (absent the vehicle)
for the monitor check.
In §19.27(h) and (i), §19.28(c) and (d) and §19.29(d) and
(e) we more succinctly defined all of the possible certification statuses,
the procedures to be undertaken to recertify, and we configured their position
in the document to be at the end of the respective sections.
The passage of Tex. H.B. 5, Acts 2001, 77th Leg., R.S., ch. 969, §3,
amended Chapter 49.09(g) of the Penal Code, and will cause the number of ignition
interlock devices (IID's) in use in the state to double over the next few
years. In order to address this growth, the department is adding two ignition
interlock inspectors to its work force in order to be able to regulate this
industry and its growth. The current rule calls for a much higher paid and
educated inspector than the department is able to acquire. The main reason
the department must revise these regulations then, is to rewrite the requirements
in §19.29 for the ignition interlock inspector to meet the department's
pending job classification on this subject.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be rule clarification which will enable the department
to enforce shortcomings in interlock vendor actions and guide the interlock
vendor to more easily regain lost certification in this program. There is
no anticipated economic cost to small businesses, large businesses, or micro-businesses.
There is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Richard Baxter, Manager, Breath
Alcohol Testing, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0570, (512) 424-5201.
The amendments are 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 Transportation Code, §521.2476,
which requires the department to create and maintain these rules.
Texas Government Code, §411.004(3) and Texas Transportation Code, §
521.2476 are affected by this proposal.
§19.21.Explanation of Terms and Actions.
The following words and terms, when used in this undesignated head,
shall have the following meanings, unless indicated otherwise.
(1)
Alcohol -- Ethyl alcohol, also called Ethanol.
(2)
Alcohol concentration -- The weight amount of alcohol contained
in a unit volume of breath or air, measured in grams of Ethanol/210 liters
of breath or air and expressed as grams/210 liters. Breath alcohol concentration
in these regulations shall be designated as "alcohol concentration."
(3)
Alveolar air -- Also called "deep lung air" or "alveolar
breath." An air sample which is the last portion of a prolonged, uninterrupted
exhalation and which gives a quantitative measurement of alcohol concentration
from which breath alcohol concentrations can be determined. "Alveolar" refers
to the alveoli, which are the smallest air passages in the lungs, surrounded
by capillary blood vessels and through which an interchange of gases occurs
during respiration.
(4)
Anticircumvention feature(s) -- Any feature or circuitry
incorporated into the Ignition Interlock Device (IID) that is designed to
prevent human tampering which would cause the device not to operate as intended.
(5)
Approval -- Meeting and maintaining the requirements of
these regulations and placement on the
department's
[
(6)
Appropriate
judicial
[
(7)
Bogus
air sample
-- Any gas sample other than
the unaltered, undiluted, or unfiltered alveolar air sample coming from the
individual required to have an ignition interlock device installed in his/her
vehicle.
(8)
Breath alcohol analysis -- Analysis of a sample of person's
expired alveolar breath to determine the concentration of alcohol in the person's
breath.
(9)
Certification.
(A)
Certification refers to meeting and maintaining the requirements
set forth in these regulations. Under the provisions of these regulations,
certification is granted to:
(i)
inspectors,
(ii)
service representatives, and
(iii)
service centers.
(B)
Certification is granted by the
department
[
(C)
Certificates are issued to inspectors, service representatives,
and service centers. Certificates are not issued for individual IIDs or reference
sample devices.
(10)
Certified IID inspector. -- Refers to an individual who
meets the requirements stated in §19.29 of this title (relating to Ignition
Interlock Device Inspector).
(11)
Certified service center -- Refers to any IID service
center, whether fixed site or mobile, meeting and maintaining the provisions
stated in §19.27 of this title (relating to Certification and Inspection
of Service Centers).
(12)
Certified service representative -- Refers to an individual
who has successfully completed the requirements stated in these regulations
and has received certification from the
department
[
(13)
Costs -- The nonrefundable original administrative fees
plus any and all costs incurred by the department for testimony and/or approval,
or reevaluation, of any device. Any and all incurred costs and expenses shall
be the responsibility of the manufacturers and shall be reimbursed to the
department within 30 days. Additionally the reasonable cost of providing legislatively
mandated inspections of certified service centers shall be reimbursed to the
department in the form of inspection fees payable by either the manufacturer
or vendor, whichever is appropriate. Failure to pay or reimburse the department
for these reasonable costs shall result in the denial or loss of certification
of the affected service center(s).
(14)
Data storage system -- A computerized recording of all
events monitored by the installed IID, which may be reproduced in the form
of required reports.
(15)
Department -- The unmodified word department in these
regulations refers to the Texas Department of Public Safety.
(16)
Device -- An ignition interlock device (abbreviated in
this title as IID).
(17)
Director -The chief executive officer of the department.
(18)
Emergency bypass -- a one-time event, authorized
by a service representative that permits the IID- equipped vehicle to be started
without the requirement of passing the breath test. This event must be recorded
in the Data storage system. Also see Illegal Start.
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(A)
Inactivation refers to the voluntary or temporary discontinuance
of certification. Unless specifically stated otherwise, this loss of certification
will be an administrative program control as opposed to suspension or revocation
for violation of these regulations or for unreliability or incompetence. Inactivation
may be initiated by anyone having authority to suspend or revoke, or by the
certified entity in case of voluntary surrender of certification. In questionable
cases, the decision to accept inactivation or invoke suspension or revocation
will be determined by the
department
[
(i)
an inspector or a service representative terminates employment
under which certification was acquired and new employment does not require
certification, or the new location of the inspector or service representative
cannot be ascertained; or
(ii)
[
(iii)
a service center that no longer meets all the requirements
for certification.
(B)
Inactivation will not be considered by the
department
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
[
(32)
Positive result -- A test result indicating that the alcohol
concentration meets or exceeds the startup set point value.
(33)
Proficiency test -- A test administered by, and in the
presence of, an IID inspector to establish and/or ascertain the competency
of a service representative with regard to IID equipment.
(34)
Purge -- Any mechanism which cleanses or removes a previous
breath or reference sample from the device and specifically removes alcohol.
(35)
Recertification -- Recertification refers to the regaining
of lost certification; for example, certification loss by inactivation, suspension,
or revocation. Unless provided for by specific provision in these regulations,
application for recertification requires a written request from the applicant
to the
department
[
(36)
Reference sample device -- A device which generates a
headspace gas above a water/alcohol solution that is maintained at a thermostatically
controlled temperature. This headspace gas can be used to simulate the breath
alcohol concentration of an individual who has been drinking alcoholic beverages
and whose alcohol concentration is reflected in an analysis of a breath sample.
The results of this analysis are expressed as grams of alcohol/210 liters
of breath.
(37)
Retest set point -- A pre-set or pre-determined alcohol
concentration setting, which is the same (0.03) as the startup set point [
(38)
Revocation.
(A)
Revocation refers to the immediate cancellation of certification.
Revocation is an action taken only by the
department
[
(i)
a certified IID service center that no longer meets the
requirements of these regulations because of unreliability, incompetence,
or violation of these regulations.
(ii)
A certified inspector or service representative who is
no longer in compliance with the requirements for certification under these
regulations including a certified inspector or certified service representative
who, subsequent to certification, is convicted of driving while intoxicated,
theft, a crime involving moral turpitude, or any offense classified as a felony.
(iii)
any case where, in the opinion
of the department, continuance of certification would not uphold the scientific
integrity of the IID program.
(B)
If after the allowed appeals process, the revocation of
a service center is sustained; the revoked entity shall be required to replace
the IID service and/or the IID as in § 19.25(e) of this title (relating
to Maintenance and Calibration Requirements).
(C)
In the event that no appeal from the revoked service center
is forthcoming, the revoked entity shall have 30 days to achieve the requirements
of §19.25(e) of this title (relating to Maintenance and Calibration Requirements).
(D)
Revocation will be for the purpose of enforcing these regulations
and maintaining the scientific integrity of the Texas IID program. A revocation
may be appealed to the director, Texas Department of Public Safety.
(39)
Rolling retest -- After passing the test allowing the
engine to start, the IID shall require a second test within a randomly variable
interval ranging from 5 to 15 minutes. Third and subsequent retests shall
be required at intervals not to exceed 45 minutes from the previously requested
test for the duration of the travel. See Retest set point.
