Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
Subchapter A. REGULATIONS GOVERNING HAZARDOUS MATERIALS
The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter A, §4.1, concerning Regulations Governing Hazardous Materials, without changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1046).
Adoption of the amendments to §4.1 are necessary in order to ensure that the Federal Hazardous Material Regulations, incorporated by reference in the section, reflect all amendments and interpretations issued through March 1, 2007. Additional amendments to the section are necessary in order to remove and update an outdated reference to the term ''regional highway administrator.''
On March 14, 2007, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.018, which authorizes the director to adopt all or part of the federal hazardous materials rules by reference; and Texas Transportation Code, §644.051, which authorizes the director to adopt all or part of the federal safety regulations by reference.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701359
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Chapter 4, Subchapter B, §§4.11, 4.16, and 4.21, concerning Regulations Governing Transportation Safety, without changes to the proposed text as published in the March 2, 2007, issue of the Texas Register (32 TexReg 1046).
Adoption of the amendments to §4.11 are necessary in order to ensure that the Federal Motor Carrier Safety Regulations, incorporated by reference in the section, reflect all amendments and interpretations issued through that particular date for the subchapter.
Adoption of the amendments to §4.16 are necessary in order to establish a minimum amount of administrative penalty in order to ensure that the penalty imposed has the appropriate effect of deterring future violations.
Adoption of the amendments to §4.21 are necessary because responsibility for maintaining the Valid Positive Result database, and correspondence relating to the database, has been changed from the Motor Carrier Compliance Audit (MCCA) section to the Motor Carrier Safety (MCS) Section.
On March 14, 2007, the department held a public hearing to receive comments from all interested persons regarding adoption of the amendments. No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Transportation Code, §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations, by reference.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701360
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: March 2, 2007
For further information, please call: (512) 424-2135
Subchapter A. DEFINITIONS AND GENERAL CODIS PROVISIONS
37 TAC §§28.2, 28.4, 28.5, 28.7
The Texas Department of Public Safety adopts amendments to Subchapter A, §§28.2, 28.4, 28.5, and 28.7, concerning Definitions and General CODIS Provisions, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 731).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments to §§28.2, 28.4, 28.5, and 28.7 is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701345
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
37 TAC §§28.21 - 28.23, 28.26 - 28.31
The Texas Department of Public Safety adopts amendments to Subchapter B, §§28.21 - 28.23, 28.26, 28.27, and new §§28.28 - 28.31, concerning CODIS Responsibilities of the Director, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 732).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments and new sections is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701346
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Subchapter B, §28.28, concerning Court Order, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 734).
Adoption of the repeal is necessary in order to simultaneously propose a renumbering of the section due to the simultaneous adoption of other new sections to Subchapter B concerning CODIS responsibilities.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701347
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Subchapter C, §§28.41 - 28.45, and new §28.46 and §28.47, concerning CODIS Responsibilities of the Texas Department of Criminal Justice, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 734).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments and new sections is necessary in order for general clarification of procedures, terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701348
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Subchapter C, §§28.46 - 28.48, concerning CODIS Responsibilities of the Texas Department of Criminal Justice, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 735).
Adoption of the repeals is necessary due to the simultaneous filing of new sections which have been renumbered.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701349
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Subchapter D, §§28.61 - 28.64 and new §§28.65 - 28.67, concerning CODIS Responsibilities of the Texas Youth Commission, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 736).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments and new sections is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701350
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Subchapter D, §28.65 and §28.66, concerning CODIS Responsibilities of the Texas Youth Commission, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 737).
Adoption of the repeals is necessary due to the simultaneous filing of new sections which have been renumbered.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701351
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Subchapter E, §28.81 and §28.82, concerning Forensic DNA Laboratories, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 737).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701352
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Subchapter F, §§28.91 - 28.93, and new §§28.94 - 28.98, concerning CODIS User Laboratories, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 738).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments and new sections is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701354
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Subchapter F, §§28.94 - 28.98, concerning CODIS User Laboratories, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 739).
Adoption of the repeals is necessary due to the simultaneous filing of new sections which have been renumbered.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701353
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Subchapter G, §§28.111 - 28.120, concerning DNA Database Records, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 740).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments is necessary for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701355
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
37 TAC §§28.131, 28.132, 28.135 - 28.140
The Texas Department of Public Safety adopts amendments to Subchapter H, §§28.131, 28.132, and 28.135 - 28.140, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 743).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701356
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to Subchapter I, §§28.151 - 28.154 and new §28.155, concerning Complaints, Special Review, and Administrative Action, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 746).
Due to legislation from the 79th Regular Legislative Session in HB 1068, the statutes regarding regulation of DNA laboratories were revised, including the repeal of Texas Government Code, §411.0206 and revisions to Texas Government Code, §411.144. Based on the changes to the law, adoption of the amendments and new section is necessary in order for general clarification of terminology and minimum applicable standards for forensic laboratories and other entities.
No comments were received regarding adoption of the amendments and new section.
The amendments and new section are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701357
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Subchapter I, §§28.155 - 28.157, concerning Complaints, Special Review, and Disciplinary Action, without changes to the proposal as published in the February 23, 2007, issue of the Texas Register (32 TexReg 747).
Adoption of the repeals is necessary due to the simultaneous filing of new sections which have been renumbered.
No comments were received regarding adoption of the repeals.
The repeals are adopted pursuant to Texas Government Code, §§411.0205, 411.144, 411.147, 411.152, and 411.1471, which states the director by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 10, 2007.
TRD-200701358
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: April 30, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 424-2135
Subchapter C. STANDARDS
The Texas Department of Public Safety adopts amendments to §35.36, concerning Consumer Information and Vehicle Signage, without changes to the proposed text as published in the February 9, 2007, issue of the Texas Register (32 TexReg 505).
Adoption of the amendments to §35.36 is necessary in order to clarify the rule by limiting the scope of the license number signage requirement to those vehicles on which the company name is displayed.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer this chapter.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 12, 2007.
TRD-200701386
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 2, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §35.204, concerning Pre-Employment Check, without changes to the proposed text as published in the February 9, 2007, issue of the Texas Register (32 TexReg 505).
Adoption of the amendments to §35.204 reformats the section in order to add new subsections (b) and (c). The new subsections are necessary in order to clarify the scope of the rule's requirement that an employer perform a pre-employment check on all applicants for non-commissioned security guard positions, and to require that employers keep records of this check.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer this chapter.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 12, 2007.
TRD-200701387
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 2, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §35.291, concerning Mandatory Continuing Education Courses, without changes to the proposed text as published in the February 9, 2007, issue of the Texas Register (32 TexReg 506).
Adoption of the amendments to §35.291 are necessary in order to enhance the current continuing education requirements for the private security industry.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer this chapter.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 12, 2007.
TRD-200701388
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 2, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §35.292, concerning Requirements for Continuing Education Courses, without changes to the proposed text as published in the February 9, 2007, issue of the Texas Register (32 TexReg 508).
The adoption of new §35.292 is necessary in order to specify the curriculum, instructor qualifications, and record keeping requirements for continuing education courses.
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer this chapter; and Texas Occupations Code, §1702.062, which authorizes the department to establish reasonable and necessary fees to administer this chapter.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 12, 2007.
TRD-200701389
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: May 2, 2007
Proposal publication date: February 9, 2007
For further information, please call: (512) 424-2135