Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter D. PUBLIC INFORMATION POLICIES
37 TAC §1.60
The Texas Department of Public Safety adopts new §1.60,
concerning Public Information Policies, without changes to the proposed text
as published in the March 17, 2006, issue of the
Texas Register
(31 TexReg 1907).
Department of Public Safety officers are occasionally called upon to conduct
investigations of possible child abuse which nearly always involve allegations
against someone who is not a parent or guardian of the alleged victim. Chapter
261 of the Family Code makes investigations of alleged child abuse or neglect
confidential and prohibits the release of both the investigation report and
any evidence developed during the investigation to any person if the agency
conducting the investigation has not adopted a rule governing release of its
report and investigation materials. Thus, in some instances, DPS has been
prohibited from releasing the results of an investigation to the parent(s)
of a child who was allegedly abused by a third person. Adoption of the new
section is necessary in order to permit DPS to provide investigation reports
and other materials to parents when doing so would not jeopardize the child
or any pending criminal case.
No comments were received regarding adoption of the new section.
The new section 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 Family Code, §261.201(a).
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 19, 2006.
TRD-200602826
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 8, 2006
Proposal publication date: March 17, 2006
For further information, please call: (512) 424-2135
Subchapter C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT
37 TAC §4.36
The Texas Department of Public Safety adopts amendments to
Chapter 4, Subchapter C, §4.36, concerning Commercial Motor Vehicle Compulsory
Inspection Program, without changes to the proposed text as published in the
March 17, 2006, issue of the
Texas Register
(31
TexReg 1908).
Adoption of the amendments to §4.36 delete current subsection (g)(6)
and are necessary in order to require that certain commercial vehicles transporting
passengers and registered in this state must pass an annual inspection of
all safety equipment in accordance with recent changes to the Federal Motor
Carrier Safety Regulations.
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 19, 2006.
TRD-200602827
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 8, 2006
Proposal publication date: March 17, 2006
For further information, please call: (512) 424-2135
Subchapter D. MULTICOUNTY DRUG TASK FORCES
37 TAC §§5.51 - 5.70
The Texas Department of Public Safety (DPS) adopts new Subchapter
D, §§5.51 - 5.70, relating to the implementation of multicounty
drug task forces, without changes to the proposed text as published in the
March 17, 2006, issue of the
Texas Register
(31
TexReg 1909).
Adoption of the new sections is necessary in order to promulgate the policies
and procedures of DPS governing the statewide coordination of multicounty
drug task forces. The new sections are necessary as a result of the passage
of Texas H.B. 1239, Acts 2005, 79th Leg., R.S., ch. 556, §§1 - 4.
No timely comments were received regarding adoption of the new sections.
The new sections are adopted pursuant to Texas Government Code, §411.0097,
which requires the department to establish policies and procedures for multicounty
drug task forces, provides the authority to ensure compliance, and the authority
to evaluate each multicounty drug force with respect to whether the task force
complies with state and federal requirements including policies and procedures
established by the department and demonstrates effective performance outcomes;
and Texas Local Government Code, §362.004, which provides that the department
confirm the strategic need for the task force and the composition of the task
force and that the force comply with the policies and procedures established
for the operation of the multicounty drug task force.
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 19, 2006.
TRD-200602828
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 8, 2006
Proposal publication date: March 17, 2006
For further information, please call: (512) 424-2135
Subchapter D. DRIVER IMPROVEMENT
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Chapter 5.
CRIMINAL LAW ENFORCEMENT
Chapter 15.
DRIVER LICENSE RULES