Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 4. Capitol Police Protection of State Buildings and Grounds 37 TAC sec.sec.4.1-4.10 The Texas Department of Public Safety adopts on an emergency basis new sec.sec.4.1-4.10, concerning protection of state buildings and grounds. The department has determined that an emergency exists for the need to adopt on an emergency basis these sections. Current sections are to be withdrawn by the General Services Commission and these sections are necessary to provide a safety work environment for state officials and employees, to protect the grounds, public buildings, and property of the state, to regulate entrance to and public use of state-owned buildings, and to investigate criminal activity. The sections further promulgate regulations for evacuations, after-hour entrance, and control of key and local systems. The new sections are adopted on an emergency basis under the Texas Government Code, sec.411.006(4), which provides the director with the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.4.1. General. (a) All duties and responsibilities of the Capitol Security Police Division of the State Purchasing and General Services Commission were transferred to the Texas Department of Public Safety by action of the State Legislature in 1991. This transfer was accomplished by amending Committee Substitute Senate Bill 9, 72nd Legislature, by striking sec.2.19(g) and (m) and inserting a new subsection (g). Paragraph (1) of this amendment states: "As of the effective date of this Act all the duties, functions, positions, responsibilities, inventory, property, and other items assigned to the Capitol Security Police Division of the State Purchasing and General Services Commission are transferred to the Texas Department of Public Safety." (b) Under the authority of the amendment and under Texas Civil Statutes, Article 601b, sec.4.01 and sec.4.12, the Texas Department of Public Safety is authorized to protect the grounds, public buildings, and property of the state, to regulate parking, and to control entrance to state-owned buildings; and to regulate displays and other public use of state buildings. (c) The Texas Department of Public Safety has designated the former Capitol Security Police as the Capitol Police District and placed it under the Traffic Law Enforcement Division of the Texas Department of Public Safety. (d) Within the Capitol Complex, as defined herein, the Department of Public Safety will strive to provide a safe work environment for state officials and employees; to protect the grounds, public buildings, and property of the state; to regulate parking; to regulate entrance to and public use of state-owned buildings; and to investigate criminal activity occurring in these locations. (e) These rules shall be applicable to state buildings and property within the Capitol Complex as defined in subsection (g) of this section. (f) The provisions of these rules pertaining to public buildings and grounds do not apply to buildings and grounds of: (1) institutions of higher education, as defined by Texas Education Code, sec.61.003, as amended; (2) state agencies to which control has been specifically committed by law; and (3) state agencies that have demonstrated ability and competence to maintain and control their buildings and grounds and to which the General Services Commission has delegated that authority. (g) The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Board-The Texas Preservation Board. (2) Buildings and state buildings-State-owned buildings and property within the Capitol Complex. (3) Capitol Complex-An area in the city of Austin, bounded on the south by 10th Street, on the north by Martin Luther King Boulevard, on the east by Trinity Street, on the west by Lavaca Street, and including the William P. Clements Building located at 300 West 15th Street. The term shall also apply to other locations under the jurisdiction of the Capitol Police District as may be approved by the director. (4) Capitol police-Members of the Capitol Police District of the Texas Department of Public Safety. (5) Commission-The Texas General Services Commission. (6) Department-The Texas Department of Public Safety. (7) Director-The director of the Texas Department of Public Safety. sec.4.2. Use of Capitol Rotunda and Grounds. (a) Public use of the Capitol Building, the Capitol Extension, and the Capitol Grounds are governed by rules promulgated by the State Preservation Board. (b) Members of the Capitol Police District are hereby authorized to enforce those rules legally filed by the Board. (c) Members of the Capitol Police District will provide protective and security services to the Capitol Building, the Capitol Extension, and the Capitol Grounds in coordination with the board. sec.4.3. Access to State Buildings. (a) Public access. Public access to state buildings is generally unlimited. However, nothing in these rules shall be understood as permitting the use of any public building, in any manner whatsoever, when such use is for a commercial purpose. (b) Admission to state buildings. State buildings are generally open to the public at all times, with the general exception of Saturdays, Sundays, and state holidays, and from 6 p.m. to 7 a.m. on working days. Access to state buildings during the times they are not open to the public shall be by building pass card, electronic access card, special permission, or emergency admission. (1) Building pass cards and electronic access cards. The chief executive of each agency, in the state building referenced in this subsection shall be responsible for the control of building pass cards and electronic access cards issued for their agency. The chief executive may delegate this responsibility to another person in the agency, provided that the Capitol Police Office is notified in writing of the name(s) with a sample of appointees' signatures. Agency designators may not appoint other agency designators. (2) Card application. Applications for such cards must be signed by the agency designator and completed by the employee. The employee will take the application to the Capitol Police Office for issuance. No card will be issued unless the application is complete and signed by the agency designator. An employee may have both a building pass card and an electronic access card. When this occurs, separate