Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1. ORGANIZATION AND ADMINISTRATION
Subchapter U. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM POLICIES
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of §1.261, concerning Historically Underutilized Business Program Policies. Repeal of the section is necessary due to substantial changes being made. The repeal is filed simultaneously with a proposal for new §1.261 which will promulgate the department's rules regarding Historically Underutilized Businesses.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeal. There are no anticipated economic costs to persons who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be current and updated rules.
The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Government Code does not apply to this repeal. Accordingly, the department is not required to complete a takings impact assessment regarding this repeal.
Comments on the repeal may be submitted to Kevin Jones, CTPM, Procurement and Contract Administration, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0130, (512) 424-2071.
The repeal 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 Texas Government Code, §2161.003.
Texas Government Code, §411.004(3), and §2161.003 are affected by this repeal.
§1.261.General Policy.
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 April 30, 2008.
TRD-200802287
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety proposes new §1.261, concerning the Historically Underutilized Business (HUB) Program. New §1.261 is necessary in order to promulgate rules to comply with Texas Government Code, §2161.003, which requires the department to adopt the Comptroller's HUB Program rules as our own. The proposal is being filed simultaneously with the repeal of current §1.261.
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 there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also 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.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to this rule. Accordingly, the Department is not required to complete a takings impact assessment regarding this rule.
Comments regarding the new section may be submitted to Kevin Jones, CTPM, Procurement and Contract Administration, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0130, (512) 424-2071.
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 Texas Government Code, §2161.003.
Texas Government Code, §411.004(3), and §2161.003 are affected by this proposal.
§1.261.Historically Underutilized Business (HUB) Program.
Pursuant to §2161.003 of the Texas Government Code and to the extent applicable, the Texas Department of Public Safety adopts by reference the Historically Underutilized Business Program rules of the Texas Comptroller of Public Accounts ("Comptroller"), including any changes the Comptroller adopts hereafter. The rules may be found at 34 TAC §§20.11 - 20.28.
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 April 30, 2008.
TRD-200802288
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
Subchapter A. GENERAL PROVISIONS
The Texas Department of Public Safety proposes amendments to Chapter 6, §6.1 and §6.2, concerning General Provisions. Amendments to §6.1 reformat the section in order to delete redundant information which is already contained in the Act and provide for clarification. Amendments to §6.2 are necessary in order to update the rule to reflect current statutory requirements and practices.
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.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the sections as proposed. There are no anticipated economic costs to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also 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 current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these rules. Accordingly, the Department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Government Code, Chapter 411, Subchapter H.
[(2) Active judicial officer--A
person serving as a judge or justice of the supreme court, the court
of criminal appeals, a court of appeals, a district court, a criminal
district court, a constitutional county court, a statutory county
court, a justice court, or a municipal court.]
(2) [(3)] Applicant--A license
applicant or an instructor applicant.
(3) [(4)] Certified handgun instructor--A
[qualified] handgun instructor who has been instructed
and qualified by the department to instruct in the use of handguns
specifically for the purpose of training applicants for a concealed
handgun license.
[(5) Chemically dependent person--A person who:]
[(A) frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented;]
[(B) has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense;]
[(C) is an unlawful user of or addicted to any controlled substance; or]
[(D) is an addict, as defined by United States Code §802.]
[(6) Concealed handgun--A
handgun, the presence of which is not openly discernible to the ordinary
observation of a reasonable person.]
[(7) Controlled substance--has
the meaning assigned by 21 United States Code §802.]
[(8) Convicted--An adjudication
of guilt or an order of deferred adjudication entered against a person
by a court of competent jurisdiction for an offense under the laws
of this state, another state, or the United States, whether or not
the imposition of the sentence is subsequently probated and the person
is discharged from community supervision. The term does not include
an adjudication of guilt or an order of deferred adjudication which
has been subsequently:]
[(A) expunged; or]
[(B) pardoned under the authority of a state or federal official.]
[(9) Delinquent Conduct--Has
the meaning assigned by Family Code, §51.03.]
(4) [(10)] Department--The Texas
Department of Public Safety, including employees of the department.
(5) [(11)] Director--The Director
of the Texas Department of Public Safety or the Director's designee.
(6) [(12)] Director's designee--For
purposes of conducting background investigations under this chapter,
refers to an employee of the department, unless otherwise specified
by the Director.
