Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter G. BOMB THREATS
37 TAC §1.101
The Texas Department of Public Safety proposes an amendment
to §1.101, concerning Bomb Threats. Amendment to the section adds explosive
ordinance disposal units from local law enforcement agencies to the list of
agencies the department will contact in those instances where a discovered
bomb must be removed.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the amendment 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 amendment is in effect the public benefit anticipated as a result
of enforcing the amendment will be to ensure public safety. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Captain John Reney, Traffic
Law Enforcement Division, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-5996.
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.
Texas Government Code, §411.004(3) is affected by this proposal.
§1.101.Response to Bomb Threats.
(a)
The primary responsibility for police action designed to
search for a reported bomb at any location, other than premises occupied by
the
Department of Public Safety
[
(b)
The department will not train and equip bomb disposal squads.
As a matter of policy, we will depend on the explosive ordinance disposal
service available from military installations
or local law enforcement
agencies,
to remove a discovered bomb in those instances where we must
accept the responsibility for its removal.
(c)
(No change.)
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 June 27, 2003.
TRD-200303963
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 10, 2003
For further information, please call: (512) 424-2135
37 TAC §§32.1 - 32.3
The Texas Department of Public Safety proposes amendments
to §32.1, and new §32.2 and §32.3, concerning Bicycles--Use
and Safety. Amendments to the section changes the title of the chapter from
Bicycle Safety and Education Program to Bicycles--Use and Safety. The title
change and new §32.2 are necessary in order to include information relating
to the use of electric bicycles as required by Texas House Bill 2204, 77th
Legislature, Regular Session (2001). New §32.3 is filed simultaneously
with the repeal of current §§32.2 - 32.8 and outlines qualifications
for an applicant to be licensed as a course provider; specifies administrative
control of instructors by licensed providers; specifies required curriculum
and materials necessary to provide a course; explains license suspension;
explains procedures by which provider sites may be evaluated; and notes requirements
of providers to make notification of legal action.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the amendments and 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-years
the amendments and rules are in effect the public benefit anticipated as a
result of enforcing the amendments and rules will be the enhancement of bicycle
safety behaviors by children and adults as a result of completing and teaching
the SuperCyclist course. There will be no cost to small or large businesses.
Educational institutions, nonprofit organizations, state agencies, or local
governments may apply to the department for a license to provide the course.
There is no cost for the provider license. The provider will then be responsible
for securing qualified instructors to teach the SuperCyclist course. The cost
to the public for the SuperCyclist course is unknown and is based upon the
provider's fee which can vary.
Comments on the proposal may be submitted to Clif Burdette, Training Unit
Coordinator, Motorcycle/ATV Safety Training, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0257, (512) 424-2803.
The amendments and new sections are proposed under the authority
of Texas Government Code, §411.004(3), which authorizes the Public Safety
Commission to adopt rules considered necessary for carrying out the department's
work; Health and Safety Code, §758.002(a), which authorizes the department
to adopt rules to implement the statewide bicycle safety education program;
and Texas Transportation Code, §551.106.
Texas Government Code, §411.004(3), Health and Safety Code, §758.002(a),
and Texas Transportation Code, §551.106 are affected by this proposal.
§32.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Bicycle Safety Act--The Bicycle Safety Act is codified
as Health and Safety Code, Chapter 758, Bicycle Safety (House Bill 1978, passed
during the 73rd Legislative Session, 1993). The Bicycle Safety Act requires
the bicycle safety curriculum to address certain areas of knowledge and skill.
It allows the department to issue
certificates of
completion [
(3) - (7)
(No change.)
(8)
Electric Bicycles--A bicycle designed
to be propelled by an electric motor, exclusively or in combination with the
application of human power, cannot attain a speed of more than 20 miles per
hour without the application of human power, and does not exceed a weight
of 100 pounds.
(9)
[
§32.2.Use of Electric Bicycles.
Pursuant to §551.106 of the Transportation Code, a local authority
may prohibit the use of an electric bicycle on a highway used primarily by
pedestrians, such as a sidewalk or a hike and bike trail.
§32.3.Bicycle Safety and Education Program.
(a)
Bicycle Safety Curriculum.
(1)
The Bicycle Safety Act requires that the Bicycle Safety
Education Program curriculum include instruction concerning:
(A)
the safe handling and use of bicycles;
(B)
high risk traffic situations;
(C)
bicycle and traffic handling skills;
(D)
on-bike training;
(E)
correct use of bicycle helmets;
(F)
traffic laws and regulations; and,
(G)
use of hike and bike trails.
(2)
This curriculum developed by the department for teaching
bicycle safety is known as the SuperCyclist Bicycle Safety Course.
(3)
This curriculum may be taught in phases, and each phase
may be taught separately or during the same day. A minimum of one phase shall
be taught as a demonstration or education component. Phases shall be taught
according to the order stated in this section. All three phases are required
for the course to be certified as a SuperCyclist Bicycle Safety Course. The
phases are as follows:
(A)
Phase I (Demonstration)--Traffic Law and Mr. Zamboni Video;
(B)
Phase II (Education)--includes components from Phase I
plus Supercyclist Lesson, Cycle Jeopardy, and Who Else Wears Helmets;
(C)
Phase III (Certification)--includes components from Phase
I and II plus the Safety Inspection and Skill Course component.
(4)
The SuperCyclist Bicycle Safety Course is available for
inspection at the department's Austin Headquarters, in the custody of the
Training Bureau, Bicycle Safety Coordinator.
(5)
Deviations, modifications, additions, and deletions from
the SuperCyclist Bicycle Safety Course by the Bicycle Safety Course Provider
or instructor are not allowed without written permission from the department.
(6)
Non-curriculum materials developed to enhance public awareness
and promotion of the safety program may be distributed as appropriate.
(7)
The instructor to student ratio for classroom instruction
is dependent upon the size of the classroom and the experience of the instructor
teaching seven to ten year old children.
(8)
The instructor to student ratio for the on-bike instruction
is dependent upon the number of instructors and their experience in teaching
seven to ten year old children.
(9)
Whenever riding during the course, all instructors and
students should wear a bicycle helmet:
(A)
that meets Snell Memorial Foundation, American National
Safety Institute (ANSI), or Consumer Protection Service (CPS) standards; and
(B)
has no visible damage.
(10)
Bicycles used in a course must meet all safety requirements
for operation on public roadways; be owned by the student, the course provider
or instructor, or accompanied by written permission to use if owned by another
person or entity; and be of the appropriate size for the student in accordance
with the recommendations of the department's curriculum.
(b)
Bicycle Safety Course Provider.
(1)
Only those entities licensed by the department may offer
the SuperCyclist Bicycle Safety Course to the public. To qualify for a license,
a course provider must apply in writing using the application form supplied
by the department. The course provider must agree to:
(A)
register students, collect and account for student tuition,
if applicable;
(B)
promote the courses to attract students;
(C)
provide insurance coverage for the bicycle safety course
if required by facility provider;
(D)
submit all necessary training records to the department
and maintain records in accordance with the licensing agreements;
(E)
enlist instructors to teach the SuperCyclist Bicycle Safety
Course;
(F)
train instructors to teach the SuperCyclist Bicycle Safety
Course in accordance with the requirements set out in subsection (a) of this
section;
(G)
schedule instructors to teach the SuperCyclist Bicycle
Safety Course;
(H)
monitor the content and quality of the course to assure
compliance with the requirements in subsection (a) of this section;
(I)
provide access to a first aid kit whenever on-bike training
is taking place; and
(J)
accept full legal responsibility for the safe and proper
conduct of the SuperCyclist Bicycle Safety Course.
(2)
All bicycle safety course providers must provide access
to a classroom and on-bicycle training area.
(A)
a suitable classroom must meet the following requirements,
which may be adjusted appropriately for students or instructors that may require
accommodations due to a disability:
(i)
be large enough to comfortably accommodate all students
and instructors;
(ii)
contain at least one adequate seating and writing surface
(if applicable) for each student;
(iii)
contain appropriate support system (desk, table, or podium
if applicable) for the instructor;
(iv)
have audiovisual presentation equipment appropriate to
the curriculum, including a chalkboard or equivalent; and
(v)
not be in a private residence.
(B)
a suitable on-bike training area must meet the following
requirements:
(i)
have a paved surface, including asphalt, concrete, or other
all-weather surface of suitable traction; and
(ii)
be large enough to safely accommodate a bicycle safety
training range layout approved by the department, secure from vehicular and
pedestrian traffic, and free of surface hazards and obstacles.
(3)
The application for a course provider's license will be
denied if:
(A)
the applicant cannot provide sufficient information and
documentation to enable the department to evaluate the applicant's request
for license;
(B)
the applicant knowingly presents or allows to be presented
to the department any false or misleading information relating to a request
for license; or
(C)
the applicant has been convicted or placed on probation
for:
(i)
any felony of this state or any other jurisdiction;
(ii)
any offense involving moral turpitude with a child or
any other minor; or
(iii)
any offense involving tampering with a government record
or driving while intoxicated where the offense occurred within the previous
five years.
