Adopted Rules Title 16

TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 84. DRIVER EDUCATION AND SAFETY

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.1 and §84.2; Subchapter C, §§84.40 - 84.42, 84.45, and 84.46; Subchapter D, §84.51 and §84.52; Subchapter E, §§84.60, 84.62, and 84.64; Subchapter F, §84.70 and §84.72; Subchapter G, §§84.80 - 84.82 and 84.84; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §84.301; Subchapter M, §§84.500 - 84.506; and Subchapter N, §84.600; new rules at Subchapter G, §84.85; Subchapter I, §84.103; Subchapter M, §84.507; and Subchapter N, §84.601; and repeal of existing rules at Subchapter C, §84.43; and Subchapter N, §84.601, regarding the Driver Education and Safety Program, without changes to the proposed text as published in the May 8, 2020, issue of the Texas Register (45 TexReg 2966). These rules will not be republished.

The Commission also adopts a new rule at 16 TAC, Chapter 84, Subchapter C, §84.43; amendments to Subchapter C, §84.44; Subchapter K, §84.300, and §84.302, regarding the Driver Education and Safety Program, with changes to the proposed text as published in the May 8, 2020, issue of the Texas Register (45 TexReg 2966). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 84, implement Texas Education Code, Chapter 1001, relating to Driver Education and Safety (DES).

The adopted rules are necessary to implement three separate rulemaking initiatives: (1) implementation of HB 2847, Article 2, 86th Legislature, Regular Session (2019); (2) addressing the need to update course curriculum requirements to complete the second phase of the Department's reorganization and clarification of the rules following the transfer of the DES program to the Department; and (3) implementing recommendations of the DES Fees Workgroup pertaining to reducing program fees. These three categories of rule changes have been combined into one proposal to eliminate the need for separate rulemakings.

HB 2847

HB 2847 amends Education Code, Chapter 1001, primarily to: (1) simplify provisions related to the eligibility requirements for, and authorized the scope of instruction for a driver education instructor acting as a teaching assistant, as a driver education teacher or as a supervising teacher and remove the need for other related license types; and (2) redefine a driver education school so that there is no requirement for a physical location to be eligible for a driver education school license.

The adopted rules implement HB 2847 by: (1) simplifying the requirements for initial licensing for driver education instructors; (2) removing the "brick and mortar" facility requirement for licensure of driver education schools; (3) removing the need for teaching assistant-full and supervising teaching assistant-full driver instructor license types; (4) removing the "teacher of record" designation to allow driver education school owners more flexibility to administer student documentation; and (5) clarifying the roles and responsibilities of driver education instructors in administering the course materials to students.

Course Curriculum

The adopted rules amend 16 TAC, Chapter 84, Subchapters M and N, to complete the second phase of the Department's planned reorganization and clarification of the rules related to course curriculum. The Texas Legislature enacted HB 1786, 84th Legislature, Regular Session (2015), which transferred the DES program from the Texas Department of Public Safety and the Texas Education Agency to the Department. On September 1, 2015, the Department transferred the DES rules from Title 19 and Title 37, and placed the same rule content into 16 TAC, Chapter 84. The Department planned to subsequently reorganize and clarify the rules within Chapter 84 via two phases of rulemakings, the first phase pertaining to licensing and regulatory functions and the second phase pertaining to course curriculum requirements.

The proposed text of the rules for the first phase was published in the October 28, 2016, issue of the Texas Register (41 TexReg 8388). During the public comment period, the Department received 64 comments, 33 of which addressed rules that were planned to be considered during the second phase. The adoption of the first phase rules was published in the March 24, 2017, issue of the Texas Register (42 TexReg 1404).

The proposed course curriculum rules for the second phase of this rulemaking were initially presented to and discussed by the Driver Training and Traffic Safety Advisory Committee (Committee) at its meeting on November 7, 2018. The Committee was informed by Department staff that the proposed curriculum rules would be posted for public viewing and comment on the Department's website on November 13, 2018. The comment period closed on December 12, 2018. The Department received 20 comments. No changes were made to the rules as a result of those comments.

The Curriculum Rules Workgroup (Curriculum Workgroup) conducted six meetings to address the second phase of the rulemaking and consider the comments made during the first phase that pertained to course curriculum requirements and whether the proposed rules were affected by any of the comments. The Curriculum Workgroup considered and addressed the following comments made in the first phase of the 2016 rulemaking, that were reserved for consideration in the second phase, during its meetings to determine its recommendations for the proposed rules.

2016 Comments

The Curriculum Workgroup considered comments received specifically related to §84.44 regarding the requirements for a "teacher of record" and whether a Teaching Assistant-Full (TA-Full) or Supervising Teaching Assistant-Full (Supervising TA-Full) should be able to endorse a student's final classroom records. The Curriculum Workgroup, acknowledging the comments and the passage of HB 2847 which, in part, removed the Teaching Assistant-Full and Supervising Teaching Assistant-Full license types, recommended a change to the proposed rules deleting all references to "teacher of record" and the two aforementioned license types.

The Curriculum Workgroup considered a comment received requesting the Department implement by rule §1001.111, Texas Education Code, Driving Safety Course for Driver Younger than 25 Years of Age (DSY25), and recommended the addition of new §84.507 to the proposed rules to create a course of instruction for such students and establish licensing standards and eligibility requirements for instructors teaching the driving safety course. The Curriculum Workgroup also recommended changes to §84.64 of the proposed rules applicable to the DSY25 Course and its instructors.

The Curriculum Workgroup considered a comment received requesting clarification of the roles of an Instructor Development Course Driving Safety Instructor Trainer and a Driving Safety Instructor Trainer and recommended the changes in the proposed rules in amended §84.64(c)(4)(A) and (c)(5)(A) that clarify and expand the eligibility requirements for the two license types.

The Curriculum Workgroup considered a comment received related to §84.44(d)(1)(A) that proposed an entity other than an approved driver education school be allowed to offer continuing education for driver education (DE) instructors, and recommended a change at §84.44(d)(1)(B)(v) and (vi) to the proposed rules that allows DE instructors to obtain continuing education credit from successful completion of a Drug Offender Education Program or an eight hour school bus driver recertification program.

The Curriculum Workgroup considered comments received requesting amendment to the requirement in §84.81(a)(3)(B)(ix) that only a "teacher of record" could sign completed student classroom records where the course of instruction was taught by either a TA-Full or a Supervising TA-Full. The Curriculum Workgroup recommended that the proposed rules remove the references to the TA-Full and Supervising TA-Full license types and "teacher of record" in line with the comments and HB 2847. The Curriculum Workgroup also recommended that the proposed rules amend §84.81(a)(3)(B)(viii) to allow a school owner, supervising teacher or driver education teacher to sign or stamp completed student classroom records.

The Curriculum Workgroup considered a comment requesting the deletion of §84.500(b)(1)(T), which required an instructor to complete a DPS Form DL-42 upon a student's failure to complete required classroom instruction and recommended including the requested change to the proposed rules as the form no longer is in use with the Texas Department of Public Safety.

The Curriculum Workgroup considered comments received requesting the Department adjust the minimum times in driver education course topics in §84.500(b)(2)(A)(iii), and in driving safety course topics in §84.502(a)(1)(D), to maximize flexibility to meet educational objectives. The Curriculum Workgroup recommended the proposed rules amend those sections to change the minimum course content time allowances to permit licensees to tailor delivery of educational material to address technological advances, implement legislative changes, and the respective needs of the student and business operations. The Curriculum Workgroup also recommended that the proposed rules amend the current minimum course content times for specialized driving safety courses in §84.503(a)(1)(D).

The Curriculum Workgroup considered a comment received requesting amendment of §§84.500(b)(2)(B)(xii), 84.504(l), and 84.506(l) to allow for increased technical assistance and access to the instructor for online driver training courses, and the Curriculum Workgroup recommended the proposed rules be amended in those rule sections consistent with the comments.

Highlights of the curriculum changes include: (1) new definitions for Instructor Development Course and Instructor Development Programs relating to the certification of driver training instructors; (2) removing the "teacher of record" designation to allow school owners more flexibility to administer student documentation; (3) clarifying the roles and responsibilities of driver education instructors in administering the course materials to students; (4) expanding opportunities for instructors in obtaining continuing education credit; (5) easing requirements on driver education school student progress reporting, recordkeeping and provision of information to consumers on filing complaints with the Department; (6) creating new §84.85 that requires licensees to file a Statement of Assurance to confirm updates to driver training course materials to reflect amendments to applicable law; (7) creating new §84.103 which authorizes the Department to conduct audits of Alternative Method of Instruction (AMI) Driver Education Schools; (8) requiring Parent Taught Driver Education Course Providers and Online Driver Training Schools to provide course identification information to consumers on their websites; (9) establishing a DSY25 Course and Instructor requirements for the course, pursuant to Texas Education Code §1001.111; (10) easing advertising restrictions on new driver training schools, and drug and alcohol awareness schools pending licensure; (11) reducing the number of validation questions and expanding time to provide answers for courses developed by online providers; (12) modifying the minimum course content time for curriculum to allow licensees to tailor delivery of educational material to address technological advances, legislative changes, and the respective needs of the student and business operations; and (13) increasing access for students to technical assistance for online driver training courses.

Fees

Recommendations from Department staff to lower program fees (hereinafter referred to as "first draft fee changes") were reviewed and discussed by the Driver Training and Traffic Safety Advisory Committee (Committee) at its meeting on May 9, 2018. The Committee recommended that the first draft fee changes be published in the Texas Register for public comment, and they were published in its July 13, 2018, issue (43 TexReg 4624). The Department received 14 comments during the 30-day public comment period. The first draft fee changes and the public comments were reviewed and discussed by the Committee at its August 29, 2018, meeting, and the Committee made no changes to the first draft fee changes as a result of the comments. The Committee, however, reviewed and discussed concerns related to the first draft fee changes and voted to recommend postponement of their adoption to allow for further consideration by the Fees Workgroup. The Fees Workgroup subsequently met on October 2, 2018, and October 22, 2018, to revise the first draft fee changes. Those revisions are hereinafter referred to as the "second draft fee changes."

The second draft fee changes were reviewed and discussed at the Committee's November 7, 2018, meeting. Department staff proposed to the Committee that the second draft fee changes be published for 30 days of public comment and brought back to the Committee for discussion and recommendation. The Department filed a withdrawal of the first draft fee changes on November 9, 2018, for additional fiscal analysis and further review by the Fees Workgroup and the Committee. The withdrawal of the first draft fee changes was published in the November 23, 2018, issue of the Texas Register (43 TexReg 7665). The Fees Workgroup completed its fiscal analysis and made further revisions to the second draft fee changes. The second draft fee changes were considered by the Fees Workgroup on February 13, 2019, and October 24, 2019, and no further revisions were noted.

The adopted rules contain the final recommendations by the Fees Workgroup to reduce fees for driver education schools and courses; driving safety schools, course providers and courses; and Drug and Alcohol Driving Awareness schools, programs, and instructors. The adopted rules represent an average 42.6% reduction in previous fee levels for the affected license types.

The adopted rules resulted in extensive amendments to existing Subchapter C, §84.43, Driver Education Certificates, and Subchapter N, §84.601, Procedures for Student Certification and Transfers. Thus, the adopted rules repeal the existing rule sections and propose new Subchapter C, §84.43, and Subchapter N, §84.601, to provide greater clarity.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §84.1, Authority, by correcting the order of the statutory chapter citations to Chapters 29 and 1001, Texas Education Code.

The adopted rules amend §84.2, Definitions, to: (1) add definitions for "Instructor Development Course (IDC)," "Instructor Development Program (IDP)," "Driving Safety Course for Driver Younger than 25 Years of Age" (DSY25) and "Teaching Techniques;" (2) supplement and clarify the definitions for "ADE-1317" and "DE-964" driver education certificates; (3) remove the definition for "teacher of record;" and (4) renumber subsections accordingly.

The adopted rules amend §84.40, Driver Education School Licensure Requirements, by: (1) moving subsection (k) regarding advertising to §84.80, Names and Advertising; (2) adding a change of address for a driver education school to the licensee reporting requirements; (3) clarifying rule language; (4) renumbering the subsections accordingly; and (5) correcting grammatical errors.

The adopted rules amend §84.41, Driver Education School Responsibility, by: (1) changing the title of the section to Driver Education School Responsibilities; (2) clarifying rule language related to "classroom" and "in-car" instruction; and (3) requiring a driver education school or its registered agent for service of process to be located within the state.

The adopted rules amend §84.42, Motor Vehicles, to clarify language regarding inspections required by the Texas Department of Motor Vehicles.

The adopted rules repeal existing §84.43, Driver Education Certificates, which establish the responsibilities regarding the purchase, issuance, care and control of driver education certificates and numbers by driver education schools.

The adopted rules add new §84.43, Driver Education Certificates, which (1) replace and reorganize previous subsections to clarify the procedures by which licensed driver education schools, course providers, exempt driver education schools, public schools, colleges, universities, and educational service centers (ESC) may obtain driver education certificates and numbers from the Department; (2) update responsibilities for these entities regarding the purchase, issuance, care and control requirements associated with missing, stolen, transferred, or replaced driver education certificates and numbers; (3) integrate applicable subsections from §84.601, Procedures for Student Certifications and Transfers, relating these procedures and responsibilities to apply to exempt driver education schools, public schools, colleges, universities, and ESCs; and (4) renumber the subsections accordingly.

The adopted rules amend §84.44, Driver Education Instructor License, to: (1) replace outdated terminology, including the term "teacher of record"; (2) update driver education instructor continuing education requirements; (3) reduce and simplify barriers to licensure for driver education instructors by implementing provisions of HB 2847 by no longer requiring an applicant to possess a Texas teaching certificate, and removing the Teaching Assistant-Full and Supervising Teaching Assistant-Full license types; (4) clarify driver education instructor qualifications and responsibilities; (5) delete unnecessary rule provisions; (6) correct language; and (7) renumber the subsections accordingly.

The adopted rules amend §84.45, Student Progress, to remove requirements for driver education schools to submit student progress procedures for Department approval.

The adopted rules amend §84.46, Attendance and Makeup, to: (1) update and reorganize language; and (2) remove the requirement of sending the driver education school student makeup policy to the Department.

The adopted rules amend §84.51, Parent Taught Submission of Course for Department Approval, to: (1) require a parent taught course provider to include its business name and registration number on its registration page and website; and (2) authorize a parent taught course provider to accept students redirected from another website under certain conditions.

The adopted rules amend §84.52, Cancellation of Department Approval, to correct a statutory reference to the Parent-Taught Driver Education program.

The adopted rules amend §84.60, Driving Safety School Licensure Requirements, to correct grammar.

The adopted rules amend §84.62, Course Provider License Requirements, to correct grammar.

The adopted rules amend §84.64, Driving Safety Instructor License Requirements, to: (1) reflect the DSY25 Course instructor license requirements pursuant to Texas Education Code §1001.111; and (2) renumber subsections accordingly.

The adopted rules amend §84.70, Drug and Alcohol Driving Awareness Program School Licensure Requirements, to correct grammar.

The adopted rules amend §84.72, Instructor License Requirements, to: (1) clarify and correct language; and (2) remove outdated references to the Texas Department of State Health Services.

The adopted rules amend §84.80, Names and Advertising, to: (1) clarify language; (2) add the subsection transferred from §84.40 requiring the driver education school name and number when advertising; and (3) allow a driver education school license applicant to advertise with conditions.

The adopted rules amend §84.81, Recordkeeping Requirements, to: (1) modify driver education school recordkeeping requirements; (2) clarify language; and (3) renumber subsections accordingly.

