Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 16.
COMMERCIAL DRIVERS LICENSE
Subchapter B. APPLICATION REQUIREMENTS AND EXAMINATIONS
37 TAC §16.40
The Texas Department of Public Safety proposes an amendment
to §16.40, concerning Application Requirements and Examinations. Recently,
the department adopted amendments to 37 TAC, §15.42 (relating to Social
Security Number) clarifying what documents an applicant must present to provide
as proof of their social security number when applying for a driver license.
The department failed at that time to make a similar change to the Commercial
Driver License section. Amendment to §16.40 provides reference to §15.42
to indicate those documents which will be acceptable for proof of Social Security
Number (SSN).
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 anticipated public benefit resulting from
adoption of the section will be to inform the public of the procedures required
of individuals to provide SSN when applying for a commercial driver license.
There is no anticipated adverse economic effect on small businesses, or micro-
businesses. The anticipated cost to individuals who are required to comply
with this section will be the actual cost of the commercial driver license.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0300, (512) 424-2768.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §522.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §522.005
are affected by this proposal.
§16.40.Completion of Application.
(a)
All spaces must be completed and all questions must be
answered on all forms required in order for the application to be accepted.
(b)
It is the responsibility of the applicant to assure that
forms requiring notarization are properly verified before persons authorized
to administer oaths.
(c)
The applicant must provide proof of his social security
number.
For a list of acceptable documents for providing the social security
number, refer to Chapter 15, §15.42(b) of this title (relating to Social
Security Number).
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(d)
All applicants must provide information relating to United
States citizenship and provide their county of residence at the time of application.
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 February 18, 2004.
TRD-200401120
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 424-2135
37 TAC §21.1
The Texas Department of Public Safety proposes amendments
to §21.1, concerning Standards for Vehicle Equipment. The section provides
specifications and performance standards for vehicle equipment to include
lamps, reflective devices, and other lighting devices; sunscreening and reflective
window devices; and safety guards or flaps. The main purpose of this rulemaking
is to implement changes resulting from the passage of Tex. S.B. 345, 78th
Leg., R.S. (2003), Ch. 136.
Amendment of §21.1 is required to implement the provision of Senate
Bill 345 that amends Texas Transportation Code, §547.613, which limits
window sunscreening devices on certain vehicle windows. Texas Transportation
Code, §547.613, as amended, requires light transmission of at least 25%
in certain vehicle windows measures in combination with both the window glass
and the sunscreening device.
Additional amendments to §21.1 provide clarifying language explaining
preemptive federal window glazing (sunscreening/window tint) standards and
the procedure to obtain a medical exemption from the department for sunscreening
devices and its limitations.
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 anticipated public benefit resulting from
adoption of the section will be uniform compliance by vehicle owners with
the statutes and regulations pertaining to vehicle equipment in the state.
The cost of compliance for small businesses, large businesses, and micro-
businesses will be the same. There is no anticipated cost to individuals.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0543; or by fax at (512) 424-2774. All
comments must be received within 20 days after publication of the proposal
in the
Texas Register
and make reference to
"Proposed Amendment to 37 TAC, §21.1" in the subject line or in the beginning
of the text.
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; Texas Transportation Code, §547.101,
which authorizes the Department of Public Safety to adopt standards for vehicle
equipment; and the provisions of Tex. S.B. 345, 78th Leg., R.S. (2003), Ch.
136.
Texas Government Code, §411.004(3) and Texas Transportation Code, §§547.101,
547.609, 547.613, and Chapter 548 are affected by this proposal.
§21.1.Standards for Vehicle Equipment.
(a)
Under §547.101 of the Texas Transportation Code,
the department may adopt standards for vehicle equipment to protect the public
and to enforce federal motor vehicle safety standards. Department standards
duplicate those of the United States that apply to the same aspect of vehicle
equipment or, if there is no federal standard, a standard issued or endorsed
by recognized national standard-setting organizations or agencies. This section
contains standards for motor vehicle equipment adopted by the department.
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(b)
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(c)
Vehicle equipment means a system, part,
or device that is manufactured or sold as original equipment, replacement
equipment, an accessory for a vehicle, or a device or article manufactured
or sold to protect a driver or passenger of a vehicle.
(d)
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(1)
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(A)
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(B)
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(C)
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(D)
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(E)
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(F)
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(G)
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(H)
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(I)
intermediate side reflex reflectors;
(J)
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(K)
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(L)
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(M)
intermediate side marker lamps;
(N)
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(O)
high-mounted stop lamp;
(P)
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(Q)
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(R)
conspicuity systems (retroreflective
and reflex reflectors for truck tractors, and trailers over 80 inches wide
and with gross vehicle weights over 10,000 pounds).
(2)
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(3)
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(4)
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(e)
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(1)
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(A)
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(B)
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(C)
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(D)
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(E)
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(F)
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(G)
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(H)
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(I)
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(2)
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(A)
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(B)
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(f)
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(1)
In this subsection, the following
words and terms have the following meanings:
(A)
Sunscreening device--A glazing, film material,
or device for reducing the effects of visible sunlight and/or preventing observation.
This does not include glazing or film material without visible tinting providing
protection from the effects of ultraviolet light because this type of sunlight
is not visible to the human eye.
(B)
Light transmittance--The ratio of the amount
of total visible light to pass through a product or material to the amount
of total visible light falling on the product or material and the glazing.
(C)
Luminous reflectance--The ratio of the amount
of total visible light that is reflected outward by a product or material
to the amount of total visible light falling on the product or material.