(40)
Rolling retest violation -- An event, recorded in the
data storage system when the rolling retest requirement is not met.
(41)
Service center -- The physical location where the service
representatives perform their IID services. Also see certified service center.
(42)
Service representative -- See Certified service representative.
(43)
Startup set point -- A pre-set or pre-determined alcohol
concentration setting at which, or above, the device will prevent the ignition
of a motor vehicle from operating. That value shall be an alcohol concentration
of 0.03 g /210 liters of breath.
(44)
Suspension -- Suspension refers to the immediate cancellation
or curtailment of certification and may be applied to any certified IID entity
when, because of unreliability, incompetence, or violation of these regulations
that entity is not in compliance with the provisions stated in these regulations
or when continuance of such certification in the opinion of the
department
[
(A)
A suspension cancels any certification issued to a suspended
inspector or service representative for a period of suspension until recertification.
During a suspension, the suspended entity is barred from providing any service
in the IID program.
(B)
A suspension curtails any certification issued to a suspended
service center for a period of suspension until recertification. During a
suspension, the suspended service center may continue to provide service to
those IID customers in existence prior to the suspension, but shall not acquire
new IID customers during the period of suspension.
(C)
To regain certification after the period of suspension
requires a written request from the suspended entity to the
department
[
(45)
Tampering -- An overt or conscious attempt to physically
disable or otherwise disconnect the IID from its power source and thereby
allow the operator to start the engine without taking and passing the requisite
breath test. This attempt, whether successful or not, shall be recorded in
the data storage system as a violation.
(46)
Vendor -- The person or entity representing the manufacturer(s)
of an approved IID and responsible for the day-to-day operations and the continuing
certification of an IID service center. Must have manufacturer's approval
for use of a particular approved IID either through purchase or lease agreement.
May be synonymous with manufacturer's representative.
(47)
Violation -- Any of several events including but not limited
to such things as high alcohol, whether from a violation set point or from
a retest set point, a rolling retest violation, tampering or an illegal start.
These events, recorded in the data storage system, must be reported as per
appropriate
judicial
[
(48)
Violation reset -- An unscheduled service of the IID and
download of the data storage system by the service center required because
an accumulation of violations has reached a number (predetermined by appropriate
judicial
[
(49)
Violation set point -- A pre-set or pre-determined alcohol
concentration setting at which, or above, the device will record the high
alcohol result in the data storage system as a violation.
(50)
Withdrawal of approval -- Cancellation of approval of
a device; to wit, not meeting or maintaining these regulations.
§19.22.Procedure for Device Approval.
(a)
All ignition interlock devices to be used in
the state pursuant to Texas Transportation Code, Chapter 521, must be approved
by
the department
[
(b)
[
(c)
[
(1)
[
(2)
[
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(d)
[
(1)
[
(2)
[
(e)
[
(f)
[
(g)
[
(h)
[
§19.23.Technical Requirements.
(a)
Accuracy. The startup set point value for the interlock
device shall be an alcohol concentration of 0.030 g/210 liters of breath.
The accuracy of the device shall be 0.030 g/210 liters plus or minus 0.010
g/210 liters. The accuracy will be determined by analysis of an external standard
generated by a reference sample device
, or other methodologies that may
be approved by the department
.
(b)
Alveolar breath sample. The device shall have a demonstrable
feature designed to assure that the breath sample that is measured is essentially
alveolar.
(c)
Precision. The device shall correlate with a known alcohol
concentration of 0.03 g/210 liters with accuracy set forth in subsection (a)
of this section. A correlation of 95% will be considered reliable precision;
95 of 100 times the device must respond to, detect, and prevent the motor
vehicle engine from operating when the operator has an alcohol concentration
of 0.03 g/210 liters or greater, or any other limits as set by the
department
[
(1)
The proportion of false positive results shall not exceed
5.0%.
(2)
The proportion of false negative [
(d)
Specificity. A test of alcohol-free samples shall not yield
a positive result. Endogenously produced substances capable of being present
in the breath shall not yield or significantly contribute to positive results.
(e)
Temperature. The device shall meet the requirements of
subsections (a) and (c) of this section when used at ambient temperatures
of -20 degrees Celsius to 83 degrees Celsius or other limits as set by the
department
[
(f)
Rolling retest. To thwart curbside assistance, after passing
the test allowing the engine to start, the IID shall require a second test
within a randomly variable interval ranging from 5 to 15 minutes. Third and
subsequent retests shall be required at intervals not to exceed 45 minutes
from the previously requested test for the duration of the travel. During
the rolling retest, the retest set point shall be the same as [
(g)
Vibrational stability. The device shall meet the requirements
of subsections (a) and (c) of this section when subjected to simple harmonic
motion having an amplitude of 0.38mm (0.015 inches) applied initially at a
frequency of 10 Hz and increased at a uniform rate to 30 Hz in 2 1/2 minutes,
then decreased at a uniform rate to 10 Hz in 2 1/2 minutes. The device shall
also meet the requirements to simple harmonic motion having an amplitude of
0.19mm (0.0075 inches) applied initially at a frequency of 30 Hz and increased
at a uniform rate to 60 Hz in 2 1/2 minutes, then decreased at a uniform rate
to 30 Hz in 2 1/2 minutes
§19.24.Miscellaneous Requirements.
(a)
Anticircumvention. The device shall be designed so that
anticircumvention features will be difficult to bypass.
(1)
Anticircumvention provisions shall include, but not be
limited to, prevention or preservation of evidence of cheating by attempting
to use bogus or filtered breath samples or bypassing the breath sampling requirements
of the device electronically.
(2)
The device may use special seals or other methods that
record attempts to bypass anticircumvention provisions.
(3)
The device shall be checked for evidence of tampering at
least once every
sixty (60) days
[
(4)
When evidence of tampering is discovered, [
(b)
Operational features.
(1)
The device shall be designed to permit a free restart of
a motor vehicle's ignition within
a reasonable time as approved by the
department
[
(2)
The device shall also automatically purge alcohol before
allowing subsequent analyses. In addition to the operational features of these
regulations, the
department
[
(3)
The device shall have a data storage system of sufficient
capacity to facilitate the recording and maintaining of all daily driving
activities for the period of time elapsed from one maintenance and calibration
check (as referred to in §19.25 (a)) of this title (relating to Maintenance
and Calibration Requirements) to the next.
(c)
Product liability. The manufacturer of the device shall
carry liability insurance covering product liability, including coverage in
Texas with a minimum policy limit of $1 million.
(d)
Service support
[
(e)
Modifications. Once a device by model and/or class has
been approved, no modification in design or operational concept may be made
without prior written consent of the
department
[
(f)
Warning label. A
label
warning
against
tampering, circumventing, or misuse
[
(g)
Safety. The device shall be designed to comply with generally
recognized safety requirements.
(h)
Specification and operating instructions. Manufacturers
shall provide to the department with each device submitted for approval, a
precise set of specifications, which describe the features of the device concerned
in the evaluation of its performance. A set of detailed operating instructions
shall be supplied with each device.
(i)
Product indemnity. The manufacturer shall provide a signed
statement that the manufacturer shall indemnify and hold harmless the state
of Texas, the department and its officers, employees, and agents from all
claims, demands, and actions, as a result of damage or injury to persons or
property which may arise, directly or indirectly, out of any act or omission
by the manufacturer or their representative relating to the installation,
service, repair, use and/or removal of an IID.
(j)
General. Any other requirements as may be determined necessary
by the
department
[
§19.25.Maintenance and Calibration Requirements.
(a)
The device shall be inspected, maintained, and calibrated
for accuracy and operational performance at least once every
sixty (60)
days
[
(b)
The maintenance and calibration check will consist of,
but not be limited to, a check of the device to determine that the device
is properly functioning in accordance with the following sections:
(1)
accuracy - §19.23(a) of this title (relating to Technical
Requirements);
(A)
The device shall be calibrated before placing into service.
The calibration described herein shall verify the IID accuracy to be within
plus or minus 0.010 g/210 liters of the reference sample predicted value.
(B)
Upon return to the service center
as in subsection
(a) of this section
[
(i)
Should the device fail the calibration confirmation
test referred to
[
(ii)
Should the [
(2)
anticircumvention - §19.24(a) of this title (relating
to Miscellaneous Requirements); and
(3)
operational features - §19.24(b) of this title (relating
to Miscellaneous Requirements).