[(13) Finally determined--whether
a person has been finally determined to be delinquent in the payment
of taxes, student loans, or child support payments will be determined
by the agency reporting the delinquency to the Department.]
[(14) Handgun--Has the
meaning assigned by Texas Penal Code, §46.01.]
[(15) Instructor applicant--A
person who applies for certification, either original or renewed,
as a qualified handgun instructor.]
[(16) Intoxicated--Has
the meaning assigned by Texas Penal Code, §49.01.]
[(17) License applicant--An
applicant for a license, either original or renewed, to carry a concealed
handgun under the Act.]
(7) [(18)] License holder--A
person licensed to carry a concealed handgun under the Act.
[(19) Qualified handgun
instructor--A person who is certified by the department to instruct
in the use of handguns.]
(8) [(20)] Residence--One's [
Domicile; that is, one's] home and fixed place of habitation
to which one [he] intends to return after any
temporary absence. The term "residence" has the meaning assigned in §15.25
of this title (relating to Address).
[(21) Retired judicial
officer--A special judge appointed under Texas Government Code, §26.023
or §26.024; or a senior judge designated under Texas Government
Code, §75.001; or a judicial officer as designated or defined
by Texas Government Code, §75.001, §831.001, or §836.001.]
§6.2.Method of Payment.
(a) Payment to the department of any fee required by
this chapter or by the Act may be made [only] by
personal check, cashier's check, money order, or by check issued by a
federal, state, or local government agency, made payable to the Texas
Department of Public Safety. In addition, the department will accept
payment by approved credit cards for applications submitted electronically
using TexasOnline. Cash payments may be made only in person at the
designated location of the Department of Public Safety Headquarters
in Austin, Texas [online using the department website].
(b) A fee received by the department under this chapter or the Act is nonrefundable.
(c) An individual whose fee payment by personal check or credit card is dishonored or returned will be disqualified from using online application services in the future and will be required to pay all future fees by money order or cashier's check.
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 April 30, 2008.
TRD-200802289
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §§6.3 - 6.5, concerning General Provisions. Repeal of the sections is necessary in order to delete redundant information which is already contained in the Act.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.3.Correspondence.
§6.4.Notice Required on Certain Premises.
§6.5.Notice Optional on Other Premises.
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 April 30, 2008.
TRD-200802290
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §§6.11 - 6.21, concerning Eligibility and Application Procedures. Repeal of the sections is necessary in order to delete redundant information already contained in the Act or because it does not reflect current practices. This repeal is filed simultaneously with a proposal for new §§6.11 - 6.15 which will promulgate eligibility and application procedures.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.11.Eligibility for License To Carry a Concealed Handgun.
§6.12.Preliminary Application Procedure: Application Request Card.
§6.13.Preliminary Review and Determination by the Department.
§6.14.Proficiency Requirements.
§6.15.Basic Application Materials Required.
§6.16.Special Application Procedures and Fees.
§6.17.Application Review and Background Investigation.
§6.18.License Issuance.
§6.19.Duplicate License; Notice of Change of Address or Name.
§6.20.Modified License.
§6.21.Renewal of License.
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 April 30, 2008.
TRD-200802291
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety proposes new Chapter 6, §§6.11 - 6.15, concerning Eligibility and Application Procedures. The new sections set forth eligibility and application procedures for licensing persons to carry concealed handguns. The new sections are filed simultaneously with the repeal of current §§6.11 - 6.21 and are necessary due to several sections having been renumbered and updated in order to conform to current practices
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the new sections are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the new sections as proposed. The anticipated economic costs to individuals who are required to comply with the new sections as proposed will be the actual cost of an original license or renewal. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the new sections are in effect, the public benefit anticipated as a result of enforcing the new sections will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these new sections. Accordingly, the Department is not required to complete a takings impact assessment regarding these new sections.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The new sections 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.11.Proficiency Requirements.
(a) The proficiency demonstration course will be the same for both instructors and license applications. The course of fire will be at distances of three, seven, and fifteen yards, for a total of fifty rounds.
(1) Twenty rounds will be fired from three yards, as follows:
(A) five rounds will be fired "One Shot Exercise"; two seconds allowed for each shot;
(B) ten rounds will be fired "Two Shot Exercise"; three seconds allowed for each two shots; and
(C) five rounds will be fired; ten seconds allowed for five shots.
