TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 4. COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES
SUBCHAPTER
B.
The Texas Department of Public Safety (the department) proposes amendments to §4.13, concerning Authority to Enforce, Training and Certificate Requirements. The proposed amendments simplify the structure of the rule, add clarifying language for the training and certification of certain state and local enforcement officers, clarifies that commercial vehicle inspection sites are a valid location for an inspection, and makes other conforming changes to reflect the department's practices. The amendments also update §4.13 to align with the Commercial Vehicle Safety Alliance's Operational Policy 4, titled "Inspector Training and Certification," which is adopted by the department, recognized by the Federal Motor Carrier Safety Administration, and located at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2021-07/CVSA%20Operational%Policy%2004%Revised%2004-29-2021.pdf
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton 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 this rule is efficiency in training officers to enforce the federal commercial motor vehicle regulations and clarify certain certification requirements.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks 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 the 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 Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.
Comments on this proposal may be submitted to Major Omar Villarreal, Texas Highway Patrol Division, Texas Department of Public Safety, 5805 North Lamar Blvd., Austin, Texas 78752 or by email at Omar.Villarreal@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made 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 Transportation Code, §644.003, which authorizes the department to adopt rules to administer the chapter; §644.051, which authorizes the director to adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial motor vehicles; and authorizes the director to adopt all or part of the federal safety regulations by reference; and § 644.102, which authorizes the department to establish by rule uniform standards for municipal or county enforcement of the chapter.
Texas Government Code, §411.004(3) and Texas Transportation Code, §§644.003, 644.051, and 644.102 are affected by this proposal.
§4.13.
(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
(1) Commercial vehicle inspector--
(A) An officer of the department or a noncommissioned employee of the department who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department;
(B) A municipal police officer from the cities listed in Texas Transportation Code, §644.101, acting within the territory of the municipality, who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department; and
(C) A sheriff or deputy sheriff from the counties listed in Texas Transportation Code, §644.101, acting within the territory of the county, who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department.
(2) CVSA--The Commercial Vehicle Safety Alliance.
(3) NAS--North American Standard.
(4) Operational Policy 4--The Commercial Vehicle Safety Alliance's Operational Policy 4, titled "Inspector Training and Certification."
(b) [(a)] Authority to Enforce.
(1) A commercial vehicle inspector, except for a noncommissioned employee of the department, [An officer of the department] may stop, enter, or detain on a highway, at a commercial vehicle inspection site, or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.
(2) A commercial vehicle inspector who is a non-commissioned employee of the department [that is trained and certified to enforce the federal safety regulations] may stop, enter, or detain at a commercial motor vehicle inspection site[,] or at a port of entry[,] a motor vehicle that is subject to Texas Transportation Code, Chapter 644.
(3) A commercial vehicle inspector [An officer of the department or a non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations] may prohibit the further operation of a vehicle on a highway, at a commercial vehicle inspection site, or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the NAS [North American Standard] CVSA Out-of-Service Criteria as a guideline.
(4) A commercial vehicle inspector who is certified to conduct CVSA Level VI inspections may prohibit the further operation of a vehicle transporting transuranic waste and highway route controlled quantities of radioactive materials on a highway, at a commercial vehicle inspection site, or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the CVSA Level VI Out-of-Service Criteria as guidelines.
[(4) Municipal police officers from cities listed in Texas Transportation Code, §644.10, who meet the training and certification requirements contained in subsection (b) of this section and are certified by the department may stop, enter or detain on a highway or at a port of entry within the municipality a motor vehicle that is subject to Texas Transportation Code, Chapter 644.]
[(5) Sheriffs or deputy sheriffs from counties listed in Texas Transportation Code, §644.101, who meet the training and certification requirements contained in subsection (b) of this section and are certified by the department may stop, enter or detain on a highway or at a port of entry within the county a motor vehicle that is subject to Texas Transportation Code, Chapter 644.]
[(6) A certified peace officer from an authorized municipality or county may prohibit the further operation of a vehicle on a highway or at a port of entry within the municipality or county if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard Out-of-Service Criteria as a guideline.]
(c) [(b)] Training and Certification Requirements.
(1) A commercial vehicle inspector, before being certified to enforce the Federal Motor Carrier Safety Regulations, [Certain peace officers from the municipalities and counties specified in subsection (a) of this section before being certified to enforce this article] must:
(A) successfully complete the NAS Part A and Part B Roadside Inspection Course [North American Standard Roadside Inspection Course];
(B) successfully complete the Texas Intrastate Roadside Inspection Course (Part C)[, if initial certification occurs on or after January 1, 2006, or if recertification is required under subsection (c)(4) of this section]; and
(C) participate in an on-the-job training program following completion of the NAS Part A and Part B Roadside Inspection Course [North American Standard Roadside Inspection Course] and the Texas Intrastate Roadside Inspection Course (Part C) with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4 [a minimum of 32 level I inspections]. These inspections should be completed as soon as practicable, but no later than six months after passing the Texas Intrastate Roadside Inspection Course (Part C) exam [course completion].