(c)
Maintenance
[
(d)
If [
(e)
A manufacturer shall be responsible for providing continuing
service by a certified service center during the installation period, without
interruption, should a certified service center go out of business or be revoked.
(1)
If the out of business or revoked service center is being
replaced, the manufacturer shall make all reasonable efforts to obtain participant
records and data from a certified service center being replaced and provide
them to the new service center.
The department shall be notified of this
event as soon as possible.
(2)
If the out of business or revoked service center is not
replaced, the manufacturer shall retain the records and data as required in
subsection (e)(1) of this section.
The department shall be notified of
this event as soon as possible.
(A)
The manufacturer shall be responsible for, and shall bear
the cost of, removal of the original IID and replacement with another approved
IID, regardless of the manufacturer of the device being substituted, if another
manufacturer's device is available. The manufacturer shall also determine
that each participant with an existing, installed IID is able to obtain the
required service within a similar distance, no more than 25 miles further
than previously, of the participant's residence or place of business.
(B)
The manufacturer shall make every reasonable effort to
notify all participants of the change of the certified service center or replacement
of the device 30 days before the change or replacement will occur, or as soon
as is possible.
(3)
If neither subsection (e)(1) nor subsection (e)(2) of this
section can be accomplished, the manufacturer shall be responsible for notifying
the clients and the appropriate
judicial
[
§19.26.Approval, Denial, and Withdrawal of Approval.
(a)
Upon proof of compliance with these regulations,
an
[
(b)
The approval of a device may be denied or withdrawn by
the
department
[
(1)
the device, entity, or person fails to meet the requirement
for approval under the Texas ignition interlock device regulations; or
(2)
changes in IID technology are such that continued approval
of the device would, as determined by the department, not be in the best interest
of the state of Texas.
(c)
The denial or withdrawal of an approval may be appealed
to the director, Texas Department of Public Safety.
§19.27.Certification and Inspection of Service Centers.
(a)
All IID service centers conducting business in this state,
whether fixed site or mobile, must have the approval of and be certified by
the
department
[
(b)
To initiate certification for an IID service center, a
vendor or the IID manufacturer's representative shall submit an application
to the
department
[
(1)
allow access for inspection under subsection (d) of this
section,
(2)
comply with subsection (g) of this section,
(3)
comply with subsection (c) of §19.24 of this title
(relating to Miscellaneous Requirements) concerning product liability and
liability insurance requirements, and
(4)
comply with subsection (d) of §19.24 of this title
(relating to Miscellaneous Requirements) concerning
service support
[
(c)
All IID testing techniques, in order to be approved, shall
meet, but not be limited to, the following:
(1)
A certified IID service center shall be located in
a facility which properly and successfully accommodates installing, inspecting,
downloading, calibrating, repairing, monitoring, maintaining, servicing and/or
removing a specific IID device(s). The service center must incorporate the
use of analysis of a reference sample such as headspace gas from a mixture
of water and a known weight of alcohol at a known temperature, the results
of which must agree with the reference sample predicted value as in §
19.25(b)(1)(A) and (B) of this title (relating to Maintenance and Calibration
Requirements), or other methodologies that may be approved by the department.
Preparatory documentation (such as certificate of analysis) on the reference
sample solution(s) shall be available to the department. Only reference sample
devices approved by the department may be used in certified IID operations.
[
(2)
Services rendered by the IID service center must be
performed by a properly trained and certified service representative. IID
service centers shall maintain sufficient staff to ensure an acceptable level
of service. Monitor checks shall be scheduled in a manner such as not to deprive
the client of an acceptable level of service. The IID service center must
at al times be staffed with at least one certified service representative.
Potential service representative candidates may train in the certified IID
service center only under the direct supervision of a currently certified
service representative. The potential service representative candidate will
be given a reasonable time as determined by the department to train before
being required to take and pass the IID service representative examination.
[
(3)
All analytical results shall be expressed in grams of alcohol
per 210 liters of breath (g/210L).
(4)
The applicant must agree to maintain any specified records
designated by the
department,
[
(A)
submitting violation(s) if any, of any court order to the
appropriate
judicial
[
(B)
maintaining complete records of each device installation
for five years from the date of the
removal
[
(C)
making IID records available, either by inspection or via
copy to any appropriate
judicial
[
(5)
All anticircumvention features must be activated on any
installed IID.
(6)
The device must be installed and inspected in accordance
with any applicable court order.
Furthermore, the service center, through
the certified IID representative(s), shall perform a visual inspection of
the vehicle, the device, and the device's wiring to ensure no tampering or
circumvention has occurred during the monitoring period. In the case wherein
the client returns to the service center as in §19.25(a) of this title
(relating to Maintenance and Calibration Requirements) absent their vehicle,
such fact shall be made available to the appropriate judicial authority.
(d)
An
[
(e)
A designated custodian of records, when required, shall
be provided by the vendor to testify in court and provide testimony concerning
the interpretation of any data storage system records, as required by these
courts and to answer questions concerning certification of the IID program.
(f)
Upon proof of compliance with subsections (a)-(c) of this
section, certification will be issued by the
department
[
(g)
Certification of
the
[
(1)
program administration;
(2)
reports;
(3)
records and forms;
(4)
inspections;
(5)
methods of operations and testing techniques;
(6)
personnel training and qualifications;
(7)
criminal history considerations for service representatives;
and
(8)
records custodian.
(h)
[
[
(i)
Recertification of a service
center whose certification has been withdrawn, inactivated, suspended or revoked
will require a written request from the applicant to the department and successful
completion of the original requirements for certification as outlined in subsection
(b) of this section and/or other requirements as determined by the department.
§19.28.Service Representative.
(a)
Initial certification.
(1)
In order to apply for certification as a service representative
of an ignition interlock device service center, an applicant must successfully
attain the following:
(A)
proof of employment by an ignition interlock device service
center that meets the requirements set forth in §19.27 of this title
(relating to Certification and Inspection of Service Centers); and
(B)
documentation from the aforementioned employer that the
applicant is currently trained in all necessary aspects of the specific IIDs
involved in the vendors service center.
(C)
If a service representative is certified to work with a
specific brand and/or model of equipment and is required to be certified on
an additional brand and/or model of equipment, the
department
[
(2)
Prior to initial certification as a service representative
of an ignition interlock device service center, an applicant must satisfactorily
complete a written examination which shall cover the regulatory aspects of
the Texas IID Program.
(A)
Failure of the initial written examination will cause the
applicant to be ineligible for reexamination for a period of 30 days.
(B)
A subsequent failure will be handled the same as an initial
failure.
(3)
An applicant who has been convicted of driving while intoxicated,
theft, a crime involving moral turpitude, or any offense classified as a felony,
within five years prior to the date of filing of the applicant's application
for certification as an IID service representative is not eligible for certification.
For purposes of this section, a conviction means the applicant was adjudicated
guilty by a court of competent jurisdiction.
(4)
The department, with advance notice to IID vendors, may
impose additional requirements for service representative certification should
the need be warranted.
(5)
Upon successful completion of the requirements for initial
certification, the
department
[
(b)
Renewal of current certification. The service representative
is required to renew certification prior to its expiration date. The minimum
requirement for renewal of service representative certification will be:
(1)
a biennial written acknowledgement from the service representative's
employing IID vendor that this service representative is both;
(A)
employed by the vendor in the capacity of a service representative,
and
(B)
currently trained in all necessary aspects of the IIDs
involved in the vendor's service center.
(2)
a biennial written acknowledgement from the service representative
that he or she still meets the requirement of subsection (a)(3) of this section.
(3)
Renewal of certification will be denied and current certification
will be inactivated when the service representative:
(A)
fails to furnish proper documentation required in subsections
(b)(1)(A) and (B) of this section, or
(B)
fails to meet the requirements of subsection (a)(3) of
this section.
(4)
Upon successful completion of the requirements for renewal
of certification, the
department
[
[
(c)
Certification of the service representative may be
denied, withdrawn, inactivated, suspended or revoked by the department if
the service representative fails to meet the requirements of these regulations.
A person whose pending application for certification has been denied, or a
service representative whose certification has been withdrawn, inactivated,
suspended or revoked may appeal such action to the director, who will decide
whether the action of the department will be affirmed or set aside. The director
may allow the pending application for certification as an IID service representative,
or the director may reinstate certification of the IID service representative
appealing the withdrawal, inactivation, suspension or revocation of certification
under such conditions deemed necessary.