(2) Twenty rounds will be fired from seven yards, fired in four five-shot strings as follows:
(A) the first five shots will be fired in ten seconds;
(B) the next five shots will be fired in two stages:
(i) two shots will be fired in four seconds; and
(ii) three shots will be fired in six seconds.
(C) the next five shots at seven yards will be fired "One Shot Exercise"; three seconds will be allowed for each shot; and
(D) the last five shots fired at the seven-yard line, the time will be fifteen seconds to shoot five rounds.
(3) Ten rounds will be fired from fifteen yards, fired in two five-shot strings as follows:
(A) the first five shots will be fired in two stages:
(i) two shots fired in six seconds; and
(ii) three shots fired in nine seconds.
(B) the last five shots will be fired in fifteen seconds.
(b) A student must score at least 70% on the written examination and shooting proficiency examination to obtain a proficiency certificate. A student will have three (3) opportunities to pass the written examination and shooting proficiency examination.
(c) An instructor must submit failures of the written examination or shooting examination to the department on the class completion notification and must indicate if the failure occurred after the student had been given three (3) opportunities to pass the examination.
§6.12.Basic Information to be Submitted with Application.
In addition to the information required by the Act, an application must contain all the following items:
(1) Proficiency certificate. The applicant must submit a handgun proficiency certificate (TR 100) issued upon successful completion of a handgun proficiency course approved by the department and taught by a certified handgun instructor. A proficiency certificate submitted by an original applicant will not be accepted by the department if it is more than two years old. A proficiency certificate submitted by a renewal applicant will not be accepted by the department if it is more than six months old.
(2) Driver License Number. An applicant shall provide a valid driver license number or identification certificate number issued by the department or by the issuing agency in the state of residence for non-resident applicants. Non-resident applicants and license holders must submit color photocopies of the front and back of their valid driver license or identification card issued by the appropriate state agency in their home state.
(3) Two recent color passport photographs of the applicant. The applicant shall submit two identical photographs of the applicant to the person who fingerprints the applicant, as detailed in paragraph (4) of this section. The photographs must be un-retouched color prints. Snapshots, vending machine prints, and full length photographs will not be accepted. The photographs must be 2 inches by 2 inches in size and printed on photo quality paper. The photographs must be taken in normal light, with white or off-white background. The photographs must present a good likeness of the applicant taken within the last six months. The applicant should be in normal attire and may not be wearing a hat or dark glasses. Unless worn daily for religious purposes, all hats or headgear must be removed for the photograph. In all cases, no item or attire may cover or otherwise obscure any part of the face. Eyeglasses worn on a daily basis may be worn for the photograph. However, there must be no reflections from the eyeglasses in the photograph that obscure the eyes. Dark glasses or non prescription glasses with tinted lenses are not acceptable unless required for medical purposes. The department may require a certificate from the applicant's treating physician to confirm that such items are medically required. The photographs must present a clear, frontal image of the applicant, except as provided below, and include the full face from the bottom of the chin to the top of the head, including hair. The image of the applicant must be between 1 and 1-3/8 inches. Only the applicant may be portrayed. Military personnel under 21 years of age must submit two identical color passport photos of the applicant in profile facing the left shoulder, 2 inches by 2 inches, taken in normal light with a white or off-white background. The photograph must include the bottom of the chin to the top of the head. Photos in which the face of the person being photographed is not in focus will not be accepted.
(4) Two fingerprint cards. The applicant must be fingerprinted by a person appropriately trained in recording fingerprints who is employed by a law enforcement agency or by a private entity designated by a law enforcement agency, as an entity qualified to take fingerprints of an applicant for a license. The applicant must display a Texas driver license or personal identification card issued by the department to the person recording the applicant's fingerprints. If the applicant is a non-resident, the applicant must display a driver license or personal identification card issued by the appropriate agency in the applicant's state of residence. The applicant must deliver two passport photographs as described in paragraph (3) of this section, two blank fingerprint cards supplied by the department, and an instruction page included in the application materials. An individual who is applying for an instructor certificate only is not required to submit photographs. Two complete sets of legible and classifiable fingerprints of the applicant must be recorded on cards provided by the department. The person who records the applicant's fingerprints shall:
(A) verify that the passport photographs are of the person being fingerprinted (not required for instructor applicants);
(B) either complete or verify the accuracy of the non-fingerprint data being submitted on the card;
(C) record the individual's fingerprints on the card, in a manner consistent with that normally done for an arrest fingerprint card, including the simultaneous impressions;
(D) obtain the signature of the applicant on both fingerprint cards and on the back of one of the passport photographs (not required for instructor applicants). The applicant's signature must comply with §15.21 of this title (relating to Signature);
(E) sign the fingerprint card and the back of the same passport photograph signed by the applicant; (not required for instructor applicants); and
(F) return all documents to the applicant to be forwarded to the department.
