Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 15.
DRIVER LICENSE RULES
Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.24
The Texas Department of Public Safety adopts amendments to §15.24,
concerning Identification of Applicants, without changes to the proposed text
as published in the November 25, 2005, issue of the
Texas Register
(30 TexReg 7852).
Adoption of the amendments is necessary due to the passage of House Bill
967 during the 79th Legislature, Regular Session. House Bill 967 amended Texas
Transportation Code, §521.142 and §522.021 to require the department
to accept an offender identification card or similar form of identification
issued to an inmate by the Texas Department of Criminal Justice (TDCJ) as
satisfactory proof of identity for the issuance of a driver license, commercial
driver license or identification certificate.
In the United States, the driver license is the preferred form of personal
identification for an overwhelming majority of the population. It is utilized
to conduct virtually all types of business transactions as well as to travel.
Businesses, government agencies and law enforcement personnel rely on the
accuracy of the information contained in the driver license and many times
do not have the opportunity or authority to require additional proof of a
person's identity.
As reliance on the driver license for identification purposes has expanded,
it has become increasingly susceptible to use in the commission of fraud and
other criminal activity. The department must continue to take all reasonable
steps to ensure the integrity of the driver license and the agency has limited
the type of documentation acceptable as proof of identity to items that can
be verified by the issuing entity.
According to TDCJ, the offender identification card was initially designed
for internal use during the person's incarceration and the identifying information
on the card is based solely on the judgment record received from the convicting
court. However, the judgment record may not always be accurate and could contain
aliases, incomplete names and/or incorrect dates of birth. TDCJ does not utilize
other sources to verify or update the identification information, as the document
was never intended for external use. It is not anticipated that TDCJ will
modify its existing procedures in order to improve the accuracy of the card.
As such, the department has determined that it is appropriate to categorize
the offender identification card as supporting identification.
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 March 6, 2006.
TRD-200601408
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 26, 2006
Proposal publication date: November 25, 2005
For further information, please call: (512) 424-2135
Subchapter A. BREATH ALCOHOL TESTING REGULATIONS
37 TAC §§19.1 - 19.7
The Texas Department of Public Safety adopts the repeal of §§19.1
- 19.7, concerning Breath Alcohol Testing Regulations, without changes to
the proposed text as published in the September 9, 2005, issue of the
Repeal of the sections is necessary due to substantial revisions having
been made. Adoption of the repeal is filed simultaneously with the adoption
of new §§19.1-19.7 which will simplify and clarify language for
ease of reading and understanding of the Breath Alcohol Testing Regulations.
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, §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 March 6, 2006.
TRD-200601414
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 26, 2006
Proposal publication date: September 9, 2005
For further information, please call: (512) 424-2135
37 TAC §§19.1 - 19.7
The Texas Department of Public Safety adopts new §§19.1
- 19.7, concerning Breath Alcohol Testing Regulations. §§19.4 -
19.7 are adopted with changes to the proposed text as published in the September
9, 2005, issue of the
Texas Register
(30 TexReg
5729) and will be republished. §§19.1 - 19.3 are adopted without
changes and will not be republished. The repeals of existing §§19.1
- 19.7, which the new sections replace, are contemporaneously adopted in this
issue of the
Texas Register.
Adoption of the new sections is necessary in order to bring 37 TAC §§19.1
- 19.7 in line with accepted standards for drafting administrative rules and
to simplify and clarify language for ease of reading and understanding of
the Breath Alcohol Testing Regulations.
New §19.1 provides for definitions for the proposed rules. New §19.2
outlines the guidelines for certification of instruments by the scientific
director. New §19.3 allows the scientific director the flexibility to
incorporate evolving technology into testing methodology when deemed appropriate.
New §19.4 adds language streamlining the business process used to insure
breath testing is conducted in accordance with the methods approved by the
scientific director. New §19.5 addresses the various aspects of certification
provisions. Additionally, a deficiency in the renewal of certification process
created by a previous revision was addressed to establish consistency with
other operator certification standards. New §19.6 addresses various aspects
of certification provisions. A provision for expiration of certification as
well as renewal and recertification was added. New §19.7 also addresses
various aspects of certification provisions. Course curriculum is clarified
to more closely agree with modern training methods.
