Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Subchapter D. SUMMARY SUSPENSION
The Texas Department of Public Safety adopts the repeal of §35.52, concerning Summary Suspension, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8298).
Adoption of the repeal is necessary due to the section having been rendered redundant by Tex. H.B. 2833, Acts 2007, 80th Leg., R.S. (amending Chapter 1702 of the Occupations Code).
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 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 January 18, 2008.
TRD-200800270
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts an amendment to §35.70, concerning General Administration And Examinations, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8298).
Adoption of the amendment to §35.70 is necessary in order to add language to subsection (c) to address the problem of fee payment checks that are returned for "insufficient funds."
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 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 January 18, 2008.
TRD-200800271
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §35.92, concerning Administrative Hearings, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8299).
Adoption of the amendments to §35.92 are necessary in order to redact language rendered redundant by Tex. H.B. 2833, Acts 2007, 80th Leg., R.S. (amending Chapter 1702 of the Occupations Code).
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 January 18, 2008.
TRD-200800272
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts an amendment to §35.94, concerning Administrative Hearings, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8300).
Adoption of the amendment to §35.94 is necessary in order to provide the authority for default judgments required under the State Office of Administrative Hearings' administrative rule 1 TAC §155.55(d)(2).
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 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 January 18, 2008.
TRD-200800273
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §35.171, concerning Letters of Authority, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8300).
Adoption of the amendments to §35.171 are necessary in order to clarify the scope of its regulations governing security departments of private businesses.
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 January 18, 2008.
TRD-200800274
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts an amendment to §35.181, concerning General Registration Requirements, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8301).
Adoption of the amendment to §35.181 is necessary in order to clarify the limitations of registration with the Bureau and to redact language rendered redundant by Texas House Bill 2833, Acts 2007, 80th Texas Legislature, Regular Session (amending Chapter 1702 of the Occupations Code).
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 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 January 18, 2008.
TRD-200800275
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts an amendment to §35.182, concerning General Registration Requirements, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8302).
Adoption of the amendment to §35.182 is necessary in order to render consistent the deadline related to the submission of new fingerprints with the twelve (12) month grace period currently permitted for renewals.
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 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 January 18, 2008.
TRD-200800276
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts amendments to §35.301, concerning Delegation of Authority, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8303).
Adoption of the amendments to §35.301 are necessary in order to add new paragraph (6) to subsection (a) to clarify that the Bureau manager is authorized to issue the investigative subpoenas described in §1702.367 of the Occupations Code. In addition, the title of the section has been changed in order to clarify the purpose of the section.
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 January 18, 2008.
TRD-200800277
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 7, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 424-2135