(5) Signature of applicant. The applicant must sign the passport photograph holder provided by the department. The applicant's signature must comply with §15.21 of this title.
(6) Proof of age. Proof of age may be established by a Texas driver license or personal identification card issued by the department. Non-resident applicants may establish proof of age by providing a copy of their valid driver license or personal identification card issued by the appropriate agency in their resident state. If an applicant cannot show proof of age through a driver license or personal identification card issued by the department, or appropriate state agency in their resident state, the applicant must submit alternative proof of age. The applicant may submit a certified copy of the applicant's birth certificate as prescribed in §15.24 of this title (relating to Identification of Applicants).
(7) Social Security number. An applicant must provide the applicant's Social Security number. This information is required to assist in the administration of laws relating to child support enforcement, as required and authorized by Family Code, §231.302.
(8) Failure to provide information. If an applicant fails to provide all required application materials, or fails to respond to a request by the department for additional information necessary to process the application, the application process will be terminated as set out in §6.13(a) of this title (relating to Application Review and Background Investigation).
§6.13.Application Review and Background Investigation.
(a) Applications must be complete and legible. If an application is not legible or complete, the department will notify the applicant of the deficiency. The applicant will have 90 days from the date of the deficiency notification letter to amend the application. Upon written request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend has expired, the application process will be terminated. An individual whose application has been terminated under this subsection will be required to submit new application materials and fees to apply for a license in the future.
(b) Time to review application and complete background investigation. The statutory time periods for the department to conduct application reviews and background investigations shall be measured from the date an application was received and complete. An application is not considered to have been received until it is complete.
§6.14.Duplicate License.
A license holder may not possess more than one license to carry a concealed handgun issued by the department. A license holder who requests a duplicate license based on a change of name or address shall destroy the old license promptly upon receipt of the duplicate license.
§6.15.Renewal of License.
(a) Grace period. An expired license may be renewed for up to one year after the expiration date. If the license has been expired for more than one year, the former license holder must submit an original license application to receive a license in the future.
(b) Notice of renewal. Renewal notices will be mailed to license holder no more than six (6) months before the expiration date to the address currently reported to the department by the applicant.
(c) Cost of renewal. The renewal fee for a license will be $70 except as otherwise provided by the Act.
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 April 30, 2008.
TRD-200802292
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §6.31 and §6.32, concerning Procedures on Denial of License. Repeal of the sections is necessary in order to delete redundant information which is already contained in the Act.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.31.Notice of Denial; Grounds.
§6.32.Request for Hearing; Administrative Review of Denial.
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 April 30, 2008.
TRD-200802293
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §§6.51 - 6.54, concerning Enforcement Procedures. Repeal of the sections is necessary in order to delete redundant information which is already contained in the Act.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.51.Authority of Peace Officer To Disarm.
§6.52.Duties of Peace Officer on Arrest of License Holder.
§6.53.Application of Code of Criminal Procedure to Seized Evidence.
§6.54.Duty of Court on Conviction of License Holder.
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 April 30, 2008.
TRD-200802294
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §§6.61 - 6.63, concerning Suspension And Revocation Procedures. Repeal of the sections is necessary in order to delete redundant information which is already contained in the Act.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.61.Suspension of License for Violation of the Act.
§6.62.Family Code Suspension of License.
§6.63.Revocation of License.
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 April 30, 2008.
