Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4.
CAPITOL POLICE
Subchapter A. PROTECTION OF STATE BUILDINGS AND GROUNDS
37 TAC §4.10
The Texas Department of Public Safety proposes an amendment
to §4.10 concerning Security of State Office Buildings. Amendment to §4.10
adds new subsection (b) which puts visitors on notice that their unattended
containers may be subject to a search and reformats current subsection (b)
as new subsection (c).
Tom Haas, 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.
Mr. Haas also has 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 to ensure to the public that state-owned buildings
and property are properly secured, accessible to the public, and that a safe
work environment is provided to state officials and employees. There is no
anticipated adverse economic effect on individuals, small businesses, or micro
businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
The amendment 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.
Texas Government Code, §411.004(3) is affected by this proposal.
§4.10. Security of State Office Buildings.
(a)
(No change.)
(b)
Any unattended containers large enough
to contain explosive devices are subject to searches by department security
personnel.
(c)
[
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 May 30, 2000.
TRD-200003812
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 16, 2000
For further information, please call: (512) 424-2135
37 TAC §§4.31, 4.32, 4.33, 4.35, 4.36, 4.38, 4.40 - 4.43, 4.46
The Texas Department of Public Safety proposes amendments
to §§4.31, 4.32, 4.33, 4.35, 4.36, 4.38, 4.40-4.43, and 4.46, concerning
parking and traffic administration. The amendments clarify the authority of
the Texas Department of Public Safety with regard to parking and traffic administration,
and set forth changes to the procedures for enforcement of parking and traffic
rules, including assignment of reserved and open parking, monthly parking
charges, parking permits, issuance of citations and the towing and immobilization
of vehicles.
The amendments to the rules are necessary to implement Texas Government
Code, §§411.062, 411.063, and 411.067. These sections authorize
the Department of Public Safety to adopt rules for the security of persons
and access to and protection of grounds, public buildings, and property of
the state within the capitol complex, and the safe movement and parking of
vehicles in the capitol complex, and for procedures relating to the assessment
of an administrative fine for violations of the parking rules.
Tom Haas, 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
to state or local government.
Mr. Haas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be to ensure to the public that equitable and economical parking
facilities for state employees, state officials, and the visiting public are
provided and violations are properly handled. There is no anticipated adverse
economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890.
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, §§411.062,
411.063, and 411.067.
Texas Government Code, §§411.004(3), 411.062, 411.063, and 411.067
are affected by this proposal.
§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
Government Code, §§411.061-411.067. Parking and traffic administration
are administered by the Capitol Police 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)
Under the provisions of the Americans with Disabilities
Act (ADA) and 29 Code of Federal Regulations Part 163.2, a qualified employee
with a disability will be assigned a free reserved parking space[
(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.
A lot or garage may not be utilized for open
parking by all state employees when determined to be necessary for security
reasons by the Commander of the Capitol Police District.
(2)
Handicap reserved parking - a parking
space only to be utilized by an employee issued a handicap parking permit
by the parking administration. The spaces will be marked by signs and/or red
painted curbs or stops.
(3)
[
(4)
[
(5)
[
(6)
Visitor parking-a parking space to
be utilized by a state employee only if his or her principal place of employment
is outside the Capitol Complex. The spaces will be marked by signs and/or
blue painted curb stops. This definition excludes any parking spaces in the
State Visitors' Garage which is under the management and control of the State
Preservation Board.
(c)
Exemptions. The following areas will not be regulated as
to parking except as noted:
(1)
Texas
Workforce
[
(2)
the parking garage in the capitol extension project
and the parking spaces on the grounds of the Capitol. However, the department
may enforce the parking regulations established by the State Preservation
Board;
(3)
the State Visitor's Garage. Parking
facility under the management and control of the State Preservation Board.
However, the department may enforce the parking regulations established by
the State Preservation Board.
(4)
[
(d)-(e)
(No change.)
§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. [
(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 work
week 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,
may
[
(d)-(g)
(No change.)
§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)
Provided that 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
may
[
(c)
Additional and further assignments will be made in accordance
with these sections.
§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 department sets the rate at $10
per reserved space
[
(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
agency
[
(c)
The department may charge a fee not to exceed $8.00
per day for any Capitol Complex metered parking space reserved for a special
event in which the meter would not be available to the general public. The
same fee may be charged for any Capitol Complex metered parking space reserved
for a special event or construction project permitted by the City of Austin
in accordance with a signed interlocal agreement between the City of Austin
and the department.