The adopted rules amend §84.82, Student Enrollment Contracts, to: (1) require a driver education school to provide a student makeup policy to each student; and (2) clarify where to file grievances against the school, if necessary, with the Department.

The adopted rules amend §84.84, Notification of Public Interest Information and Participation, to: (1) require licensees to include the Department's email address on business documentation and signage for the purpose of directing complaints to the Department regarding the DES program; (2) correct grammar; and (3) remove the requirement that Department information relating to a complaint be included on a bill for service.

The adopted rules add new §84.85, Statement of Assurance, to require driver education schools and course providers to submit a Statement of Assurance to memorialize and affirm that course materials have been updated to reflect changes in applicable law.

The adopted rules amend §84.90, Facilities and Equipment, to: (1) prohibit driver training schools from maintaining a classroom facility in a private residence; and (2) clarify language.

The adopted rules add new §84.103, AMI Driver Education School Audits, to provide for Department audits of driver education schools offering courses delivered by AMI.

The adopted rules amend §84.200, Cancellation and Refund Policy, to clarify language.

The adopted rules amend §84.300, Driver Education Fees, to: (1) reduce driver education course and school fees; (2) indicate the current fee for the parent taught driver education guide form; and (3) correct language.

The adopted rules amend §84.301, Driving Safety Fees, to reduce driving safety school, driving safety course and course provider fees.

The adopted rules amend §84.302, Drug and Alcohol Driving Awareness Fees, to, reduce drug and alcohol driving awareness school, program, and instructor fees.

The adopted rules amend §84.500, Courses of Instruction for Driver Education Schools, to enhance delivery of driver education school course material by making changes to: (1) modify minimum course content times to accommodate customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) require driver education schools to certify translation of course materials in languages other than English; (3) limit the times in which school supervised in-car instruction can occur on a given day; (4) require a driver education instructor to be physically present for the type of instruction given and limit persons authorized to sign completed classroom instruction records for each student; (5) reduce the number of content validation questions required with the use of adult student online driver education video course material; (6) require online schools to provide specific hours of access for technical assistance to its students; (7) require an online driver education school to include its business name and registration number on its registration page and website; (8) authorize an online driver education school to accept students redirected from another website under certain conditions; (9) increase times for students to respond to personal validation questions for online driver education courses; (10) delete license types removed by HB 2847; (11) establish qualification standards for enrollment of a student in an instructor development course based upon the number and type of moving violations accumulated during a previous three year period; (12) renumber subsections accordingly; and (13) clarify language.

The adopted rules amend §84.501, Driver Education Course Alternative Method of Instruction, to enhance delivery of driver education course material using an AMI by making changes to: (1) recognize minimum course content times to accommodate customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) place limits on the number and the time to respond to personal and content validation questions posed during the AMI driver education course; (3) require an AMI driver education course to include its business name and registration number on its registration page and website; (4) authorize an AMI driver education course to accept students redirected from another website under certain conditions; (5) set Department approval for renewal of an AMI driver education course to even-numbered years; (6) require schools employing AMI to provide specific hours of access for technical assistance to its students; (7) delete license types removed by HB 2847; (8) renumber subsections accordingly; and (9) clarify language.

The adopted rules amend §84.502, Driving Safety Courses of Instruction, to enhance delivery of course material for the Driving Safety Course by making changes to: (1) modify minimum course content times to accommodate customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) require driving safety, continuing education and instructor development courses to certify translation of driving safety course materials in languages other than English; (3) set additional requirements for course providers in submission of driving safety instructor training guides with applications for review by the Department; (4) require Department approval for a renewal of course approval for a driving safety course to even-numbered years; (5) removed requirement that course providers report a schedule of instructor development course dates to the Department; (6) renumber subsections accordingly; and (7) clarify language.

The adopted rules amend §84.503, Specialized Driving Safety Courses of Instruction, to enhance delivery of course material for the Specialized Driving Safety Course by making changes to: (1) modify minimum course content times to accommodate customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) require specialized driving safety continuing education and instructor development courses to certify translation of driving safety course materials in languages other than English; (3) removed requirement that course providers report a schedule of instructor development course dates to the Department; and (4) clarify language.

The adopted rules amend §84.504, Driving Safety Course Alternative Delivery Method, to enhance delivery of driving safety course material using an alternative delivery method (ADM) by making changes to: (1) modify minimum course content times to accommodate customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) require an ADM driving safety or specialized driving safety course provider to include its business name and registration number on its registration page and website; (3) increase response times for personal validation questions; (4) reduce the number of required questions for content validation; (5) require Department approval for a renewal of an ADM driving safety or specialized driving safety course to even-numbered years; (6) require ADM driving safety course providers to provide specific hours of access for technical assistance to its students; (7) authorize an AMD driving safety course provider to accept students redirected from another website under certain conditions; (8) modify video requirements for the delivery of ADM driving safety instructional course material; (9) renumber subsections accordingly; and (10) clarify language.

The adopted rules amend §84.505, Drug and Alcohol Driving Awareness Programs of Instruction, to enhance delivery of drug and alcohol driving awareness program (DADAP) course material by making changes to: (1) modify duration times for instructional materials to allow customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) certify translation of DADAP course content materials in languages other than English; and (3) clarify language.

The adopted rules amend §84.506, Drug and Alcohol Driving Awareness Programs Alternative Delivery Method, to enhance delivery of the drug and alcohol driving awareness program (DADAP) course material using an alternative delivery method (ADM) by making changes to: (1) recognize minimum course content times to accommodate customization of curriculum to address technological advances, legislative changes, student needs, and business operation modifications; (2) require a drug and alcohol driving awareness program ADM course to include its business name and registration number on its registration page and website; (3) ease personal validation course exclusion and response time requirements for online questions; (4) reduce the number of required questions for program content validation; (5) require Department approval for a renewal of an ADM DADAP course to even-numbered years; (6) require ADM DADAP courses to provide adequate access to technical assistance for its students; (7) authorize a drug and alcohol driving awareness school offering an ADM course to accept students redirected from another website under certain conditions; (8) renumber subsections accordingly; and (9) clarify language.

The adopted rules add new §84.507, Driving Safety Course for Driver Younger than 25 Years of Age, pursuant to Texas Education Code §1001.111.

The adopted rules amend §84.600, Program of Organized Instruction, to: (1) reduce regulatory burdens on public schools by eliminating outdated course programs of student instruction for delivery of a driver education plan; (2) ease qualifications for obtaining a learner's license; (3) renumber subsections accordingly; and (4) correct language.

The adopted rules repeal existing §84.601, Procedures for Student Certification and Transfers, which describe the responsibilities for provision and transfer of driver education certificates by public schools, ESCs, exempt driver education schools, colleges and universities.

The adopted rules add new §84.601, Procedures for Student Certification and Transfers, which (1) move applicable subsections to new §84.43, Driver Education Certificates, to organize and include the procedures and responsibilities regarding the purchase, issuance, care and control requirements associated with missing, stolen, transferred, or replaced driver education certificates and numbers to exempt driver education schools, public schools, colleges, universities, and ESCs; and (2) clarify language.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 8, 2020, issue of the Texas Register (45 TexReg 2966). The deadline for public comments was June 8, 2020. The Department received comments from seven interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment - The commenter regarding the changes to §84.84 inquired as to whether all signage and communications should be required to include contact information to allow students to file a complaint with the Department against a driver training school. The commenter maintained that the inclusion of complaint-filing information constituted micro-management and disrupted business operations and that complaints could be best handled by the school first rather than contacting the Department.

Department Response - The Department disagrees with the comment and notes that the inclusion of specific information for filing complaints with the Department is required under Texas Education Code §§1001.204 and 1001.206, and 16 TAC §§84.83 and 84.84. Provision of such information to students is necessary to the Department's ability to regulate its licensees and protect the public. The Department did not make any changes to the rules in response to this comment.

Comment - One comment inquired about the procedures for an online driver education school to become a Third-Party Testing Site (TPTS).

Department Response - The comment is outside the scope of the proposed rules. The process by which an approved driver education (DE) school can become a TPTS is administered by the Texas Department of Public Safety (DPS) under Transportation Code §521.165 and 37 TAC §15.61. The Department did not make any changes to the rules in response to this comment.

Comment - One comment included seven subparts recommending changes to the rule package, including: (1) further reduction of program fees for Department review of course submissions in Chapter 84, Subchapter K, Fees, which are a barrier to entry for new driver training licensees; (2) eliminating all program fees and raising the driver training certificate of completion fees to offset the loss in revenue; (3) removal of proposed rules §84.43(c)(1)(A) and (B) requiring parent taught course provider verification of student completion of the course from the PTDE instructor; (4) removal of proposed rule §84.103 allowing Department employee auditing of driver training courses for free, which the comment contends could be abused to allow the employee a personal benefit; (5) amending proposed §84.500(b)(2)(A)(iii) to make the minimum course content times only a "recommended minimum" to allow for more flexibility in delivery of course material; (6) repealing existing rule text in 84.500(d)(4) limiting DE school owners from offering the same continuing education course to instructors in successive years; and (7) clarifying proposed §84.43(c)(1)(C) as to the disposition of driver education certificates between parent taught driver education course providers following a student transfer.

Department Response - Regarding subparts (1) and (2) of the comment, the Department, in consultation with the Driver Training and Traffic Safety Advisory Committee, has determined that the fee structure contained in the proposed rules is the appropriate distribution of the fees necessary to cover the costs of administering the DES program. The program fees were amended to remain consistent with Texas Occupations Code §51.202 and Texas Education Code §1001.151 to reflect the changing landscape of the DES program. The Department did not make any changes to the proposed rules in response to subparts (1) and (2) of the comment.

The Department disagrees with the recommendation in subpart (3) to remove proposed §84.43(c)(1)(A) and (B), which place responsibility on the parent-taught course provider to obtain proof of student course completion from the parent/guardian/designee instructor. The Department is required to ensure management of the driver education certificate (DE-964) in accordance with Texas Education Code §1001.055(b) and has determined that Parent-Taught Driver Education (PTDE) course providers should be held to the same standards of management and control of the DE-964 as owners of driver education schools, as related to certificate processing and issuance. Additionally, proposed §84.43(c)(1)(A) and (B) ensure that DE-964 certificate information is accurate, which enables efficient processing by DPS when issuing the appropriate license to the student. Since the PTDE course provider is more familiar than the PTDE instructor with the prerequisites related to the proper completion of the DE-964, it is more efficient to have the course provider complete and issue the DE-964 to the student for presentation to DPS. The Department made no changes to the proposed rules as a result of subpart (3) of the comment.

The Department disagrees with the recommendation in subpart (4) of the comment to remove proposed §84.103, which allows Department staff to audit AMI Driver Education Schools without a fee. The sole purpose of the audit is to ensure the licensee's compliance with applicable law and rules, and the audit will be conducted by qualified Department staff members who have no personal need for driver education, so no personal benefit will be received by a Department employee in violation of Texas Government Code §572.051. The Department made no changes to the proposed rules as a result of subpart (4) of the comment.

The Department disagrees with the recommendation in subpart (5) of the comment to change the minimum times in proposed §84.500(b)(2)(A)(iii) for delivery of course material in adult driver education classes to be only the "recommended minimum" time. Such a change would make the minimum course times unenforceable, which would hinder the Department's ability to ensure that appropriate time is spent on the delivery of required course materials. The Department made no changes to the proposed rules as a result of subpart (5) of the comment.

Regarding subpart (6) of the comment, the proposed rules do not include any changes to §84.500(d)(4), so the comment is outside the scope of the proposed rules. The Department made no changes to the proposed rules as a result of subpart (6) of the comment.

The Department agrees with the recommendation in subpart (7) of the comment to provide clarification in proposed §84.43(c)(1)(C) regarding transfer of driver education certificates, and the Department has changed proposed §84.43(c)(1)(C) to read: "The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The parent taught driver education course provider shall complete the transfer DE-964 certificate to indicate the completion of Module One, or the entire classroom hours".

Comment - One comment inquired as to when the proposed reduction in program fees would go into effect.

Department Response - After the proposed rules are presented to and adopted by the Texas Commission of Licensing and Regulation, the effective date of the rules, pursuant to Texas Government Code §2001.036, will occur 20 days after the date on which the adopted rules are filed with the Office for the Texas Secretary of State. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One comment inquired as to the procedure by which an applicant could submit course material for approval of online instruction courses for adult driver education and driving safety.

Department Response - The comment does not address a proposed rule, so it is outside the scope of the proposed rules. The Department recommends the commenter contact the Department's Driver Education and Safety staff at www.tdlr.texas.gov/help for assistance in the submission, review and approval of online course material content and requirements related to adult driver education and driving safety. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One comment consisted of five subparts including questions related to: (1) the motor vehicle insurance and registration requirements for motor vehicles used by online driver education schools; (2) method of access by students to motor vehicles for students enrolled in online driver education schools for in-car instruction and observation sessions; employment or contractor status of in-car driving instructors; the type and extent of safety inspections of motor vehicles used for in-car instruction and observation; and insurance requirements of the motor vehicles used for the in-car training; (3) the location of student records for online driver education schools; (4) care, custody and control safeguards for DE-964 certificates; and (5) whether PTDE courses will be allowed to apply to be TPTS.

Department Response - Regarding subparts (1) and (2) of the comment, the change in the definition of a "driver education school" in Texas Education Code §1001.001(7) pursuant to House Bill 2847, which eliminated the "brick and mortar" school requirement, applies to "online only" DE schools. Since "online only" DE schools conduct only the classroom portion of the course, there are no applicable registration or insurance requirements, nor are there any concerns for student access to motor vehicles. Regarding subpart (3) of the comment, online only DE schools would maintain their student records electronically, which would be subject to audit by Department employees in accordance with applicable rules. Regarding subpart (4) of the comment, the safeguarding of DE-964 certificates by online only DE schools is addressed in §84.43. Regarding subpart (5) of the comment, the process by which an approved driver education school can become a TPTS is administered by DPS pursuant to Texas Transportation Code §521.165 and 37 TAC §15.61. The Department did not make any changes to the proposed rules as a result of the comments.

Comment - One comment requested a redefinition of "driver education school" to clarify that there is no requirement for a physical location to be licensed.

Department Response - The comment does not address a proposed rule, so it is beyond the scope of the proposed rules. The amendment of Texas Education Code §1001.001(7) in House Bill 2847 redefining "driver education school" applies to the licensing of "online only" DE schools. Those schools that offer only online DE courses are no longer required to have a "brick and mortar" presence. All other DE schools that offer a physical location or offer "behind the wheel" instruction are subject to the rule requirements that are characteristic of a traditional school. The Department did not make any changes to the proposed rules as a result of the comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Driver Training and Traffic Safety Advisory Committee met on July 22, 2020, to discuss the proposed rules and public comments received. The Committee recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §§84.43(c)(1)(C), 84.44(b)(5)(A) and (B), 84.300(e)(2) - (5), and 84.302(e)(5) in response to the public comments and the Department's recommendations as explained in the Section-by-Section Summary. At its meeting on August 4, 2020, the Commission adopted the proposed rules with changes as recommended by the Advisory Board.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §84.1, §84.2

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003335

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER C. DRIVER EDUCATION SCHOOLS AND INSTRUCTORS

16 TAC §§84.40 - 84.46

STATUTORY AUTHORITY

§84.43.Driver Education Certificates.

(a) General provisions applicable to the handling of driver education certificates and driver education certificate numbers by relevant driver training entities.