[
(d)
Recertification
of a service representative whose
certification has been withdrawn, inactivated, suspended or revoked will require
a written request from the applicant to the department and successful completion
of the original requirements for certification as outlined in subsection (a)
of this section and/or other requirements as determined by the department
[
§19.29.Ignition Interlock Device Inspector.
(a)
The minimum qualifications for certification as an IID
inspector are:
(1)
graduation from a standard senior high school or the
equivalent plus two (2) or more years responsible work experience. College
may be substituted for experience on a year-per-year basis.
[
(2)
the satisfactory completion of [
(A)
record keeping appropriate to approved IIDs in use in the
state of Texas;
(B)
operational principles and theories applicable to the program;
and
(C)
legal aspects of the IID program.
(3)
Knowledge and understanding of the scientific theory and
principles as to the operation of the IID and reference sample device.
(4)
Persons who are currently engaged in business with or employed
by an IID manufacturer or an IID vendor shall not be eligible to become a
certified IID inspector.
(5)
An applicant who has been convicted of driving while intoxicated,
theft, a crime involving moral turpitude, or any offense classified as a felony,
within five years prior to the date of filing of the applicant's application
for certification as an IID inspector is not eligible for certification. For
purposes of this section, a conviction means the applicant was adjudicated
guilty by a court of competent jurisdiction.
(6)
The department, with advance notice, may impose additional
and/or different
requirements for IID inspector certification should
the need be warranted.
(7)
Upon satisfactory proof to
the department by the applicant that the minimum qualifications of this subsection
have been met, the department will issue a certificate that will be valid
unless certification is withdrawn, inactivated, suspended or revoked for cause.
[
[
[
[
[
[
(b)
[
(1)
Any and all IID technical requirements as per §19.23
of this title (relating to Technical Requirements).
(2)
Any and all IID miscellaneous requirements as per §19.24
of this title (relating to Miscellaneous Requirements).
(3)
Any and all IID maintenance and calibration requirements
as per §19.25 of this title (relating to Maintenance and Calibration
Requirements).
(4)
Any and all service center requirements as per §19.27
of this title (relating to Certification and Inspection of Service Centers).
(5)
Any and all service representative requirements as per §19.28
of this title (relating to Service Representative).
(c)
[
[
[
(1)
[
(2)
[
(d)
Certification of an IID inspector
may be denied, withdrawn, inactivated, suspended or revoked by the department
if the inspector fails to meet the requirements of these regulations. A person
whose pending application for certification has been denied, or an IID inspector
whose certification has been withdrawn, inactivated, suspended or revoked
may appeal such action to the director, who will decide whether the action
will be affirmed or set aside. The director may allow the pending application
for certification as an IID inspector, or the director may reinstate certification
of the IID inspector appealing the withdrawal, inactivation, suspension or
revocation of certification under such conditions deemed necessary.
(e)
Recertification of an IID inspector
whose certification has been withdrawn, inactivated, suspended or revoked
will require a written request from the applicant to the department and successful
completion of the original requirements for certification as outlined in subsection
(a) of this section and/or other requirements as determined by the department.
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 2, 2002.
TRD-200202077
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 19, 2002
For further information, please call: (512) 424-2135
Subchapter A. VEHICLE INSPECTION STATION LICENSING
37 TAC §23.3
The Texas Department of Public Safety proposes an amendment
to §23.3, concerning Specific Requirements for Public, Fleet, and Governmental
Vehicle Inspection Stations. The section defines and provides the standards
for the physical facilities of a department certified vehicle inspection station.
The proposed amendment is necessary to accommodate equipment changes in vehicle
inspection stations that perform emission testing. Further, the proposed amendment
will expand the number of existing facilities that may become vehicle inspection
stations.
Under the current requirements, inspection areas must be located entirely
within the building of the inspection station and the building must have two
permanent walls. This change is required for two reasons. First, installation
of the new treadmill emission testing equipment required by changes in the
program will, in some cases, require the vehicle to extend from the building,
which means the inspection area will not be entirely within the building.
Second, several prospective businesses have approached the department with
inquiries about the use of former gas-only stations/stores with permanent
overhead roofs. Use of these existing structures would provide better ventilation
from the increased exhaust from the enhanced vehicle emission testing equipment
and meet all department requirements, with the sole exception of the inspection
area being entirely within a building.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the section is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the section is in effect the public benefit anticipated as a result
of enforcing the section will be an increase in the number of inspection stations
serving the public. Mr. Haas has determined that during the first five-year
period the amendment is in effect, it will have a positive effect on small
businesses. Small businesses starting up inspection stations will be able
to minimize start-up costs because they will not have to modify readily available
standing buildings to conform to current department requirements. There is
no anticipated economic cost to individuals who are required to comply with
the section as proposed.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
P. O. Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All
comments must be received by 5:00 p.m. on the 21st day after publication and
should refer to "Proposed Rule 37 TAC Section 23.3" in the subject line or
at the beginning of the text.
The amendment is proposed 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, §548.002,
which provides authorization for the department to adopt rules to administer
and enforce the compulsory inspection of vehicles; §548.005, which authorizes
the department to permit inspections under terms and conditions the department
prescribes; §548.401, which only authorizes inspections under rules adopted
by the department; and §548.403, which authorizes the department to approve
inspection station certification only if the station location complies with
department requirements.
Texas Government Code, §411.004(3) and Texas Transportation Code, §§548.002,
548.005, 548.401, and 548.403 are affected by this proposal.
§23.3.Specific Requirements for Public, Fleet, and Governmental Vehicle Inspection Stations.
(a)
Space requirements. The inspection area shall include:
(1)
an area of 12 feet by 24 feet of minimum space;
(2)
an inspection area located entirely within
or adjacent
to the
[
(3)
a permissible center drain provided it does not interfere
with the proper inspection of the vehicle.
(b)
Specific requirements for fleet vehicle inspection stations.
(1)
Fleet vehicle inspection stations shall not inspect the
personal vehicles of officers, employees, or the general public even though
personal vehicles are used
part-time
[
(2)
Fleet vehicle inspection stations will not be approved
when free access to the vehicle inspection station grounds is not granted
to representatives of the department.
(3)
Firms open to the public will not be issued a fleet vehicle
inspection station certificate of appointment unless such firms are currently
certified as a public vehicle inspection station and desire a fleet vehicle
inspection station certificate of appointment for "new
car
[
(4)
A fleet vehicle inspection station shall meet all the requirements
as prescribed for a public vehicle inspection station.
(c)
Specific requirements for public inspection stations. Public
inspection stations shall inspect all vehicles presented for the purpose of
inspection, if the station is certified to inspect that type vehicle.
(d)
Specific requirements for governmental inspection stations.
(1)
A governmental vehicle inspection station shall meet the
requirements as prescribed for a public vehicle inspection station.
(2)
Governmental vehicle inspection stations shall not inspect
the personal vehicles of officers, employees, or the general public, even
though personal vehicles are used
part- time
[
(3)
Governmental vehicle inspection stations will not be approved
when free access to the vehicle inspection station grounds is not granted
to representatives of the department.
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 2, 2002.
TRD-200202076
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 19, 2002
For further information, please call: (512) 424-2135
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.4
The Texas Board of Criminal Justice proposes an amendment
to §151.4, Presentations to the Texas Board of Criminal Justice. The
purpose of the amendment is to respond to a petition for a rule change by
providing an opportunity for public presentations to the Texas Board of Criminal
Justice on topics that are subject to the Board's jurisdiction but are not
posted for deliberation.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government.
Mr. Livingston has also determined that there will be no economic impact
on persons required to comply with the rule, and that the public benefit expected
as a result of the proposed rule is the increased opportunity for public discourse
on issues relevant to the Texas Department of Criminal Justice.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new section is proposed under Texas Government Code, §492.013,
which grants general rulemaking authority to the Board and §492.007,
which requires the Board to provide access and public comment on issues within
the jurisdiction of the board, as well as Texas Government Code Chapter 551,
the Open Meetings Act.
Cross Reference to Statutes: Texas Government Code, Chapter 551, and §492.007.
§151.4.Presentations to the Texas Board of Criminal Justice.