applications will be required. The electronic access card is not a building pass card and will not be accepted in any other location other than the location for which it was issued. (3) Agency designator. It is the responsibility of the agency designator to notify the Capitol Police Office immediately of any termination of the employee. The agency designator shall return the employee's card to the Capitol Police Office. (4) Special permission. Special permission is communicated by an appropriate public official or his representative to the Capitol Police Office specifically approving one-time admission to a named individual. Such authorization should be in writing. (5) Emergency admission. Emergency admission is solely within the discretion of the officer on duty, and such officer must accompany the admitted individual at all times while he is in the building. (c) Building register (admission log). A building register for each building shall be kept for the times it is closed to the public, and each person entering the building, except those entering with an electronic access card, must complete the information called for in the register. sec.4.4. Emergency Evacuations. (a) Evacuation order. The commander of the Capitol Police District, or the ranking department officer on duty, may order evacuation of all or any part of the Capitol Building or other state buildings in the event of a fire, bomb threat, or any other threat to life and/or property. In the event of a potentially harmful situation at the Capitol Building which does not pose an imminent threat to the health or safety of the occupants and visitors nor to the buildings or grounds themselves, the department shall inform the board and take such action as approved by the board. (b) Floor managers. A floor manager shall be appointed for each floor in each state building in the Capitol Complex. Occupying state agencies shall make these appointments in cooperation with the Capitol Police and with other agencies and these floor managers shall assist Capitol Police officers in clearing the buildings during emergency evacuations. (c) Use of elevators. No elevators shall be used during an emergency evacuation except to transfer handicapped persons from areas to be evacuated to places of safety and only then with the approval of a member of the Capitol Police or a fire official. (d) Evacuation of building floors. No one shall be allowed on floors to be evacuated during the period of the threat except department officers, floor managers, and duly authorized peace officers and firemen. (e) Readmission to evacuated areas. A department officer shall give the all- clear signal and permit readmission to the evacuated areas only when the threat has passed. (f) Notification. In all instances enumerated in subsection (a) of this section, the Fire and Safety Office of the General Services Commission will immediately be notified by the Capitol Police Office and should be represented at the scene. sec.4.5. Fire and Safety Inspections. Members of the Capitol Police District will continually be alert for conditions constituting fire or safety hazards. When such conditions are discovered, a written report will be made and a copy will be forwarded to the appropriate section of the General Services Commission. sec.4.6. Prohibited Weapons.
    Firearms, explosive weapons, illegal knives, clubs, and knuckles, as defined in the Texas Penal Code, sec.46. 01, and prohibited weapons as defined in the Texas Penal Code, sec.46.06, are not permitted in state buildings or on state grounds covered under these rules, except in the possession of a certified peace officer. A properly licensed private security officer may possess a firearm or nightstick if he is working under an approved department contract and the contract authorizes the use of an armed guard. sec.4.7. Solicitation in State Buildings. (a) No individual, corporation, association, or organization may be permitted in state buildings for the purpose of: (1) selling, or offering for sale, any real property, goods, or services; (2) placing or distributing advertising literature, material, placards, banners, posters, etc., in state buildings and officers of the department may remove any such literature, material, placards, banners, posters, etc., as they find them; or (3) soliciting gifts of money, or gifts of property, without regard to the charitable nature of such gifts, or the method of solicitation. (b) Nothing in this section shall be understood to prohibit any agency head from authorizing any or all of the acts in subsection (a) of this section within the confines of that agency's space in state buildings. (c) A state-sponsored fund raising event for a charitable organization may be approved under the following circumstances. (1) The charitable organization must have tax-exempt status with the Internal Revenue Service and/or the state comptroller. (2) The event must be approved by the executive director of each agency housed within the building. (3) All proceeds from the event must go to the charitable organization. (4) The event must be organized, directed, and staffed by state employees only. (5) No commercial advertisements, as defined in subsection (a)(2) of this section, may be displayed. sec.4.8. Key and Locksmith Services. (a) Provisions. The provisions of this section are designed to promote the care, protection, and security of the state buildings in the Capitol Complex. The Capitol Police District shall be responsible for administering the provisions of this section. (b) Authority. Only the director and/or the commander of the Capitol Police District shall have the authority to duplicate keys or perform locksmith services for the doors of the state buildings referenced in subsection (a) of this section. In emergency situations such as fire or medical emergencies, it is imperative that Capitol Police personnel have immediate access to all buildings and offices within the Capitol Complex. (c) Control of interior door keys. The chief executive of each agency in the state buildings referenced in subsection (a) of this section shall be responsible for the control of interior door keys to the space assigned the agency. The chief executive may delegate this responsibility to another person in the agency, provided that the Capitol Police Office is notified in writing of the