(D)
Driver rear visibility requirement--To meet
this requirement a motor vehicle must be equipped with outside mirrors on
both the left and right sides of the vehicle that are located so as to reflect
to the driver a view of the highway through each mirror a distance of at least
200 feet to the rear of the vehicle.
(E)
Multipurpose vehicles are those designated as
such by the vehicle manufacturer. Sports utility vehicle (SUV) or similar
terms denote the vehicle as multipurpose. Generally, it is a motor vehicle
designed to carry 10 or fewer persons constructed on either a truck chassis
or a passenger vehicle chassis, with special features for occasional off-road
use.
(2)
Originally equipped, factory
installed, and/or replacement windows meeting the specifications of the vehicle
manufacturer. Equipment standards employed in the manufacture of new motor
vehicles for first time sale are preemptive under federal law. FMVSS 205,
incorporating American National Standards Institute (ANSI) Z26.1, allows inclusion
of sunscreening device features into the glazing of vehicle safety glass.
All sunscreening devices used as standard equipment, optional equipment, or
in replacement parts, adhering to the federal standard at the time of vehicle
manufacture are authorized. In general, the amount of sunscreening devices
and other glazing features allowed under the federal standard depends on the
location of the window and the vehicle type classification. Subparagraphs
(A)-(C) provide a summary of the federal restrictions for window glazing (tint).
(A)
Windshields.
(i)
The AS-1 area is the portion of the windshield
based on driver seating configuration where the driver must have forward visibility.
(ii)
The windshield may also have a glazing shade
band for driver comfort. This shading band is generally above the AS-1 area.
(iii)
An AS-1 line indicator, if present, denotes
the boundary of the AS-1 area and the shading band. If the AS-1 line indicator
is not present, generally, the shade band should not extend further than approximately
five inches from the top of the windshield.
(iv)
The safety glass used for all vehicle windshields
below the AS-1 line must have a 70% light transmittance value.
(v)
The glazing in the shade band area may have
less than a 70% light transmittance.
(B)
Side Windows. The vehicle type determines the
specific window requirements.
(i)
Passenger vehicles.
(I)
All moveable side windows must have a 70% light
transmittance value over the entire surface area of the window.
(II)
Fixed windows to the rear of the driver may
have shading bands with less than 70% light transmittance at the uppermost
top as with the windshield.
(ii)
All buses, vans, club wagons, motor homes,
trucks and truck tractors, and multipurpose vehicles.
(I)
Side windows to the immediate left and right
of the operator must have a 70% light transmittance value over the entire
surface area of the window.
(II)
Side windows to the rear of the driver have
no restrictions on sunscreening.
(C)
Rear (back) windows for passenger, bus, van,
club wagon, motor home, truck and truck tractor, and multipurpose vehicles.
(i)
If vehicle has left and right outside mirrors
(no driver rear visibility requirement), there is no minimum light transmission
requirement.
(ii)
If vehicle is not equipped with both a left
and right side outside mirrors, the rear window must have a 70% light transmittance
value for the area used for driver visibility. A glazing shade band is authorized
at the topmost portion of the rear window, as with the windshield. The glazing
in the shade band area is authorized to have less than 70% light transmittance.
(3)
After-market sunscreening devices.
The following standards and specifications apply to after-market sunscreening
devices applied in conjunction with window glazing (vehicle safety glass)
meeting federal standards.
(A)
All installed after-market sunscreening devices
will be measured in combination with the vehicle's original equipment (window
glass).
(B)
Windshields. No after-market sunscreening devices
shall be installed, affixed, or applied to a vehicle windshield below the
AS-1 line, or five inches from the top of the windshield if the AS-1 line
annotation is not present.
(i)
If an additional sunscreening device is used
above the AS-1 area of the windshield, the light transmittance value, in combination
with the original windshield glazing, must be 25% or more.
(ii)
The luminous reflectance of any additional
sunscreening devices used above the AS-1 area of the windshield must be 25%
or less.
(iii)
An installed after-market sunscreening device
used on the windshield may not be of a red, blue, or amber color.
(C)
Side Windows. The vehicle type determines the
specific windows affected.
(i)
Passenger vehicles. All side windows of the
vehicle must have at least a 25% light transmittance value and luminous reflectance
of 25% or less, over the entire surface area of the window.
(ii)
Buses, vans, club wagons, motor homes, trucks
and truck tractors, and multipurpose vehicles. Windows to the immediate left
and right of the operator must have at least a 25% light transmittance value
and luminous reflectance of 25% or less, over the entire surface area of the
window. Side windows to the rear of the driver, both left and right, have
no minimum requirement for light transmission.
(D)
Rear (back) windows for passenger, bus, van,
club wagon, motor home, truck and truck tractor, and multipurpose vehicles.
(i)
If vehicle has left and right outside mirrors
(no driver rear visibility requirement), there is no minimum light transmission
requirement.
(ii)
If vehicle is not equipped with both a left
and right side outside mirrors, the rear window must have a 25% light transmittance
value for the area used for driver visibility value. A glazing shade band
is authorized at the topmost portion of the rear window, as with the windshield.
The shade band area is authorized to have less than 25% light transmittance.
The device must have a luminous reflectance of 25% or less.
(4)
Window covers and other window
privacy devices.
(A)
The use of curtains, blinds, drapes, or stick-on
novelty designs in the rear window or windows is not prohibited if the window(s)
are not required for driver rear visibility.
(B)
Louvered materials, when installed as designed,
shall not reduce the area of driver rear visibility below 50% as measured
on a horizontal plane. When such materials are used in conjunction with the
rear window, the measurement shall be made based upon the driver's view from
the inside rearview mirror.
