PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
SUBCHAPTER A. COMMERCIAL DRIVER TRAINING SCHOOL TESTING AND ISSUANCE OF INSTRUCTION PERMITS
The Texas Department of Public Safety adopts amendments to Chapter 18, §18.1 and §18.4 concerning Driver Education without changes to the proposed text as published in the October 10, 2008, issue of the Texas Register (33 TexReg 8482).
The amendment to §18.1(6) replaces "four" copies of the Texas Driver Education Certificate (form DE-964) with "three" copies. This change is necessary due to a form change initiated by the Texas Education Agency that now consists of three copies.
The amendment to §18.4(b) adds the language "or electronic records of the exam" in order to allow commercial driver training schools to administer and/or maintain an electronic record of the actual Class C Road Signs and Road Rules exam as part of the permanent student instruction record. A second amendment to §18.4(b) adds "for a period of three years from the date of the exam" in order to specify the retention schedule for commercial driver training schools to maintain exam records in the same manner as the Texas Education Agency rule, Chapter 176, §176.1016 Records, which states the schools shall maintain all student records for at least three years from the date of the exam.
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 Transportation Code, §521.165.
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 December 19, 2008.
TRD-200806621
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: January 8, 2009
Proposal publication date: October 10, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER I. COMMISSIONED SECURITY OFFICERS
The Texas Department of Public Safety adopts the repeal of §35.143, concerning Drug Testing Required for Commissioned Security Officers, without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8893).
The repeal of §35.143 is necessary due to the simultaneous filing of a new §35.143 which will simplify the administrative requirements placed on licensees relating to monitoring or controlling employee drug use.
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 December 19, 2008.
TRD-200806622
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: January 8, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety adopts new §35.143, concerning Drug-Free Workplace Policy Requirement, without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8894).
Adoption of new §35.143 is necessary in order to simplify the administrative requirements placed on licensees relating to monitoring or controlling employee drug use and is being filed simultaneously with the repeal of current §35.143.
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 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 December 19, 2008.
TRD-200806623
Stanley E. Clark
Director
Texas Department of Public Safety
Effective date: January 8, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 424-2135