TRD-200802295
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
37 TAC §§6.71 - 6.74, 6.76, 6.77, 6.79 - 6.92
The Texas Department of Public Safety proposes amendments to Chapter 6, §§6.71 - 6.74, 6.76, 6.77, 6.79 - 6.81, and new §§6.82 - 6.92, concerning Certified Handgun Instructors. Amendments to the sections are necessary in order to provide relevant information regarding current requirements. The new sections are filed simultaneously with the repeal of current §§6.82 - 6.96 and are necessary due to several sections having been renumbered and updated in order to conform to current statutory requirements and practices.
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.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the sections as proposed. The anticipated economic costs to individuals who are required to comply with the rules as proposed will be the actual cost of obtaining the original or renewal instructor certification. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also 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 current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these rules. Accordingly, the Department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The amendments and new rules 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.71. Instructor Application and Background Investigation.
(a) An instructor applicant is subject to
the same [a] background investigation [
substantially similar to the background investigation
] required for license applicants.
(b) An instructor applicant who is not able to attend the course of instruction for which he or she is scheduled may request to be rescheduled for another class. If the instructor applicant fails to attend this second scheduled class, the application will be terminated and the individual will be required to submit a new application in order to attend a course in the future.
§6.72.Instructor Training.
[The department shall provide necessary training to eligible
instructor applicants.] To qualify for certification as a handgun
instructor, an instructor applicant must apply for and successfully
complete the instructor training course offered by the department.
As part of the training course, the [The] instructor
applicant must demonstrate handgun proficiency and must pass
a written test covering the required subjects [knowledge
and ability to instruct persons on all required subjects].
§6.73.Equipment.
An instructor applicant must bring the following required equipment
to training: one non semi-automatic handgun; one semi-automatic handgun;
ammunition; ear protection (over-the-ear) and eye protection;
other appropriate protective clothing; and other equipment as determined
by the department. Handguns must be at least .32 caliber semi-automatic
[nine millimeter] or .38 caliber non-semi-automatic.
No optical enhancers will be allowed.
§6.74.Inspection of Handguns.
Each handgun that is to be used in a training course must be in safe and working condition. No handgun may have any internal modification which compromises the safety of the weapon. Handguns are subject to inspection by the department's instructors prior to training and at any time during the training course. If the instructor finds that a weapon is unsafe, then the instructor will reject the weapon for use in training and qualifications. The instructor may require that any handgun be secured or removed from department premises.
§6.76.Curriculum for Instructor Applicants.
The normal course of instruction for instructor applicants shall be
35-40 [40] hours in length. The
department may offer an abbreviated course for instructor applicants
who have prior certification from an approved training program.
Training will include instruction on the following subjects:
(1) the laws that relate to weapons and to the use of deadly force;
(2) handgun use, proficiency, and safety;
(3) nonviolent dispute resolution;
(4) proper storage practices for handguns, including storage practices that eliminate the possibility of accidental injury to a child;
(5) techniques of group instruction; and
(6) other subjects deemed necessary and appropriate by the department.
§6.77.Target.
(a) All courses of fire will be scored on a standard B-27 [
TX-PT] target. The B-27
target must be 24 inches by 45 inches and may be one of four colors;
black, blue, red, or green [The TX-PT is a blue silhouette
target developed by the department. No modifications to the target
or scoring will be allowed].
(b) The target shall be scored utilizing the 5, 4, 3 scoring diagram in the upper left hand corner.
§6.79.Conduct during Training.
(a) Good order and discipline will be maintained during the training course. Conduct which is disruptive or unsafe shall be grounds for immediate ejection from the training course. Unsafe handling of a handgun shall constitute grounds for immediate ejection from the training course.
(b) No instructor applicant or other person present during training shall consume alcohol prior to or during training. Consumption of alcohol or illegal drugs shall constitute grounds for immediate removal from training. No alcohol shall be brought on department premises. No person who is impaired by any substance may be present during training. Instructor applicants who take prescription medication should consult privately with the department's instructor about potential impairment of mental and physical faculties. If good cause exists to believe that any person is impaired during training, then the department's instructor shall remove that person from training.
(c) Removal of an [a] instructor
applicant shall be at the sole discretion of the
department's instructor.
§6.80. Failure to Qualify for Certification [ Reapplication ].
An instructor applicant who fails to qualify for certification will be given a preference for an opportunity to attend the normal course of instruction within six months.
§6.81.Abbreviated Instructor Training Course.
(a) An instructor applicant may apply for an abbreviated instructor training course which shall be 28 hours in length.
