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 (DPS) proposes new §1.60,
concerning Alleged Abuse or Neglect Investigations. 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
(§261.201). 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 party. Adoption of this rule will permit DPS to provide
investigation reports and other materials to parents when doing so would not
jeopardize the child or any pending criminal case.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to allow parents access to investigation reports
and other materials obtained in investigating child abuse cases. There is
no anticipated adverse economic effect on individuals, small businesses, or
micro-businesses.
Comments on the proposal may be submitted to Pamela Smith, Assistant General
Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The new section 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; and Family Code, §261.201(a)
Texas Government Code, §411.004(3) and Family Code, §261.201(a)
are affected by this proposal.
§1.60.Alleged Abuse or Neglect Investigations.
A report concerning an investigation of alleged child abuse or neglect,
as well as any notes, statements or other documentary evidence gathered during
such an investigation that are otherwise confidential pursuant to Chapter
261, Family Code, may be released to the parent or guardian of an alleged
victim of abuse or neglect if:
(1)
the investigation is complete and no criminal charges are
anticipated;
(2)
the parent or guardian provides acceptable proof of his/her
relationship to the child victim; and
(3)
the parent or guardian requesting the report is not the
person alleged to have committed the abuse or neglect.
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 March 6, 2006.
TRD-200601410
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 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 proposes amendments
to Chapter 4, Subchapter C, §4.36, concerning Commercial Motor Vehicle
Compulsory Inspection Program.
Amendment to §4.36 deletes subsection (g)(6) and is 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.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to ensure to the public greater compliance by motor
carriers with all of the statutes and regulations pertaining to the safe operation
of commercial vehicles in this state. There will be some economic impact anticipated
for individuals, small businesses, or micro-businesses as a result of this
proposed amendment. Each commercial vehicle that will be required to be inspected
under this amendment will be assessed a statutory fee of $50 in accordance
with Texas Transportation Code, §548.504 and a statutory fee of $10 under
the Texas Emission Reduction Plan in accordance with Texas Transportation
Code, §548.5055.
Comments on the proposal may be submitted to Mark Rogers, Major, Texas
Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0500, (512) 424-2116.
The amendments are 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; and Texas Transportation Code, §548.002,
which authorizes the department to adopt rules to administer and enforce the
compulsory inspection of vehicles.
Texas Government Code, §411.004(3) and Texas Transportation Code, §548.002
are affected by this proposal.
§4.36.Commercial Motor Vehicle Compulsory Inspection Program.
(a) - (f)
(No change.)
(g)
Exceptions to the commercial motor vehicle safety inspection
program are:
(1) - (4)
(No change.)
(5)
the operation of fire trucks and rescue vehicles while
involved in emergency and related operations;
and
[(6)
the private transportation of passengers;
and]
(6)
[
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 March 6, 2006.
TRD-200601411
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 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) proposes new
Subchapter D, §§5.51 - 5.70, relating to the implementation of multicounty
drug task forces. The new sections are necessary to promulgate the policies
and procedures of DPS governing the statewide coordination of multicounty
drug task forces.
In the new subchapter, §5.51 provides definitions; §5.52 describes
communication with the director; §5.53 provides the telephone number
and address of the Narcotics Service; §5.54 describes notification; §5.55
describes the application; §5.56 details who must submit an application; §5.57
describes application rejection; §5.58 describes application denial; §5.59
describes authorization cancellation; §5.60 details requirements; §5.61
describes withdrawal/restrictions or conditions; §5.62 describes written
notice; §5.63 describes report to attorney general; §5.64 describes
request for meeting; §5.65 describes expiration; §5.66 describes
termination; §5.67 describes inspection; §5.68 details what may
be inspected; §5.69 describes time limitations; and §5.70 describes
interference with inspection.
