Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 15.
DRIVERS LICENSE RULES
Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.48
The Texas Department of Public Safety proposes new §15.48,
providing for the optional registration for the United States Selective Service
by driver license and identification certificate holders who are at least
18 but less than 26 years of age. The new section is the result of the enactment
of Texas House Bill 116, Acts 2001, 77th Legislature, Regular Session, chapter
973, §2, and complies with the requirement that the department develop
by rule a selective service consent statement. This section also establishes
how these transactions will occur in driver license offices or by other alternative
transactions.
The new section defines the age group for applicants that should be considered
eligible for selective service registration; places in rule, as stated in
statute, that an applicant meeting the age requirements must either consent
or decline registration in order to complete a transaction; defines how the
Selective Service Consent form will be provided to the applicant either in
the driver license office or by an alternative transaction process; places
the responsibility on the applicant to ensure that the appropriate response
has been recorded by the department; and establishes that the Selective Service
Consent form will contain information related to the benefits and penalties
associated with the consent or declination of registration with the United
States Selective Service. The new section also places in rule, as stated in
statute, that only those transactions indicating an affirmative registration
response will be sent to the United States Selective Service.
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, or local economies.
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 the opportunity of providing selective service
registration during driver license transactions. There is no anticipated adverse
economic effect on individuals, small businesses, or micro-businesses. The
cost to those individuals required to comply with the section as proposed
will be the actual cost of the driver license or identification certificate.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0380, (512) 424-2584.
The new 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.
§15.48.Optional Selective Service Registration.
(a)
Applicants for a driver license or identification certificate,
who are at least 18 but less than 26 years of age, will be provided the opportunity
to register for the United States Selective Service.
(b)
Registration for this program is optional; however, either
an affirmative or declination response is necessary in order to complete the
transaction either in the office or via an alternate transaction method.
(c)
Applicants completing a transaction in a Driver License
Office will be provided a Selective Service Consent statement. The applicant's
response will be recorded and become a part of the driver history record.
This response will also be printed on the applicant's receipt upon completion
of the transaction. It is the applicant's responsibility to verify that the
correct response has been recorded, as this is the only indicator the applicant
will receive from the department.
(d)
Applicants invited to complete a transaction by an alternate
method will receive the Selective Service Consent statement with the mailed
notice.
(1)
Applicants completing a transaction via the Internet must
verify their response as recorded on the confirmation page as this is the
only indicator they will receive from the Department.
(2)
Applicants completing a transaction via the mail must indicate
their response on the notice returned to the department. No confirmation of
the applicant's response will be returned by the department.
(3)
Applicant completing a transaction via the telephone will
not receive a confirmation of their response from the department.
(e)
The Selective Service Consent statement will provide the
benefits and penalties associated with consent or declination to register
with the United States Selective Service.
(f)
Only those transactions indicating a consent to selective
service registration will be forwarded to the United States Selective Service.
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 April 26, 2002.
TRD-200202563
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-2135
37 TAC §15.51, §15.59
The Texas Department of Public Safety proposes amendments
to §15.51, and §15.59, regarding Examination Requirements.
Amendment to §15.51 refers commercial driver license applicants to
the appropriate section in Chapter 16; clarifies the rule by eliminating "case
C score" and "case E score" and adding the appropriate visual acuity that
must be met; reformats paragraph (2)(D) as new paragraph (3) to keep it from
being confused as part of the one-eyed vision standard; and renumbers current
paragraph (3) as new paragraph (4).
Amendment to §15.59 excludes the holder of a commercial driver license
from utilizing an alternative method for obtaining a duplicate commercial
driver license.
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, or local economies.
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 a better explanation of vision standards and compliance
with statute that CDL holders only have one CDL in possession. This change
allows for the surrender or invalidation of the current CDL prior to reissuance.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses. The cost to individuals who are required to comply with
this section will be the actual cost of the driver license.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0380, (512) 424-2584.
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.
§15.51.Vision Tests.
Applicants applying for a Texas
driver
[
(1)
The standards for two-eyed vision are as follows:
(A) - (C)
(No change.)