(5)
This subsection does not apply
to:
(A)
a motor vehicle that is not registered in this
state;
(B)
a vehicle that is maintained by a law enforcement
agency and used for law enforcement purposes;
(C)
a vehicle that is used to regularly to transport
passengers for a fee and authorized to operate under license or permit by
a local authority;
(D)
a direction, destination, or termination sign
on a passenger common carrier motor vehicle, if the sign does not interfere
with the vehicle operator's view of approaching traffic;
(E)
a window that has a United States, state, or
local certificate placed on or attached to it as required by law;
(F)
an adjustable nontransparent sun visor mounted
forward of the side windows and not attached to the glass; and
(G)
a rearview mirror.
(6)
Medical exceptions.
(A)
Not withstanding the foregoing provisions of
this subsection, a motor vehicle operated by or regularly used to transport
any person with a medical condition which renders them susceptible to harm
or injury from exposure to sunlight or bright artificial light may be equipped,
on all the windows except the windshield, with sunscreening devices that reduces
the light transmittance to value of not less than 25%. An untinted film or
glaze may be applied to the AS-1 area of the windshield of a motor vehicle
provided the total visible light transmittance is not reduced by a value of
5%. Vehicles equipped with sunscreening devices under this medical exception
shall not be operated on any highway unless, while being so operated, the
driver or an occupant of the vehicle has in his possession a certificate issued
by the Department of Public Safety.
(B)
The Department of Public Safety shall issue
such certificates only upon application by the affected individual accompanied
by a signed statement from a licensed physician or licensed optometrist
(i)
identifying with reasonable specificity the person seeking
the certificate and
(ii)
stating that, in the physician's or optometrist's professional
opinion, the equipping of vehicle with sunscreening devices is necessary to
safeguard the health of the person seeking the certificate. Applications should
be addressed to: Texas Department of Public Safety, Texas Highway Patrol,
P.O. Box 4087, Austin, Texas 78773-0500.
(C)
Medical exemption certificates issued under
this section shall be valid so long as the condition requiring the use of
the sunscreening devices persists, the prescription expires, or until the
vehicle is sold, whichever first occurs.
(7)
Manufacturer and installer
requirements.
(A)
In this subparagraph, the following terms have
the following meaning:
(i)
Manufacturer--A person or business engaged in
the manufacturing or assembling of a sunscreening device; or fabricates, laminates,
or tempers a safety glazing material, incorporating, during the manufacturing
process, the capacity to reflect or reduce the transmission of light.
(ii)
Installer--Any person or business engaged for
hire in the installation of sunscreening device products or materials designed
to be used in conjunction with vehicle glazing material for the purpose of
reducing the effects of the sun.
(B)
Each manufacturer shall obtain certification
from the Texas Department of Public Safety of sunscreening devices used on
the side windows of passenger vehicles and windows immediately to the left
and right of the vehicle operator on all other vehicles. To obtain certification
the manufacturer will provide test results that the product or material manufactured
or assembled complies with the light transmittance and reflectivity requirements
of this section.
(C)
Each manufacturer shall provide a label with
a means for permanent and legible installation between the material and each
glazing surface to which it is applied that contains the following information:
manufacturer (name or registration number), and statement--complies with DPS,
or 37 Texas Administrative Code (TAC).
(D)
Each manufacturer shall include instructions
with the sunscreening device, product, or material for proper installation,
including the affixing of the label required by this section.
(E)
No installer or business shall apply or affix
to the windows of any motor vehicle in this state a sunscreening device that
is not in compliance with requirements of this section.
(F)
At a minimum, installers shall affix the label
described in subsection (f)(7)(C) of this section between the sunscreening
device and the lower rearward corner of the driver's left side window which
is legible from the outside of the vehicle.
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(g)
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(1)
Safety guards or flaps are required on all trucks, trailers,
or semitrailers (in combination with a towing vehicle), if the rearmost axle
of the vehicle (or combination) has four tires or more. They are not required
on buses, pole trailers, motor homes, or truck tractors.
(2)
Safety guards or flaps shall be located and suspended behind
the rearmost wheels of such vehicle or if in combination behind the rearmost
wheels of such combination to within eight inches of the surface of the roadway.
(3)
A tolerance of four inches will be allowed.
(4)
Safety guards or flaps shall be at least as wide as the
tires they are protecting.
(5)
When trailers and semitrailers are operated in combination
with a towing vehicle, safety guards or flaps will be required on the rearmost
axle of such combination.
(6)
Safety guards or flaps shall be of metal, rubber, rubberized
material, or other substantial material, capable of remaining in place back
of rear wheels by their own weight while the said vehicle is being operated.
(7)
The construction of safety guards or flaps will be such
that they will remain in proper place back of rear wheels and will be rigid
enough to prevent slush, mud, or gravel being transmitted from the vehicle's
rear wheels to the windshield of the following vehicle.
(8)
Safety guards or flaps should be securely mounted, as wide
as the tire that it is protecting, not split or torn to the extent that it
is ineffective and the bottom edge of the safety guard or flap shall be no
more than 12 inches from the surface of the roadway.
(9)
Refer to
§23.42 and
§23.78 of this
title (relating to
Inspection of Sunscreening Devices (Glass Tinting)
by Official Vehicle Inspection Stations and
Instructions and Guidelines)
for adopted vehicle inspection
procedures
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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 February 18, 2004.
