Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 5.
CRIMINAL LAW ENFORCEMENT
Subchapter B. REPORTING PROPERTY CRIMES AGAINST THE ELDERLY
37 TAC §§5.11 - 5.16
The Texas Department of Public Safety (DPS) adopts new Chapter
5, Subchapter B, §§5.11-5.16, concerning Reporting Property Crimes
Against the Elderly without changes to the proposed text as published in the
September 14, 2001, issue of the
Texas Register
(26 TexReg 7068).
The new sections are necessary due to the passage of Tex. H.B. 195, Acts
2001, 77th Leg., R.S., ch. 789, §1. The new sections promulgate the policies
and procedures requiring local law enforcement agencies to submit a copy of
their investigation reports where an elderly person is the victim of a property
crime.
No formal comments were received by the department through December 31,
2001. However, the department previously solicited informal drafting comments
from all local law enforcement agencies as contemplated rule-making before
the rules were formally proposed. Written comments were received from the
Abilene Police Department and the Beaumont Police Department during the earlier
contemplated rule-making stage. Written comments have also been received from
numerous law enforcement agencies requesting notification about the contents
of the new rules when adopted and requesting a copy of the rules as finally
adopted. The department will respond appropriately. The substantive informal
comments as well as the department's responses are summarized below.
COMMENT: The proposed rules should only apply to 'mobile or traveling suspects,
not every local suspect who acts against a single victim.'
RESPONSE: The law being implemented by the proposed rules (Texas Government
Code, §411.051) does not make this distinction. The department is aware
of the underlying logic of the comment and will endeavor to avoid the problem
of broad or excessive dissemination of information which is of limited, local
utility. The department did not revise the rules in response to this comment.
COMMENT: The term 'CLEO' is used in the proposed rule, without reference
to what it is or how and whether local law enforcement might gain access.
RESPONSE: Proposed 37 TAC §5.16 (relating to Dissemination) describes
CLEO in Subsection (d) as the "Criminal Law Enforcement Online" web site.
CLEO is a non- public web site maintained by the Criminal Law Enforcement
Division of the department for general law enforcement use. Any law enforcement
agency may contact the Special Crimes Service of the department to gain access
to this web site. The department did not revise the rules in response to this
comment.
COMMENT: The department should provide information to each law enforcement
agency about '28 CFR Part 23.1 et seq.' and 'TXGANG,' which are referenced
in the proposal.
RESPONSE: Proposed 37 TAC §5.11(2) (relating to Definitions) defines
'28 CFR' as a certain federal administrative rule promulgated by the U.S.
Department of Justice. 'TXGANG' is a system created and maintained by the
department under the authority of the Texas Code of Criminal Procedure, Chapter
61 (relating to Compilation of Information Pertaining to Criminal Combinations
and Criminal Street Gangs). Any law enforcement agency may contact the Special
Crimes Service of the department to obtain information about, or a copy of
either 28 CFR or the TXGANG operating polices and procedures. The department
did not revise the rules in response to this comment.
COMMENT: The commenting police department does not currently have in place
a local process to identify either supplemental offense reports or the final
disposition of charges for an elderly crime.
RESPONSE: The law being implemented (Texas Government Code, §411.051)
provides in Subsection (c) that a department rule governing the submission
of reports by a law enforcement agency concerning elderly crimes ". . . must
require submission of the original investigative report and any supplemental
investigative report containing new, significant information. (emphasis added)"
The rule as proposed meets this statutory requirement by, first, repeating
the emphasized statutory language to require an investigating agency to forward:
" .a copy of any supplemental investigative report containing new, significant
information. "and, then, adding the phrase: ".material to the investigation,
including any ultimate charge or disposition." Because resolution of a matter
is important knowledge about it, an 'ultimate charge' or 'final disposition'
is 'significant' information. However, the proposed rule neither requires
an agency to inquire about charge or disposition nor write a supplementary
report about charge or disposition. It merely requires that, if a supplementary
report about charge or disposition is actually made, it must be identified
as such and forwarded to DPS. The department did not revise the rules in response
to this comment.
