PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER A. OBJECTIVE, MISSION, AND PROGRAM
The Texas Department of Public Safety (Department) proposes amendments to Chapter 1, Subchapter A, §1.4, concerning Programs under Texas Highway Patrol Division.
Amendments to §1.4 are necessary in order to update the rule so that it reflects the revised titles of the division and titles of various services within the division that were changed during a reorganization of the division.
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 rule 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 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 rule. Accordingly, the Department is not required to complete a takings impact assessment regarding this rule.
Comments on the proposal may be submitted to Major Ron Joy, Texas Department of Public Safety, Texas Highway Patrol Division, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115.
The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Texas Public Safety Commission (Commission) to adopt rules considered necessary for carrying out the Department's work; and Texas Government Code, §411.006(4), which authorizes the Director of the Department to adopt rules, subject to Commission approval, considered necessary for control of the Department.
Texas Government Code, §411.004(3) and §411.006(4) are affected by this proposal.
§1.4.Programs under Texas Highway Patrol [Traffic Law Enforcement] Division.
(a) Highway Patrol Service. The program of the Highway Patrol Service is "Police Traffic Supervision and General Law Enforcement on Rural Highways." This program consists of the following major activities:
(1) Police traffic supervision on rural highways:
(A) police traffic direction;
(B) police traffic accident investigation; and
(C) police traffic law enforcement and patrol.
(2) General police work--primarily on rural highways:
(A) criminal law enforcement;
(B) emergencies and disasters; and
(C) security activities.
(b) Commercial Vehicle Enforcement [License
and Weight] Service. The program of the Commercial Vehicle
Enforcement [License and Weight] Service is "The
Supervision of Commercial Vehicles, Police Traffic Supervision, and
General Law Enforcement on Rural Highways." This program includes
the following major activities:
(1) Supervision of commercial vehicle traffic:
(A) assistance to commercial vehicle owners and operators on technical matters;
(B) supervision of motor carrier operations; and
(C) traffic law enforcement on commercial vehicles.
(2) Traffic and criminal law enforcement on rural highways.
(c) Vehicle Inspection Service. The program of the Vehicle Inspection Service is "Vehicle Inspection Station Supervision, Police Traffic Supervision, and General Law Enforcement." This program includes the following major activities:
(1) Inspection station supervision:
(A) station qualification;
(B) station inspection;
(C) station control; and
(D) supervision of emissions testing.
(2) Traffic and criminal law enforcement by vehicle inspection commissioned officers.
[(d) Safety Education Service. The
program of the Safety Education Service is "Public Safety Education."
This program consists of the following major activities:]
[(1) Public traffic safety education;]
[(2) Public education in crime prevention and safety related matters;]
[(3) Public information;]
[(4) Cooperation with and assistance to other agencies; and]
[(5) Traffic and criminal law enforcement.]
(d) [(e)] Bureau of Law
Enforcement Communications and Technology [Communications
Service]. The program of the Bureau of Law Enforcement
Communications and Technology [Service
] is "Police Communication and Technology Support
." This program consists of the following activities:
(1) Police Communications:
(A) [(1)] Transmission and receipt
of department messages;
(B) [(2)] Transmission and receipt
of emergency-type messages for other police agencies; and
(C) [(3)] Other special assistance
to other departments and agencies.
(2) Communication Frequency and Interoperability:
(A) Radio Frequency planning and coordination internally and interoperability with other agencies.
(B) Radio and video technical maintenance and repair.
(3) Mobile Technology and Information-Responsible for Mobile Technology and Communications Infrastructure Support.
(e) [(f)] General Obligations.
Personnel of all services, agencies, and units in the department are
subject to assignment by the director to perform in any program or
activity when he deems such assignments necessary.
(f) [(g)] Motor Carrier Bureau.
The program of the Motor Carrier Bureau is to provide administrative
support applicable to the Commercial Vehicle Enforcement [
License and Weight] Service relative to motor carrier safety
issues. This program consists of the following sections.
(1) The Motor Carrier Safety Section will provide the support to administer the Motor Carrier Safety Requirements.
(2) The Motor Carrier Records Section maintains all
activity reports submitted by the Commercial Vehicle Enforcement
[License and Weight] Service.
(3) The Motor Carrier Compliance Audit Section performs the administrative function of the enforcement of the Motor Carrier Safety and Hazardous Materials Regulations.
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 27, 2009.
TRD-200901569
Stanley E. Clark
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 7, 2009
For further information, please call: (512) 424-2135
The Texas Department of Public Safety proposes amendments to Chapter 1, Subchapter D, §1.58, concerning Release of Information on Crash Victims.
Amendments to §1.58 are necessary in order to update the rule so that it reflects the revised wording of "crash" as it relates to motor vehicle collisions which replaced the terminology "accident" previously used.
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 rule 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 Major Ron Joy, Texas Department of Public Safety, Texas Highway Patrol Division, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115.
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, §411.006(4), which authorizes the Director to adopt rules, subject to commission approval, considered necessary for control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected by this proposal.
§1.58.Release of Information on Crash [Accident] Victims.
