Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Personnel and Employment Policies 37 TAC sec.sec.1.22, 1.23, 1.32, 1.34, 1.36 The Texas Department of Public Safety adopts amendments to sec.sec.1.22, 1.23, 1.32, 1.34, 1.36, concerning personnel and employment policies. Section 1.32 was adopted with changes to the proposed text as published in the January 8, 1993, issue of the Texas Register (18 TexReg 154). Sections 1.22, 1.23, 1.34, 1.36 are adopted without changes and will not be republished. The adoption of these sections will ensure that applicants for positions with the department will be screened on the basis of job-related requirements in compliance with the Americans with Disabilities Act. The last statement in sec.1.32(b)(9) was published incorrectly in the Texas Register which is now rewritten for clarification purposes. Adoption of these amendments comply with the provisions of the Americans with Disabilities Act. Language is added and deleted in sec.sec.1.22, 1.23, 1.32, and 1.34 to revise the screening and basic requirements for certain positions in order that medical and physical requirements are related to the performance of essential job functions. Section 1.36 is amended by changing the word handicap to disability. No comments were received regarding adoption of these amendments. The amendments are adopted under the Texas Government Code, sec.411.006(4) and sec.411.004(3), which provides the director with the authority to adopt rules necessary for the control of the department, subject to the Public Safety Commission's approval. sec.1.32. Basic Requirements for Employment as Trooper. (a) Application requirements. (1)-(8) (No change.) (9) All applicants for a position with the department must pass a physical examination and the physical demands work Texas Department of Public Safety Page 7 of 14 Chapter 1. Organization and Administration sample tests prior to probationary appointment. The physical demands work sample tests will be conducted by the Department of Public Safety personnel. The physical examination will be made by a physician designated by the department after a conditional job offer has been made. (10)-(11) (No change.) (b) Medical-physical standards. Applicants must conform to the following medical-physical standards. (1) Weight. Not less than two pounds per inch of height nor more than three pounds per inch of height for males and not less than 1 3/4 pounds per inch of height nor more than 2 1/2 pounds per inch of height for females and according to body build. (2) Vision. (A) Visual acuity. Maximum uncorrected visual acuity of 20/200 and correctable or corrected as follows: (i) 20/30 thru 20/40 -correctable to 20/30 in each eye and binocularly; (ii) in excess of 20/40 thru 20/100-must be corrected to 20/30 in each eye and binocularly by means of eye-glasses or contact lenses; (iii) in excess of 20/100 thru 20/200-must be corrected to 20/30 in each eye and binocularly by contact lenses and a statement from an ophthalmologist that no ocular disease exists. (B) Field of vision. Horizontal 60-85 degrees temporally from a central fixation point. (C) Muscular imbalance. Zero vertical deviation. Horizontal -5 prism diopters exophoria at 20 feet, 10 prism diopters esophoria at 20 feet. (D) Other visual factors. Applicants will be rejected for color deficiencies as determined by Department of Public Safety testing, chronic inflammation of the eye or adnexa, or permanent abnormalities of either eye (including cataracts, corneal opacities, paralysis of ocular muscles, etc.). Loss of either eye will reject. (3) Ears. Normal hearing with or without a hearing aid for each ear is required. (4) Heart. The action of the heart must be uniform, free, and steady, its rhythm regular, and the heart and vascular system free from organic changes. Organic heart disease will disqualify. (5) Circulation. Blood pressure-systolic maximum, 139; diastolic, 89; pulse pressure, 45. A slight variation from these figures may be permissible subject to the discretion of the examining physician. Hypertension that is controlled by medication to within the limits set forth herein is acceptable. The applicant must furnish a medical statement describing the medication and any warnings or cautions for proper safeguards against physical conditioning techniques with a statement furnished by a physician. It is also very important that the training academy and DPS physical training officer know when a trainee is taking medication. A marked tendency to the formation of varicose veins must reject. (6) Respiration. Must be full, easy, and regular; the respiratory murmur must be clear and distinct over both lungs, and no disease of the respiratory organs must be present. (7) Hernia. An actual hernia in any form must reject. (8) Genito-Urinary. Applicants must be free from stricture or incontinence of urine. Kidneys or kidney must be healthy and the urine normal. (9) Limbs. Both arms and legs, hands, and feet must be present. Must be free from infections of the joints, sprains, stiffness, or other conditions which prevent the proper and easy performance of duty. Great toes must be present in their entirety on both feet. First (index), second (middle), and third (ring) fingers and thumb must be present in their entirety on both hands. The provisions of this paragraph may be waived by the director. (10) Brain and nervous system. An applicant who has a history of epilepsy, blackouts, fainting spells, seizures, or convulsions must be seizure free for two years without taking medication. (11) Mental and personality. Applicants must be mentally alert and sound of mind and must be possessed of initiative, intelligence, good judgment, good address, and neatness of appearance. (12) Physical agility tests. Applicants for a position with the department must pass the physical agility tests which are set out by the department. (13) Diabetes. Applicants with insulin-dependent diabetes will be rejected. Applicants who have a history of diabetes, but whose diabetes is controlled by diet alone or diet and oral hypoglycemic agents, will be considered on a case- by-case basis. (14) Questions. In all instances where a question may arise as to whether an applicant meets the medical-physical standards, the director or his designee shall make the final determination as to whether an applicant is physically qualified for acceptance as a trooper. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 9, 1993. TRD-9318891 James R. Wilson Director Texas Department of Public Safety Effective date: March 4, 1993 Proposal publication date: January 8, 1993 For further information, please call: (512) 465-2000