COMMENT: The commenting police department does not currently have in place
a process for their local prosecutor to report back to them the 'ultimate
charge or disposition' for an elderly crime. Therefore, the proposed rule
exceeds the authority of the law being implemented. DPS should also consider
a rule requiring all prosecutors to submit to DPS information about the ultimate
charge and disposition of an elderly crime.
RESPONSE: The proposed 37 TAC §5.13(b)(2) (relating to Requirements)
does not require creation of any report, only the forwarding of certain reports
if created. The proposed rule means that, if a local law enforcement agency
does not receive information about an ultimate charge or disposition from
a prosecutor, then no supplemental report need be prepared or submitted to
the department. The department is without rule making power under Texas Government
Code, §411.051, to require that a prosecutor report to DPS about an ultimate
charge or disposition of an elderly crime. The department did not revise the
rules in response to this comment.
COMMENT: Since the law being implemented only applies to an offense in
one of two expressly referenced Texas Penal Code chapters, Chapter 31 (theft)
and Chapter 32 (fraud), the proposed rules exceed these two chapters by adding
the phrase "robbery, burglary, or computer crimes" in 37 TAC §5.11(7)(C)
(relating to Definitions).
RESPONSE: The law being implemented (Texas Government Code, §411.051)
clearly applies to an offense against the elderly if it is:
(1) an offense under Texas Penal Code, Chapter 31 (theft),
(2) an offense under Texas Penal Code, Chapter 32 (fraud), or
(3) any other offense under the Texas Penal Code involving an intent to
steal or defraud.
The proposed 37 TAC §5.11(7) (relating to Definitions) repeats the
first two categories and implements the last category by adding ". . . [any
Texas Penal Code offense that involves] an intent to steal or defraud, which
may include robbery, burglary, or computer crime. . . ." While these three,
specific offenses are, of course, not part of the theft or fraud chapters,
they may involve an intent to steal or defraud and, if so, they fall within
the last category of the law and the rule. The department did not revise the
rules in response to this comment.
COMMENT: The term 'CLERIS' is used in the proposed rule, without reference
to what it is or how and whether local law enforcement might gain access.
RESPONSE: Proposed 37 TAC §5.14 (relating to Processing and Analysis)
describes CLERIS in Subsection (a) as the "Criminal Law Enforcement Report
Information System." This is a DPS offense report database for the internal
use of departmental personnel. While a member of local law enforcement may,
of course, solicit from a member of the department a copy of a specific CLERIS
offense report, local agencies do not have routine, direct access to the CLERIS
system. The department did not revise the rules in response to this comment.
COMMENT: Proposed 37 TAC §5.16(a)(2) (relating to Dissemination) purports
to limit dissemination to local law enforcement agencies by the department
"to the extent the information or the analysis is reasonably necessary or
useful to the agency . . . in carrying out the duties imposed by law on the
agency . . . ." The comment questions who will decide what is 'reasonable'
and, implicitly, whether the process will be a one way street, whether after
local agencies supply their information to the department, the department
will fail or refuse to send out useful information to the local agencies.
RESPONSE: The cited provision is essentially a recapitulation of principles
found in 28 CFR Part 23.1 et seq, which limit the dissemination of intelligence
information on a 'need to know' and 'right to know' basis. The department
will disseminate elderly crime information to local law enforcement in full
compliance with the spirit and letter of federal and Texas law and rules.
The department did not revise the rules in response to this comment.
The new sections are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; and Texas Government Code, §411.051(c),
which authorizes the department to adopt rules prescribing the form, manner
and regular intervals for reporting investigations of certain property crimes
committed against the elderly.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 5, 2002.
TRD-200201346
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 25, 2002
Proposal publication date: September 14, 2001
For further information, please call: (512) 424-2135
37 TAC §21.8
The Texas Department of Public Safety adopts new §21.8,
concerning Equipment and Vehicle Standards, without changes to the proposed
text as published in the November 2, 2001, issue of the
Texas Register
(26 TexReg 8770).