The new sections are necessary as a result of the passage of Texas House
Bill 1239, Acts 2005, 79th Legislature, Regular Session, Chapter 556, §§1
- 4.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rules are in effect there will be no fiscal implications
for state or local government or local economies. There are no estimated reductions
in cost to the state and to local governments as a result of enforcing or
administrating the rules.
Mr. Ybarra also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to ensure the high level of effectiveness of
statewide multicounty drug task forces. There is no anticipated adverse economic
effect on individuals, large businesses, small businesses, or micro- businesses.
Comments on the proposal may be submitted to James Brubaker, Narcotics
Service, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0430,
(512) 424-2150.
The new sections are proposed 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.
Texas Local Government Code, §362.001(3), §362.004, Texas Government
Code, §411.0097, and Texas Code of Criminal Procedure, Article 59.06(q)
are affected by this proposal.
§5.51.Subchapter Definitions.
The following words and terms, when used in this subchapter, have the
following meanings, unless the context clearly indicates otherwise.
(1)
Department or DPS--The Texas Department of Public Safety.
(2)
Director--The Director of the Texas Department of Public
Safety or his designee.
(3)
Chief--The Chief of the Criminal Law Enforcement Division
of the Texas Department of Public Safety or his designee.
(4)
Commander--The Commander of the Narcotics Service of the
Criminal Law Enforcement Division of the Texas Department of Public Safety
or his designee.
(5)
Multicounty drug task force ("task force")--has the meaning
assigned that term by § 362.001, Local Government Code.
(6)
Narcotics Service--The Narcotics Service of the Criminal
Law Enforcement Division of the Texas Department of Public Safety.
(7)
Impact Area--The service area of the task force which must
be comprised of contiguous counties that, by resolution or order of its governing
body, have entered into an agreement with a contiguous county to form a mutual
aid drug law enforcement task force to cooperate in criminal investigations
and law enforcement.
(8)
Project Director--The person responsible for the operation
of the task force.
(9)
Task Force Commander--The person who supervises the day
to day operations of the task force. The Task Force Commander will be responsible
to the Project Director for the day to day operation of the task force.
§5.52.Communication with Director.
If a person is required or allowed by this subchapter to make a notification,
report, or other communication to the director, the person must make the communication
in writing to the director through the Commander of the Narcotics Service
or his designee at the address indicated below.
§5.53.Telephone Number and Address--Narcotics Service.
To inquire about information and administrative matters with, transmit
to, or otherwise contact the Narcotics Service, in general:
(1)
the telephone number is: (512) 424-2150;
(2)
the fax number is: (512) 424-7166;
(3)
the Post Office Box mailing address is: Narcotics Service
MSC 0430, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
78773-0430;
(4)
the physical mailing address is: Narcotics Service MSC
0430, Texas Department of Public Safety, 5805 N. Lamar Blvd., Austin, Texas
78752-4422; and
(5)
the email address is: taskforceinfo@txdps.state.tx.us.
§5.54.Notification.
If this subchapter requires a person to notify or advise the director
of new or changed information, the person must notify the director through
the appropriate DPS unit or person indicated in this subchapter. If this subchapter
describes the director followed by a parenthetical reference to a section,
service, or other unit of the department, the communication must be made to
the director through the referenced section, service, or unit.
§5.55.Application.
(a) Required. A task force required to submit an application
under this subchapter must comply with this subchapter.
(b) Form. An applicant must submit a complete application on
DPS Form NAR-122 to the director no later than the 1st of August in order
to be approved for the annual term beginning September 1 of each year.
(c) Required Information. A person submitting an application
under this section must:
(1) identify the drug threat to be addressed in the impact area;
(2) explain the strategic need for addressing the drug threat
in the impact area;
(3) describe the composition of the task force, to include
the names of the participating agencies and the names, training records, and
experience of the individual officers to be assigned to the task force; and
(4)
provide any other information necessary to process the
application.
§5.56.Who Must Submit an Application.
Any drug task force composed of county or city law enforcement agencies
located in two or more counties of this state.