(2) A commercial vehicle inspector, before being certified to enforce the Hazardous Materials Regulations, [Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Hazardous Materials Regulations] must:
(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C) [North American Standard Roadside Inspection Course];
(B) successfully complete the NAS General Hazardous Materials Inspection Course; and
(C) participate in an on-the-job training program following completion of the NAS General Hazardous Materials Inspection Course [this course] with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on vehicles containing non-bulk quantities of hazardous materials [a minimum of 16 level I inspections on vehicles containing non-bulk quantities of hazardous materials]. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS General Hazardous Materials Inspection Course exam [course completion].
(3) A commercial vehicle inspector, before being certified [Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible] to enforce the Cargo Tank Inspection [Specification] requirements, must:
(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C) [North American Standard Roadside Inspection Course];
(B) successfully complete the NAS General Hazardous Materials Inspection Course;
(C) successfully complete the NAS Cargo Tank Inspection Course; and
(D) participate in an on-the-job training program following completion of the NAS Cargo Tank Inspection Course [this course] with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on vehicles transporting hazardous materials in cargo tanks conforming to the cargo tank inspection standards set forth in the current CVSA Operational Policy 4 [a minimum of 16 level I inspections on vehicles transporting hazardous materials in cargo tanks
]. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS Cargo Tank Inspection Course exam [course completion].
(4) A commercial vehicle inspector, before being certified to enforce the Other Bulk Packaging requirements, [Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the Other Bulk Packaging requirements] must:
(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C)
[North American Standard Roadside Inspection Course];
(B) successfully complete the NAS General Hazardous Materials Inspection Course;
(C) successfully complete the NAS Cargo Tank Inspection Course; and
(D) successfully complete the NAS Other Bulk Packaging Course.
(5) A commercial vehicle inspector, before being certified to enforce the Passenger Carrying Vehicle Inspection requirements, [Certain peace officers from the municipalities and counties specified in subsection (a) of this section and eligible to enforce the passenger vehicle requirements] must:
(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C) [North American Standard Roadside Inspection Course];
(B) successfully complete the NAS Passenger Carrying Vehicle Inspection Course [Passenger Vehicle Inspection Course]; and
(C) participate in an on-the-job training program following completion of the NAS Passenger Carrying Vehicle Inspection Course [this course] with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on passenger carrying vehicles, such as motorcoaches/buses [a minimum of 8 level I or V inspections on passenger vehicles such as motor coaches/buses]. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS Passenger Carrying Vehicle Inspection Course exam [course completion].
(6) A commercial motor vehicle inspector, before being certified to conduct CVSA Level VI inspections on vehicles transporting transuranic waste and highway route-controlled quantities of radioactive materials, must:
(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);
(B) successfully complete the NAS General Hazardous Materials Inspection Course; and
(C) successfully complete the CVSA Level VI Inspection Course.
(7) [(6)] When the training is provided by the department [Texas Department of Public Safety], the department may [ shall] collect fees in an amount sufficient to recover from municipalities and counties the cost of certifying its peace officers. The fees shall include:
(A) the per diem costs of the instructors established in accordance with the Appropriations Act regarding in-state travel;
(B) the travel costs of the instructors to and from the training site;
(C) all course fees charged to the department;
(D) all costs of supplies; and
(E) the cost of the training facility, if applicable.
(8) [(7)] A public or private entity desiring to train police officers in the enforcement of the Federal Motor Carrier Safety Regulations must:
(A) submit a schedule of the courses to be instructed;
(B) submit an outline of the subject matter in each course;
(C) submit a list of the instructors and the instructor's [their] qualifications to be used in the training course;
(D) submit a copy of the examination;
(E) submit an estimate of the cost of the course;
(F) receive approval from the director or the director's designee prior to providing the training course;
(G) provide a list of all peace officers attending the training course, including the peace officer's name, rank, agency, social security number, dates of the course, and the examination score; and
(H) receive from each peace officer, municipality, or county the cost of providing the training course(s).
(d) [(c)] Maintaining Certification.
(1) In order to [To] maintain the certification to enforce the Federal Motor Carrier Safety Regulations, a commercial vehicle inspector [conduct inspections and enforce the federal safety regulations, a peace officer] must:
(A) Successfully complete the required annual certification training provided by the department; and
(B) Perform the minimum number of inspections set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year and must be of the inspector's highest certified level [a minimum of 32 Level I inspections per calendar year].