New §21.8 promulgates the standards, and specifications that apply
to the color, size, and mounting position of the flag required to be attached
to the rear of All-Terrain Vehicles (ATV), and is necessary due to the passage
of Tex. H.B. 651, Acts 2001, 77th Leg., R.S., ch. 472, §2.
No comments were received regarding adoption of the new section.
The new section is adopted 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, §663.037.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 5, 2002.
TRD-200201349
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 25, 2002
Proposal publication date: November 2, 2001
For further information, please call: (512) 424-2135
Subchapter F. VEHICLE INSPECTION STATION OPERATION
37 TAC §23.73
The Texas Department of Public Safety adopts amendments to §23.73,
relating to Inspection Fees, without changes to the proposed text as published
in the January 4, 2002, issue of the
Texas Register
(27 TexReg 115).
Amendments to the section are necessary in order to implement changes resulting
from the passage of Tex. H.B. 2134, Acts 2001, 77th Leg., R.S., ch. 1075, §1,
directing the Texas Natural Resource Conservation Commission and the Texas
Department of Public Safety to adopt procedures to encourage a stable private
market for providing emissions testing to the public.
No comments were received regarding adoption of the amendments.
The amendments are adopted 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, §§548.301,
548.501, and 548.505.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 5, 2002.
TRD-200201347
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 25, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 424-2135
Subchapter G. RESTRICTED DNA RECORD OF A PERSON RELEASED ON BAIL, CHARGED WITH, PLACED ON COMMUNITY SUPERVISION FOR, OR CONVICTED OF CERTAIN OFFENSES
37 TAC §§28.101 - 28.110
The Texas Department of Public Safety adopts new Subchapter
G, §§28.101-28.110, concerning Restricted DNA Record Of A Person
Released On Bail, Charged With, Placed On Community Supervision For, Or Convicted
Of Certain Offenses, without changes to the proposed text as published in
the January 4, 2002, issue of the
Texas Register
(27 TexReg 117).
Tom Haas, Chief of Finance, revises the additional estimated cost to local
government as a result of enforcing or administering the rule. The initial
estimated cost was $2.77 per sample. However, the cost of the sample is estimated
to be $3.25 in order to include anticipated shipping and handling charges.
The new sections promulgate the policies and procedures of DPS governing
approval of an outside laboratory, collection and processing of a specimen,
records, and additional specimen collection for these restricted DNA records.
New §28.101 lists the subchapter definitions related to the proposed
restricted DNA database; §28.102 describes the purpose and applicability
of the proposed sections; §28.103 describes eligible individuals from
whom a restricted specimen may be taken; §28.104 describes the date and
manner of approval for an outside laboratory; §28.105 describes the collection
of a restricted specimen, including discouraged use of restricted specimens
for evidentiary purposes, collection kits, training, statutory prohibitions,
court-ordered specimens, and criminal history checks; §28.106 describes
the processing of a restricted specimen, including processing of the specimen,
the restricted DNA database card, forwarding the card, acceptance or rejection
of the card, testing fee, and profile entry; §28.107 describes the restricted
DNA record, including maintenance, certification, retention period, segregation,
and access to the record; §28.108 describes the taking of an additional
specimen, including a request from a felony prosecutor, the circumstances
when no request is required, and whether or not a profile already exists; §28.109
describes required notifications to the DPS Crime Laboratory Service and making
information available after contacting the Crime Laboratory Service; and §28.110
describes contact telephone numbers and addresses of the Crime Laboratory
Service.
The new sections are necessary as a result of the passage of Tex. S.B.
638, Acts 2001, 77th Leg., R.S., ch. 1490, §2.
The department received one written comment from the American Civil Liberties
Union (of Texas). Following is the department's response thereto:
COMMENT: The American Civil Liberties Union (of Texas) stated that Senate
Bill 638 requires (and the rules as proposed do not repeat) that DNA records
and samples are 'confidential' and are not 'subject to open records disclosure,'
and unlawful disclosures are, variously, a third degree felony, state jail
felony, or official misconduct. The rule should address these confidentiality
issues, because of the potential for misuse of DNA information. Also, the
rules must provide a 'mechanism' to prevent and punish wrongful disclosure.