(D)
without corrective lenses,
20/50 or better with best
eye or both together
[
(E)
(No change.)
(F)
without corrective lenses,
20/60 or 20/70 with best
eye or both together
[
(G)
(No change.)
(2)
The standards for one-eyed vision are as follows:
(A) - (C)
(No change.)
(3)
[
(4)
[
§15.59.Alternate Methods For Driver License Transactions.
(a) - (d)
(No change.)
(e)
The following identification certificate holders will not
be considered eligible to renew or duplicate their certificate and the following
driver license holders will not be considered eligible to duplicate their
license by an alternate method:
(1) - (4)
(No change.)
(5)
any applicant that to the best of the department's knowledge
has an outstanding warrant or capias on file by a DPS officer
; or
[
(6)
any applicant that holds a commercial
driver license.
(f) - (i)
(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 April 26, 2002.
TRD-200202562
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-2135
37 TAC §§15.141 - 15.148
The Department of Public Safety proposes new Subchapter I, §§15.141
- 15.148, concerning the Release of Driver Record Information. These sections
are in response to the passage of Texas House Bill 1544, Acts 2001, 77th Legislature,
Regular Session, chapter 1032, which establishes new requirements on entities
receiving personal information from the department and creates new penalties
for violations of Texas Transportation Code, Chapter 730.
The new sections for Subchapter I are as follows:
Section 15.141 establishes that an agreement must be in effect between
the department and a person or entity before information may be released.
Any violation of the terms of the agreement will result in the termination
of the agreement and the loss of the recipient's eligibility to receive this
information.
Section 15.142 establishes the department's Agreement Form, a review of
eligibility and the required information that will be contained in the agreement.
Section 15.143 re-enforces the requirement of state and federal statute
that recipients of this information may only re-disclose this information
to those persons or entities that are qualified by state and federal statute
to receive this information. Failure to do so will result in the cancellation
of the agreement and possible criminal charges.
Section 15.144 clarifies the statutory requirements of maintaining records
of any resale or re-disclosure of this information to another party.
Section 15.145 clarifies the statutory requirements of persons or entities
receiving this information from the department to provide records of those
transactions to the department for review and compliance with statute and
the agreement. Any violation will result in the cancellation of the agreement.
Section 15.146 establishes that upon determination that a violation of
the agreement has occurred and the agreement has been cancelled, that person
or entity cannot enter into subsequent agreements to receive driver record
information. This section also defines an entity.
Section 15.147 requires that entities receiving driver record information
via an interactive system must provide the information required under §15.144
in an electronic format. Further advises that a maximum number of daily transactions
will be stipulated in the agreement.
Section 15.148 establishes the requirements for the individual release
of driver record information.
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, or local economies.
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 assistance in assuring that the release of
driver record information is in compliance with the statutory requirements
of Texas Transportation Code, Chapter 730. There is no anticipated economic
cost to individuals, small business or micro-businesses.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0300, (512) 424-2768.
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, §730.014.
Texas Government Code, §411.004(3) and Texas Transportation Code, §730.014
are affected by this proposal.
§15.141.Bulk Requests for Driver Record Information.
(a)
The department will release personal information to qualified
requestors only after a written agreement has been signed by both parties.
(b)
The terms of the agreement must be strictly adhered to.
(c)
Any violation of any clause or term of the agreement will
result in the termination of the agreement and the loss of the requestor's
ability to receive driver record information from the department.
§15.142.Agreement to Purchase Driver Record Information.
(a)
The department approved Agreement Form will be used by
all parties desiring to purchase driver record information.
(b)
The department will review all agreements to determine
the requestor's eligibility to enter into this agreement.
(c)
The agreement will require the following information:
(1)
All names used by the requestor, including names of all
sub parties and companies making up the requestor's entity.
(2)
All web address internet sites (Uniform Resource Locator--URL)
used by the requestor.
(3)
Nature of the entity's business practices.
(4)
Detailed explanation of the intended uses of the requested
information.
(5)
Copies of agreements used by the requestor to release driver
record information to third parties.
(6)
Any additional material provided to third party requestors
detailing the process in which they obtain driver record information and describing
their limitations as to how this information may be used.
(d)
If the department determines any of the information provided
is incomplete, inaccurate, or does not meet statutory requirements the department
will not enter into an agreement to release driver record information.
§15.143.Re-disclosure to Third Parties.
(a)
The recipient is responsible to ensure that any party to
which they release the driver record information complies with all federal
and state laws on the release of the information. This would include requiring
each party to certify that he/she will only release information to other third
parties who meet a permissible use and who will certify to release driver
record information to only other parties that meet this requirement.
(b)
If it is determined by the department that an improper
disclosure of personal information has been made by any party that directly
or indirectly obtained the driver record information from the recipient, the
recipient's agreement with the department will be canceled.
§15.144.Records to be Maintained by Recipients.
(a)
The recipient must maintain records as to any resale or
re-disclosure of driver record information to another party.
(b)
The records must be maintained for 5 years and must include:
(1)
The name of any person or entity to whom the re-disclosure
was made;
(2)
The permitted use for which the information was released;
(3)
Any documents demonstrating an agreement limiting further
re-disclosures;
(4)
Contact information for the person or entity the record
was released to.
§15.145.Department Review of Recipient's Records.
(a)
The department has the statutory authority to request and
review the recipient's records required in §15.144 of this title (relating
to Records to be Maintained by Recipients) .
(b)
This request will be made in writing to the recipient.
(c)
The recipient must provide the requested information within
30 days of the date of the department's request.
(d)
Failure to fully respond to this request will result in
the termination of the agreement.
(e)
Upon receipt of the requested information the department
will evaluate for compliance with the agreement, rules and statutes.
(f)
Upon determination that a recipient is not in compliance,
the agreement will be terminated immediately and written notice mailed to
the recipient.
§15.146.Ineligibility to Receive Personal Information.
(a)
If a person or entity is determined by the department to
have violated a clause or term of the agreement and the agreement has been
terminated, that person or entity cannot enter into a subsequent agreement
with the department to obtain driver record information.
(b)
An entity is defined, for purposes of this section, as
a partnership, corporation, business, professional association, joint stock
company, nonprofit organization, and governmental entity. Should any one person
or portion of the entity become ineligible to receive driver record information
under Texas Transportation Code, §730.016 then the entity is also ineligible
to receive this information
§15.147.Interactive Access for Driver History Information.
(a)
In addition to the requirements listed in this subchapter,
requestors receiving driver history information via the interactive system
must provide the information required under §15.144 of this title (relating
to Records to be Maintained by Recipients) in an electronic format.
(b)
For release of information in this manner, a maximum number
of daily transactions will be stipulated in the agreement. This maximum number
will not be exceeded without prior approval from the department.
§15.148.Individual Requests for Driver Record Information.
(a)
Individual requests for driver record information must
be made on the department approved forms.
(b)
The requestor must provide all required information and
certify to the statutory requirements granting access.
(c)
If it is determined by the department that the requestor
has violated this certification, the requestor will be ineligible to receive
driver record information.
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 April 26, 2002.
TRD-200202565
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-2135
Subchapter C. CHANGE OF LICENSE STATUS, RENEWALS, SURRENDER OF LICENSE, FEES
37 TAC §16.77
The Texas Department of Public Safety proposes an amendment
to §16.77, concerning duplicate commercial driver license (CDL) transactions.
Amendment to the section adds new subsection (c) which states that all
duplicate commercial driver transactions must be made in person by the license
holder at a department driver license facility.
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, or local economies.
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 compliance with statute that CDL holders only have
one CDL in their possession. There is no anticipated adverse economic effect
on individuals, small businesses, or micro-businesses. The anticipated cost
to individuals who are required to comply with the section as proposed will
be the actual cost of the CDL license.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0380, (512) 424-2584.
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.
§16.77.Duplicates.
(a) - (b)
(No change.)
(c)
All duplicate CDL transactions must be
made in person at a department driver license facility.
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 April 26, 2002.
TRD-200202564
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-2135
Subchapter A. VEHICLE INSPECTION STATION LICENSING
The Texas Department of Public Safety (DPS) proposes the repeal of §23.16,
concerning Persons with a Criminal Background, and amendments to §23.15,
concerning Inspection Station and Certified Inspector Denial, Revocation,
Suspensions, and Administrative Hearings. Section 23.15 provides the grounds
for denial, revocation, and suspensions of certificate for inspection stations
and vehicle inspectors, notification procedures, and rights to an administrative
hearing on the department's action. Section 23.16 provides specific grounds
for the denial, revocation, and suspension based on the applicant or certificate
holder's conviction of a felony or Class A or B misdemeanor.
The purpose of the proposed amendment to §23.15 is to implement changes
to Transportation Code, Chapter 548, §548.405 as amended by Texas House
Bill 3071, Acts 2001, 77th Legislature, Regular Session, chapter 1169, §2.
House Bill 3071 placed an affirmative burden of proof on applicants who apply
for an inspection station certificate at the same location where an immediate
family member has been suspended or revoked. House Bill 3071 expanded the
applicability of §548.405 to include members, shareholders, directors
and officers of partnerships, corporations and other business associations
which apply for or hold a certificate as an inspection station. Finally, House
Bill 3071 requires the department to develop a penalty schedule of suspensions
and revocations for offenses committed in safety and safety/emissions inspection
stations.
The proposed amendments to §23.15, expand the applicability of the
section, provide definitions, include a penalty schedule based on violation
categories, and further specify the types of violations in each category.
The penalty schedule also includes criminal activity. Therefore, §23.16,
which concerns specific grounds for the denial, revocation, and suspension
based on the applicant or certificate holder's criminal background, is being
repealed because, with the amendment of §23.15, it is obsolete.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the proposed amendment is in effect, there will be no significant
fiscal implications for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the proposed amendment is in effect, the anticipated public benefit
is more consumer protection because of the expanded application of the section.
Owners and operators with a revoked or suspended certification can no longer
regain certification using the identity of a business association entity.
Additionally, the public can safely obtain the required annual inspection
from individuals, which do not have a criminal history of violent and fraudulent
behavior.
There will be no significant adverse fiscal implications to small or micro-businesses
resulting from implementing the proposed amendment. The department currently
requires a criminal background check on all applicants performed at no charge
by the department. The penalty schedule does not affect inspection stations
and vehicle inspectors that comply with department rules. The penalty schedule
affects those inspection stations and vehicle inspectors who do violate the
department rules, however, they will be assured of fair and equal treatment
since all administrative actions will be in accordance with the proposed penalty
schedule.
Comments may be submitted to E. Eugene Summerford, Legal Counsel, Vehicle
Inspections and Emissions, Texas Department of Public Safety, Box 4087, Austin,
Texas 78773-0543; or by fax at (512) 424-2774. All comments must be received
by 5:00 p.m. on the 21st day after publication and should refer to "Proposed
Rule 37 TAC §23.15" in the subject line or at the beginning of the text.
37 TAC §23.15
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 the Transportation Code, Chapter
548, Subchapter A, §548.002, which authorizes the department to adopt
rules to administer and enforce the compulsory inspection of vehicles, and
Subchapter G, §548.405, which allows the department to deny, revoke or
suspend the certificate of an inspection station and or inspector.
Texas Government Code, §411.004(3), and Transportation Code, §548.002
and §548.405 are affected by this proposal.
§23.15.Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings.
(a)
As provided in Transportation Code, Chapter 548, §548.405,
the department may deny an application for a certificate, revoke or suspend
the certificate of a person, inspection station, or inspector, place on probation,
or reprimand a person who holds a certificate in accordance with this section.
[
[(1)
issuing a certificate without required
adjustments, corrections, or repairs having been made when an inspection disclosed
the necessity for those adjustments, corrections, or repairs;]
[(2)
refusing to allow the owner of the vehicle
to have required corrections or adjustments made by any qualified person he
may choose;]
[(3)
issuing an inspection certificate without
having made an inspection of the vehicle;]
[(4)
knowingly or willfully issuing an inspection
certificate for a vehicle without the required items of inspection or with
items which were not at the time of issuance in good condition and in conformity
with the laws of this state, or in compliance with rules of the commission;]
[(5)
charging more than the required inspection
fee;]
[(6)
issuing an inspection certificate without
being certified to do so by the department;]
[(7)
proof of unfitness of applicant or licensee
under standards set out in Texas Transportation Code, Chapter 548, or in commission
rules;]
[(8)
material misrepresentation in any application
or any other information filed under the Act or commission rules;]
[(9)
willful failure to comply with the Act
or any rule promulgated by the commission under the provisions of the Act;]
[(10)
failure to maintain the qualifications
for a license;]
[(11)
any act or omission by the licensee,
his agent, servant, employee, or person acting in a representative capacity
for the licensee which act or omission would be cause to deny, revoke, or
suspend a license to an individual licensee;]
[(12)
fraudulently represent to an applicant
that a mechanism or item of equipment required to be inspected must be repaired,
adjusted, or replaced before the vehicle will pass inspection when that is
not the case; or]
[(13)
a conviction under the laws of this
state, another state, or the United States of any crime which directly relates
to the duties and responsibilities of a vehicle inspection station or inspector,
as set out in §23.16 of this title (relating to Persons with a Criminal
Background).]
(b)
Applicability. This section applies to
any entity capable of applying for or holding a certificate from the department
to include:
(1)
a natural person,
(2)
a business association entitled to do business in the state,
including but not limited to:
(A)
a corporation,
(B)
a partnership,
(C)
a limited liability partnership, and
(D)
a limited liability company,
(3)
each member of a partnership or association issued a certificate
under this title,
(4)
each director or officer of a corporation issued a certificate
under this title, and
(5)
a shareholder that receives compensation, in the form of
a salary, from the day-to-day operation of an inspection station by a corporation
issued a certificate.
(c)
Terms and/or Definitions. Unless specifically
defined in the Texas Clean Air Act (TCAA) or in the rules of the Texas Department
of Public Safety (DPS), the terms used in this section have the meanings commonly
ascribed to them in the fields of air pollution control and vehicle inspection.
In addition to the terms that are defined by the TCAA, the following words
and terms, when used in this section, shall have the following meanings.
(1)
Suspension--means a temporary cessation of the authority
associated with the certification of an inspection station or inspector.
(2)
Revocation--means the withdrawal of the authority granted
by the department to inspect vehicles under the certificate of an inspection
station or inspector and the inability to re-apply for such a certificate
for a period of at least three years.
(3)
Lifetime Revocation--means the withdrawal of the authority
granted by the department to inspect vehicles under the certificate of an
inspection station or inspector and the inability to re-apply for such a certificate
for the lifetime of the applicant.
(4)
Warning--means a written reprimand based on a minor violation
which if repeated will result in a more severe administrative sanction.
(d)
Penalty Schedule. Pursuant to Transportation
Code, Chapter 548, §548.405(h) - (i) the department will administer penalties
by the category of the violation as follows:
Figure: 37 TAC §23.15(d)
(e)
Violation categories are as follows:
(1)
Category A.
(A)
Issuing an inspection certificate without inspecting an
item of inspection.
(B)
Performing inspection in an unapproved inspection area.
(C)
Failure to complete the reverse side of an inspection certificate.
(D)
Failure to place an inspection certificate in the proper
location.
(E)
Issuing out of date inspection certificates.
(F)
Refusing to inspect a vehicle without an objective justifiable
cause, i.e. fuel leak, unsafe tires, etc.
(G)
Failure to properly safeguard inspection certificates or
department issued forms.
(H)
Failure to properly maintain required records.
(I)
Failure to keep an adequate supply of certificates.
(J)
Failure to display the official department issued station
sign.
(K)
Failure to properly display the certificate of appointment,
procedure chart, and other notices required by the department.
(L)
Failure to keep department approved inspection area clean.
(2)
Category B.
(A)
Issuing inspection certificate without inspecting the vehicle.
(B)
Improperly issuing inspection certificate to vehicle with
more than one failing item of inspection.
(C)
Requiring repair or adjustment not required by law, rule,
or regulation.
(D)
Refusing to allow owner to have repairs or adjustments
made at location of owner's choice.
(E)
Allowing uncertified person to conduct or participate in
the inspection of a vehicle.
(F)
Charging more than statutory fee.
(G)
Requiring an additional fee or service charge in conjunction
with the inspection.
(H)
Inspector performing inspection while under the influence
of alcohol or drugs.
(3)
Category C.
(A)
Issuing more than one inspection certificate without inspecting
the vehicles.
(B)
Multiple instances of issuing inspection certificates to
vehicles with multiple defects.
(C)
Emissions testing the exhaust or electronic connector of
another (clean) vehicle fraudulently causing a vehicle to pass the emissions
test (clean piping or clean scanning).
(D)
Multiple emissions related violations on one vehicle or
violations on more than one vehicle.
(E)
Allowing a person whose certificate has been suspended
or revoked to participate in a vehicle inspection or to participate in the
operation of the inspection station where the current certificate holder was
required to provide proof as prescribed in Transportation Code, Chapter 548, §548.405(e).
(F)
Charging more than statutory fee in addition to not inspecting
vehicle.
(G)
Material misrepresentation in any application to the department
or any other information filed pursuant to Transportation Code, Chapter 548,
or department rules.
(4)
Category D.
(A)
Failure to possess a valid driver's license from state
of residence.
(B)
Failure to posses an operational item of inspection equipment
required by the department.
(C)
Failure to enter into and maintain a business arrangement
with the Texas Information Management System contractor to obtain a telecommunications
link to the Texas Information Management System Vehicle Identification Database
(VID) for each vehicle exhaust gas analyzer, if in an affected county as defined §23.93(b)(1)
of this title (relating to Vehicle Emissions Inspection Requirements).
(D)
Conviction under the laws of this state, another state,
or the United States of any crime as detailed in subsection (f) of this section.
(5)
Category E.
(A)
The following applies to inspection stations in which §23.93
of this title applies:
(i)
Failure to perform applicable emission test as required.
(ii)
Issuing an emissions inspection certificate without performing
the emissions test on the vehicle as required.
(iii)
Failure to perform the gas cap test or use of unauthorized
bypass for gas cap test.
(iv)
Issuing an emissions inspection certificate when the required
emissions adjustments, corrections, or repairs have not been made after an
inspection disclosed the necessity for such adjustments, corrections or repairs.
(v)
Falsely representing to an owner or operator of a vehicle
that an emission related component(s) must be repaired, adjusted, or replaced
in order to pass emissions inspection.
(vi)
Requiring emissions repair or adjustment not required
by law, rule or regulation.
(vii)
Tampering with the emissions system or an emission related
component in order to cause vehicle to fail emissions test.
(viii)
Refusing to allow owner to have emissions repairs or
adjustments made at location of owner's choice.
(ix)
Performing an emissions inspection outside the department
approved inspection area.
(x)
Allowing uncertified person to conduct an emission inspection.
(xi)
Charging more than the authorized emissions inspection
fee.
(B)
The following applies to inspection stations in which §23.93
of this title is not applicable:
(i)
Failure to perform the gas cap test.
(ii)
Falsely representing to an owner or operator of a vehicle
that emissions related component(s) must be repaired adjusted or replaced
in order to pass inspection.
(iii)
Requiring emissions repair or adjustment not required
by law, rule or regulation.
(iv)
Issuing a safety only inspection certificate to a vehicle
required to undergo a safety and emissions inspection without requiring a
signed and legible affidavit, approved by the department (VIE-12), from the
owner or operator of the vehicle.
(f)
The department has determined a certified
inspection station and certified vehicle inspector is in a position of trust,
performing a service to members of the public where the Transportation Code,
Chapter 548, requires the public to report for vehicle inspection. Therefore,
the department has determined the following crimes relate directly to the
duties and responsibilities of a certified vehicle inspector and/or those
for whom this section is applicable as detailed in subsection (b) of this
section. Those crimes include:
(1)
any felony or misdemeanor of which fraud is a factor,
(2)
any criminal violation of statutes that protect consumers
against unlawful business practices,
(3)
murder,
(4)
burglary,
(5)
rape,
(6)
child molestation,
(7)
sexual assault,
(8)
aggravated assault,
(9)
any violent crime against a person involving knowledge
or purpose,
(10)
theft,
(11)
possession of a controlled substance,
(12)
conviction of driving while intoxicated, and
(13)
conviction of an offense as detailed in Transportation
Code, Chapter 548, §548.601 and §548.603.
(g)
[
(h)
[
(i)
[
(j)
[
(k)
[
(l)
[
(m)
[
(n)
[
(o)
[
(p)
Administration of the Penalty Schedule
under §23.13(d) of this title (relating to Reissue of Inspection Station
Certificate of Appointment after Suspension) does not preclude informal disposition
of contested cases pursuant to Government Code, Chapter 2001, §2001.056.
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 April 26, 2002.
TRD-200202566
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-2135
Subchapter C. EXAMINATION REQUIREMENTS
drivers
]
license must meet the
following
vision standards
: (For Commercial
Driver License (CDL) vision standards refer to §16.8 of this title (relating
to Qualifications To Drive in Interstate Commerce) and §16.9 of this
title (relating to Qualifications To Drive in Intrastate Commerce))
[
set by the department of public safety.
]
case (C) score
] with specialist's statement
that vision cannot be improved: no visual restriction;
case (E) score
] with specialist's statement
that vision cannot be improved: no visual restriction, daytime only, 45 miles
per hour speed limit, any other advisable restriction;
(D)
] for driver licensing purposes,
an acuity score of worse than 20/200, with corrective lenses or specialist's
statement that improvement of 20/200 or better is not possible: is considered
blind.
(3)
] Color blindness is checked
on all original applicants.
.
]
Subchapter I. RELEASE OF DRIVER RECORD INFORMATION
Chapter 16.
COMMERCIAL DRIVERS LICENSE
Chapter 23.
VEHICLE INSPECTION
The department may deny an application for a license or revoke
or suspend an outstanding certificate of any inspection station for the certificate
or any person to inspect vehicles for any of the following reasons:
]
(b)
] When there is cause to deny
an application for a certificate of any inspection station or the certificate
of any person to inspect vehicles or revoke or suspend the outstanding certificate,
the director shall, in less than 30 days before refusal, suspension, or revocation
action is taken, notify the person in writing, in person, or by certified
mail at the last address supplied to the department by the person, of the
impending refusal, suspension, or revocation, the reasons for taking that
action, and of his right to an administrative hearing for the purpose of determining
whether or not the evidence is sufficient to warrant the refusal, suspension,
or revocation action proposed to be taken by the director.
(c)
] The director, without a hearing,
may suspend or revoke or refuse to issue any certificate if, within 20 days
after the personal notice of the notice is sent or notice has been deposited
in the United States mail, the person has not made a written request to the
director for this administrative hearing.
(d)
] On receipt by the director
of a written request of the person within the 20-day period, an opportunity
for an administrative hearing shall be afforded as early as is practicable.
(e)
] Said hearing shall be held
in accordance with Texas Transportation Code, Chapter 548, and applicable
rules of the department.
(f)
] On the basis of the evidence
submitted at the hearing, the director, acting for himself or upon the recommendation
of his designee, may refuse the application or suspend or revoke the certificate.
(g)
] Any person dissatisfied with
the action of the director, may appeal the action of the director in accordance
with Texas Transportation Code, Chapter 548.
(h)
] The department will investigate
all violations of Texas Transportation Code, Chapter 548, and all violations
of rules and regulations promulgated under Texas Transportation Code, Chapter
548.
(i)
] Vehicle inspection station
or certified inspector may waive the right to an administrative hearing in
writing by completing Form VI-63, voluntary waiver of administrative hearing.
(j)
] The procedure of the administrative
hearing shall be covered by the general rules of practice and procedure of
the Texas Department of Public Safety, Chapter 29 of this title (relating
to Practice and Procedure), except where other provisions are provided herein.