[(C) If the officer is certified to perform hazardous materials inspections, at least eight inspections (Levels I, II or V) shall be conducted on vehicles containing non-bulk quantities of hazardous materials per calendar year. Level I inspections on vehicles containing non-bulk quantities of hazardous materials may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.]
[(D) If the officer is certified to perform cargo tank inspections, at least eight inspections (Levels I, II or V) shall be conducted on vehicles transporting hazardous materials in cargo tanks per calendar year. Level I inspections on cargo tank vehicles transporting hazardous materials may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.]
[(E) If the officer is certified to perform other bulk packaging inspections, the officer can use Level I inspections performed on vehicles transporting hazardous materials in other bulk packaging to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph. Level I, II or V inspections on vehicles transporting hazardous materials in other bulk packaging may also be used to satisfy the eight inspections required by subparagraph (D) of this paragraph.]
[(F) If the officer is certified to perform passenger vehicle inspections, at least eight inspections (Levels I or V) shall be conducted on passenger vehicles such as motor coaches/buses per calendar year. Level I inspections on passenger vehicles may also be used to satisfy the 32 Level I inspections required by subparagraph (B) of this paragraph.]
(2) In order to maintain the certification to enforce the Hazardous Materials Regulations, a commercial vehicle inspector must: [In the event an officer does not meet the requirements of this subsection, his or her certification shall be suspended by the department. Such suspension action will be initiated by the director or the director's designee.]
(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and
(B) perform the minimum number and level of inspections on vehicles containing bulk and/or non-bulk quantities of hazardous materials set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year.
(3) In order to maintain the certification to enforce the Cargo Tank Inspection requirements, a commercial vehicle inspector must: [To be recertified, after suspension, an officer shall pass the applicable examinations which may include the North American Standard Roadside Inspection, the Hazardous Materials Inspection Course, the Cargo Tank Inspection Course, the Other Bulk Packaging Inspection Course, and/or the Passenger Vehicle Inspection Course and repeat the specified number of inspections with a certified officer.]
(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations;
(B) maintain the certification to enforce the Hazardous Materials Regulations; and
(C) perform the minimum number and level of inspections on vehicles transporting hazardous materials in cargo tanks conforming to the cargo tank inspection standards set forth in the CVSA Operational Policy 4. These inspections must be per calendar year.
(4) In order to maintain the certification to enforce the Other Bulk Packaging requirements, a commercial vehicle inspector must: [Any officer failing any examination, or failing to successfully demonstrate proficiency in conducting inspections after allowing any certification to lapse will be required to repeat the entire training process as outlined in subsection (b) of this section.]
(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and
(B) maintain the certification to enforce the Hazardous Materials Regulations.
(5) In order to maintain the certification to enforce the Passenger Carrying Vehicle Inspection requirements, a commercial vehicle inspector must:
(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and
(B) perform the minimum number and level of inspections on passenger carrying vehicles, such as motorcoaches/buses, as set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year.
(6) In order to maintain the certification to enforce the CVSA Level VI inspections, a commercial vehicle inspector must:
(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations;
(B) maintain the certification to enforce the Hazardous Materials Regulations; and
(C) successfully complete the required biennial CVSA Level VI recertification training provided by the department.
(e) Inspections Encompassing More Than One Criterion.
(1) Inspections encompassing more than one criterion will not count toward the initial certification of more than one type of inspection.
(2) All inspections encompassing more than one criterion may be used to satisfy multiple maintenance of certification requirements for a commercial vehicle inspector, as applicable.
(3) Both the department and commercial vehicle inspectors will adhere to the "Reference Chart for Calculating Annual Certification," as set forth in the current CVSA Operational Policy 4 when determining how an inspection encompassing more than one criterion satisfies the maintenance of certification requirements.
(f) Decertification.
(1) In the event a commercial vehicle inspector does not meet the requirements of this section, the commercial vehicle inspector's certification will be revoked or rescinded by the department. Such action will be initiated by the director or the director's designee.
(2) To be recertified after a certification is revoked or rescinded, a commercial vehicle inspector must, at the discretion of the director or the director's designee, either successfully recomplete the applicable course(s) or pass the applicable examination(s) which may include the NAS Part A and Part B Roadside Inspection Course, the Texas Intrastate Roadside Inspection Course (Part C), the NAS General Hazardous Materials Inspection Course, the NAS Cargo Tank Inspection Course, the NAS Other Bulk Packaging Inspection Course, the NAS Passenger Carrying Vehicle Inspection Course, and/or the CVSA Level VI Inspection Course, and repeat the specified number of inspections set forth within the current CVSA Operational Policy 4 with a certified officer.