REPONSE: The department disagrees with the comment. The asserted felonies
and official misconduct associated with wrongful disclosure are already expressly
stated in the law and need not be restated by rule. However, the department
shares with the comment many of the same concerns about potential abuse. Therefore,
the department intends to clarify these issues in its "Restricted DNA Procedural
Guidelines (LAB-11)" and to cover them expressly in all mandatory training
associated with the proposed rules. The department did not revise the rules
in response to this comment.
COMMENT: The department received informal inquiries from several law enforcement
agencies seeking information about the procedure for purchasing specimen collection
kits.
RESPONSE: Law enforcement agencies may purchase kits through the department
or purchase the kits directly from manufacturers. The purchase price through
the department is $3.25 per kit. The department revises its estimated cost
to local governments for administering the rule from $2.77 per sample to $3.25
per sample in order to recover the department's actual costs for providing
the samples to local governments. The purchase price includes all shipping
and handling charges. An interlocal agreement is posted on the department
website at www.txdps.state.tx.us for use by local law enforcement agencies
that wish to purchase kits through the department. If law enforcement agencies
decide to purchase the kits directly, the agencies should consult with the
Crime Lab regarding the technical specifications for the kits. The department
did not revise the rules in response to this comment.
The new sections are adopted pursuant to Texas Government Code, §411.006(4),
which authorizes the director to adopt rules, subject to commission approval,
considered necessary for the control of the department; Texas Government Code, §411.1471(d),
which requires the director to adopt rules requiring a local law enforcement
agency that collects a DNA specimen from individuals arrested, indicted, or
convicted of certain felonies or misdemeanors under the provisions of that
section, to preserve the specimen, maintain a record of its collection, use
an approved method of collection, and not collect a blood specimen; Texas
Government Code, §411.1472(c), which requires the director to adopt rules
requiring a local law enforcement agency that collects a DNA specimen from
certain probationers under the provisions of that section, to preserve the
specimen, maintain a record of its collection, use an approved method of collection,
and not collect blood specimen; and Texas Government Code, §411.1531,
which requires the director to adopt rules to segregate records created under §411.1471
or §411.1472 from other DNA records created under Government Code, Chapter
411, subject to certain exceptions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 5, 2002.
TRD-200201348
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: March 25, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 424-2135
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.52
The Texas Department of Criminal Justice adopts the amended §151.52,
concerning the TDCJ Sick Leave Pool without changes to the proposed text as
published in the November 30, 2001 issue of the
Texas Register
(26 TexReg 9763). The purpose of this new section is
to provide procedures relating to the operation of the Texas Department of
Criminal Justice (TDCJ) sick leave pool.
No comments were received on the proposed amendments.
The new section is adopted under Texas Government Code, §492.013,
which grants general rulemaking authority to the Board and Texas Government
Code, §661.002, which specifically authorizes this section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 8, 2002.
TRD-200201445
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: March 28, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 463-0422
Chapter 435.
FIRE FIGHTER SAFETY
37 TAC §§435.1, 435.3, 435.9, 435.11, 435.13, 435.15, 435.17, 435.19
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §435.1 and §435.3 and new §§435.11, 435.13, and 435.15
without changes to the text published in the December 28, 2001, issue of the
The adopted amendments and new sections incorporate the amendments to Chapter
419 of the Texas Government Code which were effected by Senate Bill 382 on
September 1, 2001.
The adopted amendments to §435.1 and §435.3 establish deadlines
by which protective clothing must comply with NFPA 1851 and time frames for
inspecting and testing SCBA. New §435.9 outlines an employing entity's
duty in regard to providing PASS devices to fire protection personnel. New §§435.11,
435.13, 435.15, 435.17, and 435.19 provide guidelines for fire departments
to use in developing written departmental standard procedures and lists timeframes
related to Commission investigations.
One comment was received from the Waco Fire Department on protective clothing.
The commenter requested the TCFP's interpretation of Texas Government Code, §419.040.
