Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter C. PERSONNEL AND EMPLOYMENT POLICIES
37 TAC §§1.21 - 1.32, 1.34, 1.35, 1.39
(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repeal will not be published.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 §§1.21 - 1.32, 1.34, 1.35, and 1.39, concerning Personnel
and Employment Policies. The repeal of these sections deletes provisions that
are internal procedures only, and which have no public impact. The repeal
of these provisions will allow the department to administer human resources
policies more quickly and efficiently.
Tom Haas, 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
to state or local government.
Mr. Haas also has 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of enforcing the repeals will be the elimination of unnecessary and outdated
rules. There is no anticipated economic cost to individuals or to small or
large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The repeals are proposed pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department.
Texas Government Code, §411.006(4) is affected by this proposal.
§1.21.General Employment Policy.
§1.22.Screening of Applicants on the Basis of Traffic and Criminal Record.
§1.23.Individual Evaluation of Applicant's Suitability.
§1.24.General Guides for Evaluation of Applicant.
§1.25.Citizenship.
§1.26.Age.
§1.27.Entrance Examinations.
§1.28.Fingerprinting.
§1.29.Bonding.
§1.30.Selection of Employees in Headquarters Complex.
§1.31.Completion of Forms Prior to Appointment.
§1.32.Basic Requirements for Employment as Trooper.
§1.34.Basic Requirements for Police Communications Operator I.
§1.35.Reinstatement.
§1.39.Personnel Files.
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 February 29, 2000.
TRD-200001516
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §§1.36, 1.37, 1.41
The Texas Department of Public Safety proposes amendments
to §§1.36, 1.37, and 1.41, concerning Personnel and Employment Policies.
Amendment to §1.36 deletes subsection (b) and reformats current subsection
(a) to better reflect current law and practice. Amendment to §1.37 adds
and deletes language which is also necessary in order to better reflect current
law and practice. Section 1.41(a)(2) corrects reference to the Human Resources
Bureau, telephone number and zip code. The amendment of these sections will
allow the department to administer human resources policies more quickly and
efficiently.
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-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be current and updated rules. There is no anticipated
economic cost to individuals or to small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department.
Texas Government Code, §411.006(4) is affected by this proposal.
§1.36.Equal Employment Opportunity Policy.
[
It is the policy of the Texas Department
of Public Safety to hire the best qualified people to perform the many tasks
necessary in providing high quality service in the field of law enforcement
administration and other areas of public safety. An integral part of this
policy is to provide equal employment opportunity for all persons; to recruit
and administer hiring, working conditions, benefits and privileges of employment,
compensation, training, appointments for advancement including upgrading and
promotion, transfers, and terminations of employment within the framework
provided by statutes of the State of Texas and the United States without discrimination
because of race, color, religion, national origin, sex, age, or disability.
[
The equal employment objective
is for the department to achieve within a reasonable time proper utilization
of qualifying minorities and females in the law enforcement, management, and
nonmanagement levels and to prohibit discrimination in employment because
of race, color, religion, national origin, sex, age, or handicap, and to have
a work environment free of discrimination.]
[
A major thrust of the Department of Public
Safety's efforts to reach our stated objective will be through our Affirmative
Action Program. This program includes goals, intermediate targets, and time
frames designed to accomplish the stated objective.]
[
The Department of Public Safety is assuring
the full realization of our stated objective through a continuous procedure
of monitoring and reporting.]
§1.37.Selection Policy.
(a)
The
purpose of the promotional and
selection
policies and procedures of
[
(1)
sound personnel practices based on merit;
(2)
nondiscriminatory procedures as required by law; and
(3)
a comprehensive program aimed at increasing the department's
overall professionalism
,
[
(b)
This department's
selection
[
§1.41.Americans with Disabilities Act Grievance Procedures.
(a)
Policy.
(1)
(No change.)
(2)
Complaints should be addressed to: Commander,
Human Resources
[
(3)-(5)
(No change.)
(b)-(c)
(No change.)
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 February 29, 2000.
TRD-200001517
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §1.151
The Texas Department of Public Safety proposes an amendment
to §1.151, concerning Inscription On Vehicles. Amendment to the section
is necessary so the department can clarify current policy and more clearly
meet the requirements of Chapter 721 of the Texas Transportation Code which
allows for certain vehicles to be exempt from the inscription requirement.
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 years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be more efficient administration of the department. There is
no anticipated economic cost to individuals or to small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendment is proposed pursuant to Texas Government Code, §411.006(4),
which authorizes the director of the Texas Department of Public Safety to
adopt rules, subject to commission approval, considered necessary for the
control of the department and Texas Transportation Code, §721.003.
Texas Government Code, §411.006(4) and Texas Transportation Code, §721.003
are affected by this proposal.
§1.151.Exemption of Inscription.
The director of the Texas Department of Public Safety is authorized
to exempt certain vehicles from having printed on them the inscription set
out in Texas
Transportation Code, §721.002. In order to further
law enforcement capabilities and effectively carry out assigned duties, the
director exempts from the inscription requirement those department
[
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 February 29, 2000.
TRD-200001518
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.24, §15.30
The Texas Department of Public Safety proposes amendments
to §15.24 and §15.30, concerning Application Requirements - Original,
Renewal, Duplicate, Identification Certificates.
The proposed amendments align the department's applicant identification
requirements with those of American Association of Motor Vehicles Model Identification
Guide. Upon review of the department's current rules, it was determined the
following information was not covered: individuals with an Immigration and
Naturalization Service I-94 designated as "refugee"; Canadian driver licenses;
and original or certified Canadian birth certificates. Amendments to the sections
further designate §15.24 as the proper section to contain the listing
of acceptable documents for all driver license, commercial driver license
or identification certificate applicants. Amendment to §15.30 further
deletes language which is already referenced to in §15.24.
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 assist in the positive identification of an applicant
for a Texas driver license or identification certificate. There is no anticipated
economic cost to small or large businesses. The cost to individuals who are
required to comply with the section as proposed will be the cost of obtaining
a Texas driver license, commercial driver license, or an identification certificate.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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 Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.24.Identification of Applicants.
All original applicants for driver's license or identification certificates
must present proof of identity satisfactory to the department. There are three
categories of documents that may be presented to establish that acceptable
proof of identity.
(1)
Standalone identification. These items are complete within
themselves and require no supporting instruments:
(A)-(C)
(No change.)
(D)
United States Immigration and Naturalization Service document
with verified data -and identifiable photo.
Exceptions to this are:
[
(i)
Record of Arrival and Departure stamped
"Refugee" (I-94) no photo required, or
(ii)
Passports issued by a foreign country
with an I-20 student certification with a valid or expired visa;
(E)
valid photo DL or photo ID issued by another (United States)
state, Puerto Rico, [
(F)
United States military ID card with identifiable photo.
(2)
Documented identification. These items are recorded
governmental documents (United States, 1 of the 50 states, a United States
territory, District of Columbia
, or Canadian province
) whose authenticity
can be verified (traceable to an original source for confirmation or refutation):
(A)
original or certified copy of a birth certificate issued
by the appropriate State
or Canadian province
Bureau of Vital Statistics
or equivalent agency;
(B)-(D)
(No change.)
(3)-(4)
(No change.)
§15.30.Identification Certificates.
(a)
Identification certificates are dated to expire on the
next birth date of the holder occurring six years after date of application,
except that a certificate that is issued to a person 60 years of age or older
does not expire.
(b)
All original applicants for identification certificate
must present proof of identity
as required in §15.24 of this title
(relating to Identification of Applicants.
[
[
Standalone identification.
These items are complete within themselves and require no supporting instruments:]
[
valid or expired Texas driver's license (DL)
or identification (ID) with photo;]
[
United States passport;]
[
United States citizenship (naturalization)
certificate with identifiable photo;]
[
United States Immigration and Naturalization
Service document with verified data and identifiable photo. This would include
a valid passport issued by a foreign country with a valid United States visa;]
[
valid photo DL or photo ID issued by another
(United States) state, Puerto Rico, or the District of Columbia; or,]
[
United States military ID card with identifiable
photo.]
[
Documented identification.
These items are recorded governmental documents (United States, 1 of the 50
states, a United States territory, District of Columbia) whose authenticity
can be verified (traceable to an original source for confirmation or refutation):]
[
original or certified copy of a birth certificate
issued by the appropriate State Bureau of Vital Statistics or equivalent agency;]
[
original or certified copy of United States
Department of State Certification of Birth (issued to United States citizens
born abroad); or]
[
original or certified copy of court order with
name and date of birth (DOB).]
[
For applicants born before 1961, the following
items would be acceptable in this category:]
[
original or certified copy of Form DD-214;]
[
original or certified copy of other state
or federal governmental record that states name and DOB (such as United States
census records or Social Security records).]
[
Supporting
identification. These items consist of other records or documents that aid
examining personnel in establishing the identity of the applicant. The following
items are listed as examples only and should not be construed as an absolute
list of "must have" items:]
[
public school records;]
[
infant baptismal records;]
[
insurance policy (at least two (2) years old);]
[
vehicle title;]
[
home mortgage records;]
[
marriage license;]
[
two years of utility bills;]
[
children's birth certificates;]
[
library card;]
[
military records;]
[
award or certificate from educational institution;]
[
original or certified copy of marriage license
or divorce decree;]
[
voter registration card;]
[
Social Security card;]
[
pilot's license;]
[
concealed handgun license; or]
[
Texas driver's license temporary receipt.]
[
Every original applicant
must present:]
[
one piece of standalone identification, or]
[
one piece of documented identification plus
one or more pieces of support identification.]
(c)
(No change.)
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 February 29, 2000.
TRD-200001519
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §15.46
The Texas Department of Public Safety proposes new §15.46
concerning Application Requirements -- Original, Renewal, Duplicate, Identification
Certificates.
New §15.46 is necessary to comply with House Bill 82, passed during
the 76th Texas Legislature, 1999, which requires applicants for a Texas driver
license, personal identification certificate, or commercial driver license
to provide information relating to their citizenship and county of residence.
This statute is relating to the method by which a county reconstitutes the
jury wheel and the duty of the department to remove certain names from a list
used to reconstitute the jury wheel.
Tom Haas, Chief of Finance, has determined that for each year of the first
five years the rule is 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-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to properly reconstitute a county's jury wheel
information by providing better demographic data for this purpose. There is
no anticipated economic cost to small or large businesses. The anticipated
economic cost to individuals will be the cost of obtaining the driver license/identification
certificate.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The section 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, and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.46.Citizenship Status and County of Residence.
An applicant for an original, renewal, or duplicate of a Texas driver
license or personal identification certificate must provide information relating
to their United States citizenship and provide their county of residence at
the time of application.
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 February 29, 2000.
TRD-200001528
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS AND EXAMINATIONS
37 TAC §16.31
The Texas Department of Public Safety proposes an amendment
to §16.31, concerning Commercial Driver's License Application Requirements
and Examinations.
Amendment to the section adds language referencing §15.24 of this
title (relating to Identification of Applicants) as the designated section
containing the listing of acceptable documents for driver license, commercial
driver license or identification certificate applicants.
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
to state or local government.