(3) A commercial vehicle inspector who fails any examination or fails to successfully demonstrate proficiency in conducting inspections after allowing any certification to lapse, will be required to repeat the entire training process as outlined in subsection (c) of this section.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 7, 2025.
TRD-202502801
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 424-5848
CHAPTER 12. COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM
SUBCHAPTER
B.
The Texas Department of Public Safety (the department) proposes amendments to §12.11, concerning Application for License. The proposed rule amendment implements House Bill 46, 89th Leg., R.S. (2025), by establishing a timeline for reviewing and taking action on a license application and making other conforming changes.
House Bill 46 expands the Texas Compassionate-Use Program by mandating that the department issue 15 dispensing organization licenses; currently, three exist. The bill sets out the timeline with respect to issuing the remaining dispensing organization licenses. Nine new dispensing organizations must be licensed by the department no later than December 1, 2025, from applications submitted before July 1, 2025. Three more dispensing organizations must be licensed by the department no later than April 1, 2026, from applications submitted at any time.
However, House Bill 46 also requires the director to adopt rules to establish a timeline for reviewing and taking action on dispensing organization licenses. Therefore, this rule is amended to establish the timeline applicable to issuing a license after all 15 dispensing organization licenses have been issued in accordance with the timeline established by House Bill 46. The timeline identified in the proposed rule will apply when any one or more of the 15 dispensing organization licenses issued under House Bill 46 is revoked or otherwise vacated and is available to be opened to new license applicants.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton 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 this rule will be the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the Compassionate-Use Program.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks 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 the 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 Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made 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 Health and Safety Code, §487.052, which requires the director to adopt rules necessary for the administration and enforcement of Texas Health and Safety Code, Chapter 487; §487.104(f), which requires the director to adopt rules to establish a timeline for reviewing and taking action on an application submitted; and House Bill 46, 89th Leg., R.S. (2025).
Texas Government Code, §411.004(3); Texas Health and Safety Code, §487.052; and §487.104(f) are affected by this proposal.
§12.11.
(a) Application for license as a dispensing organization may only be made in the manner determined by the department.
(1) The department will provide public notice on its website and in the Texas Register of an open application period when one or more of the fifteen statutorily authorized dispensing organization licenses become available to be issued.
(2) The department will provide an open application period of at least 90 days from the date of providing public notice.
(3) The department will complete its review of applications within 180 days of the close of the application period. Upon completion of the department's review of all applications, the department will notify the selected applicant(s) of the department's conditional approval of the application under subsection (c) of this section.
(b) A complete application must include the items detailed in this subsection, in a manner determined by the department:
(1) Proof of ownership and current status in the manner required by the department, including but not limited to a current Certificate of Existence or Certificate of Authority from the Texas Office of the Secretary of State and a Certificate of Good Standing from the Texas Comptroller of Public Accounts;
(2) All application fees required under §12.14 of this title (relating to Application and Licensing Fees and Method of Payment);
(3) Names, dates of birth, addresses, and all other information required by the department necessary to verify the identity of all directors, owners, managers, members, and employees of the applicant;
(4) Criminal history disclosure of all convictions and deferred adjudications for each individual listed on the application as directors, owners, managers, members, and employees of the dispensing organization;
(5) Complete registration applications for all directors, owners, managers, members, and employees submitted in the manner approved by the department and in compliance with §12.12 of this title (relating to Application for Registration);
(6) Proof of commercial general liability insurance coverage against claims of liability for damage to property of third parties and for personal injuries to third parties, including bodily injury, property damage, and product liability, with limits of:
(A) $1,000,000 each occurrence;
(B) $2,000,000 General Aggregate limit; and
(C) $1,000,000 Product Liability.
(7) Evidence of the qualifications detailed in this paragraph as determined at the time of the required onsite inspection, in the manner determined by the department:
(A) The technical and technological ability to cultivate, process, and/or dispense low-THC cannabis, evidenced by experience in the areas of:
(i) Cultivation, analytical organic chemistry and micro-biology, [;] and analytical laboratory methods; and
(ii) Patient education, [and] interaction, and the handling of confidential information including familiarity with the requirements of the Health Insurance Portability and Accountability Act (HIPAA).
