Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT
37 TAC §4.36
The Texas Department of Public Safety adopts amendments to §4.36,
concerning Commercial Motor Vehicle Compulsory Inspection Program, without
changes to the proposed text as published in the March 18, 2005, issue of
the
Texas Register
(30 TexReg 1593).
Amendments to the section are necessary in order to correct an inaccuracy
listed in subsection (f)(2).
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, §548.002,
which authorizes the department to adopt rules to administer and enforce the
compulsory inspection of vehicles.
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 24, 2005.
TRD-200502077
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 13, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-2135
37 TAC §21.1
The Texas Department of Public Safety adopts an amendment
to §21.1, concerning Standards for Vehicle Equipment, without changes
to the proposed text as published in the March 18, 2005, issue of the
Section 21.1 provides specifications and performance standards for vehicle
equipment to include lighting devices and after-market window sunscreening.
Amendment to the section is necessary in order to correct a textual error
in (f)(6)(A) that affected the flexibility of the medical exemption for vehicle
window tint. This resulted in a limit on the extent of the medical exception.
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, §547.101,
which authorizes the Department of Public Safety to adopt standards for vehicle
equipment.
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 24, 2005.
TRD-200502079
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 13, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-2135
Subchapter F. VEHICLE INSPECTION STATION OPERATION
37 TAC §23.73
The Texas Department of Public Safety adopts amendments to §23.73,
concerning Vehicle Inspection Fees, without changes to the proposed text as
published in the March 18, 2005, issue of the
Texas
Register
(30 TexReg 1594).
Section 23.73 specifies the fees inspection stations may charge vehicle
operators for and in conjunction with a vehicle inspection.
Amendments to the section are necessary in order for the department to
adopt the emissions testing fee as adopted by the Texas Commission on Environmental
Quality (TCEQ) for the Austin area Early Action Compact (EAC) I/M program
for Travis and Williamson counties. Effective on September 1, 2005, in these
counties, the fee for an emissions inspection is $16.00. Additional amendments
are adopted to clarify allowable practices relating to advertising and the
combination of services offered in conjunction with inspection services. During
previous rulemaking, as published in the March 25, 2002, issue of the
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, §§548.301(b-
1), 548.501, and 548.505, which authorizes the commission to establish a motor
vehicle emissions inspection and maintenance program for vehicles subject
to an early action compact, allows the department to collect advance payments
for certificates, and allows the department to establish a maximum emissions-related
inspection fee, respectively.
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 24, 2005.
TRD-200502081
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 13, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-2135
37 TAC §23.80
The Texas Department of Public Safety adopts amendments to §23.80,
concerning Out-of-State Vehicle Identification Number Verification, without
changes to the proposed text as published in the March 18, 2005, issue of
the
Texas Register
(30 TexReg 1595).
The main purpose of §23.80 is to provide procedures for the Vehicle
Identification Number (VIN) verification performed during the first-time state
inspection for out-of-state vehicles.
Texas Transportation Code, §548.256, as amended by Senate Bill 5,
Acts 2001, 77th Legislature, Regular Session, Chapter 967, Section 9, added
subsections (c) and (d) effective until August 31, 2008. The department previously
adopted amendments to §23.80, as published in the October 26, 2001, issue
of the
Texas Register
(26 TexReg 8547) to
effect these legislative changes. The amendments required inspection stations
to collect $225.00, retaining $5.00 to cover their administrative costs, for
the VIN verification as required by the statute. In a final judgment order
for case number 102585, dated June 6, 2002, the 200th District Court, Travis
County, held that Section 9 of Texas Senate Bill 5, as it amended Texas Transportation
Code, §548.25(c) and (d) was unconstitutional.
Amendments to §23.80 are necessary in order to formalize the department's
procedures in response to the court order and clarify issues concerning the
VIN verification procedure.
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; Texas Transportation Code, §548.002,
which allows the Department of Public Safety to adopt rules to administer
the compulsory inspection of vehicles; Texas Transportation Code, §548.256(a)
and (b), which provides that the department prescribe and provide the form
used for VIN verifications; and Texas Transportation Code, §548.501(a),
that sets the fee for the verification form.
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 24, 2005.
TRD-200502080
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 13, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-2135
37 TAC §23.93
The Texas Department of Public Safety adopts amendments to §23.93,
concerning Vehicle Emissions Inspections Requirements, without changes to
the proposed text as published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1597).