(b) An applicant for the abbreviated instructor training course must provide documentation or credentials in support of one of the following:
(1) that the individual has been certified by the
department's Private Security Bureau [
Texas Board of Private Investigators
and Private Security Agencies] to instruct others in the use
of handguns;
(2) that the individual has been certified by the National Rifle Association of America as a handgun instructor; or
(3) that the individual regularly instructs others in the use of handguns and has graduated from a handgun instructor school that uses a nationally accepted course designed to train persons as handgun instructors.
(c) An applicant for the abbreviated instructor training course may be required to produce course materials related to firearms courses previously attended.
(d) An applicant for the abbreviated instructor training course will be required to take a pretest to demonstrate both handgun knowledge and proficiency. The applicant will be given one opportunity to pass the pretest. To qualify for the abbreviated course, the instructor applicant must achieve the following score:
(1) a minimum score of 70% on written pretest; and
(2) a minimum score of 90% on proficiency with both a semi-automatic and non semi-automatic handgun.
(e) An applicant for the abbreviated instructor training course who fails to qualify on either the written or proficiency pretest for the abbreviated course of instruction will not be permitted to attend the training course, but will be given preference for an opportunity to attend the normal course of instruction within six months.
§6.82.No Authority To Carry.
Certification as an instructor does not authorize a person to carry a concealed handgun.
§6.83.Shooting Range and Classroom Facilities.
(a) All classroom and range instruction for license applicants shall be conducted in this state. All classroom and range instruction facilities are subject to inspection and registration by the department, as provided by this chapter.
(b) A shooting range which is to be used for instruction or proficiency demonstration of license applicants must be registered by the owner with the department as provided by this chapter. By virtue of registration of the range with the department, the range owner consents:
(1) to cooperate with the department in instruction of license applicants;
(2) to permit entry of department personnel onto the range facilities during normal business hours and at any time while instruction of license applicants is being conducted;
(3) to permit inspection of range facilities by department personnel;
(4) to permit monitoring of instruction of license applicants by department personnel; and
(5) to abide by the rules of this chapter.
(c) A range owner may withdraw from registered status by mailing the department 30 days advance written notice. The notice should identify the range owner and range number.
(d) Range instruction and proficiency demonstration must be conducted at a shooting range facility registered with the department. A proficiency certificate must indicate the range on which the proficiency examination was given. If a proficiency examination is conducted at a range not registered with the department, the certificate will be rejected.
(e) To be registered, each range must comply with applicable municipal, state, and federal law. The range must have the capability of shooting at a distance of 15 yards.
(f) No fee is required to register a shooting range with the department. To register a range, the range owner shall report the following information on a form provided by the department:
(1) the owner of the range;
(2) the physical address of the range;
(3) the mailing address of the range owner; and
(4) a notarized Range Certification Affidavit signed by a certified handgun instructor.
(g) Each registered range will be assigned an identification number to facilitate monitoring by the department of instruction of license applicants.
(h) A mobile shooting range may be registered with the department. The range owner must provide the department with a permanent mailing address in this state where the owner agrees to receive correspondence.
§6.84.Prior Notice of Training Required.
For each training session, a certified instructor shall give prior notice to the department of the date, time, classroom location, range location, range number, and one or more certified instructors who are responsible for the training session. Notice required by this section may be faxed to the department, and may include multiple training sessions.
§6.85.Monitoring by the Department.
Department personnel may monitor any class or training of license applicants by a certified handgun instructor. A certified handgun instructor shall cooperate with the department in its monitoring of the training of license applicants.
§6.86.Video and Guest Instruction; Approval.
Video instruction may be used as a component of course instruction only with the prior written approval of the department. Not more than 20% of course instruction may be video instruction. Guest instructors who are not certified may be used for course instruction only with the prior written approval of the department. Request for approval for video or guest instruction shall be submitted on Form TR-97, which is adopted for that purpose, and sent by mail or fax to the Texas Department of Public Safety Pistol Range, Post Office Box 4087, Austin, Texas 78773-0001.
§6.87.Instructor Record Retention.