names of such appointees. Agency key designators may not appoint other agency key designators. (d) Requesting duplicate door keys. Any key designator needing duplicate door keys should notify the commander of the Capitol Police, or his designee, of the request, indicating the building, room number, key number, and the number of keys required. (e) Receipt of keys. The elected official or state agency chief executive officer or his or her respective designee may obtain the keys requested either for a door re-key or duplication of keys by signing a department service order indicating by his or her signature they have received the keys. (f) Returning keys. Any and all keys issued to an elected official, state agency chief executive, or his or her respective employees must be returned to the Capitol Police Office upon his or her termination of service to the state or upon termination of employment. (g) Installation and maintenance of locking hardware. Service for the installation and maintenance of all locking hardware must be obtained through the General Services Commission. Installation of new or additional locking hardware must be compatible to and capable of being placed under the Capitol Police District grand master and control system and must be coordinated through the Capitol Police District. (h) Construction. All construction which involves adding, relocating, removing, or in any way modifying locking hardware that is in a facility that is under the jurisdiction of the Capitol Police must be coordinated through the Capitol Police District and must be compatible to and capable of being placed under the Capitol Police District grand master and control system. (i) Master keys. Master keys of any level may only be issued by the authority of the director and/or the commander of the Capitol Police District. Any request for a master key must be submitted in writing indicating the reasons for the request and must be signed by the elected official or the chief executive officer of the agency. (j) Building entrance door keys. Building entrance door keys may only be issued by the authority of the director and/or the commander of the Capitol Police District. Any request for a building entrance door key must be submitted in writing indicating the reasons for the request and must be signed by the elected official or the chief executive officer of the agency. (k) Charge for services. A fee may be charged to recover the cost of services rendered. Said fee to be established by the chief fiscal officer of the department and approved by the director. sec.4.9. Access to General Services Areas in State Building. (a) Persons other than General Services Commission employees requiring access to space assigned to the Buildings and Property Services Division of the General Services Commission (mechanical rooms, electrical equipment rooms, telephone rooms, mechanical chases, and roofs of buildings) in the state buildings under their care and control shall submit their requests, in writing, to the director of the Building and Property Services Division. (b) Upon written approval from the director of the Building and Property Services Division, the Capitol Police Office will provide access as approved by the commander of the Capitol Police District or his designee. sec.4.10. Security of State Office Buildings. (a) The Texas Department of Public Safety is authorized to conduct security surveys of state-owned buildings to determine the need for security equipment and on-site security personnel. If it is determined that a need exists, these services may be provided if funding is available. The following regulations will apply to security devices and personnel. (1) Closed circuit television (CCTV) systems. In order to meet legal requirements pertaining to chain of custody of evidence, all CCTV systems located in public or common access areas (exterior doors, lobbies, loading docks, etc.) will be under the care and control of the Department of Public Safety. (2) Electronic access. Electronic access systems installed on exterior building doors must be approved by, and controlled by the computer system of, the Department of Public Safety. (3) Security personnel. When a verified need exists for on-site security personnel in a state-owned building, the Department of Public Safety is authorized to assign its personnel to the location or to contract with a private security agency to provide the personnel. In order to ensure fair and equitable security for all agencies housed in a building, all contracts for private security personnel in a state building must be approved and administered by the Department of Public Safety. (4) Funding. If the Department of Public Safety does not have funds to provide services or equipment under this section, other state agencies may enter into interagency contracts to reimburse the department for such costs. (b) The provisions of this section do not apply to buildings and grounds which fall under the provisions of sec.4.1(f) of this title (relating to General). Issued in Austin, Texas, on June 22, 1992. TRD-9208686 James R. Wilson Director Texas Department of Public Safety Effective date: June 23, 1992 Expiration date: October 21, 1992 For further information, please call: (512) 465-2000 Parking and Traffic Administration 37 TAC sec.sec.4.31-4.46 The Texas Department of Public Safety adopts on an emergency basis new sec.sec.4.31-4.46, concerning parking and traffic administration. The department has determined that an emergency exists for the need to propose these sections. Current sections are to be withdrawn by the General Services Commission and these sections are necessary to provide for the most equitable and economical parking facilities for state employees, state officials, and the visiting public. The sections further promulgate regulations regarding reserved parking, free parking, car pooling, traffic control, handicapped parking, impoundment of vehicles, penalties for violation, and administrative adjudication. The annual reserved parking fee continues without any change. The new sections are proposed under the Texas Government Code, sec.411.006(4) , which provides the director with the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.4.31. General. (a) Objective. (1) The overall objective is to provide for the most equitable and economical parking facilities