(a)
Policy. The Texas Board of Criminal Justice is committed
to provide access and opportunity for public comment on issues within the
jurisdiction of the board, and invites public testimony on items that are
part of the board's posted agenda as provided for in subsection (b) of this
section. [
(1)
subject to the requirements and restrictions
of subsections (b), (c), (f) and (g) of this section;
(2)
pertinent to issues under the jurisdiction
of the board, as determined by the chairman and the General Counsel; and
(3)
pertinent to a matter that is not subject
to the employee grievance system, the employee disciplinary system, the inmate
grievance system, the inmate disciplinary system, or pending litigation.
(b)
Registration.
[
(1)
name of the person making a presentation;
(2)
a statement as to whether the person is being reimbursed
for the presentation; and if so, the name of the person or entity on whose
behalf the presentation is made;
(3)
a statement as to whether the presenter has registered
as a lobbyist in relationship to the matter in question;
(4)
a reference to the agenda item
, if applicable, that
[
(5)
an indication as to whether the presenter wishes to speak
for or against the proposed agenda item
, if applicable
;
(6)
a statement verifying that all factual information to be
presented shall be true and correct to the best of the knowledge of the speaker.
(c)
Presentation timing.
[
(d)
Requests that issues be placed on an agenda. Persons outside
the agency who wish to
have an agenda item posted
[
(e)
Disability accommodation. Persons with disabilities who
have special communication or accommodation needs and who plan to attend a
meeting may contact the office of the administrative assistant to the chairman
in Austin. Requests should be made at least two days before a meeting. The
department will make every reasonable effort to accommodate these needs.
(f)
Conduct and decorum. The board will receive public input
as authorized by this section, subject to the following
additional
guidelines.
(1)
Questioning of those making presentations will be reserved
to board members and staff recognized by the chairman.
(2)
Presentations shall remain pertinent to the issue being
discussed.
(3)
A person who
is determined by the chairman to be disrupting
[
(4)
A person may not assign a portion of his or her time to
another speaker.
(g)
It is a crime to carry a
prohibited weapon, an illegal
knife, a club, a handgun, or a
licensed concealed handgun at a meeting
of the board.
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 4, 2002.
TRD-200202123
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 19, 2002
For further information, please call: (512) 463-0422
37 TAC §151.8
The Texas Department of Criminal Justice proposes new §151.8,
concerning Advisory Committees related to the Texas Department of Criminal
Justice as established by or under state law. The purpose of the section is
to set forth the TDCJ Advisory Committees that are governed by Government
Code Chapter 2110 (as amended by House Bill 2914, Session Laws Chapter 1158,
77th Legislature, Regular Session) and establish a procedure whereby TDCJ
shall annually evaluate each committee's work, usefulness, and costs of existence.
The results of these evaluations will be reported biennially to the Legislative
Budget Board.
Carl Reynolds, General Counsel for the Department of Criminal Justice,
has determined this applies to the following Advisory Committees: the Judicial
Advisory Council ("JAC"), established by Government Code §493.003(b),
and the Texas State Council on Interstate Adult Offender Supervision ("CIAOS")
established by Government Code Chapter 510 (as enacted by House Bill 2494,
Session Laws Chapter 543, 77th Legislature, Regular Session), which is exempt
from certain provisions of Government Code Chapter 2110.
Brad Livingston, Chief Financial Officer for TDCJ has determined that for
the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government.
Mr. Livingston has also determined that there will be no economic impact
on persons required to comply with the rule, and that the public benefit expected
as a result of the proposed rule is the orderly management of state agency
Advisory Committees in accordance with State law.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new section is proposed under Texas Government Code, §492.013,
which grants general rulemaking authority to the Board and Texas Government
Code, Chapter 2110, which requires this section, §493.003(b), which establishes
the Judicial Advisory Council, and Chapter 510, which establishes the Council
on Interstate Adult Offender Supervision.
Cross Reference to Statutes: Texas Government Code, Chapter 2110, §493.003(b),
and Chapter 510.
§151.8.Advisory Committees.
(a)
General. This section identifies advisory committees related
to TDCJ and established by or under state law. TDCJ Financial Services shall
annually evaluate each committee's work, usefulness, and costs of existence,
and report that information biennially to the Legislative Budget Board.
(b)
Judicial Advisory Council ("JAC"). The JAC exists pursuant
to Government Code §493.003(b). The purpose, tasks, and reporting procedure
for the JAC are described in §161.21 of this title (relating to Role
of the Judicial Advisory Council).
(c)
Council on Interstate Adult Offender Supervision ("CIAOS").
Pursuant to Government Code Chapter 510, the CIAOS shall advise the administrator
for the Interstate Compact for Adult Offender Supervision and the state's
commissioner to the Interstate Commission for Adult Offender Supervision,
on the state's participation in commission activities and the administration
of the compact. The presiding officer of the CIAOS, or a designee, shall report
to the Texas Board of Criminal Justice prior to and after each meeting of
the Interstate Commission for Adult Offender Supervision.
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 4, 2002.
TRD-200202124
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 19, 2002
For further information, please call: (512) 463-0422
Chapter 217.
LICENSING REQUIREMENTS
37 TAC §217.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code by amending §217.7, concerning the reporting the appointment and
termination of a licensee. In §217.7, the Commission clarifies that new
licensing standards do not apply to current licensees unless their license
has expired. The change of the word affidavit for the word statement in subsection
(e)(4) of this section is for consistency purposes. The only other proposed
change to this subsection is to the effective date in subsection (i) of this
section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect, there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect, there will a positive benefit to
the public by encouraging the retention of licensees in good standing. There
are no anticipated economic costs to large, small, or micro businesses as
a result of the proposed section. There will be no costs to persons who are
required to comply with the section as proposed.
Comments may be submitted in writing to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement, 6330 U.S. Highway 290 East,
Suite 200, Austin, Texas 78723.
The amendment is proposed under Texas Occupations Code Chapter
1701, §1701.151, General Powers which authorized the Commission to promulgate
rules for the administration of this chapter.
The following statute is affected by this proposed rule: Texas Occupations
Code, Chapter 1701, §1701.451, Preemployment Inquiry.
§217.7.Reporting the Appointment and Termination of a Licensee.
(a) - (c)
(No change.)
(d)
Before appointing a licensee
whose
[
(e)
If the appointment is made after a 180-day break in appointment,
the agency must have the following on file and readily accessible to the commission:
(1) - (3)
(No change.)
(4)
two completed applicant fingerprint cards or, pending receipt
of such cards, an original sworn, notarized
affidavit
[
(A)
(No change.)
(B)
that he or she meets the current academy enrollment standards.
Such
[
(f) - (h)
(No change.)
(i)
The effective date of this section is
September
[
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 4, 2002.
TRD-200202121
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 7, 2002
For further information, please call: (512) 936-7700
37 TAC §217.19
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code by amending §217.19, concerning reactivation of a license. In §217.19,
the Commission clarifies in subsections (b) and (c) of this section that the
reactivation standards are contained in subsection (g), not subsections (f)
and (g) by deleting references to subsection (f) of this section. The only
other proposed change to this section is to the effective date in subsection
(h) of this section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect, there will not be fiscal implications
to state or local governments as a result of administering the section.
The Commission has determined that for each year of the first five years
the section as proposed will be in effect, there will a positive benefit to
the public by encouraging the retention of licensees in good standing. There
are no anticipated economic costs to large, small, or micro businesses as
a result of the proposed section. There will be no costs to persons who are
required to comply with the section as proposed.
Comments may be submitted in writing to Dr. D.C. Jim Dozier, Executive
Director, Texas Commission on Law Enforcement, 6330 U.S. Highway 290 East,
Suite 200, Austin, Texas 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 which authorized the Commission to promulgate rules for
the administration of this chapter.
The following statute is affected by this proposed rule: Texas Occupations
Code, Chapter 1701, §1701.316, Reactivation Of Peace Officer License.
§217.19.Reactivation of a License.
(a)
(No change.)
(b)
Individuals with basic licensure training over two years
old must meet the requirements of §217.19 [
(c)
Individuals with basic licensure examination results over
two years old must meet the requirements of §217.19 [
(d) - (g)
(No change.)
(h)
The effective date of this section is
September
[
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 8, 2002.
