TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 15. DRIVER LICENSE RULES

Subchapter D. DRIVER IMPROVEMENT

37 TAC §15.81, §15.89

The Texas Department of Public Safety adopts an amendment to §15.81 and new §15.89, concerning Driver Improvement, without changes to the proposed text as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3776).

Amendment of §15.81 and new §15.89 are necessary due to the passage of Tex H.B. 3588, 78th Leg., R.S. (2003). This bill created the Driver Responsibility Program, Texas Transportation Code (TRC), Chapter 708 and requires the department to identify by rule a listing of moving violations applicable to this program and administrative actions.

Amendment to §15.81 deletes the definition of "moving violation" and renumbers the remaining paragraphs.

New §15.89 is created to address the "moving violation" definition, provides a table listing moving violations, and whether or not the violation would be assessed points under the Driver Responsibility Program.

No comments were received regarding adoption of the amendment and new section.

The amendment 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 rules, and Texas Transportation Code, §708.052, which requires the department to designate offenses that constitute moving violations of the traffic law.

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 2, 2004.

TRD-200403663

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: June 22, 2004

Proposal publication date: April 16, 2004

For further information, please call: (512) 424-2135


Chapter 25. SAFETY RESPONSIBILITY REGULATIONS

37 TAC §§25.1 - 25.18

The Texas Department of Public Safety adopts the repeal of §§25.1 - 25.18, concerning Safety Responsibility Regulations, without changes to the proposed text as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3777).

Repeal of the sections is necessary due to substantial revisions having been made. The last amendment to this chapter occurred in 1999, and revisions are now needed to clearly outline and support the implementation of the Safety Responsibility Act, Texas Transportation Code, Chapter 601. Adoption of the repeals is filed simultaneously with the adoption of new §§25.1 - 25.8 which implement the provisions of the Safety Responsibility Act.

No comments were received regarding adoption of the repeals.

The repeals 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, Chapter 601.

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 2, 2004.

TRD-200403661

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: June 22, 2004

Proposal publication date: April 16, 2004

For further information, please call: (512) 424-2135


37 TAC §§25.1 - 25.8

The Texas Department of Public Safety adopts new §§25.1 - 25.8, concerning Safety Responsibility Regulations, without changes to the proposed text as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3777).

Adoption of the new sections is necessary in order to outline and support the implementation of the Safety Responsibility Act, Texas Transportation Code, Chapter 601. Adoption of the new sections is filed simultaneously with the adoption for repeal of current §§25.1 - 25.18.

New §25.1 establishes the criteria for determining whether action can be taken to suspend a driver license and/or vehicle registration in an accident case. The department will not initiate suspension action unless proper documentation is received for review and the suspension action can be completed within 20 months of the accident date. The documents received are subject to release under the Public Information Act.

New §25.2 provides the method by which the enforcement in §25.1 is processed and the types of compliance accepted for reinstatement of driver license; provides for an administrative hearing if a written request is received in a timely manner; indicates the types of compliance documents that are acceptable and the fee required for reinstatement of driver license; and provides for reinstatement of driver license after two years from the accident if no judgment has been filed.

New §25.3 establishes the method by which suspension action is initiated following an unsatisfied judgment and the types of compliance accepted for reinstatement. The section further provides for suspension following a default on a court approved installment agreement or agreed judgment and has a provision by which a debtor can have the license reinstated by proving liability coverage for the accident out of which the judgment arose.

New §25.4 defines the procedure for reciprocity suspension action resulting from an out-of-state accident and what documents are acceptable to initiate such suspensions. Also states what is acceptable as compliance and the fee required for reinstatement.

New §25.5 establishes the criteria for suspension action following a second or subsequent conviction for failure to maintain financial responsibility and the compliance acceptable for reinstatement. The section further provides for the department to waive the filing of evidence of financial responsibility for the future if the individual can show satisfactory evidence that he was covered by liability insurance at the time the offense occurred. Also allows the department to suspend a driver license if the insurance company notifies the department that the proof on file has been canceled.

New §25.6 defines the SR-22 insurance certificate; explains when it is required and the duration of the requirement. The section also defines the form SR-26 which must be filed by the insurance carrier to cancel the SR-22.

New §25.7 defines self insurance; the documents necessary to establish self insurance; and how the certificates are issued by the department.

New §25.8 outlines the cost of the reinstatement fee.

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 Transportation Code, Chapter 601.

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 2, 2004.

TRD-200403662

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: June 22, 2004

Proposal publication date: April 16, 2004

For further information, please call: (512) 424-2135