(B) The ability to secure the premises, resources, and employees necessary to operate as a dispensing organization, evidenced by:
(i) Descriptions of all properties applicant proposes to utilize to cultivate, process, store, and dispense low-THC cannabis, including ownership information for the properties;
(ii) The address and description of any satellite location that will be used by the applicant for secure storage of low-THC cannabis;
(iii) [(ii)] Descriptions of the methods proposed for the cultivation, processing, storing, and dispensing of low-THC cannabis;
(iv) [(iii)] Descriptions of the types and locations of worker safety equipment and plans and procedures for complying with federal Occupational Safety and Health Administration (OSHA) regulations for workplace safety;
(v) [(iv)] A list of current and proposed staff, including[,] position, duties, and responsibilities, and an organizational chart illustrating the supervisory structure of the dispensing organization;
(vi) [(v)] Description of the applicant's proposed testing laboratory[,] and description of the proposed testing protocols and methods;
(vii) [(vi)] A proposal establishing the ability to secure premises reasonably located to allow patient access through existing infrastructure; and
(viii) [(vii)] Department approved acknowledgments executed by the applicant's directors, owners, managers , members, and employees indicating familiarity with the federal laws governing marihuana [marijuana] and its interstate transportation.
(C) The ability to maintain accountability of all raw materials, finished products, and any by-products to prevent diversion or unlawful access to or possession of these substances, evidenced by:
(i) Floor plan of each facility or proposed floor plans for proposed facilities, including:
(I) Locking options for all means of ingress and egress consistent with life safety requirements;
(II) Alarm systems;
(III) Video surveillance;
(IV) Name, layout , and function of each room; and
(V) Storage, including safes and vaults.
(ii) Diversion prevention procedures;
(iii) Emergency management plan;
(iv) System for tracking source plant material throughout cultivation, processing, storing, and dispensing;
(v) Inventory control system as required by §12.8 of this title (relating to Inventory Control System);
(vi) Policies and procedures for recordkeeping;
(vii) Electronic vehicle tracking systems;
(viii) Vehicle security systems;
(ix) Methods of screening and monitoring employees;
(x) Employee qualifications and experience with chain of custody or other tracking mechanisms;
(xi) Waste disposal plan;
(xii) Recall procedures for any product that has a reasonable probability of causing adverse health consequences based on a testing result, patient reaction, or other reason; and
(xiii) Access to specialized resources or expertise regarding data collection, security, and tracking.
(D) Infrastructure reasonably located to dispense low-THC cannabis to registered patients, evidenced by:
(i) Map showing the location of the applicant's proposed dispensing facilities with streets, [;] property lines, [;] buildings, [;] parking areas, [;] outdoor areas[,] if applicable, [;] fences, [;] security features, [;] fire hydrants[,] if applicable, [;] and access to water and sanitation systems;
(ii) Floor plan of the actual or proposed building or buildings where dispensing activities will occur showing areas designed to protect patient privacy and areas designed for retail sales[,] with proposed hours of operation;
(iii) HIPAA compliant computer network utilized by all facilities;
(iv) Identifying descriptions of any vehicles to be used to transport product; and
(v) Description of all communication systems.
(E) The financial ability to maintain operations for two (2) years from the date of application, evidenced by:
(i) Applicant's business organization[,] and corporate structure if applicable;
(ii) List of all owners of any non-corporate applicant[,] or all shareholders of a corporate applicant;
(iii) All individuals and entities with control over the applicant;
(iv) Projected two (2) year budget; and
(v) Description of available assets sufficient to support the dispensing organization activities.
(c)
Subsequent to the submission of all information and documentation required by subsection (b)(1) - (6) of this section and the conditional approval of the application, the department will conduct an onsite inspection to confirm applicant's compliance with the requirements of subsection (b)(7) of this section and of this chapter generally. The applicant must pass the inspection prior to licensure. Failure to pass the inspection will result in notification of the basis for the failure. Failure to address the basis for the failure within sixty (60) days of notice may result in the denial of the application[,] pursuant to §12.15 of this title (relating to Denial of Application for License). Upon request of the applicant, the department may extend the period to address the basis for the failure for one (1) additional thirty (30) day period.
[(d) Failure of an applicant to submit all information and documentation required by subsection (b)(1) - (6) of this section will result in notification of the deficiency. Applicant will have ninety (90) days from the date of notice to address the deficiency. Upon request of the applicant, the department may extend the period to address the deficiency for one (1) additional ninety (90) day period. If an applicant fails to provide all required application materials, or fails to respond to a request by the department for additional information necessary to process the application, the application will be terminated. Following the termination of an application, a new application, including a new application fee, must be submitted.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 7, 2025.
TRD-202502802
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 424-5848
SUBCHAPTER
C.
The Texas Department of Public Safety (the department) proposes amendments to §12.23, concerning Revocation. The proposed rule amendment implements House Bill 46, 89th Leg., R.S. (2025), by authorizing revocation for a dispensing organization license for failing to begin dispensing low-THC cannabis within 24 months of license issuance or failing to continue dispensing low-THC cannabis during the term of the license.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton 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 this rule will be the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the Compassionate-Use Program.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks 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 the 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 Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation but does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made 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 Health and Safety Code, §487.052, which requires the director to adopt rules necessary for the administration and enforcement of Texas Health and Safety Code, Chapter 487; §487.1045(b), which requires the director to adopt rules to revoke the license of a dispensing organization that does not dispense low-THC cannabis within the time required by this section or that discontinues dispensing low-THC cannabis during the term of the license and to monitor whether a dispensing organization is using a license issued to dispense low-THC cannabis; and House Bill 46, 89th Leg., R.S. (2025).
