Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter D. PUBLIC INFORMATION POLICIES
37 TAC §§1.51 - 1.58
The Texas Department of Public Safety proposes amendments
to §§1.51-1.58, concerning Public Information Policies. §1.51
is amended because some of the information that peace officers and other department
employees have access to is confidential. The current rule provided department
employees with discretion over the release of information. After certain changes
were made to the Texas Public Information Act, employees are now expected
to refer these type calls to the Public Information Office instead of answering
them on their own.
Amendments to §§1.52, 1.53, and 1.56-15.8 are necessary for clarification
purposes only and are not substantive in nature.
Amendment to §1.54 is necessary because the current rule as previously
adopted was incomplete.
Amendment to §1.55(a) is for clarification purposes only and not substantive
in nature. Amendment to subsection (b) deletes reference to the department
issuing press cards.
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 current and updated rules consistent with statute.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Tela Mange, Chief of Media
Relations, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
7773-0170, (512) 424-2080.
The amendments are proposed pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected
by this proposal.
§1.51.General Policy.
It is the belief of the
Department of Public Safety (department)
[
§1.52.Release of Information in Criminal Investigations.
(a)
Subject to the limitations outlined as follows,
department
[
(b)
Release of information concerning criminal investigations
may be made only by the officers directly responsible for the investigation,
by the Public Information Office or Safety Education Service after consultation
with the investigating officers, or by other members of the
department
[
(c)
When an investigation is being conducted jointly with local
officers, releases will be coordinated with them so as to maintain proper
working relationships. Every effort should be made in such cases for releases
to be handled by the sheriff or chief of police, if he so desires.
(d)
Once an arrest has been made and primary responsibility
for a case has shifted to the prosecutor, news media inquiries should normally
be referred to the appropriate county or district attorney.
(e)
The names of offenders under age 17 should not normally
be released. Guidance should be sought from local juvenile authorities in
cases involving juvenile offenders.
(f)
The following information regarding criminal matters may
not be released by members of this department:
(1)
the prior criminal record, including arrests, indictments,
or other charges of crime, or the character or reputation of the accused,
except that the officer may make a factual statement of the accused's name,
age, residence, occupation, and family status, and if the accused has not
been apprehended, may release any information necessary to aid in his apprehension
or to warn the public of any dangers he may present. Nothing herein should
be construed as limiting the right of the news media to obtain and publish
conviction data from court or public records;
(2)
the existence or contents of any confession, admission,
or statement given by the accused, or the refusal or failure of the accused
to make any statement, except that the officer may announce without further
comment that the accused denies the charges made against him;
(3)
the details or results of any laboratory examinations of
evidence in the case, or the results or failure of the accused to submit to
any examination including polygraph.
This prohibition does not apply
to results of blood alcohol concentration tests (breath, blood or urine) or
to the accused's failure to submit to such a test
[
(4)
the identity, testimony, or credibility of prospective
witnesses,
although
[
(5)
the possibility of a plea of guilty to the offense charged
or a lesser offense;
(6)
any opinion as to the accused's guilt or innocence or as
to the merits of the case or the evidence in the case;
(7)
no member of this department shall deliberately pose a
person in custody for photographing or televising by representatives of the
news media. This does not limit the right of the news media to photograph
the person in custody, in a public place, and on their own initiative.
§1.53.Releases before Arrest or Charge.
Following the commission of a crime, but prior to the making of an
arrest, the issuance of an arrest warrant or the filing of formal charges,
the following limitations on release of information to the news media apply.
(1)
Releases [
(2)
The fact that laboratory examinations are being made by
the Department of Public Safety lab may be released, but the details or results
shall be considered confidential. This same limitation applies to polygraph
examinations, but does not apply to
blood
alcohol
concentration
tests.
(3)
Prior to the filing of formal charges, the identity of
a person wanted for questioning should not be disclosed unless determined
by the investigators to be necessary to aid in the investigation, to assist
in the apprehension or location of the person, or to warn the public of any
dangers.
§1.54.Releases After Arrest or Charges.
It shall be permissible for authorized members of this department to
release the following information in criminal proceedings at the time charges
are filed, or upon arrest of the defendant.
(1)
The fact and circumstances of arrest, including the time
and place of arrest, pursuit, resistance,
and any injuries suffered during
the arrest.
