Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 7.
DIVISION OF EMERGENCY MANAGEMENT
Subchapter B. EMERGENCY MANAGEMENT PLANNING AND PREPLANNING REQUIREMENTS
37 TAC §7.12, §7.13
The Texas Department of Public Safety adopts amendments to §7.12
and §7.13, concerning Emergency Management Planning and Preplanning Requirements,
without changes to the proposed text as published in the January 31, 2003,
issue of the
Texas Register
(28 TexReg 911).
Amendment to §7.12 is necessary in order 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.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303299
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §7.27
The Texas Department of Public Safety adopts amendments to §7.27,
concerning Emergency Management Operations, without changes to the proposed
text as published in the January 31, 2003, issue of the
Texas Register
(28 TexReg 911).
Amendments to the section are necessary in order to change the title to
make it descriptive of content and also recognize the Governor's authority
to recommend protective action for the public.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Government Code, §418.042,
which requires the division of emergency management to prepare and keep current
a comprehensive state emergency management plan.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303298
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 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 adopts amendments to §18.1,
concerning Driver Training School Testing and Issuance of Instruction Permits,
without changes to the proposed text as published in the January 31, 2003,
issue of the
Texas Register
(28 TexReg 912)
and will not be republished.
Amendments to the section are necessary in order to clarify the definition
of the term "instructor" in the parent taught driver education program, to
allow for military personnel and their spouses to be eligible to provide driver
training to their children without holding a Texas driver license, and to
add for the definition of the term "Texas Driver Education Certificate."
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303300
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §§18.21 - 18.25
The Texas Department of Public Safety adopts amendments to §18.21, §18.22,
and new §§18.23-18.25 concerning Parent Taught Driver Education.
Section 18.21 and §§18.23-18.25 are adopted without changes to the
proposed text as published in the January 31, 2003, issue of the
Texas Register
(28 TexReg 913) and will not be republished. Section
18.22 is adopted with changes and will be republished.
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 by 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 have been made 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.
§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.
Written comments were received regarding the adoption of these amendments
from Patrick L. Barrett, President, Driver Ed in a Box, LLC.
Pursuant to the comments received, the department has amended rule 18.22(b)
to reflect the current TEA standard of 640 minutes of video.
The substantive comments, as well as the department's responses thereto,
are summarized below:
Comment: Why must a parent purchase course 101?
Response: The department processes all requests for the parent taught driver
education program by providing the parent taught packet. The packet includes
all necessary forms, general information about the driver license application
process, contact information regarding approved courses, and the core curriculum.
The core curriculum establishes the minimum course requirements for this program.
No changes were made as a result of this comment.
Comment: The statute does not require the department to provide a course
curriculum - only to establish the standards.
Response: Transportation Code, §521.205 requires the department to
provide for the approval of a driver education course materials that are at
least equal to those approved by the Texas Education Agency. The statute does
not prohibit the department from providing materials that meet this requirement.
No changes were made as a result of this comment.
Comment: The department will incur additional costs at the local driver
license offices to review material utilized under the department's 101 course.
Response: The proposed amendment requires the parent/instructor to present
a written instructional outline or other satisfactory evidence that the TEA
Instructional Modules were used for student instruction. This process is required
of a parent who chooses not to purchase one of the commercial programs. The
requirement allows the department employee an opportunity to determine if
all elements of the TEA module curriculum were included during it the instruction.
The department provides a tracking sheet is provided with the packet to help
the instructor keep records of all instruction hours and topics. The department
employee will be responsible for final review of the core requirements. The
department will continue to utilize the instructor certification by which
the instructor certifies that all requirements have been met. The department
does not expect to incur additional costs associated with this review. No
changes were made as a result of this comment.
Comment: Parents using course 101 are able to select their own materials.
How does the department determine if the materials selected by the parents
are approved?