Mr. Haas also has determined that for each year or the first five year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to assist in the positive identification of an
applicant for a Texas driver license or identification certificate. There
is no anticipated economic cost to small or large businesses. The cost to
individuals who are required to comply with the section as proposed will be
the cost of obtaining a driver license, a commercial driver license or an
identification certificate.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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, and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§16.31.DL-14A Application for Texas Driver License.
This application is required for all original applicants for a Texas
driver license, including applicants for a commercial driver's license (CDL).
Persons with a valid Texas driver license will not be required to complete
a new DL-14A when applying for a CDL.
Original applicants for a Texas
CDL must present proof of identity as required under §15.24 of this title
(relating to Identification of Applicants).
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 February 29, 2000.
TRD-200001520
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §16.40
The Texas Department of Public Safety proposes an amendment
to §16.40, concerning application requirements and examinations.
The amendment to the section adds new subsection (d) which requires that
applicants for a commercial driver license provide information relating to
their citizenship and county of residence. This change is necessary due to
the passage of House Bill 82, passed during the 76th Texas Legislature, 1999,
relating to the method by which a county reconstitutes the jury wheel and
the duty of the department to remove certain names from a list used to reconstitute
the jury wheel.
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
to state or local government.
Mr. Haas also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to properly reconstitute a county's jury wheel information
by providing better demographic data for this purpose. There is no anticipated
economic cost to individuals or to small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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, and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§16.40.Completion of Application.
(a)
All spaces must be completed and all questions must be
answered on all forms required in order for the application to be accepted.
(b)
It is the responsibility of the applicant to assure that
forms requiring notarization are properly verified before persons authorized
to administer oaths.
(c)
The applicant must provide proof of his social security
number. Social security cards issued by the United States Government, W-2
tax forms, and payroll or employer records will be acceptable as documentation.
(d)
All applicants must provide information
relating to United States citizenship and provide their county of residence
at the time of application.
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 February 29, 2000.
TRD-200001527
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §16.50
The Texas Department of Public Safety proposes an amendment
to §16.50, concerning examination requirements.
The amendment to §16.50(a) clarifies the composition and components
of the Commercial Driver License road test. Amendment to §16.50(b)(4)
modifies and clarifies disqualification standards for Commercial Driver License
road tests and §16.50(b)(2)(F) is deleted because it is not applicable.
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 years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be greater convenience to the public and increased efficiency
in administering road tests to applicants for Commercial Driver Licenses.
There is no anticipated economic cost to small or large businesses. The anticipated
cost to individuals required to comply with the section as proposed is the
statutory licensing and testing fee.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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 and Texas Transportation Code, §522.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §522.005
are affected by this proposal.
§16.50.Road Test Maneuvers.
(a)
The road test will consist of
three separate standalone
examinations consisting of the on-street test, the backing test, and parallel
parking test and will include
the following maneuvers:
(1)
start;
(2)
quick smooth stop;
(3)
backing;
(4)
upshifting;
(5)
downshifting;
(6)
lane change;
(7)
merge;
(8)
use of lanes;
(9)
right-of-way;
(10)
posture;
(11)
approach to corner;
(12)
traffic signals;
(13)
traffic signs;
(14)
left turns;
(15)
right turns; and
(16)
parallel parking (if applicable).
(b)
Rejection standards for road test are:
(1)
accident. Any contact with another vehicle, object, or
pedestrian which applicant could have prevented, regardless of who was responsible,
resulting in any damage or injury;
(2)
dangerous action:
(A)
accident is prevented only by defensive driving on the
part of another or dodging by a pedestrian;
(B)
any loss of control creating a hazard;
(C)
driver stalls vehicle in middle of busy intersection so
as to obstruct traffic;
(D)
drives one or more wheels over the curb or onto the sidewalk;
or
(E)
accident prevented only by warning given by the examining
officer;[
[
(3)
violation of law. Unless otherwise stipulated
in scoring standards, a driver is disqualified for:
(A)
any act for which the driver might be arrested; or
(B)
any act which might make the driver liable for damages
in case of accident;
(4)
deductions. Various or repeated minor mistakes
totaling more than 30 points deducted on the on-street test
, various
or repeated minor mistakes totaling more than 5 points deducted on the backing
test; various or repeated minor mistakes totaling more than 7 points deducted
on the parallel parking test
for any vehicle;
(5)
lack of cooperation or refusal to perform:
(A)
refusal to try any maneuver in good faith;
(B)
repeated failure to follow instructions;
(C)
offer a bribe or gratuity;
(D)
argument concerning scoring, not just a discussion of scoring;
or
(E)
refusal to wear a seat belt when required and has no physician's
statement for waiver.
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 February 29, 2000.
TRD-200001521
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §16.72, §16.77
The Texas Department of Public Safety proposes amendments
to §16.72 and §16.77, concerning change of license status, renewals,
surrender of license, fees.
Subsection (f) is added as new language to §16.72 and §16.77
is reformatted to add new subsection (b). The new language is necessary in
order for the department to comply with House Bill 82, which requires that
applicants for a Texas driver license, personal identification certificate,
or commercial driver license provide information relating to their citizenship
and county of residence. This statute is relating to the method by which a
county reconstitutes the jury wheel and the duty of the department to remove
certain names from a list used to reconstitute the jury wheel.
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
for 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 properly reconstitute a county's jury wheel information
by providing better demographic data for this purpose. There is no anticipated
economic cost to individuals or to small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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 Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§16.72.Renewals.
(a)
When a valid commercial driver's license (CDL) is renewed
after the original issuance and there is no change in status, the applicant
will be given the vision exam. If the licensee has a hazardous materials endorsement
he must take and pass the hazardous materials knowledge test to keep the endorsement
unless the exam was successfully completed within the past two years immediately
preceding the applicant's request for renewal.
(b)
When a CDL is renewed after the original issuance and there
is a change in status (advance in grade, endorsement added, or restriction
removed), the applicant will be given the vision test, as well as the appropriate
knowledge and skills tests if these are required for the requested changes.
If the licensee has a hazardous materials endorsement he must take and pass
the hazardous materials knowledge test to keep the endorsement unless the
exam was successfully completed within the past two years immediately preceding
the applicant's request for renewal.
(c)
Licenses can be renewed within 12 months of the expiration
date.
(d)
A commercial driver learner's permit may not be renewed.
These are licenses containing restrictions X, Y, or Z.
(e)
All applications for CDL renewals must be made in person.
(f)
All applicants for CDL must provide information
relating to their United States citizenship and provide their county of residence
at the time of application for renewal.
§16.77.Duplicates.
(a)
The fee for a duplicate commercial driver's
license (CDL) is $10. Duplicate licenses will be issued for change of name,
or address, or for lost licenses.
(b)
All applicants for a duplicate CDL must
provide information relating to their United States citizenship and provide
their county of residence at the time of the request for the duplicate.
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 February 29, 2000.
TRD-200001526
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §16.97, §16.106
The Texas Department of Public Safety proposes an amendment
to §16.97 and new §16.106, concerning Sanctions and Disqualifications.
The Federal Highway Administration (FHWA) indicated concern on the fact
that Texas may issue an occupational driver license for the operation of a
commercial vehicle (CMV) to Commercial Driver License (CDL) holders if the
suspending offense occurs in a non-CMV. Nationwide, due to an increasing umber
of CMV related fatalities and the high property damage a CMV may cause in
an accident, FHWA is urging states to reconsider the occupational driver license
issue and prohibit the issuance of an occupational driver license to CDL holders
regardless of the type of vehicle being operated at the time of suspending
offense. Therefore, amendment to §16.97 and new §16.106 prohibit
the issuance of an occupational license to operate a CMV vehicle.
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-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to prohibit problem CMV operators from obtaining
an occupational driver license. There is no anticipated economic cost to individuals
or to small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendment and new section 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 Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§16.97.Occupational Licenses.
If a person's commercial driver's license has been
disqualified
[
§16.106.Occupational/Essential Need License Prohibition.
If a person's driver license or privilege is suspended, revoked, cancelled,
or denied under any law in this state pursuant to Texas Transportation Code, §522.089,
the person's commercial driver license will be disqualified. A person whose
license or privilege is disqualified may not be granted an occupational or
essential need license to operate a commercial motor vehicle (CMV).
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 February 29, 2000.
TRD-200001529
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
Subchapter A. DRIVER TRAINING SCHOOL TESTING AND ISSUANCE OF INSTRUCTION PERMITS
37 TAC §18.1
The Texas Department of Public Safety proposes an amendment
to §18.1, concerning Driver Training School Testing and Issuance of Instruction
Permits.
The amendment to the section adds the definition of "instructor" and renumbers
remaining paragraphs. The amendment is necessary due to the passage of House
Bill 953, 76th Texas Legislature, 1999, which added stepparent, grandparent,
and step-grandparent to the definition of instructor.
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
to 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 clarification of the process involved in the Parent
Taught Driver Education program.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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, and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§18.1.Definitions.
Unless otherwise defined, the terms in these rules shall have the same
meaning assigned to them in the Transportation Code, Chapter 521, concerning
driver's licenses and certificates. The following words and terms, when used
in this undesignated head, shall have the following meanings, unless the context
clearly indicates otherwise.
(1)
Driving school, driver training school and driver education
school -- have the same meaning and may be used interchangeably.
(2)
Instructor - refers to parent, stepparent,
grandparent, step-grandparent and legal guardian as a person approved to conduct
a Parent Taught Driver Education course. In addition, the instructor must
be legally licensed to operate a motor vehicle in the state of Texas and must
not have been convicted of criminally negligent homicide, driving while intoxicated,
or be disabled because of mental illness.
(3)
[
(4)
[
(5)
[
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 February 29, 2000.
TRD-200001523
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §§18.21 - 18.24
The Texas Department of Public Safety proposes amendments
to §§18.21-18.24, concerning Parent Taught Driver Education.
The amendments to the sections are necessary in order to comply with House
Bill 953, passed during the 76th Texas Legislature, 1999. Amendments to the
sections changes the term "parent" to "instructor," deletes unnecessary language
which is specific to the completion of required forms which is already addressed
in the Parent Taught course packet, and clarifies procedures for applying
for the course. The title of the subchapter is also changed to better reflect
the content of the sections.
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 minimal fiscal impact
on state government due to the required revision of forms, however, the department
is unable to determine this cost. There will be no fiscal impact on local
government.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated, as a result
of enforcing the rules, will be clarification in the process involved in the
Parent Taught Driver Education program. There is no anticipated economic cost
to small or large businesses. The cost to individuals who are required to
comply with the section as proposed will be the nonrefundable fee required
for obtaining the Parent Taught Driver Education Packet.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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 Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§18.21.Obtaining Materials for Parent Taught Course.
(a)
[
[
instructions and procedures;]
[
a Texas Driver License
application (DL-14A);]
[
two Parental Driver Education
Affidavits;]
[
a Student Instruction
Record;]
[
a Texas Drivers Handbook;]
[
a model curriculum guide;]
[
a resource list; and]
[
a list of department
approved programs.]
(b)
The
instructor
[
(c)
The Parent Taught Driver Education packet does not
contain all required materials (i.e., textbooks) necessary to provide the
driver training course. It is the responsibility of the instructor to obtain
these items as necessary.