[
(2)
The identity of the investigating and arresting officer
and agency and the length of the investigation.
(3)
At the time of seizure of any physical evidence, [
(4)
The nature, substance, or text of the charge as filed in
a court proceeding and the identity of the person charged. This may include
the age, residence, occupation, and family status of the suspect.
(5)
Information as to the court in which the charge was filed
and the fact the defendant was released on bond or remanded to jail.
(6)
Information of the type outlined in §1.53 of this
title (relating to Releases Before Arrest or Charge).
§1.55.Access to Disaster and Emergency Scenes.
(a)
Department [
(1)
protect human life
, including providing assistance
to those already injured and preventing further injuries to others
[
(2)
collect and preserve evidence of a crime or serious negligence;
(3)
protect property; and
(4)
identify dead or injured persons.
(b)
The question of what constitutes proper identification
as a news media representative is
left to the
[
(c)
When necessary to bar news media representatives from emergency
scenes for the reasons set out in subsection (a) of this section, the reason
should be explained to them, and they should be permitted access as close
to the scene as possible. It should be recognized that such close access is
essential to the proper working of a free and independent press.
(d)
Department [
§1.56.Actions of Media Representatives at Disaster and Emergency Scenes.
(a)
After news media representatives have been permitted access
to a disaster or emergency scene, department [
(b)
In the event a media representative attempts or commits
an act not a violation of the law or in interference with vital police duties,
but which is repugnant to decent human sensibilities, department [
§1.57.Military Incidents.
The same policy as set out in the preceding sections will be followed
in military accidents. If a media representative desires to take photographs
or secure information, he should be referred to the proper military authorities
for permission. However, department [
§1.58.Release of Information on Accident Victims.
It is highly desirable to notify next of kin of the death or serious
injury of an accident victim before releasing the name to the news media.
However, 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 January 16, 2003.
TRD-200300250
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §1.60
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 §1.60, concerning Requests for Department of Public Safety
Press Cards. The section is proposed for repeal due to the director having
determined that the issuance of press cards is not necessary for the department's
accomplishment of its statutory responsibilities nor does this program substantially
enhance the department's accomplishment of those responsibilities.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeal 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 repeal is in effect the public benefit anticipated as a result
of enforcing the repeal will be deletion of outdated rules. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Tela Mange, Chief of Media
Relations, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
78773-0170, (512) 424-2080.
The repeal is proposed pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected
by this repeal.
§1.60.Requests for Department of Public Safety Press Cards.
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 January 16, 2003.
TRD-200300251
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §1.71
The Texas Department of Public Safety proposes an amendment
to §1.71, concerning Videotapes and Photographs. Amendment to the section
clarifies that the department will make documents which are requested by the
public available to them under the guidelines of the Texas Public Information
Act.
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 current and updated rules consistent with statute.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Tela Mange, Chief of Media
Relations, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
78773-0170, (512) 424-2080.
The amendment is proposed pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected
by this proposal.
§1.71.Disposition of Videotapes and Photographs.
(a)
All videotapes, photographs, and negatives
created
or acquired
[
(b)
This section is not intended to forbid the use of any such
videotape, photograph, or negative by members of this department or other
criminal justice agencies in the prosecution of any criminal or traffic case
or in programs expressly intended to further public safety education or in
any utilization approved by the director.
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 January 16, 2003.
TRD-200300249
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
Subchapter B. EMERGENCY MANAGEMENT PLANNING AND PREPLANNING REQUIREMENTS
37 TAC §7.12, §7.13
The Texas Department of Public Safety proposes amendments
to §7.12 and §7.13, concerning Emergency Management Planning and
Preplanning Requirements. Section 7.12 is amended to require each local and
interjurisdictional emergency management agency to submit to the Division
of Emergency Management a copy of their local plan so that planning status
may be tracked. Amendment to §7.13 is necessary because the Division
of Emergency Management also administers a variety of grants from sources
other than the Federal Emergency Management Administration.
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 rules that more accurately reflect statute
and policy. There is no anticipated adverse economic effect on individuals,
small businesses, or micro-businesses.
Comments on the proposal may be submitted to Jack Colley, State Coordinator,
Texas Department of Public Safety, Emergency Management Service, P.O. Box
4087, Austin, Texas 78773-0220, (512) 424-2443.