TRD-200202168
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: June 7, 2002
For further information, please call: (512) 936-7700
scientific
director's
] list of approved devices. Approval may be denied, cancelled,
withdrawn, and/or suspended at any time, for cause by the
department
[
scientific director
].
judiciary
] authority
-- a phrase used throughout these regulations that is meant to include personnel
or court orders of the Texas
judicial
[
judiciary
] system
including but not be limited to: the actual court order requiring or authorizing
installation of an IID, the court (or judge) that ordered or authorized that
installation, pretrial services authorities (having to do with bail bond requirements
in these matters), adult supervision (or adult probation) authorities
and/or
[
and or
] occupational licensing authorities.
scientific director
] only when minimum requirements of certification
have been met. All aspects of IID business in Texas must be performed under
certification in order to be eligible for court purposes.
scientific
director
] to install, inspect, download, calibrate, repair, monitor,
maintain, service and/or remove a specific ignition interlock device(s). Service
representative certification is contingent upon compliance with all provisions
stated in §19.28 of this title (relating to Service Representative).
(18)
] Filtered air samples -- Any
mechanism by which there is an attempt to remove alcohol from the human breath
sample. Filters would include, but are not limited to, silica gel, drierite,
cat litter, cigarette filters, water filters, cotton, etc.
(19)
] Fixed-site service center
-- A certified service center that is at a permanent location, i.e., not mobile.
(20)
] Free restart -- The condition
in which a test is successfully completed and the motor vehicle is started,
and then at some point the engine stops for any reason (including stalling).
A free restart is the ability to start the engine again, within
a reasonable
time as approved by the department
[
two minutes
], without
completion of another breath alcohol analysis. This free restart does not
apply, however, if the IID was awaiting a rolling retest that was not delivered.
(21)
] IID -- The common abbreviation
for Ignition Interlock Device used throughout these regulations.
(22)
] Ignition interlock device
(abbreviated in this title as IID) -- A device that is a breath alcohol analyzer
that is connected to a motor vehicle ignition. In order to start the motor
vehicle engine, a driver must
deliver
[
blow
] an alveolar
breath sample
to
[
into
] the
IID
[
analyzer
] which measures the alcohol concentration. If the alcohol concentration
meets or
exceeds the startup set point on the interlock device, the
motor vehicle engine will not start.
(23)
] Illegal start -- An event
wherein the IID-equipped vehicle is started without the requisite breath test
having been taken and passed and/or is started when the IID is in a lockout
condition or is started by enabling an unauthorized emergency bypass. Any
and all of these events shall be recorded in the Data storage system as violations.
(24)
] Inactivation.
scientific director
]. Recertification of an inactivated certificate will require a written
request from the applicant to the
department
[
scientific director
] and successful completion of the requirements outlined in §19.27, §
19.28
[
19.28(c)
], or §19.29, of this title (relating
to Certification and Inspection of Service Centers, Service Representative,
and Ignition Interlock Device Inspector) as appropriate for recertification
and/or other requirements determined by the
department
[
scientific
director
]. Inactivation will be used in, but not limited to, the following
situations:
an inspector or
]a service representative
fails to renew current certification and reverts to an inactive status; or
office of the scientific director
] as a disciplinary action.
It is for administrative program control to safeguard the scientific integrity
of the IID program.
(25)
] Interlock -- The mechanism
which prevents a motor vehicle from starting when the alcohol concentration
of a person
meets or
exceeds a preset value.
(26)
] Lockout condition -- A state
wherein the IID will not allow the vehicle to be started until a certified
service representative completes a violation reset, downloads the Data storage
system and restores the IID to a state that will allow the vehicle to be started.
Violation conditions that trigger the lockout condition will enable a unique
auditory and/or visual cue that will warn the driver that the vehicle ignition
will enter a lockout condition within a period not to exceed 5 days. This
event will be uniquely recorded in the data storage system and will simultaneously
start a clock that culminates in the actual lockout condition.
(27)
] Manufacturer -- The actual
producer of the device.
(28)
] Manufacturer's representative
-- An individual and/or entity designated by the manufacturer to act on behalf
of or represent the manufacturer of a device. May be synonymous with vendor.
(29)
] Mobile service center --
Any IID facility that has the personnel and equipment capability to be in
use separately and simultaneously with it's parent fixed site service center,
whether set up in a vehicle or temporarily set up at a site with a permanent
foundation.
(30)
] Negative result -- A test
result indicating that the alcohol concentration is less than the startup
set point value.
(31)
Office of the scientific
director -- The individual responsible for the implementation, administration,
and enforcement of the Texas Ignition Interlock Device Regulations or his
staff.]
scientific director
]. Upon receipt
of the request, the applicant will be advised of the necessary procedure to
regain certification. Recertification requires the successful completion of
requirements stated in §19.27, §
19.28
[
19.28(c)
] or §19.29 of this title (relating to Certification and Inspection
of Service Centers, Service Representative, and Ignition Interlock Device
Inspector) as appropriate, and/or additional requirements as stated by the
department
[
scientific director
].
or with appropriate judiciary authority, as much as 0.02 higher than the startup
set point
], at which, or above, during a rolling retest, the device
will record in the data storage system, the high alcohol result as a violation.
scientific
director
]. To regain certification after revocation requires a written
request from the applicant to the
department
[
the scientific
director
] and successful completion of the requirements for certification
and/or recertification and/or any additional requirements determined by the
department
[
scientific director
]. Revocation invalidates
any current IID program certification issued to the revoked entity for the
period of revocation and until recertification. Unless provided for by specific
provision in these regulations, revocation will apply when the holder of the
certification no longer meets the criteria for certification. Examples of
cases for which revocation will apply include, but are not limited to, the
following:
scientific director
] would not uphold the scientific integrity
of the IID program. A suspension can be initiated by
an
[
the
scientific director,
] IID inspector [
,
] or designated representative
of the
department
[
scientific director
]. Prior to appeal
to the director [
of the Department of Public Safety
], suspensions
may be set aside or sustained only after investigation by the
department
[
scientific director
]. The minimum period of suspension
as determined by the
department
[
scientific director
]
will be for a period of time not less than 30 days. The IID inspector or a
designated representative of the
department
[
scientific director
] may recommend a specific period of suspension to the
department
[
scientific director
].
scientific director
]. Upon receipt of the written request,
the applicant will be advised of the necessary steps to be taken in order
to regain certification. Suspension will not be considered by the
department
[
scientific director
] to be a disciplinary action but shall
be for the purpose of maintaining the scientific integrity of the ignition
interlock program and upholding these regulations. A suspension may be appealed
to the director, Texas Department of Public Safety.
judiciary
] requirements and which,
when accumulated to a total determined by the appropriate
judicial
[
judiciary
] authority, shall enter a lockout condition within a
period not to exceed 5 days and require a violation reset.
judiciary
] authority) that generates a lockout
condition. This information shall be reported to the appropriate
judicial
[
judiciary
] authority within 48 hours after the vendor becomes
aware of the violation. Completion of this service will include restoring
the IID to a state that will allow the vehicle to be started.
model and/or class by the office of the
scientific director, Alcohol Testing Program, Texas Department of Public Safety
(hereinafter referred to as the scientific director)
]. These regulations
and requirements apply only to IID usage in the Texas judicial system in applications
such as (but not limited to) pretrial services (bail bond requirements), adult
supervision (probation requirements) and/or occupational licensing requirements.
They are not intended to apply to or limit IID use in a voluntary or non-
adjudicated scenario such as a parent having an IID placed on a child's motor
vehicle.
(1)
] The
department
[
scientific director
] will establish and maintain a list of approved
devices by model and/or class for use in the state.
(2)
] If application is made for
approval of a device by model and/or class not on the approved list, the following
procedures and standards shall apply.
(A)
] A manufacturer or manufacturer's
representative requesting approval of a device must submit a production model
of the device, along with a written request for approval. It shall be the
responsibility of the manufacturer or the manufacturer's representative to
incur costs of mailing or shipping of the device to and from the department.
It shall also be the responsibility of the manufacturer or the manufacturer's
representative to submit a certified check or money order in the amount of
$50 payable to the Texas Department of Public Safety (this is an administrative
approval processing fee and is nonrefundable). In the event of non-approval,
additional requests for approval may be limited by the department. The department
shall not get involved in research and development procedures of these devices.