[
§18.22.Classroom Instruction.
(a)-(e)
(No change.)
(f)
When
an instructor
[
(1)
a completed Texas Driver License Application (DL-14A)[
(2)
a completed and notarized Parental Driver Education
Affidavit[
(3)
a fee of $5.00;
(4)
a high school diploma or its equivalent, or acceptable
certification of high school/GED enrollment and attendance, Texas Education
Agency (TEA) form GEA-043R93, or the equivalent;
(5)
if previously licensed (including an instruction permit)
in another state, the out-of-state license must be surrendered or a Department
of Public Safety affidavit must be executed certifying the out of state license
has been lost, stolen, or is expired;
(6)
if the student owns a vehicle for which proof of financial
responsibility is required, evidence of liability insurance must be presented;
(7)
an original social security card or other acceptable
proof of social security number;
(8)
an original birth certificate or other acceptable
proof of name, date of birth, and place of birth; and
(9)
other information as required by the department.
(g)
A Driver License Service employee will review the items
presented. If these items are satisfactory, department personnel will provide
the assigned DE-964 form for completion by the
instructor
[
§18.23.Behind-the-Wheel Instruction.
(a)
In-car instruction may be taught in any motor vehicle which
may be legally operated with a Class C driver's license in Texas. The vehicle
must have valid registration, have a currently valid motor vehicle inspection
certificate, and be properly insured with proof of such liability insurance
available in the vehicle. The vehicle is not required to have dual brakes
but it is recommended that the vehicle have a second rear-view mirror for
use of the instructor.
(b)
After a student has received an instruction permit,
an instructor
[
(1)
applicant's
instruction permit or learner's
license;
(2)
a completed and notarized Parental Driver Education
Affidavit
[
(3)
a completed
[
(4)
a fee of $5.00;
[
(5)
a high school diploma or its equivalent,
or acceptable certification of high school/GED enrollment and attendance,
Texas Education Agency (TEA) form GEA-043R93, or equivalent; and
(6)
other information as required by
the department.
(c)
Upon acceptance of the above documentation, Driver License
Service personnel will provide the form DE-964 for completion by the
instructor
[
§18.24.[
[
The Texas Driver Education Certificate, form
DE-964, is a numbered, two-part form consisting of four copies and is used
to certify completion of both classroom and laboratory phases of the driver
education course. The certificate is sent to the Driver License office indicated
on the Request for Driver Education Packet form. The Driver License office
will file the certificate upon receipt for security purposes and
it
will remain under
the
control of the department. [
[
FOR INSTRUCTION PERMIT ONLY
(bottom section of form). This portion of the form will be completed at the
Driver License office for the issuance of an instruction permit. This is a
tear-off form and only the department copy will be removed. When filling out
the form, type or print firmly using black ink. Enter the following information:]
[
check the box to indicate "Parent or Legal
Guardian";]
[
check the box to indicate "DPS-approved
program" and write in the course number as indicated on the list of approved
programs;]
[
check the box to indicate "Must take vision,
traffic law and traffic sign parts of the examination" (for DPS use);]
[
enter the student's full, legal name as
shown on the birth certificate or other legal document;]
[
the parent or legal guardian will sign
on the line "Signature of Driver Education Teacher";]
[
enter the parent or guardian's driver's
license number on the line "TEA Number";]
[
enter "Home" on the line "School, ESC,
College, or University";]
[
leave blank the two lines which read "Signature
( ) Chief School Official" and "Driver Education School Number"; and]
[
enter the date on the line "Date Issued."]
[
FOR DRIVER'S LICENSE ONLY
(top of form). This portion of the certificate will be completed after the
complete course, classroom and laboratory, has been successfully completed.
Enter the following information:]
[
check the box to indicate "Parent or Legal
Guardian";]
[
check the box to indicate "7 hours behind-the-wheel
instruction and 7 hours supervised practice";]
[
enter the student's full, legal name as
shown on the birth certificate or other legal document, date of birth, and
gender (male or female);]
[
enter the student's instruction permit
number, date of classroom completion, and date of laboratory (in-car) completion;]
[
the parent or legal guardian will sign
on the line "Signature of Driver Education Teacher";]
[
enter the parent's or guardian's driver's
license number on the line "TEA Number";]
[
enter "Home" on the line "School, ESC,
College or University";]
[
leave blank the two lines which read "Signature
( ) Chief School Official" and "Driver Education School Number"; and]
[
enter the date on the line "Date Issued."]
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 February 29, 2000.
TRD-200001524
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §18.31, §18.32
The Texas Department of Public Safety proposes amendments
to §18.31 and §18.32, concerning Department Approved Driver Education
Courses.
The amendment to §18.31 corrects reference to statute and deletes
subsections (d) and (e) as they are no longer applicable. Amendment to §18.33
is necessary in order to update the name of the bureau responsible for approval
of the Parent Taught program, curriculum and materials.
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 minimal fiscal impact
on state government due to the required revision of forms, however, the department
is unable to determine this cost. There will be no fiscal impact on local
government.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be clarification in the process involved in the
Parent Taught Driver Education program. There is no anticipated economic cost
to individuals or to small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, 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 Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§18.31.Requirements for Approval of Course.
(a)
Texas Transportation Code,
§521.205(a)
[
Figure: 37 TAC §18.31(a) (No change).
(b)
A textbook, approved by the Texas Education Agency (TEA)
for driver education, is an integral part of driver training and is a required
resource. The only exception to this requirement is if a curriculum does not
require the use of a TEA approved textbook. The curriculum will have to provide
its own resource materials, i.e., textbook, student workbook, instructor guides,
or any other materials that have been approved as the textbook replacement
by the department.
(c)
Behind-the-wheel instruction and practice hours during
the laboratory phase.
Figure: 37 TAC §18.31(c) (No change).
[
The department adopts by reference
the DRIVER EDUCATION INSTRUCTION CURRICULUM MODEL FOR PARENTS AND LEGAL GUARDIANS
and it is the standard upon which each program will be evaluated and may be
used as an approved course.]
[
The curriculum is available
for inspection at the department's Austin headquarters.]
§18.32.Submission of Course for Department Approval.
(a)
Entities desiring to have courses evaluated for department
approval must submit their complete course curriculum and copies of all materials
to:
License Issuance Bureau
[
(b)
The curriculum
and all materials
will be evaluated.
If it substantially meets or exceeds the minimum standards of the [
(c)
Submitted materials will be retained in the department
files.
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 February 29, 2000.
TRD-200001525
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
Subchapter B. TEXAS IGNITION INTERLOCK DEVICE REGULATIONS
37 TAC §§19.21 - 19.26
(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 §§19.21-19.26, concerning Texas Ignition Interlock Device
Regulations.
The sections are being repealed due to numerous changes needed. New sections
are being filed simultaneously with the changes.
Tom Haas, 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
as a result of enforcing or administering the repeals.
Mr. Haas also has determined that for each year of the first five years
the repeals are in effect the public benefit anticipated as a result of enforcing
the repeals will be current and updated Ignition Interlock Device rules. There
is no anticipated economic cost to small or large businesses. There is no
anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
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 Transportation Code, §521.2476.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.2476
are affected by this proposal.
§19.21.Explanation of Terms and Actions.
§19.22.Procedure for Approval.
§19.23.Technical Requirements.
§19.24.Miscellaneous Requirements.
§19.25.Maintenance and Calibration Requirements.
§19.26.Approval, Denial, and Withdrawal of Approval.
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 February 29, 2000.
TRD-200001530
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
37 TAC §§19.21 - 19.29
The Texas Department of Public Safety proposes new §§19.21-19.29,
concerning Texas Ignition Interlock Device Regulations. The new sections promulgate
regulations for the approval of models and classes of these devices, standards
for the calibration and maintenance, and responsibility of manufacturers of
these devices. The new sections are being filed simultaneously with the proposal
for repeal of current rules.
House Bill 3492 passed during the 76th Texas Legislature requires the Department
to develop rules to provide oversight to the breath alcohol ignition interlock
industry. Previous rules only addressed the approval of the devices for use
in the state of Texas, so the addition of vendor oversight represents a major
change to these rules. In addition, the proposal changes to address the requirements
of the new law, to address changes in technology, to better parallel National
Highway Traffic Safety Administration (NHTSA) recommendations on this subject,
and to correct reference to the Texas Transportation Code.
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.
Haas also has determined that for each year of the first five-year period
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be that all Ignition Interlock Device vendors in Texas will
operate under the same rules with the Department providing oversight to see
that these rules are followed. There is no anticipated economic cost to individuals.
The anticipated cost to small or large businesses will be the approximate
$50 cost payable to the Department for approval of an ignition interlock device.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The new sections 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 Transportation Code, §521.2476.
Texas Government Code, § 411.004(3) and Texas Transportation Code, §521.2476
are affected by this proposal.
§19.21.Explanation of Terms and Actions.
The following words and terms, when used in this undesignated head,
shall have the following meanings, unless indicated otherwise.
(1)
Alcohol -- Ethyl alcohol, also called Ethanol.
(2)
Alcohol concentration -- The weight amount of alcohol
contained in a unit volume of breath or air, measured in grams of Ethanol/210
liters of breath or air and expressed as grams/210 liters. Breath alcohol
concentration in these regulations shall be designated as "alcohol concentration."
(3)
Alveolar air -- Also called "deep lung air" or "alveolar
breath." An air sample which is the last portion of a prolonged, uninterrupted
exhalation and which gives a quantitative measurement of alcohol concentration
from which breath alcohol concentrations can be determined. "Alveolar" refers
to the alveoli, which are the smallest air passages in the lungs, surrounded
by capillary blood vessels and through which an interchange of gases occurs
during respiration.
(4)
Anticircumvention feature(s) -- Any feature or circuitry
incorporated into the Ignition Interlock Device (IID) that is designed to
prevent human tampering which would cause the device not to operate as intended.
(5)
Approval -- Meeting and maintaining the requirements
of these regulations and placement on the scientific director's list of approved
devices. Approval may be denied, cancelled, withdrawn, and/or suspended at
any time, for cause by the scientific director.
(6)
Appropriate judiciary authority -- a phrase used throughout
these regulations that is meant to include personnel or court orders of the
Texas judiciary system including but not be limited to: the actual court order
requiring or authorizing installation of an IID, the court (or judge) that
ordered or authorized that installation, pretrial services authorities (having
to do with bail bond requirements in these matters), adult supervision (or
adult probation) authorities and or occupational licensing authorities.
(7)
Bogus -- Any gas sample other than the unaltered,
undiluted, or unfiltered alveolar air sample coming from the individual required
to have an ignition interlock device installed in his/her vehicle.
(8)
Breath alcohol analysis -- Analysis of a sample of
person's expired alveolar breath to determine the concentration of alcohol
in the person's breath.
(9)
Certification.
(A)
Certification refers to meeting and maintaining the requirements
set forth in these regulations. Under the provisions of these regulations,
certification is granted to:
(i)
inspectors,
(ii)
service representatives, and
(iii)
service centers.
