TITLE public-safety-and-corrections

Part 37. Texas Department of Public Safety

Chapter 23. Vehicle Inspection

Vehicle Inspection Station Licensing

37 TAC §23.16

The Texas Department of Public Safety adopts the repeal of §23.16, concerning persons with a criminal background, without changes to the proposed text as published in the November 8, 1996, issue of the Texas Register (21 TexReg 10966).

The rule is being repealed to allow for the adoption of new §23.16 which is more consistent with the terms set out by the court of proper jurisdiction.

No Comments were received regarding adoption of the repeal.

The repeal is adopted pursuant to Texas Transportation Code, §548.002, which provides the department may adopt rules to administer and enforce this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on December 16, 1996.

Dudley M. Thomas

Texas Department of Public Safety

Effective date: January 9, 1997

Proposal publication date: November 8, 1996

For further information, please call: (512) 424-2890

The Texas Department of Public Safety adopts new §23.16, concerning persons with a criminal background, without changes to the proposed text as published in the November 8, 1996, issue of the Texas Register (21 TexReg 10967).

The justification for the new section will be certification of inspectors after completion of the court imposed sentence or probation.

The new section allows for certification of inspectors after fulfillment of the sentence imposed by the courts.

No comments were received regarding adoption of the new section.

The new section is adopted pursuant to Texas Transportation Code, §548.002, which provides the department may adopt rules to administer and enforce this chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on December 16, 1996.

TRD-9618402

Dudley M. Thomas

Director

Texas Department of Public Safety

Effective date: January 9, 1997

Proposal publication date: November 8, 1996

For further information, please call: (512) 424-2890

Part VII. Texas Commission on Law Enforcement Officer Standards and Education

Chapter 229. Texas Peace Officers' Memorial Advisory Committee Division

37 TAC §§229.1, 229.5, 229.20

The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts amendments to §§229.1, 229.5, and 229.20, concerning the Texas Peace Officers' Memorial, without changes to the proposed text as published in the November 1, 1996 issue of the Texas Register (21 TexReg 10804).

The amendments to these sections incorporate section changes to Chapter 415, Subchapter F of the Texas Government Code, enacted by House Bill 1271 during the 74th Legislative Session relating to the Texas Peace Officers' Memorial Advisory Committee.

The Legislature reduced the role of the Advisory Committee to only advising the Commission in the areas of funding, design, construction, updating, maintenance, and management of the memorial. The advisory committee no longer has any statutory role in the determination of which deceased peace officers' names will be eligible for inclusion on the memorial. Therefore, the Commission determined that the Executive Director of the Commission should have the responsibility of eligibility determination that had formerly been the responsibility of the advisory committee. The Commission reasoned that the selection process envisioned by the Legislature should be a simple and straightforward initial evaluation prior to submission to the Commission for final approval. A simple and logical process would be that the Executive Director would receive the documents describing the basis for consideration, review the documents, select those deceased peace officers that were eligible for inclusion on the memorial and submit the names for final approval by the Commission. Thus, where the rule had used "Committee", the Commission replaced that phrase with "Executive Director of the Commission".

The Legislature also expanded the list of persons eligible for inclusion on the memorial to include persons who were "commissioned deputy game wardens" and "corrections officer(s) in a municipal, county, or state penal institution in this state." Therefore, the Commission reasoned that the rule should be amended to reflect this statutory addition, make the rule consistent with the statute, and to preclude confusion on the part of the public and the law enforcement community.

No comments were received regarding adoption of the amendments.

The Commission is authorized to adopt rule amendments by TEX. GOV'T §415.010 (Vernon 1996); by §415.112, which establishes the advisory committee to advise the commission on the memorial project; and by §415.117, which outlines the duties of the advisory committee and establishes the circumstances under which a person's name is eligible to be included on the memorial.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on December 19, 1996.

Edward T. Laine

Chief, Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Effective date: March 1, 1997

Proposal publication date: November 1, 1996

For further information, please call: (512) 450-0188