for state employees, state officials, and the visiting public in accordance with the general law as set out in Texas Civil Statutes, Article 601b, sec.4.12 and sec.4.14. Parking is administered by the parking administration with full authority to carry out the responsibilities of the Texas Department of Public Safety. (2) In addition to a limited number of reserved parking spaces, these sections allow for free parking for other employees. Assignments for free parking will be made to locations as near as possible to the employee's work location. Parking in these locations will be on a first-come basis. (3) In an effort to conserve energy and to alleviate traffic congestion in the Capitol Complex, car pooling will be encouraged by the assignment of free reserved parking. (4) Support for handicapped employees will be provided by assignment of free reserved parking as near as possible to their work location and through our pledge to follow the requirements of the Americans with Disability Act Accessibility Guidelines for Buildings and Facilities. (b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Availability for assignment-Refers to the status of a lot or garage, either a part or the whole of which is used for open parking assignment and shows a utilization of its open parking areas of less than 100% during peak use hours. (2) Open parking-The assignment of a right to park anywhere within a specific parking lot or garage except in those spaces marked as "reserved." (3) Parking administration-A section of the Capitol Police District, Texas Department of Public Safety. (4) Reserved parking-Assignment of a specific parking space to a state official or to an employee. The spaces will be marked by signs and/or yellow painted curbs or stops. (c) Exemptions. The following areas will not be regulated under these parking sections except as noted. (1) Texas Employment Commission. Parking facility under the management and control of the Texas Employment Commission. (2) The parking garage in the capitol extension project. However, the department may enforce the parking regulations established by the State Preservation Board. (3) Parking areas outside the Capitol Complex. State parking lot and garages outside the Capitol Complex will not be regulated by the department except under the authority of individual contracts and agreements approved by the director of the Texas Department of Public Safety. (d) Agency parking coordinator. Each occupying agency will designate one of its employees to be the parking coordinator, and the parking administration will provide each coordinator with detailed instructions for the proper administration of these guidelines. sec.4.32. Assignment to a Reserved Space or Open Facility. (a) The assignment to a reserved space or open facility is considered a privilege which can be revoked at any time for nonpayment or noncompliance with the parking regulations. In addition, this privilege may be revoked to permit implementation of changes in the parking system or these rules as mandated by the department. Revocation because of department mandate will give the employee losing an assignment a priority for reassignment to a space or facility as near as possible to the employee's work location. The acceptance and use of a parking assignment constitutes acceptance of all sections and regulations regarding such assignment. The department shall designate lots or garages for use by employees of particular buildings in order to give better distribution to parking utilization, subject to the priority of assignment established in Texas Civil Statutes, Article 601b, sec.4.12(c), and sec.4.36 of this title (relating to Priority of Assignments). (b) Employees of state agencies are eligible for assigned parking so long as they office four hours or more a day during the normal state workweek between the hours of 7 a. m. and 6 p.m. within the Capitol Complex. If the department enters into a contract or agreement to administer the parking for an area outside the Capitol Complex, the same rules will apply. (c) Employees, upon request, will be placed on a waiting list for an open parking assignment to a lot or garage in close proximity to their work location. They can be placed on the list for not more than two locations, applicable only to those lots or garages designated for use by the building where the applicant is employed. Weekly utilization surveys will be conducted to determine the number of available spaces in all lots and garages. When spaces are available in any given location, eligible employees will be notified in writing. The employee will be given five working days in which to accept or decline the assignment. When notification letters have been mailed, employees are automatically removed from the waiting list for the lot or garage designated in the notification letter. Once a parking assignment has been accepted by an employee, that employee is automatically removed from all waiting lists. New applications, not immediately assignable, shall be dated and time stamped as they are received by the department and placed on the respective lists in chronological order. Assignments from the waiting list will be made on a "first-on, first-off" basis (refer to the exceptions for new lots or garages described in sec.4.33 of this title (relating to New Lots/Garages)). (d) All assignments relinquished, cancelled, terminated, or forfeited shall become reassignable in accordance with these sections on the effective date of relinquishment, cancellation, termination, or forfeiture. (e) The department may designate and request the commission to mark parking spaces for state-owned vehicles and visitors parking in the Capitol Complex, or on other state property outside the Capitol Complex when said property is administered by the department as provided in sec.4.31 of this title (relating to General). (f) In making assignments to open parking facilities when by specific department action, individual space assignments are not permitted either in the whole or in part of the lot or garage. The department may assign more individuals to park in the lot or garage than there are spaces available. Determination of the number of assignments to such an area, allowed by this subsection, shall be based upon information obtained during peak utilization periods. Adjustments in the number