Texas Government Code, §411.004(3); Texas Health and Safety Code, §487.052; and §487.1045(b) are affected by this proposal.
§12.23.
(a) The department may revoke a license or registration if the licensee or registrant:
(1) Is found to have performed a regulated function prior to issuance of the license or registration;
(2) Misrepresents a material fact in any application to the department or any other information filed pursuant to the Act or this chapter;
(3) Prepares or submits to the department false, incorrect, incomplete or misleading forms or reports on multiple occasions;
(4) Performs a regulated function while suspended;
(5) Exhibits a pattern of misconduct evidenced by previous violations for which previous suspensions have been inadequate to affect compliance;
(6) Is convicted of a disqualifying felony or misdemeanor offense pursuant to §12.3 of this title (relating to Criminal History Disqualifiers);
(7) Violates §§481.120, 481.121, 481.122, or 481.125 of the Texas Health and Safety Code; [or]
(8) Fails to begin dispensing low-THC cannabis within 24 months of license issuance or fails to continue dispensing low-THC cannabis during the term of the license; or
(9) [(8)] Submits to the department a payment that is dishonored, reversed, or otherwise insufficient or invalid.
(b) Following notification of the violation, the licensee or registrant will be provided with thirty (30) days to address the violation or request a hearing by submitting the request electronically through the department's website or as otherwise determined by the department. If a hearing is requested, the department will schedule a hearing before SOAH.
(c) An [Except as provided in subsection (b) of this section, an] individual whose [certificate of] registration has been revoked may not be relicensed or reregistered earlier than two (2) years from the date of revocation.
(d) An individual whose registration has been revoked for a dishonored or reversed payment, as provided under subsection (a)(9) [(a)(8)] of this section may reapply at any time. Approval of the application is contingent upon receipt of payment of the full amount due, including any additional processing fees resulting from the prior dishonored or reversed payment. The department may dismiss a pending revocation proceeding based on a dishonored or reversed payment upon receipt of payment of the full amount due, including any additional processing fees resulting from the prior dishonored or reversed payment.
(e) Other than as provided in subsection (d) of this section, an organization or individual whose license or registration has been revoked must follow the applicable procedures pursuant to §12.11 or §12.12 of this title (relating to Application for License and Application for Registration, respectively) for new applications.
(f) For purposes of subsection (a)(8) of this section, a licensee fails to begin dispensing low-THC cannabis within 24 months of license issuance or fails to continue dispensing low-THC cannabis during the term of the license if the licensee:
(1) Does not continuously cultivate, process, and produce low-THC cannabis in a manner consistent with the level of demand for the licensee's product; or
(2) Does not promptly and accurately fill prescriptions.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 7, 2025.
TRD-202502803
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 424-5848
SUBCHAPTER
D.
The Texas Department of Public Safety (the department) proposes new §12.35, concerning Security of Satellite Locations. The proposed rule implements House Bill 46, 89th Leg., R.S. (2025), by establishing security requirements for dispensing organization satellite locations if approved by the department.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton 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 this rule will be the effective implementation of legislation and greater clarity, consistency, and transparency in the administration of the Compassionate-Use Program.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks 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 the 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 Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made 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 Health and Safety Code, §487.052, which requires the director to adopt rules necessary for the administration and enforcement of Texas Health and Safety Code, Chapter 487; §487.1035(d), which requires the director to adopt rules regarding the design and security requirements for satellite locations; and House Bill 46, 89th Leg., R.S. (2025).
Texas Government Code, §411.004(3); Texas Health and Safety Code, §487.052; and §487.1035(d) are affected by this proposal.
§12.35.
(a) A dispensing organization that has been approved by the department to operate a satellite location must establish and maintain effective controls and procedures to prevent unauthorized access, theft, or diversion of any low-THC cannabis product to be dispensed at a satellite location. The dispensing organization must:
(1) Establish a floor plan and a security plan to be submitted to the department for pre-approval;
(2) Designate an enclosed locked area within the satellite location where low-THC cannabis product is stored that provides reasonably adequate security against theft and diversion; and
(3) Designate an individual, or a limited number of individuals, with responsibility for and with the authority to enter or control entry into the enclosed locked area where low-THC cannabis product is stored.