(a) Records to be retained and available for inspection. A certified handgun instructor shall make available for inspection to the department any and all records maintained by a certified handgun instructor under the Act. A certified handgun instructor shall retain the following:
(1) a record of each proficiency certificate issued by the instructor;
(2) a record of each license applicant who has applied for instruction, whether accepted or rejected for instruction;
(3) post-test scores;
(4) written critiques or notes made by the instructor;
(5) proficiency demonstrations;
(6) course materials; and
(7) copies of reports submitted to the department.
(b) Records must be retained for a period of three years after completion. Records must be stored in a safe and secure place and must be available for inspection by authorized officers of the department.
§6.88.Instructor Reports to the Department.
(a) Report on completion. On completion of a training course by a license applicant, a certified instructor who trained the applicant shall submit a report to the department indicating only whether the applicant passed or failed.
(b) Accidental discharge report. If an accidental discharge occurs during training or proficiency examination, the certified handgun instructor shall submit a report to the department within five business days. An accidental discharge report shall be submitted on Form TR-98.
(c) Time to submit reports. Reports must be submitted within five business days on the most recent version of the forms approved by the department.
§6.89.Proficiency Certificates.
Proficiency certificates will be available for sale by the department to certified instructors for $5.00 each. Proficiency certificates will be sold in lots of ten or more. Proficiency certificates may be ordered on Form CR-91T, which is adopted for that purpose. Proficiency certificates may be awarded by an instructor to a qualified license applicant, but may not otherwise be transferred to another certified instructor or to any other person. Proficiency certificates shall be kept locked and secure at all times to prevent theft. A certified instructor shall report the loss, theft, or destruction of proficiency certificates to the department within five business days.
§6.90.Compliance.
Instructor applicants and certified handgun instructors are required to comply with all applicable municipal ordinances, state and federal statutes, and rules, regulations, policies and operational procedures of the Texas Department of Public Safety and the Texas Department of Public Safety Training Academy. Failure to comply may constitute grounds for removal from training, or denial, suspension, or revocation of instructor certification.
§6.91.Restrictions on Advertising and Promotional Material.
(a) An instructor may not use the State Seal of Texas in advertising or promotional materials. Private use of the State Seal of Texas for advertising or commercial purposes is a violation of Business and Commerce Code, §17.08. Violation is a misdemeanor and a deceptive trade practice as provided by that section.
(b) An instructor may not use the department's name or insignia, or the name of any division of the department, in advertising or promotional materials. Use of the Department name or insignia or Division name is a violation of Texas Government Code, §411.017. Violation is a criminal offense (Class A misdemeanor or third degree felony), as provided by that section.
§6.92.Expiration and Renewal of Instructor Certification.
The certification of a qualified handgun instructor expires on December 31 following the second anniversary after the date of certification. To renew certification, an instructor must pay a fee of $100 and successfully complete the retraining courses required by the department. An instructor whose certificate has expired may renew the certificate up to two years after its expiration. After two years, the instructor must reapply as a new instructor applicant.
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 April 30, 2008.
TRD-200802297
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §§6.82 - 6.96, concerning Certified Handgun Instructors. Repeal of the sections is necessary in order to delete redundant information already contained in the Act or because it does not reflect current practices. This repeal is filed simultaneously with a proposal for new §§6.82 - 6.92 which will promulgate current requirements for Certified Handgun Instructors.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.82.Instructor Certification.
§6.83.No Authority To Carry.
§6.84.Curriculum for License Applicants.
§6.85.Continuing Education.
§6.86.Shooting Range and Classroom Facilities.
§6.87.Prior Notice of Training Required.
§6.88.Monitoring by the Department.
§6.89.Video and Guest Instruction; Approval.
§6.90.Instructor Record Retention.
§6.91.Instructor Reports to the Department.
§6.92.Proficiency Certificates.
§6.93.Compliance.
§6.94.Restrictions on Advertising and Promotional Material.
§6.95.Expiration and Renewal of Instructor Certification.
§6.96.Review of Denial, Suspension, or Revocation of Instructor Certification.
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 April 30, 2008.
TRD-200802296
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 6, §§6.111 - 6.116, concerning Information And Reports. Repeal of the sections is necessary in order to delete redundant information which is already contained in the Act.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the repeals as proposed. There are no anticipated economic costs to individuals who are required to comply with the repeals as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to these repeals. Accordingly, the Department is not required to complete a takings impact assessment regarding these repeals.
Comments on the proposal may be submitted to Steve Moninger, Legal Staff, Regulatory Licensing Service, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0242, (512) 424-5834.
The repeals 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 Government Code, §411.197.
Texas Government Code, §411.004(3) and §411.197 are affected by this proposal.
§6.111.List of Certified Instructors; Training Sessions; Rangers.
§6.112.Statistical Report.
§6.113.Information Concerning Individual License Holder.
§6.114.Confidential Information.
§6.115.Information and Reports Available to Criminal Justice Agencies.
§6.116.Reports by the Department to Law Enforcement Agencies.
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 April 30, 2008.
TRD-200802298
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
Subchapter C. AMBER ALERT NETWORK FOR ABDUCTED CHILDREN
The Texas Department of Public Safety (DPS) proposes amendments to §9.22, concerning the Amber Alert Network For Abducted Children.
Amendment to the section is necessary in order to update the form number needed for requesting an Amber Alert. In addition, amendments to the graphic material contained in §9.22 are necessary in order update the form number and to outline additional information requested from local law enforcement when they request activation of the statewide Amber Alert Network. The graphic material has been revised to include a date of request, a phone number for media inquiries, and a National Crime Information Center Identification Control number for the victim, as well as reorganizing some of the information gathered about the victim and suspect.
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 there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also 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.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental 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 Patty Subia, Missing Persons Clearinghouse, Bureau of Information Analysis, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0422; or by electronic mail to patty.subia@txdps.state.tx.us. DPS will accept comments for 30 days after publication in the Texas Register. For further information, call Patty Subia at (512) 424-2811.
The amendments are proposed pursuant to Texas Government Code, §411.353(b), which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the alert system with the rules and directive to include instructions on the procedures for activating and deactivating the alert system; and Texas Government Code, §411.353(c), which requires the director to prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.
Texas Government Code, §411.353 is affected by this proposal.
§9.22.Local Law Enforcement Responsibility.
A local law enforcement agency with jurisdiction over the
investigation of an abducted child may submit a request for activation
of the Amber Alert Network. The request must be submitted on DPS Form
MP-24 [DEM-35]. A local law enforcement agency may
submit the form after it has verified that all statutory criteria
for activation are clearly established by the specific facts of the case.
Figure: 37 TAC §9.22 (.pdf)
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 April 30, 2008.
TRD-200802299
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety (DPS) proposes amendments to §9.32, concerning the Silver Alert Network.
Amendment to the section is necessary in order to update the form number needed for requesting a Silver Alert. In addition, amendments to the graphic material contained in §9.32 are necessary in order to outline additional information requested from local law enforcement when they request activation of the statewide Silver Alert Network. The graphic material has been revised to include an additional criterion for activation of the Silver Alert. This additional criterion confirms that local law enforcement have conducted an investigation verifying that the senior citizen’s disappearance is due to his/her impaired mental condition, and that alternative reasons for the senior citizen’s disappearance have been ruled out. The revised form also includes a date of request, a phone number for media inquiries, a National Crime Information Center Identification Control number, and the race of the senior citizen, as well as reorganizing some of the information gathered about the missing senior citizen.
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 there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also 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.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental 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 Patty Subia, Missing Persons Clearinghouse, Bureau of Information Analysis, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0422; or by electronic mail to patty.subia@txdps.state.tx.us. DPS will accept comments for 30 days after publication in the Texas Register. For further information, call Patty Subia at (512) 424-2811.
The amendments are proposed pursuant to Texas Government Code, §411.383(b), which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the alert system with the rules and directive to include procedures to be used by local law enforcement; a description of the circumstances under which local law enforcement is required to report a missing senior citizen; and the procedures to be sued to notify designated media outlets in Texas.
Texas Government Code, §411.383 is affected by this proposal.
§9.32.Local Law Enforcement Responsibility.
A local law enforcement agency with jurisdiction over the investigation
of a missing senior citizen may submit a request for activation of
the Silver Alert Network. The request must be submitted on the Silver
Alert Request Form MP-25 [(SA_1)]. A local law
enforcement agency may submit the form after it has verified that
all statutory criteria for activation are clearly established by the
specific facts of the case. Local law enforcement shall provide documentation
of a diagnosed impaired mental condition with the request for activation.
Figure: 37 TAC §9.32 (.pdf)
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 April 30, 2008.
TRD-200802300
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 424-2135