of permitted assignments may be made from time to time as circumstances warrant, in an effort to obtain full utilization of state parking facilities. (g) Each state agency housed in the Capitol Complex, or on other state property administered by the department, is allotted a number of reserved spaces based on the needs of the agency and the availability of spaces. The department will ensure that all agencies are allocated at least one space for individual assignment. Each state agency is responsible for assignment of these spaces and for notifying the parking administration of all reserved assignments, additions, and deletions. A monthly charge shall be paid quarterly in advance for each assigned reserved space within a lot or garage as described in sec.4.35 of this title (relating to Monthly Parking Charges, Payment, and Refunds). All other spaces, whether a part or the whole of a lot or garage shall be marked for open assignment in accord with these sections. sec.4.33. New Lots/Garages. (a) Whenever a new lot or parking garage is opened for operation, assignments will be made as near as possible to the employee's work location. (b) Whenever a new garage is opened that is connected to or part of a building, whether by new construction or by purchase of an existing facility, assignments to that location will be first made to the employees occupying the building. (c) Additional and further assignments will be made in accordance with these sections. sec.4.34. Trades, Transfers, and Terminations. (a) The department may make space trades for employees currently having assigned spaces. In allowing such trades, the department shall satisfy itself that the best interests of the state will be served. (b) If an employee is transferred to another work station outside the jurisdiction of the parking administration or is terminated, he or she shall relinquish his or her assignment. (c) In the case of a transfer, should the employee be reassigned within six months of the original transfer, he or she shall be entitled to a priority assignment in the same facility as his or her relinquished assignment. sec.4.35. Monthly Parking Charges, Payment, and Refunds. (a) Charges. Monthly charge for assigned parking will be at the rate set by the State Legislature, or if no rate is set, at a rate set by the department. The current appropriations bill sets the rate at $10 for individual employees assigned reserved spaces within a lot or garage. (b) Payment. Monthly charges shall be paid quarterly in advance, due on the first day of September, December, March, and June. The payment is considered delinquent on the 10th of the month, at which time a notice is sent to the employee advising him or her to remit payment within five working days of the date of notice. (c) Partial payments. Payment for partial quarters will be allowed only when a state employee receives a parking assignment in mid-quarter. Parking assignments made prior to the 15th of the month require the full payment for the month. Assignments made on or after the 15th of the month will have the payment applied to the next month's lease. (d) Refunds. Employees who cancel their assignment will be issued refunds as follows: (1) full refund for cancellations prior to the 15th of the first month of the quarter; (2) two-month refund for cancellations prior to the 15th of the second month, but after the 16th of the first month of quarter; (3) one-month refund for cancellations prior to the 15th of the third month, but after the 16th of the second month of quarter; (4) no refund for cancellations after the 15th of the third month of quarter. (e) Imprest account. Under the authority of the state appropriations act, "appropriations for parking fees," the parking administration will maintain a $500 imprest account for payment of refunds. This account will be funded from parking revenue and will be administered in accordance with approved procedures established for petty cash accounts by the Comptroller of Public Accounts. sec.4.36. Priority of Assignments. (a) When the legislature is in session, the department shall assign and have marked, for unrestricted use by members and administrative staff of the legislature, the reserved parking spaces in the Capitol Complex requested by the respective houses of the legislature. A request for parking spaces reserved pursuant to this subsection shall be limited to spaces in the capitol area and the additional spaces in state parking lots proximately located to the capitol. (b) When the legislature is not in session, the department shall, at the request of the respective legislative bodies, assign and have marked the spaces requested for use by members and administrative staff of the legislature, in the areas described in subsection (a) of this section. (c) The department may assign parking spaces to elected state officials and appointed heads of state agencies who occupy space in state buildings located within the bounds set forth in Texas Civil Statutes, Article 601b, sec.4.12(a). (d) The department will assign parking spaces to handicapped state employees. See sec.4.31 of this title (relating to General). (1) A state employee may be considered handicapped for purposes of space assignment if the nature of the handicap impairs mobility to the degree that walking any appreciable distance to the employee's work station would be difficult, or impossible, for the employee to accomplish. (2) Acceptable medical proof from a licensed physician that the state employee is currently disabled must accompany the application for a handicapped permit. (3) Handicapped employees shall be entitled to a free reserved space as near as possible to their work location. (4) State employees who are ill, or who have been injured, may receive a free reserved space for up to 30 days without medical proof from a licensed physician. (e) If spaces are available, the department may assign parking spaces to car pools. See sec.4.39 of this title (relating to Car Pools). (f) The department may assign an appropriate number of reserved parking spaces to state agencies housed in the Capitol Complex, or in other state facilities administered by the department whether or not located in the City of Austin. See sec.4.32 of this title (relating to Assignment to a Reserved Space or Open Facility). (g) All remaining parking facilities under