(b) During the regular course of business activities, and except as provided by subsection (c) of this section, a dispensing organization may not allow access to the facility's low-THC cannabis product storage area by unauthorized individuals or to the public. Only a licensee, director, owner, manager, member, or registered employee may access the enclosed locked area where low-THC cannabis product is stored. A dispensing organization must limit access to the low-THC cannabis product storage area to the minimum number of individuals or employees necessary for the licensee's activities.
(c) When unregistered individuals, whether employees, contractors, business guests, visitors, or maintenance or other service providers not regulated under Texas Health and Safety Code, Chapter 487 or this chapter, are present in or pass through regulated premises, the unregistered individuals must be continuously escorted by a registrant. Unregistered individuals must be provided a visitor's badge reflecting the individual's name and the date of issuance. All ingress and egress by unregistered individuals must be recorded in a daily log. The log must include the full name of each unregistered individual entering the regulated premises, the time of arrival, the time of departure, and the purpose of the visit. The requirements of this subsection do not apply to representatives of the department or other law enforcement agencies of this state who tour the facility as part of the representative's official duties.
(d) Satellite locations must have an alarm system capable of continuously monitoring the regulated premises for fire and intrusion by means of camera recording, door switches, motion sensors, and fire and smoke detectors. The system must have the capability of immediately alerting local law enforcement of a fire at any time, of a security breach during non-business hours, and of being manually activated by staff during business hours. The camera monitoring system must be capable of recording at least 90 days of footage to an external hard drive at a minimum resolution of 720 x 350, with camera coverage of all regulated areas, including all ingress or egress areas, and the building exterior. Point of sale areas, if applicable, must have a camera placed in a manner to provide visual identification of any patient or legal guardian seeking to fill a prescription for low-THC cannabis. Exterior lighting must be sufficient to support camera monitoring. The system must comply with local city or county alarm permitting requirements. The system must be capable of continuous function upon total power loss for a minimum period of five (5) minutes.
(e) A dispensing organization may not store or sell products at a satellite location that are not approved by the department under the Texas Compassionate Use Program.
(f) All low-THC cannabis product stored at the satellite location must be secured in a locked restricted access area, unless in the process of being dispensed to a patient.
(g) Any pick-up location previously approved by the department must meet the minimum satellite facility safety requirements as determined by the department under this section.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 7, 2025.
TRD-202502804
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 424-5848
CHAPTER 14. SCHOOL BUS SAFETY STANDARDS
SUBCHAPTER
D.
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 37 TAC §14.52 is not included in the print version of the Texas Register. The figure is available in the on-line version of the August 22, 2025, issue of the Texas Register.)
The Texas Department of Public Safety (the department) proposes amendments to §§14.51 - 14.54, concerning School Bus Safety Standards. The proposed amendments update the rules to reflect the equipment specifications for 2025 model school buses operating in the State of Texas, modify language so that it is consistent with the statutory framework, including removing references to private schools, and update references to required forms. Additional non-substantive changes have been made to improve clarity and readability.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there may be fiscal implications for local government, but not for state government. The 2025 model equipment specifications adds illuminated bus signs to the front and rear roof caps of the school bus which are estimated to cost $1,350 per bus. The equipment specifications also increase the capacity of the wheelchair lift mechanism and platform from 800 pounds to 1,000 pounds, which manufacturers began implementing in 2015, and is estimated to cost $200 per bus. These additional specifications are required only for 2025 model school buses, and no retrofitting of any school bus purchased or acquired prior to the effective date of this proposal is required.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with this proposal. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be improved public safety.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks 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 the 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 Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Christie Hebert, School Bus Transportation Program, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0525, (512) 424-7396. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made 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 Education Code, §34.002, which authorizes the department to adopt safety standards for school buses; Texas Transportation Code, §547.101(a), which authorizes the department to adopt rules necessary to administer the chapter; §547.102, which authorizes the department to adopt safety standards and specifications for school bus equipment; and §547.7015, which authorizes the department to adopt rules governing the design, color, lighting, and other equipment, construction and operation of a school bus for the transportation of school children.
Texas Government Code, §411.004(3); Texas Education Code, §34.002; and Texas Transportation Code, §547.101(a), §547.102, and §547.7015 are affected by this proposal.
§14.51.
(a) This subchapter is applicable to all school districts and county transportation systems that own, operate, rent, contract or lease school buses and those commercial transportation companies which contract with a public school or county transportation system to transport public school students in school buses.
(b) In this subchapter, the term "school district" also means an open enrollment charter school authorized by the Texas Education Code, Chapter 12, Subchapters D and E that is providing transportation according to Texas Education Code, §34.003.
