Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter A. OBJECTIVE, MISSION, AND PROGRAM
37 TAC §§1.3, 1.4, 1.5
The Texas Department of Public Safety adopts amendments to §1.3, §1.4,
and new §1.5, relating to Objective, Mission, and Program, without changes
to the proposed text as published in the April 18, 2003, issue of the
Amendment to §1.3(b)(1)(F) is necessary due to a name change of that
particular service within the department. Subparagraphs (B) and (C) of subsection
(b)(2) are deleted as they are encompassed within subparagraph (A). Amendment
to §1.4 is necessary to delete subsection (c) which is no longer a program
within the Traffic Law Enforcement Division. New §1.5 is necessary as
the Driver License Division, having been deleted from §1.4(c), is now
a separate program within the department.
No comments were received regarding adoption of the amendments and 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 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 June 27, 2003.
TRD-200303959
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: July 17, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-2135
Subchapter A. COMMERCIAL DRIVER TRAINING SCHOOL TESTING AND ISSUANCE OF INSTRUCTION PERMITS
37 TAC §18.3
The Texas Department of Public Safety adopts amendments to §18.3,
concerning Driver Education, without changes to the proposed text as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3219).
Amendments to the section are necessary in order to change the title of
the subchapter to better reflect content. Amendments further require that
commercial driver training schools obtain an original transaction from a local
driver license office in order to have a driver license number to assign to
the student when the commercial driver training school issues that student
an instruction permit. The department has experienced cases in the past where
commercial driver training schools have administered written examinations
for the issuance of an instruction permit to students 14 years of age. Since
these students are not eligible, due to their age, to be issued the original
transaction for the assignment of a driver license number, the department
feels that examinations for the issuance of the instruction permit should
not be given until the student qualifies for the issuance of the original
transaction assigning a driver license number.
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, §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 June 27, 2003.
TRD-200303960
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: July 17, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-2135
Subchapter A. BREATH ALCOHOL TESTING REGULATIONS
37 TAC §19.7
The Texas Department of Public Safety adopts an amendment
to §19.7, concerning Breath Alcohol Testing Regulations, without changes
to the proposed text as published in the April 18, 2003, issue of the
Amendment to §19.7(h) is necessary in order to correct a reference
to statute.
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; Texas Transportation Code, §724.003,
which authorizes the department and the State Office of Administrative Hearings
to adopt rules to administer this chapter, and Texas Transportation Code, §724.016.
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 July 27, 2003.
TRD-200303964
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: July 17, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-2135
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
37 TAC §23.93
The Texas Department of Public Safety adopts amendments to §23.93,
concerning vehicle emissions inspection requirements, without changes to the
proposed text as published in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3223).
The section defines commonly used terms; provides for control procedures;
testing waivers and extensions; prohibitions; recognition requirements for
recognized emissions repair technicians and recognized repair facilities;
requirements for certified emissions inspection stations and inspectors; audit
authority; and the adoption of department manuals for operation of certified
emissions inspection stations.
The amendments to §23.93 are necessary to harmonize the department
rule relating to vehicle emissions inspection (I/M) requirements with those
of the Texas Commission on Environmental Quality (TCEQ). TCEQ adopted amendments
to 30 TAC §114.50, Vehicle Inspection and Maintenance and corresponding
revisions to the Texas Inspection and Maintenance State Implementation Plan,
published in the December 20, 2002 issue of the
Texas Register
(27 TexReg 11996). As a result, the on-board diagnostic
(OBD) testing requirement in El Paso County is a contingency I/M measure effective
12 months after publication in the
Texas Register
of the determination by TCEQ that the contingency measure will be
implemented.
The department also adopts amendments clarifying administration of the
I/M program. These amendments include clarifying the definition of a "designated
vehicle," adding the definition of an "excepted vehicle," clarifying the definition
of the term "primarily operated," and clarifying the term "two years old."
The amendments also clarify department control requirements regarding inspection
in non-I/M counties by use of an affidavit. Finally, the department clarifies
the prerequisites for granting an individual vehicle waiver.
The department received one comment on the proposed amendments from the
Texas State Inspection Association (TSIA). TSIA's comment as well as the department's
response thereto is summarized below.
COMMENT: TSIA strongly suggests that reference to initial two-year certificate
be omitted from the definition of "two years old" because it confuses program
participants with the two-year exemption from emissions testing and recommended
textual changes to effect this suggestion. TSIA included its interpretation
of the Texas Clean Air Act, the State Implementation Plan (I/M portion), the
applicable federal and TCEQ rule regarding the two year exemption and its
effect on the remote sensing program and the emission test on resale requirement.
Additionally, TSIA recommended including numerous new rules, such as procedures
for bypassing the RPM requirement in the ASM test, procedures for OBD non-communication,
procedures for OBD test failures with no excessive emissions, and fuel cap
test bypasses procedures.
RESPONSE: The department disagrees with this comment. First, the department
does not concur with the interpretative effort proffered by TSIA. All inspection
stations and inspectors, including those represented by TSIA, must comply
with the rules promulgated by this department under Transportation Code, Subchapter
F. References to other legal authorities outside this rule can cause confusion
among inspection station personnel regulated by the vehicle inspection program.