The department accepted comment on the proposed rules through October 9,
2005. Written comments were submitted by Rafe Harshberger, a retired Abilene
Police Department Sergeant and currently certified Technical Supervisor. The
department also received correspondence both telephonically and in person
from several Technical Supervisors.
The substantive comments, as well as the department's responses thereto,
are summarized below:
COMMENT: The notice bars certification as an operator or technical supervisor
for individuals with certain conviction histories. The commenter points out
that individuals seeking such certification should be held to the same standards
as those seeking TCLEOSE certification as a peace officer.
RESPONSE: The department agrees with the comment and has amended language
in §19.5(a)(2) and §19.6(b)(6) dealing with conviction history of
individuals seeking certification as an operator or technical supervisor to
more closely agree with that of TCLEOSE standards for peace officer certification.
COMMENT: 19.6(b)(5) and 19.6(c)(2) reference "certified program" and "certified
school of instruction" whereas elsewhere in the title the reference is "approved
program" or "approved school of instruction".
RESPONSE: The department agrees with the comment and has amended language
in 19.6(b)(5) and 19.6(c)(2) to make it consistent with the remainder of the
title.
COMMENT: 19.6(a)(5) references "testing location" whereas 19.1(22) in the
definitions refers to "site location" as the physical site of the breath testing
equipment.
RESPONSE: The department agrees with the comment and offers amended language
in 19.6(a)(5) to agree with that in 19.1(22).
COMMENT: 19.4(b) references "an agency or laboratory" and subsequent references
to the same entity within 19.4 reference only "an agency".
RESPONSE: The department agrees with the comment and offers amended language
in 19.4 to create consistency for each reference to "an agency or laboratory".
COMMENT: The proposed revision to 37 TAC 19.1- 19.7 lacks a preservation
clause which was contained in the current title 19.7 Explanation of Terms
and Actions
RESPONSE: The department agrees with the comment and is simultaneously
adopting new §19.8 which it proposed in the December 30, 2005, issue
of the
Texas Register
(30 TexReg 8827). New §19.8
offers the necessary language which was inadvertently omitted.
COMMENT: 19.6(c)(1) refers to examination for renewal of certification
as a technical supervisor while 19.6(e) grants the scientific director the
authority to determine requirements for renewal of certification.
RESPONSE: The department agrees the wording creates an abiguity and deletes
the phrase "or until the next examination for renewal" from 19.6(c)(1).
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, §724.016,
which authorizes the department to adopt rules regarding breath specimen analytical
methods and qualifications of individuals performing the analyses.
§19.4.Approval of Techniques, Methods And Programs.
(a)
All breath alcohol testing techniques, methods and programs
to be used for evidential purposes must have the approval of the scientific
director.
(b)
Prior to initiating a breath alcohol testing program, an
agency or laboratory shall submit an application to the scientific director
for approval. If the scientific director deems it appropriate, an on-site
inspection may be made by the scientific director or a designated representative
to assure compliance with the provisions of the application. An agency or
laboratory applying for approval of a breath alcohol testing program must
agree to:
(1)
conduct such analyses only for the purposes stated in subsection
(c)(8) of this section;
(2)
allow access for inspection under subsection (d) of this
section; and
(3)
comply with subsection (f) of this section.
(c)
All breath alcohol testing techniques, in order to be approved,
shall meet, but not be limited to, the following:
(1)
a period during which an operator is required to remain
in the presence of the subject. An operator shall remain in the presence of
the subject at least 15 minutes before the test and should exercise reasonable
care to ensure that the subject does not place any substances in the mouth.
Direct observation is not necessary to ensure the validity or accuracy of
the test result;
(2)
the breath alcohol testing instrument and reference sample
device must be operated by either a certified operator or technical supervisor
and only certified personnel will have access to the instrument;
(3)
the use of a system blank analysis in conjunction with
the testing of each subject;
(4)
the analysis of a reference sample, the results of which
must agree with the reference sample predicted value within plus or minus
0.01g/210 L, or such limits as set by the scientific director. This reference
analysis shall be performed in conjunction with subject analyses;
(5)
all analytical results shall be expressed in grams of alcohol
per 210 liters of breath (g/210 L);
(6)
maintenance of any specified records designated by the
scientific director;
(7)
supervision of certified operators and testing techniques
by a technical supervisor meeting the qualifications set forth in §19.6
of this title (relating to Technical Supervisor Certification);
(8)
designation that the instrumentation will be used only:
(A)
for testing subjects that are suspected of violating any
statute or rule that defines intoxication in terms of alcohol concentration;
and
(B)
in compliance with §19.5(b), (c), and (e) of this
title (relating to Operator Certification).