(iv)
the department may construe any probation or conviction
which is for a criminal offense arising from a penal provision from another
state, federal, military, or foreign jurisdiction to be its closest equivalent
under the penal provisions of this state.
(4)
A safety course provider's license may be suspended if
the provider, an instructor under control of the provider, or a member of
the provider's organization directly involved with duties involving the training
program:
(A)
fails to continue to meet the requirements of this section;
(B)
has been convicted or placed on probation for:
(i)
any felony of this state or any other jurisdiction;
(ii)
any offense involving moral turpitude with a child or
any other minor; or
(iii)
any offense involving tampering with a governmental record
or driving while intoxicated where the offense occurred within the previous
five years.
(iv)
the department may construe any probation or conviction
which is for a criminal offense arising from a penal provision from another
state, federal, military, or foreign jurisdiction to be its closest equivalent
under the penal provisions of this state.
(C)
knowingly or recklessly disregards or fails to comply with
any departmental rule, written policy, or written procedure regarding the
bicycle safety and education program; or
(D)
knowingly allows an instructor to give, or a student to
receive, classroom or riding instruction if either the instructor or student
exhibits any evidence of, or effects from alcohol or drugs.
(5)
The course provider's license may be canceled if:
(A)
it was based on false or incorrect information or mistake,
such as clerical or other non-substantive errors by either party; or
(B)
if the discrepancy causing a suspension under these administrative
rules has not been corrected within the time limit prescribed by a suspension.
(C)
the course provider has been convicted or placed on probation
for:
(i)
any felony of this state or any other jurisdiction;
(ii)
any offense involving moral turpitude with a child or
any other minor; or
(iii)
any offense involving tampering with a government record
or driving while intoxicated.
(iv)
the department may construe any probation or conviction
which is for a criminal offense arising from a penal provision from another
state, federal, military, or foreign jurisdiction to be its closest equivalent
under the penal provisions of this state.
(c)
Bicycle Safety Instructor.
(1)
No individual may teach the SuperCyclist Bicycle Safety
Program unless they are under administrative control of a licensed bicycle
safety course provider. Each provider may establish their own instructor qualifications;
however, the instructors must meet the following minimum qualifications.
(A)
instructors must agree to teach the SuperCyclist Bicycle
Safety Course in accordance with the department's developed or approved curricula.
(B)
instructors must be:
(i)
trained by the provider in the proper conduct of the SuperCyclist
Bicycle Safety Course;
(ii)
free from addiction to the use of alcoholic beverages
or drugs; and
(iii)
physically and mentally competent to conduct classroom
and on-bike instruction, including riding demonstrations.
(2)
Approval as an instructor may be suspended or canceled
as determined necessary by the course provider. The department recommends
that the course provider deny an instructor's approval if it was based on
false or incorrect information or mistake.
(3)
Instructors may not complete, issue, or validate a certificate
or course completion to a person not successfully completing all of the course.
A period of absence for any portion of scheduled course instruction will require
that student to repeat that portion of instruction prior to issuance of the
certificate of completion.
(d)
Notice and Hearing Requirements. If the department intends
to deny, suspend, or cancel a course provider's license, an opportunity for
an administrative hearing must be given as provided by Texas Government Code,
Chapter 2001.
(e)
Suspension. The term of license suspension under subsections
(b) and (c) of this section, may not exceed one year. If the reason for suspension
still exists at the end of the suspension period, the suspension automatically
elevates to license cancellation. To again become licensed, a disapproved
program provider or instructor must reapply and meet all current requirements
for a license.
(f)
Quality Assurance Visits.
(1)
Quality Assurance Visits (QAV's) may be scheduled and conducted
at the licensed bicycle safety course provider sites. During the QAV, the
focus will be on the adherence to requirements outlined in subsections (b)
and (c) of this section.
(2)
The QAV's will be conducted by department personnel or
by persons authorized by the department to perform them.
(g)
Notification of Legal Actions. All bicycle safety course
providers shall notify the department with the details of any legal action,
which has been filed against the provider, its officers, or its instructors
within 30 days of such action.
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 June 27, 2003.
TRD-200303962
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 10, 2003
For further information, please call: (512) 424-2135
department of public safety
], lies with the principal local law enforcement agency in whose jurisdiction
the reported bomb threat is located. We will assist these agencies as requested
and within the limits of our capabilities.
Chapter 32.
BICYCLES--USE AND SAFETY
certificates
], charge a fee of not more than $15 for course tuition,
and determine qualifications for instructors and organizations wishing to
provide this training.
(8)
] Operator--A person who travels
by pedaling on a bicycle seated on a saddle seat.
Chapter 32.
BICYCLE SAFETY AND EDUCATION PROGRAM