Second, the other topics submitted by TSIA for future rulemaking concern testing
procedures, more properly addressed in the operation manuals for inspection
stations published by the department. These manuals are currently undergoing
revision. Third, two members of the Vehicle Emissions Inspection and Maintenance
Advisory Committee operate certified vehicle inspection stations authorized
to conduct emissions testing. These committee members suggested the definitional
change to the term "two years old" and the department concurred with their
suggestion. Finally, the department has determined use of the two-year certificate
is an intrinsic part of the definition of "two years old" because it is easily
understood by the general public and its expiration is a triggering event
in the inspection cycle. No changes were made as a result of this comment.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission (commission) to adopt rules
considered necessary for carrying out the department's work and Texas Transportation
Code, §548.301, which authorizes the commission to adopt rules establishing
a motor vehicle emission inspection and maintenance program.
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 June 27, 2003.
TRD-200303965
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: July 17, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-2135
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter B. PLACEMENT PLANNING
37 TAC §85.25
The Texas Youth Commission (TYC) adopts an amendment to §85.25,
concerning Minimum Length of Stay, without changes to the proposed text as
published in the May 16, 2003, issue of the
Texas
Register
(28 TexReg 3934).
The justification for amending the section is the use of accurate and current
rules among all TYC facilities.
The amendment will update a reference due to the repeal of another rule.
The requirements relating to length of stay for sentenced offenders will now
be found in §85.33.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The adopted amendment implements the Human Resource Code, §61.034.
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 June 23, 2003.
TRD-200303874
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 13, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
37 TAC §85.29
The Texas Youth Commission (TYC) adopts an amendment to §85.29,
concerning Program Completion and Movement of Other than Sentenced Offenders,
without changes to the proposed text as published in the May 16, 2003, issue
of the
Texas Register
(28 TexReg 3934).
The justification for amending the section is the use of accurate and current
rules among all TYC facilities.
The amendment will update a reference due to the repeal of another rule.
The amendment will also specify that a youth will only be eligible for transition
or release under this policy if he/she has not committed a category 1 rule
violation within 90 days of the transition/release review.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The amendment rule implements the Human Resource Code, §61.034.
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 June 23, 2003.
TRD-200303875
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 13, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
37 TAC §85.33
The Texas Youth Commission (TYC) adopts an amendment to §85.33,
concerning Program Completion and Movement of Sentenced Offenders, without
changes to the proposed text as published in the May 16, 2003, issue of the
The justification for amending the section is efficient and timely release
or transfer of eligible TYC youth.
The amendment will update terminology, add criteria for military enlistment
for certain youth on parole, and clarify the procedures for transfer from
TYC to The Texas Department of Criminal Justice.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.081
and §61.084, which provide the Texas Youth Commission with the authority
to release under supervision youth in its custody and to terminate control
pursuant to applicable state law.
The adopted amendment implements the Human Resource Code, §61.034.
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 June 23, 2003.
TRD-200303876
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 13, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
37 TAC §85.37
The Texas Youth Commission (TYC) adopts the repeal of §85.37,
concerning Sentenced Offender Disposition, without changes to the proposal
as published in the May 16, 2003, issue of the
Texas
Register
(28 TexReg 3938).
The justification for the repeal is the efficient and timely transition
and release of eligible youth.
The repeal is necessary because the policy governing transition and release
procedures for sentenced offenders is now included in §85.33, concerning
Program Completion and Movement of Sentenced Offenders.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.084,
which provides the Texas Youth Commission with the authority to discharge
eligible youth from its custody pursuant to applicable state law.
The adopted repeal implements the Human Resource Code, §61.034.
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 June 23, 2003.
TRD-200303877
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 13, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
Subchapter A. PROGRAM PLANNING
37 TAC §87.1
The Texas Youth Commission (TYC) adopts an amendment to §87.1,
concerning Case Planning, without changes to the proposed text as published
in the May 16, 2003 issue of the
Texas Register
(28
TexReg 3938).
The justification for amending the section is the use of accurate and current
rules among all TYC facilities.
The amendment will delete a reference to another rule which is being repealed.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require youth
in its care to participate in correctional training.
The adopted rule implements the Human Resource Code, §61.034.
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 June 23, 2003.
TRD-200303878
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 13, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.7
The Texas Youth Commission (TYC) adopts an amendment to §95.7,
concerning Reclassification Consequence, without changes to the proposed text
as published in the May 16, 2003, issue of the
Texas
Register
(28 TexReg 3939).
The justification for amending the section is the use of accurate and current
rules among all TYC facilities.
The amendment will delete a reference to another rule which is being repealed.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order a youth's
confinement under conditions it believes best designed for the youth's welfare
and the interests of the public.
The adopted rule implements the Human Resource Code, §61.034.
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 June 23, 2003.
TRD-200303882
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 13, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
Chapter 18.
DRIVER EDUCATION
Chapter 19.
BREATH ALCOHOL TESTING REGULATIONS
Chapter 23.
VEHICLE INSPECTION
Part 3.
TEXAS YOUTH COMMISSION
Chapter 87.
TREATMENT
Chapter 95.
YOUTH DISCIPLINE