Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter A. REGULATIONS GOVERNING HAZARDOUS MATERIALS
The Texas Department of Public Safety adopts amendments to §4.1, concerning Regulations Governing Hazardous Materials, without changes to the proposed text as published in the March 28, 2008, issue of the Texas Register (33 TexReg 2668).
Adoption of amendments to §4.1 is necessary in order to ensure that the Federal Hazardous Material Regulations, incorporated by reference in this section, reflect all amendments and interpretations issued through April 1, 2008.
On April 10, 2008, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.018, which authorizes the director to adopt all or part of the federal hazardous materials rules by reference; and Texas Transportation Code, §644.051, which authorizes the director to adopt all or part of the federal safety regulations by reference.
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 22, 2008.
TRD-200802665
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 11, 2008
Proposal publication date: March 28, 2008
For further information, please call: (512) 424-2135
37 TAC §§4.11, 4.13 - 4.15, 4.17
The Texas Department of Public Safety adopts amendments to §§4.11, 4.13 - 4.15, and 4.17 concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the March 28, 2008, issue of the Texas Register (33 TexReg 2670).
Adoption of amendments to §4.11 are necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in this section, reflect all amendments and interpretations issued through April 1, 2008; to clarify the rules to ensure that all drivers of commercial motor vehicles are properly qualified to operate these vehicles; to clarify that motor carriers are only subject to these rules when operating a regulated commercial motor vehicle; to clarify that a medical examination certificate can be issued for a period of less than 24 months by a medical examiner; and to correct grammatical errors in the text.
Adoption of amendment to §4.13 are necessary in order to update the text to reflect changes contained in Senate Bill 330, as passed by the 80th Texas Legislature, pertaining to locations where a non-commissioned employee of the department can conduct commercial motor vehicle inspections.
Adoption of amendments to §4.14 are necessary in order to further clarify certain general and date timelines requirements for municipalities and counties participating in the commercial vehicle inspection program.
Adoption of amendments to §4.15 are necessary in order to allow for delivery of safety rating correspondence to a motor carrier at the last known location, address, electronic mail address, or facsimile number for the motor carrier; to clarify that only compliance reviews resulting from a request to change a safety rating where the safety rating has been final for less than 6 months will be processed in accordance with the expedited timelines specified in the rule; to eliminate the term "streamlined compliance review" and replace it with the term "follow-up compliance review"; and to allow the department to extend the final effective date of a safety rating for a motor carrier transporting passengers or hazardous materials for up to 30 days when the motor carrier has submitted evidence of corrective actions.
Adoption of amendments to §4.17 are necessary in order to allow the department to notify motor carriers of claims using electronic mail, provided the department verifies receipt by a responsible individual; and to set the deadline for responding to or appealing a notice of claim at 20 calendar days rather than 20 business days, which is consistent with the requirements of Texas Transportation Code, §644.153(e).
On April 10, 2008, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference.
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 22, 2008.
TRD-200802666
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 11, 2008
Proposal publication date: March 28, 2008
For further information, please call: (512) 424-2135
Subchapter B. PROHIBITIONS
The Texas Department of Public Safety adopts the repeal of §35.14, concerning Prohibitions, without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2265).
Adoption of the repeal is necessary due to it having been rendered redundant by H.B. 2833, Acts 2007, 80th Leg. R.S. (amending Chapter 1702 of the Occupations Code).
No comments were received regarding adoption of the repeal.
The repeal 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 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 May 22, 2008.
TRD-200802663
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 11, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §§35.42, 35.43, and 35.45, concerning Standards, without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2265).
Adoption of new §35.42 is necessary because §1702.113(b) of the Texas Occupations Code was amended to require that the Board establish which Class B misdemeanors are to be disqualifying under that section. The Board is of the opinion that the prohibitive Class B misdemeanors are directly related to the provision of services regulated by the Private Security Act, and that the discretionary offenses may, under certain circumstances, be so related, in that the license may offer the license holder an opportunity to commit further such offenses. In addition, the Board believes that the commission of such offenses raises doubts regarding whether the individual's judgment and character is suited to the provision of regulated services.