(B)
Certification is granted by the scientific director only
when minimum requirements of certification have been met. All aspects of IID
business in Texas must be performed under certification in order to be eligible
for court purposes.
(C)
Certificates are issued to inspectors, service representatives,
and service centers. Certificates are not issued for individual IIDs or reference
sample devices.
(10)
Certified IID inspector. -- Refers to an individual
who meets the requirements stated in §19.29 of this title (relating to
Ignition Interlock Device Inspector).
(11)
Certified service center -- Refers to any IID service
center, whether fixed site or mobile, meeting and maintaining the provisions
stated in §19.27 of this title (relating to Certification and Inspection
of Service Centers).
(12)
Certified service representative -- Refers to an
individual who has successfully completed the requirements stated in these
regulations and has received certification from the scientific director to
install, inspect, download, calibrate, repair, monitor, maintain, service
and/or remove a specific ignition interlock device(s). Service representative
certification is contingent upon compliance with all provisions stated in §19.28
of this title (relating to Service Representative).
(13)
Costs -- The nonrefundable original administrative
fees plus any and all costs incurred by the department for testimony and/or
approval, or reevaluation, of any device. Any and all incurred costs and expenses
shall be the responsibility of the manufacturers and shall be reimbursed to
the department within 30 days. Additionally the reasonable cost of providing
legislatively mandated inspections of certified service centers shall be reimbursed
to the department in the form of inspection fees payable by either the manufacturer
or vendor, whichever is appropriate. Failure to pay or reimburse the department
for these reasonable costs shall result in the denial or loss of certification
of the affected service center(s).
(14)
Data storage system -- A computerized recording of
all events monitored by the installed IID, which may be reproduced in the
form of required reports.
(15)
Department -- The unmodified word department in these
regulations refers to the Texas Department of Public Safety.
(16)
Device -- An ignition interlock device (abbreviated
in this title as IID).
(17)
Emergency bypass -- a one-time event, authorized
by a service representative that permits the IID-equipped vehicle to be started
without the requirement of passing the breath test. This event must be recorded
in the Data storage system. Also see Illegal Start.
(18)
Filtered air samples -- Any mechanism by which there
is an attempt to remove alcohol from the human breath sample. Filters would
include, but are not limited to, silica gel, drierite, cat litter, cigarette
filters, water filters, cotton, etc.
(19)
Fixed-site service center -- A certified service
center that is at a permanent location, i.e., not mobile.
(20)
Free restart -- The condition in which a test is
successfully completed and the motor vehicle is started, and then at some
point the engine stops for any reason (including stalling). A free restart
is the ability to start the engine again, within two minutes, without completion
of another breath alcohol analysis. This free restart does not apply, however,
if the IID was awaiting a rolling retest that was not delivered.
(21)
IID -- The common abbreviation for Ignition Interlock
Device used throughout these regulations.
(22)
Ignition interlock device (abbreviated in this title
as IID) -- A device that is a breath alcohol analyzer that is connected to
a motor vehicle ignition. In order to start the motor vehicle engine, a driver
must blow an alveolar breath sample into the analyzer which measures the alcohol
concentration. If the alcohol concentration exceeds the startup set point
on the interlock device, the motor vehicle engine will not start.
(23)
Illegal start -- An event wherein the IID-equipped
vehicle is started without the requisite breath test having been taken and
passed and/or is started when the IID is in a lockout condition or is started
by enabling an unauthorized emergency bypass. Any and all of these events
shall be recorded in the Data storage system as violations.
(24)
Inactivation.
(A)
Inactivation refers to the voluntary or temporary discontinuance
of certification. Unless specifically stated otherwise, this loss of certification
will be an administrative program control as opposed to suspension or revocation
for violation of these regulations or for unreliability or incompetence. Inactivation
may be initiated by anyone having authority to suspend or revoke, or by the
certified entity in case of voluntary surrender of certification. In questionable
cases, the decision to accept inactivation or invoke suspension or revocation
will be determined by the scientific director. Recertification of an inactivated
certificate will require a written request from the applicant to the scientific
director and successful completion of the requirements outlined in §19.27, §19.28(c),
or §19.29, of this title (relating to Certification and Inspection of
Service Centers, Service Representative, and Ignition Interlock Device Inspector)
as appropriate for recertification and/or other requirements determined by
the scientific director. Inactivation will be used in, but not limited to,
the following situations:
(i)
an inspector or a service representative terminates employment
under which certification was acquired and new employment does not require
certification, or the new location of the inspector or service representative
cannot be ascertained; or
(ii)
an inspector or a service representative fails to renew
current certification and reverts to an inactive status; or
(iii)
a service center no longer meets all the requirements
for certification.
(B)
Inactivation will not be considered by the office of the
scientific director as a disciplinary action. It is for administrative program
control to safeguard the scientific integrity of the IID program.
(25)
Interlock -- The mechanism which prevents a
motor vehicle from starting when the alcohol concentration of a person exceeds
a preset value.
(26)
Lockout condition -- A state wherein the IID will
not allow the vehicle to be started until a certified service representative
completes a violation reset, downloads the Data storage system and restores
the IID to a state that will allow the vehicle to be started. Violation conditions
that trigger the lockout condition will enable a unique auditory and/or visual
cue that will warn the driver that the vehicle ignition will enter a lockout
condition within a period not to exceed 5 days. This event will be uniquely
recorded in the data storage system and will simultaneously start a clock
that culminates in the actual lockout condition.
(27)
Manufacturer -- The actual producer of the device.
(28)
Manufacturer's representative -- An individual and/or
entity designated by the manufacturer to act on behalf of or represent the
manufacturer of a device. May be synonymous with vendor.
(29)
Mobile service center -- Any IID facility that has
the personnel and equipment capability to be in use separately and simultaneously
with it's parent fixed site service center, whether set up in a vehicle or
temporarily set up at a site with a permanent foundation.
(30)
Negative result -- A test result indicating that
the alcohol concentration is less than the startup set point value.
(31)
Office of the scientific director -- The individual
responsible for the implementation, administration, and enforcement of the
Texas Ignition Interlock Device Regulations or his staff.
(32)
Positive result -- A test result indicating that
the alcohol concentration meets or exceeds the startup set point value.
(33)
Proficiency test -- A test administered by, and in
the presence of, an IID inspector to establish and/or ascertain the competency
of a service representative with regard to IID equipment.
(34)
Purge -- Any mechanism which cleanses or removes
a previous breath or reference sample from the device and specifically removes
alcohol.
(35)
Recertification -- Recertification refers to the
regaining of lost certification; for example, certification loss by inactivation,
suspension, or revocation. Unless provided for by specific provision in these
regulations, application for recertification requires a written request from
the applicant to the scientific director. Upon receipt of the request, the
applicant will be advised of the necessary procedure to regain certification.
Recertification requires the successful completion of requirements stated
in §19.27, §19.28(c) or §19.29 of this title (relating to Certification
and Inspection of Service Centers, Service Representative, and Ignition Interlock
Device Inspector) as appropriate, and/or additional requirements as stated
by the scientific director.
(36)
Reference sample device -- A device which generates
a headspace gas above a water/alcohol solution that is maintained at a thermostatically
controlled temperature. This headspace gas can be used to simulate the breath
alcohol concentration of an individual who has been drinking alcoholic beverages
and whose alcohol concentration is reflected in an analysis of a breath sample.
The results of this analysis are expressed as grams of alcohol/210 liters
of breath.
(37)
Retest set point -- A pre-set or pre-determined alcohol
concentration setting, which is the same (0.03) as the startup set point or
with appropriate judiciary authority, as much as 0.02 higher than the startup
set point, at which, or above, during a rolling retest, the device will record
in the data storage system, the high alcohol result as a violation.
(38)
Revocation.
(A)
Revocation refers to the immediate cancellation of certification.
Revocation is an action taken only by the scientific director. To regain certification
after revocation requires a written request from the applicant to the office
of the scientific director and successful completion of the requirements for
certification and/or recertification and/or any additional requirements determined
by the scientific director. Revocation invalidates any current IID program
certification issued to the revoked entity for the period of revocation and
until recertification. Unless provided for by specific provision in these
regulations revocation will apply in cases such as, but not limited to, the
following:
(i)
a certified IID service center that because of unreliability,
incompetence, or violation of these regulations, no longer meets the requirements
of these regulations; or
(ii)
an inspector or service representative who, because of
unreliability, incompetence, or violation of these regulations is not in compliance
with the provisions stated in these regulations or when continuance of such
certification in the opinion of the scientific director would not uphold the
scientific integrity of the IID program.
(B)
If after the allowed appeals process, the revocation of
a service center is sustained; the revoked entity shall be required to replace
the IID service and/or the IID as in §19.25(e) of this title (relating
to Maintenance and Calibration Requirements).
(C)
In the event that no appeal from the revoked service center
is forthcoming, the revoked entity shall have 30 days to achieve the requirements
of §19.25(e) of this title (relating to Maintenance and Calibration Requirements).
(D)
Revocation will be for the purpose of enforcing these regulations
and maintaining the scientific integrity of the Texas IID program. A revocation
may be appealed to the director, Texas Department of Public Safety.
(39)
Rolling retest -- After passing the test allowing
the engine to start, the IID shall require a second test within a randomly
variable interval ranging from 5 to 15 minutes. Third and subsequent retests
shall be required at intervals not to exceed 45 minutes from the previously
requested test for the duration of the travel. See Retest set point.
(40)
Rolling retest violation -- An event, recorded in
the data storage system when the rolling retest requirement is not met.
(41)
Service center -- The physical location where the
service representatives perform their IID services. Also see Certified service
center.
(42)
Service representative -- See Certified service representative.
(43)
Startup set point -- A pre-set or pre-determined
alcohol concentration setting at which, or above, the device will prevent
the ignition of a motor vehicle from operating. That value shall be an alcohol
concentration of 0.03 g /210 liters of breath.
(44)
Suspension -- Suspension refers to the immediate
cancellation or curtailment of certification and may be applied to any certified
IID entity when, because of unreliability, incompetence, or violation of these
regulations that entity is not in compliance with the provisions stated in
these regulations or when continuance of such certification in the opinion
of the scientific director would not uphold the scientific integrity of the
IID program. A suspension can be initiated by the scientific director, IID
inspector, or designated representative of the scientific director. Prior
to appeal to the director of the Department of Public Safety, suspensions
may be set aside or sustained only after investigation by the scientific director.
The minimum period of suspension as determined by the scientific director
will be for a period of time not less than 30 days. The IID inspector or a
designated representative of the scientific director may recommend a specific
period of suspension to the scientific director.
(A)
A suspension cancels any certification issued to a suspended
inspector or service representative for a period of suspension until recertification.
During a suspension, the suspended entity is barred from providing any service
in the IID program.
(B)
A suspension curtails any certification issued to a suspended
service center for a period of suspension until recertification. During a
suspension, the suspended service center may continue to provide service to
those IID customers in existence prior to the suspension, but shall not acquire
new IID customers during the period of suspension.
(C)
To regain certification after the period of suspension
requires a written request from the suspended entity to the scientific director.