[(c) A private school, defined as a non-profit entity that provides elementary or secondary education that incorporates an adopted curriculum designed to meet basic educational goals and which conducts formal reviews and documentation of student progress, must only comply with §14.52 of this title (relating to Texas School Bus Specifications) and §14.53 of this title (relating to Purchases of Used School Buses) as applicable.]
§14.52.
(a) All school districts must purchase or use school buses from school bus chassis and body manufacturers that [shall] certify to the department, in the form of a letter, that all school buses offered for sale to or in use by school districts [the public school systems] in Texas meet or exceed all standards, specifications, and requirements as specified in the department's publication Texas School Bus Specifications. The department hereby adopts the Texas School Bus Specifications for 2025 [2018] Model School Buses. Previously published Texas School Bus Specifications remain in effect for earlier model year school buses until the department repeals these publications.
Figure: 37 TAC §14.52(a) (.pdf)
[Figure: 37 TAC §14.52(a)]
(b) All school districts must purchase or use multifunction school activity buses from school bus chassis and body manufacturers
that [shall] certify to the department, in the form of a letter, that all multifunction school activity buses offered for sale to or in use by school districts [the public school systems] in Texas meet or exceed all federal standards, specifications, and requirements of a multifunction school activity bus as specified in the Title 49, Code of Federal Regulations, Part 571.
(1) A multifunction school activity bus may be painted any color except National School Bus Glossy Yellow.
(2) A multifunction school activity bus cannot be used for home to school or school to home transportation. Before delivery of a multifunction school activity bus, the manufacturer must place a label in the direct line of site of the driver while seated in the driver's seat stating: 'This vehicle is not to be used for home to school or school to home transportation.'
(c) Any new school bus found out of compliance with the specifications that were in effect in Texas on the date the vehicle was manufactured will be placed out of service by the vehicle's owner until it is brought into compliance with the applicable specifications.
§14.53.
(a) Used school buses purchased or operated by a school district [public school system] in Texas shall meet or exceed all Federal and State requirements for public school buses that were in effect in Texas on the date the vehicle was manufactured. Prior to the sale, the dealer selling the used school bus must provide the buyer (school district) with:
(1) Documentation of the dealer's general distinguishing number [their "Dealer General Distinguishing Number" which is] required by Texas Transportation Code, §503.029.
(2) Documentation of the original manufacturing state of the school bus [what state the used school bus was originally manufactured].
(3) A copy of the original manufacturing specifications for the school bus [was originally manufactured to].
(4) Documentation of all modifications [that were] made to each school bus to bring it into compliance with Texas School Bus Specifications
in effect [that were in place] on the original date of manufacture [date the school bus was originally manufactured].
(b) School [Public school] districts or contractors must notify the department in writing within 30 days of purchasing any used school bus. The notification must include:
(1) The date of purchase and delivery.
(2) The name of the dealer and the dealer's general distinguishing number for the seller of the used school bus [General Distinguishing Number from whom the used school bus was purchased].
(3) Who manufactured the school bus, date of manufacture, and to which states' specifications the school bus was manufactured.
(c) Used school buses purchased by school districts that were not originally manufactured to Texas specifications at the time the school bus was manufactured may be inspected by the department to verify compliance with the applicable federal and state specifications.
(d) Any used school bus, as described in subsection (a) of this section, found out of compliance with the specifications that were in effect in Texas on the date the vehicle was manufactured will be placed out of service by the vehicle's owner until it is brought into compliance with the applicable specifications.
[(e) A private school must comply with this subsection except for requirements to report the purchase of a used school bus to the department.]
§14.54.
(a) School districts and charter schools are [will be] responsible for developing the school bus emergency evacuation training curriculum based on the most recent edition of the National School Transportation Specifications and Procedures, as adopted by the National Congress on School Transportation, or a similar school transportation safety manual.
(b) For purposes of conducting school bus emergency evacuation training, the term "fall" is [shall be] defined as July 1 to December 31.
(c) School districts and charter schools are encouraged to make a good faith effort to ensure that all students, teachers, and appropriate staff receive the school bus emergency evacuation training at least once each school year.
(d) Reporting Requirements.
(1) A record of each school bus emergency evacuation training session conducted must be submitted on [a] form SBT-7 titled "Reporting of School Bus Evacuation Training" [prescribed by the department that is] available at: https://www.dps.texas.gov/internetforms/home/index [the following internet web site address: http://www.txdps.state.tx.us/forms]. [All information requested on the form must be completed.] The [completed] form must be filled out completely and submitted via mail [mailed] to School Bus Transportation, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0525 or electronically [submitted via electronic mail] to sbt@dps.texas.gov [sbt@txdps.state.tx.us].
(2) Reports must be submitted within 30 days following the completion of each training session [not later than the 30th day after the date each training session is completed].
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 7, 2025.
TRD-202502805
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 424-5848