(d)
The scientific director or a designated representative
may at any time make an inspection of the approved breath alcohol testing
agency or laboratory to ensure compliance with these regulations.
(e)
Upon proof of compliance with subsections (a) - (c) of
this section, approval will be granted by the scientific director.
(f)
Approval of any breath alcohol testing program is contingent
upon the applying agency or laboratory's agreement to conform and abide by
any directives, orders, or policies issued or to be issued by the scientific
director regarding any aspect of the breath alcohol testing program; this
shall include, but not be limited to, the following:
(1)
program administration;
(2)
reports;
(3)
data, records and forms;
(4)
site location and security;
(5)
certified evidential instruments should not ordinarily
be used for public information programs and dissemination of any such information
should be carried out by a certified technical supervisor;
(6)
methods of operations and testing techniques;
(7)
instruments and reference sample devices;
(8)
purposes for which testing is conducted;
(9)
operators and technical supervision of operators.
(g)
Approval of a breath alcohol testing program may be denied
or withdrawn by the scientific director if, based on information obtained
by the scientific director, a designated representative of the scientific
director, or a technical supervisor, the approved agency or laboratory fails
to meet all criteria stated in this section.
(h)
Technical supervisors, when required, shall provide expert
testimony by direct testimony or by written affidavit concerning the approval
of techniques, methods and programs under their supervision.
§19.5.Operator Certification.
(a)
Certification.
(1)
Prior to certification an applicant must establish proof
of participation in a breath test program meeting the requirements set forth
in §19.4 of this title (relating to Approval of Techniques, Methods,
and Programs).
(2)
Conviction history:
(A)
persons convicted of a felony or a Class A misdemeanor
shall not be eligible to be a certified operator;
(B)
persons convicted of a Class B misdemeanor within the last
ten years shall not be eligible to be a certified operator;
(C)
persons receiving a driver license suspension for refusal
to submit to a chemical test as per the provisions of Chapter 724 or Chapter
522, Texas Transportation Code within the last ten years shall not be eligible
to be a certified operator.
(3)
Prior to initial certification as a breath test operator
an applicant must successfully complete a course of instruction meeting the
criteria set forth in §19.7 of this title (relating to Approval of Courses
of Instruction).
(4)
Prior to certification as an operator of a breath alcohol
testing instrument, an applicant must satisfactorily complete examinations,
prepared and given by the scientific director or a designated representative,
which shall include the following:
(A)
a written examination;
(B)
a practical examination establishing proficiency in the
operation of the instrument and reference sample device on which the operator
is to be certified and the proper completion of all required reports and records.
The practical examination will involve the completion of simulated subject
analyses and/or practice test(s). If the simulated subject analyses and/or
practice tests are not completed correctly and/or there are one or more errors
in the reports or records the applicant will be offered a second set of simulated
subject analyses. Any error(s) in the second set of analyses will result in
a failure of the practical examination;
(C)
failure of the written and/or practical examination will
cause the applicant to be ineligible for reexamination for a period of 30
days. A subsequent failure will require that the candidate attend and satisfactorily
complete the initial course of instruction for certification of a breath testing
operator.
(5)
Upon successful completion of the requirements for certification,
the scientific director will issue the individual an operator certificate
valid for a period of time designated by the scientific director or until
the next examination for renewal unless inactivated or suspended.
(6)
If an operator is certified to operate a specific brand
and/or model of equipment and is required to be certified on an additional
brand and/or model of equipment, the scientific director may waive portions
of this section and require only that instruction needed to acquaint the applicant
with proper operation of the new brand and/or model of equipment.
(b)
Renewal of current certification. In order to maintain
current certification, the operator is required to renew certification prior
to its expiration date. The minimum requirement for renewal of operator certification
will be:
(1)
A practical examination in accordance to subsection (a)(4)(B)
of this section establishing proficiency of the operator in the operation
of the instrument and reference sample device on which the operator is certified
and the proper completion of all required reports and records. The operator
will be evaluated on the basis of ability to:
(A)
use proper techniques;
(B)
follow established procedures including, but not limited
to, the operation of the instrument and reference sample device and the proper
reporting procedures for analysis results;
(2)
The satisfactory biennial completion of a course of instruction,
the contents of which should include, but not be limited to, topics such as:
(A)
a brief review of the theory and operation of the breath
alcohol test equipment;
(B)
a detailed review of the breath alcohol analysis and reporting
procedures;
(C)
a discussion of procedural updates resulting from recent
court decisions and legislation;
(D)
a discussion of current issues in the field of breath alcohol
testing;
(E)
a written examination
(3)
Renewal of certification will be denied and current certification
will be inactivated in accordance with subsection (d) of this section when
the operator:
(A)
fails to follow established procedures;
(B)
uses other than proper technique;
(C)
fails the practical examination; or
(D)
fails the written examination.
(4)
An operator who fails renewal will be given the reason
for failure and is not eligible to be reexamined for a period of 30 days.
Reexamination will be pursuant to subsection (a)(4) of this section. A resulting
failure will require that the operator attend and satisfactorily complete
the initial course of instruction for certification of a breath test operator
in order to regain current certification.
(5)
Upon successful completion of the requirements for renewal
of certification, the scientific director will issue the individual an operator's
certificate valid for a period of time designated by the scientific director
or until next renewal unless inactivated or suspended.
(c)
Proficiency requirements.
(1)
The scientific director or a designated representative
or the operator's technical supervisor may at any time require an operator
to demonstrate proficiency and ability to properly operate the instrument
and reference sample device.
(2)
It is the responsibility of the individual operator to
maintain proficiency.
(3)
Failure to pass a proficiency test will result in the suspension
of the operator's certification for 30 days.
(d)
Certification inactivation and suspension.
(1)
Inactivation may be initiated by the certified operator
in case of voluntary surrender of certification or by anyone having authority
to suspend. The technical supervisor or operator shall, without delay, notify
the office of the scientific director of any such inactivation. Challenges
to involuntary inactivation will be resolved at the discretion of the scientific
director. Inactivation will be utilized in, but not limited to the following
situations:
(A)
an operator transfers to a position where certification
as a breath test operator is no longer desired;
(B)
an operator fails to renew certification prior to its expiration;
(C)
an operator terminates employment under which certification
was acquired;
(D)
administrative program control to safeguard the scientific
integrity of the breath alcohol testing program.
(2)
Suspension of certification will be utilized when the scientific
director and/or a technical supervisor determines an operator intentionally
or purposefully disregards or violates these regulations, or commits a violation
of law relating to breath testing, or falsely or deceitfully obtains certification,
or for malfeasance or noncompliance with any provision of these regulations,
or when in the technical supervisor's judgment the operator's performance
is unreliable or the operator is incompetent.
(A)
The technical supervisor shall, without delay, notify the
scientific director in writing of any such suspension and furnish a copy of
such notice to the suspended operator and the operator's appropriate supervisor
or department head. The suspended operator shall not be permitted to operate
the instrument until such time as certification has been restored pursuant
to subsection (e) of this section.
(B)
Upon receipt of the notification of suspension, the scientific
director shall initiate, if not previously completed, an inquiry culminating
in sustaining the suspension, or setting aside the suspension.
(C)
The minimum period of suspension as determined by the scientific
director will be for a period of time not less than 30 days. The technical
supervisor or a designated representative of the scientific director may recommend
a specific period of suspension to the scientific director.
(D)
Due to the immediate nature and the procedure for appeal,
the individual initiating the suspension shall not be required to confer,
consult, or obtain permission or approval from anyone prior to the initiation
of the suspension. However, all suspensions must be consistent with procedures
outlined in this title.
(3)
An operator whose certification has been suspended may
appeal such action in writing to the director, Texas Department of Public
Safety, who will determine if the action of the scientific director will be
affirmed or set aside. The director may reinstate the certification under
such conditions as deemed necessary and notify the scientific director in
writing.