(B)
] Accompanying each device shall
be a notarized letter and/or affidavit from a testing laboratory certifying
that the submitted device by model and/or class meets or exceeds all requirements
set forth in §19.23 of this title (relating to Technical Requirements)
and §19.24(a) and (b) of this title (relating to Miscellaneous Requirements)
and/or
any
other requirements as determined by the
department
[
scientific director
]. This affidavit shall also include:
(i)
] the name and location of the
testing laboratory;
(ii)
] the address and phone number
of the testing laboratory;
(iii)
] a description of the tests
performed;
(iv)
] copies of the data and results
of the testing procedures; and
(v)
] the names and qualifications
of the individuals performing the tests.
(3)
] Prior to approval of the device,
the manufacturer or the manufacturer's representative shall complete and submit
an application approval affidavit available from the
department
[
scientific director
]. The notarized application approval affidavit
shall be signed by the manufacturer or the manufacturer's representative.
This approval affidavit shall state that the device by model and/or class
will be calibrated and maintained pursuant to these regulations and as designated
by the
department
[
scientific director
].
(A)
] If a device is submitted for
approval by a party other than the manufacturer, the submitting party shall
submit a notarized affidavit from the manufacturer of the device certifying
that the submitting party is an authorized manufacturer's representative and
that it is agreed and understood that any action taken by the
department
[
scientific director
] or any cost incurred in accordance
with the provisions of these regulations shall ultimately be the responsibility
of the manufacturer.
(B)
] After the device is approved,
in order to do business in the Texas IID program, a manufacturer must vend
through a Certified IID Service Center as described in §19.27 of this
title (relating to Certification and Inspection of Service Centers).
(4)
] An annual reevaluation of the
approved IID, pursuant to Texas Transportation Code, Chapter 521, shall be
required in order for continued approval. This reevaluation shall consider
those requirements in §§19.23- 19.25 of this title (relating to
Technical Requirements, Miscellaneous Requirements, and Maintenance and Calibration
Requirements). The cost of this reevaluation shall be the same as for the
initial approval process noted in subsection
(c) (1)
[
(b)
]
of this section.
(5)
] Annually provide to the department
a written report of each service and feature of all approved IIDs made available
by the manufacturer.
The department shall make available the form for
this report.
(6)
] The vendor shall notify the
department in writing if the certification or approval of a device that is
approved for use in Texas is or ever has been suspended, revoked or denied
in another state, whether such action occurred before or after approval in
Texas. This notification shall be made in a timely manner, not to exceed 30
days, after the vendor has received notice of the suspension, revocation,
or denial of certification or approval of the device, whether or not the action
is or has been appealed.
(7)
] Nothing in these regulations
shall imply that an IID which was approved under an earlier version of these
regulations is no longer approved because of revisions to these regulations,
except for legislated requirements such as in subsection
(e)
[
(d)
] of this section or changes in technology as referred to in §19.24
(b)(2) of this title (relating to Miscellaneous Requirements) and §19.26
(b)(2) of this title (relating to Approval, Denial, and Withdrawal of Approval).
scientific director
].
and uncertain
]
results shall not exceed 5.0%.
scientific director
].
or with
appropriate judiciary order, as much as 0.02 higher than
] the startup
set point. In order to alert the driver that a retest is to be required, a
[
3 minute
] warning light and/or tone shall come on. The driver
will then
be afforded sufficient time
[
have 3 minutes
]
to retest. If the engine is intentionally or accidentally shutdown after or
during the [
3 minute
] warning but before retesting, the
free
[
retest clock shall not be reset. Retesting takes priority
over free restarts (see §19.21(20)) of this title (relating to Explanation
of Terms and Actions). Free
] restart shall not be operative [
when
the IID is awaiting a rolling retest
]. The failure to take a retest
shall be recorded in the data storage system as a violation.
other month
] or more
frequently if the need arises.
the appropriate
judiciary authority shall be notified in writing and
] these records
shall be made available
to the appropriate judicial authority and
upon request to the
department
[
scientific director
].
two minutes
] after the ignition has been shut
off, without requiring a further alcohol analysis. [
The free restart
function shall be checked during each routine inspection.
]
scientific director
] may
impose additional requirements, as needed, depending upon design and functional
changes in device technology.
Product warranty
].
The manufacturer shall [
provide a warranty of performance to
]
ensure responsibility for [
support for
] service
support
within a maximum of 48 hours after notification of a reported malfunction.
This support shall be in effect during the period the device is required to
be installed in a motor vehicle.
scientific
director
]. This does not include replacement or substitution of repair
parts to maintain the device nor software changes that do not modify the operational
concept of the device.
label containing the following
language
] shall be affixed to each device: [
"Any individual tampering,
circumventing, or misusing this device shall be subject to prosecution and/or
civil liability."
]
scientific director
] to ensure that
the device functions properly and reliably.
other month
] and more frequently, if necessary, as specified
by the
department or the
appropriate
judicial
[
judiciary
] authority [
or the scientific director
]. This maintenance
and calibration check will be performed by a certified IID service center
as described in § 19.27 of this title (relating to Certification and
Inspection of Service Centers).
for any reason
], the device shall be
subjected to a calibration confirmation
test. The test result described
herein shall verify the accuracy of the IID to be within plus or minus 0.010
g/210 liters of the reference sample predicted value.
The data storage system entry described
]
in subsection (b)(1)(B) of this section
that information
shall
be
made available to the appropriate judicial authority
[
unique
to indicate a simulated result, not an actual breath sample
].
device fail the
] calibration confirmation
test
referred to in subsection (b)(1)(B) of this section
not agree
within plus or minus 0.010 g/210 liters of the reference sample predicted
value, the device shall be recalibrated so as to restore the accuracy described
in subsection (b)(1)(A) of this section before the device may be returned
to service
[
, that information shall be forwarded, with sufficient
explanation to the appropriate judiciary authority
].
Documentation
] and
calibration
records [
of periodic checks
] shall be maintained
by the manufacturer, the manufacturer's representative, and/or the vendor
and shall be provided upon request to the
department
[
office
of the scientific director
] and/or any appropriate
judicial
[
judiciary
] authority.
,
] at any time [
of routine inspection,
or at any other time,
] the device fails to meet the provisions of this
section, the device shall be removed from service or calibrated and/or repaired,
and [
the vendor or manufacturer's representative shall notify, in writing,
the appropriate judiciary authority and
] these records shall be made
available
to the appropriate judicial authority and
upon request
to the
department
[
scientific director
].
judiciary
]
authority that service will be terminated within 60 days, and then removing
the devices at no cost to the clients in question.
and
] ignition interlock device will be approved by brand
and/or model and will be placed on a list of approved devices. Notification
of approval shall be made in writing to the manufacturer. It will be the responsibility
of the manufacturer to provide proof that each individual device installed
in any motor vehicle meets or exceeds the minimum standards of these regulations
and is the same model and/or class approved by the
department
[
scientific director
]. It will further be the responsibility of the manufacturer
to provide expert or other required testimony in any civil or criminal proceedings
as to the method of manufacture of the device, how said device functions,
and the testing protocol by which the device was approved. In the event it
should become necessary for the
department
[
scientific director
] to provide testimony in any civil or criminal procedures involving
the approval or use of the device, the manufacturer shall reimburse the department
for any costs incurred in providing such testimony. Failure to provide this
reimbursement shall result in withdrawal of approval for the device.
scientific director
] if:
scientific director
].
scientific director
] for approval.
The application, available from the
department
[
scientific
director
], shall show the
physical location of the service center,
the
brand and/or model of the ignition interlock device(s) to be merchandised
and the reference sample device(s) to be used. The application shall also
contain a statement acknowledging permission from the IID manufacturer to
vend the IID described by the application
[
, the reference sample
device to be used, and a list of qualified service representatives that are
or will be certified
]. Only IIDs listed on the approved list referenced
in §19.22(a) of this title (relating to Procedure for Device Approval)
may be merchandised. A vendor applying for certification of an IID service
center must agree to:
product warranty and support of service
] requirements.
Services rendered by the IID service center must be performed
by a certified service representative
].
The service center must incorporate the use of analysis of a reference
sample such as headspace gas from a mixture of water and a known weight of
alcohol at a known temperature, the results of which must agree with the reference
sample predicted value within plus or minus 0.01g/210L, or other methodologies
that may be approved by the scientific director. This reference analysis shall
be performed in conjunction with all calibration confirmations and/or checks.