TRD-200401121
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 424-2135
Subchapter A. VEHICLE INSPECTION STATION LICENSING
37 TAC §23.15
The Texas Department of Public Safety (DPS) proposes amendments
to §23.15, concerning Inspection Station and Certified Inspector Denial,
Revocation, Suspensions, and Administrative Hearings. Section 23.15 provides
the grounds for the denial, revocation, and suspension of certification for
vehicle inspection stations and inspectors, notification procedures, and rights
to an administrative hearing.
Following amendment of this section as published in the September 6, 2002
issue of the
Texas Register
(27 TexReg 8599),
the rule did not clarify whether the specified violations contained within
was an all-inclusive listing of all actionable violations. If it is, then
it would prevent the department from taking administrative action for violation
of any other rule. In addition, it would also prevent department enforcement
personnel from acting to retrain and/or give warning notices to inspection
stations and inspectors for minor violations of department approved state
inspection procedures. The proposed amendments clarify that violations listed
in the rule are not exclusive, includes additional minor violations requiring
retraining and/or warning enforcement actions, and further adds other serious
violations contained in other department rules.
In addition, the section provides the procedure for compliance with the
requirements of Texas Transportation Code, §548.405(e). This procedure
is applicable where a family member seeks certification at the same location
when another family member has lost certification there resulting from administrative
action. On several occasions upon notification of pending administrative action,
another immediate family member initiated certification application to circumvent
the action. The proposed amendment requires proof of non-involvement, an affidavit,
after the initiation of adverse administrative action to the current certificate
holder.
Finally, the proposed amendment clarifies the specific criminal convictions
under Texas Transportation Code, §548.405(a)(7)(A)-(B) during which the
department will deny inspection station operator or inspector certification
until completion of sentence.
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 significant fiscal
implications to the state or local units of 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 anticipated public benefit resulting from
adoption of the section will be improved administration of the state inspection
program and a clearer understanding of violations that subject certificate
holders to administrative action. There are no significant adverse fiscal
implications to small or micro-businesses resulting from implementing the
proposed amendment. There is no anticipated cost to individuals.
Comments on the proposal may be submitted to E. Eugene Summerford, Legal
Counsel, Vehicle Inspections and Emissions, Texas Department of Public Safety,
Box 4087, Austin, TX 78773-0543; or by fax at (512) 424-2774. All comments
must be received by 5:00 p.m. on the 21st day after publication and should
refer to "Proposed Rule 37 TAC §23.15" in the subject line or at the
beginning of the text.
The amendments are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work, and Texas Transportation Code, Chapter
548, Subchapter A, §548.002, which authorizes the department to adopt
rules to administer and enforce the compulsory inspection of vehicles, and
Subchapter G, §548.405, which allows the department to deny, revoke or
suspend the certificate of an inspection station and or inspector.
Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002
and §548.405 are affected by this proposal.
§23.15.Inspection Station and Certified Inspector Denial, Revocation, Suspensions, and Administrative Hearings.
(a)
As provided in Transportation Code, Chapter 548, §548.405,
the department may deny an application for a certificate, revoke or suspend
the certificate of a person, inspection station, or inspector, place on probation,
or reprimand a person who holds a certificate in accordance with this section.
(b)
Applicability. This section applies to any entity capable
of applying for or holding a certificate from the department to include:
(1)
a natural person,
(2)
a business association entitled to do business in the state,
including but not limited to:
(A)
a corporation,
(B)
a partnership,
(C)
a limited liability partnership, and
(D)
a limited liability company,
(3)
each member of a partnership or association issued a certificate
under this title,
(4)
each director or officer of a corporation issued a certificate
under this title, and
(5)
a shareholder that receives compensation, in the form of
a salary, from the day-to-day operation of an inspection station by a corporation
issued a certificate.
(c)
Terms and/or Definitions. Unless specifically defined in
the Texas Clean Air Act (TCAA) or in the rules of the Texas Department of
Public Safety (DPS), the terms used in this section have the meanings commonly
ascribed to them in the fields of air pollution control and vehicle inspection.
In addition to the terms that are defined by the TCAA, the following words
and terms, when used in this section, shall have the following meanings.
(1)
Suspension--means a temporary cessation of the authority
associated with the certification of an inspection station or inspector.
(2)
Revocation--means the withdrawal of the authority granted
by the department to inspect vehicles under the certificate of an inspection
station or inspector and the inability to re-apply for such a certificate
for a period of at least three years.
(3)
Lifetime Revocation--means the withdrawal of the authority
granted by the department to inspect vehicles under the certificate of an
inspection station or inspector and the inability to re-apply for such a certificate
for the lifetime of the applicant.
(4)
Warning--means a written reprimand based on a minor violation
which if repeated will result in a more severe administrative sanction.
(5)
Re-education--means to provide mandatory, additional and/or
remedial training to a certificate holder to correct errors observed or discovered
by department personnel. The technician provides this training immediately
on-site, or later as scheduling permits. It is for errors sufficient to warrant
adverse administrative action against the certificate holder but is administered
for first time infractions, as opposed to re-certification.
(A)
Re-education shall be recorded in the certificate holder's
department file. This record will contain the date of re-education, the violation
requiring re-education, and the name of the department personnel who administered
the re- education.
(B)
Re-education will not be administered again for a subsequent
Category A violation.
(6)
Re-certification--means required training and examination,
both written and practical demonstration tests, required by the department
per 37 TAC §23.61 after a holder's certificate has been suspended or
revoked.
(d)
Penalty Schedule. Pursuant to Transportation Code, Chapter
548, §548.405(h)-(i) the department will administer penalties by the
category of the violation
. The list of violations listed in this section
is not an exclusive list of violations. The department shall assess penalties
for any violations of Texas Transportation Code, Chapter 548, rules adopted
by the department, or other statutes not provided for in this section. Any
penalty assessed for a violation not provided for in this section shall be
approved by the director or designee before it is assessed.
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Figure: 37 TAC §23.15(d) (No change.)
(e)
Violation categories are as follows:
(1)
Category A.
(A)
Issuing an inspection certificate without inspecting an
item of inspection.
(B)
Issuing an inspection certificate to a vehicle without
verifying proof of financial responsibility
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(C)
Failure to complete the reverse side of an inspection certificate.
(D)
Failure to place an inspection certificate in the proper
location.
(E)
Issuing out of date inspection certificates.
(F)
Refusing to inspect a vehicle without an objective justifiable
cause, i.e. fuel leak, unsafe tires, etc.
(G)
Failure to properly safeguard inspection certificates
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(H)
Failure to properly maintain required records.
(I)
Failure to keep an adequate supply of certificates.
(J)
Failure to have at least one certified inspector on
duty during the normal working hours of the vehicle inspection station
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(K)
Failure to properly display the
official department
issued station sign,
certificate of appointment, procedure chart, and
other notices required by the department.
(L)
Failure to keep department approved inspection area clean.
(M)
Failure to issue certificates in numerical sequence
for every vehicle inspected and approved
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(N)
Failure to account for an inspection
certificate.
(O)
Failure to maintain minimum
requirements.
(P)
Issuing a certificate to a
vehicle with one failing item of inspection.
(Q)
Transferring an inspection
certificate from an old windshield to a new windshield on the same vehicle
or failing to properly affix the certificate to the windshield of a passenger
vehicle, if one is present.
(R)
Carelessly or negligently entering
incorrect vehicle information into an emission analyzer at an inspection station,
where emission testing is required by §23.93 of this title (relating
to Vehicle Emissions Inspection Requirements), resulting in a false failure
of the vehicle or the reporting of erroneous information concerning vehicle.
(S)
Subsequent violations. Determination
of second and subsequent violations is made based on previous violations in
this same category within a two year period.
(2)
Category B.
(A)
Issuing
an
inspection certificate without inspecting
the vehicle.
(B)
Improperly issuing inspection certificate to
a
vehicle
with
multiple
[
(C)
Requiring repair or adjustment not required by law, rule,
or regulation.
(D)
Refusing to allow owner to have repairs or adjustments
made at location of owner's choice.
(E)
Allowing uncertified person to conduct or participate in
the inspection of a vehicle.
(F)
Charging more than statutory fee.
(G)
Requiring an additional fee or service charge in conjunction
with the inspection.
(H)
Inspector performing inspection while under the influence
of alcohol or drugs.
(I)
Gross negligence resulting
in the failure to properly safeguard certificates and/or department issued
forms from theft or loss.
(J)
Issuing a certificate from
a location other than on the premises or licensed location authorized and
approved by the department as listed on the station application (VI- 2).
(K)
Altering a previously issued
inspection certificate to include changing the expiration numeral insert or
issuing an inspection certificate removed from another vehicle.
(L)
A fleet or government inspection
station inspector issuing an inspection certificate to an unauthorized vehicle
to include those not owned, leased, or under service contract to that entity
or personal vehicles of officers and employees of the fleet or government
station and/or the general public.
(M)
Intentionally or knowingly
preparing and/or submitting to the department a false, incorrect, incomplete,
or misleading form or report.
(N)
Issuing an inspection certificate
without inspecting multiple inspection items on the vehicle.
(O)
Issuing an inspection certificate
by using the Emissions Analyzer Access/Identification Card and/or the associated
PIN number of another inspector.
(P)
Giving, sharing, or lending
an Emissions Analyzer Access/Identification Card and/or divulging the associated
PIN number to another person without the explicit consent of appropriate department
personnel.
(3)
Category C.
(A)
Issuing more than one inspection certificate without inspecting
the vehicles.
(B)
Multiple instances of issuing inspection certificates to
vehicles with multiple defects.
(C)
Emissions testing the exhaust or electronic connector of
another (clean) vehicle fraudulently causing a vehicle to pass the emissions
test (clean piping or clean scanning).
(D)
Multiple emissions related violations on one vehicle or
violations on more than one vehicle.
(E)
Allowing a person whose certificate has been suspended
or revoked to participate in a vehicle inspection or to participate in the
operation of the inspection station where the current certificate holder was
required to provide proof as prescribed in Transportation Code, Chapter 548, §548.405(e).
(F)
Charging more than statutory fee in addition to not inspecting
vehicle.
(G)
Material misrepresentation in any application to the department
or any other information filed pursuant to Transportation Code, Chapter 548,
or department rules.
(H)
Permitting or allowing an uncertified
person to issue an inspection certificate.
(4)
Category D.
(A)
Failure to possess a valid driver's license from state
of residence.
(B)
Failure to posses an operational item of inspection equipment
required by the department.
(C)
Failure to enter into and maintain a business arrangement
with the Texas Information Management System contractor to obtain a telecommunications
link to the Texas Information Management System Vehicle Identification Database
(VID) for each vehicle exhaust gas analyzer, if in an affected county as defined
in §23.93(b)(1) of this title (relating to Vehicle Emissions Inspection
Requirements).
(D)
Conviction under the laws of this state, another state,
or the United States of any crime as detailed in subsection (f) of this section.
A conviction will be cause for denial, suspension, or revocation, under this
subsection, until after the court imposed punishment or supervision has elapsed.
For the purposes of this section, a person is convicted of an offense when
an adjudication of guilt for the offense is entered against the person by
a court of competent jurisdiction. A dismissal and discharge in a deferred
adjudication proceeding shall not be considered a conviction for the purpose
of this section.
(5)
Category E.
(A)
The following applies to inspectors and inspection stations
in which
emission testing is required by
§23.93 of this title
applies:
(i)
Failure to perform applicable emission test as required.
(ii)
Issuing an emissions inspection certificate without performing
the emissions test on the vehicle as required.
(iii)
Failure to perform the gas cap test or use of unauthorized
bypass for gas cap test.
(iv)
Issuing an emissions inspection certificate when the required
emissions adjustments, corrections, or repairs have not been made after an
inspection disclosed the necessity for such adjustments, corrections or repairs.
(v)
Falsely representing to an owner or operator of a vehicle
that an emission related component(s) must be repaired, adjusted, or replaced
in order to pass emissions inspection.
(vi)
Requiring emissions repair or adjustment not required
by law, rule or regulation.
(vii)
Tampering with the emissions system or an emission related
component in order to cause vehicle to fail emissions test.
(viii)
Refusing to allow owner to have emissions repairs or
adjustments made at location of owner's choice.
(ix)
Allowing uncertified person to conduct an emission inspection.
(x)
Charging more than the authorized emissions inspection
fee.
(xi)
Entering false information
into an emission analyzer in order to issue an inspection certificate.
(B)
The following applies to inspectors and inspection stations
in which §23.93 of this title is not applicable: issuing a safety only
inspection certificate to a vehicle required to undergo a safety and emissions
inspection without requiring a signed and legible affidavit, approved by the
department (VIE-12), from the owner or operator of the vehicle.
(f)
The department has determined a certified inspection station
and certified vehicle inspector is in a position of trust, performing a service
to members of the public where the Transportation Code, Chapter 548, requires
the public to report for vehicle inspection. Therefore, the department has
determined
that conviction of a felony or Class A or Class B misdemeanors
of
the following crimes relate directly to the duties and responsibilities
of a certified vehicle inspector and/or those for whom this section is applicable
as detailed in subsection (b) of this section.
For the purpose of this
section, this also includes a similar crime under the jurisdiction of another
state or the federal government that is punishable to the same extent as a
felony or a Class A or Class B misdemeanor in this state; or a crime under
the jurisdiction of another state or the federal government that would be
a felony or a Class A or Class B misdemeanor if the crime were committed in
this state.
Those crimes include:
(1)
any
crime
[
(2)
deceptive business practices, deceptive trade practices,
or
any criminal violation of statutes that protect consumers against
unlawful business
or trade
practices,
(3)
murder,
(4)
burglary,
(5)
robbery
[
(6)
aggravated robbery
[
(7)
aggravated
sexual assault,
(8)
indecency with a child
[
(9)
sexual assault
[
(10)
aggravated assault
[
(11)
any violent crime against a person involving knowledge
or purpose
[
(12)
theft,
[
(13)
violation of the Texas Controlled Substance Act
(Health and Safety Code, §§481.112- 481.126),
[
(14)
driving while intoxicated,
and
(15)
conviction of an offense as
detailed in Texas Transportation Code, Chapter 548, §548.601 and §548.603.
(g)
When assessing administrative penalties, the following
procedures will be observed.
(1)
Multiple certificate holders. Violations will not be aggregated
or pooled in the case of a multiple inspection station certificate holder.
The department will deny, suspend and/or revoke all certificates of a certificate
holder only if they have been found culpable in a prior adverse administrative
action resulting in a denial, suspension, or revocation.
(2)
Multiple violations. If multiple violations are found,
the department will impose separate penalties for each violation as required
by the penalty schedule. All suspensions will be served concurrently.
(3)
Subsequent violations. Determination of second and subsequent
violations is made based on previous violations in the same category.
(h)
After the department has initiated suspension or revocation
action against an inspection station, and while that action is pending, an
immediate family member of the station owner may not be certified to operate
an inspection station at that same location. If the department has suspended
or revoked the certification of an inspection station, an immediate family
member of the station owner may not be certified to operate an inspection
station at the same location
[
(i)
When there is cause to deny an application for a certificate
of any inspection station or the certificate of any person to inspect vehicles
or revoke or suspend the outstanding certificate, the director shall, in less
than 30 days before refusal, suspension, or revocation action is taken, notify
the person in writing, in person, or by certified mail at the last address
supplied to the department by the person, of the impending refusal, suspension,
or revocation, the reasons for taking that action, and of his right to an
administrative hearing for the purpose of determining whether or not the evidence
is sufficient to warrant the refusal, suspension, or revocation action proposed
to be taken by the director.
(j)
The director, without a hearing, may suspend or revoke
or refuse to issue any certificate if, within 20 days after the personal notice
of the notice is sent or notice has been deposited in the United States mail,
the person has not made a written request to the director for this administrative
hearing.
(k)
On receipt by the director of a written request of the
person within the 20 day period, an opportunity for an administrative hearing
shall be afforded as early as is practicable.
(l)
Said hearing shall be held in accordance with Texas Transportation
Code, Chapter 548, and applicable rules of the department.
(m)
On the basis of the evidence submitted at the hearing,
the director, acting for himself or upon the recommendation of his designee,
may refuse the application or suspend or revoke the certificate.
(n)
Any person dissatisfied with the action of the director,
may appeal the action of the director in accordance with Texas Transportation
Code, Chapter 548.
(o)
The department will investigate all violations of Texas
Transportation Code, Chapter 548, and all violations of rules and regulations
promulgated under Texas Transportation Code, Chapter 548.
(p)
Vehicle inspection station or certified inspector may waive
the right to an administrative hearing in writing by completing Form VI-63,
voluntary waiver of administrative hearing.
(q)
The procedure of the administrative hearing shall be covered
by the general rules of practice and procedure of the Texas Department of
Public Safety, Chapter 29 of this title (relating to Practice and Procedure),
except where other provisions are provided herein.
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 February 18, 2004.
TRD-200401122
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 424-2135
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
Social security cards issued by the United States
Government, W-2 tax forms, and payroll or employer records will be acceptable
as documentation.
]
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
Standards for vehicle equipment.
]
(1)
]
Terms and/or Definitions.
Unless specifically defined in the Texas Transportation Code, Federal Motor
Vehicle Safety Standards (FMVSS, 49 CFR Part 571), or rules adopted by the
Texas Department of Public Safety (DPS), the terms used in this section have
the meanings commonly ascribed to them in the fields of vehicle equipment
manufacture, vehicle equipment regulation, and vehicle inspection, unless
the context clearly indicates otherwise.
[
Definition. The following
words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise. Vehicle equipment means a
system, part, or device that is manufactured or sold as original equipment,
as replacement equipment, or as an accessory for a vehicle or a device or
article of apparel manufactured or sold to protect a driver or passenger of
a vehicle.
]
(2)
] Standards--
Federal Motor
Vehicle Safety Standard (FMVSS).
[
federal motor vehicle safety
standard.
] The performance standard for vehicle equipment established
by the Texas Department of Public Safety shall be identical to the applicable
federal standard.
(A)
]
Lamps, Reflective Devices,
and Associated Equipment
[
Lighting device
]--FMVSS 108:
(i)
] backup lamp;
(ii)
] clearance lamp;
(iii)
] hazard warning lamp, signal,
flashers, and switches;
(iv)
] headlamp--sealed and nonsealed
beam and housing;
(v)
] identification lamp;
(vi)
] license plate lamp;
(vii)
] parking lamp (front position
lamps);
(viii)
] reflex reflector;
(ix)
] replacement lenses;
(x)
] school bus alternating warning
lamp, signal, flashers, and switches;
(xi)
] side marker lamp;
(xii)
] stop signal lamp;
(xiii)
] tail lamp (rear position
lamps);
(xiv)
] turn signal lamp, signal,
flashers, and switches;
and
(xv)
]
Warning Devices
[
triangle warning device
]--FMVSS 125.
This standard applies to
devices, without self- contained energy sources, designed to be carried in
motor vehicles and used to warn approaching traffic of the presence of a stopped
vehicle, except for devices designed to be permanently affixed to the vehicle.
(B)
] Safety glass and glazing--FMVSS
205.
(C)
] Seat belts--FMVSS 209.
(3)
] Standards--Society of Automotive
Engineers. The performance standard for vehicle equipment established by the
Texas Department of Public Safety in which no federal standard is in effect
shall be identical to the applicable standard adopted by the Society of Automotive
Engineers (SAE).
(A)
] Lighting devices (auxiliary)--SAE:
(i)
] auxiliary low beam (passing
lamp)--J582;
(ii)
] driving lamp--J581;
(iii)
] fog lamp--J583;
(iv)
] spot lamp--J591;
(v)
] high mounted stop and turn
signal lamp--J186;
(vi)
] cornering lamp--J852;
(vii)
] side turn signal lamp--J914;
(viii)
] flashing warning lamp for
emergency vehicle- -J595;
(ix)
] 360-degree emergency warning
lamp--J845.
(B)
] Special vehicle equipment--SAE:
(i)
] warning lamp alternating flashers--J1054;
(ii)
] motorcycle auxiliary front
lamps--J1306.
(b)
]
Sunscreening, reflective,
and privacy window
[
One-way glass and sun screening
] devices.
(1)
One-way (AS-3) glass on motor
vehicles. The following regulations establish standards and specifications
for the use of one-way glass.]
(A)
One-way (AS-3) glass is safety glazing which
must meet federal motor vehicle safety standards (FMVSS 205 and 128) and American
National Standards Institute (ANSI) Z26.1-1977. The luminous reflectance and
light transmittance capacity are incorporated into the glazing during the
manufacturing process.]
(B)
Use of one-way (AS-3) glass. AS-3 safety glazing
(one-way or privacy) glass is an option available on many new motor vehicles.
It may be used anywhere in a bus, van, club wagon, truck, or truck tractor
except in the windshield and front (side) windows to the immediate right and
left of the driver, and in the rearmost window if such rearmost window is
used for driving visibility. If the vehicle is equipped with outside rearview
mirrors, then one-way (AS-3) glass may be used in the rearmost window. One-way
glass may not be used in any window, interior partition, or aperture created
for window purposes in a passenger automobile, station wagon, or taxicab.]
(2)
Sun screening device definitions.
The following words and terms, when used in this section, shall have the following
meanings, unless the context clearly indicates otherwise.]
(A)
Sun screening device--A film material or device
meeting standards adopted by the department for reducing the effects of the
sun.]
(B)
Light transmission--The ratio of the amount
of total light to pass through a product or material to the amount of total
light falling on the product or material and the glazing.]
(C)
Luminous reflectance--The ratio of the amount
of total light that is reflected outward by a product or material to the amount
of total light falling on the product or material.]
(D)
Manufacturer means either--]
(i)
A person who engages in the manufacturing or
assembling of a sun screening device; or]
(ii)
A person who fabricates, laminates, or tempers
a safety glazing material, incorporating, during the manufacturing process,
the capacity to reflect or reduce the transmission of light.]