Response: There is no statutory provision prohibition against the use of
additional resource materials, regardless of which driver education program
is selected by the parent. If the parent chooses to utilize course 101, they
are provided the core TEA curriculum. The decision to use supplemental material
is up to the instructor and the department is not required to review these
additional materials. If the parent chooses to supplement the training with
additional reference material, it is the parent's responsibility to ensure
that the information is current.
The standard is different, however, for commercial course providers who
wish to participate in the program. The course provider must have all materials
included in their program approved by the department. This requirement is
necessary to ensure that information an outside entity is selling to the participants
meets the minimum standards of the program. No changes were made as a result
of this comment.
Comment: The department should alter the packet and drop course 101 from
the contents and bypass the registration process.
Response: The department does not currently have plans to eliminate course
101. However, the department, by utilizing the new TEA module instructional
guide, will be offering a new course 101 upon implementation of these rules.
We will continue to review the new program for further improvements.
The department also plans to continue following the procedures associated
with the current application process. Providing the approved course and the
driver education certificate, DE-964, is not a workable alternative. The DE-
964 is utilized to provide the original driving permit. This form must be
submitted with other required documentation, such as identification documents
and verification of the social security number. The parent, as the instructor,
is required to sign the certification and provide the necessary documentation.
It is the department's opinion that tracking and maintaining the DE-964 in
the appropriate driver license office is the most effective option for managing
the parent taught program. No changes were made as a result of this comment.
Comment: The department is imposing more restrictive guidelines involving
the use of videos for instruction.
Response: The department recognizes the validity of this comment and is
amending rule 18.22(b) to reflect the current TEA standard of 640 minutes
of video.
Comment: In rule 18.23, regarding the application for the instruction permit,
only course 101 is mentioned.
Response: Course 101 is mentioned due to the requirement for the instructor
to provide additional information regarding the lesson plan and curriculum.
This is not required of the applicants who utilized one of the commercial
instruction outlines. For courses 102 and 103, the department has previously
reviewed the course materials and lesson plans and has determined that the
required elements are addressed. An instructor utilizing course 101 must provide
information to establish that instruction has been provided on all required
elements have been instructed. No changes were made as a result of this comment.
Comment: The department requires satisfactory evidence that the TEA instructional
outlines or instructional modules were used for student instruction. What
is "satisfactory evidence?"
Response: The instructor must provide thorough documentation that the instructional
outlines or modules were used for student instruction. The department chose
the general "satisfactory evidence" language to eliminate the need to have
an exhaustive list of alternatives. Under this language, the instructor can
provide lesson plans, course outlines, checklists, or other documented documentation
evidence. To be considered satisfactory, the documentation must show that
all required elements were taught. No changes were made as a result of this
comment.
Comment: Rule 18.23(10), other information as required by the department,
is very open-ended and broad.
Response: In this rule, the department is providing information on the
application for the instruction permit. Subsection (b)(10) relates to other
rules and statutes that affect the license application, such as identification
and social security number requirements. As requirements change, the department
must place additional conditions on the applicant for an instruction permit.
This subsection allows us to provide helpful information in this rule without
restricting our ability to adapt to other statutory and rule requirement changes.
No changes were made as a result of this comment.
The amendments and new sections are adopted pursuant to Texas
Government Code, §411.004(3), which authorizes the Public Safety Commission
to adopt rules considered necessary for carrying out the department's work
and Texas Transportation Code, §521.005.
§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 §18.31 of this title (relating
to Requirements for Approval of Course) prior to the instruction of any of
the laboratory phase of the Driver Education Course, and prior to the issuance
of an instruction permit.
(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.
No more than 640 minutes 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.
(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 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 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.
(d)
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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303301
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §18.23, §18.24
The Texas Department of Public Safety adopts the repeal of §18.23
and §18.24, concerning Parent Taught Driver Education, without changes
to the proposed text as published in the January 31, 2003, issue of the
Repeal of the rules is necessary due to the reorganization of all rules
regarding the Parent Taught Program. Section 18.23 is repealed and renumbered
and §18.24 is repealed and placed in §18.1 regarding definitions.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303304
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §§18.31 - 18.33
The Texas Department of Public Safety adopts amendments to §18.31
and §18.32, and new §18.33, concerning Parent Taught Driver Education.
Section 18.31 is adopted without changes to the proposed text as published
in the January 31, 2003, issue of the
Texas Register
(28 TexReg 916). Amendments to §18.32 and new §18.33 are
adopted with changes and will be republished.
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 by 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 made 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.
Written comments were received regarding the adoption of the amendments
and new section from Patrick L. Barrett, President, Driver Ed in a Box, LLC.
Pursuant to the comments received, the department has amended §18.32(d)
by replacing the word "subsequent" with "substantive." The department is also
amending §18.33 by allowing the course provider the opportunity to address
and correct issues prior to cancellation.
The substantive comments, as well as the department's responses thereto,
are summarized below:
Comment: Does §18.32(d) allow for minor changes in course materials
without pre-approval?
Response: In an attempt to stay fully apprised of the information being
offered by and under the approved courses, the department feels it is necessary
that changes to the curriculum or materials be submitted for review and approval.
However, the department agrees that minor changes that do not effect the substantive
text or curriculum requirements do not require pre-approval. Therefore, the
department is amending the rule to use the term "substantive" instead of "
subsequent" changes.
Comment: The department should set a specific time period for the review
of course materials. A period of ten days would be preferred.
Response: The department is unable to provide one specific time period
which would encompass and has chosen to provide that the department will review
process as a whole. A period of ten days, as suggested by the comment, although
not sufficient to review an entire course curriculum, would be adequate to
review a minor change. A "in a timely review" fashion. The time ensures that
proposed changes are reviewed effectively and efficiently, without the need
for establishing narrow time constraints. No changes were made as a result
of this comment.
Comments: The provisions of §18.33 that allow the department to cancel
course approval do not allow for due process.
Response: The department feels it is necessary to maintain the authority
to withdraw approval if it determines that required TEA standards are not
met or additional information is provided in an approved course curriculum
that was not included in the initial review process. However, it will certainly
be in the best interest of the program to allow the course provider the opportunity
to respond and make any needed changes prior to a final determination. Therefore,
the department has amended the rule to reflect this change.
The amendments and new section are adopted pursuant to Texas
Government Code, §411.004(3), which authorizes the Public Safety Commission
to adopt rules considered necessary for carrying out the department's work
and Texas Transportation Code, §521.005.
§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) 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.
(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 substantive
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)
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).
(b)
Prior to cancellation, the department will allow the course
provider the opportunity to address deficiencies in the curriculum and remove
the non-approved material.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303302
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
37 TAC §18.33
The Texas Department of Public Safety adopts the repeal of §18.33,
concerning Department Approved Driver Education Courses, without changes to
the proposal text as published in the January 31, 2003, issue of the
Repeal of the rule is necessary due to the lack of statutory authority
to establish an appeal process for decisions regarding the Parent Taught Program.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 29, 2003.
TRD-200303303
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: June 18, 2003
Proposal publication date: January 31, 2003
For further information, please call: (512) 424-2135
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.3, §421.9
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §421.3, concerning minimum standards set by the commission, and §421.9,
concerning designation of fire protection duties, in Chapter 421, entitled
Standards for Certification. The amendments are adopted without changes to
the proposed text published in the March 21, 2003, issue of the
Texas Register
(28 TexReg 2474) and will not be republished.
The amendments make grammatical corrections and remove references to Notice
of Employment and Change of Discipline forms.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; Texas Government Code, §419.022, which requires
reports, and §419.032 and §419.0321, which defines the appointment
of fire protection personnel and part-time fire protection employees.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 28, 2003.
TRD-200303265
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 17, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 239-4921
37 TAC §437.17, §437.19
The Texas Commission on Fire Protection (TCFP) adopts amendments
to §437.17, concerning records review fees, and §437.19, concerning
late filing penalty, in Chapter 437, entitled Fees. The amendments are adopted
without changes to the proposed text published in the March 21, 2003, issue
of the
Texas Register
(28 TexReg 2475) and
will not be republished.
The adopted amendments establish procedures for reviewing the training
records of paid in-state fire protection personnel and remove the references
to Notice of Employment and Change of Discipline forms.
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.026, which
provides the TCFP with the authority to establish and collect fees for certification.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 28, 2003.
TRD-200303264
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 17, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 239-4921
37 TAC §445.1
The Texas Commission on Fire Protection (TCFP) adopts an
amendment to §445.1, concerning entity inspections, in Chapter 445, entitled
Administrative Inspections and Penalties. The amendment is adopted without
changes to the proposed text published in the March 21, 2003 issue of the
The amendment is adopted in conjunction with the repeal of Subchapter B
in order to reorganize Chapter 445 to include under the commission's regulatory
jurisdiction, inspections of volunteer fire fighters and fire departments
that participate in one or more component areas of the voluntary regulation
program pursuant to the Texas Government Code, §419.071. As there is
no longer a distinction between volunteer fire departments and paid fire departments,
dividing the chapter into two subchapters (Subchapter A, entitled "Paid Fire
Department Inspections," and Subchapter B, entitled "Volunteer Fire Department
Inspections") is now obsolete. As of the effective date of the adopted repeals
and amendment, Chapter 445 is no longer divided into any subchapters.
There were no comments received on the proposed amendment.
The amendment is adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.071, which
defines the rules of a voluntary certification program for volunteer fire
fighters and fire departments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 28, 2003.
TRD-200303263
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 17, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 239-4921
Subchapter B. VOLUNTEER FIRE DEPARTMENT INSPECTIONS
37 TAC §§445.201, 445.203, 445.205, 445.207
The Texas Commission on Fire Protection (TCFP) adopts the
repeal of §445.201, concerning request for inspection, §445.203,
concerning report of inspection, §445.205, concerning administrative
penalties, and §445.207, concerning certificate of compliance, in Chapter
445, entitled Administrative Inspections and Penalties. The repeals are adopted
without changes to the proposed text published in the March 21, 2003, issue
of the
Texas Register
(28 TexReg 2476) and
will not be republished.
The repeals are adopted in order to reorganize Chapter 445 to include under
the commission's regulatory jurisdiction, inspections of volunteer fire fighters
and fire departments that participate in one or more component areas of the
voluntary regulation program pursuant to the Texas Government Code, §419.071.
As there is no longer a distinction between volunteer fire departments and
paid fire departments, dividing the chapter into two subchapters (Subchapter
A, entitled "Paid Fire Department Inspections," and Subchapter B, entitled
"Volunteer Fire Department Inspections") is now obsolete. As of the effective
date of the adopted repeals and amendment, Chapter 445 is no longer divided
into any subchapters.
There were no comments received on the proposed repeals.
The repeals adopted under Texas Government Code, §419.008,
which provides the TCFP with authority to propose rules for the administration
of its powers and duties; and Texas Government Code, §419.071, which
defines the rules of a voluntary certification program for volunteer fire
fighters and fire departments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 28, 2003.
TRD-200303262
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 17, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 239-4921
Subchapter C. EMERGENCY MANAGEMENT OPERATIONS
Chapter 18.
DRIVER EDUCATION
Subchapter B. PARENT TAUGHT DRIVER EDUCATION
Subchapter C. DEPARTMENT APPROVED DRIVER EDUCATION COURSES
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 437.
FEES
Chapter 445.
ADMINISTRATIVE INSPECTIONS AND PENALTIES
Chapter 445.
ADMINISTRATIVE INSPECTIONS AND PENALTIES
Chapter 449.
HEAD OF A FIRE DEPARTMENT