Upon receipt of the written request, the applicant will be advised of the
necessary steps to be taken in order to regain certification. Suspension will
not be considered by the scientific director to be a disciplinary action but
shall be for the purpose of maintaining the scientific integrity of the ignition
interlock program and upholding these regulations. A suspension may be appealed
to the director, Texas Department of Public Safety.
(45)
Tampering -- An overt or conscious attempt to
physically disable or otherwise disconnect the IID from its power source and
thereby allow the operator to start the engine without taking and passing
the requisite breath test. This attempt, whether successful or not, shall
be recorded in the data storage system as a violation.
(46)
Vendor -- The person or entity representing the manufacturer(s)
of an approved IID and responsible for the day-to-day operations and the continuing
certification of an IID service center. Must have manufacturer's approval
for use of a particular approved IID either through purchase or lease agreement.
May be synonymous with manufacturer's representative.
(47)
Violation -- Any of several events including but
not limited to such things as high alcohol, whether from a violation set point
or from a retest set point, a rolling retest violation, tampering or an illegal
start. These events, recorded in the data storage system, must be reported
as per appropriate judiciary requirements and which, when accumulated to a
total determined by the appropriate judiciary authority, shall enter a lockout
condition within a period not to exceed 5 days and require a violation reset.
(48)
Violation reset -- An unscheduled service of the
IID and download of the data storage system by the service center required
because an accumulation of violations has reached a number (predetermined
by appropriate judiciary authority) that generates a lockout condition. This
information shall be reported to the appropriate judiciary authority within
48 hours after the vendor becomes aware of the violation. Completion of this
service will include restoring the IID to a state that will allow the vehicle
to be started.
(49)
Violation set point -- A pre-set or pre-determined
alcohol concentration setting at which, or above, the device will record the
high alcohol result in the data storage system as a violation.
(50)
Withdrawal of approval -- Cancellation of approval
of a device; to wit, not meeting or maintaining these regulations.
§19.22.Procedure for Device Approval.
All ignition interlock devices to be used in the state pursuant to
Texas Transportation Code, Chapter 521, must be approved by model and/or class
by the office of the scientific director, Alcohol Testing Program, Texas Department
of Public Safety (hereinafter referred to as the scientific director). These
regulations and requirements apply only to IID usage in the Texas judicial
system in applications such as (but not limited to) pretrial services (bail
bond requirements), adult supervision (probation requirements) and/or occupational
licensing requirements. They are not intended to apply to or limit IID use
in a voluntary or non-adjudicated scenario such as a parent having an IID
placed on a child's motor vehicle.
(1)
The scientific director will establish and maintain a list
of approved devices by model and/or class for use in the state.
(2)
If application is made for approval of a device by
model and/or class not on the approved list, the following procedures and
standards shall apply.
(A)
A manufacturer or manufacturer's representative requesting
approval of a device must submit a production model of the device, along with
a written request for approval. It shall be the responsibility of the manufacturer
or the manufacturer's representative to incur costs of mailing or shipping
of the device to and from the department. It shall also be the responsibility
of the manufacturer or the manufacturer's representative to submit a certified
check or money order in the amount of $50 payable to the Texas Department
of Public Safety (this is an administrative approval processing fee and is
nonrefundable). In the event of non-approval, additional requests for approval
may be limited by the department. The department shall not get involved in
research and development procedures of these devices.
(B)
Accompanying each device shall be a notarized letter and/or
affidavit from a testing laboratory certifying that the submitted device by
model and/or class meets or exceeds all requirements set forth in §19.23
of this title (relating to Technical Requirements) and §19.24(a) and
(b) of this title (relating to Miscellaneous Requirements) and/or other requirements
as determined by the scientific director. This affidavit shall also include:
(i)
the name and location of the testing laboratory;
(ii)
the address and phone number of the testing laboratory;
(iii)
a description of the tests performed;
(iiii)
copies of the data and results of the testing procedures;
and
(iv)
the names and qualifications of the individuals performing
the tests.
(3)
Prior to approval of the device, the manufacturer
or the manufacturer's representative shall complete and submit an application
approval affidavit available from the scientific director. The notarized application
approval affidavit shall be signed by the manufacturer or the manufacturer's
representative. This approval affidavit shall state that the device by model
and/or class will be calibrated and maintained pursuant to these regulations
and as designated by the scientific director.
(A)
If a device is submitted for approval by a party other
than the manufacturer, the submitting party shall submit a notarized affidavit
from the manufacturer of the device certifying that the submitting party is
an authorized manufacturer's representative and that it is agreed and understood
that any action taken by the scientific director or any cost incurred in accordance
with the provisions of these regulations shall ultimately be the responsibility
of the manufacturer.
(B)
After the device is approved, in order to do business in
the Texas IID program, a manufacturer must vend through a Certified IID Service
Center as described in §19.27 of this title (relating to Certification
and Inspection of Service Centers).
(4)
An annual reevaluation of the approved IID, pursuant
to Texas Transportation Code, Chapter 521, shall be required in order for
continued approval. This reevaluation shall consider those requirements in §§19.23-19.25
of this title (relating to Technical Requirements, Miscellaneous Requirements,
and Maintenance and Calibration Requirements). The cost of this reevaluation
shall be the same as for the initial approval process noted in subsection
(b) of this section.
(5)
Annually provide to the department a written report
of each service and feature of all approved IIDs made available by the manufacturer.
(6)
The vendor shall notify the department in writing
if the certification or approval of a device that is approved for use in Texas
is or ever has been suspended, revoked or denied in another state, whether
such action occurred before or after approval in Texas. This notification
shall be made in a timely manner, not to exceed 30 days, after the vendor
has received notice of the suspension, revocation, or denial of certification
or approval of the device, whether or not the action is or has been appealed.
(7)
Nothing in these regulations shall imply that an IID
which was approved under an earlier version of these regulations is no longer
approved because of revisions to these regulations, except for legislated
requirements such as in subsection (d) of this section or changes in technology
as referred to in §19.24 (b)(2) of this title (relating to Miscellaneous
Requirements) and §19.26 (b)(2) of this title (relating to Approval,
Denial, and Withdrawal of Approval).
§19.23.Technical Requirements.
(a)
Accuracy. The startup set point value for the interlock
device shall be an alcohol concentration of 0.030 g/210 liters of breath.
The accuracy of the device shall be 0.030 g/210 liters plus or minus 0.010
g/210 liters. The accuracy will be determined by analysis of an external standard
generated by a reference sample device.
(b)
Alveolar breath sample. The device shall have a demonstrable
feature designed to assure that the breath sample that is measured is essentially
alveolar.
(c)
Precision. The device shall correlate with a known alcohol
concentration of 0.03 g/210 liters with accuracy set forth in subsection (a)
of this section. A correlation of 95% will be considered reliable precision;
95 of 100 times the device must respond to, detect, and prevent the motor
vehicle engine from operating when the operator has an alcohol concentration
of 0.03 g/210 liters or greater, or any other limits as set by the scientific
director.
(1)
The proportion of false positive results shall not exceed
5.0%.
(2)
The proportion of false negative and uncertain results
shall not exceed 5.0%.
(d)
Specificity. A test of alcohol-free samples shall not yield
a positive result. Endogenously produced substances capable of being present
in the breath shall not yield or significantly contribute to positive results.
(e)
Temperature. The device shall meet the requirements of
subsections (a) and (c) of this section when used at ambient temperatures
of -20 degrees Celsius to 83 degrees Celsius or other limits as set by the
scientific director.
(f)
Rolling retest. To thwart curbside assistance, after passing
the test allowing the engine to start, the IID shall require a second test
within a randomly variable interval ranging from 5 to 15 minutes. Third and
subsequent retests shall be required at intervals not to exceed 45 minutes
from the previously requested test for the duration of the travel. During
the rolling retest, the retest set point shall be the same as or with appropriate
judiciary order, as much as 0.02 higher than the startup set point. In order
to alert the driver that a retest is to be required, a 3 minute warning light
and/or tone shall come on. The driver will then have 3 minutes to retest.
If the engine is intentionally or accidentally shutdown after or during the
3 minute warning but before retesting, the retest clock shall not be reset.
Retesting takes priority over free restarts (see §19.21(20)) of this
title (relating to Explanation of Terms and Actions). Free restart shall not
be operative when the IID is awaiting a rolling retest. The failure to take
a retest shall be recorded in the data storage system as a violation.
(g)
Vibrational stability. The device shall meet the requirements
of subsections (a) and (c) of this section when subjected to simple harmonic
motion having an amplitude of 0.38mm (0.015 inches) applied initially at a
frequency of 10 Hz and increased at a uniform rate to 30 Hz in 2 1/2 minutes,
then decreased at a uniform rate to 10 Hz in 2 1/2 minutes. The device shall
also meet the requirements to simple harmonic motion having an amplitude of
0.19mm (0.0075 inches) applied initially at a frequency of 30 Hz and increased
at a uniform rate to 60 Hz in 2 1/2 minutes, then decreased at a uniform rate
to 30 Hz in 2 1/2 minutes.
§19.24.Miscellaneous Requirements.
(a)
Anticircumvention. The device shall be designed so that
anticircumvention features will be difficult to bypass.
(1)
Anticircumvention provisions shall include, but not be
limited to, prevention or preservation of evidence of cheating by attempting
to use bogus or filtered breath samples or bypassing the breath sampling requirements
of the device electronically.
(2)
The device may use special seals or other methods
that record attempts to bypass anticircumvention provisions.
(3)
The device shall be checked for evidence of tampering
at least once every other month or more frequently if the need arises.
(4)
When evidence of tampering is discovered, the appropriate
judiciary authority shall be notified in writing and these records shall be
made available upon request to the scientific director.
(b)
Operational features.
(1)
The device shall be designed to permit a free restart of
a motor vehicle's ignition within two minutes after the ignition has been
shut off, without requiring a further alcohol analysis. The free restart function
shall be checked during each routine inspection.
(2)
The device shall also automatically purge alcohol
before allowing subsequent analyses. In addition to the operational features
of these regulations, the scientific director may impose additional requirements,
as needed, depending upon design and functional changes in device technology.
(3)
The device shall have a data storage system of sufficient
capacity to facilitate the recording and maintaining of all daily driving
activities for the period of time elapsed from one maintenance and calibration
check (as referred to in §19.25 (a)) of this title (relating to Maintenance
and Calibration Requirements) to the next.
(c)
Product liability. The manufacturer of the device shall
carry liability insurance covering product liability, including coverage in
Texas with a minimum policy limit of $1 million.
(d)
Product warranty. The manufacturer shall provide a warranty
of performance to ensure responsibility for support for service within a maximum
of 48 hours after notification of a reported malfunction. This support shall
be in effect during the period the device is required to be installed in a
motor vehicle.
(e)
Modifications. Once a device by model and/or class has
been approved, no modification in design or operational concept may be made
without prior written consent of the scientific director. This does not include
replacement or substitution of repair parts to maintain the device nor software
changes that do not modify the operational concept of the device.
(f)
Warning label. A warning label containing the following
language shall be affixed to each device: "Any individual tampering, circumventing,
or misusing this device shall be subject to prosecution and/or civil liability."
(g)
Safety. The device shall be designed to comply with generally
recognized safety requirements.
(h)
Specification and operating instructions. Manufacturers
shall provide to the department with each device submitted for approval, a
precise set of specifications, which describe the features of the device concerned
in the evaluation of its performance. A set of detailed operating instructions
shall be supplied with each device.
(i)
Product indemnity. The manufacturer shall provide a signed
statement that the manufacturer shall indemnify and hold harmless the state
of Texas, the department and its officers, employees, and agents from all
claims, demands, and actions, as a result of damage or injury to persons or
property which may arise, directly or indirectly, out of any act or omission
by the manufacturer or their representative relating to the installation,
service, repair, use and/or removal of an IID.
(j)
General. Any other requirements as may be determined necessary
by the scientific director to ensure that the device functions properly and
reliably.
§19.25.Maintenance and Calibration Requirements.
(a)
The device shall be inspected, maintained, and calibrated
for accuracy and operational performance at least once every other month and
more frequently, if necessary, as specified by the appropriate judiciary authority
or the scientific director. This maintenance and calibration check will be
performed by a certified IID service center as described in §19.27 of
this title (relating to Certification and Inspection of Service Centers).
(b)
The maintenance and calibration check will consist of,
but not be limited to, a check of the device to determine that the device
is properly functioning in accordance with the following sections:
(1)
accuracy -- §19.23(a) of this title (relating to Technical
Requirements);
(A)
The device shall be calibrated before placing into service.
(B)
Upon return to the service center for any reason, the device
shall be subjected to a calibration confirmation.
(i)
The data storage system entry described in subsection (b)(1)(B)
of this section shall be unique to indicate a simulated result, not an actual
breath sample.
(ii)
Should the device fail the calibration confirmation referred
to in subsection (b)(1)(B) of this section, that information shall be forwarded,
with sufficient explanation to the appropriate judiciary authority.
(2)
anticircumvention -- §19.24(a) of this
title (relating to Miscellaneous Requirements); and
(3)
operational features -- §19.24(b) of this title
(relating to Miscellaneous Requirements).
(c)
Documentation and records of periodic checks shall be maintained
by the manufacturer, the manufacturer's representative, and/or the vendor
and shall be provided upon request to the office of the scientific director
and/or any appropriate judiciary authority.
(d)
If, at any time of routine inspection, or at any other
time, the device fails to meet the provisions of this section, the device
shall be removed from service or calibrated and/or repaired, and the vendor
or manufacturer's representative shall notify, in writing, the appropriate
judiciary authority and these records shall be made available upon request
to the scientific director.
(e)
A manufacturer shall be responsible for providing continuing
service by a certified service center during the installation period, without
interruption, should a certified service center go out of business or be revoked.
(1)
If the out of business or revoked service center is being
replaced, the manufacturer shall make all reasonable efforts to obtain participant
records and data from a certified service center being replaced and provide
them to the new service center.
(2)
If the out of business or revoked service center is
not replaced, the manufacturer shall retain the records and data as required
in subsection (e)(1) of this section.
(A)
The manufacturer shall be responsible for, and shall bear
the cost of, removal of the original IID and replacement with another approved
IID, regardless of the manufacturer of the device being substituted, if another
manufacturer's device is available. The manufacturer shall also determine
that each participant with an existing, installed IID is able to obtain the
required service within a similar distance, no more than 25 miles further
than previously, of the participant's residence or place of business.
(B)
The manufacturer shall make every reasonable effort to
notify all participants of the change of the certified service center or replacement
of the device 30 days before the change or replacement will occur, or as soon
as is possible.
(3)
If neither subsection (e)(1) nor subsection (e)(2)
of this section can be accomplished, the manufacturer shall be responsible
for notifying the clients and the appropriate judiciary authority that service
will be terminated within 60 days, and then removing the devices at no cost
to the clients in question.
§19.26.Approval, Denial, and Withdrawal of Approval.
(a)
Upon proof of compliance with these regulations, and ignition
interlock device will be approved by brand and/or model and will be placed
on a list of approved devices. Notification of approval shall be made in writing
to the manufacturer. It will be the responsibility of the manufacturer to
provide proof that each individual device installed in any motor vehicle meets
or exceeds the minimum standards of these regulations and is the same model
and/or class approved by the scientific director. It will further be the responsibility
of the manufacturer to provide expert or other required testimony in any civil
or criminal proceedings as to the method of manufacture of the device, how
said device functions, and the testing protocol by which the device was approved.
In the event it should become necessary for the scientific director to provide
testimony in any civil or criminal procedures involving the approval or use
of the device, the manufacturer shall reimburse the department for any costs
incurred in providing such testimony. Failure to provide this reimbursement
shall result in withdrawal of approval for the device.
(b)
The approval of a device may be denied or withdrawn by
the scientific director if:
(1)
the device, entity, or person fails to meet the requirement
for approval under the Texas ignition interlock device regulations; or
(2)
changes in IID technology are such that continued
approval of the device would, as determined by the department, not be in the
best interest of the state of Texas.
(c)
The denial or withdrawal of an approval may be appealed
to the director, Texas Department of Public Safety.
§19.27.Certification and Inspection of Service Centers.
(a)
All IID service centers conducting business in this state,
whether fixed site or mobile, must have the approval of and be certified by
the scientific director.
(b)
To initiate certification for an IID service center, a
vendor or the IID manufacturer's representative shall submit an application
to the scientific director for approval. The application, available from the
scientific director, shall show the brand and/or model of the ignition interlock
device(s) to be merchandised, the reference sample device to be used, and
a list of qualified service representatives that are or will be certified.
Only IIDs listed on the approved list referenced in §19.22(1) of this
title (relating to Procedure for Device Approval) may be merchandised. A vendor
applying for certification of an IID service center must agree to:
(1)
allow access for inspection under subsection (d) of this
section,
(2)
comply with subsection (g) of this section,
(3)
comply with subsection (c) of §19.24 of this
title (relating to Miscellaneous Requirements) concerning product liability
and liability insurance requirements, and
(4)
comply with subsection (d) of §19.24 of this
title (relating to Miscellaneous Requirements) concerning product warranty
and support of service requirements.
(c)
All IID testing techniques, in order to be approved, shall
meet, but not be limited to, the following:
(1)
Services rendered by the IID service center must be performed
by a certified service representative.
(2)
The service center must incorporate the use of analysis
of a reference sample such as headspace gas from a mixture of water and a
known weight of alcohol at a known temperature, the results of which must
agree with the reference sample predicted value within plus or minus 0.01g/210L,
or other methodologies that may be approved by the scientific director. This
reference analysis shall be performed in conjunction with all calibration
confirmations and/or checks. Preparatory documentation (such as certificate
of analysis) on the reference sample solution(s) shall be available to the
scientific director. Only reference sample devices from the approved list
maintained by the scientific director may be used in certified IID operations.
(3)
All analytical results shall be expressed in grams
of alcohol per 210 liters of breath (g/210L).
(4)
The applicant must agree to maintain any specified
records designated by the scientific director; including but not limited to:
(A)
submitting violation(s) if any, of any court order to the
appropriate judiciary authority, not later than 48 hours after the vendor
discovers the violation,
(B)
maintaining complete records of each device installation
for five years from the date of the installation,
(C)
making IID records available, either by inspection or via
copy to any appropriate judiciary authority and upon request to the scientific
director.
(5)
All anticircumvention features must be activated
on any installed IID.
(6)
The device must be installed and inspected in accordance
with any applicable court order.
(d)
The scientific director, an IID inspector, or a designated
representative may at any time make an inspection of the certified IID service
center to assure compliance with these regulations.
(e)
A designated custodian of records, when required, shall
be provided by the vendor to testify in court and provide testimony concerning
the interpretation of any data storage system records, as required by these
courts and to answer questions concerning certification of the IID program.
(f)
Upon proof of compliance with subsections (a)-(c) of this
section, certification will be issued by the scientific director. Issuance
of a certificate to the service center shall be evidence that the service
center meets all necessary criteria for approval and certification.
(g)
Certification of any IID testing program is contingent
upon the applicant's agreement to conform and abide by any directives, orders,
or policies issued or to be issued by the scientific director regarding any
aspect of the IID service center; this shall include, but not be limited to,
the following:
(1)
program administration;
(2)
reports;
(3)
records and forms;
(4)
inspections;
(5)
methods of operations and testing techniques;
(6)
personnel training and qualifications;
(7)
criminal history considerations for service representatives;
and
(8)
records custodian.
(h)
Each service center currently doing business on the effective
date of these regulations, will have ninety days to apply for and meet the
requirements of service center certification, the department's capacity to
conduct the certification process not withstanding.
(i)
Certification of an IID service center may be denied, withdrawn,
inactivated, suspended, or revoked by the scientific director if a vendor,
service center, service representative, or IID equipment fails to meet all
criteria stated in this section, or if the vendor violates any law of this
state that applies to the vendor. An IID service center whose certification
has been denied, suspended or revoked may appeal such action in writing to
the director, Texas Department of Public Safety, who will decide whether the
action of the scientific director will be affirmed or set aside. The director
may reinstate certification of the IID service center making the appeal under
such conditions deemed necessary and notify the scientific director in writing.
§19.28.Service Representative.
(a)
Initial certification.
(1)
In order to apply for certification as a service representative
of an ignition interlock device service center, an applicant must successfully
attain the following:
(A)
proof of employment by an ignition interlock device service
center that meets the requirements set forth in §19.27 of this title
(relating to Certification and Inspection of Service Centers); and
(B)
documentation from the aforementioned employer that the
applicant is currently trained in all necessary aspects of the specific IIDs
involved in the vendors service center.
(C)
If a service representative is certified to work with a
specific brand and/or model of equipment and is required to be certified on
an additional brand and/or model of equipment, the scientific director may
waive portions of subsection (a)(1)(B) of this section and require only that
instruction needed to acquaint the applicant with proper operation of the
new brand and/or model of equipment.
(2)
Prior to initial certification as a service representative
of an ignition interlock device service center, an applicant must satisfactorily
complete a written examination which shall cover the regulatory aspects of
the Texas IID Program.
(A)
Failure of the initial written examination will cause the
applicant to be ineligible for reexamination for a period of 30 days.
(B)
A subsequent failure will be handled the same as an initial
failure.
(3)
Persons who are convicted felons or who have
been convicted of a theft, DWI, or a crime of moral turpitude; or adjudicated
to community supervision for a felony, theft, DWI, or a crime of moral turpitude
shall not be eligible to be a certified service representative.
(4)
The department, with advance notice to IID vendors,
may impose additional requirements for service representative certification
should the need be warranted.
(5)
Upon successful completion of the requirements for
initial certification, the scientific director will issue the individual a
service representative's certificate valid for a specific, approved IID(s),
and for a period of time designated by the scientific director unless inactivated,
suspended, or revoked.
(b)
Renewal of current certification. The service representative
is required to renew certification prior to its expiration date. The minimum
requirement for renewal of service representative certification will be:
(1)
a biennial written acknowledgement from the service representative's
employing IID vendor that this service representative is both;
(A)
employed by the vendor in the capacity of a service representative,
and
(B)
currently trained in all necessary aspects of the IIDs
involved in the vendor's service center.
