Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1. ORGANIZATION AND ADMINISTRATION
Subchapter H. PROFESSIONAL CONDUCT
The Texas Department of Public Safety proposes amendments to §1.114, concerning Major Infraction Applicable to Any Member. Amendments reformat the section and are necessary in order to create an ethics policy that is consistent with the recently adopted Attorney General model ethics policy promulgated under Government Code, §572.051(d).
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 has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also 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 assurance to the public that proper action will be taken against any member of the department committing a major infraction which is not considered professional conduct.
The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
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 Duncan Fox, Deputy General Counsel, Office of General Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0140, (512) 424-2890.
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.
Texas Government Code, §411.004(3) is affected by this proposal.
§1.114.Major Infraction Applicable to Any Employee [ Member ].
[(a) In compliance with the mandate of the legislature in House Bill 1938, 70th Legislature, 1987, Chapter 361, the Public Safety Commission adopted the rule set out in subsection (b) of this section, which said rule shall be applicable in all cases of the discharge, suspension, or demotion of any member of the Department.]
(a)
[
(b)
] Any of the major infractions
listed as follows may be deemed sufficient cause for the discharge,
suspension, demotion, or removal of any
employee
[
member
]
of the department of public safety:
(1) failure to abide by the Code and Canons of Ethics or the standards of ethical conduct for state employees ;
(2) violation of one or more of the 10 general orders;
(3) violation of any rule, order, requirement, or failure to follow instructions contained in department manuals;
(4) willful disobedience to any legal order properly issued to him by any superior officer to the department;
(5) willful neglect of duty;
(6) making public any investigation or proposed movement or business of the department to any unauthorized person;
(7) unnecessary and unwarranted violence to a citizen or person under arrest;
(8) use of indecent, profane, or harsh language while on duty or in uniform;
(9) unauthorized attendance while on duty at official legislative sessions;
(10) willful or inexcusable destruction or loss of state property;
(11) violations of law which are willful or inexcusable;
(12) acceptance of fees, gifts, or money contrary to the rules of the department and/or laws of the state;
(13) any act on or off duty which reflects discredit to the department of public safety; or
(14) racial profiling.
(b)
[
(c)
] The terms contained
herein are those which appear in §§1.111 - 1.113 of this
title (relating to Professional Conduct) and are intended by the public
safety commission to reflect and refer to those provisions.
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 18, 2008.
TRD-200800269
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 2, 2008
For further information, please call: (512) 424-2135