the charge and control of the department in the area described in subsection (f) of this section, may be made available for use by state employees. Such employees shall be those working for agencies who occupy space in state buildings, located within the area specified in subsection (f) of this section. (h) To implement the requirements of this section, the department shall not be required to assign all of the spaces available. The department by discretion may make use of any unassigned spaces designated under this section, so long as that use is in accordance with Texas Civil Statutes, Article 601b, sec.4.12 and these sections. sec.4.37. Temporary Permits. (a) Temporary permits may be issued for a period of one to 15 days. If the need for the permit continues to exist after 15 working days, a new permit may be obtained in the parking administration office. (b) Upon written request from the agency parking coordinator, a 90-day special permit or construction permit may be issued if spaces are available. Once approved, the permit must be displayed and the employee or the contractor who is issued the permit will be responsible for any parking violations on the vehicle. sec.4.38. Sublease and Utilization. (a) Subleasing an assignment shall not be permitted and is a violation of these sections. It is possible for an employee who pays for his or her individual space assignment to allow another state employee to use that assignment during vacations, absences due to illness, or official travel, provided the parking administration office is notified in advance, but charging a fee for this favor is a violation of these sections. (b) It is the expressed intent of the department, operating under the provisions of Texas Civil Statutes, Article 601b, s4.12, to foster full utilization of the parking facilities available to visitors and state employees. When an employee accepts assignment to a state parking facility, he agrees not to park on the city streets or on other nonstate facilities. Utilization of city streets or other nonstate facilities within the Capitol Complex described in these sections shall be a violation of these sections. sec.4.39. Car Pools. (a) Car pools shall consist of at least three participating state employees not having the same domicile and who normally drive their vehicles to work. (b) Each car pool must be registered and will be issued one hanging car pool parking permit. Permits shall be visibly displayed according to instructions issued with the permit. (c) A newly established car pool, meeting the requirements of this section as determined by the Texas Department of Public Safety, shall be assigned a reserved space as near as possible to the building in which they work, provided this would not result in the dislocation of any employee having a previously assigned reserved space. (d) Responsibility for the car pool shall be given to a designated member of the car pool, whose identification as such shall be recorded in the parking records. Notice to the designated member for any purpose set out in these sections shall be deemed notice to all members of the car pool. (e) Only one vehicle in each car pool shall be parked in state lots or garages. Should two members of the same car pool need to drive their vehicles, the second vehicle must notify the parking administration immediately upon arrival. (f) Assignment of a reserved space to a car pool shall result in the automatic forfeiture of any previous assignment to the members of the car pool. Subsequent departure of a car pool member, or dissolution of the car pool itself will not restore any parking assignment previously forfeited by a member. (g) Departure of a car pool member will not work as automatic forfeiture of the car pool assignment unless the membership falls below three members and a new member cannot be found within 60 days to restore the car pool to the minimum qualifying number. (h) Cancellation of any car pool requires the return of the car pool parking permit before any new parking assignments can be obtained. (i) Dissolution of a car pool for any reason will not give the individual members any right to the priority space assigned to that car pool. sec.4.40. Parking Permits. (a) All vehicles utilizing open parking must display a current parking permit. One permit will be issued to each employee. This will allow the employee to use the permit regardless of who owns the vehicle. The department is authorized to issue either decal permits or hanging permits. (1) Decal permits shall be applied to the vehicle according to instructions provided at the time of issuance. (2) Hanging permits will normally be hung from the rearview mirror when the vehicle is parked in a state parking lot or garage. If no mirror post is available, the permit may be taped to the front windshield, in the lower center, or otherwise displayed so that it is readily visible from outside the vehicle. (b) An employee who is issued a permit will be responsible for any parking violations on vehicles bearing the permit. (c) Employees with unpaid charges recorded in their name shall be ineligible to receive a parking permit while such charges remain unpaid. (d) All permits will expire and be renewed on a biennial basis. (e) Change in parking assignment requires the return of the parking permit before any new parking assignment can be obtained. (f) Permits must be surrendered upon termination of employment and the permit returned to the parking administration. (g) Lost or stolen permits must be reported immediately to the parking administration office. sec.4.41. Enforcement. (a) Department officers are responsible for enforcing these parking regulations and traffic violations on state property. For purposes of enforcing the parking rules only, the department may assign either commissioned officers or noncommissioned security workers. The assignment of security workers shall only be made with the written approval of the commander of the Capitol Police District. (1) To carry out this responsibility and authorization, the department may issue two types of citations for any parking violations occurring within the jurisdiction of the parking administration. (A) Administrative citations issued by the Capitol Police District are subject to administrative adjudication. (B) Court appearance citations constitute a notice to appear in either a municipal court or a justice court. Failure to discharge a court appearance citation may result in the issuance of a warrant of arrest. (C) The department reserves the right to issue a court appearance ticket for any violation. (D) Administrative citations will generally be issued for violation of these parking regulations. (2) When a court appearance citation is issued for any violation, the penalty shall be assessed by the court in accordance with statutory law. (b) Whenever an administrative citation is issued for any violation of these sections, the administrative fine shall be $10. (c) The following procedures will apply for administrative citations. (1) Any person who is issued an administrative citation shall pay the fine, in person or by mail, to the parking administration office, no later than the 10th calendar day after the citation is issued. If payment is not received or postmarked within the 10 days, a $2.00 late charge will be assessed. (2) If a person wishes to appeal a citation, he/she may do so in accordance with subsection (f) of this section. (3) Unpaid charges for parking offenses will be recorded in the name of the permit holder or in the name of the registered owner of the vehicle as shown in the records of the Texas Department of Transportation. (4) Unpaid charges for other violations will be recorded in the name of the person driving the vehicle. (5) Persons with unpaid charges recorded in their name shall be subject to the following actions. (A) If the unpaid charges are in the name of a person who has a parking privilege, forfeiture of that privilege will be initiated under sec.4.42 of this title (relating to Forfeiture of Parking Privilege). (B) If the unpaid charges are in the name of a person who does not have a parking privilege, the person shall be given a written notice that the vehicle is placed on an impoundment list and will be impounded if found on state property under s4.42 of this title. (d) The following acts, when committed within the Capitol Complex or within other areas under the administration and control of the department as provided by sec.4.31 of this title (relating to General) shall constitute parking violations for which either an administrative or court appearance citation may be issued: (1) parking overtime in a space which is limited in time by meters or signs, or parking overtime in a loading zone; (2) moving a barricade or parking within any barricaded area; (3) parking on any lawns, curb, sidewalk, or any area which creates an obstruction to vehicular or pedestrian traffic; (4) parking in a "No Parking" area; (5) parking within 15 feet of a fire plug or within a fire zone; (6) failing to park within a lined parking space. Vehicles shall be parked within the boundaries of the designated lined spaces. The fact that other vehicles are parked improperly shall not constitute an excuse for parking with any part of the vehicle over the line; (7) parking in a loading zone except while loading or unloading; (8) parking over 18 inches from the curb or parking stop, measured from any part of the car body facing the curb or parking stop; (9) parking with the rear of the vehicle facing the curb or parking stop; (10) parking in a space or facility other than the one assigned, unless authorization has been obtained; (11) parking in a designated parking area without displaying proper permit; (12) parking upon any unmarked or unimproved area which has not been designated for parking; (13) double-parking; (14) when a state employee accepts assignment to a state parking facility within the Capitol Complex, he/she agrees not to park his/her vehicle at any other location within the Capitol Complex. Parking his/her vehicle on a city street within the Capitol Complex constitutes a nonutilization violation; (15) parking in a handicapped space without displaying a proper permit; (16) possession or use of a lost/stolen or forged permit; (17) possession or use of a current permit that has been defaced or altered; (18) oversized vehicle in a stall marked for small or compact vehicles; (19) blocking or impeding a crosswalk, driveway, or alley; or (20) parking in a state parking facility by an employee who has lost his/her parking privileges due to forfeiture. (e) The following shall constitute other traffic violations for which the penalty shall be a fine not to exceed $200 in accordance with applicable law: (1) speeding, i.e., operating a motor vehicle on state property in excess of 15 miles per hour; (2) other violations of Texas Civil Statutes, Article 6701d, not otherwise specified in this section. (f) Any person who has received an administrative citation may appeal the citation in accordance with this section. (1) Administrative review. (A) Any person who has received an administrative citation may request that the citation be reviewed by the parking administration office. If the request is not made within 10 days, the citation is deemed final. (B) The review will be made by the supervisor of parking administration or his designee. (C) After reviewing the circumstances of the administrative citation, the supervisor of parking administration or his designee may order the payment of the administrative fine or the cancellation of such charges. If the citation is upheld and the appealing party fails to pay the charges or to request an appeal within 10 calendar days of the decision, a $5.00 late charge will be assessed on the citation. (i) If on reviewing a citation for a violation of subsection (d)(11) of this section, parking in a designated area without displaying proper permit, the supervisor of parking administration or his designee determines that the employee had in fact been issued a permit for the area that was valid at the time the citation was issued, and the same violation had not been committed within the past six months, he/she shall dismiss the citation. (ii) A second violation within a six-month period will not be dismissed under subsection (f) (1)(C)(i) of this section. (D) The appealing party will be notified in writing of the decision regarding the review. (2) Court appeal from administrative review decision. (A) Any person who has requested a review of an administrative citation and who is not satisfied with the decision may file a written request for a court hearing. If a court hearing is requested, the appeal will be to the court, either municipal or justice, in which the department is currently filing court appearance citations. (B) Any person who wishes a court hearing must file a written request within 10 calendar days from the decision date shown on the review decision form. When the request is received, parking administration will file a complaint with the appropriate court and issue a court appearance citation. A copy of the citation will be mailed to the appealing party along with information on how and when to contact the court. (3) Failure to discharge administrative citation. If a person fails to discharge an administrative citation, either by payment of the fine or by appropriate appeal, the unpaid charges will be entered under his name and he will become subject to forfeiture of his parking privilege under sec.4.42 of this title and/or sec.4.43 of this title (relating to Impoundment of Vehicles). sec.4.42. Forfeiture of Parking Privilege. (a) A state employee parking permit may be forfeited for any of the following reasons: (1) failure to pay parking citation(s) issued by Texas Department of Public Safety; (2) nonpayment of assessed parking fees; (3) falsifying data on an application for a parking permit; or (4) subleasing a parking assignment. (b) The forfeiture shall be for a period of 90 days. (c) Upon receipt of information which constitutes prima facie justification for forfeiting of a parking privilege, the parking administration shall send the employee a letter that contains the following: (1) statement of grounds for the forfeiture; (2) statement that the forfeiture will be effective at 5 p.m. on the 10th day following the date of the letter; (3) statement that the employee's vehicle shall be subject to removal and impoundment if found on state property after the forfeiture is effective; and (4) instructions on how and when to file an appeal. (d) An appeal must comply with the following: (1) a written response must be filed with the parking administration no later than the fifth day following the date of the letter giving notice of forfeiture; and (2) must contain specific reasons why the individual's parking privilege should not be forfeited. (e) A decision on the appeal shall be made by the Parking Appeals Council as defined in subsection (j) of this section. (f) The Parking Appeals Council may uphold the forfeiture, or they may cancel the forfeiture, or they may reduce the length of time the forfeiture will be in effect. (g) In any event, the parking privilege may not be renewed until payment of any outstanding parking fines or fees have been paid. (h) The employee will be notified in writing of the decision of the Parking Appeals Council. (i) The decision of the Parking Appeals Council will be final. (j) Appointment of members of the Parking Appeals Council. (1) The Parking Appeals Council will be comprised of three members appointed by the commander of the Capitol Police District. (2) One member will be appointed from the staff of the Capitol Police District and two members will be appointed from the parking coordinators from other state agencies. (3) The initial appointment will be as follows. (A) One member will be appointed for three months. (B) One member will be appointed for six months. (C) One member will be appointed for nine months. (4) Each future appointment will be for a six-month period. sec.4.43. Impoundment of Vehicles. (a) When a impound violation has occurred or when necessary to protect the public health, safety, or welfare or to promote and protect a critical state function, the department may impound or cause to be removed any vehicle presenting such an obstacle. (b) The department may also impound or cause to be removed any permitted or nonpermitted vehicle which has received one or more state citations which have not been timely paid, or any state employee's vehicle whose parking privileges have been forfeited. When unpaid charges are recorded or an employee's parking privileges have been forfeited, the department will send a letter to the last know address of the person. (c) A vehicle left on state property for a period of more than 48 hours without the approval of the parking administration will be considered abandoned. This does not apply to state-owned vehicles. (d) Vehicles shall be impounded by or at the direction of the department. The vehicle impounded shall not be released until all outstanding parking citations and towing and storage fees have been paid. (e) The department shall not be responsible for any fees, costs, or damages resulting from vehicle removal and impoundment. (f) The term "impoundment" includes removal or immobilization of the vehicle in question. (g) A vehicle is subject to impoundment under the following circumstances: (1) parking in a handicapped or reserved space without displaying proper permit; (2) possession or use of a lost, stolen, or forged permit; (3) parking on a state parking facility when parking privileges have been forfeited; (4) parking within any barricaded area; (5) parking a vehicle on a curb or sidewalk, or in any manner which creates an obstruction to vehicular or pedestrian traffic; or (6) parking in a "No Parking" zone or fire zone. sec.4.44. Normal Duty Hours. Assignments on surface lots or in garages shall allow the permitted employee to utilize the assignment only on state working days, including skeleton holidays, during the hours of 7 a.m. through 6 p.m. sec.4.45. Other Uses of State Parking Areas.
      The Texas Department of Public Safety may authorize use of state parking areas outside of normal working hours for other purposes. sec.4.46. Visitor Parking Lots. (a) Visitor parking shall be for the exclusive use of visitors to the complex. (b) A state employee may use the visitor parking if his/her principal place of employment is outside the Capitol Complex. (c) Visitor parking lots shall be limited to two-hour parking on all state working days. Request in writing from an agency head or other authorized state official may extend the two-hour limit. (d) Visitor parking lots shall be open from 7 a.m. until 5 p.m. on all state working days. Issued in Austin, Texas, on June 22, 1992. TRD-9208688 James R. Wilson Director Texas Department of Public Safety Effective date: June 23, 1992 Expiration date: October 21, 1992 For further information, please call: (512) 465-2000