(2)
a biennial written acknowledgement from the service
representative that he or she still meets the requirement of subsection (a)(3)
of this section.
(3)
Renewal of certification will be denied and current
certification will be inactivated when the service representative:
(A)
fails to furnish proper documentation required in subsections
(b)(1)(A) and (B) of this section, or
(B)
fails to meet the requirements of subsection (a)(3) of
this section.
(4)
Upon successful completion of the requirements
for renewal of certification, the scientific director will issue the individual
a service representative's certificate valid for a specific, approved IID(s)
and for a period of time designated by the scientific director or until next
renewal unless inactivated, suspended, or revoked.
(5)
Each service representative currently doing business
on the effective date of these regulations, will have ninety days to apply
for and meet the requirements of service representative certification, the
department's capacity to conduct the certification process not withstanding.
(c)
Recertification. Certification that has been inactivated,
suspended, or revoked must be regained before IID service representative work
can be resumed. It will be the responsibility of the inactivated, suspended,
or revoked service representative to notify the scientific director in writing
of such intent. This notification shall be submitted in close proximity to
the completion of any mandatory waiting period imposed under certification
cancellation. An IID service representative whose certification has been suspended
or revoked may appeal such action in writing to the director, Texas Department
of Public Safety, who will decide whether the action of the scientific director
will be affirmed or set aside. The director may reinstate certification of
the IID service representative making such appeal under such conditions deemed
necessary and notify the scientific director in writing.
(d)
Recertification shall take place pursuant to all the requirements
of subsection (b) of this section.
§19.29.Ignition Interlock Device Inspector.
(a)
The minimum qualifications for certification as an IID
inspector are:
(1)
meeting the formal education and training requirements
of Subchapter A, §19.5 of this title (relating to Technical Supervisor
Certification), and
(2)
the satisfactory completion of IID inspector examination
that is approved by the scientific director, the content of which shall include,
but not be limited to familiarity with:
(A)
record keeping appropriate to approved IIDs in use in the
state of Texas;
(B)
operational principles and theories applicable to the program;
and
(C)
legal aspects of the IID program.
(3)
Knowledge and understanding of the scientific
theory and principles as to the operation of the IID and reference sample
device.
(4)
Persons who are currently engaged in business with
or employed by an IID manufacturer or an IID vendor shall not be eligible
to become a certified IID inspector.
(5)
Persons who have been convicted of a felony, theft,
or a crime of moral turpitude or who are currently adjudicated to community
supervision for a felony, theft, DWI, or a crime of moral turpitude shall
not be eligible to become a certified IID inspector.
(6)
The department, with advance notice, may impose additional
requirements for IID inspector certification should the need be warranted.
(b)
Certification.
(1)
Upon satisfactory proof to the scientific director by the
applicant that the minimum qualifications set forth in subsection (a) of this
section have been met, the scientific director will issue certification that
will be valid for a period of time designated by the scientific director or
until next renewal unless inactivated, suspended, or revoked for cause.
(2)
IID inspector certification may be voluntarily inactivated
when it is no longer needed or automatically if the IID inspector fails to
maintain the requirements set forth in subsection (a)(4) of this section.
(3)
IID inspector certification may be suspended or revoked
only by the scientific director for malfeasance, falsely or deceitfully obtaining
certification, or failure to carry out the responsibilities set forth in these
regulations.
(4)
An IID inspector whose certification has been suspended
or revoked may appeal such action in writing to the director, Texas Department
of Public Safety, who will decide whether the action of the scientific director
will be affirmed or set aside. The director may reinstate certification of
the IID inspector making such appeal under such conditions deemed necessary
and notify the scientific director in writing.
(c)
Certificate. The issuance of a certificate to the IID inspector
shall be evidence that the IID inspector has met the requirements for certification.
(d)
Duties. A certified IID inspector will make an onsite inspection
of each service center as needed. Such an inspection will include but not
be limited to:
(1)
Any and all IID technical requirements as per §19.23
of this title (relating to Technical Requirements).
(2)
Any and all IID miscellaneous requirements as per §19.24
of this title (relating to Miscellaneous Requirements).
(3)
Any and all IID maintenance and calibration requirements
as per §19.25 of this title (relating to Maintenance and Calibration
Requirements).
(4)
Any and all service center requirements as per §19.27
of this title (relating to Certification and Inspection of Service Centers).
(5)
Any and all service representative requirements as
per §19.28 of this title (relating to Service Representative).
(e)
Costs. Vendors shall reimburse the department for the reasonable
cost of conducting each inspection of the vendor's facilities under this section.
(1)
The optimal number of inspections per certified service
center per year shall be two.
(2)
The minimal number of inspections per certified service
center per year shall be one.
(3)
The department may conduct more inspections for cause,
such as complaints from judicial, adult supervision, or clients at additional
cost to the service center being inspected.
(4)
The calculated cost per inspection will be standardized
throughout the IID program unless there are individual vendor circumstances
that require additional costs to the department and will consequently be passed
through to the affected vendor(s).
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 February 29, 2000.
TRD-200001531
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-2135
Chapter 343.
STANDARDS FOR JUVENILE PRE-ADJUDICATION SECURE DETENTION FACILITIES
37 TAC §343.8
The Texas Juvenile Probation Commission proposes an amendment
to §343.8, concerning single and multiple occupancy sleeping units. The
amendment is being proposed in an effort to alleviate some of the problems
associated with overcrowding in detention facilities while maintaining certain
space and supervision requirements.
Scott Friedman, Director of Field Services, has determined that for the
first five year period the amendments are in effect, there will be no fiscal
implications for state or local government or small businesses as a result
of enforcement or implementation.
Mr. Friedman has also determined that for each year of the first five years
the amendment is in effect, the public benefit expected as a result of enforcement
or implementation will be primarily cost savings in construction of detention
facilities and an increase in approved population capacity. There will be
no impact on small business or individuals as a result of the amendments.
Public comments on the proposed amendments may be submitted to Kristy M.
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
The amendment is proposed under Texas Human Resources Code §141.042,
which provides the Texas Juvenile Probation Commission with the authority
to adopt reasonable rules that provide minimum standards for juvenile boards
and that are necessary to provide adequate and effective probation services.
No other rule or standard is affect by these amendments.
§343.8.Physical Plant.
(a)
(No change).
(b)
The following standards shall apply to all detention facilities
except for hold over detention facilities.
(1)
Sleeping units. [
(A)
Single Occupancy Sleeping Units. Sleeping
rooms shall be utilized as single occupancy, except for all juvenile detention
facilities designed for multiple occupancy. Sleeping rooms shall have a minimum
ceiling height of seven and one-half feet and a minimum of 60 square feet
of floor space. Juveniles held in sleeping rooms shall have access to a toilet
above floor level, a wash basin, drinking water, running water, and a bed
above floor level. There shall be separate sleeping rooms for male and female
juveniles.
(B)
Multiple Occupancy Sleeping
Units.
(i)
The capacity of multiple occupancy sleeping
units shall not exceed twenty-five per cent of the TJPC total rated bed capacity
of the facility. No fewer than four nor more than eight juveniles shall be
housed in each multiple occupancy sleeping unit. Separate units shall be provided
for male and female residents.
(ii)
Multiple occupancy sleeping units shall have
a minimum ceiling height of seven and one half feet with a minimum of thirty-five
square feet of floor space per resident.
(iii)
Juveniles held in multiple occupancy sleeping
units shall have immediate access to a toilet (ratio of one toilet per four
juveniles), a wash basin (ratio of one wash basin per four juveniles), drinking
water, and a bed above floor level. Bunk beds are not allowed.
(iv)
Juveniles are not to be admitted to multiple
occupancy sleeping units directly from the intake process. Classification,
screening, and behavioral observation must occur for 24 hours before the decision
is made to admit the juvenile to a multiple occupancy sleeping unit.
(v)
Juveniles in multiple occupancy sleeping units
shall be under constant personal visual supervision by a detention officer.
(2) - (7)
(No change).
(8)
Common
activity
area. Total
common
activity area
[
(9) - (12)
(No change).
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 February 28, 2000.
TRD-200001503
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-6710
37 TAC §343.9
The Texas Juvenile Probation Commission proposes amendments
to §343.9, concerning security and control in juvenile pre-adjudication
secure detention facilities. The amendments are being proposed in an effort
to alleviate some of the problems associated with overcrowding in detention
facilities while maintaining certain space and supervision requirements and
to clarify reporting requirements regarding special incidents in juvenile
pre-adjudication secure detention facilities.
Scott Friedman, Director of Field Services, has determined that for the
first five year period the amendments and new section are in effect, there
will be no fiscal implications for state or local government as a result of
enforcement.
Mr. Friedman has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
enforcing the amendments will be improved reporting of special incidents in
secure juvenile facilities and increased accountability in the juvenile justice
system. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the amendments as
proposed.
Comments on the proposed amendments may be submitted to Kristy M. Carr
at the Texas Juvenile Probation Commission, P. O. Box 13547, Austin, Texas
78711.
The amendments are proposed under Texas Human Resource Code §141.042,
which provides the Texas Juvenile Probation Commission with the authority
to adopt reasonable rules that provide minimum standards for juvenile boards
and that are necessary to provide adequate and effective probation services.
No other code or article is affected by the amendment.
§343.9.Security and Control.
(a)
Written policy and procedure and practice of the following
standards shall apply to all detention facilities.
(1) - (2)
(No change.)
(3)
Special Incidents. All special incidents including,
but not limited to the taking of hostages, escapes, assaults, staff use of
restraint devices, chemical agents, and physical force shall be reported in
writing to the Administrative Officer. A copy of the report is placed in the
permanent file of the juvenile concerned.
Written procedure shall designate
persons or officials at the local level, as deemed appropriate by the juvenile
board, to whom notice of special incidents shall be provided.
(4) - (7)
(No change.)
(b)
(No change.)
(c)
Written policy, procedure and
practice of the following standards shall apply to all detention facilities
that utilized multiple occupancy sleeping units.
(1)
Classification Plan. Facilities with multiple
occupancy sleeping units shall have a classification plan that determines
how juveniles are grouped in said units. Juveniles shall be classified for
grouping by age, gender, offense, behavior, and special conditions approved
by TJPC.
(2)
Screening Plan. Juveniles shall be psychologically,
medically, and behaviorally screened prior to placement in a multiple occupancy
sleeping unit. Juveniles with the following indicators shall not be allowed
admittance to multiple occupancy sleeping units:
(A)
Medical illness
(B)
Mental illness
(C)
Mental retardation
(D)
Sex offenders
(E)
Exploitive, victimizing behavior
(F)
Violent, explosive, assaultive behavior
(G)
Suicidal/self abusive
(H)
Chronic detention rule violators; or
(I)
Any other behavior or condition which could
impose a threat to self or others safety and health.
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 February 28, 2000.
TRD-200001505
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-6710
37 TAC §344.8
The Texas Juvenile Probation Commission proposes amendments
to §344.8, concerning security and control in juvenile post-adjudication
secure correctional facilities. The amendment is being proposed in an effort
to clarify reporting requirements regarding special incidents in juvenile
post-adjudication secure correctional facilities.
Scott Friedman, Director of Field Services, has determined that for the
first five year period the amendments are in effect, there will be no fiscal
implications for state or local government as a result of enforcement.
Mr. Friedman has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
enforcing the amendments will be improved reporting of special incidents in
secure juvenile facilities and increased accountability in the juvenile justice
system. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the amendments as
proposed.
Comments on the proposed amendments may be submitted to Kristy M. Carr
at the Texas Juvenile Probation Commission, P. O. Box 13547, Austin, Texas
78711.
The amendments are proposed under Texas Human Resource Code §141.042,
which provides the Texas Juvenile Probation Commission with the authority
to adopt reasonable rules that provide minimum standards for juvenile boards
and that are necessary to provide adequate and effective probation services.
No other code or article is affected by the amendment.
§344.8.Security and Control.
(a) - (b)
(No change.)
(c)
Special Incidents. Written policy, procedure, and practice
shall ensure that all special incidents including, but not limited to, the
taking of hostages, escapes, assaults, staff use of restraint devices and
physical force shall be reported in writing to the administrative officer.
A copy of the report shall be placed in the file of the resident(s) involved
in the incident.
Written procedure shall designate persons or officials
at the local level, as deemed appropriate by the juvenile board, to whom notice
of special incidents shall be provided.
(d) - (k)
(No change.)
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 February 28, 2000.
TRD-200001506
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 424-6710
Subchapter A. INTAKE, INVESTIGATION, AND ASSESSMENT
(a)
]
(b)
(1)
(2)
process for hiring new employees for
] the Texas Department of Public Safety is [
designed
] to
assure
that initial employment and career advancement within the department
is based upon
:
and
]proficiency
, and
morale through an effective career program
.
screening
] procedures for
entry level law enforcement positions
[
the position of trooper
] are set into motion as dates for recruit schools
are scheduled. The recruiting efforts for this position are an ongoing process[
while other entry level positions are posted for public view as vacancies
occur
].
Recruiting efforts and selection procedures for other entry
level positions are set into motion as needed or as vacancies occur.
Personnel
] Bureau, 5805 North Lamar Boulevard,
P.O. Box 4087, Austin, Texas
78773-0251
[
78773-0001
],
(512)
424-5901
[
483-5901
], who has been designated to
coordinate ADA compliance efforts.
Subchapter K. INSCRIPTION ON VEHICLES
Civil Statutes, Article 6701m-1, because of their use in police and administrative
activity. Such exempted
] vehicles
that
will be routinely
used by personnel
involved in confidential, legal, and personnel investigations
which require that
personnel go undetected in order
[
they
be able
]to accomplish the task[
undetected
].
Chapter 15.
DRIVERS LICENSE RULES
This would include a valid passport issued by a foreign country
with a valid United States visa;
]
or
] the District of Columbia
, or Canadian
province
; or,
satisfactory to the
department. There are three categories of documents that may be presented
to establish that acceptable proof of identity.
]
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(2)
(A)
(B)
(C)
(D)
(i)
(ii)
(3)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
(O)
(P)
(Q)
(4)
(A)
(B)
Chapter 16.
COMMERCIAL DRIVER'S LICENSE
or
]
(F)
runs over parking standards on the parallel
parking test;
]
Subchapter C. CHANGE OF LICENSE STATUS, RENEWALS, SURRENDER OF LICENSE, FEES
Subchapter D. SANCTIONS AND DISQUALIFICATIONS
suspended
] for an offense committed in a noncommercial motor
vehicle (CMV), that person is eligible to receive an occupational license
to operate [
both CMV's and
]non-CMV's
only
. [
If
a person's driver's license is suspended under Texas Transportation Code,
Chapter 521, Texas Transportation Code, Chapter 524 or Texas Transportation
Code, Chapter 724 and that person is also disqualified from driving a CMV
under Texas Transportation Code, Chapter 522, and if that person is eligible
to receive an occupational license under Texas Transportation Code, §§521.241-521.251
it will be restricted to driving non-CMV's only.
]
Chapter 18.
DRIVER EDUCATION
(2)
] Laboratory, behind-the-wheel,
and in-car instruction -- have the same meaning and may be used interchangeably.
(3)
] Licensed driver -- refers
to a person who holds a valid Texas driver license of any class which is not
suspended (including probated suspensions), canceled, denied, revoked, or
disqualified. This also includes active United States military personnel and
their spouses who hold a valid license from their state of permanent residence
or last duty station.
(4)
] TEA -- refers to the
Texas Education Agency or Central Education Agency.
Subchapter B. PARENT TAUGHT DRIVER EDUCATION
Request for a Driver Education Packet.
]Prior
to teaching a department approved course,
an instructor
[
a parent or legal guardian
]must send a completed Request for
Parent Taught
Driver Education Packet form with a non-refundable fee
which is set by the department to satisfy the cost of preparing the materials,
shipping, and applicable taxes. The request will be sent to the
License
Issuance
[
General Services
]Bureau of the Texas Department
of Public Safety. Upon receipt of the request, a
Parent Taught
Driver Education Packet will be mailed to the address given on the request
form.[
This packet will contain the following:
]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
applicant
]will be
required
[
instructed
] to designate the local Driver License
office where tests will be administered. A numbered Texas Driver Education
Certificate, form DE-964, will be forwarded to that office and will be available
for the
instructor
[
parent/instructor
] to complete the
required sections upon completion of each phase of the training.
THE PACKET SPECIFIED IN SUBSECTION (a)
OF THIS SECTION DOES NOT CONTAIN ALL REQUIRED MATERIALS (i.e., TEXTBOOKS)
NECESSARY TO PROVIDE THE DRIVER TRAINING COURSE. IT IS THE RESPONSIBILITY
OF THE PARENT OR LEGAL GUARDIAN TO OBTAIN THESE ITEMS AS NECESSARY. POSSIBLE
SOURCES WILL INCLUDE SOMEONE ON THE RESOURCE LIST, AN EDUCATION SERVICE CENTER,
OR A PUBLIC LIBRARY. ANY COSTS FOR THESE ADDITIONAL MATERIALS ARE THE RESPONSIBILITY
OF THE PARENT OR LEGAL GUARDIAN.
]
a parent or legal guardian
]has taught the required hours of either the block or concurrent classroom
phase of a driver education program, the
instructor
[
parent
or guardian
] and the
student must
[
applicant may
]
make application for an instruction permit at the Driver License office indicated
on the Request for Driver Education Packet form. When making application,
the following items must be presented:
(included in packet)
];
(included in packet)
];
parent
] indicating that the student has completed the classroom phase
of the course or is taking the course in the concurrent mode. The remaining
portion of the form will be filed in the office until completion of the course.
The student will pay the required application fee and be given the vision,
Class C-Road Signs, and Class C-Road Rules tests. Documentation will be returned
to the applicant. If the applicant passes the tests, an instruction permit
will be issued. Applicants have three opportunities to pass each test or a
maximum of 90 days to successfully pass all tests. Failure to do so will result
in loss of the application fee. A new fee will then be required.
a parent
] may begin in-car instruction. The
curriculum must be followed
with a minimum of 7 hours behind-the-wheel
instruction and 7 hours supervised practice
[
and all required
]
instruction given. Upon completion of all course material, classroom and behind-the-wheel,
the
instructor must
[
parent/instructor should
] apply
to the same Driver License office where the DE-964 form is filed. To obtain
an unrestricted driver's license the student must have reached his 16th birthday
and must provide the following at a Driver License office:
parental driver education affidavit
];
complete
] student
instruction record;
TEA certificate of
enrollment or equivalent.
]
parent/instructor
] indicating successful completion
of the course. The department copy and the TEA copy of the form will be surrendered
to the department. The school copy and the insurance copy of the form will
be given to the applicant. Once this is completed the "B" restriction will
be removed.
Completion of the ]Texas Driver Education Certificate.
(a)
]
When
a student successfully completes the required classroom hours of instruction,
a Driver License Service employee will provide the proper certificate to the
parent and will assist the parent in completing the bottom portion of the
certificate, FOR INSTRUCTION PERMIT ONLY, at the Driver License office. The
department copy will be submitted with the driver's license application. The
remainder of the certificate will be refiled at the Driver License office
for later use. When the course is successfully completed, the remainder of
the DE-964 will be used to certify the completion. The top portion of the
certificate, FOR DRIVER'S LICENSE ONLY, will be completed and the department
copy and the TEA copy of the certificate will be surrendered with all other
documentation necessary for issuance of an unrestricted license. The insurance
and school copies of the certificate will be given to the parent or guardian
for their records.
]
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Subchapter C. DEPARTMENT APPROVED DRIVER EDUCATION COURSES
§521.205
], provides the department may not approve a course
unless it determines that the course materials are at least equal to those
required in a course approved by the
Texas
[
Central
]
Education Agency. To be approved, a course must contain a minimum of the units.
(d)
(e)
Inspection and Planning,
]
Texas Department of Public Safety, Box 4087, Austin, Texas
78772-0316
[
78773-0001
], Attention:
Parent Taught Driver Education
Section
[
Driver License Inspectors
].
Driver
Education Curriculum Model for Parents and Legal Guardians, and the
]TEA
Driver Education Classroom and In-Car Instruction Curriculum Guide, the course
will be approved
. The
[
and the
]course name and address
for ordering materials will be added to the approved list
, included in
the Parent Taught Driver Education Packet,
which will be made available
upon request [
to the department in the Driver Education Materials Packet
available
] from the Department of Public Safety,
License Issuance
[
General Services
] Bureau.
Changes in course name,
address or telephone number will be made by the department, upon written notification,
at the next printing of the Parent Taught Driver Education Packet.
Notification
of approval or disapproval will be sent to the entity. In cases of disapproval,
deficiencies will be noted. Any subsequent change in the course curriculum
or materials will require submission for approval as stated in subsection
(a) of this section.
Chapter 19.
BREATH ALCOHOL TESTING REGULATIONS
Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Sleeping rooms shall be utilized
as single occupancy, except for all juvenile detention facilities designed
for multiple occupancy, and operating as such, prior to September 1, 1996.
Sleeping rooms shall have a minimum ceiling height of seven and one-half feet
and a minimum of 60 square feet of floor space. Juveniles held in sleeping
rooms shall have access to a toilet above floor level, a wash basin, drinking
water, running water, and a bed above floor level. There shall be separate
sleeping rooms for male and female juveniles.
]
space for day rooms, classrooms, dining rooms, and
recreation rooms
] shall encompass no less than 100 square feet
of floor space
per juvenile.
Common activity areas are defined
as areas to which juveniles have access and in which activities are conducted.
These areas include but are not limited to dayrooms, dining rooms, covered
recreation areas, recreation rooms, education rooms, counseling rooms, testing
rooms, visitation areas, and medical or dental rooms.
Chapter 344.
STANDARDS FOR JUVENILE POST-ADJUDICATION SECURE CORRECTIONAL FACILITIES
Chapter 349.
STANDARDS FOR CHILD ABUSE AND NEGLECT INVESTIGATIONS IN SECURE JUVENILE FACILITIES