(1)
The applicant must be the Project Director who shall submit
an application on behalf of the task force.
(2)
The Project Director must be the elected District Attorney,
the elected Sheriff, or the Chief of Police of a municipal police department
located within the proposed impact area.
(3)
The Project Director shall ensure that the task force adheres
to all requirements contained in the application and in this subchapter.
§5.57.Rejection.
(a)
The director may reject an application without further
processing if an application, form, or document is incomplete, illegible,
or missing.
(b)
The director may request additional information necessary
to process the application from the applicant and provide a deadline for the
submission of the requested information. The director may reject an application
without further processing if the requested information is not provided to
the director by the deadline.
§5.58.Denial.
The director may deny an application if:
(1)
the applicant has not sufficiently articulated and established
a strategic need for the task force to specifically address the threat of
the impact area;
(2)
the composition of the task force has been inadequately
disclosed for review of personnel as to their suitability for assignment to
the task force or is unacceptable; or
(3)
during the previous year, the task force has failed to
comply with department rules or has failed to demonstrate effective performance
outcomes.
§5.59.Cancellation.
The director may cancel an authorization if the director authorized
the application in error.
§5.60.Requirements.
(a)
A task force and any personnel assigned to the task force
shall comply with the following:
(1)
Department policies and procedures in the most current
version of the department's task force manual;
(2)
State and federal law and requirements;
(3)
All provisions of this subchapter; and
(4)
Best police practices.
(b)
A task force shall demonstrate effective performance outcomes.
(c)
A task force shall maintain an acceptable composition.
(d)
A task force shall timely, accurately, and completely respond
to any request for information, data, or reports by the director.
(e)
If the Project Director or any task force personnel change,
then the current Project Director shall notify the director within five calendar
days after the change. A task force shall have a current Project Director
at all times. If the Project Director changes, the current Project Director
shall complete and sign the certification section of the application form
and submit the certification to the director within five calendar days after
the change.
(f)
At least twenty-five percent of personnel assigned to the
task force shall be randomly tested at least quarterly for drugs by an independent
scientific laboratory that meets federal Department of Health and Human Services
guidelines for drug/metabolite testing. The Project Director shall provide
the director with a copy of the task force's written drug testing policy if
requested. The Project Director shall maintain documentation on file evidencing
that the above drug testing was conducted. The Project Director shall notify
the director of the identity of any employee with a positive drug test and
shall take appropriate action as outlined in the applicant agency's policy
on providing a drug-free workplace.
(g)
The Project Director shall notify the director in writing,
within five calendar days of the arrest, of the identity of any personnel
that are arrested, the reason for the arrest, and any resulting action taken
by the task force.
(h)
The Project Director shall notify the director in writing
of any lawsuit or pending litigation involving the task force or its personnel
no later than five calendar days after receiving notice of any lawsuit or
pending litigation.
§5.61.Withdrawal/Restrictions or Conditions.
(a)
The director may withdraw an authorization to operate a
task force or may place restrictions or conditions on task force operations
if the task force fails to comply with any provision of this subchapter.
(b)
Except as provided by this subsection, a task force whose
authorization has been withdrawn may not apply for authorization to operate
until one year after the date a withdrawal of authorization became final.
Within that year, the director will not reinstate a task force who has had
its authorization to operate withdrawn unless the task force submits a new
application and establishes that the facts supporting the withdrawal of authorization
have been negated. Even if a reinstatement is authorized to be effective any
date other than September 1, the authorization will expire August 31.
§5.62.Written Notice.
The director shall provide written notice to a task force, through
the Project Director, of any proposed action or action taken by the department
affecting the task force's operations.
§5.63.Report to Attorney General.
(a)
A task force may only retain proceeds from forfeitures
for the period of time that the task force was authorized by the director.
(b)
The director shall report the expiration, withdrawal, denial,
or cancellation of a task force's authorization to the attorney general.