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 departments work and Texas Government Code, §418.042,
which requires the division of emergency management to prepare and keep current
a comprehensive state emergency management plan.
Texas Government Code, §411.004(3), and §418.042 are affected
by this proposal.
§7.12. Local Planning Required.
Each local and interjurisdictional emergency management agency shall
prepare, keep current, and distribute to appropriate officials a local or
interjurisdictional emergency management plan.
A copy of each plan will
be provided to the Division of Emergency Management.
§7.13.Eligibility for Federal Incentive Programs Described.
The Governor's Division of Emergency Management administers certain
federal assistance programs authorized under the Robert T. Stafford Disaster
Relief [
(1)
Have a local emergency management agency legally established
by city ordinance or commissioner's court order.
(2)
The emergency management coordinator must be designated
and appointment reported to the division.
(3)
Have an approved emergency management plan, or submit an
acceptable schedule for preparation and submission of such plan.
(4)
Submit an approvable work plan which outlines proposed
emergency management activities for the current fiscal year.
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 January 16, 2003.
TRD-200300248
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §7.27
The Texas Department of Public Safety proposes an amendment
to §7.27, concerning Emergency Management Operations. Amendment to the
section changes the title because it is not descriptive of content. The amendment
also recognizes the Governor's authority to recommend protective action for
the public.
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 rules that more accurately reflect policy and procedures
relating to emergency management. There is no anticipated adverse economic
effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Jack Colley, State Coordinator,
Texas Department of Public Safety, Emergency Management Service, P.O. Box
4087, Austin, Texas 78773-0220, (512) 424-2443.
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 Government Code, §418.042,
which requires the division of emergency management to prepare and keep current
a comprehensive state emergency management plan.
Texas Government Code, §411.004(3), and §418.042 are affected
by this proposal.
§7.27. Protective Action Recommendations for the Public [
The decision to recommend
that
the public [
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 January 16, 2003.
TRD-200300247
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
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 proposed amendments to the rules regarding the Parent-Taught
Driver Education Program are necessary to align the department's program with
recent revisions to the Texas Education Agency (TEA) driver education requirements.
With these amendments, the department has also addressed the changes to licensing
individuals under 18 years of age which was brought about by the Graduated
Driver Licensing (GDL) system implemented in January of 2002.
Amendment to the section adds the term "Texas Driver Education Certificate."
Currently this term was defined in a separate rule. By placing the term in
the definitions section, the information is more easily accessible by those
persons looking to define the term. Also in this section, language changes
were made to better define "instructor" for purposes of the parent taught
program.
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 to bring the department's program into compliance
with the guidelines established by the TEA and also update the information
to include the requirements of the Graduated Driver Licensing Program. In
addition, the amendments clarify the department's policies and procedures
and reorganize the information in concise chronological order. There is no
anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Rebecca Blewett, Senior Staff
Attorney, Driver License Division, Texas Department of Public Safety, P.O.
Box 4087, Austin, Texas 78773-0300, (512) 424-5231.
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
subchapter
[
(1)
Driving school, driver training school and driver education
school--have the same meaning and may be used interchangeably.
(2)
Instructor
(for purposes of the parent taught program)
--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
hold a valid
[
(3)
Laboratory, behind-the-wheel, and in-car instruction--
have the same meaning and may be used interchangeably.
(4)
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.
(5)
TEA--refers to the Texas Education Agency or Central Education
Agency.
(6)
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. Under the parent taught program the certificate is sent
to the Driver License office indicated on the Request for Driver Education
Packet form DL-92. The Driver License office will file the certificate upon
receipt for security purposes and it will remain under the control of the
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 January 16, 2003.
TRD-200300252
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §§18.21 - 18.25
The Texas Department of Public Safety proposes amendments
to §18.21, §18.22 and new §§18.23-18.25, concerning Parent
Taught Driver Education. Amendments to the rules regarding the Parent-Taught
Driver Education Program are necessary to align the department's program with
the recent revisions to the Texas Education Agency (TEA) driver education
requirements. With these amendments, the department has also addressed the
changes to licensing individuals under 18 years of age brought about the Graduated
Driver Licensing (GDL) System implemented in January of 2002. Further, the
department has reorganized and renumbered the rules in order to make them
more understandable and easier to utilize by the general public.
