Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter D. PUBLIC INFORMATION POLICIES
37 TAC §§1.51 - 1.58
The Texas Department of Public Safety adopts amendments to §§1.51-1.58,
concerning Public Information Policies, without changes to the proposed text
as published in the January 31, 2003, issue of the
Texas Register
(28 TexReg 908) and will not be republished.
Amendment to §1.51 is necessary because some of the information that
peace officers and other department employees have access to is confidential.
The previous rule provided department employees with discretion over the release
of information. After certain changes were made to the Texas Public Information
Act, employees are now expected to refer these type calls to the Public Information
Office instead of answering them on their own.
Amendments to §§1.52, 1.53, and 1.56-1.58 are necessary for clarification
purposes only and are not substantive in nature. Amendment to §1.54 is
necessary because the rule as previously adopted was incomplete. Amendment
to §1.55(a) was necessary for clarification purposes only and was not
substantive in nature.
One written comment was received by the department. The written comment
was received from Mr. Ronald D. Stevens of Graham, Texas.
Mr. Stevens comment as well as the department's response thereto, is summarized
below:
COMMENT: Mr. Stevens inquired whether the Public Information Office would
answer questions from the general public, as well as from the news media.
RESPONSE: The department's Public Information Office will continue to answer
questions from the general public, as well as from the news media. No changes
were made as a result of this comment.
The amendments are adopted pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302147
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §1.60
The Texas Department of Public Safety adopts the repeal of §1.60,
concerning Requests for Department of Public Safety Press Cards, without changes
to the proposed text as published in the January 31, 2003, issue of the
Repeal of the section is necessary due to the director having determined
that the issuance of press cards is not necessary for the department's accomplishment
of its statutory responsibilities nor does this program substantially enhance
the department's accomplishment of those responsibilities.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302145
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §1.71
The Texas Department of Public Safety adopts an amendment
to §1.71, concerning Videotapes and Photographs, without changes to the
proposed text as published in the January 31, 2003, issue of the
Texas Register
(28 TexReg 910) and will not be republished.
Amendment to the section is necessary to clarify that the department will
make documents which are requested by the public available to them under the
guidelines of the Texas Public Information Act.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302146
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §1.285
The Texas Department of Public Safety adopts an amendment
to §1.285(1), concerning the order in which vouchers for video units
will be awarded to law enforcement agencies for the purpose of installing
video and audio equipment as described by Article 2.135(a)(1)(A) of the Texas
Code of Criminal Procedure, without changes to the proposed text as published
in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12165).
The purpose of the amendment to §1.285(1) is to have the rule more
closely reflect what the department believes is the legislative intent regarding
Article 2.137(a) of the Texas Code of Criminal Procedure. Therefore, §1.285(1)
is amended to include marshals of an incorporated city, town, or village that
are the primary law enforcement agency in their jurisdiction.
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; Article 2.137(a) of the Texas Code
of Criminal Procedure, which requires the department to adopt rules for providing
funds or video and audio equipment to law enforcement agencies for the purpose
of installing video and audio equipment as described by Article 2.135(a)(1)(A)
of the Texas Code of Criminal Procedure, including specifying criteria to
prioritize funding or equipment provided to law enforcement agencies; and
Article 2.138 of the Texas Code of Criminal Procedure, which authorizes the
department to adopt rules to implement Articles 2.131-2.137 of the Texas Code
of Criminal Procedure.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302135
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-2135
Subchapter A. COMMERCIAL VEHICLE REGISTRATION ENFORCEMENT
37 TAC §11.3, §11.4
The Texas Department of Public Safety adopts amendments to §11.3
and §11.4, relating to Commercial Vehicle Registration, without changes
to the proposed text as published in the December 27, 2002, issue of the
§11.3 is amended so that the current Texas Transportation Code chapter
that addresses vehicle registration is reflected in the rule.
Amendment to §11.4 is necessary in order to update the definition
of the term "apportionable vehicle."
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 Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302136
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-2135
37 TAC §11.52
The Texas Department of Public Safety adopts an amendment
to §11.52, relating to Commercial Vehicle Registration, without changes
to the proposed text as published in the December 27, 2002, issue of the
Amendment to §11.52 is necessary in order to cite to an additional
section of Texas Transportation Code, Chapter 621.
No comments were received regarding adoption of the amendment.
The amendment is 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 Government Code, §2001.039.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302137
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-2135
Subchapter A. LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS
37 TAC §16.13
The Texas Department of Public Safety adopts an amendment
to §16.13, concerning Farm-Related Service Industry Waiver, without changes
to the proposed text as published in the December 27, 2002, issue of the
§16.13(c)(4)(D) is amended to delete the specific listing of serious
traffic violations and replace the listing with the appropriate Texas Transportation
Code, §522.003(25). This will allow for the rule to track legislative
changes without further amendments.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §522.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302138
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-2135
37 TAC §16.41
The Texas Department of Public Safety adopts the repeal of §16.41,
concerning Nonresident Commercial Driver Licenses, without changes to the
proposed text as published in the December 27, 2002, issue of the
Texas Register
(27 TexReg 12169) and will not be republished.
The section is repealed because statutory authority provides for the issuance
of a Nonresident Commercial Driver License at the discretion of the department.
Therefore, this does not need to be restated by rule.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §522.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 1, 2003.
TRD-200302139
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 21, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 424-2135
Subchapter E. VIDEOTAPES AND PHOTOGRAPHS
Subchapter W. SENATE BILL 1074 VIDEO UNITS
Chapter 11.
COMMERCIAL VEHICLE REGISTRATION
Subchapter D. WEIGHT LAW ENFORCEMENT
Chapter 16.
COMMERCIAL DRIVERS LICENSE
Subchapter B. APPLICATION REQUIREMENTS AND EXAMINATIONS
Subchapter C. CHANGE OF LICENSE STATUS, RENEWALS, SURRENDER OF LICENSE, FEES