The commenter did not suggest changes to the text of the proposed amendments
for the TCFP's rule on protective clothing, §435.1. One comment was received
from the Mt. Pleasant Fire Department on §435.3. The commenter suggested
that consideration be given to the number of times the SCBAs are subject to
use, and that it not be mandated that SCBAs be checked daily. It is the position
of the TCFP that it is unfeasible to base rules on the number of fires that
departments respond to because the fire fighter's safety can be jeopardized
if the SCBA is not tested at the beginning of each duty period when the SCBA
is assigned to an individual user or in-service apparatus, regardless of the
amount of use. Hence, the TCFP is adopting the proposed amendments to §435.3
without changes. One comment was received from the Mt. Pleasant Fire Department
regarding new §435.9. The commenter suggested that the procedure for
checking PASS devices be the same as for checking SCBA. The TCFP is addressing
this concern by adopting new §435.9 with changes to the published text
of §435.9(1) to reference "on-duty" personnel instead of "each." One
comment was received from the Garland Fire Department on new §435.11.
The commenter suggested that language be added to the published text to clarify
that the term "incident management system" is interchangeable with "incident
command system." The TCFP agrees that the terms are interchangeable. However,
TCFP feels "incident management" reflects the current terminology and concepts
used in the variety of incidents faced today and is adopting the new §435.11
without changes to the published text. One comment was received from the Mt.
Pleasant Fire Department on new §435.15. The commenter expressed concern
that smaller fire departments would be unable to meet the requirements of
NFPA 1710 in developing standard operating procedures (SOPs). The TCFP is
adopting new §435.15 without changes to the published text as fire departments
are not mandated to meet the requirements of NFPA 1710, but rather NFPA 1710
is available as a guideline for fire departments in developing SOPs. Five
comments were received on new §435.17 from representatives of the Garland
Fire Department, Mt. Pleasant Fire Department, Texas Municipal League, Texas
State Association of Fire Fighters, and the Waco Fire Department. The TCFP
agrees with a suggestion that it clarify in §435.17(a)(1) that at least
four fighters must be assembled prior to an interior attack, and the TCFP
has added "at least" to the text. The TCFP disagrees with two suggestions
to change the proposed language in new §435.17(b) to extend the exception
to the 2-In/2-Out Rule to after a team of four fire protection personnel are
assembled. Two comments referred to the use of both of the terms "fire protection
personnel" and "fire fighters" and suggested one term be used consistently
throughout new §435.17. The TCFP will adopt §435.17 with changes
to the published text to replace all references to "fire fighters" with "fire
protection personnel." The TCFP received one comment form the Stephenville
Fire Department which did not suggest changes to the published text for any
proposed changes to Chapter 435, but recorded the response the commenter had
received from the Fire Fighter Advisory Committee regarding compliance with
specific NFPA standards listed in Chapter 435.
The amendments and new sections are adopted under Texas Government
Code, §419.008, which provides the TCFP with authority to adopt rules
for the administration of its powers and duties; Texas Government Code, §419.022,
which provides the TCFP with the authority to assist fire departments and
fire protection personnel with problems relating to fire-fighting techniques,
clothing, and equipment; Texas Government Code, §419.040, which relates
to protective clothing; Texas Government Code, §419.041, which relates
to self-contained breathing apparatus, Texas Government Code, §419.042
which relates to personal alert safety systems, Texas Government Code, §419.043
which relates to NFPA standards; Texas Government Code, §419.044, which
relates to incident management systems; Texas Government Code, §419.045,
which relates to personnel accountability systems; Texas Government Code, §419.046,
which relates to fire protection personnel operating at emergency incidents;
and Texas Government Code, §419.047, which relates to TCFP enforcement.
§435.9.Personal Alert Safety System (PASS).