(e)
Recertification.
(1)
Certification that has been inactivated or suspended must
be regained before evidential analyses may be administered. It will be the
responsibility of the inactivated or suspended operator to notify the scientific
director in writing of such intent. Recertification shall take place pursuant
to the following:
(A)
recertification after inactivation for the failure to complete
the renewal process prior to the expiration of current certification will
be pursuant to subsection (a)(4) of this section;
(B)
recertification after inactivation or suspension will be
pursuant to subsection (a)(4) of this section;
(C)
recertification after an inactivation or suspension period
of greater than five years the operator must attend and satisfactorily complete
the initial course of instruction for certification of a breath test operator
pursuant to subsection (a) of this section.
(D)
recertification after a change in instrumentation or testing
methodologies will be at the discretion of the scientific director, pursuant
to subsection (a)(6) of this section.
(f)
Certificate. The issuance of a certificate to the breath
test operator shall be evidence that the operator has met the requirements
for initial certification and/or renewal of certification.
(g)
Verification. The technical supervisor, when required,
shall provide direct testimony or by written affidavit verifying all aspects
of certification of operators within an assigned area.
§19.6.Technical Supervisor Certification.
(a)
The primary function of the technical supervisor is to
provide the technical, administrative and supervisory expertise in safeguarding
the scientific integrity of the breath alcohol testing program and to assure
the breath alcohol testing program's acceptability for evidential purposes.
The technical supervisor, in matters pertaining to breath alcohol testing,
is the field agent of the scientific director. Supervision by the technical
supervisor in accordance with the provisions stated in these regulations shall
include, but not be limited to:
(1)
supervision of certified operators in performance of breath
alcohol test operations, including the proper completion of forms and records
and operator's compliance with the provisions stated in these regulations;
(2)
supervision of certified instrumentation, reference sample
devices and affiliated equipment in an assigned area;
(3)
supervision of data gathered for initial certification
and/or approval of individual instruments and reference sample devices in
an assigned area;
(4)
supervision of techniques of testing, maintaining scientific
integrity and upholding these regulations as they apply to the certification
of a total testing program;
(5)
selection and supervision of a site location as it applies
to security and technical suitability for testing;
(6)
supervision of compliance with the policy of public information
and/or demonstrations of breath alcohol testing instruments and equipment;
(7)
all technical, administrative and regulatory aspects of
breath alcohol testing within a designated area; and
(8)
expert testimony by direct testimony or by written affidavit
concerning all aspects of breath alcohol testing within an assigned area.
(b)
The minimum qualifications for certification as a technical
supervisor are:
(1)
a baccalaureate degree from an accredited college or university
with a major in chemistry, or as an alternative, a major in another scientific
field with sufficient semester hours in chemistry or other qualifications
as determined by the scientific director (For the purposes of these regulations,
sufficient hours in chemistry shall be defined as successful completion of
the equivalent of a minimum of 18 semester hours of chemistry, no more than
8 of which may be freshman level.);
(2)
satisfactory completion of a course of instruction as set
forth in §19.5(a)(3) of this title (relating to Operator Certification);
(3)
satisfactory completion of technical supervisor training
that is approved by the scientific director, the content of which shall include,
but not be limited to:
(A)
advanced survey of current information concerning alcohol
and its effects on the human body;
(B)
operational principles and theories applicable to the program;
(C)
instrument operations, maintenance, repair and calibration;
(D)
legal aspects of breath alcohol analysis;
(E)
principles of instruction;
(4)
knowledge and understanding of the scientific theory and
principles as to the operation of the instrument and reference sample device;
(5)
prior to receiving certification, a technical supervisor
candidate must establish proof of engagement in an approved program or a certified
school of instruction or proof of pending engagement upon receipt of certification.
If the technical supervisor candidate or certified technical supervisor cannot
establish proof of being actively engaged in an approved program or approved
school of instruction, certification will, at the discretion of the scientific
director, be denied or inactivated;
(6)
Conviction history:
(A)
persons convicted of a felony or a Class A misdemeanor
shall not be eligible to be a certified technical supervisor;
(B)
persons convicted of a Class B misdemeanor within the last
ten years shall not be eligible to be a certified technical supervisor;
(C)
persons receiving a driver license suspension for refusal
to submit to a chemical test as per the provisions of Chapter 724 or Chapter
522, Texas Transportation Code, within the last ten years shall not be eligible
to be a certified technical supervisor.
(c)
Certification.
(1)
Upon satisfactory proof to the scientific director by the
applicant that the minimum qualifications set forth in subsection (b) of this
section has been met, the scientific director will issue certification that
will be valid for a period of time designated by the scientific director unless
inactivated or suspended.
(2)
Technical supervisor certification may be voluntarily inactivated
when it is no longer needed or inactivated at the discretion of the scientific
director if the technical supervisor is no longer actively engaged in an approved
program or certified school of instruction.
(3)
Technical supervisor certification may be suspended only
by the scientific director for malfeasance, falsely or deceitfully obtaining
certification or failure to carry out the responsibilities set forth in this
title.
(4)
A technical supervisor whose certification has been suspended
may appeal such action in writing to the director, Texas Department of Public
Safety, who will decide whether the action of the scientific director will
be affirmed or set aside. The director may reinstate certification of the
technical supervisor making such appeal under such conditions deemed necessary
and notify the scientific director in writing.
(d)
Certificate. The issuance of a certificate to the technical
supervisor shall be evidence that the technical supervisor has met the requirements
for certification.
(e)
Renewal of current certification and recertification. In
order to maintain current certification, the Technical Supervisor is required
to renew certification prior to its expiration. The scientific director shall
determine the minimum requirement for renewal of technical supervisor certification
and for recertification after inactivation or suspension.
§19.7.Approval of Courses of Instruction.
(a)
Any agency, laboratory, institution, school or college
intending to offer a course of instruction for certified operators of evidential
breath alcohol testing instruments, must have the course curriculum approved
by the scientific director.
(b)
The operator course must utilize the most current revision
of the Texas Breath Alcohol Testing Program Operator Manual as the primary
instructional text and contain, as a minimum, the following hours and areas
of instruction:
(1)
three hours of instruction on the effects of alcohol on
the human body;
(2)
three hours of instruction on the operational principles
of the breath alcohol testing instrument to be used. This instruction shall
include:
(A)
a functional description of the testing method; and
(B)
a detailed operational description of the method with demonstrations;
(3)
five hours of instruction on Texas legal aspects of breath
alcohol testing;
(4)
three hours of instruction on supplemental information
which is to include nomenclature appropriate to the field of breath alcohol
testing;
(5)
10 hours of participation in a laboratory setting operating
the breath testing equipment. Laboratory practice will include the analysis
of reference samples, as well as the analysis of breath samples from actual
drinking subjects and completion of all required records and reports needed
for documentation;
(6)
examination time (approximately three hours) which will
be considered part of the course.
(c)
Each course of instruction shall be coordinated by or under
the general direction or supervision of a certified technical supervisor.
(d)
All courses of instruction will be open to the scientific
director or designated representative for inspection thereof.
(e)
Upon satisfactory proof of compliance of subsections (a)
- (d) of this section to the scientific director, the scientific director
will approve the course of instruction and its participants will be eligible
to apply for operator certification.
(f)
Prior to commencing the course it will be the responsibility
of the teaching agency to make arrangements with the office of the scientific
director for the administration of examinations.
(g)
Prior to the administration of the examination by the scientific
director, it shall be the responsibility of the course of instruction coordinator(s)
to provide proof that all students attending the course of instruction have
been authorized and approved by the technical supervisor responsible for the
technical supervision of the operator upon certification. Failure to provide
this authorization will delay the administration of the examination and/or
certification until such time as proof of authorization can be documented.
(h)
Examinations for operator certification after completion
of a course will be in accordance with §19.5(a)(4) of this title (relating
to Operator Certification).
(i)
Failure to maintain the provisions stated in this section
will be cause for the scientific director to rescind approval of a course
of instruction.
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 March 6, 2006.
TRD-200601415
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 26, 2006
Proposal publication date: September 9, 2005
For further information, please call: (512) 424-2135
Chapter 19.
BREATH ALCOHOL TESTING REGULATIONS