(c)
The director may report a task force who has had restrictions
or conditions placed on task force operations to the attorney general.
§5.64.Request for Meeting.
(a)
A Project Director may submit a request for a meeting with
the Chief upon denial, cancellation, or withdrawal of authorization.
(b)
The request for a meeting, articulating points of contention,
must be in writing.
(c)
The request shall be addressed to the Chief and must be
received by the Chief no later than 15 calendar days after the director mailed
its written notice of denial, cancellation, or withdrawal of authorization
to the task force.
(d)
The request for a meeting may be faxed or mailed to the
Chief.
(1)
The fax number is: (512) 424-5794.
(2)
The P.O. Box mailing address is: Criminal Law Enforcement
MSC 0400, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
78773-0400.
(3)
The physical mailing address is: Criminal Law Enforcement
MSC 0400, Texas Department of Public Safety, 6100 Guadalupe, Building E, Room
100, Austin, Texas 78752.
(e)
An untimely request for a meeting shall be rejected without
further proceedings.
(f)
Upon receipt of a timely request for a meeting, the Chief
shall schedule a meeting.
(g)
The applicant may submit a written response to the Chief,
articulating points of contention and rebutting findings by the department,
on or before the scheduled meeting date in lieu of attending the meeting in
person.
(h)
The Chief shall decide whether to uphold or modify the
denial, cancellation, or withdrawal of authorization.
(i)
The Chief's decision shall be final and not subject to
appeal.
(j)
If there is no request for a meeting or an untimely request
for a meeting, then the denial, cancellation, or withdrawal is final on the
16th calendar day after the director mailed its written notice of denial,
cancellation, or withdrawal of authorization to the task force and is not
subject to further appeal.
§5.65.Annual Expiration.
A task force authorization expires on the 31st of August of each year.
After expiration, the prior authorization provides the task force with no
authority to continue to operate as a multicounty drug task force.
§5.66.Termination.
(a)
When. An authorization terminates:
(1)
after expiration under this subchapter;
(2)
when a task force voluntary discontinues operations;
(3)
when a withdrawal, cancellation, or denial of authorization
is final; or
(4)
at the end of the period of authorization.
(b)
New application required. After termination, an applicant
must apply for a new authorization to operate a task force.
(c)
Effect of termination. After termination, the prior authorization
provides the task force with no authority to operate as a multicounty drug
task force.
(d)
Discontinued activity. On the day a task force discontinues
operations, the Project Director must notify the director in writing by close
of business. The director shall immediately terminate the task force's authorization
to operate.
§5.67.Inspection.
The director or a member of the department may inspect any aspect of
the task force operation to ensure compliance with applicable law and regulation,
state and federal requirements, and policies and procedures established by
the department.
§5.68.What May Be Inspected.
The director or a member of the department may examine, audit, inspect
and copy:
(1)
a record, report, or other document created or maintained
pursuant to the operation of the task force; and
(2)
administrative information relating to the collection of
statistical information.
§5.69.Time Limitations.
The director or a member of the department may enter the offices maintained
by the task force at a reasonable time, including:
(1)
normal business hours; or
(2)
at another time when the task force offices are occupied
or open.
§5.70.Interference with Inspection.
No individual in charge of a premise, item, or record covered by this
subchapter may refuse or interfere with any of the following activities related
to the inspection:
(1)
entry to the premises;
(2)
examination, audit, or inspection or records; or
(3)
copying a record or related document.
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 March 6, 2006.
TRD-200601412
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2006
For further information, please call: (512) 424-2135
Subchapter D. DRIVER IMPROVEMENT
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
(7)
] farm vehicles with a gross
weight, registered weight, or gross weight rating less than 48,000 pounds
(except interstate operation of more than 10,000 pounds).
Chapter 5.
CRIMINAL LAW ENFORCEMENT
Chapter 15.
DRIVER LICENSE RULES