Adoption of new §35.43 is necessary because §1702.113(a) of the Texas Occupations Code was amended to require that the Board establish the circumstances under which an "other than honorable discharge" is to be disqualifying under that section. The Board is of the opinion that military discharges under "other than honorable conditions" should be prohibitive when they are based on classified criminal offenses, and that the term of disqualification should track the statutory criteria associated with the level of the offense. For those that are not based on a classifiable offense, the Board believes a ten year term of disqualification is appropriate, based on the various circumstances that can result in such a discharge.
Adoption of new §35.45 is necessary because §1702.113(a) and §1702.3615 of the Texas Occupations Code were amended to require that the Board establish the factors to be considered in determining whether circumstances warrant approval of an application where the application has been denied solely because of the applicant's status as a registered sex offender. The Board is of the opinion that the proposed criteria will enable it to fairly evaluate the applicant's fitness for licensure. The criteria include the age of the applicant at the time of the underlying offense, the classification of the offense, any evidence of rehabilitation or recidivism, the amount of time that has passed, and the relationship between the offense and the occupation for which the individual seeks a license, including whether licensure will facilitate the commission of a similar offense.
No comments were received regarding adoption of the new sections.
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 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 May 22, 2008.
TRD-200802664
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 11, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 424-2135
The Texas Commission on Fire Protection (the Commission) adopts amendments to Subchapter B, §423.203, Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel, and §423.303, Minimum Standards for Basic Marine Fire Protection Personnel Certification, with changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1275) and will be republished.
The purpose of the adopted amendments is to correct grammatical errors and delete obsolete language referring to part-time certification for aircraft rescue firefighters and part-time certification for marine fire protection personnel. During the Commission meeting held April 10, 2008, it was determined that subsection (b) of §423.203 and §423.303 should also be deleted because the Commission does not issue part-time certifications. Part-time employees of regulated entities are required to hold at least a basic certification in the discipline they are assigned.
Mr. Soteriou has determined there are no additional costs of compliance for small or large businesses or individuals that are required to comply with these adopted amendments.
Mr. Soteriou has also determined that for each year of the first five years the adopted amendments are in effect, there will be no public benefit anticipated as a result of enforcing these amendments.
No comments were received from the public regarding these proposed amendments.
Subchapter B. MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL
These amendments are adopted under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
§423.203.Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification.
In order to obtain a Basic Aircraft Rescue Fire Fighting Personnel Certification the individual must:
(1) hold a Basic Structure Fire Protection Personnel Certification; and
(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Airport Fire Fighter; or
(3) complete a Commission-approved aircraft rescue fire suppression training program and successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved aircraft rescue fire suppression training program shall consist of one of the following:
(A) a Commission-approved Basic Aircraft Rescue Fire Suppression Curriculum as specified in Chapter 2 of the Commission's Certification Curriculum Manual.
(B) an out-of-state, and/or military training program that has been submitted to the Commission for evaluation and found to be equivalent to or exceeds the Commission-approved Basic Aircraft Rescue Fire Suppression Curriculum.
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 21, 2008.
TRD-200802658
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 10, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 936-3838
These amendments are adopted under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
§423.303.Minimum Standards for Basic Marine Fire Protection Personnel Certification.
In order to obtain a basic Marine Fire Protection Personnel Certification the individual must:
(1) hold a Basic Structure Fire Protection Personnel Certification;
(2) complete a training program specific to marine fire protection consisting of one of the following:
(A) complete the Commission-approved Basic Marine Fire Protection Curriculum as specified in Chapter 3, of the Commission's Certification Curriculum Manual.
(B) An out-of-state, and/or military training program that has been submitted to the Commission for evaluation and found to be equivalent to or exceed the Commission-approved Basic Marine Fire Protection Curriculum.
(3) successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification) prior to assignment.
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 21, 2008.
TRD-200802659
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 10, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 936-3838
The Texas Commission on Fire Protection (the Commission) adopts an amendment without changes to Chapter 449, Head of a Department, §449.1, Minimum Standards for the Head of a Fire Department. This amendment is adopted without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1276), and will not be republished.
The purpose of the adopted amendment is to correct grammatical errors and clarify when an individual appointed as head of a department becomes eligible to be certified and the documentation that must be submitted verifying that eligibility.
No comments were received on the proposed amendment.
This amendment is adopted under Texas Government Code, §419.008, which provides the Commission with the authority to propose rules for the administration of its powers and duties.
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 21, 2008.
TRD-200802657
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 10, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 936-3838