The employing entity shall:
(1)
purchase, provide, and maintain a PASS device for each
on duty fire protection personnel who engage in operations where IDLH atmospheres
may be encountered, or where the atmosphere is unknown, or where hazardous
conditions from fire or other emergencies exist, or where the potential for
such exposure exists;
(2)
ensure that all PASS devices used by fire protection personnel
comply with the minimum standards of the National Fire Protection Association
identified in NFPA 1982, Standard on Personal Alert Safety Systems (PASS)
for Fire Fighters:
(A)
the National Fire Protection Association standard applicable
to a PASS device is the standard in effect at the time the entity contracts
for new, rebuilt, or used PASS devices;
(B)
an entity may continue to use a PASS device that meets
the requirements of an earlier edition of NFPA 1982, unless the commission
determines that the continued use of the PASS device constitutes an undue
risk to the wearer, in which case the commission shall order that the use
be discontinued and shall set an appropriate date for compliance with the
revised standard;
(3)
ensure that the PASS device assigned to an individual user
be inspected at the beginning of each duty period and before each use.
(4)
maintain and provide upon request by the commission, a
departmental standard operating procedure regarding the proper use, selection,
care and maintenance of PASS devices.
§435.17.Procedures for Interior Structural Fire Fighting (2-In / 2-Out Rule).
(a)
The fire department shall develop written procedures that
comply with the Occupational Safety and Health Administration's Final Rule,
29 CFR Section 1910.134(g)(4) by requiring:
(1)
a team of at least four fire protection personnel must
be assembled before an interior fire attack can be made when the fire has
progressed beyond the incipient stage;
(2)
at least two fire protection personnel to enter the IDLH
atmosphere and remain in visual or voice (not radio) contact with each other;
(A)
Visual means that the fire protection personnel must be
close enough to see each other.
(B)
Voice means that the fire protection personnel of the entry
team must be close enough to speak to one another without the use of radios.
(3)
at least two fire protection personnel remain located outside
the IDLH atmosphere to perform rescue of the fire protection personnel inside
the IDLH atmosphere;
(4)
all fire protection personnel engaged in interior structural
fire fighting use self-contained breathing apparatus and be clothed in a complete
set of protective clothing as identified in Chapter 435;
(5)
all fire protection personnel located outside the IDLH
atmosphere be equipped with appropriate retrieval equipment where retrieval
equipment would contribute to the rescue of the fire protection personnel
that have entered the IDLH atmosphere;
(6)
one of the outside fire protection personnel must actively
monitor the status of the inside fire protection personnel and not be assigned
other duties. The second outside fire protection personnel may be assigned
to an additional role, including, but not limited to, incident commander,
safety officer, driver-operator, command technician or aide, or fire fighter/EMS
personnel, so long as this individual is able to perform assistance or rescue
activities without jeopardizing the safety or health of any fire protection
personnel working at the scene;
(7)
the fire protection personnel outside the IDLH atmosphere
must remain in communication (including, but not limited to, radio) with the
fire protection personnel in the IDLH atmosphere. Use of a signal line (rope)
as a communications instrument for interior fire fighting is not permitted
by the commission. This does not preclude the use of rescue guide ropes (guide
line or lifeline or by what ever name they may be called) used during structural
searches; and
(8)
each outside fire protection personnel must have a complete
set of protective clothing and self-contained breathing apparatus, as identified
in Chapter 435, immediately accessible for use if the need for rescue activities
inside the IDLH atmosphere is necessary.
(b)
The fire department shall comply with the 2-in/2-out rule
as described in this section except in an imminent life-threatening situation
when immediate action could prevent the loss of life or serious injury before
the team of four fire protection personnel are assembled.
§435.19.Commission Enforcement Of Chapter 435.
(a)
The commission shall enforce Chapter 435 at anytime, including,
but not limited to, commission investigations, fire department inspections,
or upon receiving a written complaint of an alleged infraction of Chapter
435.
(b)
Upon receipt of a written complaint alleging a violation
of Chapter 435, the commission shall have 30 days to initiate an investigation
and report back to the complainant its progress.
(c)
Upon substantiating the validity of a written complaint,
the commission shall follow the procedures outlined in Government Code, Chapter
419, §419.011(b) and (c).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 4, 2002.
TRD-200201319
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: March 24, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 239-4921
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
Chapter 23.
VEHICLE INSPECTION
Chapter 28.
DNA DATABASE
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 437.
FEES