Preparatory documentation (such as certificate of analysis) on the reference
sample solution(s) shall be available to the scientific director. Only reference
sample devices approved by the scientific director may be used in certified
IID operations.
]
scientific director;
]
including but not limited to:
judiciary
] authority
when
requested
[
, not later than 48 hours after the vendor discovers
the violation
],
installation
],
judiciary
] authority
and upon request to the
department
[
scientific director
].
The scientific director, an
] IID
inspector [
,
] or a designated representative
of the department
may at any time make an inspection of the certified IID service center
to
ensure
[
assure
] compliance with these regulations.
scientific
director
]. Issuance of a certificate to the service center shall be
evidence that the service center meets all necessary criteria for approval
and certification.
Prior to issuance of the certification, an on-site
evaluation may be required by the department to ensure compliance with the
provisions of this section.
any
] IID
service center
[
testing program
] is contingent upon the applicant's
agreement to conform and abide by any directives, orders, or policies issued
or to be issued by the
department
[
scientific director
]
regarding any aspect of the IID service center; this shall include, but not
be limited to, the following:
Each service center currently doing business on the
effective date of these regulations, will have ninety days to apply for and
meet the requirements of service center certification, the department's capacity
to conduct the certification process not withstanding.
]
(i)
]
Certification of an IID service center may
be denied, withdrawn, inactivated, suspended, or revoked by the
department
[
scientific director
] if a vendor, service center, service
representative, or IID equipment fails to meet all criteria stated in this
section, or if the vendor violates any law of this state that applies to the
vendor. An IID service center whose
pending application for
certification
has been denied,
or an IID service center whose certification has been
withdrawn, inactivated,
suspended or revoked may appeal such action
in writing to the director, [
Texas Department of Public Safety,
]
who will decide whether the action of the
department
[
scientific
director
] will be affirmed or set aside. The director may
allow
the pending application for certification of the IID service center, or the
director may
reinstate certification of the IID service center
appealing the withdrawal, inactivation, suspension or revocation of certification
under such conditions deemed necessary
[
making the appeal under
such conditions deemed necessary and notify the scientific director in writing
].
scientific director
] may waive portions of subsection (a)(1)(B) of this
section and require only that instruction needed to acquaint the applicant
with proper operation of the new brand and/or model of equipment.
scientific director
] will
issue the individual a service representative's certificate valid [
for
a specific, approved IID(s), and
] for a period of time designated by
the
department
[
scientific director
] unless
certification
is withdrawn,
inactivated, suspended, or revoked.
scientific director
]
will issue the individual a service representative's certificate valid [
for a specific, approved IID(s) and
] for a period of time designated
by the
department
[
scientific director
] or until next
renewal unless
certification is withdrawn,
inactivated, suspended,
or revoked.
(5)
Each service representative
currently doing business on the effective date of these regulations, will
have ninety days to apply for and meet the requirements of service representative
certification, the department's capacity to conduct the certification process
not withstanding.]
Recertification. Certification
that has been inactivated, suspended, or revoked must be regained before IID
service representative work can be resumed. It will be the responsibility
of the inactivated, suspended, or revoked service representative to notify
the scientific director in writing of such intent. This notification shall
be submitted in close proximity to the completion of any mandatory waiting
period imposed under certification cancellation. An IID service representative
whose certification has been suspended or revoked may appeal such action in
writing to the director, Texas Department of Public Safety, who will decide
whether the action of the scientific director will be affirmed or set aside.
The director may reinstate certification of the IID service representative
making such appeal under such conditions deemed necessary and notify the scientific
director in writing.
]
shall take place pursuant to all the requirements of subsection
(b) of this section
].
meeting
the formal education and training requirements of Subchapter A, §19.5
of this title (relating to Technical Supervisor Certification), and
]
an
] IID inspector
training
[
examination
] that is approved by the
department
[
scientific director
], the content of which shall include,
but not be limited to familiarity with:
(b)
Certification.]
(1)
Upon satisfactory proof to the scientific director
by the applicant that the minimum qualifications set forth in subsection (a)
of this section have been met, the scientific director will issue certification
that will be valid unless inactivated, suspended, or revoked for cause.]
(2)
IID inspector certification may be voluntarily
inactivated when it is no longer needed or automatically if the IID inspector
fails to maintain the requirements set forth in subsection (a)(4) of this
section.]
(3)
IID inspector certification may be suspended
or revoked only by the scientific director for malfeasance, falsely or deceitfully
obtaining certification, or failure to carry out the responsibilities set
forth in these regulations.]
(4)
An IID inspector whose certification has been
suspended or revoked may appeal such action in writing to the director, Texas
Department of Public Safety, who will decide whether the action of the scientific
director will be affirmed or set aside. The director may reinstate certification
of the IID inspector making such appeal under such conditions deemed necessary
and notify the scientific director in writing.]
(c)
Certificate. The issuance
of a certificate to the IID inspector shall be evidence that the IID inspector
has met the requirements for certification.]
(d)
] Duties. A certified IID inspector
will make an onsite inspection of each service center as needed
or as
directed by the department.
Such an inspection will include but not
be limited to:
(e)
] Costs. Vendors shall reimburse
the department for the reasonable cost of conducting each inspection of the
vendor's facilities under this section.
(1)
The optimal number of inspections
per certified service center per year shall be two.]
(2)
The minimal number of inspections
per certified service center per year shall be one.]
(3)
] The department may conduct
more inspections for cause, such as complaints from judicial, adult supervision,
or clients at additional cost to the service center being inspected.
(4)
] The calculated cost per inspection
will be standardized throughout the IID program unless there are individual
vendor circumstances that require additional costs to the department and will
consequently be passed through to the affected vendor(s).
Chapter 23.
VEHICLE INSPECTION
a
] building; and
part
] or full-time
for business. Personal vehicles will be inspected in public vehicle inspection
stations.
care
] make ready."
part
]
or full-time for business.
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Because the Open Meetings Act prohibits deliberation on items
that are not posted, however, the board does not provide for public presentation
on non-posted issues.
] Persons outside the agency who wish to have items
placed on the board agenda are invited to follow the procedure in subsection
(d) of this section.
On an annual basis, ordinarily in the July meeting
of the board, an opportunity shall be provided for public presentations on
issues that are not part of the board's posted agenda. Annual public presentations
shall be:
Statements concerning items
that are part of the board's posted agenda.
] Persons who desire to make
presentations to the board [
concerning matters on the agenda for a scheduled
board meeting or subcommittee meeting
] shall complete registration cards
which shall be made available at the entry to the place where the board's
scheduled meeting is to be held.
Completed registration cards must be
provided to the executive assistant to the chairman at least 10 minutes prior
to the posted time for the beginning of the meeting.
The registration
cards shall include blanks in which all of the following information must
be disclosed:
which
] the person wishes to discuss before the board;
Discretion of the
chairman of the board.
] The chairman of the Texas Board of Criminal
Justice shall have discretion in setting reasonable limits on the time to
be allocated for each presentation. If several persons wish to address the
board on the same agenda item, it shall be within the discretion of the chair
to request that persons who wish to address the same side of the issue coordinate
their comments, or limit their comments to an expression
of support
for views previously articulated by persons speaking on the same side
of an issue. The chairman shall provide
an
opportunity for
presentation by
[
testimony of
] a person who has submitted
a registration card prior to the
board's
[
board
] taking
action on the item that the person indicates a wish to discuss
, if the
presentation applies to an item on the agenda
.
bring issues
before the board
] shall address their request to the Chairman, Texas
Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Such requests
should be submitted at least 50 days in advance of the board meeting. The
decision whether to calendar a matter for discussion before the full board,
a board committee, a board liaison, or with a designated staff member, shall
be within the discretion of the chairman.
disrupts
] a meeting must leave the meeting room if ordered
to do so by the chairman.
Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
who
already holds a commission
] license
has expired
, an agency
shall ensure that the person meets the current minimum standards for licensure.
statement
] by the applicant:
such
] affidavit may be maintained by the agency while
awaiting the return of completed applicant fingerprint card.
March
] 1, 2002.
(f) and
] (g) before
they may be appointed.
(f) and
]
(g) before they may be appointed.
March
] 1, 2002.
Chapter 221.
PROFICIENCY CERTIFICATES AND OTHER POST-BASIC LICENSES