37 TAC §16.100
The Texas Department of Public Safety proposes amendments
to §16.100, concerning Sanctions and Disqualifications.
Amendments to §16.100 are necessary in order to change the name of
the title and to clarify to the courts that the information in the rule is
necessary at the conviction level and not the citation level.
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 current and updated rules. There is no adverse
economic impact anticipated for individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code
does not apply to this rule. Accordingly, the department is not required to
complete a takings impact assessment regarding this rule.
Comments on the proposal may be submitted to Bob Burroughs, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0300, (512) 424-2768.
The amendment 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.
Texas Government Code, §411.004(3) is affected by this proposal.
§16.100.Information on Traffic Convictions Reported [ Citations ].
A
conviction report resulting from a
traffic citation issued
to a person driving a commercial motor vehicle (CMV), or who is the holder
of a commercial driver's license or commercial driver's learner's permit,
for a violation of any law regulating the operation of vehicles on highways,
must be on a form that contains the following information:
(1)
the name, address, physical description, and date of birth
of the party charged;
(2)
the number, if any, of the person's driver's license;
(3)
the registration number of the vehicle involved;
(4)
whether the vehicle was a CMV as defined in Texas Transportation
Code, Chapter 522;
(5)
whether the vehicle was involved in the transporting of
hazardous materials; and
(6)
the date and nature of the offense, including whether the
offense was a serious traffic violation as defined in Texas Transportation
Code, Chapter 522.
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 January 10, 2007.
TRD-200700100
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 25, 2007
For further information, please call: (512) 424-2135