Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 6.
LICENSE TO CARRY HANDGUNS
Subchapter D. TIME, PLACE, AND MANNER RESTRICTIONS ON LICENSE HOLDERS
37 TAC §§6.41 - 6.46
(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for repeal will not be published.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 Subchapter D, §§6.41 - 6.46, concerning Time, Place, and Manner
Restrictions on License Holders.
The repeal of §6.41 is deemed necessary because Texas Penal Code, §46.035,
Unlawful Carrying of Handgun by License Holder and the definition of "intoxicated"
in Texas Penal Code, §49.01 prohibit carrying of a concealed handgun
by a license holder while intoxicated. This rule is simply a restatement of
the law under Penal Code, §46.035(d).
The repeal of §6.42 is deemed necessary because Texas Penal Code, §46.035,
Unlawful Carrying of Handgun by License Holder requires a license holder to
carry the handgun concealed unless a justification defense exists under Texas
Penal Code, Chapter 9. This rule is simply a restatement of the law under
Penal Code, §46.035(a), (h).
The repeal of §6.43 is deemed necessary because Texas Government Code, §411.187,
Suspension of License and §411.205, Displaying License; Penalty, requires
a license holder carrying a concealed handgun on or about their person to
display the driver license and concealed handgun license on demand for identification
from a peace officer or magistrate. This rule is simply a restatement of the
law under Texas Government Code, §411.187(a)(2) and §411.205.
The repeal of §6.44 is deemed necessary because Texas Penal Code, §46.03,
Places Weapons Prohibited, and Texas Penal Code, §46.035, Unlawful Carrying
of Handgun by License Holder, prohibit the license holder from carrying a
concealed handgun in certain locations and give the license holders notice
that such violations are felony offenses. This rule is simply a restatement
of the law under Texas Penal Code, §46.03 and §46.035.
The repeal of §6.45 is deemed necessary because the current rule separates
out the Class A misdemeanor level offense of carrying a concealed handgun
in certain places. The current rule does not provide additional information
to license holders under Texas Government Code, §411.171
et. seq
. Since the enactment of current §6.45, the law has not
changed. The repeal of §6.45 will not deprive the public of information
and will not affect the Texas Department of Public Safety's administration
of the Concealed Handgun Licensing Statute. This rule is simply a restatement
of the law under Texas Penal Code, §46.035.
The repeal of §6.46 is deemed necessary because Texas Parks and Wildlife
Code, §62.081 gives license holders carrying concealed handguns notice
that carrying a concealed handgun on Lower Colorado River Authority lands
is a Class C misdemeanor, This rule is simply a restatement of the law under
the Texas Parks and Wildlife Code, §62.081.
Oscar Ybarra, 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. Ybarra 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 decreased confusion among license holders
following the repeals since they are a duplication of Texas Penal Code §46.03
and §46.035 and/or Texas Government Code, §411.187 and §411.205.
There is no anticipated adverse economic impact on individuals, small businesses,
or micro-businesses.
Comments on the repeals may be submitted to Jean O'Shaw, Regulatory License
Service-Legal Staff, Texas Department of Public Safety, P.O. 4143, MSC-0246,
Austin, Texas 78765-0246, (512) 424-5831.
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; Texas Government Code, §411.006(4),
which requires the Director of the Texas Department of Public Safety to adopt
rules, subject to commission approval, considered necessary for control of
the department; and Texas Government Code, §411.197, which authorizes
the department to adopt rules to administer this chapter.
The repeals affect Texas Government Code, §§411.004(3), 411.006(4)
and 411.197.
§6.41.Carry While Intoxicated.
§6.42.Failure To Conceal Handgun.
§6.43.Failure To Display License on Demand.
§6.44.Places Prohibited: Felony Violations.
§6.45.Places Prohibited: Class A Misdemeanor Violations.
§6.46.Places Prohibited: Class C Misdemeanor Violation.
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 May 24, 2005.
TRD-200502076
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 10, 2005
For further information, please call: (512) 424-2135
Chapter 341.
TEXAS JUVENILE PROBATION COMMISSION STANDARDS
Subchapter I. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
37 TAC §341.60
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Juvenile Probation Commission proposes
the repeal of §341.60 relating to electronic data interchange specifications.
The repeal is in an effort not to overlap with new proposed revisions to §341.60,
which provide structural and substantive changes and clarify existing specifications.
Lisa Capers, Deputy Executive Director, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implications
for state government or small businesses as a result of enforcement or implementation.
There will be a fiscal impact on local governments that currently do not run
the CASEWORKER system. The impact will be as a result of reprogramming current
data systems to report according to the requirements of the electronic data
interchange. The total fiscal impact to non-CASEWORKER juvenile probation
departments is unknown because each county will reconfigure their data systems
differently. The Texas Juvenile Probation Commission has contact each non-CASEWORKER
juvenile probation department and none state they would be financially unable
to make the necessary changes if the repeal and new amendments were adopted.
Ms. Capers has also determined that for each year of the first five years
the repeal is in effect, the public benefit expected as a result of the repeal
will be better, more complete and consistent juvenile justice data which can
be used to analyze the juvenile justice system. There will be no impact on
small business or individuals as a result of the repeal.
Public comments on the repeal may be submitted to Kristy Almager at the
Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
These standards are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new standards.
§341.60.TJPC Monthly Folder Extract.
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 May 25, 2005.
TRD-200502131
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 10, 2005
For further information, please call: (512) 424-6710
37 TAC §341.60
The Texas Juvenile Probation Commission proposes new §341.60
relating to electronic data interchange specifications. The proposed standards
provide structural and substantive changes and clarify existing specifications.
Lisa Capers, Deputy Executive Director, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implications
for state government or small businesses as a result of enforcement or implementation.
There will be a fiscal impact on local governments that currently do not run
the CASEWORKER system. The impact will be as a result of reprogramming current
data systems to report according to the requirements of the electronic data
interchange. The total fiscal impact to non-CASEWORKER juvenile probation
departments is unknown because each county will reconfigure their data systems
differently. The Texas Juvenile Probation Commission has contact each non-CASEWORKER
juvenile probation department and none state they would be financially unable
to make the necessary changes if the repeal and new rule were adopted.
Ms. Capers has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be better, more complete and consistent juvenile justice
data which can be used to analyze the juvenile justice system. There will
be no impact on small business or individuals as a result of the proposed
rule.
Public comments on the proposed new section may be submitted to Kristy
Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
These standards are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by these new standards.
§341.60.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract data shall include all data fields
required by TJPC Electronic Data Interchange Specifications found in the figure
below.
Figure 1: 37 TAC §341.60 (.pdf)
Figure 2: 37 TAC §341.60 (.pdf)
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 May 25, 2005.
TRD-200502132
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 10, 2005
For further information, please call: (512) 424-6710
Part 11.
TEXAS JUVENILE PROBATION COMMISSION