Amendments to the section are necessary in order to expand the vehicle
emissions inspection program to Travis and Williamson counties as one of the
measures of the Austin area Early Action Compact (EAC) clean air action plan,
approved by the Texas Commission on Environmental Quality (TCEQ), in accordance
with Senate Bill 1159, 78th Legislature, 2003. Effective September 1, 2005,
department certified inspection stations in the two counties must perform
on-board diagnostic (OBD) inspections and two-speed idle (TSI) inspections
on vehicles subject to emissions testing during the annual safety inspection.
In facilitating program operation, inspection stations in the two counties
will be required to obtain emissions testing equipment certified by TCEQ.
The department will also implement and administer programs for recognized
repair facilities and technicians specializing in emissions repair in the
two counties. Additional amendments prepare for the conditional suspension
of the vehicle emissions inspection program in El Paso County in the event
it is designated as reaching attainment, minor textual corrections, and reflect
changes in statutes concerning registration.
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, §548.301(b-1),
which authorizes the commission to adopt rules establishing a motor vehicle
emissions inspection and maintenance program for vehicles subject to an early
action compact.
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 24, 2005.
TRD-200502082
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 13, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-2135
Subchapter A. REVIEW OF PERSONAL CRIMINAL HISTORY RECORD
37 TAC §27.1
The Texas Department of Public Safety adopts amendments to §27.1,
concerning Right of Review, without changes to the proposed text as published
in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1600).
Amendments to the section are necessary in order to set out the new location
in Austin where an individual may personally appear to request the individual's
criminal history record.
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; Texas Government Code, §411.086,
which requires the Texas Department of Public Safety to adopt rules that provide
for a uniform method of requesting criminal history record information from
the department; and Texas Government Code, §411.083(b)(3), which requires
the Texas Department of Public Safety to grant access to criminal history
record information to the person who is the subject of the information.
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 24, 2005.
TRD-200502078
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 13, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-2135
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.87
The Texas Youth Commission (the commission) adopts an amendment
to §91.87, concerning Suicide Alert Explanation of Terms, without changes
to the proposed text as published in the April 1, 2005, issue of the
The justification for amending the section is the availability of accurate
and current agency rules. The amended section contains a reference to the
recently adopted §97.23, Physical Restraint, and uses terminology consistent
with that section.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 May 27, 2005.
TRD-200502152
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: June 16, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 424-6014
The Texas Youth Commission (the commission) adopts amendments to §§97.1,
97.27, and 97.75 without changes to the proposed text as published in the
April 1, 2005, issue of the
Texas Register
(30
TexReg 1905).
The justification for amending the sections is the availability of accurate
and current agency rules. The amended sections will include a reference to
the recently adopted §97.23, Physical Restraint. Sections 97.1 and 97.27
will no longer include references to repealed rules.
No comments were received regarding adoption of the amendments.
Subchapter A. SECURITY AND CONTROL
37 TAC §97.1, §97.27
The amendments are adopted under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 May 27, 2005.
TRD-200502153
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: June 16, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 424-6014
37 TAC §97.75
The amendment is adopted under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 May 27, 2005.
TRD-200502154
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: June 16, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 424-6014
Subchapter B. YOUTH FUNDS
37 TAC §99.31
The Texas Youth Commission (the commission) adopts an amendment
to §99.31, concerning Youth Banking, without changes to the proposed
text as published in the April 1, 2005, issue of the
Texas Register
(30 TexReg 1906).
The justification for amending the section is the availability of current
agency rules. The amended section will allow 15 days from the date of deposit
of a check into a youth’s trust fund before the funds are available
for use. A procedure will also be added for closing trust funds when youth
are released from residential placements with the expectation that they will
not be returning.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 May 27, 2005.
TRD-200502155
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: June 16, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 424-6014
37 TAC §99.59
The Texas Youth Commission (the commission) adopts an amendment
to §99.59, concerning Transportation of Youth, without changes to the
proposed text as published in the April 1, 2005, issue of the
Texas Register
(30 TexReg 1907).
The justification for amending the section is the availability of accurate
and current agency rules. The amended section will include a reference to
the recently adopted §97.23, Physical Restraint.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The adopted rule implements the Human Resources 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 May 27, 2005.
TRD-200502158
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: June 16, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 424-6014
Chapter 343.
STANDARDS FOR SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES
Subchapter B. PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS
37 TAC §343.15
The Texas Juvenile Probation Commission adopts an amendment
to §343.15 relating to the employment of certified detention officers.