(1) A licensed driver education school, exempt driver education school, public school, education service center (ESC), parent taught driver education course provider, college or university (collectively, as appropriate, referred to as "relevant driver training entities") may request the serially numbered driver education certificates and/or certificate numbers by submitting an order form prescribed by the department stating the number of driver education certificates and/or certificate numbers to be purchased and include payment of all appropriate fees. A mailed or faxed order form shall have the signature of an authorized representative of the aforementioned relevant driver training entities. A signature is not required for orders placed through the online system.

(2) Unassigned or blank driver education certificates and/or certificate numbers shall not be transferred between relevant driver training entities.

(3) Each relevant driver training entity shall maintain effective protective measures to ensure that driver education certificates and/or certificate numbers are secure.

(4) All unaccounted driver education certificates and/or certificate numbers shall be reported to the department within fifteen (15) working days of the discovery of the incident. In addition, each relevant driver training entity shall be responsible for conducting an investigation to determine the circumstances surrounding their unaccounted driver education certificates. A report of the findings of the investigation, including preventative measures for recurrence, shall be submitted to the department within thirty (30) calendar days of the discovery.

(5) Each relevant driver training entity shall return unissued driver education certificates and/or certificate numbers to the department within thirty (30) calendar days from the date of the discontinuance of the driver education program, unless otherwise notified.

(6) Each relevant driver training entity shall issue driver education certificates and/or certificate numbers in serial number order as purchased from the department.

(7) Each relevant driver training entity shall issue driver education certificates and/or driver education certificate numbers only to students who have successfully completed the applicable portion of the approved driver education course.

(8) If a duplicate driver education certificate or driver education certificate number is to be issued, the duplicate shall indicate the control number of the original driver education certificate or driver education certificate number.

(9) Each relevant driver training entity shall maintain reconciliation records of purchased, issued, unissued and/or unassigned driver education certificates and/or driver education certificate numbers in ascending control number order. The reconciliation records shall be readily available for review by representatives of the department. Each relevant driver training entity shall ensure security and loss prevention of the reconciliation record data.

(10) Each relevant driver training entity shall ensure that effective measures are taken to preclude lost data and that a system is in place to recreate electronic data for all driver education certificates and/or driver education certificate numbers purchased, issued and unissued.

(11) An ADE-1317 driver education certificate and/or certificate number shall not be used to replace a DE-964 driver education certificate and/or certificate number.

(12) Each unaccounted or missing original or duplicate course driver education completion certificate number or blank or unissued original or duplicate driver education certificate may be considered a separate violation. This may include lost, missing, stolen, or otherwise unaccounted original or duplicate driver education certificate numbers or blanks or unissued original or duplicate driver education certificates.

(13) The driver education certificate is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the driver education certificate may result in suspension or revocation of instructor credentials or program approval and/or criminal prosecution.

(14) The right to receive driver education certificates may be immediately suspended for a period determined by the department if:

(A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or

(B) the relevant driver training entity or its designee fails to provide information on records requested by the department within the required time.

(b) Licensed driver education school responsibilities.

(1) Only primary driver education schools shall order driver education certificates. The primary driver education school shall maintain a record reconciling all driver education certificates that are distributed by the primary driver education school to branch driver education schools and contract sites.

(2) A licensed driver education school shall issue driver education certificates only to students who have successfully completed the applicable elements of the approved driver education course.

(A) The "For Learner License Only" portion of the DE-964 certificate shall be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

(B) The "For Driver License Only" portion of the DE-964 certificate shall be issued to the student upon completion of the driver education program.

(C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The transfer policy will be followed to comply with the parent or legal guardian request for transfer.

(3) The DPS copy of a driver education certificate must contain the original signature of the TDLR licensed instructor. The name of the driver education school owner or its designee may be written, stamped, or typed.

(1) The parent taught driver education course provider shall issue DE-964 certificates only to students who have successfully completed the applicable elements of the approved parent taught driver education course.

(A) The parent taught driver education course provider shall receive proof the student has completed Module One of the Program of Organized Instruction for Driver Education and Traffic Safety before issuing the "For Learner License Only" portion of the DE-964 certificate.

(B) The parent taught driver education course provider shall receive proof the student has completed the approved parent taught driver education before issuing the "For Driver License Only" portion of the DE-964 certificate.

(C) The exception to subparagraphs (A) and (B) is a request for transfer by the parent or legal guardian of the student. The parent taught driver education course provider shall complete the transfer DE-964 certificate to indicate the completion of Module One, or the entire classroom hours.

(2) The name of the owner of the parent taught driver education course or its designee may be written, stamped, or typed.

(d) Public Schools, Education Service Centers, Colleges or Universities responsibilities.

(1) The driver education certificates shall be issued to the superintendent, college or university chief school official, ESC director, or their designee to be responsible for managing the certificates for the school. This does not remove the superintendent, college or university chief school official, or ESC director from obligations pursuant to this subchapter to oversee the program.

(2) The department will accept purchase requisitions from school districts.

(3) Each superintendent, college or university chief school official, ESC director, or their designee shall ensure that the policies concerning driver education certificates are followed by all individuals who have responsibility for the certificates.

(4) The superintendent, college or university chief school official, ESC director, or their designee must ensure that employees complete, issue, or validate a driver education certificate only to a person who has successfully completed the entire portion of the course for which the driver education certificate is being used.

(A) The "For Learner License Only" portion of the driver education certificate shall be issued to the student upon completion of Module One of the Program of Organized Instruction for Driver Education and Traffic Safety.

(B) The "For Driver License Only" portion of the driver education certificate shall be issued to the student upon completion of the driver education program.

(5) The DPS copy of a driver education certificate must contain the original signature of the certified instructor. The name of the superintendent, college or university chief school official, ESC director, or their designee may be written, stamped, typed, or omitted.

(6) The superintendent, college or university chief school official, ESC director, or their designee shall complete the affidavit on the driver education certificate if the certified instructor has left the driver education program, seriously ill or deceased.

(7) The right to receive DE-964 certificates may be immediately suspended for a period determined by the department if:

(A) a department investigation is in progress and the department has reasonable cause to believe the certificates have been misused or abused or that adequate security was not provided; or

(B) the superintendent, college or university chief school official, ESC director, or their designee fails to provide information on records requested by the department within the allotted time.

§84.44.Driver Education Instructor License.

(a) Application for licensing as a driver education instructor must be made on forms prescribed by the department. A person applying for an original driver education instructor license must:

(1) have a high school diploma or equivalent;

(2) hold a valid class A, B, C, or CDL driver's license, other than a learner license or provisional license, for the preceding three years, that has not been revoked or suspended in the preceding three years.

(3) submit a completed application with non-refundable application fee as prescribed by the department;

(4) submit the instructor licensing fees;

(5) submit a national criminal history record information review fee;

(6) submit documentation showing that all applicable educational requirements have been met; and

(7) provide fingerprints to the Texas Department of Public Safety (DPS) through the Fingerprint Application Service of Texas (FAST) or any other method required by the DPS.

(b) Driver education instructor license endorsement qualifications and responsibilities:

(1) Supervising teacher qualifications:

(A) must have a valid driver education teacher instructor license, issued by the department, for at least one year; and

(B) must have an official transcript indicating completion of 15 semester hours of driver and traffic safety education from an accredited college or university; or

(C) must have evidence of completion of a department-approved supervising instructor development course that is equivalent to 15 semester hours of driver and traffic safety education from an accredited college or university.

(2) Supervising teacher responsibilities:

(A) may perform instruction and administration of the classroom and in-car phases of driver education;

(B) may perform instruction of a department-approved supervising driver education instructor development course; or

(3) Driver education teacher qualifications:

(A) must have an official transcript indicating completion of 9 semester hours of driver and traffic safety education from an accredited college or university; or

(B) evidence of completion of a department-approved instructor development course that is equivalent to 9 semester hours.

(4) A driver education teacher may perform instruction and administration of the classroom and in-car phases of driver education.

(5) Teaching assistant qualifications:

(A) must have an official transcript indicating completion of six semester hours of driver and traffic safety education from an accredited college or university; or

(B) must have evidence of completion of a department-approved instructor development course that is equivalent to six semester hours.

(6) A teaching assistant may teach or provide only in-car instruction.

(7) Rehabilitative driver education in-car instructor qualifications:

(A) must have evidence of employment from a specific hospital or approved community rehabilitation program; and

(B) must have a valid teaching assistant license issued by the department; or

(C) must have evidence of completion of an approved driver education program for certification as a teaching assistant that is equivalent to at least six semester hours.

(8) Rehabilitative driver education in-car instructor responsibilities:

(A) may only perform in-car instruction; and

(B) the endorsement will be valid while the instructor is employed by or under contract with the specified hospital or approved community rehabilitation program.

(c) An application for renewal of an instructor license shall be submitted on forms prescribed by the department. A complete application shall include the following:

(1) annual licensing fee; and

(2) evidence of completing continuing education during the individual license renewal period.

(d) Continuing education requirements include the following.

(1) Driver education instructors shall participate in and provide evidence of completion of at least one of the following to obtain credit for continuing education. Credit will be given only for courses that were completed during the appropriate licensing period.

(A) Instructors may participate in a department-approved driver education continuing education course. Evidence of completion of continuing education shall be provided for each instructor during the individual license renewal period on department forms or the equivalent. The instructor receiving instruction and the facilitator, presenter, or the school owner providing the instruction shall sign the form.

(B) Credit may also be given for any of the following:

(i) successful completion of a postsecondary course that pertains to instruction techniques or instruction related to driver education as provided by an accredited college or university. Evidence of completion shall be a copy of official school documentation indicating a passing grade;

(ii) successful completion of national, state, or regionally sponsored in-service workshops, seminars, or conferences. These programs must pertain to subject matters that relate to the practice of driver education or teaching techniques;

(iii) successful completion of an approved six-hour driving safety, specialized, or drug and alcohol driving awareness course once every three years if the licensee is not endorsed or has not been endorsed as an instructor in that program for a period of one year previous to class attendance;

(iv) successful completion of an approved continuing education course provided by a licensed driver education school;

(v) successful completion of an eight-hour school bus driver recertification training course; or

(vi) successful completion of a Drug Offender Education Program.

(2) Carryover credit of continuing education hours is not permitted.

(3) A licensee may not receive credit for completing the same course more than once every three years.

(4) A licensed driver education instructor who teaches an approved driver education continuing education course may receive credit for attending continuing education.

(5) A licensed driver education instructor will not receive credit for driver education continuing education by completing or teaching a driving safety continuing education course approved for driving safety only or by completing a driver education course exclusively for adults.

(6) A licensee may not receive credit for completion of a six-hour driving safety course, specialized, or drug and alcohol driving awareness course, if they have already received credit for one of these courses within the previous three years.

(e) All driver education instructor license endorsement changes shall require the following:

(1) written documentation showing all applicable educational requirements have been met to justify endorsement changes; and

(2) the annual licensing fee.

(f) All other license change requests, including duplicate instructor licenses or name changes, shall be made in writing and shall include payment of the duplicate instructor license fee.

(g) An instructor must notify the department of a change of address in writing within thirty (30) days of the change. Address changes do not require a fee.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003336

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

16 TAC §84.43

STATUTORY AUTHORITY

The adopted repeal is adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted repeal are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the adopted repeal.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003347

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER D. PARENT TAUGHT DRIVER EDUCATION

16 TAC §84.51, §84.52

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003337

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER E. DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS

16 TAC §§84.60, 84.62, 84.64

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003338

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER F. DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS

16 TAC §84.70, §84.72

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003339

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER G. GENERAL BUSINESS PRACTICES

16 TAC §§84.80 - 84.82, 84.84, 84.85

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003340

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER H. FACILITIES AND EQUIPMENT FOR DRIVER EDUCATION SCHOOL, DRIVING SAFETY SCHOOLS AND DRUG AND ALCOHOL AWARENESS SCHOOLS

16 TAC §84.90

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003341

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER I. INSPECTIONS

16 TAC §84.103

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003342

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER J. DRIVER EDUCATION AND DRIVING SAFETY SCHOOL CANCELLATION AND REFUND

16 TAC §84.200

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003343

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER K. FEES

16 TAC §§84.300 - 84.302

STATUTORY AUTHORITY

§84.300.Driver Education Fees.

(a) All fees paid to the department are nonrefundable.

(b) Driver Education School Fees:

(1) The initial application fee for a primary driver education school is $500.

(2) The initial application fee for a branch driver education school is $500.

(3) The renewal application fee for a primary driver education school is $100.

(4) The renewal application fee for a branch driver education school is $100.

(5) The fee for a change of the physical address for a driver education primary school and branch is $150.

(6) The fee for a change of name of a driver education school or to change the name of an owner is $50.

(7) If a driver education school changes ownership as defined under §84.2(6), the fee paid by the new owner is $500 for a primary driver education school and $500 for a branch driver education school.

(1) The initial application fee for a driver education instructor license is $50. The fee may not be collected for an applicant who is currently teaching a driver education course in a public school in this state.

(2) The annual renewal application fee for a driver education instructor license is $25.

(3) The national criminal history check fee - The fee in the amount set by and paid to the Texas Department of Public Safety for the cost of fingerprint processing and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation.

(d) Driver Education Course Fees:

(1) The application fee for approval of a traditional driver education course exclusively for adults is $200.

(2) The application fee for approval of an online driver education course exclusively for adults is $5,850.

(3) The application fee for each additional driver education course is $25.

(4) The application fee for approval of a 32-hour Alternative Method of Instruction (AMI) for driver education classroom is $9,750.

(5) The application fee for approval of part of a 32-hour AMI for driver education classroom is $200 per instructional hour.

(6) The fee for a DE-964 certificate of completion is $1.00.

(7) The fee for a DE-964 certificate of completion number is $1.00.

(8) The fee for an ADE-1317 certificate of completion is $1.00.

(9) The fee for an ADE-1317 certificate of completion number is $1.00.

(e) Other Fees:

(1) A duplicate/replacement fee for any license issued under this chapter is $25.

(2) Late renewal fees for licenses issued under this chapter are provided under §60.83 (relating to Late Renewal Fees).

(3) A dishonored/returned check or payment fee is the fee prescribed under §60.82 (relating to Dishonored Payment Device).

(4) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 (relating to Criminal History Evaluation Letters).

(5) The fee for the Parent Taught Driver Education Guide Form is $20.

§84.302.Drug and Alcohol Driving Awareness Fees.

(a) All fees paid to the department are nonrefundable.

(b) Drug and Alcohol Driving Awareness Schools:

(1) The initial application fee for a drug and alcohol driving awareness school is $100.

(2) The fee for a change of address of a drug and alcohol driving awareness school is $50.

(3) The fee for a change of name of a drug and alcohol driving awareness school or name of owner is $50.

(4) If a drug and alcohol driving awareness school changes ownership as defined under §84.2(6), the fee paid by the new owner is $100.

(1) The fee for a drug and alcohol driving awareness program approval is $5,850.

(2) The fee for a drug and alcohol driving awareness program alternative delivery method approval is $5,850.

(3) The application fee for each additional program for a drug and alcohol driving awareness school is $25.

(d) Drug and Alcohol Driving Awareness Instructors:

(1) The initial application fee (including processing and licensing fees) for a drug and alcohol driving awareness instructor license is $50.

(2) The renewal application fee for a drug and alcohol driving awareness instructor license is $25.

(e) Other Fees:

(1) A duplicate/replacement fee for any license issued under this chapter is $25.

(2) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(3) A dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).