Information was added to the instructions for obtaining the Parent-Taught
materials to benefit those individuals considering initiating the program.
Issues have been raised by parents who obtain the packet and begin instruction
then are later denied credit due to ineligibility to teach the program. By
adding to the rule that the department will not check the instructor's qualifications
at the time of application to the program, the department seeks to eliminate
some confusion and complaints. Information is also given to explain how and
if portions of the instruction can be transferred, again in an attempt to
provide information prior to submitting the application for the program.
Changes are proposed to the classroom training subsection to address the
department's change to a new module type instruction plan. This is in response
to changes in course requirements by the Texas Education Agency that certifies
all driver education courses. Additionally, TEA has developed a driver education
program that can be obtained on their web site eliminating the need for a
driver education textbook; therefore this requirement is removed from the
rule.
A new §18.23 was created for the information regarding the application
for the instruction permit. The information is currently part of the classroom
training, but the department feels this information is substantial enough
to warrant an individual section.
Section 18.24, Behind the Wheel Instruction has been renumbered to accommodate
the new section created for the instruction permit.
New §18.25 provides information on obtaining the provisional license.
The department feels that by creating a new section the information is more
readily accessible by the public. The new section further addresses the new
GDL requirements.
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 governments, 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 to bring the department's program into compliance
with the guidelines established by the TEA and also update the information
to include the requirements of the Graduated Driver Licensing Program. There
is no anticipated adverse economic effect on small businesses, or micro-businesses.
The anticipated cost to individuals who are required to comply with the section
as proposed will be the non- refundable fee set by the department for the
Parent Taught Driver Education Packet.
Comments on the proposal may be submitted to Rebecca Blewett, Senior Staff
Attorney, Driver License Division, Texas Department of Public Safety, P.O.
Box 4087, Austin, Texas 78773-0300, (512) 424-5231.
The amendments and 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, §521.005.
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)
Prior to teaching a department approved course, an instructor
must send a completed Request for Parent Taught Driver Education Packet form
with a non-refundable fee which is set by the department [
(b)
The department will not do a background
check into the instructor's eligibility to teach under the parent taught program
prior to providing the parent taught packet. It is the responsibility of the
instructor to determine whether they meet the qualifications.
(c)
[
(d)
[
(e)
The parent taught program includes
both the classroom and laboratory phase instruction. The instructor may teach
both or utilize a driving school, driver training school or driver education
school for either phase. However, a student cannot transfer hours between
the parent taught program and a driving school. Each phase, classroom or laboratory,
must be instructed in its entirety under one program. If there is a desire
to change programs prior to the completion of either phase all previous education
or training hours must be repeated. Under the concurrent method of instruction,
all 32 hours of the classroom instruction must be taught under one program;
either parent taught or driver training school. The 14 hours of laboratory
instruction must be taught under one program; either parent taught or driver
training school.
§18.22.Classroom Training.
(a)
After obtaining all necessary materials, the 32 hours of
classroom instruction required in the classroom phase of a driver training
program may be taught either as an entire block prior to any portion of the
laboratory phase or concurrently with the laboratory phase. If taught as part
of the Concurrent Program,
the student must complete the first six hours
of the classroom instruction as required under Section 18.31 of this title
(relating to Requirements for Approval of Course)) prior to the instruction
of
[
(b)
There are no requirements that the location used as a classroom
have any particular characteristics or equipment. It is recommended that the
location be comfortable and the atmosphere be conducive to the learning experience.[
(c)
Texas law provides that an applicant must be at least 14
years of age to be eligible to take the classroom phase of a driver training
course. A driver training course will
not
[
(d)
The
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
§18.23.Application for an Instruction Permit.
(a)
An instruction permit must be obtained by the student prior
to beginning any portion of the behind-the-wheel phase of a driver training
program. The department shall not issue any license, including an instruction
permit, to any person who is under 15 years of age. The department may issue
an instruction permit without photograph to any person 15 years of age or
older but younger than 18 years of age who has:
(1)
satisfactorily completed and passed the classroom phase
of an approved driver training course or has completed the first six hours
of the classroom instruction required under Section 18.31 of this title (relating
to Requirements for Approval of Course);
(2)
obtained a high school diploma or its equivalent; or is
a student enrolled in a public, home, or private school who attended school
for at least 80 days in the fall or spring semester preceding the date of
application; or has been enrolled for at least 45 days, and is currently enrolled
in a program to prepare persons to pass the high school equivalency exam;
and
(3)
successfully passed all parts of the driver examination
required in the Driver License Law other than the driving test.
(b)
When an instructor has taught the required hours of either
the block or concurrent classroom phase of a driver education program, the
instructor and the student must 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:
(1)
a completed Texas Driver License Application (DL-14A);
(2)
a completed and notarized Parental Driver Education Affidavit
(DL-90A);
(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 CDD-104, or the equivalent;
(5)
if utilizing the Model Program, Program 101, the instructor
must present written instructional outlines or satisfactory evidence that
the TEA Instructional Modules were used for student instruction;
(6)
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;
(7)
if the student owns a vehicle for which proof of financial
responsibility is required, evidence of liability insurance must be presented;
(8)
an original social security card or other acceptable proof
of social security number or SSN affidavit;
(9)
an original or certified copy of the birth certificate
or other acceptable proof of name, date of birth, and place of birth; and
(10)
other information as required by the department.
(c)
A Driver License Division 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 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 driver license office until completion of the course. The student will
pay the required application fee and be given the vision, and other required
tests. 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.
(d)
The department requires the use of the DPS DL-90A form.
(e)
At the time of application for the instruction permit the
department will check the driver record of the instructor. If the instructor
is found to be ineligible to teach the program due to a disqualifying conviction,
or for failing to have a valid Texas driver license the instruction permit
will be denied and all prior instruction time is forfeited.
§18.24.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 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
instruction given.
§18.25.Obtaining Provisional License.
(a)
Upon completion of all course material, classroom and behind-the-wheel,
the instructor must apply to the same Driver License office where the DE-964
form is filed to obtain a provisional driver license.
(b)
The student must have reached their 16th birthday and must
have held an instruction permit or hardship license for a minimum of six months.
Calculation for the six-month period will not include any time in which the
instruction permit is suspended, revoked, expired or canceled.
(c)
The applicant must provide the following at a Driver License
office where the DE-964 form is filed:
(1)
applicant's instruction permit or learner's license;
(2)
a completed and notarized Parental Driver Education Affidavit
(DL-90B);
(3)
a completed student instruction record;
(4)
if utilizing the Model Program, Program 101, the instructor
must present written instructional outlines or satisfactory evidence that
the TEA Instructional Modules were used for student instruction;
(5)
a fee of $5.00;
(6)
a high school diploma or its equivalent, or acceptable
certification of high school/GED enrollment and attendance, Texas Education
Agency (TEA) form CDD-104, or equivalent; and
(7)
other information as required by the department.
(d)
Upon acceptance of the above documentation, Driver License
Service personnel will provide the form DE-964 for completion by the 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.
(e)
The department requires the use of DPS DL-90B form.
(f)
For the first six months after issuance of the provisional
license the individual will be subject to a traffic violation if found to
be operating a motor vehicle between the hours of midnight and 5:00 a.m. or
operating with more than one unrelated passenger in the vehicle unless a license
operator over 21 years of age is occupying the front seat with the driver.
Exceptions for operating between midnight and 5:00 a.m. are to and from work,
school related activity, or a medical emergency.
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 January 16, 2003.
TRD-200300253
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §18.23, §18.24
(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 §18.23, and §18.24, concerning Parent Taught Driver Education.
Section 18.23 is being repealed in order to renumber the section as new §18.24.
The repeal of §18.24 is necessary because the language is being added
to the definitions section of §18.21.
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
for state or local government, or local economies.
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 to bring the department's program into compliance
with the guidelines established by the TEA and to update the information to
include the requirements of the Graduated Driver Licensing Program. There
is no anticipated adverse economic effect on individuals, small businesses,
or micro- businesses.
Comments on the proposal may be submitted to Rebecca Blewett, Senior Staff
Attorney, Driver License Division, Texas Department of Public Safety, P.O.
Box 4087, Austin, Texas 78773-0300, (512) 424-5231.
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, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this repeal.
§18.23.Behind-the-Wheel Instruction.
§18.24.Texas Driver Education Certificate.
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 January 16, 2003.
TRD-200300256
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §§18.31 - 18.33
The Texas Department of Public Safety proposes amendments
to §18.31, §18.32 and new §18.33, concerning Department Approved
Driver Education Courses. The proposed amendments to the rules regarding the
Parent-Taught Driver Education Program are necessary to align the department's
program with the recent revisions to the Texas Education Agency driver education
requirements. With these amendments, the department has also addressed the
changes to licensing individuals under 18 years of age brought about the Graduated
Driver Licensing (GDL) System implemented in January of 2002. Further, the
department has reorganized and renumbered the rules in order to make them
more understandable and easier to utilize by the general public.
The department provides the new course requirements for the department's
Parent-Taught program. This new program adopts by reference the driver education
course approved and utilized by the Texas Education Agency.
Changes are proposed to the process of approval for courses utilized in
the Parent-Taught program. The changes regard how and when information will
be updated in the packet provided to all applicants. The changes also address
the department's authority to require a previously approved course to resubmit
information for reapproval if needed due to changes in state law, TEA requirements
or administrative rules. Guidelines are established to give the entity time
to address the issues and submit information to the department for reapproval.
Failure to submit the requested information will result in the cancellation
of the course approval.
The department provides information regarding when cancellation of approval
will be authorized. Currently the statute requires the courses to be approved
by the department. Through this requirement the department has statutory authority
to provide approval; therefore, it also has authority to cancel that approval.
New §18.33 states the reason for which the department will cancel approval.
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 to bring the department's program into compliance
with the guidelines established by the TEA and also update the information
to include the requirements of the Graduated Driver Licensing Program. There
is no anticipated adverse economic effect on individuals. The amendments require
a previously approved course to continue to meet all state requirements and
subject them to a reapproval process. Due to recent changes in the Texas Education
Agency's guidelines, all commercial programs offered in conjunction with the
Parent-Taught Program will need to be reapproved. This process could result
in a fiscal impact on those private companies; however, the department has
no data on which to base this.
Comments on the proposal may be submitted to Rebecca Blewett, Senior Staff
Attorney, Driver License Division, Texas Department of Public Safety, P.O.
Box 4087, Austin, Texas 78773-0300, (512) 424-5231.
The amendments 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.
§18.31.Requirements for Approval of Course.
[
[
[
[
[
§18.32.Submission of Course for Departmental 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 Texas Department of Public Safety, Box 4087, Austin,
Texas 78772-0316, Attention: Parent Taught Driver Education Section.
(b)
The curriculum and all materials will be evaluated. If
it substantially meets or exceeds the minimum standards
set out in §18.31
of this title (relating to Requirements for Approval of Course)
[
(c)
A written request is required to change any information
included in the Parent Taught Packet that concerns an approved course. This
would include changes to contact information, changes in the company name
or changes to the course title. Any changes will occur only upon the deletion
of the current stock of packets.
[
(d)
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.
(e)
Submitted materials will be
retained in the department files.
(f)
The department has the authority
to require a course to be reapproved due to changes in the TEA driver education
curriculum requirements, state law, or administrative rules. The department
will notify the entity when reapproval is required. The entity will have 180
days from the date of notification to submit the information requested for
the reapproval. Failure to adequately respond within the required time will
result in the cancellation of the course approval. The department will review
the course material provided and make a determination as to adoption in a
timely manner.
§18.33.Cancellation of Department Approval.
A DPS approved Parent Taught Driver Education Course may have its approval
cancelled upon a finding:
(1)
that the course does not meet the standards required under §18.31
of this title (relating to Requirements for Approval of Course);
(2)
the materials used were not approved by the department;
or
(3)
after notice, the program has not been reapproved as required
by §18.32(f) of this title (relating to Submission of Course for Departmental
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 January 16, 2003.
TRD-200300254
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
37 TAC §18.33
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 proposes the repeal
of §18.33, concerning Department Approved Driver Education Courses. §18.33
is repealed due to the department's lack of statutory authority to establish
an appeal process for decisions regarding the Parent Taught Program.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeal 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 repeal is in effect the public benefit anticipated as a result
of enforcing the repeal will be to bring the department's program into compliance
with the guidelines established by the TEA and also update the information
to include the requirements of the Graduated Driver Licensing Program. There
is no anticipated adverse economic effect on individuals, small businesses,
or micro- businesses.
Comments on the proposal may be submitted to Rebecca Blewett, Senior Staff
Attorney, Driver License Division, Texas Department of Public Safety, P.O.
Box 4087, Austin, Texas 78773-0300, (512) 424-5231.
The repeal 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.
§18.33.Appeal of Department Decision.
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 January 16, 2003.
TRD-200300255
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2003
For further information, please call: (512) 424-2135
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter B. PLACEMENT PLANNING
department of public safety
] that the public should have
accurate, authentic information concerning events that affect the public welfare,
or that are of public interest. It is also the belief of the department [
of public safety
] that the public should be informed of the actions
of governmental agencies when it is possible to give such information without
substantially interfering with the performance of vital emergency police services
or jeopardizing the results of a police investigation. To this end,
the
[
all
] department
has established a Public Information
Office, to which the media may be referred
[
of public safety employees
will cooperate to the fullest extent possible with news media representatives
within the limitations of the officer's sworn duty to perform police services
].
Department of Public Safety
] employees may respond to news
media inquiries about criminal investigations in which the department is involved.
Department of Public Safety
] who have been provided information
for release by the investigating officers. Employees not involved as outlined
in this subsection will refer all news media inquiries to the appropriate
personnel.
Exemptions: results
or failure of the accused to submit to alcohol tests (breath, blood, or urine)
];
except that
] the officer may announce
the identity of the victim
unless the offense involved sexual contact
;
may include, but
] shall be limited
to [
,
] pertinent facts related to the crime itself including nature
of the offense, information concerning the victim, location, and approximate
time of the crime, and information as to what agency or agencies are investigating.
an
]
other than a confession, admission, or statement,
] a description of
the evidence seized.
of public safety
] officers will
permit properly identified news media representatives free access to any disaster
or emergency scene unless their presence would constitute a violation of the
law or would substantially interfere with the officer's duty to:
--those already injured, or others
] from explosion, fire, radiation,
chemicals, or other hazard;
a matter of
] discretion of the department [
of public safety
] officer
involved. Most news persons carry cards showing their professional affiliation.
Press cards of this sort are issued [
by the department of public safety,
] by many local law enforcement agencies, by some federal agencies,
and by news media organizations and associations.
of public safety
] officers should
attempt to cooperate with the news media efforts to obtain information in
photographs, or film, within the limitations set forth in this section, in
order to lessen congestion and permit the media representatives to complete
their tasks in an orderly manner.
of public safety
]
officers will not attempt to restrict any of their actions unless the act
is a violation of the law or interferes with the performance of vital police
duties.
of
public safety
] officers will not attempt to prevent the act. However,
in such instances, a department [
of public safety
] officer will
identify the representative and his employer, and will make a written report
of the incident to his commanding officer. Copy of such a report may be sent
to the representative's employer. The commanding officer will incorporate
this report in his official record of the disaster or emergency.
of public safety
] officers
will not bar media representatives from taking photographs or seeking information
once they have referred them to the proper military authority. Exception to
this will be made only when the department [
of public safety
] officers
have been officially and authoritatively advised by the proper military authorities
that a specific violation of federal law is involved in allowing unauthorized
persons to examine or photograph classified material or equipment involved
in the specific incident.
of public safety
] officers will not withhold,
nor advise other officials to withhold names of such victims from the news
media representatives once the identities of the victims have been fully established.
In such cases the officer will advise the media representatives that the next
of kin have not been notified, leaving usage up to them.
Subchapter E. VIDEOTAPES AND PHOTOGRAPHS
in possession of or taken in the course of their official
duties
] by Department of Public Safety personnel
in the course
of their official duties are
[
will be considered as
] agency
property and [
generally
]available to the public
as provided
by the Texas Public Information Act
. No employee shall sell,
or
offer
to sell, any
[
for sale, or receive any consideration
whatsoever concerning the disposition or release of
] such videotape,
photograph, or negative
for personal gain, nor shall any employee receive
any personal compensation whatsoever for the release or disposition of such
items
.
Chapter 7.
DIVISION OF EMERGENCY MANAGEMENT
Act and the Disaster Relief
] and Emergency Assistance
Act as amended
, and other statutes
. To participate in these programs,
a city or county must meet, as a minimum, the following basic eligibility
requirements:
Subchapter C. EMERGENCY MANAGEMENT OPERATIONS Evacuation Recommended ].
to
]
take shelter, evacuate, or relocate rests solely
with the Governor and
with the officials of [
the
] local government.
Chapter 18.
DRIVER EDUCATION
undesignated head
], shall have the
following meanings, unless the context clearly indicates otherwise.
be
legally licensed to operate a motor vehicle in the state of
] Texas
driver license, or if active duty United States military personnel and their
spouses, must hold a valid license from their state of permanent residence
or last duty station
and must not have been convicted of criminally
negligent homicide, driving while intoxicated, or be disabled because of mental
illness.
Subchapter B. PARENT TAUGHT DRIVER EDUCATION
to satisfy
the cost of preparing the materials, shipping, and applicable taxes
].
The request
must
[
will
] be sent to the License Issuance
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.
(b)
] The instructor will be required
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 to complete the required
sections upon completion of each phase of the training.
(c)
] The Parent Taught Driver Education
packet does not contain all required materials (i.e., [
textbooks,
]
lesson plans and other resources
) necessary to provide the driver training
course. It is the responsibility of the instructor to obtain these items as
necessary.
six hours of Unit II, "Traffic Laws," and Unit IV, "Driving
Procedures," are required to be the first six hours of instruction and must
be taught prior to the issuance of any instruction permit or providing
]
any of the laboratory phase of the Driver Education Course
, and prior
to the issuance of an instruction permit
.
A textbook approved by the Texas Education Agency for driver education is
an integral part of driver training and is a required resource.
] No
more than two hours of the required 32 clock hours of classroom instruction
may be film or videotape. More may be used but may not be counted as part
of the 32 clock hours.
NOT
] be approved
by the department if any portion of either the classroom phase or the laboratory
phase was provided to an applicant younger than 14 years of age. [
The
student must reach his 15th birthday before the classroom phase is completed.
] The student must be at least 15 years of age to be eligible for an
instruction permit and must have the permit before taking any part of the
laboratory phase of the course.
Except as noted in subsection (c)
of this section, the
] department approved course should be taught in
sequential order. It is recommended that, if the Concurrent Program is used,
the behind-the-wheel classes coincide with the related classroom instruction.
(e)
Application for an Instruction
Permit. An instruction permit must be obtained by the student PRIOR to beginning
any portion of the behind-the-wheel phase of a driver training program. The
department shall not issue any license, including an instruction permit, to
any person who is under 15 years of age. The department may issue an instruction
permit without photograph to any person 15 years of age or older but younger
than 18 years of age who has:]
(1)
satisfactorily completed and passed the classroom
phase of an approved driver training course;]
(2)
obtained a high school diploma or its equivalent;
or is a student enrolled in a public, home, or private school who attended
school for at least 80 days in the fall or spring semester preceding the date
of application; or has been enrolled for at least 45 days, and is currently
enrolled in a program to prepare persons to pass the high school equivalency
exam; and]
(3)
successfully passed all parts of the driver
examination required in the Driver License Law other than the driving test.]
(f)
When an instructor has taught
the required hours of either the block or concurrent classroom phase of a
driver education program, the instructor and the student must 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:]
(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
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.]
Subchapter C. DEPARTMENT APPROVED DRIVER EDUCATION COURSES
(a)
]
Texas Transportation Code, §521.205(a),
provides
that
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 Education Agency.
The department adopts
by reference the driver education course requirements and model program approved
by the Texas Education Agency under the guidelines set out in 19 TAC §75.1005
[
To be approved, a course must contain a minimum of the units
].
Figure: 37 TAC §18.31(a)
]
(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)
]
of the TEA Driver Education Classroom and In-Car Instruction Curriculum Guide,
] the course will be approved. The course name and address for ordering
materials will be added to the approved list, included in the Parent Taught
Driver Education Packet
. New course information will be included in the
next printing of the Parent Taught Driver Education Packet, which will occur
upon the depletion of the current stock of packets.
[
, which will
be made available upon request from the Department of Public Safety, License
Issuance 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.
]
Submitted materials will be retained
in the department files.
]
Part 3.
TEXAS YOUTH COMMISSION