This section is adopted without changes to the proposed text as published
in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1602) and will not be republished.
TJPC adopts this rule in an effort to alleviate problems associated with
employing certified officers who have been convicted of a Class B misdemeanor.
No public comment was received.
The amendment is adopted under §141.042 of the Texas Human
Resource Code, which provides the Texas Juvenile Probation Commission with
rulemaking authority.
No other code or article is affected by these new standards.
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, 2005.
TRD-200502067
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Effective date: June 12, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-6710
Subchapter C. CERTIFICATION AND RECERTIFICATION
37 TAC §349.7, §349.10
The Texas Juvenile Probation Commission adopts amendments
to §349.7 and §349.10, relating to the employment certification
and recertification eligibility. Section 349.10 is adopted with non-substantive
changes to the proposed text as published in the March 18, 2005, issue of
the
Texas Register
(30 TexReg 1602). Section
349.7 is adopted without changes and will not be republished.
TJPC adopts this rule in an effort to alleviate problems associated with
employing certified officers who have been convicted of Class B misdemeanor.
No public comment was received.
The amendments are adopted under §141.042 of the Texas Human
Resource Code, which provides the Texas Juvenile Probation Commission with
rulemaking authority.
No other code or article is affected by the amendments.
§349.10.Recertification Eligibility.
(a)
Basic Eligibility Requirements.
(1)
In addition to the requirements in subsections (b) or (c)
of this section, an applicant is eligible for recertification from the Commission
if the applicant:
(A)
does not have any of the following disqualifying criminal
history:
(i)
a felony conviction against the laws of this state, another
state, or the United States within the past 10 years;
(ii)
a deferred adjudication for a felony against the laws
of this state, another state, or the United States within the past 10 years;
(iii)
current felony probation or parole;
(iv)
a jailable misdemeanor conviction against the laws of
this state, another state or the United States within the past 5 years;
(v)
a deferred adjudication for a jailable misdemeanor against
the laws of this state, another state, or the United States within the past
5 years;
(vi)
current misdemeanor probation or parole; or
(vii)
registration as a sex offender under Chapter 62, Texas
Code of Criminal Procedure.
(B)
is not currently under an order of suspension issued under §349.27(d)(2)
or §349.31 of this chapter; and
(C)
has never had any type of certification revoked from the
Commission under §349.27(d)(3) of this chapter.
(2)
A request for waiver or variance may not be requested for
any disqualifying criminal history under paragraph (1)(A) of this subsection
involving any Class A misdemeanor or felony unless the person received a pardon
based upon proof of innocence or the reversal of a finding of guilt by either
the trial or an appellate court.
(b)
Probation Officer. In addition to meeting the requirements
under subsection (a) of this section, an applicant is eligible for recertification
as a probation officer if the applicant:
(1)
has completed 80 hours of recertification training in accordance
with §349.15(d) of this chapter within the two years following the date
of the certification's or recertification's approval; and
(2)
if the person applying for recertification is the chief
administrative officer, 20 hours of the required recertification training
shall be in management and supervisory skills.
(c)
Detention Officer. In addition to meeting the requirements
under subsection (a) of this section, an applicant is eligible for recertification
as a detention officer if the applicant:
(1)
has completed 80 hours of recertification training in accordance
with §349.15(d) of this chapter within the two years following the date
of the certification's or recertification's approval; and
(2)
if the person applying for recertification is the facility
administrator, 20 hours of the required recertification training shall be
in management and supervisory skills.
(3)
has current certifications in:
(A)
Cardiopulmonary Resuscitation (CPR);
(B)
First Aid; and
(C)
an approved physical restraint technique as defined by §343.60(1)
of this title.
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, 2005.
TRD-200502068
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Effective date: June 12, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 424-6710
Subchapter C. SHORT-TERM JUVENILE DETENTION OFFICERS
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
Chapter 23.
VEHICLE INSPECTION
Subchapter G. VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM
Chapter 27.
CRIME RECORDS
Part 3.
TEXAS YOUTH COMMISSION
Chapter 97.
SECURITY AND CONTROL
Subchapter B. PEACE OFFICERS
Chapter 99.
GENERAL PROVISIONS
Subchapter C. MISCELLANEOUS
Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Chapter 349.
GENERAL ADMINISTRATIVE STANDARDS
Chapter 351.
STANDARDS FOR SHORT-TERM DETENTION FACILITIES