(E)
Multipurpose vehicle--A motor vehicle designed
to carry 10 or fewer persons that is constructed either on a truck chassis
or with special features for occasional off-road use.]
(3)
Sun screening devices on motor
vehicles.]
(A)
The following regulations establish standards
and specifications for the use of sun screening devices.]
(i)
The front side wing vents and/or windows to
the immediate right and left of the driver may be applied with a sun screening
device that has a light transmission of not less than 35% and a luminous reflectance
of not more than 35%. Labeling on these windows must be provided as referred
to in paragraph (4) of this subsection. Labels on wing vents are not required.]
(ii)
Side windows which are to the rear of the
driver may be applied with a sun screening device in conjunction with glazing
(vehicle glass).]
(iii)
Rear window or windows may be applied with
a sun screening device that has a light transmission of not less than 35%
and a luminous reflectance of not more than 35% if labeling requirements are
met in paragraph (4) of this subsection. Rear windows failing to meet labeling
requirement of paragraph (4) of this subsection may be applied with sun screening
devices if the motor vehicle is equipped with outside mirrors on both the
left and right sides of the vehicle that are located so as to reflect to the
driver a view of the highway through each mirror a distance of at least 200
feet to the rear of the vehicle.]
(B)
This paragraph does not apply to a windshield
that has a sun screening device that:]
(i)
has a light transmission of not less than 33%;]
(ii)
has a luminous reflectance of not more than
35%;]
(iii)
is not red or amber in color; and]
(iv)
does not extend downward beyond the AS-1 line
or more than five inches from the top of the windshield, whichever is closer
to the top of the windshield.]
(4)
Manufacturer requirements.]
(A)
Each manufacturer shall provide a label with
a means for permanent and legible installation between the material and each
glazing surface to which it is applied that contains the following information:
manufacturer (name or registration number), and statement--complies with DPS,
or 37 Texas Administrative Code (TAC).]
(B)
Each manufacturer shall include instructions
with the product or material for proper installation, including the affixing
of the label. At a minimum, one window shall have placed in the left lower
corner between the sun screening device and the glass a label legible from
the outside of the vehicle.]
(C)
Each manufacturer shall obtain certification
of sun screening devices used on the front side wing vents and windows that
certifies to the Texas Department of Public Safety that the product or material
he or she manufactures or assembles is in compliance with the reflectivity
and transmittance requirements of this section.]
(5)
Placement of required certificates
and use of window covers.]
(A)
This section does not permit or prohibit the
use and placement of federal, state, or local certificates on any window as
are required or prohibited by applicable laws.]
(B)
The use of curtains, blinds, drapes, or stick-on
novelty designs in the rear window or windows is not prohibited.]
(C)
Louvered materials, when installed as designed,
shall not reduce the area of driver visibility below 50% as measured on a
horizontal plane. When such materials are used in conjunction with the rear
window, the measurement shall be made based upon the driver's view from the
inside rearview mirror.]
(6)
On application from a person
required for medical reasons to be shielded from the direct rays of the sun,
supported by written attestation of that fact from a licensed physician, the
Department of Public Safety may issue an exemption from the requirements of
this section for a motor vehicle belonging to the person or in which the person
is an habitual passenger. Application should be addressed to: Texas Department
of Public Safety, Traffic Law Enforcement, P.O. Box 4087, Austin, Texas 78773-0500.]
(7)
This section does not apply
to:]
(A)
an adjustable nontransparent sun visor mounted
forward of the side windows and not attached to the glass;]
(B)
a side window that is to the rear of the driver
on a multipurpose vehicle; or]
(C)
a motor vehicle that is not registered in this
state.]
(D)
a vehicle that is maintained by a law enforcement
agency and used for law enforcement purposes.]
(8)
Manufacturer's model year
of a motor vehicle 1988 and later shall comply with the provisions of Texas
Transportation Code, Subchapter 547.001, 547.609, and 547.613, and labeling
requirements promulgated in paragraph (4)(B) of this subsection.]
(c)
] Safety guards or flaps.
Rules and Regulations
Manual
].
Chapter 23.
VEHICLE INSPECTION
as
follows:
]
Performing inspection
in an unapproved inspection area
].
or
]department issued forms
, and Emissions Analyzer
Access/Identification Card and/or PIN number
.
Failure to display the official department issued station sign
].
Subsequent violations.
Determination of second and subsequent violations is made based on previous
violations in this same category within a two year period
].
more than one
] failing
items
[
item
] of inspection.
felony or misdemeanor
]
of which fraud is
an element
[
a factor
],
rape
],
child molestation
],
aggravated assault
],
any violent crime against
a person involving knowledge or purpose
],
theft
],
possession of a controlled substance
],
conviction of driving while intoxicated,
and
]
conviction
of an offense as detailed in Transportation Code, Chapter 548, §548.601
and §548.603.
]
Where the department suspends or
revokes the certification of an inspection station, an immediate family member
may not be certified to operate an inspection station at the same location
]. The department may permit certification with proof that the prior
certificate holder has no further involvement in the place of business. Proof
is established by a notarized affidavit signed by the applicant. This affidavit
must state that the previous certificate holder may not inspect vehicles,
deal with inspection customers, handle any department forms or certificate
related materials, supervise, or to any extent manage any portion of the inspection
station business. The affidavit must also contain the statement that the affiant
understands and agrees that in the event the department finds that the restricted
person is involved in the inspection business at that location, the certificate
will be revoked immediately.
Part 3.
TEXAS YOUTH COMMISSION