Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter H. PROFESSIONAL CONDUCT
37 TAC §1.114
The Texas Department of Public Safety adopts an amendment
to §1.114, concerning Major Infraction Applicable to Any Member, without
changes to the proposed text as published in the March 22, 2002, issue of
the
Texas Register
(27 TexReg 2202).
Amendment to the section adds new paragraph (14) which is necessary as
a result of the passage of Tex. S.B. 1074, Acts 2001, 77th Leg., R.S. ch.
947, §1, which prohibits a peace officer from engaging in racial profiling
and grants rulemaking authority to the Texas Department of Public Safety.
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.
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 May 23, 2002.
TRD-200203215
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 12, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 424-2135
Subchapter A. ADMINISTRATIVE LICENSE REVOCATION
37 TAC §§17.2 - 17.4, 17.6, 17.13, 17.15
The Texas Department of Public Safety adopts amendments to §§17.2-17.4,
17.6, 17.13 and 17.15, concerning Administrative License Revocation, without
changes to the proposed text as published in the March 22, 2002, issue of
the
Texas Register
(27 TexReg 2205).
The amendments are necessary to incorporate recent changes to Texas Transportation
Code, Chapters 524 and 724 resulting from the passage of Tex. H.B. 63, Acts
2001, 77th Leg., R.S., ch. 444. Revisions to certain definitions contained
in §17.2 were also required to reflect changes in other departmental
rules. In addition, language regarding the collection of the reinstatement
fee following a disqualification has been deleted in §17.15.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §524.002
and §724.003, which provide that the department may adopt rules to administer
those chapters.
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 May 23, 2002.
TRD-200203214
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 12, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 424-2135
Chapter 141.
GENERAL PROVISIONS
Subchapter A. BOARD OF PARDONS AND PAROLES
37 TAC §§141.3, 141.5, 141.7
The policy board of the Texas Board of Pardons and Paroles
adopts amendments to 37 TAC §§141.3, 141.5, and 141.7, concerning
the general conditions for the governance of the Board of Pardons and Paroles.
The amendments are adopted without changes as published in the March 22, 2002,
issue of the
Texas Register
(27 TexReg 2207).
The text of the rule will not be republished.
The Board of Pardons and Paroles has adopted these amendments in order
to conform the rules to statutory language and to clarify language in regard
to the duties of the policy board.
Gerald Garrett, the Chair of the Board, has determined that, for the first
five-year period the amended rules are in effect, no fiscal implications exist
for state or local government as a result of enforcing or administering these
sections. No anticipated economical corollary exists to small businesses or
persons required to comply with the rule amendments.
Mr. Garrett has also determined that the public benefit anticipated as
a result of these amended rules will be a clarification of the rules relating
to the governance of the board.
No comments were received regarding the adoption of the amendments to the
rules.
The amended rules are adopted under §508.036, Government
Code, relating to the policy board's duty to adopt rules concerning the decision-making
processes used by the board and parole panels.
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 May 22, 2002.
TRD-200203150
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 11, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
37 TAC §141.71
The policy board of the Texas Board of Pardons and Paroles
adopts an amendment to 37 TAC §141.71, concerning the general conditions
for the governance of the Board of Pardons and Paroles. The amendment is adopted
without changes as published in the March 22, 2002, issue of the
Texas Register
(27 TexReg 2208). The text of the rule will not be republished.
The Board of Pardons and Paroles has adopted this amendment in order to
update the statutory citation in this section.
Gerald Garrett, the Chair of the Board, has determined that, for the first
five-year period the amended rule is in effect, no fiscal implications exist
for state or local government as a result of enforcing or administering the
section. No anticipated economical corollary exists to small businesses or
persons required to comply with the rule amendment.
Mr. Garrett has also determined that the public benefit anticipated as
a result of this amended rule will be a correction of the statutory citation
to the Public Information Act.
No comments were received regarding the adoption of the amendment to the
rule.
The amended rule is adopted under §508.036 and §508.044,
Government Code, relating to the policy board's duty to adopt rules concerning
the decision-making processes used by the board and parole panels.
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 May 22, 2002.
TRD-200203151
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 11, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
37 TAC §141.82
The policy board of the Texas Board of Pardons and Paroles
adopts an amendment to 37 TAC §141.82, concerning the general conditions
for the governance of the Board of Pardons and Paroles. The amendment is adopted
without changes as published in the March 22, 2002, issue of the
Texas Register
(27 TexReg 2208). The text of the rule will not be republished.
The Board of Pardons and Paroles has adopted this amendment in order to
update the statutory citation in this section.
Gerald Garrett, the Chair of the Board, has determined that, for the first
five-year period the amended rule is in effect, no fiscal implications exist
for state or local government as a result of enforcing or administering the
section. No anticipated economical corollary exists to small businesses or
persons required to comply with the rule amendment.
Mr. Garrett has also determined that the public benefit anticipated as
a result of this amended rule will be the update of the statutory citation.
No comments were received regarding the adoption of the amendment to the
rule.
The amended rule is adopted under §§508.036, 508.044,
and 508.084, Government Code. The Board interprets §508.036 and §508.044
as authorizing the policy board to adopt reasonable rules relating to the
decision-making processes used by the board and parole panels. The Board interprets §508.084
as authorizing the Board to require attorneys who represent offenders to submit
fee affidavit forms.
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 May 22, 2002.
TRD-200203152
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 11, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
Subchapter B. TERMS AND CONDITIONS OF PAROLE
37 TAC §145.27
The policy board of the Texas Board of Pardons and Paroles
adopts an amendment to 37 TAC §145.27, concerning the conditions and
rules of parole. The amendment is adopted without changes as published in
the March 22, 2002, issue of the
Texas Register
(27 TexReg 2209). The text of the rule will not be republished.
The Board of Pardons and Paroles has adopted this amendment in order to
conform this section to the revised parole certificate.
Gerald Garrett, the Chair of the Board, has determined that, for the first
five-year period the amended rule is in effect, no fiscal implications exist
for state or local government as a result of enforcing or administering the
section. No anticipated economical corollary exists to small businesses or
persons required to comply with the rule amendment.
Mr. Garrett has also determined that the public benefit anticipated as
a result of this amended rule will be to clarify that a standard requirement
exists that all offenders participate in the Texas Department of Public Safety
Personal Identification Program.
No comments were received regarding the adoption of the amendment to the
rule.
The amended rule is adopted under §508.036 and §508.044,
Government Code, relating to the policy board's duty to adopt rules concerning
the decision-making processes and conditions of parole or mandatory supervision
used by the board and parole panels.
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 May 22, 2002.
TRD-200203153
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: June 11, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 406-5458
Chapter 429.
MINIMUM STANDARDS FOR FIRE INSPECTORS
37 TAC §429.5, §429.7
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §429.5 and §429.7, concerning minimum standards for intermediate
and advanced fire inspector certifications with changes to the text published
in the March 1, 2002, issue of the
Texas Register
(27 TexReg 1468). The term "listed" is replaced with "contained" in §§429.5(a)(2),
429.5(a)(2)(C), 429.7(a)(2), and 429.7(a)(2)(C).
The result of enforcing the amendments will be an increase in the number
of eligible applicants for advanced certifications.
The amendments add a fourth option for meeting course requirements for
each certification.
No comments were received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to adopt rules for the administration
of its powers and duties, Texas Government Code, §419.022, which provides
the TCFP with the authority to establish minimum training standards for fire
protection personnel in advanced or specialized fire protection personnel
positions, and Texas Government Code, §419.032, which provides the TCFP
with authority to establish standards for employment as fire protection personnel.
§429.5.Minimum Standards for Intermediate Fire Inspector Certification.
(a)
Applicants for Intermediate Fire Inspector Certification
must complete the following requirements:
(1)
hold as a prerequisite a Basic Fire Inspector Certification
as defined in §429.3 of this title (relating to Minimum Standards for
Basic Fire Inspector Certification);
(2)
acquire a minimum of four years of fire protection experience
and complete the courses contained in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses contained in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete any combination of courses
that lead to International Fire Service Accreditation Congress (IFSAC) certification
that total 96 recommended hours or more in the Commission curricula. Evidence
of completion of the appropriate courses shall be a certification from the
Commission or a valid documentation from another jurisdiction of accreditation
from IFSAC. Option 4 may not be combined with any of the above options to
obtain this certification. See exception outlined in subsection (d) of this
section.
(b)
College level courses from both the upper and lower division
may be used to satisfy the education requirement for Intermediate Fire Inspector
Certification.
(c)
Non-traditional credit awarded at the college level, such
as credit for experience or credit by examination obtained from attending
any school in the commission's document titled "Commission Certification Curriculum
Manual" or for experience in the fire service, may not be counted toward higher
levels of certification.
(d)
The training required in this section must be in addition
to any training used to qualify for any lower level of Fire Inspector Certification.
Repeating a course or course of similar content cannot be used towards higher
levels of certification.
§429.7.Minimum Standards for Advanced Fire Inspector Certification.
(a)
Applicants for Advanced Fire Inspector certification must
complete the following requirements:
(1)
hold as a prerequisite an Intermediate Fire Inspector Certification
as defined in §429.5 of this title (relating to Minimum Standards for
Intermediate Fire Inspector Certification);
(2)
acquire a minimum of eight years of fire protection experience
and complete the courses contained in one of the following options:
(A)
Option 1--Successfully complete six semester hours of fire
science or fire technology from an approved Fire Protection Degree Program
and submit documentation as required by the Commission that the courses comply
with subsections (c) and (d) of this section; or
(B)
Option 2--Complete a minimum of 96 hours of instruction
in any National Fire Academy courses; or
(C)
Option 3--Successfully complete three semester hours of
college courses contained in Option 1 and a minimum of 48 hours in any National
Fire Academy courses.
(D)
Option 4--Successfully complete any combination of courses
that lead to International Fire Service Accreditation Congress (IFSAC) certification
that total 96 recommended hours or more in the Commission curricula. Evidence
of completion of the appropriate courses shall be a certification from the
Commission or a valid documentation from another jurisdiction of accreditation
from IFSAC. Option 4 may not be combined with any of the above options to
obtain this certification. See exception outlined in subsection (d) of this
section.
(b)
College level courses from both the upper and lower division
may be used to satisfy the education requirement for Advanced Fire Inspector
Certification.
(c)
Non-traditional credit awarded at the college level, such
as credit for experience or credit by examination obtained from attending
any school in the commission's document titled "Commission Certification Curriculum
Manual" or for experience in the fire service, may not be counted toward higher
levels of certification.
(d)
The training required in this section must be in addition
to any training used to qualify for any lower level of Fire Inspector Certification.
Repeating a course or course of similar content cannot be used towards higher
levels of certification.
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 May 20, 2002.
TRD-200203100
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 9, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 239-4921
Chapter 17.
ADMINISTRATIVE LICENSE REVOCATION
Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
Subchapter C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF INMATES
Subchapter D. REGISTRATION OF VISITORS AND FEE AFFIDAVITS
Chapter 145.
PAROLE
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 461.
GENERAL ADMINISTRATION