(4) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003344

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

16 TAC §§84.500 - 84.507

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003345

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER N. PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS

16 TAC §84.600, §84.601

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003346

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

16 TAC §84.601

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003348

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 463-3671

CHAPTER 97. MOTOR FUEL METERING AND QUALITY

The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 97, Subchapter A, §97.1 and §97.2; Subchapter B, §§97.22, 97.24 - 97.27; Subchapter C, §97.41 and §97.42, Subchapter D, §§97.50, 97.51, 97.54, 97.56, 97.57, 97.59, and 97.60; Subchapter E, §§97.70 - 97.74; and Subchapter F, §97.80, regarding the Motor Fuel Metering and Quality Program without changes to the proposed text as published in the May 22, 2020, issue of the Texas Register (45 TexReg 3409). These rules will not be republished.

The Commission also adopts new rules at 16 TAC, Chapter 97, Subchapter A, §97.3; Subchapter B, §§97.20, 97.21, 97.23, 97.28; Subchapter C, §97.40 and §97.43; Subchapter D, §§97.52, 97.53, 97.55, and 97.58, regarding the Motor Fuel Metering and Quality Program, with changes to the proposed text as published in the May 22, 2020, issue of the Texas Register (45 TexReg 3409). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rules are necessary to implement Senate Bill (SB) 2119, 86th Legislature, Regular Session (2019), which transferred the Motor Fuel Metering and Quality Program (Program) from the Texas Department of Agriculture (TDA) to the Texas Department of Licensing and Regulation (Department) and which, effective September 1, 2020, creates new Texas Occupations Code, Chapter 2310, Motor Fuel Metering and Quality. The adopted rules are necessary to enable the Department to administer and regulate the Program. The adopted rules are separate from, and are not to be confused with, the TDA rules located at 4 TAC, Chapters 5 and 12, regarding the Program, which have been filed for repeal and amendment, respectively, in the July 17, 2020 issue of the Texas Register (45 TexReg 4869).

SECTION-BY-SECTION SUMMARY

The adopted rules create new Subchapter A to contain general provisions applicable to the chapter.

The adopted rules create new §97.1 to identify the statutory authority under which the adopted rules are to be promulgated.

The adopted rules create new §97.2 to establish definitions used in the chapter.

The adopted rules create new §97.3 to adopt by reference certain nationally recognized minimum standards incorporated into the chapter. As a result of public comments received, section 97.3 was changed to remove references to the calendar year within subsections (1), (2) and (3) to reflect that the most "currently published edition" of each nationally recognized standard would be used. Additionally as a result of public comments, subsection (2)(A) was changed to specify the sections within the NIST Handbook that apply to the FMQ program; subsection (2)(C) was changed to correct a typographical error; subsection (2)(D) was changed to more clearly identify the types of ethanol fuel the standard applies to; subsections (2)(E), (2)(F), and (2)(G) were added to provide detail regarding standards that apply to biodiesel, diesel, and ethanol fuels; section (3)(C) was added to include necessary test methods required for fuel quality.

The adopted rules create new Subchapter B to contain provisions applicable to motor fuel metering devices.

The adopted rules create new §97.20 to establish the requirements for registration of devices. Subsection 97.20(d) was changed to clarify that the time for submitting changes is 30 calendar days. As a result of public comments received, subsection 97.20(f) was added to clarify that suppliers are not subject to registration requirements.

The adopted rules create new §97.21 to establish the renewal requirements for device registrations. Subsection 97.21 was renumbered and subsection (b) was removed as a result of a procedural change within licensing at the department.

The adopted rules create new §97.22 to establish the responsibilities of an owner or operator when there is a change to the number of registered devices.

The adopted rules create new §97.23 to establish the requirements for device performance reviews. As a result of public comments received, subsection 97.23(e) was added to clarify that suppliers are not subject to device performance review requirements.

The adopted rules create new §97.24 to establish the requirements applicable to certificates of registration.

The adopted rules create new §97.25 to establish the requirements applicable to consumer information stickers.

The adopted rules create new §97.26 to establish the requirements applicable to devices that fail to comply with technical requirements.

The adopted rules create new §97.27 to establish the requirements applicable to devices that are condemned by the department.

The adopted rules create new §97.28 to establish the requirements for maintenance of records of device performance reviews. As a result of industry input, subsection 97.28(a) has been changed to remove the requirement that device performance review records at the location it was performed.

The adopted rules create new Subchapter C to contain provisions applicable to the sale, delivery, and quality of motor fuel.

The adopted rules create new §97.40 to establish the requirements applicable to certificates of compliance for distributors, jobbers, suppliers, and wholesalers. Section 97.40 was renumbered and changed for consistency throughout the chapter by adding a requirement that contact information be updated with the department within 30 calendar days of the change.

The adopted rules create new §97.41 to establish the requirements applicable to automotive fuel rating.

The adopted rules create new §97.42 to establish the requirements applicable to stop-sale orders.

The adopted rules create new §97.43 to establish the requirements applicable to the maintenance of fuel delivery records. As a result of industry and staff input, subsection 97.43(b) was changed to clarify that, like subsection (a), those record keeping requirements also apply to all dealers, distributors, jobbers, suppliers, and wholesalers.

The adopted rules create new Subchapter D to contain the provisions applicable to service companies and service technicians.

The adopted rules create new §97.50 to establish the requirement of criminal history checks on applicants for service company licenses and service technician licenses.

The adopted rules create new §97.51 to establish device categories and types of maintenance activities that a service company or service technician may perform.

The adopted rules create new §97.52 to establish the requirements for a service company license. Section 97.52 was renumbered and changed for consistency throughout the chapter by adding a requirement that contact information be updated with the department within 30 calendar days of the change.

The adopted rules create new §97.53 to establish the insurance requirements for a service company. Subsection 97.53(c) was added to ensure that changes in insurance carrier or coverage amounts are submitted to the department within 30 calendar days.

The adopted rules create new §97.54 to establish the renewal requirements for a service company license.

The adopted rules create new §97.55 to establish the requirements for a service technician license. Section 97.55 was renumbered and changed for consistency throughout the chapter by adding a requirement that contact information be updated with the department within 30 calendar days of the change.

The adopted rules create new §97.56 to establish the renewal requirements for a service technician license.

The adopted rules create new §97.57 to establish the examination requirements for a service technician license.

The adopted rules create new §97.58 to establish the requirements applicable to test standards. Subsection 97.58(a) was changed for clarity to provide that test standards may be certified by recognized or accredited laboratories that adhere to ISO 1705 standards.

The adopted rules create new §97.59 to establish the responsibilities of a service technician to inspect for and report the presence of a skimmer.

The adopted rules create new §97.60 to establish the records maintenance requirements for service companies.

The adopted rules create new Subchapter E to contain provisions relating to fees.

The adopted rules create new §97.70 to establish device fees.

The adopted rules create new §97.71 to establish fees for distributors, jobbers, wholesalers, and suppliers.

The adopted rules create new §97.72 to establish fees for service companies.

The adopted rules create new §97.73 to establish fees for service technicians.

The adopted rules create new §97.74 to establish policies applicable to fees.

The adopted rules create new Subchapter F to contain fees relating to enforcement.

The adopted rules create new §97.80 to establish the authority of the Commission and the Department to institute enforcement proceedings to impose administrative penalties and sanctions for violations of applicable laws and rules.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 22, 2020, issue of the Texas Register (45 TexReg 3409). The deadline for public comments was June 22, 2020. The Department received comments from four interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: The Department received a question from an individual that was non-responsive to the substance of the proposal.

Department Response: The Department notes that the individual’s question is issue-specific and will not be addressed in this preamble. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Department received a comment from the Texas Food and Fuel Association (TFFA). TFFA did not submit any written suggestions or changes regarding the proposal.

Department Response: The Department thanks the TFFA for their support of the program and the rules. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Department received comments from Flint Hills Resources and the Texas Oil and Gas Association (TxOGA) regarding exemption of suppliers from device registration and device performance review requirements. Flint Hills indicated that their terminal meters undergo strict scrutiny in testing and records are available at any time. TxOGA reiterated that suppliers are subject to testing protocols for accuracy at the federal and state level. TxOGA also pointed out that suppliers were not subject to device registration requirements while regulated by TDA.

Department Response: The Department appreciates and agrees with the submissions by the commenters. In accordance with statutory authority under Texas Occupations Code, section 2310.053, and for clarification purposes, a change was made to provide that suppliers are exempt from device registration and device performance review requirements.

Comment: TxOGA submitted comments regarding the standards used for regulation of motor fuels. TxOGA recommended adoption of the most currently published versions of those standards, not a specific calendar year, to ensure that industry and the department are conforming with the most up-to-date standards. TxOGA also recommended adding ASTM standards to subsection 97.3(2) to provide specificity and guidance in regulation of the program.

Department Response: The Department agrees with these comments. The Department has updated section 97.3 to reference the most "currently published edition" of the national standards and has also added specificity for motor fuel standards utilized by the Department.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION RECOMMENDATIONS

The Motor Fuel Metering and Quality Workgroup (Workgroup) met on July 27, 2020, to discuss the proposed rules and the public comments received. The Workgroup recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §§97.3, 97.20, 97.21, 97.23, 97.28, 97.40, 97.43, 97.52, 97.53, 97.55, and 97.58 made in response to public comment and Department recommendations as explained in the Section-by-Section Summary. At its meeting on August 4, 2020, the Commission adopted the proposed rules with changes as recommended by the Workgroup.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §§97.1 - 97.3

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 2310, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Business and Commerce Code, Chapter 607, and Texas Occupations Code, Chapters 51 and 2310. No other statutes, articles, or codes are affected by the adopted rules.

§97.3.Adoption by Reference.

In accordance with Chapter 2310 of the Code, the department adopts the currently published edition of each of the following nationally recognized minimum standards for the purpose of administering and enforcing this chapter:

(1) Legal standards for weights and measures. NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices."

(2) Motor fuel quality testing standards.

(A) NIST Handbook 130, "Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality," specifically Section 2.20. Gasoline-Oxygenate Blends, Section 2.21. Liquified Petroleum Gas, Section 2.27. Retail Sales of Natural Gas Sold as a Vehicle Fuel, Section 2.30. Ethanol Flex Fuel, and Section 2.31. Biodiesel and Biodiesel Blends, as standard specifications for alcohol blends with the following modifications:

(i) vapor pressure tolerance not exceeding one pound per square inch for motor fuels blended with ethanol, excluding the time period from May 1 through October 1 for counties required to have low emissions fuels; and

(ii) vapor pressure seasonal specifications may be extended for a maximum period of 15 days to allow for the disbursement of old stocks. However, new stocks of a higher volatility classification shall not be offered for retail sale prior to the effective date of the higher volatility classification;

(B) ASTM D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel," as the standard specifications for gasoline with the following modification:

(i) vapor pressure and vapor/liquid ratio seasonal specifications may be extended for a maximum period of 15 days to allow for the disbursement of old stocks. However, new stocks of a higher volatility classification shall not be offered for retail sale prior to the effective date of the higher volatility classification; and

(ii) the vapor/liquid ratio specification shall be waived for motor fuels blended with ethanol;

(C) ASTM D975, "Standard Specification for Diesel Fuel," as the standard specifications for diesel motor fuels and renewable diesel fuels;

(D) ASTM D5798, "Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines," as the standard specifications for 51 volume percent to 83 volume percent ethanol fuel;

(E) ASTM D6751, "Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels;"

(F) ASTM D7467, "Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20);" and

(G) ASTM D7794, "Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive Spark-Ignition Engines," as the standard specification for gasoline ethanol blends containing 16 to 50 volume percent ethanol.

(3) Automotive Fuel Rating. The testing methods, standards and specifications used to determine the automotive fuel rating shall be those prescribed by the most current editions of:

(A) ASTM D2699, "Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel;"

(B) ASTM D2700, "Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel;"

(C) ASTM D2885 "Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique;" and

(D) ASTM D5599, "Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection."

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003352

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 22, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER B. MOTOR FUEL METERING DEVICES

16 TAC §§97.20 - 97.28

STATUTORY AUTHORITY

§97.20.Registration Required--Devices.

(a) Prior to operation, a device must be registered. To register a device, an owner or operator must submit:

(1) a completed application in a manner prescribed by the department;

(2) documentation of a device performance review in a manner acceptable to the department; and

(3) the fee required under §97.70.

(b) Device registrations cannot be transferred. A new owner or operator must submit a completed registration application under this section.

(c) A change in the owner or operator's federal employer identification number or social security number (for sole proprietors) constitutes a change of business identity and requires a new registration application to be submitted under this section.

(d) A change in the name or contact information for an owner or operator must be submitted to the department within 30 calendar days.

(e) Device registrations are valid for two years from issuance of the certificate of registration and must be renewed every two years.

(f) A supplier is exempt from this section.

§97.21.Registration Renewal--Devices.

(a) To renew a device registration, an owner or operator must submit:

(1) a completed renewal application in a manner prescribed by the department;

(2) documentation of a device performance review in a manner prescribed by the department; and

(3) the fee required under §97.70.

(b) An owner or operator is responsible for renewing a device registration before the expiration date. Lack of receipt of a renewal notice from the department shall not excuse failure to file for renewal or late renewal.

§97.23.Device Performance Review Requirements.

(a) At least once every two years a DPR must be completed on each registered device.

(b) To be valid, a service company must complete a DPR of a device on a single day. A DPR must include:

(1) performance testing;

(2) calibration, if necessary; and

(3) inspection of the device:

(A) to ensure operation within NIST Handbook 44 specifications, tolerances and other technical requirements along with specified manufacturer guidelines; and

(B) to detect the presence of skimmers.

(c) A DPR report must be submitted by a service company within 10 business days of the DPR in a manner prescribed by the department.

(d) Effective date.

(1) Beginning September 1, 2020, devices with a maximum flow rate of 20 GPM or less are subject to this section.

(2) Beginning September 1, 2021, the following devices will also be subject to this section.

(A) Devices with a maximum flow rate of greater than 20 GPM to 100 GPM;

(B) Devices with a maximum flow rate of greater than 100 GPM; and

(e) A supplier is exempt from this section.

§97.28.Device Records.

(a) A device performance review report shall be maintained for a period of two years.

(b) All records required to be maintained shall be made available upon request by the department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003353

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 22, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER C. SALE, DELIVERY, AND QUALITY OF MOTOR FUEL

16 TAC §§97.40 - 97.43

STATUTORY AUTHORITY

§97.40.Distributor, Jobber, Supplier, Wholesaler--Certificate of Compliance.

(a) To be eligible for a certificate of compliance, a distributor, jobber, supplier, or wholesaler must:

(1) submit complete business, facility, and contact information in a manner prescribed by the department; and

(2) pay the fee required under §97.71.

(b) A change in the name or contact information of the owner or operator must be submitted to the department within 30 calendar days.

§97.43.Fuel Delivery Records.

(a) Dealers, distributors, jobbers, suppliers, and wholesalers must keep the following records for four years:

(1) all invoices, receipts, or other transmittal records of the purchase, sale, delivery, or distribution of motor fuel; and

(2) any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed.

(b) All delivery tickets and letters of certification related to automotive fuel rating must be maintained by dealers, distributors, jobbers, suppliers, and wholesalers for one year.

(c) All records required to be maintained shall be made available upon request by the department or an authorized representative of the department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003354

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 22, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER D. SERVICE COMPANIES AND SERVICE TECHNICIANS

16 TAC §§97.50 - 97.60

STATUTORY AUTHORITY

§97.52.Service Company License Requirements--General.

