TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 16. COMMERCIAL DRIVERS LICENSE

Subchapter D. SANCTIONS AND DISQUALIFICATIONS

37 TAC §16.100

The Texas Department of Public Safety proposes amendments to §16.100, concerning Sanctions and Disqualifications.

Amendments to §16.100 are necessary in order to change the name of the title and to clarify to the courts that the information in the rule is necessary at the conviction level and not the citation level.

Oscar Ybarra, 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. Ybarra also has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of enforcing the rule will be current and updated rules. There is no adverse economic impact anticipated for individuals, small businesses, or micro-businesses.

The department has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, the department is not required to complete a takings impact assessment regarding this rule.

Comments on the proposal may be submitted to Bob Burroughs, 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.

Texas Government Code, §411.004(3) is affected by this proposal.

§16.100.Information on Traffic Convictions Reported [ Citations ].

A conviction report resulting from a traffic citation issued to a person driving a commercial motor vehicle (CMV), or who is the holder of a commercial driver's license or commercial driver's learner's permit, for a violation of any law regulating the operation of vehicles on highways, must be on a form that contains the following information:

(1) the name, address, physical description, and date of birth of the party charged;

(2) the number, if any, of the person's driver's license;

(3) the registration number of the vehicle involved;

(4) whether the vehicle was a CMV as defined in Texas Transportation Code, Chapter 522;

(5) whether the vehicle was involved in the transporting of hazardous materials; and

(6) the date and nature of the offense, including whether the offense was a serious traffic violation as defined in Texas Transportation Code, Chapter 522.

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 January 10, 2007.

TRD-200700100

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: February 25, 2007

For further information, please call: (512) 424-2135