Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter I. FEES FOR COPIES OF RECORDS
37 TAC §1.125
The Texas Department of Public Safety adopts the repeal of §1.125,
concerning Statistical Services Bureau Fees, without changes to the proposed
text as published in the November 2, 2001, issue of the
Texas Register
(26 TexReg 8760) and will not republish it.
The section is repealed since it is outdated and does not follow the General
Services Commission's policy for the release of accident information in bulk.
This adoption is filed simultaneously with the adoption of a new §1.125
that will make the fee for the sale of accident reports consistent with statute.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work.
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 February 4, 2002.
TRD-200200675
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
37 TAC §1.125
The Texas Department of Public Safety adopts new §1.125,
concerning Accident Records Bureau Fees, without changes to the proposed text
as published in the November 2, 2001, issue of the
Texas Register
(26 TexReg 8760) and will not republish it.
New §1.125 places into rule the department's current business policies
regarding the sale of accident reports and accident information. The section
further makes the sale of accident reports consistent with the statutory fee
of $6.00 as a result of the passage of Tex. H.B. 1544, Acts 2001, 77th Leg.,
R.S., ch. 1032, §5.
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.
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 February 4, 2002.
TRD-200200676
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
Subchapter C. THREATS AGAINST PEACE OFFICER
37 TAC §§5.31 - 5.38
The Texas Department of Public Safety (DPS) adopts new Subchapter
C, §§5.31-5.38, relating to Threats Against Peace Officer, without
changes to the proposed text as published in the November 2, 2001, issue of
the
Texas Register
(26 TexReg 8761) and will
not republish them.
The new sections are necessary as a result of the passage of Tex. H.B.
776, Acts 2001, 77th Leg., R.S., ch. 474, §3. The new sections promulgate
the policies and procedures requiring law enforcement agencies that have determined
that some individual that has made a threat against a police officer to report
that incident according to department rules.
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 Government Code, §411.048(c),
(e), and (i) which provide that the director of the department shall adopt
rules, subject to commission approval, to prescribe the form and manner to
be used by a criminal justice agency reporting to the department its determination
of a serious threat against a peace officer, to prescribe how an agency may
use information disseminated to it by the department, and to require compliance
with general federal intelligence guidelines.
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 February 4, 2002.
TRD-200200677
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
Subchapter C. EXAMINATION REQUIREMENTS
37 TAC §15.59
The Texas Department of Public Safety adopts an amendment
to §15.59, concerning Examination Requirements, without changes to the
proposed text as published in the November 2, 2001, issue of the
Texas Register
(26 TexReg 8764) and will not republish it.
Section 15.59 is amended to place into rule the department's current business
policies regarding alternate methods of conducting driver license renewal
and duplicate transactions. Amendments to the section will comply with Tex.
H.B. 1762, Acts 2001, 77th Leg., R.S., ch. 866, §2, which authorizes
duplicate driver license and identification certificate transactions via alternate
methods.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200678
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
37 TAC §15.88
The Texas Department of Public Safety adopts new §15.88,
relating to Driver Improvement, Surrender of Driver Licenses without changes
to the proposed text as published in the November 2, 2001, issue of the
The new section promulgates the policies and procedures necessary to address
the demand procedure for the surrender of suspended, cancelled, revoked, disqualified,
or denied driver licenses. The section further establishes conditions under
which an individual may still retain physical possession of a driver license
for identification purposes only. The new section is necessary due to the
passage of Tex. S.B. 671, Acts 2001, 77th Leg., R.S., ch. 933, §1.
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 Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200679
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
Subchapter A. LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS
37 TAC §§16.8, 16.9, 16.14
The Texas Department of Public Safety adopts amendments to §16.8, §16.9,
and new §16.14, concerning Licensing Requirements, Qualifications, Restrictions,
And Endorsements, without changes to the proposed text as published in the
November 2, 2001, issue of the
Texas Register
(26
TexReg 8766) and will not republish them.
Section 16.8 is amended to add the procedure for a commercial driver license
(CDL) applicant to apply for a vision or limb waiver exemption from the Federal
Motor Carrier Safety Administration.
Amendment to §16.9 moves the responsibility for the intrastate vision
waiver program from the Traffic Law Enforcement (TLE) Motor Carrier Section
to the Driver License Division (DLD) License Issuance CDL Section; creates
evaluation criteria for an applicant's driver history prior to the issuance
of a vision waiver consistent with federal guidelines and methodologies in
other states; and eliminates the issuance of a limb waiver by the department.
New §16.14 promulgates the policies and procedures necessary for a
commercial driver license applicant to apply for a limb waiver through the
Federal Motor Carrier Safety Administration.
No comments were received regarding adoption of the amendments or new section.
The amendments and new section 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, §522.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200680
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
37 TAC §16.34
The Texas Department of Public Safety adopts an amendment
to §16.34, concerning Application Requirements and Examinations, without
changes to the proposed text as published in the November 2, 2001, issue of
the
Texas Register
(26 TexReg 8768) and will
not republish it. Section 16.34 is amended to place into rule the Driver License
Division's (DLD) current policies regarding the Commercial Driver License
(CDL) skills test waiver procedure. The amendment clarifies that the skills
waiver test does not apply to an applicant obtaining a "P" endorsement (passenger)
and that the skills test must be taken in a bus meeting the requirements of
the CDL applied for.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §522.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2002.
TRD-200200681
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 24, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
Chapter 5.
CRIMINAL LAW ENFORCEMENT
Chapter 15.
DRIVERS LICENSE RULES
Subchapter D. DRIVER IMPROVEMENT
Chapter 16.
COMMERCIAL DRIVERS LICENSE
Subchapter B. APPLICATION REQUIREMENTS AND EXAMINATIONS
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS