Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 15.
DRIVER LICENSE RULES
Subchapter D. DRIVER IMPROVEMENT
37 TAC §15.81, §15.89
The Texas Department of Public Safety proposes an amendment
to §15.81 and new §15.89, concerning Driver Improvement.
Amendment of §15.81 and new §15.89 are necessary due to the passage
of Texas House Bill 3588, 78th Legislature, Regular Session (2003). This bill
created the Driver Responsibility Program, Texas Transportation Code (TRC),
Chapter 708 and requires the department to identify by rule a listing of moving
violations applicable to this program and administrative actions.
Amendment to §15.81 deletes the definition of "moving violation" and
renumbers the remaining paragraphs.
New §15.89 is created to address the "moving violation" definition,
provides a table listing moving violations, and whether or not the violation
would be assessed points under the Driver Responsibility Program.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the amendment and new section 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 amendment and new section are in effect the public benefit anticipated
as a result of enforcing the proposal will be current and updated rules. There
is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0300, (512) 424-2768.
The amendment and new section are proposed pursuant to Texas
Government Code, §411.004(3), which authorizes the Public Safety Commission
to adopt rules considered necessary for carrying out the department's rules,
and Texas Transportation Code, §708.052, which requires the department
to designate offenses that constitute moving violations of the traffic law.
Texas Government Code, §411.004(3) and Texas Transportation Code, §708.052
are affected by this proposal.
§15.81.Definition of Terms.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Address of record--refers to the address established as
the licensee's residence address that is on record with the
department
[
(2)
Hearing location--will be determined by the address of
record at the time the notice of suspension is sent. However, if the licensee
denotes a new address on the request for hearing that address will be used
for setting the hearing.
(3)
Mailing address--an official address provided by the licensee
through application for an original, renewal or duplicate license.
[(4)
Moving violation--any act committed in
connection with the operation of a motor vehicle on a public street or highway,
which constitutes a hazard to traffic and is prohibited by state law or city
ordinance. Does not include violations exempt by statute.]
(4)
[
(A)
minimum of six entries (convictions for moving violations
and accidents where negligence is indicated) in a two-year period with a minimum
of 3 entries within the 12 month period proceeding the examination request;
(B)
determined by a driver improvement analyst following a
review of two or more accidents within a 12-month period in which the licensee
was at fault;
(C)
recommendation by proper medical authority following a
professional evaluation of the medical facts; or
(D)
recommendation by an experienced field representative of
the department or any law enforcement agency following a thorough investigation
showing clear and convincing evidence that such examination is reasonable
and necessary.
(5)
[
§15.89.Moving Violations.
(a)
Moving violations are defined as an act committed in connection
with the operation of a motor vehicle on a public street or highway, which
constitutes a hazard to traffic and is prohibited by state law or city ordinance.
(b)
A list of traffic offenses that constitute a moving violation
is available in Table 1.
(c)
Table 1 also indicates the moving violations that will
be assessed points under the Driver Responsibility Program, Texas Transportation
Code (TRC), Chapter 708, Subchapter B.
(1)
Not all moving violations are assessed points under the
Driver Responsibility Program, however, they may be considered for Habitual
Violator action under TRC, §521.292(a)(3).
(2)
Moving violation convictions that are assessed specific
surcharges pursuant to Texas Transportation Code, §§708.102 (intoxicated
driver offenses), 708.103 (driving while license invalid or without financial
responsibility), and 708.104 (driving without valid license), will not be
assessed points under the Driver Responsibility Program.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402247
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 16, 2004
For further information, please call: (512) 424-2135
37 TAC §§25.1 - 25.18
(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 §§25.1 - 25.18, concerning Safety Responsibility Regulations.
The sections are proposed for repeal due to substantial revisions having been
made. The last amendment to this chapter occurred in 1999, and revisions are
now needed to clearly outline and support the implementation of the Safety
Responsibility Act, Texas Transportation Code, Chapter 601. This repeal is
filed simultaneously with the proposal of new §§25.1 - 25.8 which
implement the provisions of the Safety Responsibility Act.
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 current and updated rules. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief
of Driver License, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0300, (512) 424-2768.
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, Chapter
601.
Texas Government Code, §411.004(3) and Texas Government Code, Chapter
601, are affected by this repeal.
§25.1.Accident Reports for Safety Responsibility Determinations.
§25.2.Closed Cases.
§25.3.Security.
§25.4.Insurance.
§25.5.Releases.
§25.6.Installment Agreement.
§25.7.Suspension.
§25.8.Registration Transfer.
§25.9.Demand Order.
§25.10.Enforcement.
§25.11.Hearings.
§25.12.Public Highway.
§25.13.Judgment.
§25.14.Appeals.
§25.15.Conviction Suspensions.
§25.16.Self-Insurance.
§25.17.Reciprocity.
§25.18.Reinstatement.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402245
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 16, 2004
For further information, please call: (512) 424-2135
37 TAC §§25.1 - 25.8
The Texas Department of Public Safety proposes new §§25.1
- 25.8, concerning Safety Responsibility Regulations. The new sections are
necessary in order to outline and support the implementation of the Safety
Responsibility Act, Texas Transportation Code, Chapter 601. This proposal
for new sections is filed simultaneously with the repeal of current §§25.1
- 25.18.
New §25.1 establishes the criteria for determining whether action
can be taken to suspend a driver license and/or vehicle registration in an
accident case. The department will not initiate suspension action unless proper
documentation is received for review and the suspension action can be completed
within 20 months of the accident date. The documents received are subject
to release under the Public Information Act.
New §25.2 provides the method by which the enforcement in §25.1
is processed and the types of compliance accepted for reinstatement of driver
license; provides for an administrative hearing if a written request is received
in a timely manner; indicates the types of compliance documents that are acceptable
and the fee required for reinstatement of driver license; and provides for
reinstatement of driver license after two years from the accident if no judgment
has been filed.
New §25.3 establishes the method by which suspension action is initiated
following an unsatisfied judgment and the types of compliance accepted for
reinstatement. The section further provides for suspension following a default
on a court approved installment agreement or agreed judgment and has a provision
by which a debtor can have the license reinstated by proving liability coverage
for the accident out of which the judgment arose.
New §25.4 defines the procedure for reciprocity suspension action
resulting from an out-of-state accident and what documents are acceptable
to initiate such suspensions. Also states what is acceptable as compliance
and the fee required for reinstatement.
New §25.5 establishes the criteria for suspension action following
a second or subsequent conviction for failure to maintain financial responsibility
and the compliance acceptable for reinstatement. The section further provides
for the department to waive the filing of evidence of financial responsibility
for the future if the individual can show satisfactory evidence that he was
covered by liability insurance at the time the offense occurred. Also allows
the department to suspend a driver license if the insurance company notifies
the department that the proof on file has been canceled.
New §25.6 defines the SR-22 insurance certificate; explains when it
is required and the duration of the requirement. The section also defines
the form SR-26 which must be filed by the insurance carrier to cancel the
SR-22.
New §25.7 defines self insurance; the documents necessary to establish
self insurance; and how the certificates are issued by the department.
New §25.8 outlines the cost of the reinstatement fee.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the new 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 new rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to ensure that individuals are fully informed
regarding the obligations of both the department and Texas motorists pursuant
to the Safety Responsibility Act. There is no anticipated adverse economic
effect on small businesses, or micro-businesses. The cost to individuals will
be the $100 reinstatement fee.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief
of Driver License, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0300, (512) 424-2768.
The new sections are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, Chapter
601.
Texas Government Code, §411.004(3) and Texas Transportation Code,
Chapter 601 are affected by this proposal.
§25.1.Criteria for Establishing Accident Cases for Enforcement.
(a)
No action will be taken on any accident case except where:
(1)
an officer's report resulting from an investigation of
the accident clearly indicates one driver at fault; or
(2)
a driver's accident report (ST-2) containing 2 sworn statements
from uninvolved witnesses indicates one driver at fault, and
(3)
the party at fault is not covered by liability insurance.
(b)
Itemized estimates of repair or total loss valuation report
for any vehicle or property damaged in the accident will be requested from
all parties involved.
(c)
Doctor's reports and itemized medical bills reflecting
the nature and extent of personal injuries sustained during the accident will
be requested from the parties involved.
(d)
Action will not be initiated if no documentation from either
subsection (b) or (c) of this section is received.
(e)
No case will be established unless suspension action can
be completed within 20 months of the accident date.
(f)
All documents received for review are subject to release
under the Texas Public Information Act.
§25.2.Accident Suspension Provisions.
(a)
A Notice of Suspension will be issued to the driver and/or
owner in an accident that meets the criteria in §25.1 of this title (relating
to Criteria for Establishing Accident Cases for Enforcement). The suspension
will be effective 21 days from the date of the notice unless an administrative
hearing is requested or the Department receives complete compliance as indicated
in subsection (c) of this section.
(b)
If a hearing is requested timely (within 20 days from the
date on the Notice), it will be granted pursuant to Texas Transportation Code
(TRC), §601.156. The administrative hearing will be conducted pursuant
to TRC 521 Subchapter N and §§15.81 - 15.85 of this title (relating
to Driver Improvement).
(c)
Compliance acceptable to prevent a suspension if filed
prior to the effective date of the suspension, or to lift the suspension after
the effective date is as follows:
(1)
information indicating liability insurance coverage at
the time of the accident in the form of a letter on insurance company letterhead,
(2)
evidence of settlement indicating no probability of a judgment,
such as:
(A)
a copy of the front and back of a canceled check/checks
totaling the amount of security required in the accident,
(B)
evidence that the uninsured party had been paid by another
party/parties involved or their insurance company, or
(C)
proof that the damaged vehicle was illegally parked at
the time of the accident.
(3)
form SR-11 (Release) or a properly executed document releasing
the at-fault individual from all liability. The release must be signed by
all owners of the damaged property and/or by all parties who sustained personal
injury.
(A)
the document must be notarized or signed before two uninvolved
witnesses.
(B)
if both the owner of the vehicle and the driver are suspended
under one accident case, a release of either individual is deemed a release
for both unless the release expressly states otherwise.
(4)
form SR-19 (Installment Agreement) or other similarly styled
document between the parties which must be:
(A)
executed by the uninsured party,
(B)
accepted by all parties who sustained damage in the accident,
and
(C)
signed before a notary or two witnesses.
(5)
security deposited in accordance with the original Notice
of Suspension which must be:
(A)
in cash,
(B)
by cashier's check or money order payable to the Texas
Department of Public Safety, or
(C)
by a surety bond written by an insurance company authorized
to execute surety bonds in this state, and
(D)
accompanied by form SR-22 (insurance certificate) and form
SR-22A (certification of a 6 month prepaid liability insurance policy), and
(6)
a reinstatement fee if compliance is not received within
21 days from the date on the Notice of Suspension, or
(7)
a bankruptcy petition indicating "filed" by the court or
a final order of bankruptcy along with a matrix listing the creditor/creditors
in the accident. When bankruptcy is filed in an accident case, no reinstatement
fee is required.
(d)
When the owner and operator are separate persons and each
one is required to deposit security, a joint deposit may be made with a stipulation
in writing that such deposit is on behalf of both persons required to deposit
the security and will be acceptable compliance for both the owner and operator.
If no stipulation of joint deposit is received, the deposit will be filed
on behalf of the depositor only.
(e)
Each person depositing security that must file proof of
insurance in the form of an SR-22 in his/her name, must also file form SR-22A
as stated in subsection (c)(5)(D) of this section.
(f)
Disbursement of security.
(1)
security will be released to the injured or damaged party
upon receipt of a certified copy of a judgment, form SR-42 (Transcript of
Civil Proceedings) and form SR-61 (Application for Payment of Judgments Out
of Security Deposited).
(A)
security released will be in the amount of the judgment.
(B)
if the amount of security on file does not satisfy the
judgment, the driving privileges of the negligent party will be suspended
under the judgment provisions for the balance of the judgment.
(C)
if the amount of security on file exceeds the amount of
the judgment, the depositor will be sent form SR-14 or SR-14A (Application
for Return of Security), to have the balance disbursed.
(2)
security deposit will be released to the damaged or injured
party upon receipt of form SR-11 (Release), signed by the damaged party and
form SR-45 (Release of Deposit), signed by the depositor.
(3)
security deposit will be released to the depositor or person
for whom security is deposited by showing eligibility and filing a completed
form SR-14 or SR-14A (Application for Return of Security Deposit). Eligibility
may be shown by evidence of a release from liability, two year anniversary
of accident date for initial suspensions, or two year anniversary date from
the date of deposit for suspensions based on an installment agreement in default.
(4)
if the depositor is deceased, the deposit may be released
to the person named as executor of his estate. The appropriate form/forms
as indicated in paragraph (2) or (3) of this subsection, along with a copy
of the will, or a Letter of Testamentary must be filed to have the monies
disbursed.
(g)
If an installment agreement is filed as compliance in an
accident case, upon receipt of form SR-73 (Notice of Default), the license
of the person who defaulted on the agreement will be suspended. Compliance
may be in the form of:
(1)
a release as stated in subsection (c)(3) of this section,
(2)
a security deposit as stated in subsection (c)(5) of this
section, or
(3)
an installment agreement granted by order of a court where
an agreed judgment has been rendered, and
(4)
a reinstatement fee if compliance is not received prior
to the effective date of the suspension, or
(5)
bankruptcy as stated in subsection (c)(7) of this section.
(h)
If, after two years from the accident date for initial
suspensions or two years from the date on the Notice of Default for suspensions
based on an installment agreement in default, no judgment has been filed against
the party at fault, the suspension may be withdrawn by filing form SR-60 (Application
to Waive Requirement to Deposit Security), and any required reinstatement
fee.
§25.3.Judgments.
(a)
A judgment resulting from an accident must arise out of
ownership, maintenance, or use of a motor vehicle by the judgment debtor upon
a public highway, or be a suit on a settlement agreement resulting from a
motor vehicle accident.
(b)
Action against a judgment debtor may not be taken if the
judgment is filed by the owner of a vehicle against the driver of that vehicle.
(c)
Action against a judgment debtor will not be taken unless
the department receives a certified copy of the judgment, form SR-42 (Transcript
of Civil Proceedings), and form SR-62 (Notice of Unsatisfied Judgment), from
the person requesting such action.
(d)
An Order of Suspension will be mailed to the judgment debtor.
The suspension is effective on the date of the Order.
(e)
To lift the suspension, the judgment debtor must submit
one of the following compliance items:
(1)
a release as stated in §25.2(c)(3) of this title (relating
to Accident Suspension Provisions),
(2)
an installment agreement between the judgment debtor and
the judgment creditor approved and signed by the judge in the court where
the judgment was rendered,
(3)
a form SR-84 (Judgment Creditor's Consent to Allow Licensing),
or
(4)
a bankruptcy petition indicating "filed" by the court or
a final order of bankruptcy along with a matrix listing the judgment creditor.
(f)
If a judgment was rendered within the past two years, the
debtor must also file proof of insurance in the form of an SR-22 (insurance
certificate).
(g)
A reinstatement fee is required for full compliance in
a judgment case unless the suspension was lifted due to bankruptcy proceedings.
(h)
If a suspension is withdrawn by the filing of form SR-84
(Judgment Creditor's Consent to Allow Licensing), the driving privileges can
be suspended again after 6 months by filing form SR-85 (Revocation of Judgment
Creditor's Consent).
(i)
If a person defaults on an agreed judgment or court approved
installment agreement, the license can be suspended by filing form SR-46 (Notice
of Default on Court Approved Installment Agreement) along with a certified
copy of the agreed judgment or court approved installment agreement.
(j)
If a judgment debtor was covered by liability insurance
at the time of the accident out of which the judgment arose and the insurance
company denies responsibility for payment of the judgment, the debtor is not
excused from complying with the judgment provisions of the Act unless the
judgment debtor;
(1)
files suit against the insurer to place responsibility
for payment of the judgment upon the insurer, and
(2)
furnishes to the department a certified copy of the petition,
proper insurance coverage is presumed pending the final disposition of the
suit.
§25.4.Suspension Resulting from an Out-of-State Accident or Judgment.
(a)
The department will initiate suspension action under the
reciprocity provision in the Texas Transportation Code, §601.009, upon
request by the licensing authorities from another state that a driver licensed
in Texas be suspended as a result of an accident suspension in their state.
(1)
a Notice of Suspension will be mailed to the negligent
party with an effective date 21 days from the date on the Notice.
(2)
compliance acceptable to prevent suspension prior to the
effective date of the suspension, or to lift the suspension after the effective
date is as follows:
(A)
evidence of liability insurance at the time of the accident
in the form of a letter on insurance company letterhead, or
(B)
a clearance letter with regard to the accident from the
licensing authorities in the state where the accident occurred, and
(C)
a reinstatement fee is required if the compliance is received
after the effective date of the suspension.
(b)
The department will send an Order of Suspension to the
negligent party/parties effective on the date of the Order, upon request by
the authorities from another state that a driver or owner licensed in Texas
be suspended as the result of a judgment rendered in their state.
(1)
compliance acceptable to lift the suspension is a clearance
letter with regard to the judgment from the licensing authorities in the state
where the judgment was rendered.
(2)
a reinstatement fee is required.
§25.5.Enforcement of Failure to Maintain Financial Responsibility.
(a)
Upon receipt of a second or subsequent conviction for no
liability insurance, an Order of Suspension will be mailed to the licensee.
The suspension will be effective 21 days from the date on the Order and will
continue for two years unless the department receives:
(1)
evidence of financial responsibility on the date of the
citation, or
(2)
an SR-22 (insurance certificate).
(b)
Evidence of financial responsibility for the citation date
may be shown by:
(1)
a letter on the insurance company's letterhead indicating
coverage for the date of the offense, or
(2)
a copy of a certificate issued by the department indicating
the vehicle driven or the person is self insured.
(c)
If the individual being suspended is not named on the insurance
policy used as evidence of liability coverage, a copy of the citation must
be submitted listing the vehicle covered on the policy.
(d)
If compliance in the form of an SR-22 (insurance certificate)
is filed and not received by 21st day from the date on the Order of Suspension,
a reinstatement fee will be required.
(e)
If an SR-22 (insurance certificate) is filed as compliance,
it must be maintained with the department for two years from the most recent
conviction date for which evidence of financial responsibility was required.
(1)
if the department receives notification of cancellation
of the SR-22 (form SR-26) from that insurance company, the individual's driving
privileges will be suspended until a new SR-22 (insurance certificate) is
filed or until the second anniversary date of the conviction for which proof
of financial responsibility was required.
(2)
a reinstatement fee is required for the suspension resulting
from the canceled SR-22.
§25.6.Financial Responsibility Certificate (Form SR-22).
(a)
The SR-22 (insurance certificate) is a form prescribed
by the department and issued by insurance companies when evidence of financial
responsibility must be certified. Requirements for acceptance of the filing
are:
(1)
issued by an insurance company authorized to write liability
insurance coverage for the State of Texas;
(2)
issued in the name of the person required to file to include
their driver license/identification number, date of birth, and list all owned
vehicles or indicate non-owner policy;
(3)
issued for the State of Texas;
(4)
original document signed by an authorized representative
of the insurance company; and
(5)
include the complete name of the insurance company as licensed
by the State Board of Insurance.
(b)
The SR-26 (cancellation of SR-22 insurance certificate)
is a form submitted by an insurance company to notify the department that
the SR-22 (insurance certificate) issued by that company has been canceled.
The filing of form SR-26 may initiate suspension action by the department
if the individual's driver record indicates that the SR-22 (insurance certificate)
is still required at the time the SR-26 is received.
(c)
A second filing of form SR-22 (insurance certificate) by
the same insurance carrier cancels any SR-22 (insurance certificate) previously
issued by that company and filed with the department.
(d)
To maintain compliance with statutory suspension action,
the SR-22 must remain on file for;
(1)
2 years from the date of the accident, when depositing
security as compliance for an accident case,
(2)
2 years from the date of the most recent conviction, for
conviction based suspensions, or
(3)
2 years from the date a judgment was rendered in court
for judgment cases.
(e)
If the SR-22 (insurance certificate) is required as the
result of a security deposit in an accident or default case, it must be accompanied
by form SR-22A (certification of a 6 month prepaid liability policy).
(f)
An SR-22 (insurance certificate) on file more than 2 years
will not be valid for any new conviction that requires the filing of an SR-22
(insurance certificate). To comply with the new action, the licensee will
be required to file a subsequent SR-22 (insurance certificate) or provide
documentation from the insurance company that the previous filing is still
valid.
§25.7.Self-Insurance.
(a)
Companies with 26 or more vehicles owned and registered
in their name, and who meet the minimum financial qualifications may apply
for a self-insurance certificate by submitting a completed application for
self-insurance.
(b)
The application for self-insurance includes:
(1)
a department application form which;
(A)
must be fully completed,
(B)
provide past claim history,
(C)
contact information, and
(D)
information concerning claim procedures.
(2)
the applicant company's financial statement which must
be in the form of an audit by an independent Certified Public Accountant completed
within 6 months from the date the application is filed with the department,
and
(3)
any other documentation required by the department to make
a determination as to the company's ability to satisfy claims.
(c)
The department will base its determination of the applicant's
ability to pay claims on the following:
(1)
a review of the financial statements submitted to determine
if cash, marketable securities, and accounts receivable equal the normal monthly
operating expenses plus a sum of $165,000. The $165,000 represents that amount
needed to satisfy three $55,000 claims arising from traffic accidents,
(2)
information supplied on the application regarding past
claim history, and
(3)
other information provided by the applicant demonstrating
the ability to satisfy claims.
(d)
The certificate issued by the department;
(1)
will be issued to the individual entity named on the vehicle
registration only.
(A)
if two entities are named, both entities can be named on
the certificate.
(B)
all named parties must have submitted the required financial
statements.
(2)
will contain information regarding the claim process, and
(3)
will be an agreement, signed by an authorized agent of
the entity seeking self insurance, stating the self-insurer will pay the same
judgments in the same amount as an insurer would be obligated to pay under
an owner's motor vehicle liability insurance policy up to $55,000 per accident.
(e)
Self-insurance certificates are issued for 36 months. To
maintain continuous certification, applications for renewal of a self-insurance
certificate must be submitted within 90 days of the expiration date of the
current certificate.
§25.8.Reinstatement.
When a party's license and/or registrations have been suspended, and
proof of financial responsibility is a prerequisite for withdrawal of such
suspension, a statutory reinstatement fee will be required prior to renewal
of the license and/or registrations. When a party's license and/or registrations
are suspended in several cases and proof of financial responsibility is required
in each case, only one statutory reinstatement fee will be required prior
to renewal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402246
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 16, 2004
For further information, please call: (512) 424-2135
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.8
The Texas Board of Criminal Justice proposes amendments to §151.8,
Advisory Committees. The purpose of the amendments is to make non-substantive
changes for clarification and to more accurately describe the reporting mechanism
for the Texas State Council for Interstate Adult Offender Supervision.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government. Mr. Livingston has also determined that there
will be no economic impact on persons required to comply with the rule. There
will be no effect on small and micro-businesses.
The anticipated public benefit is to enhance public safety and to comply
with state law.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendment is proposed under Texas Government Code, §2110.005
and §510.014.
Cross Reference to Statutes: Texas Government Code, §2110.005 and §510.014.
§151.8.Advisory Committees.
(a)
General. This section identifies advisory committees related
to TDCJ and established by or under state law. TDCJ Financial Services shall
annually evaluate each committee's work, usefulness, and costs of existence,
and report that information biennially to the Legislative Budget Board.
(b)
Judicial Advisory Council ("JAC"). The JAC exists pursuant
to Government Code §493.003(b). The purpose, tasks, and reporting procedure
for the JAC are described in §161.21 of this title (relating to Role
of the Judicial Advisory Council). The JAC is abolished on September 1, 2011.
(c)
Texas State
Council
for
[
(d)
Advisory Committee to the Texas Board of Criminal Justice
on Offenders with Medical or Mental Impairments ("ACOOMMI"). Pursuant to Health
and Safety Code Chapter 614, ACOOMMI shall advise the
Board
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402285
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 16, 2004
For further information, please call: (512) 463-0422
Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE CORRECTIONAL INSTITUTIONS DIVISION
37 TAC §152.15
The Texas Board of Criminal Justice proposes new §152.15,
April 2004 Additions to Capacity. The purpose of the new rule is to memorialize
proposed additions to capacity at the below-listed TDCJ units, in accordance
with the "House Bill 124" process embodied in Texas Government Code §§499.102
et seq., originally enacted at Acts 1991, 72nd Leg., ch. 655: Gurney, Holliday
and Travis units (each with an addition of 128 beds), and the Ware unit (with
an addition of 16 beds) for a total addition of 400 new beds.
The House Bill 124 process requires approval of proposed additions to capacity
by, in order: TDCJ staff, TDCJ senior management, the Board of Criminal Justice,
the Governor, and the Attorney General. In addition, the statute requires
that the procedure be accomplished through rulemaking, so the Board of Criminal
Justice will consider adoption of the proposed amendment at a subsequent meeting,
after consideration of any comments received within the requisite 30 days.
The staff of the Correctional Institutions Division, and other operational
divisions of TDCJ finds and recommends that the increases may be made without
limiting the ability of the agency to operate the affected units at the higher
capacities and provide for the matters listed in Government Code §499.102(a).
Pursuant to Government Code §499.104, these staff findings have been
independently reviewed and concurred in by the following TDCJ officials: Gary
L. Johnson, Executive Director; Doug Dretke, Correctional Institutions Division
Director; Dr. Lannette Linthicum, Health Services Division Director; Debbie
Liles, Administrative Review and Risk Management Division Director; and Brad
Livingston, Financial Services Division Director and Chief Financial Officer.
Pursuant to Government Code §499.102(b), these staff findings have
also been forwarded to the Legislative Budget Board for an estimate of the
initial cost of implementing the increases and the increases in operating
costs for the affected units for the five years immediately following the
increases in capacity. The LBB's response will be included in the adoption
preamble.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the new section will be in effect, enforcing or administering
the rules will have the following cost for state government (and none for
local government): initial retrofitting (beds, some fixtures)--$130,900.
Mr. Livingston has also determined that there will be no economic impact
on persons required to comply with the new section, and that the public benefit
expected as a result of the new section is the public safety benefit of additional
offender capacity at limited expense.
Pursuant to Government Code §499.103, notice to offenders in the affected
units will be posted, and comments will be considered prior to adoption. Public
comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new rule is proposed under Texas Government Code, §492.010,
and §499.102 et seq.
Cross Reference to Statutes: Texas Government Code §499.102 et seq.
§152.15.April 2004 Additions to Capacity.
(a)
At the Gurney and Holliday units an addition of two double
bunks in each of the 32 dormitories increases the capacity by 128 beds at
each unit.
(b)
At the Travis Unit an addition of four double bunks in
each of the 16 dormitories increases the capacity by 128 beds.
(c)
At the Ware unit an addition of 2 beds in each of the 8
dormitories increases the capacity by 16 beds.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402286
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 16, 2004
For further information, please call: (512) 463-0422
Subchapter B. SITE SELECTION AND FACILITY NAMES
37 TAC §155.21
The Texas Board of Criminal Justice proposes amendments to §155.21,
Naming of TDCJ Owned Facilities. The purpose of the amendments is to clarify
the Board's policy authority over the naming of any portion of a TDCJ facility,
such as a building or room that is part of a prison unit.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government. Mr. Livingston has also determined that there
will be no economic impact on persons required to comply with the rule. There
will be no effect on small and micro-businesses.
The anticipated public benefit is to provide recognition to individuals
who have served to enhance the criminal justice system.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendment is proposed under Texas Government Code, §492.013.
Cross Reference to Statutes: Texas Government Code, §492.013.
§155.21.Naming of TDCJ Owned [
(a)
Purpose
and Definition
. The purpose of this
section is to establish procedures for the naming of [
(b)
Policy. It is the policy of the Board to name [
(c)
Procedures.
Proposals for the naming of facilities
owned by TDCJ shall be submitted to the Board Office at P.O. Box 13084, Austin,
Texas 78711, and must include the following information in order to be considered:
(1)
location of the facility to be named;
[
[
[
[
[
[
[
[
(2)
proposed name for the facility;
[
(3)
biographical sketch of the
person if the proposed name is after a specific individual;
(4)
synopsis of the reasons, achievements,
incidents and other justification forming the basis for the recommendation;
and
(5)
if the proposed name is after
a specific individual, written approval from the individual or, if the individual
is deceased, the individual's next-of-kin.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402287
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 16, 2004
For further information, please call: (512) 463-0422
Chapter 223.
ENFORCEMENT
Department
].
(5)
] Reexamination of drivers--will
normally consist of a comprehensive review of the required examinations including
the vision, rules and signs tests, and a driving demonstration. The driving
demonstration is to determine if restrictions or limitations should be imposed,
and may be more intensive than a routine driving test. Guidelines for requiring
the reexamination include:
(6)
] Reliable report--refers to
any report that can be verified or substantiated.
Chapter 25.
SAFETY RESPONSIBILITY REGULATIONS
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
on
] Interstate Adult Offender Supervision
("the Council")
[
("CIAOS")
]. Pursuant to Government Code Chapter 510, the
Council
[
CIAOS
] shall advise the administrator for the Interstate
Compact for Adult Offender Supervision and the state's commissioner to the
Interstate Commission for Adult Offender Supervision, on the state's participation
in commission activities and the administration of the compact.
Periodic
reporting takes place through meetings held prior to or following a National
Commission meeting. Through these meetings, the administrator can discuss
issues on a national scope with the National Commissioner and the Council
can provide verbal feedback and direction.
[
The presiding officer
of the CIAOS, or a designee, shall report to the Texas Board of Criminal Justice
prior to and after each meeting of the Interstate Commission for Adult Offender
Supervision.
]
board
] and the
Director
[
director
] of the Texas
Correctional Office on Offenders with Medical or Mental Impairments ("TCOOMMI")
on matters related to offenders with medical or mental impairments. ACOOMMI
shall report to the
Board
[
board
], ordinarily through
the
Director
[
director
] of TCOOMMI, at the January
Board
[
board
] meeting in odd numbered years, and otherwise
at the request of the Chairman of the Board of Criminal Justice. ACOOMMI is
abolished on September 1, 2011.
Chapter 152.
CORRECTIONAL INSTITUTIONS DIVISION
Chapter 155.
REPORTS AND INFORMATION GATHERING Units and ] Facilities.
units and
]
facilities
owned by
[
of
] the TDCJ.
In this section,
"facilities" shall mean units, buildings and portions of units or buildings
such as individual rooms.
units
and
] facilities
owned by
[
of
] the TDCJ based upon
geographical location, function, and
/or
in recognition of
individuals
[
persons
] who have contributed to the process
of criminal justice in the State of Texas. [
Generally, the Board will
name facilities for persons whose careers or actions were important to, and
well known in, the locality of the unit/facility. However, the
]
The
Board specifically reserves the right to choose a name other than
any proposals submitted [
from the locality of the unit/facility
].
Such naming procedures do not apply to facilities merely occupied but not
actually owned by the TDCJ.
Proposals for the naming of TDCJ units and facilities shall be thoroughly
researched and coordinated as follows.
]
(A)
All proposals for the naming
of TDCJ units and facilities must include the following information to be
considered: ]
(i)
location of the unit/facility to be named;]
(ii)
proposed name for the unit/facility;]
(iii)
biographical sketch of the person;]
(iv)
synopsis of the reasons, achievements, incidents
and other justification forming the basis for the recommendation; and]
(v)
approval from the individual or, if the individual
is deceased, the individual's next-of-kin.]
(B)
TDCJ staff will maintain a
file on all requests and when necessary conduct a preliminary review of appropriate
sources to determine the merit of each proposal. Staff shall also compile
a packet of proposals for review by the Board, or a designated committee or
liaison of the Board.]
The Board
will review the proposals submitted by staff and will select a name for the
unit/facility being considered by a majority vote. Receiving public testimony
on name selection shall be at the discretion of the Chairman.
]
Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION