PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER U. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM POLICIES
The Texas Department of Public Safety adopts the repeal of §1.261, concerning Historically Underutilized Business Program Policies, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3896).
Adoption of the repeal is necessary due to substantial changes being made. Adoption of the repeal is filed simultaneously with the adoption of a new §1.261 which will promulgate the department's rules regarding Historically Underutilized Businesses.
No comments were received regarding adoption of the repeal.
The repeal 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; and Texas Government Code, §2161.003.
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 July 21, 2008.
TRD-200803710
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §1.261, concerning the Historically Underutilized Business (HUB) Program, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3897).
Adoption of new §1.261 is necessary in order to promulgate rules to comply with Texas Government Code, §2161.003, which requires the department to adopt the Comptroller's HUB Program rules as our own. The new section is being filed simultaneously with the adopted repeal of current §1.261.
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; and Texas Government Code, §2161.003.
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 July 21, 2008.
TRD-200803711
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT
The Texas Department of Public Safety adopts an amendment to §4.37, concerning Acceptance of Out-of-State Commercial Vehicle Inspection Certificate, without changes to the proposed text as published in the March 28, 2008, issue of the Texas Register (33 TexReg 2678).
Adoption of the amendment to §4.37 is necessary in order to remove the State of Arkansas from the list of jurisdictions certified by the Federal Motor Carrier Safety Administration as meeting the requirements of Title 49, Code of Federal Regulations, §396.23.
No comments were received regarding adoption of the amendment.
The amendment 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; and Texas Transportation Code, §548.002, which authorizes the department to adopt rules to administer and enforce the compulsory inspection of vehicles.
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 July 21, 2008.
TRD-200803709
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: March 28, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety adopts amendments to Chapter 6, §6.1 and §6.2, concerning General Provisions, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3897).
Adoption of the amendments to §6.1 is necessary in order to delete redundant information which is already contained in the Act and to provide for clarification. Adoption of the amendments to §6.2 is necessary in order to update the rule to reflect current statutory requirements and practices.
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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803712
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §§6.3 - 6.5, concerning General Provisions, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3899).
Adoption of repeal of the sections is necessary in order to delete redundant information which is already contained in the Act.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803713
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §§6.11 - 6.21, concerning Eligibility and Application Procedures, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3899).
Adoption of repeal of the sections is necessary in order to delete redundant information already contained in the Act or because it does not reflect current practices. Adoption of the repeals is filed simultaneously with the adoption of new §§6.11 - 6.15 which will promulgate eligibility and application procedures.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803714
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new Chapter 6, §§6.11 - 6.15, concerning Eligibility and Application Procedures, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3900).
Adoption of the new sections is necessary in order to set forth eligibility and application procedures for licensing persons to carry concealed handguns. Adoption of the new sections is filed simultaneously with the adopted repeal of current §§6.11 - 6.21.
No comments were received regarding adoption of the new sections.
The new sections 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803715
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §6.31 and §6.32, concerning Procedures on Denial of License, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3902).
Adoption of the repeal of §6.31 and §6.32 is necessary in order to delete redundant information which is already contained in the Act.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803716
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §§6.51 - 6.54, concerning Enforcement Procedures, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3902).
Adoption of the repeal of §§6.51 - 6.54 is necessary in order to delete redundant information which is already contained in the Act.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803717
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §§6.61 - 6.63, concerning Suspension and Revocation Procedures, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3903).
Adoption of the repeal of §§6.61 - 6.63 is necessary in order to delete redundant information which is already contained in the Act.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803718
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
37 TAC §§6.71 - 6.74, 6.76, 6.77, 6.79 - 6.92
The Texas Department of Public Safety adopts amendments to Chapter 6, §§6.71 - 6.74, 6.76, 6.77, 6.79 - 6.81 and new §§6.82 - 6.92, concerning Certified Handgun Instructors, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3904).
Adoption of the amendments to the sections is necessary in order to provide relevant information regarding current requirements. Adoption of the new sections is necessary in order to update the rules to reflect current statutory requirements and practices.
No comments were received regarding adoption of the amendments and new sections.
The amendments and new sections are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Texas Government Code, §411.197.
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 July 21, 2008.
TRD-200803719
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §§6.82 - 6.96, concerning Certified Handgun Instructors, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3906).
Adoption of the repeal of §§6.82 - 6.96 is necessary in order to delete redundant information which is already contained in the Act or because it does not reflect current practices.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803720
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts the repeal of Chapter 6, §§6.111 - 6.116, concerning Information and Reports, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3907).
Adoption of the repeal of §§6.111 - 6.116 is necessary in order to delete redundant information which is already contained in the Act.
No comments were received regarding adoption of the repeals.
The repeals 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 Government Code, §411.197.
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 July 21, 2008.
TRD-200803721
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER C. AMBER ALERT NETWORK FOR ABDUCTED CHILDREN
The Texas Department of Public Safety adopts amendments to §9.22, concerning the Amber Alert Network for Abducted Children, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3908).
Adoption of amendments to the section is necessary in order to update the form number needed for requesting an Amber Alert. In addition, amendments to the graphic material contained in §9.22 are necessary in order to change the form number and to outline additional information requested from local law enforcement when they request activation of the statewide Amber Alert Network. The graphic material has been revised to include a date of request, a phone number for media inquiries, and a National Crime Information Center Identification Control number for the victim, as well as reorganizing some of the information gathered about the victim and suspect.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.353(b), which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the alert system with the rules and directive to include instructions on the procedures for activating and deactivating the alert system; and Texas Government Code, §411.353(c), which requires the director to prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.
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 July 21, 2008.
TRD-200803722
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §9.32, concerning the Silver Alert Network, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3908).
Adoption of amendments to the section is necessary in order to update the form number needed for requesting a Silver Alert. In addition, amendments to the graphic material contained in §9.32 are necessary in order to outline additional information requested from local law enforcement when they request activation of the statewide Silver Alert Network. The graphic material has been revised to include an additional criterion for activation of the Silver Alert. This additional criterion confirms that local law enforcement have conducted an investigation verifying that the senior citizen's disappearance is due to his/her impaired mental condition, and that alternative reasons for the senior citizen's disappearance have been ruled out. The revised form also includes a date of request, a phone number for media inquiries, a National Crime Information Center Identification Control number, and the race of the senior citizen, as well as reorganizing some of the information gathered about the missing senior citizen.
No comments were received regarding adoption of the amendments.
The amendments are adopted pursuant to Texas Government Code, §411.383(b), which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the alert system with the rules and directive to include procedures to be used by local law enforcement; a description of the circumstances under which local law enforcement is required to report a missing senior citizen; and the procedures to be sued to notify designated media outlets in Texas.
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 July 21, 2008.
TRD-200803723
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 10, 2008
Proposal publication date: May 16, 2008
For further information, please call: (512) 424-2135