[
[
Refunds. Employees who cancel
their assignment will be issued refunds as follows:]
[
full refund for cancellations prior to the
15th of the first month of the quarter;]
[
two-month refund for cancellations prior
to the 15th of the second month, but after the 16th of the first month of
quarter;]
[
one-month refund for cancellations prior
to the 15th of the third month, but after the 16th of the second month of
quarter;]
[
no refund for cancellations after the
15th of the third month of quarter.]
[
Petty cash. The parking administration
will maintain a $500 petty cash account for payment of refunds. This account
will be funded from parking revenue and will be administered in accordance
with Texas Government Code, §§403.241-403.252, and approved procedures
established for petty cash accounts by the Comptroller of Public Accounts.]
§4.36.Priority of Assignments.
(a)-(c)
(No change.)
(d)
The department will assign parking spaces to state employees
with disabilities. See §4.31 of this title (relating to General).
A state employee will be considered eligible for assignment to designated
disabled parking areas or permanent assignment to a free reserved disabled
person's parking space if the person holds a Texas Department of Transportation
disabled person parking privilege issued by a county tax assessor - collector
as described in Texas Transportation Code, §502.253, §681.002, or §681.003.
[
A state employee will be considered
eligible for permanent assignment to a free reserved disabled person's parking
space if:]
[
the person holds a Texas Department of Transportation
disabled person parking privilege issued by a county tax assessor-collector;
or ]
[
the nature of the disability 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.]
[
The application
for a disabled permit must be accompanied by evidence that the person holds
a Texas Department of Transportation disabled parking privilege issued by
a tax assessor-collector, or acceptable medical proof from a licensed physician
that the state employee is currently disabled. ]
[
Qualified employees with
a disability shall be entitled to a free reserved space as near as possible
to their work location.]
[
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)-(h)
(No change.)
§4.38.Sublease and Utilization.
Subleasing an assignment shall not be permitted and is a violation
of these sections. It is
permissible
[
§4.40.Parking Permits.
(a)
All vehicles utilizing open parking must display a current
parking permit. Up to two permits
may
[
(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. If hanging permits are issued, one permit will be
issued to each eligible employee. The employee may use the hanging permit
on any vehicle which the employee drives to work.
(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)
Parking permits may be used only by the
employee the permit is assigned to and may not be loaned or allowed to be
used for any purpose other than for parking of a state employee's vehicle
while the employee is at work within the Capitol Complex.
§4.41.Enforcement.
(a)-(c)
(No change.)
(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 §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)-(20)
(No change.)
(21)
parking in a parking space designated for visitors
to the Capitol Complex, when the vehicle is owned or operated by a state employee
whose principal place of employment is within the Capitol Complex;[
(22)
removing, or moving a vehicle to which is attached,
an immobilization device which was placed on the vehicle under §4.43(f)
of this title (relating to Immobilization of Vehicles). If damage results
to the immobilization device, such a violation will be prosecuted under the
applicable provisions of the Penal Code
;
[
(23)
displaying a handicapped permit
issued to another person; or
(24)
permit a person, other than the
state employee that the permit is assigned, to use a parking permit for a
purpose other than state employee parking. (A parking administration officer
shall remove parking permits from these vehicles and seize any hang tag permits
found in violation of this section).
(e)-(g)
(No change.)
§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 one or more parking citation(s) issued by
the Texas Department of Public Safety;
(2)
nonpayment of assessed parking fees;
(3)
falsifying data on an application for a parking permit;
(4)
subleasing a parking assignment;[
(5)
display or use of a permit or decal which has been
altered, or which has been defaced to the extent that information contained
on it is illegible;.
(6)
displaying a handicap permit issued
to another person;
(7)
allowing a parking permit to be used
by someone other than the person it is issued to;
(8)
the use of a parking permit for any
other purpose than state employment; or
(9)
noncompliance with the parking regulations
established by the parking administration.
(b)
The forfeiture
periods
[
(1)
The forfeiture period for an individual's
first violation of administrative rules listed in subsection (a) of this section
shall be 90 days.
(2)
The forfeiture period for an individual's
second violation of administrative rules listed in subsection (a) of this
section shall be 180 days.
(3)
The forfeiture period for an individual's
third and/or subsequent violation(s) of administrative rules listed in subsection
(a) of this section shall be for a period of one year.
(c)-(j)
(No change.)
§4.43.Impoundment or Immobilization of Vehicles.
(a)-(d)
(No change.)
(e)
Impoundment. A vehicle is subject to impoundment under
the following circumstances:
(1)
parking in a handicapped or reserved space without displaying
proper permit
or displaying a handicapped permit issued to another person
;
(2)
possession or use of a lost, stolen, or forged permit,
or one which has been altered, or defaced to the extent that information contained
on it is illegible;
(3)
parking on a state parking facility when parking privileges
have been forfeited;
(4)
parking within any barricaded area;
(5)
parking a vehicle on
any lawn,
[
(6)
parking in a "No Parking" zone or fire zone;
(7)
accumulation of one or more unpaid parking offense
fines or late charges;
(8)
when authorized under Texas Transportation Code, §545.305;
or
(9)
abandonment of a vehicle within the Capitol Complex.
A vehicle is considered to be abandoned if it is left on the complex for more
than 48 hours without the approval of the parking administration. This does
not apply to state owned vehicles.
(f)-(g)
(No change.)
§4.46.Visitor Parking.
(a)
Visitor parking shall be for the exclusive use of visitors
to the complex.
(b)
A state employee may use
a space designated by the
department as
[
[
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.]
[
Visitor parking lots shall
be open from 7 a.m. until 5 p.m. on all state working days.]
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 May 30, 2000.
TRD-200003813
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 16, 2000
For further information, please call: (512) 424-2135
Subchapter C. EXAMINATION REQUIREMENTS
(b)
] The provisions of this section
do not apply to buildings and grounds which fall under the provisions of §4.1(e)
of this title (relating to General).
Subchapter B. PARKING AND TRAFFIC ADMINISTRATION
that
meets the specifications of the ADA Accessibility Guidelines
]. As a
reasonable accommodation for employees with significant mobility impairments,
a free reserved space as near as possible to the building where the employee
is employed shall be designated, whether in space assigned to the employing
agency or in space managed by the department.
(2)
] Open parking--The
privilege
[
assignment of a right
] to park anywhere within
the Capitol Complex
[
a specific
] parking
lots or garages
[
lot or garage
] except in those spaces marked as
"reserved,"
"handicap reserved," "visitor parking," or designated by the department not
to be open parking facilities.
[
"reserved."
] No monthly charge
is made for open parking.
(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,
an agency
or to
an employee. The spaces will be marked by signs and/or yellow painted curbs
or stops.
Employment
] Commission.
Parking facility under the management and control of the Texas
Workforce
[
Employment
] Commission;
(3)
] parking areas outside
the Capitol Complex. State parking lots 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.
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
may
[
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 Government Code, §411.063(c),
and §4.36 of this title (relating to Priority of Assignments).
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
may
[
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. Utilization surveys of open parking areas will be conducted to
determine the number of available spaces in all lots and garages. Such surveys
will be conducted at times, and during months, which have been observed by
the parking administration as typically having the largest number of vehicles
using open parking. When utilization surveys show a pattern of available spaces
in an open parking location, the parking administration will make available
a number of open parking assignments, after taking into consideration the
pattern of utilization and the number of current assignments for the particular
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, except as
provided in §4.33 of this title (relating to New Lots/Garages).
will
] be first made to the employees occupying the building.
for individual employees assigned reserved spaces within a lot
or garage
].
employee
] advising
the agency
[
him or her
] to remit payment within five working days of
the date of notice.
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)
(1)
(2)
(3)
(4)
(e)
(1)
(A)
(B)
(2)
(3)
(4)
possible
] for
an employee who
is assigned a reserved space by his or her agency
[
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
coordinator for his or her agency
[
administration office
] is notified in advance, but charging
a fee for this favor is a violation of these sections.
will
] be issued
to each employee, but only one vehicle bearing a permit issued to an employee
may make use of that employee's parking privilege within the Capitol Complex
at a time. The department is authorized to issue either decal permits or hanging
permits.
or
]
.
]
or
]
shall be for a
period of 90 days
].
a
] curb
,
[
or
] sidewalk, or in any manner which
creates an obstruction to vehicular or pedestrian traffic
or that may
damage state property
;
the
] visitor parking only if his/her principal
place of employment is outside the Capitol Complex.
(c)
(d)
Chapter 15.
DRIVERS LICENSE RULES