Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4.
COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter E. ADVISORY OVERSIGHT COMMUNITY OUTREACH COMMITTEE
37 TAC §4.71
The Texas Department of Public Safety adopts new Subchapter
E, §4.71, concerning the Advisory Oversight Community Outreach Committee,
without changes to the proposed text as published in the November 10, 2006,
issue of the
Texas Register
(31 TexReg 9268).
Adoption of new §4.71 is necessary in order to establish the Advisory
Oversight Community Outreach Committee in accordance with House Bill 925 (79th
Texas Legislature - Regular Session). The purpose of the Advisory Oversight
Community Outreach Committee is to document to the Public Safety Commission
trade-related incidents involving department personnel; to develop recommendations
and strategies to improve community relations, department personnel conduct,
and the truck inspection process at the ports-of-entry on the Texas-Mexico
border; and to act as ombudsman between the department and the residents and
communities in the Texas-Mexico border area and between the department and
the department's personnel.
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 Texas Government Code, §411.0197(a),
which authorizes the Public Safety Commission to adopt rules for the implementation
and operation of the Advisory Oversight Community Outreach Committee.
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 January 10, 2007.
TRD-200700095
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 30, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 424-2135
Subchapter C. STANDARDS
37 TAC §35.34
The Texas Department of Public Safety adopts amendments to §35.34,
concerning Standards of Conduct, without changes to the proposed text as published
in the November 10, 2006, issue of the
Texas Register
(31 TexReg 9270).
Adoption of the amendments to §35.34 are necessary in order to delete
current subsection (a) which the department believes needlessly involves the
Private Security Bureau in contractual disputes between licensees and clients;
reformats the remaining sections and add a new subsection (n) which provides
for additional standards of conduct for regulated businesses.
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 Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
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 January 10, 2007.
TRD-200700096
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 30, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 424-2135
37 TAC §35.41
The Texas Department of Public Safety adopts amendments to §35.41,
concerning Company Name Selection, without changes to the proposed text as
published in the November 10, 2006, issue of the
Texas Register
(31 TexReg 9271).
Adoption of the amendments to §35.41 are necessary in order to add
new subsections (b) and (c) which clarify the criteria used by the Bureau
in evaluating company name requests and to reduce the confusion that occurs
when substantially similar company names are used by unrelated entities. In
addition, the title of the section has also been changed.
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 Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
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 January 10, 2007.
TRD-200700097
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 30, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 424-2135
37 TAC §35.205
The Texas Department of Public Safety adopts amendments to §35.205,
concerning Records Required on Commissioned Security Officers, without changes
to the proposed text as published in the November 10, 2006, issue of the
Adoption of the amendments to §35.205 are necessary in order to shift
the burden from the employer to the officer/employee, to ensure the accuracy
of the employer’s record of the officer’s current residence. The
amendment acknowledges that employers do not have independent information
on their employees in this regard and must rely on what the employee provides
to them.
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 Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
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 January 10, 2007.
TRD-200700098
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 30, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 424-2135
37 TAC §35.251
The Texas Department of Public Safety adopts amendments to §35.251,
concerning Application for a Training School Approval, without changes to
the proposed text as published in the November 10, 2006, issue of the
Adoption of the amendments to §35.251 subsection (c) are necessary
in order to update the cross-references that appear in the rule. This is a
non-substantive change.
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 Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
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 January 10, 2007.
TRD-200700099
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: January 30, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 424-2135
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.75
The Texas Youth Commission adopts an amendment to §87.75,
concerning program services for offenders with mental retardation, without
changes to the proposed text as published in the December 1, 2006, issue of
the
Texas Register
(31 TexReg 9685).
The amendment to the section removes the requirement that updates to a
youth's individual case plan be documented monthly. This revision mirrors
a recent amendment to §87.1 of this title, which provides for updates
to the individual case plan in 30, 60 or 90-day intervals, depending on a
youth's classification and restriction level. The justification for amending
the section is to ensure consistency among agency rules.
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 accomplishment of its functions.
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 January 10, 2007.
TRD-200700091
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 30, 2007
Proposal publication date: December 1, 2006
For further information, please call: (512) 424-6014
Subchapter B. CONTRACTS FOR OTHER THAN YOUTH SERVICES
37 TAC §111.31
The Texas Youth Commission adopts an amendment to §111.31,
concerning contracting for services, without changes to the proposed text
as published in the December 1, 2006, issue of the
Texas Register
(31 TexReg 9685).
The amendment removes a redundant provision regarding the threshold at
which approval of the deputy executive director is required. Any contract
valued at or above $5000 must be approved by the deputy executive director,
regardless of its duration. The provision in this rule which requires that
contracts with terms exceeding 12 months be approved by the deputy executive
director will be removed, as such contracts will generally be valued above
the $5000 threshold. The justification for amending the section is elimination
of a redundant approval authority requirement.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Human Resources Code §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
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 January 10, 2007.
TRD-200700092
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: January 30, 2007
Proposal publication date: December 1, 2006
For further information, please call: (512) 424-6014
Chapter 35.
PRIVATE SECURITY
Subchapter M. COMPANY RECORDS
Subchapter Q. TRAINING
Part 3.
TEXAS YOUTH COMMISSION
Chapter 111.
CONTRACTS
Chapter 119.
AGREEMENTS WITH OTHER AGENCIES