(a) To obtain a service company license, an applicant must submit:

(1) a completed application in a manner prescribed by the department;

(2) proof of insurance acceptable to the department, as required under §97.53;

(3) proof of calibration of test standards in a manner prescribed by the department, as required in §97.58; and

(4) the fee required under §97.72.

(b) A sole proprietor may not perform or offer to perform device maintenance activities unless the sole proprietor:

(1) is exempt from holding a license under this section pursuant to §2310.154 of the Code; or

(2) holds:

(A) a service technician license issued by the department, or a service technician license issued under Subchapter I, Chapter 13, Texas Agriculture Code; and

(B) a service company license issued by the department, or a service company license issued under Subchapter I, Chapter 13, Texas Agriculture Code.

(c) A person licensed under this section or Subchapter I, Chapter 13, Texas Agriculture Code must comply with this chapter.

(d) A change in the name or contact information for the business or a controlling person of the business must be submitted to the department within 30 calendar days.

(e) A license issued under this section is valid for two years from the date of issuance and must be renewed every two years.

§97.53.Service Company License Requirements--Insurance.

(a) A service company must maintain at least the following minimum general liability insurance coverages at all times:

(1) $25,000 per occurrence; or

(2) $50,000 aggregate.

(b) Insurance must be obtained from an admitted company or an eligible surplus lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance companies that are rated by A.M. Best Company as B+ or higher.

(c) A change in insurance carrier or minimum general liability insurance coverages must be submitted to the department within 30 calendar days.

§97.55.Service Technician License Requirements--General.

(a) To obtain a service technician license, an applicant must:

(1) submit a completed application in a manner prescribed by the department;

(2) pass a written examination for each device category with a score of at least 70%, in accordance with §97.57; and

(3) pay the fee required under §97.72.

(b) An individual may not perform or offer to perform device maintenance activities unless the individual:

(1) is exempt from holding a license under this section pursuant to §2310.154 of the Code; or

(2) holds a service technician license issued by the department, or a service technician license issued under Subchapter I, Chapter 13, Texas Agriculture Code, and:

(A) is employed by a service company; or

(B) holds a service company license issued by the department, or a service company license issued under Subchapter I, Chapter 13, Texas Agriculture Code.

(c) An individual licensed under this section or Subchapter I, Chapter 13, Texas Agriculture Code must comply with this chapter.

(d) A change in name or contact information must be submitted to the department within 30 calendar days.

(e) A license issued under this section is valid for two years from the date of issuance and must be renewed every two years.

§97.58.Test Standards.

(a) Test standards must be certified annually by a recognized or accredited laboratory that adheres to ISO 17025 standards. A service company must maintain at least one test standard per licensed device category as follows:

(1) Low flow: five-gallon or greater test measure or prover;

(2) High flow: prover with a capacity that exceeds the amount of liquid delivered by the device in one minute at the maximum flow rate;

(3) LPG: LPG prover.

(b) A test standard that becomes damaged must be taken out of operation immediately and recalibrated prior to use. A test standard that is beyond repair must be taken out of service permanently.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003355

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 22, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER E. FEES

16 TAC §§97.70 - 97.74

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003356

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 22, 2020

For further information, please call: (512) 463-3671

SUBCHAPTER F. ENFORCEMENT

16 TAC §97.80

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003357

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: May 22, 2020

For further information, please call: (512) 463-3671

CHAPTER 98. MOTORCYCLE OPERATOR TRAINING AND SAFETY

16 TAC §§98.1, 98.10, 98.20 - 98.23, 98.25 - 98.27, 98.30, 98.40, 98.50, 98.60, 98.65 - 98.70, 98.72, 98.74, 98.76, 98.80, 98.90, 98.92, 98.100, 98.102, 98.104, 98.106, 98.108, 98.110, 98.112, 98.114

The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 98, §§98.1, 98.10, 98.20, 98.21, 98.23, 98.25, 98.27, 98.60, 98.65 - 98.69, 98.72, 98.74, 98.76, 98.80, 98.90, 98.92, 98.100, 98.104, 98.106, 98.110, 98.112, and 98.114, regarding the Motorcycle Operator Training and Safety Program without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3959). These adopted rules will not be republished.

The Commission also adopts new rules at 16 TAC, Chapter 98, §§98.22, 98.26, 98.30, 98.40, 98.50, 98.70, 98.102, and 98.108, regarding the Motorcycle Operator Training and Safety Program, with changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3959). These adopted rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rules create new 16 TAC, Chapter 98, to implement Texas Transportation Code, Chapter 662, Motorcycle Operator Training and Safety. The adopted rules also implement Senate Bill (SB) 616, Article 8, 86th Legislature, Regular Session (2019), which transfers the Motorcycle Operator Training and Safety Program (Program) from the Texas Department of Public Safety (DPS) to the Commission and the Texas Department of Licensing and Regulation (Department), effective September 1, 2020. The adopted rules are necessary to enable the Commission and the Department to administer and regulate the Program. The adopted rules are separate from, and are not to be confused with, the DPS rules located at 37 TAC, Chapter 31, regarding the Program, which are still in effect and will be repealed.

SECTION-BY-SECTION SUMMARY

The adopted rules create new §98.1 to identify the statutory authority under which the adopted rules are promulgated.

The adopted rules create new §98.10 to establish the definitions to be used in the chapter.

The adopted rules create new §98.20 to identify the requirements, including possession of an instructor license, that allow an individual to offer or provide instruction in motorcycle operation to the public for consideration.

The adopted rules create new §98.21 to establish the prerequisites for an individual to be eligible for an instructor license.

The adopted rules create new §98.22 to identify the instructor preparation course that an individual must successfully complete to be eligible for an instructor license and the prerequisites for an individual to be eligible to enroll in the instructor preparation course. A change recommended by Department staff has been made to the proposed rule as published to provide the executive director of the Department the authority to approve the training program to be used as the instructor preparation course.

The adopted rules create new §98.23 to establish the term and renewal requirements of an instructor license.

The adopted rules create new §98.25 to identify the requirements, including possession of a motorcycle school license, that allow an individual or entity to offer or conduct training in motorcycle operation for consideration.

The adopted rules create new §98.26 to establish the prerequisites for an individual or entity to be eligible for a motorcycle school license. In response to public comments, changes have been made to the proposed rule as published to remove proposed §98.26(5)(B) because it referenced the insurance requirements of proposed §98.40(b), which has also been removed in response to public comments, as explained in the summary of §98.40. The text in proposed §98.26(5)(A) was consolidated with the text in the remainder of proposed §98.26(5). The removal of §98.40(b) also required a change to §98.26(3) to remove the reference to §98.40(a) and replace it with a reference to §98.40.

The adopted rules create new §98.27 to establish the term and renewal requirements of a motorcycle school license.

The adopted rules create new §98.30 to establish exemptions for certain courses that will not be regulated by the Department. In response to a public comment, a change has been made to the proposed rule as published to remove from §98.30(2) the phrase "or to enhance a participant's riding skills on public roadways." The public comment pointed out that this phrase is problematic because all motorcycle training enhances skills on public roadways, so making an exemption dependent on a course not being claimed to enhance those skills could prevent any course from being exempt under §98.30(2).

The adopted rules create new §98.40 to establish the required insurance coverage for a motorcycle school. In response to public comments, a change has been made to the proposed rule as published to remove §98.40(b). Public comments stated that the motor vehicle liability insurance required by proposed §98.40(b) for each motorcycle is unnecessary because the motorcycles are already covered by the insurance policy required for the school in proposed §98.40(a); is inappropriate because the training courses do not involve riding motorcycles on public roadways; and may be cost prohibitive for some motorcycle schools. With the removal of proposed §98.40(b), proposed §98.40(a) is relabeled to become simply §98.40.

The adopted rules create new §98.50 to establish the information that a motorcycle school must report to the Department and the required time and frequency of reporting the information. In response to a public comment, a change has been made to the proposed rule as published to change the time period in proposed §98.50(a) within which a motorcycle school must report an incident to the Department, from "48 hours" to "three business days." A public comment stated that 48 hours may not be sufficient time for a motorcycle school that is closed for two consecutive days in a week, so this change provides a more reasonable length of time to report an incident to the Department.

The adopted rules create new §98.60 to establish the authority of the Department to conduct unannounced audits to ensure compliance with applicable statutes and rules.

The adopted rules create new §98.65 to establish the composition of the Motorcycle Safety Advisory Board (Advisory Board).

The adopted rules create new §98.66 to establish the duties of the Advisory Board.

The adopted rules create new §98.67 to establish the terms of the members of the Advisory Board, the process for filling vacancies, and the grounds for removal.

The adopted rules create new §98.68 to establish the process for designating the presiding officer of the Advisory Board and the duties of the presiding officer.

The adopted rules create new §98.69 to establish the procedures for meetings of the Advisory Board.

The adopted rules create new §98.70 to establish the responsibilities of an instructor. In response to public comments, a change has been made to the proposed rule as published. The requirement in proposed §98.70(a)(14) for an instructor to wear, and ensure all students wear, protective gear "whenever riding on the range" has been changed to read "whenever participating in the on-cycle portion of any course." This change clarifies that the protective gear must be worn when seated on a stationary motorcycle and provides consistency with similar language in §98.72(a)(15) and §98.108(f). The removal of §98.40(b) also required a change to §98.70(a)(9) to remove the reference to §98.40(b) and replace it with a reference to §98.40.

The adopted rules create new §98.72 to establish the responsibilities of a motorcycle school.

The adopted rules create new §98.74 to establish the requirements of a motorcycle school prior to a relocation.

The adopted rules create new §98.76 to establish the requirements of a motorcycle school after a change of ownership.

The adopted rules create new §98.80 to establish the fees for the issuance and renewal of an instructor license and a motorcycle school license.

The adopted rules create new §98.90 to establish the authority of the Commission and the executive director of the Department to impose administrative penalties and sanctions against an individual or entity who violates a statute or rule applicable to the Program.

The adopted rules create new §98.92 to establish the authority of the Commission and the Department to enforce the statutes and rules applicable to the Program.

The adopted rules create new §98.100 to establish the training site requirements of a motorcycle school.

The adopted rules create new §98.102 to establish the requirements applicable to motorcycles used for training at a motorcycle school. In response to a public comment, a change has been made to the proposed rule as published. The reference in proposed §98.102(b)(2) to the motor vehicle liability insurance requirements of proposed §98.40(b) has been changed to instead reference Texas Transportation Code §601.072, to ensure that the removal of proposed §98.40(b) does not affect the requirement for student-provided motorcycles used in courses to be covered by a motor vehicle liability insurance policy.

The adopted rules create new §98.104 to establish the prerequisites for an individual to enroll in a course in motorcycle operator training.

The adopted rules create new §98.106 to establish the requirements applicable to the issuance of course completion certificates.

The adopted rules create new §98.108 to establish the requirements applicable to motorcycle operator training courses. In response to public comments, a change has been made to the proposed rule as published. The requirement in proposed §98.108(f) for all instructors to wear protective gear when participating in "the range portion of the course" has been changed to instead reference "the on-cycle portion of the course." This change provides consistency with similar language in §98.70(a)(14) and §98.72(a)(15).

The adopted rules create new §98.110 to establish the process for obtaining Department approval of a curriculum for a motorcycle operator training course.

The adopted rules create new §98.112 to establish the minimum standards for Department approval of an entry-level course in motorcycle operator training and adopts by reference the Model National Standards for Entry-Level Motorcycle Rider Training (August 2011) distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.

The adopted rules create new §98.114 to establish the minimum standards for Department approval of a motorcycle operator training course that is not an entry-level course.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the June 12, 2020, issue of the Texas Register (45 TexReg 3959). The deadline for public comments was July 13, 2020. The Department received comments from six interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: One comment questions the definition of "entry-level course" in §98.10(6). The comment points out that there are currently courses designed for experienced riders to meet the training requirement to obtain a Class M driver license, and the comment questions whether the definition will exclude those courses from fulfilling the training requirement to obtain a Class M driver license.

Department Response: The Department disagrees with the conclusion suggested by the comment. The definition of "entry-level course" in §98.10(6) includes any course that is designed to fulfill the training requirement to obtain a Class M driver's license. This includes courses that provide additional training beyond the minimum curriculum requirements for an entry-level course. Any course curriculum approved by the department as meeting the minimum curriculum standards for an entry-level course under §98.112 will fulfill the Class M training requirement, and such a course may also include additional curriculum elements designed for experienced riders, without affecting its categorization as an entry-level course. A course curriculum that only covers riding techniques for experienced riders and does not meet the minimum curriculum standards for an entry-level course would not meet the Class M training requirement and could only obtain curriculum approval by meeting the curriculum standards in §98.114 for a non-entry-level course. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment questions whether the definition of "incident" in §98.10(7) excludes instances where a student is injured.

Department Response: The definition of "incident" in §98.10(7) does not reference a student injury. The rule language continues the standard currently imposed by DPS Instructor Rule of Professional Conduct #9, which is incorporated into current DPS rule at 37 TAC §31.3(b)(10); and currently imposed by DPS Sponsor Rule of Professional Conduct #7, which is incorporated into current DPS rule at 37 TAC §31.2(d)(4) and §31.12(g). The Department has determined that any substantial change to this standard should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment states that track school instructors, where an ambulance is present during training, are not required to maintain First Aid and CPR certification, and they would need time to comply with the requirement in §98.21(7) for instructors to have such certification.

Department Response: The Department disagrees with the comment. The First Aid and CPR certification requirements in §98.21(7) continue the standard currently imposed by DPS rule at 37 TAC §31.3(b)(7), so instructors currently approved by DPS should not require additional time for compliance. Further, if the "track school instructors" referenced by the comment are only teaching courses involving off-road dirt bike training or motorcycle racing on a racetrack, they may be exempt under §98.30(2). The Department did not make any changes in response to this comment.

Comment: The Motorcycle Safety Foundation submitted a comment inquiring what criteria the commission will use to approve an instructor training program under §98.22(a) and who will be permitted to conduct new instructor training. The comment did not indicate whether it was for or against the adoption of the rule.

Department Response: Transportation Code §662.0062, which takes effect September 1, 2020, provides criteria in subsection (a)(1) that the program must be a "training program on motorcycle operator training and safety instruction administered by the Texas A&M Engineering Extension Service." As the program administrator, the Texas A&M Engineering Extension Service will determine who will be permitted to conduct instructor training. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment concerning the exemption of licensure in §98.30(2) for courses that provide instruction only in off-road dirt bike training or motorcycle racing techniques on a racetrack points out that the requirement that such courses not be advertised or otherwise claimed to "enhance a participant's riding skills on public roadways" is problematic because all motorcycle training enhances riding skills on public roadways.

Department Response: The Department agrees with the comment and has removed the phrase "or to enhance a participant's riding skills on public roadways" from §98.30(2).

Comment: One comment requests the removal of §98.40(b), which requires each motorcycle used at a school to be covered by a motor vehicle liability insurance policy. The comment notes that the motorcycles are already covered by the insurance policy required for the school in §98.40(a). The comment also identifies affected references to §98.40 in §98.26(5)(B) and §98.72(a)(3).

Department Response: The Department agrees with the comment and has removed §98.40(b) and §98.26(5)(B). The Department did not remove the reference to §98.40 in §98.72(a)(3) because the reference is not specific to §98.40(b) and remains consistent with the remainder of §98.40.