It is highly desirable to notify next of kin of the death or
serious injury of a crash [an accident] victim
before releasing the name to the news media. However, department officers
will not withhold, nor advise other officials to withhold names of
such victims from the news media representatives once the identities
of the victims have been fully established. In such cases the officer
will advise the media representatives that the next of kin have not
been notified, leaving usage up to them.
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 27, 2009.
TRD-200901570
Stanley E. Clark
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 7, 2009
For further information, please call: (512) 424-2135
The Texas Department of Public Safety proposes amendments to Chapter 1, Subchapter I, §1.129, concerning Fees for Sale of Motor Vehicle Crash Reports in Highway Patrol Field Offices.
Amendments to §1.129 are necessary in order to update the rule so that it reflects the revised wording of "crash" as it relates to motor vehicle collisions which replaced the terminology "accident" previously used.
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 rule 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 Major Ron Joy, Texas Department of Public Safety, Texas Highway Patrol Division, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115.
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, §411.006(4), which authorizes the Director to adopt rules, subject to commission approval, considered necessary for control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected by this proposal.
§1.129.Fees for Sale of Motor Vehicle Crash [Accident] Reports in Highway Patrol Field Offices.
(a) Reproduction of approved field copies of Department
of Public Safety investigated motor vehicle crash [
accident] reports will be furnished upon written request in all field
offices where adequate clerical support exists and reproduction equipment
is available.
(b) Persons or firms desiring reproduction of motor
vehicle crash [accident] reports from field
office files will request them in person and submit a written request.
If the desired report is available it will be reproduced and furnished
upon payment of the statutory fee in the form of a personal check,
money order, or cashiers check. Copies of each motor vehicle
crash [accident
] report purchased in a highway patrol field office
will be stamped "Field Copy--Not From Custodial File."
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 27, 2009.
TRD-200901571
Stanley E. Clark
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 7, 2009
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 1, Subchapter W, §§1.281 - 1.285, concerning Senate Bill 1074 Video Units. Repeal of the sections is necessary due to the sections no longer being necessary. This subchapter pertains to the regulation of a contract for video units in 2002 that no longer exists.
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 repeals may be submitted to Major Ron Joy, Texas Department of Public Safety, Texas Highway Patrol Division, P.O. Box 4087, Austin, Texas 78773-0500, (512) 424-2115.
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, §411.006(4), which authorizes the Director to adopt rules, subject to commission approval, considered necessary for control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected by this proposal.
§1.281.Definitions.
§1.282.Criteria for Applicants and the Application.
§1.283.Source of Funds for Video Units.
§1.284.Administration and Rules of the Voucher System.
§1.285.Order in Which Vouchers will be Awarded.
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 27, 2009.
TRD-200901572
Stanley E. Clark
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 7, 2009
For further information, please call: (512) 424-2135
SUBCHAPTER D. SCHOOL BUS SAFETY STANDARDS
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 37 TAC §14.52(a) is not included in the print version of the Texas Register. The figure is available in the on-line version of the May 8, 2009, issue of the Texas Register.)
The Texas Department of Public Safety proposes to amend Chapter 14, Subchapter D, §14.52, concerning Texas School Bus Specifications. Amendment to §14.52 is necessary in order to update the rule so that it reflects the 2009 Texas School Bus Specifications as the current publication.
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 rule 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 Rebecca Rocha, School Bus Transportation Program, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0525, (512) 424-7395.
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; Texas Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; and Texas Transportation Code, §547.102, which authorizes the department to adopt standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction, and operation of a school bus for the transportation of schoolchildren.
Texas Government Code, §411.004(3); Texas Education Code, §34.002; and Texas Transportation Code, §547.102 and §547.7015 are affected by this proposal.
§14.52.Texas School Bus Specifications.
(a) All school bus chassis and body manufacturers shall
certify to the department, in the form of a letter, that all school
buses offered for sale to or use by the public school systems in Texas
meet or exceed all standards, specifications, and requirements as
specified in the department's publication Texas School Bus Specifications.
The department hereby adopts the Texas School Bus Specifications for
2009 [2008] Model School Buses. Previously published
Texas School Bus Specifications remain in effect for earlier model
year school buses until the department repeals these publications.
Figure: 37 TAC §14.52(a) (.pdf)
(b) All school bus chassis and body manufacturers shall certify to the department, in the form of a letter, that all multifunction school activity buses offered for sale to or use by the public school systems in Texas meet or exceed all federal standards, specifications, and requirements of a multifunction school activity bus as specified in the Title 49, Code of Federal Regulations, Part 571.
(1) A multifunction school activity bus may be painted any color except National School Bus Glossy Yellow.
(2) A multifunction school activity bus cannot be used for home to school or school to home transportation. Before delivery of a multifunction school activity bus, the manufacturer must place a label in the direct line of site of the driver while seated in the driver's seat stating: "This vehicle is not to be used for home to school or school to home transportation".
(c) Any new school bus found out of compliance with the specifications that were in effect in Texas on the date the vehicle was manufactured will be placed out of service by the vehicle's owner until it is brought into compliance with the applicable specifications.
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 27, 2009.
TRD-200901573
Stanley E. Clark
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 7, 2009
For further information, please call: (512) 424-2135