Comment: One comment states that the requirement in proposed §98.40(b) for each motorcycle to be covered by a motor vehicle liability insurance policy that meets the minimum coverage amounts in Texas Transportation Code §601.072 is inappropriate because that insurance is required for motor vehicles used on public highways, whereas the training courses will only involve riding motorcycles on a range, such as a parking lot. The comment states that requiring this insurance on each motorcycle, in addition to the insurance required for the school in proposed §98.40(a), may be cost prohibitive for schools. The comment also identifies affected references to §98.40 in §98.72(a)(3) and §98.102(b)(2). The comment recommends that if proposed §98.40(b) is removed, then proposed §98.102(b)(2) should be revised to include a reference to Texas Transportation Code §601.072 so that the motor vehicle liability insurance requirement remains applicable to student-provided motorcycles.

Department Response: The Department agrees with the comment and has removed §98.40(b) and has revised §98.102(b)(2) to include a reference to Texas Transportation Code §601.072. The Department did not remove the reference to §98.40 in §98.72(a)(3) because the reference is not specific to §98.40(b) and remains consistent with the remainder of §98.40.

Comment: One comment states that the requirement in proposed §98.50(a) for a motorcycle school to report an incident to the department within 48 hours should be changed to 72 hours because 48 hours may not be sufficient time if a motorcycle school is closed for two consecutive days in a week.

Department Response: The Department agrees with the comment and has changed §98.50(a) to read: "A motorcycle school must report each incident to the department within three business days of the incident, in the form and manner prescribed by the department."

Comment: One comment states that the six-year term for advisory board members in §98.67(a) is excessive and should be between two and four years.

Department Response: The Department disagrees with the comment. The six-year term for advisory board members is a statutory requirement imposed by new Texas Transportation Code §662.0037(c), so the Department does not have the authority to make the suggested change. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment states that the requirement in proposed §98.70(a)(14) for an instructor to "wear, and ensure all students wear, the protective gear required by §98.108(f) whenever riding on the range" removes the current requirement for instructors to wear "All The Gear All The Time (ATGATT) as taught in all motorcycle safety courses." The comment also points out that the language is phrased differently than in §98.72(a)(15), which states "whenever participating in the on-cycle portion of any course," which is better language because it includes sitting on a stationary motorcycle.

Department Response: The Department agrees with the comment and has changed §98.70(a)(14) to state, "whenever participating in the on-cycle portion of any course," and has changed §98.108(f) to state, "when participating in the on-cycle portion of the course." These changes provide consistency in rule language and clarify that protective gear is required when seated on a stationary motorcycle.

Comment: One comment suggests a change to proposed §98.70(a)(14), which requires an instructor to "wear, and ensure all students wear, the protective gear required by §98.108(f) whenever riding on the range." The comment suggests changing the language so that the rule clearly applies "whenever seated on a motorcycle."

Comment: One comment states that the responsibility imposed on an instructor in §98.102(a) and (b)(3) to reject a motorcycle if the motorcycle is unsafe or inappropriate relies on the discretion of the instructor and does not give any specific guidelines for making that determination. The comment questions whether an instructor may be held liable for a motorcycle that the instructor approves that is later deemed to be a factor in a student's injury. The comment also identifies references to §98.102(a) in §98.70(a)(8) and §98.72(a)(9).

Department Response: The requirement in §98.102(a) continues the standard currently imposed by DPS rule at 37 TAC §31.7(a), which grants discretion to the instructor to determine whether a motorcycle is unsafe or inappropriate. If an instructor determines that a motorcycle is unsafe or inappropriate and the instructor fails to reject the motorcycle for use in the course, the instructor could be subject to enforcement actions by the Department for violation of the rule. The Department cannot speculate whether an instructor would be subject to any legal liability outside the regulatory authority of the Department resulting from a decision made by the instructor. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Motorcycle Safety Foundation submitted a comment regarding the requirement in §98.102(a) for an instructor to reject an unsafe or inappropriate motorcycle. The comment notes that training motorcycles are rarely used on public roadways and are not registered for street use, so components such as mirrors and turn signals are removed to reduce damage from tip overs and expense to training providers. The comment does not indicate whether it is for or against adoption of the rule.

Department Response: The requirement in §98.102(a) continues the standard currently imposed by DPS rule at 37 TAC §31.7(a). The Department has determined that any change to this standard should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Motorcycle Safety Foundation submitted a comment regarding §98.102(d)(2), which was not included in the proposed rules as published in the Texas Register. The comment explains that the Motorcycle Safety Foundation has updated its criteria for training motorcycles. The comment did not indicate whether it was for or against adoption of a proposed rule.

Department Response: The proposed rules as published in the Texas Register do not include §98.102(d)(2), so the comment is outside the scope of the proposed rules. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment concerning the student admission requirements in §98.104(a) states that these requirements do not allow someone age 25 or older to obtain only a Class M driver license without being required to take the written test for a Class C driver license, which would require a second visit to a driver license office. The comment also identifies an affected reference to §98.104 in §98.72(a)(10).

Department Response: The student admission requirements in §98.104(a) ensure that an individual has sufficient knowledge of the laws and rules applicable to operation of a motor vehicle on public roadways before an individual can become eligible to receive a Class M driver license enabling operation of a motorcycle on a public roadway. The minimum course curriculum requirements for an entry-level course in §98.112 do not include a requirement to cover the laws and rules applicable to all motor vehicles operating on public roadways, so §98.104(a) ensures that students have obtained that knowledge elsewhere. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment concerning the student admission requirements in §98.104(c) questions whether there is a requirement for a motorcycle school to obtain parental consent for an individual younger than 18 years of age to take a course. The comment also identifies an affected reference to §98.104 in §98.72(a)(10).

Department Response: Section 98.104(c) does not currently contain a specific requirement to obtain parental consent for an individual younger than 18 years of age to take a course. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment concerning course completion certificates in §98.106 inquires as to whether there will be a requirement to issue a department-approved course completion certificate to a student who has successfully completed a non-entry-level course. The comment states that insurance companies, military bases, and courts require completion certificates for non-entry-level courses.

Department Response: Section 98.106 does not require the issuance of a department-approved course completion certificate to a student who has successfully completed a non-entry-level course, nor does it prohibit a school from issuing its own course completion certificate to such a student, which may be accepted by insurance companies, military bases, and courts. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment concerning the course requirements in §98.108 states that subsection (a) alone is sufficient to define course requirements and that subsections (b) through (e) are specific to one particular curriculum and need to be removed or reworded to accommodate other courses. The comment also identifies affected references to §98.108 in §98.70(a)(12) and §98.72(a)(14).

Department Response: The course requirements in §98.108(b) through (e) continue the standards currently imposed by DPS rule at 37 TAC §31.6(c)(1), (2), and (4). The Department has determined that any change to these standards should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment, but the comment will be considered for possible inclusion in a future rulemaking.

Comment: One comment states that the classroom limitation of 36 students per instructor in §98.108(b) is excessive and should be reduced to 24 students per instructor.

Department Response: The student-to-instructor limitation in §98.108(b) continues the standard currently imposed by DPS rule at 37 TAC §31.6(c)(1). The Department has determined that any change to this standard should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment stated that the limitation of 12 students on a range in §98.108(d) is acceptable for a full-size range but is crowded and may increase safety issues on smaller ranges.

Department Response: The student-to-range limitation in §98.108(d) continues the standard currently imposed by DPS rule at 37 TAC §31.6(c)(2). The Department has determined that any change to this standard should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment stated that the requirement in §98.108(f) for students and instructors to wear minimum protective gear creates health issues because, when courses are conducted in heat and humidity, the protective gear is heavy and gets hot, which increases the risk of heat-related emergencies. The comment suggests making the minimum protective gear a recommendation rather than a requirement.

Department Response: The requirement to wear minimum protective gear in §98.108(f) continues the standard currently imposed by DPS rule at 37 TAC §31.6(d). The Department has determined that any change to this standard should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Motorcycle Safety Foundation submitted a comment seemingly against the adoption of §98.112, which adopts the model standards developed by the National Highway Traffic Safety Administration (NHTSA), as the minimum curriculum standards for entry-level courses in Texas. The comment states that the NHTSA standards are non-binding; are not regulatory; only establish baseline content that all entry-level riders should be taught; and are educational standards, not a curriculum.

Department Response: The Department agrees with the observations made by the comment but disagrees that the observations are reasons against adoption of the NHTSA standards. The Department plans to use the NHTSA standards as educational standards that establish the baseline content that all entry-level riders in Texas should be taught. The standards do not impose a curriculum; rather, they provide the minimum content a curriculum must include to be approved by the Department. Transportation Code §662.0033, effective September 1, 2020, provides in subsection (c): "In establishing the minimum curriculum standards for entry-level courses, the commission shall consider the standards for motorcycle operator training and safety courses adopted by the National Highway Traffic Safety Administration." The Department has determined that it is appropriate to adopt the NHTSA standards as the minimum curriculum standards for entry-level courses and that any modifications to the standards should be made with the assistance of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Motorcycle Safety Foundation submitted a separate comment with regard to §98.112 inquiring as to what process the department will use to determine entry-level course compliance with the NHTSA model standards. This comment did not indicate whether it was for or against adoption of a proposed rule.

Department Response: Department staff will review the material received under §98.110(a) and will analyze whether the material satisfies each minimum curriculum standard. If the material satisfies all the minimum curriculum standards, the course will be approved. For technical matters that require industry knowledge or expertise, the Department may seek assistance from members of the Motorcycle Safety Advisory Board, which can be established when Texas Transportation Code §662.0037 takes effect on September 1, 2020. The Department did not make any changes to the proposed rules in response to this comment.

Comment: The Motorcycle Safety Foundation submitted a comment inquiring as to what process and criteria the department will use to determine whether a non-entry-level course meets the curriculum requirements in §98.114. The comment does not indicate whether it is for or against adoption of the proposed rule.

Comment: One comment states that the absence of a requirement for instructor and motorcycle school license applicants to undergo criminal history background checks creates safety concerns because students under the age of 18 years will be taking courses conducted by individuals with unknown criminal histories.

Department Response: Texas Transportation Code, Chapter 662, as effective September 1, 2020, does not include a requirement for instructor or motorcycle school applicants to undergo a criminal history background check, so the Department did not impose such a requirement. The Department did not make any changes to the proposed rules in response to this comment.

Advisory Board Recommendations AND COMMISSION ACTION

SB 616 creates new Texas Transportation Code §662.0037, effective September 1, 2020, which authorizes the establishment of the Advisory Board. Because it cannot be established until September 1, 2020, the Advisory Board was not able to provide a recommendation on the adoption of the proposed rules. At its meeting on August 4, 2020, the Commission adopted the proposed rules with changes.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 662, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Code of Criminal Procedure, Article 45.0511; Texas Government Code, §103.021; Texas Occupations Code, Chapter 51; and Texas Transportation Code, Chapters 521, 522, 661, and 662. No other statutes, articles, or codes are affected by the adopted rules.

§98.22.Instructor--Preparation Course.

(a) The instructor preparation course required by §98.21(3) must be a training program on motorcycle operator training and safety instruction approved by the executive director of the department and administered by the Texas A&M Engineering Extension Service.

(b) To be eligible to enroll in an instructor preparation course, an individual must meet the requirements of §98.21(4), (5), and (6).

§98.26.Motorcycle School--License Eligibility.

To be eligible for a motorcycle school license, an applicant must:

(1) submit a completed application on a form prescribed by the department;

(2) provide a list of all controlling persons of the applicant;

(3) obtain an insurance policy that meets the requirements of §98.40;

(4) provide a list of all real property that will be used to meet the training site requirements of §98.100 and proof that the applicant owns, or possesses written authorization by the owner to use, each property;

(5) provide a list of motorcycles, if any, that will be available for use by students, including for each motorcycle the year, make, model, and Vehicle Identification Number (VIN);

(6) provide a list of the department-approved courses the applicant intends to offer and proof of ownership of, or authority to offer, each course;

(7) provide a list of instructors employed by, or contracted with, the applicant; and

(8) submit the fee required by §98.80.

§98.30.Exemptions.

A course in motorcycle operation is exempt from licensing and regulation under Texas Transportation Code, Chapter 662, and this chapter if the course:

(1) is taught by law enforcement agencies to law enforcement officers; or

(2) is not advertised or otherwise claimed to meet the training requirement for a Class M driver's license and:

(A) provides instruction only in off-road dirt bike training for use on trails, tracks, or other nonpublic roadways; or

(B) provides instruction only in motorcycle racing techniques on a racetrack for the purpose of motorcycle racing competition.

§98.40.Motorcycle School--Insurance Requirements.

A motorcycle school must be covered by an insurance policy that provides at least $2 million in liability coverage and $10,000 in medical payments coverage.

§98.50Motorcycle School--Reporting Requirements.

(a) A motorcycle school must report each incident to the department within three business days of the incident, in the form and manner prescribed by the department.

(b) By the fifth business day following the end of each course, a motorcycle school must accurately report to the department, in the form and manner prescribed by the department, information relating to each student enrolled in the course. The report must include:

(1) each student's full legal name as shown on the student's driver's license, or other form of identification acceptable to the department;

(2) whether each student successfully completed the course; and

(3) all instructors who provided instruction for the course.

(1) the number and types of courses provided during the quarter;

(2) the number of persons who took each course during the quarter;

(3) the number of instructors available to provide training under the school's program during the quarter;

(4) information collected by surveying persons taking each course as to the length of any waiting period the person experienced before being able to enroll in the course; and

(5) the number of persons on a waiting list for a course at the end of the quarter.

§98.70.Instructor--Responsibilities.

(a) An instructor must:

(1) notify the department of any change in the instructor's address, phone number, or email address within 15 days from the date of the change;

(2) maintain a valid driver's license that entitles the license holder to operate a motorcycle on a public road;

(3) maintain a driving record that meets the requirements of §98.21(5);

(4) maintain first aid and CPR certification that meets the requirements of §98.21(7);

(5) act immediately to appropriately address the medical needs of any person injured at the training site and summon emergency medical services if necessary;

(6) report each incident to the motorcycle school in a timely manner;

(7) cooperate with all department audits and investigations and provide all requested documents;

(8) before each course, inspect each motorcycle to be used on the range to ensure the motorcycle meets the requirements of §98.102;

(9) ensure that each motorcycle provided by a student meets the insurance requirements of §98.40 before the motorcycle is used on the range;

(10) provide instruction only in compliance with a curriculum approved by the department;

(11) be capable of instructing the entire course and providing technically correct riding demonstrations;

(12) comply with the student-to-instructor ratio requirements in §98.108;

(13) supervise all students and personnel on the range;

(14) wear, and ensure all students wear, the protective gear required by §98.108(f) whenever participating in the on-cycle portion of any course; and

(15) deal honestly with members of the public and the department.

(b) An instructor must not:

(1) instruct a student if either the instructor or student exhibits signs of impairment from the use of an alcoholic beverage, controlled substance, drug, or dangerous drug, as defined in Texas Penal Code §1.07; or

(2) complete, issue, or validate a certificate of course completion to a person who has not successfully completed the course.

§98.102.Motorcycle Requirements.

(a) An instructor must reject a motorcycle for use in a course if the motorcycle fails to meet the requirements of this section or if, in the discretion of the instructor, the motorcycle is unsafe or inappropriate for the rider, an instructor, another student, or any other person permitted on the range.

(b) Student-provided motorcycles used in courses must:

(1) meet all the requirements for operation on public highways;

(2) be covered by a motor vehicle liability insurance policy that meets the requirements of Texas Transportation Code §601.072, proof of which must be available for inspection by an instructor; and

(3) pass a safety inspection conducted by the instructor.

§98.108.Course Requirements.

(a) All courses must be conducted in accordance with a department-approved curriculum.

(b) The student-to-instructor ratio for classroom instruction of a course may not exceed 36 students per instructor.

(c) The student-to-instructor ratio for on-cycle instruction may not exceed six students per instructor until the instructor has taught seven courses. Once the instructor has taught seven courses, the instructor may teach up to eight students alone.

(d) There must not be more than 12 students on a range during any phase of range instruction.

(e) A separate motorcycle must be available for each student during range instruction.

(f) All students and instructors must wear protective gear when participating in the on-cycle portion of the course. The minimum protective gear includes:

(1) a motorcycle helmet that meets the standards of the U.S. Department of Transportation;

(2) eye protection;

(3) over-the-ankle, sturdy footwear;

(4) a long-sleeved shirt or jacket;

(5) non-flare pants that cover the entire leg and are made from a material that is at least as sturdy as denim; and

(6) full-fingered gloves.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003358

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: June 12, 2020

For further information, please call: (512) 463-3671

CHAPTER 99. OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM

16 TAC §§99.1, 99.10, 99.20, 99.22, 99.24, 99.26, 99.30, 99.90, 99.92, 99.100, 99.102

The Texas Commission of Licensing and Regulation (Commission) adopts new rules at 16 Texas Administrative Code (TAC), Chapter 99, §§99.1, 99.10, 99.20, 99.22, 99.24, 99.26, 99.30, 99.90, 99.92, 99.100, and 99.102, regarding the Off-Highway Vehicle Operator Education and Certification Program, without changes to the proposed text as published in the June 12, 2020, issue of the Texas Register (45 TexReg 3966). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rules create new 16 TAC, Chapter 99, to implement Texas Transportation Code, Chapter 551A, Off-Highway Vehicles. The adopted rules also implement Senate Bill (SB) 616, Article 8, 86th Legislature, Regular Session (2019), which transfers the Off-Highway Vehicle Operator Education and Certification Program (Program) from the Texas Department of Public Safety (DPS) to the Commission and the Texas Department of Licensing and Regulation (Department), effective September 1, 2020. The adopted rules are necessary to enable the Commission and the Department to administer and regulate the Program. The adopted rules are separate from, and are not to be confused with, the DPS rules located at 37 TAC, Chapter 33, regarding the Program, which are still in effect and will be repealed.

SECTION-BY-SECTION SUMMARY

The adopted rules create new §99.1 to identify the statutory authority under which the adopted rules are promulgated.

The adopted rules create new §99.10 to establish the definitions to be used in the chapter.

The adopted rules create new §99.20 to establish the Department's authority to contract with an entity to serve as a program sponsor.

The adopted rules create new §99.22 to establish the requirements for approval as an instructor and to designate the approved instructor preparation course.

The adopted rules create new §99.24 to establish the requirements applicable to a safety training course and the program sponsor's authority to determine course locations and charge fees reasonably related to the cost of administering the course.

The adopted rules create new §99.26 to establish the process for certifying that an individual has successfully completed a safety training course.

The adopted rules create new §99.30 to provide an exemption to the certification requirement for individuals who reside in a county in which a safety training course is not available.

The adopted rules create new §99.90 to establish the authority of the Department and the Commission to impose administrative penalties and sanctions for violations of the applicable statutes and rules.

The adopted rules create new §99.92 to establish the enforcement authority of the Department for violations of the applicable statutes and rules.

The adopted rules create new §99.100 to establish the standards and specifications that apply to the flags required for operation of unregistered off-highway vehicles on highways when the transportation is in connection with agriculture, utility work, or emergency services.

The adopted rules create new §99.102 to provide notice of the requirement of an off-highway vehicle decal issued by the Texas Parks and Wildlife Department (TPWD) for operation of an off-highway vehicle on land designated by TPWD for off-highway vehicle use.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the June 12, 2020, issue of the Texas Register (45 TexReg 3966). The deadline for public comments was July 13, 2020. The Department received comments from two interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: One comment suggests adding a rule providing clarification on whether or not the term "beach" as defined in Texas Transportation Code §551A.001(2) will be used for all beaches or only those beaches that are also public off-highway vehicle land. The comment suggests that there is an inconsistency between Texas Transportation Code §551A.031(b) and §551A.033 concerning the requirements for operation on a beach and that §551A.031(b) should be interpreted to apply only to beaches which are also public off-highway vehicle land.

Department Response: The comment is outside the scope of the proposed rules. The Department disagrees that there is an inconsistency between §551A.031(b) and §551A.033. The two statutes must be read together so that a person must meet the requirements of both §551A.031(b) and §551A.033 to operate an off-highway vehicle on a beach. The definition of "beach" in §551A.001(2) does not include any limitation to its applicability, so it applies everywhere the term is used in Chapter 551A. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One comment questions whether the safety certificate issued to a student under §99.26(a) meets the requirement of Texas Transportation Code §551A.012.

Department Response: The Department disagrees with the conclusion suggested by the comment that the safety certificate issued under §99.26(a) fails to meet any requirement imposed under Texas Transportation Code §551A.012, which provides: "The purpose of the off-highway vehicle operator education and certification program is to make available courses in basic training and safety skills relating to the operation of off-highway vehicles and to issue safety certificates to operators who successfully complete the educational program requirements or pass a test established under the program." Section 99.26(a) provides for the issuance of safety certificates to operators who successfully complete the educational program requirements, which are the safety training course. The Department did not make any changes to the proposed rules in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Program does not have an advisory board because Texas Transportation Code, Chapter 551A, does not include authorization for the establishment of an advisory board. At its meeting on August 4, 2020, the Commission adopted the proposed rules as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 551A, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51; Texas Parks and Wildlife Code, Chapter 29; and Texas Transportation Code, Chapter 551A. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003359

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1,2020

Proposal publication date: June 12, 2020

For further information, please call: (512) 463-3671

CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.13; Subchapter C, §§112.24 - 112.26; Subchapter D, §§112.30, 112.32, and 112.33; Subchapter E, §112.40 and §112.42; Subchapter F, §112.52 and §112.53; Subchapter G, §112.60 and §112.61; Subchapter H, §112.71; Subchapter J, §112.91 and §112.98; Subchapter L, §112.110; and Subchapter M, §112.120; new rules at Subchapter C, §112.22; and Subchapter M, §§112.121 - 112.125; and the repeal of existing rules at Subchapter C, §112.21 and §112.22; and Subchapter N, §§112.130-112.132 and 112.134, regarding the Hearing Instrument Fitters and Dispensers Program, without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1128). These rules will not be republished.

The Commission also adopts new rules at 16 TAC Chapter 112, Subchapter C, §112.21, and amendments to existing rules at Subchapter C, §112.23, regarding the Hearing Instrument Fitters and Dispensers Program, with changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1128). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 112, implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers. The adopted rules are necessary to implement bills from the 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes.

Bill Implementation Changes

The adopted rules are necessary to implement House Bill (HB) 1899, HB 2059, HB 2699, and HB 2847 (Article 7, §§7.003, 7.004, and 7.008), 86th Legislature, Regular Session (2019).

HB 1899 requires automatic license denial or revocation for a person who is convicted of or placed on deferred adjudication community supervision for certain crimes or who is required to register as a sex offender. The new statutory provisions under Texas Occupations Code, Chapter 108, Subchapter B, apply to certain health care professionals, including hearing instrument fitters and dispensers. The adopted rules add provisions providing notice of these new requirements.

HB 2059 requires certain health care practitioners to complete a human trafficking prevention training course approved by the Health and Human Services Commission as a condition for license renewal. Hearing instrument fitters and dispensers are affected by this bill. The adopted rules implement HB 2059 and the new statutory provisions under Texas Occupations Code, Chapter 116 by requiring licensed hearing instrument fitters and dispensers to take the training course for each license renewal on or after September 1, 2020.

HB 2699 revises and updates the license examination provisions under Texas Occupations Code, Chapter 402. The adopted rules make the necessary changes, which are primarily found in the Examinations subchapter.

HB 2847 is an omnibus bill that affects multiple programs. Article 7 of the bill applies to multiple programs, including the Hearing Instrument Fitters and Dispensers program. The adopted rules implement Article 7, §§7.003, 7.004, and 7.008 by providing notice to licensees regarding the new complaint-related provisions.

Surety Bond and Other Financial Security Changes

The adopted rules are necessary to clarify the requirements of submitting a surety bond or other financial security to the Department. The current rules require a sole proprietor, partnership, corporation, or other legal entity ("business entity") to submit a surety bond or other acceptable form of financial security in the prescribed amount to the Department. As required by statute, this financial security covers the business entity's actions and the actions of the license holders it employs. HB 4007, 85th Legislature, Regular Session (2017) removed the requirement for the owners, partners, or chief executive officers of these business entities to be licensed hearing instrument fitters and dispensers, but the business entities are still required to submit the financial security. The adopted rules clarify how a business entity submits the financial security for itself and the license holders it employs. The adopted rules also specify the times when the business entity is required to submit the financial security to the Department.

The adopted rules also require submission of a surety bond or other financial security at the first license renewal on or after September 1, 2020. This is a one-time requirement; however, when this program was transferred to the Department pursuant to SB 202, 84th Legislature, Regular Session (2015), the applicable business entities did not submit new financial security. The Department has updated the surety bond form, including having the surety bond payable to the Department, not to the former licensing board. This one-time requirement will ensure that the Department has updated financial security on file for all the applicable business entities and the license holders they employ.

Permit Extension Changes

The adopted rules are necessary to address the timing requirements for requesting a permit extension for apprentice permits and temporary training permits. The adopted rules specify the timing for submitting an extension request if the person will not or does not complete the permit requirements during the term of the permit. The adopted rules also explain the ramifications of not requesting an extension within the grace period.

Terminology and Other Clean-up Changes.

The adopted rules are necessary to make terminology and other clean-up changes to the rules. These changes include: replacing existing language with gender neutral language; removing unnecessary provisions; updating terminology; inserting the standardized criminal history background check language and updating the provision regarding fingerprints; and consolidating the complaint and enforcement provisions into one subchapter.

SECTION-BY-SECTION SUMMARY

The adopted rules amend Subchapter B. Hearing Instrument Fitters and Dispensers Advisory Board.

The adopted rules amend §112.13, Officers. The adopted rules update the terminology in subsection (b) to use gender neutral language. (Terminology and Other Clean-up Changes)

The adopted rules amend Subchapter C. Examinations.

The adopted rules add new §112.21, Examination Contents and Test Administration. This new section was former §112.22, Examination Tests and Contents. The order of §112.21 and §112.22 has been switched due to the terminology changes regarding "examination" and "test" in HB 2699. The revised order of the rules improves the flow and readability of the provisions in this subchapter. The title of the section has been changed to reflect the contents of the section. The adopted rules also update the references in subsections (a) and (b) (former §112.22(a) and (b)) from "examination" to "test" to implement HB 2699. (Bill Implementation Changes)

In addition, the adopted rules amend subsection (b)(1) (former §112.22(b)(1)) to remove the reference to the specific entity administering the written test and replace it with a reference to the department's designee. The change makes the provisions in subsection (b) consistent for all three tests, and it is consistent with some of the Department's other programs where an exam is administered. The change also allows flexibility in what entity administers the written test. (Terminology and Other Clean-up Changes)

In response to the public comments, §112.21(a) has been amended to add clarifying language that the practical test includes "all portions" of that test. In addition, a technical correction has been made to §112.21(c) to remove an unnecessary comma in the sentence.

The adopted rules repeal existing §112.21, Examination Qualifications. The adopted rules repeal this section and relocate the provisions to new §112.22. (Bill Implementation Changes)

The adopted rules add new §112.22, Examination Qualification Process. This new section was former §112.21, Examination Qualifications. The order of §112.21 and §112.22 has been switched due to the terminology changes regarding "examination" and "test" in HB 2699. The revised order of the rules improves the flow and readability of the provisions in this subchapter. The title of the section has been changed to reflect the contents of the section. The adopted rules also update the references in subsections (a), (b), (c), and (d) (former §§112.21(a), (b), (c), and (e)) from "examination" to "test" to implement HB 2699. (Bill Implementation Changes)

The adopted rules under new §112.22 do not include former §112.21(d) regarding moral turpitude. This provision was repealed by HB 2699, Section 6, former Texas Occupations Code §402.203(c). (Bill Implementation Changes) The adopted rules also do not include former §112.21(f). This provision was out of place in this section, and it was not applicable to all three tests. (Terminology and Other Clean-up Changes)

The adopted rules repeal existing §112.22, Examination Tests and Contents. The adopted rules repeal this section and relocate the provisions to new §112.21. (Bill Implementation Changes)

The adopted rules amend §112.23, Examination and Test Results. The adopted rules change the references from "examination" to "test" as appropriate; remove the passing score of 70 percent or greater; and eliminate references to "scores" to implement HB 2699. The adopted rules separate subsection (b) into subsections (b) and (c) for clarity. The title of this section also has been updated. (Bill Implementation Changes)

In response to the public comments, §112.23(a) has been amended to add clarifying language that the practical test includes "all portions" of that test. This change clarifies that the applicant must pass all portions of the practical test.

The adopted rules amend §112.24, Failure of Examination or Test. The adopted rules amend §112.24 to implement HB 2699, Section 3, Texas Occupations Code §402.205(c) and (d). The adopted rules use subsections to address separate concepts. The adopted rules also update the title of this section. (Bill Implementation Changes)

The adopted rules amend §112.25, Practical Test Proctors. The adopted rules change the references from "examination" to "test" to implement HB 2699, Section 1, Texas Occupations Code §402.104(a) and (d). The adopted rules also update the title of the section. (Bill Implementation Changes) The adopted rules also make clean-up changes to subsection (b). (Terminology and Other Clean-up Changes)

The adopted rules amend §112.26, Jurisprudence Test. The adopted rules change the references from "examination" to "test" to implement HB 2699. The adopted rules also update the title of this section. (Bill Implementation Changes) The adopted rules also make terminology and clean-up changes to this section. (Terminology and Clean-up Changes)

The adopted rules amend Subchapter D. Hearing Instrument Fitter and Dispenser License.

The adopted rules amend §112.30, Hearing Instrument Fitter and Dispenser License--Application and Eligibility Requirements. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)

The adopted rules under §112.30 add new subsection (e) to clarify the requirements of submitting a surety bond or other financial security. The current financial security requirements are located under §112.60, and they require a sole proprietor, partnership, corporation, or other legal entity ("business entity") to submit a surety bond or other acceptable form of financial security to the Department. As required by statute, the financial security covers the business entity's actions and the actions of the license holders it employs.

The adopted rules under subsection (e) explain how a business entity files the surety bond or other financial security for itself and its employees who are applying for a license. The adopted rules provide that the surety bond or financial security is provided by the business entity to the license applicant, who will file the surety bond or financial security with the license application. In the alternative, the business entity may file the surety bond or financial security directly with the Department. A new form has been created for the business entity to identify the employee/license applicant who is covered by the surety bond or financial security. (Surety Bond Clarification Changes)

The adopted rules under §112.30 add new subsection (g) to implement HB 1899, Section 8. New Texas Occupations Code §108.052 requires denial of an application from a person who is convicted of or placed on deferred adjudication community supervision for certain crimes or who is required to register as a sex offender. (Bill Implementation Changes)

The adopted rules amend §112.32, Hearing Instrument Fitter and Dispenser License--License Term; Renewals. The adopted rules amend subsection (d) to insert the standardized criminal history background check language. The adopted rules also update the provision on whether updated fingerprints will be required at renewal. The adopted rules also replace "licensee" with "license holder" for consistency purposes. (Terminology and Other Clean-up Changes)

The adopted rules under §112.32 add new subsection (e) to require submission of a surety bond or other financial security at the first license renewal on or after September 1, 2020. This is a one-time requirement; however, when this program was transferred to the Department pursuant to SB 202, 84th Legislature, Regular Session (2015), the applicable business entities did not submit new financial security. The Department has updated the surety bond form, including having the surety bond payable to the Department, not to the former licensing board. This one-time requirement will ensure that the Department has updated financial security on file for all the applicable business entities and the license holders they employ.

The adopted rules under subsection (e) explain how a business entity files the surety bond or other financial security for itself and its employees who are renewing their licenses. The adopted rules provide that the surety bond is provided by the business entity to the license holder, who will file the surety bond with the license renewal application. In the alternative, the business entity may file the surety bond or financial security directly with the Department. A new form has been created for the business entity to identify the employee/license holder who is covered by the surety bond or financial security. (Surety Bond Clarification Changes)

The adopted rules under §112.32 also add new subsection (f) to implement HB 2059 regarding the required human trafficking prevention training. (Bill Implementation Changes)

The adopted rules also consolidate former subsections (e) and (f) into one subsection and re-letter it as subsection (g). The text of former subsections (e) and (f) has been condensed and replaced with cross-references to the statutory provisions. (Terminology and Other Clean-up Changes)

The adopted rules amend §112.33, Application by License Holder from Another State. The adopted rules change the reference in subsection (d) from "examination" to "test" to implement HB 2699. (Bill Implementation Changes) The adopted rules amend subsection (e) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)

The adopted rules under §112.33 also add subsection (g) to implement HB 1899, Section 8. New Texas Occupations Code §108.052 requires denial of an application from a person who is convicted of or placed on deferred adjudication community supervision for certain crimes or who is required to register as a sex offender. (Bill Implementation Changes)

The adopted rules under §112.33 add new subsection (h) to clarify the requirements of submitting a surety bond or other financial security. The current financial security requirements are located under §112.60, and they require a sole proprietor, partnership, corporation, or other legal entity ("business entity") to submit a surety bond or other acceptable form of financial security to the Department. As required by statute, the financial security covers the business entity's actions and the actions of the license holders it employs.

The adopted rules under subsection (h) explain how a business entity files the surety bond or other financial security for itself and its employees who are applying for a license. The adopted rules provide that the surety bond or financial security is provided by the business entity to the license applicant, who will file the surety bond or financial security with the license application. In the alternative, the business entity may file the surety bond or financial security directly with the Department. A new form has been created for the business entity to identify the employee/license applicant who is covered by the surety bond or financial security. (Surety Bond Clarification Changes)

The adopted rules under §112.33 also amend subsections (i) and (j) (former subsections (g) and (h)) to implement HB 2699, Section 5, Texas Occupations Code §§402.209(e) and (f). (Bill Implementation Changes)

The adopted rules amend Subchapter E. Apprentice Permit.

The adopted rules amend §112.40, Apprentice Permit--Application and Eligibility Requirements. The adopted rules change the references in subsection (c) from "examination" to "test" to implement HB 2699. (Bill Implementation Changes) The adopted rules also amend subsection (d) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)

The adopted rules amend §112.42, Apprentice Permit--Permit Term; Extension. The adopted rules amend subsection (b) to specify the timing of when a person must submit the apprentice permit extension request. The adopted rules also add a new subsection (e) to explain the ramifications of not requesting an extension within the 90-day grace period. (Permit Extension Changes) The adopted rules also amend subsection (c) to insert the standardized criminal history background check language. (Terminology and Other Clean-up Changes)

The adopted rules amend Subchapter F. Temporary Training Permit.

The adopted rules amend §112.52, Temporary Training Permit--Permit Term; Extension. The adopted rules amend subsection (b) to specify the timing of when a person must submit the temporary training permit extension request. The adopted rules also add a new subsection (e) to explain the ramifications of not requesting an extension within the 90-day grace period. (Permit Extension Changes)

The adopted rules amend §112.53, Temporary Training Permit--Supervision and Temporary Training Requirements. The adopted rules update the terminology in subsection (c) to use gender neutral language. (Terminology and Other Clean-up Changes)

The adopted rules amend Subchapter G. Financial Security Requirements.

The adopted rules amend §112.60, Filing Surety Bond or Other Form of Financial Security. The adopted rules clarify the requirements of submitting a surety bond or other financial security to the Department. The current rules require a sole proprietor, partnership, corporation, or other legal entity ("business entity") to submit a surety bond or other acceptable form of financial security in the prescribed amount to the Department. As required by statute, this financial security covers the business entity's actions and the actions of the license holders it employs. HB 4007, 85th Legislature, Regular Session (2017) removed the requirement for the owners, partners, or chief executive officers of these business entities to be licensed hearing instrument fitters and dispensers, but the business entities are still required to submit the financial security. The adopted rules clarify how a business entity submits the financial security for itself and the license holders it employs. (Surety Bond Clarification Changes)

The adopted rules under §112.60 add a new subsection (b) to clearly state in the rules that the financial security covers the actions, conduct, or liability of the business entity and the license holders it employs as required by statute. The adopted rules add a new subsection (d) that identifies the three times when a business entity needs to file the financial security with the Department and includes cross-references to the applicable sections. The adopted rules amend re-lettered subsection (e) (former subsection (c)) to clarify that the referenced "license" is the employee's license. The adopted rules also make clean-up changes to the financial security references in re-lettered subsections (e) and (f) (former subsections (c) and (d)) for consistency purposes in this section. (Surety Bond Clarification Changes)

The adopted rules amend §112.61, Recovery on Surety Bond or Other Form of Financial Security. The adopted rules remove the statutory cross-reference and include the text from Texas Occupations Code §402.405 in order to clarify in the rules that the financial security covers the actions of the business entity and the license holders employed by the business entity. (Surety Bond Clarification Changes)

The adopted rules amend Subchapter H. Continuing Education Requirements.

The adopted rules amend §112.71, Continuing Education--Records and Audits. The adopted rules update the terminology in subsections (a) and (c) to use gender neutral language. (Terminology and Other Clean-up Changes)

The adopted rules amend Subchapter J. Responsibilities of the Licensee.

The adopted rules amend §112.91, Change of Name, Address, or Other Information. The adopted rules change the reference under subsection (a) from "licensee," which is defined to include license holders and permit holders, to "license holder or permit holder." This terminology change is necessary for clarity purposes due to the addition of subsection (b), which only applies to license holders. (Terminology and Other Clean-up Changes)

The adopted rules add a new requirement under subsection (b) for a license holder who changes employers to submit a copy of the surety bond or other form of financial security from the license holder's new employer. In the alternative, the new employer may submit the financial security directly to the department. A new form has been developed to implement this requirement. (Surety Bond Clarification Changes)

The adopted rules amend §112.98, Code of Ethics. The adopted rules update the terminology in subsections (c) and (d) to use gender neutral language. The adopted rules also make a clean-up change to subsection (d). (Terminology and Other Clean-up Changes)

The adopted rules amend Subchapter L. Fees.

The adopted rules amend §112.110, Fees. The adopted rules change the references from "examination" to "test" in subsection (e) to implement HB 2699. (Bill Implementation Changes)

The adopted rules amend Subchapter M. Complaints.

The adopted rules amend the title of Subchapter M to read "Complaints and Enforcement Provisions." The adopted rules combine Subchapters M and N into one subchapter. The enforcement sections under Subchapter N have been relocated to Subchapter M. (Terminology and Other Clean-up Changes)

The adopted rules amend §112.120, Complaints. The adopted rules update the title of §112.120 to reflect the expanded scope of the section. The adopted rules add new subsection (b) as a notice to licensees and to the public regarding qualified persons, including licensees and advisory board members, assisting the department in reviewing and investigating complaints and being immune from liability related to those activities. (HB 2847, §7.003)

The adopted rules under §112.120 also add new subsection (c) as a notice to licensees and to the public regarding the confidentiality of complaint and disciplinary information. Former Texas Occupations Code §402.154 addressed these issues for hearing instrument fitters and dispensers. HB 2847, Article 7, §7.008, repealed §402.154 and similar confidentiality provisions in other health professions statutes. HB 2847, Article 7, §7.004, added a new standardized confidentiality provision in Texas Occupations Code, Chapter 51 that is applicable to certain specified health professions, including hearing instrument fitters and dispensers. (HB 2847, §7.004). (Bill Implementation Changes)

The adopted rules add new §112.121, Administrative Penalties and Sanctions. This new section was former §112.130. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)

The adopted rules add new §112.122. Enforcement Authority. This new section was former §112.131. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)

The adopted rules add new §112.123, Refund for Hearing Instrument. This new section was former §112.132. There are no adopted changes to the text. (Terminology and Other Clean-up Changes)

The adopted rules add new §112.124, Surrender of a License or Permit. This new section was former §112.134. The adopted rules also update the terminology in subsection (a) and (b) (former §112.134(a) and (b)) to use gender neutral language. (Terminology and Other Clean-up Changes) The adopted rules also add a new subsection (d) to clarify that §112.124 (former §112.134) does not apply to licenses and permits that are subject to the new §112.125, which implements HB 1899. (Bill Implementation Changes)

The adopted rules add new §112.125, Automatic Denials and Revocations. The adopted rules add a new §112.125 to implement HB 1899, Section 8, and specifically new Texas Occupations Code §108.052 and §108.053. These provisions apply to licenses and permits. (Bill Implementation Changes)

The adopted rules repeal Subchapter N. Enforcement Provisions.

Subchapter N has been eliminated, and the complaints and enforcement provisions have been combined under Subchapter M. (Terminology and Other Clean-up Changes)

The adopted rules repeal §112.130, Administrative Penalties and Sanctions. This section has been relocated to new §112.121. (Terminology and Other Clean-up Changes)

The adopted rules repeal §112.131, Enforcement Authority. This section has been relocated to new §112.122. (Terminology and Other Clean-up Changes)

The adopted rules repeal §112.132, Refund for Hearing Instrument. This section has been relocated to new §112.123. (Terminology and Other Clean-up Changes)

The adopted rules repeal §112.134, Surrender of a License or Permit. This section has been relocated to new §112.124. (Terminology and Other Clean-up Changes)

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the February 21, 2020, issue of the Texas Register (45 TexReg 1128). The deadline for public comments was March 23, 2020. The Department received comments from two interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: The Department received one comment from the Texas Hearing Aid Association (THAA), which supported the proposed rules but requested a clarification change to §112.23(a). THAA requested "retaining language in current rule §112.23(a) that clarifies "all parts of" the practical examination must be passed." THAA cited Occupations Code §402.205(d), communications with Department staff, and the examination Candidate Information Bulletin as support for restating that all parts of the practical examination must be passed. THAA proposed specific clarifying language to §112.23(a). THAA stated that this change "makes the proposed rule consistent with the statute and Department policy concerning administration of the practical examination and removes any doubt about the requirements of such exam for temporary permit holders."

Department Response: The Department appreciates the public comment in support of the proposed rules and agrees with the suggested clarification, but not with the specific language proposed. HB 2699 removed the statutory language regarding "parts" of the examination, and the proposed rules make the same change. In addition, Occupations Code §402.205(d), rule 16 TAC §112.24(b), and the examination Candidate Information Bulletin reference "portions" of the practical test.

In response to the public comment, the Department revised the proposed rules to add clarifying language that the practical test includes "all portions" of that test. The Department added this clarification under §112.21(a), regarding examination contents and test administration, and under §112.23(a), regarding examination and test results.

Comment: The Department received one comment opposing the new required human trafficking prevention training. The commenter questioned how this training was relevant to orthotists or prosthetists, athletic trainers, or hearing and speech personnel. The commenter stated that this activity would not be seen in these practices and that the training is an additional, unnecessary requirement.

Department Response: The Department disagrees with this comment. The new human trafficking prevention training is required by statute, Texas Occupations Code, Chapter 116. The Department did not make any changes to the proposed rules in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Hearing Instrument Fitters and Dispensers Advisory Board (Advisory Board) met on January 22, 2020, to discuss the proposed rules. There was less than a quorum of members present for the discussion, so the Advisory Board was not able to make a recommendation regarding the proposed rules. The Department published the proposed rules as presented without the Advisory Board's recommendation.

The Advisory Board met on July 8, 2020, via videoconference, to discuss the proposed rules and the public comments received. The Department presented clarification language regarding "all portions" of the practical test based on the public comments received. The members of the Advisory Board discussed the clarification language and where it should be added to the proposed rules. There was less than a quorum of members present for the discussion, so the Advisory Board was not able to make a recommendation regarding the proposed rules or the changes made as a result of the public comments.

The Department considered the feedback from the individual members of the Advisory Board and revised the proposed rules to add the clarification regarding "all portions" of the practical test under §112.21(a), regarding examination contents and test administration, and under §112.23(a), regarding examination and test results. In addition, subsequent to the Advisory Board meeting, the Department made a technical correction to §112.21(c) to remove an unnecessary comma in the sentence.

The Department recommended adopting the proposed rules with changes to §112.21 and §112.23, as a result of the public comments, along with a technical correction to §112.21. At its meeting on August 4, 2020, the Commission adopted the proposed rules with changes as recommended by the Department.

SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD

16 TAC §112.13

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 402, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The adopted rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51, 53, 108, 116, and 402, and Texas Government Code, Chapter 411, Subchapter F. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003322

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER C. EXAMINATIONS

16 TAC §112.21, §112.22

STATUTORY AUTHORITY

The repeals are adopted under Texas Occupations Code, Chapters 51 and 402, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The repeals are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department’s statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003333

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

16 TAC §§112.21 - 112.26

STATUTORY AUTHORITY

§112.21.Examination Contents and Test Administration.

(a) The examination required under the Act shall consist of a written test, a practical test (all portions), and a jurisprudence test.

(b) The department shall administer or arrange for the administration of the examination.

(1) The written test is the International Licensing Examination for Hearing Instrument Dispenser, administered by the department's designee.

(2) The practical test is developed by the department and administered by the department's designee.

(3) The jurisprudence test is developed by the department and administered by the department's designee.

(c) The examination under subsection (a) will test the following areas as they relate to the fitting and dispensing of hearing instruments:

(1) basic physics of sound;

(2) structure and function of hearing instruments;

(3) fitting of hearing instruments;

(4) pure tone audiometry, including air conduction testing and bone conduction testing;

(5) live voice and recorded voice speech audiometry;

(6) masking when indicated for air conduction, bone conduction, and speech;

(7) recording and evaluation of audiograms and speech audiometry to determine the candidacy for a hearing instrument;

(8) selection and adaption of hearing instruments, testing of hearing instruments, and verification of aided hearing instrument performance;

(9) taking of earmold impressions;

(10) verification of hearing instrument fitting and functional gain measurements using a calibrated system;

(11) anatomy and physiology of the ear;

(12) counseling and aural rehabilitation of an individual with a hearing impairment for the purpose of fitting and dispensing hearing instruments;

(13) use of an otoscope for the visual observation of the entire ear canal; and

(14) laws, rules, and regulations of this state and the United States.

(d) The examination may not test knowledge of the diagnosis or treatment of any disease of or injury to the human body.

§112.23.Examination and Test Results.

(a) The applicant must pass the required examination consisting of the written, practical (all portions), and jurisprudence tests.

(b) The department or the department's designee will notify the applicant in writing regarding the applicant's test results for the written and practical tests.

(c) The department's designee will provide a certificate of completion to the applicant upon passage of the jurisprudence test.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003323

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER D. HEARING INSTRUMENT FITTER AND DISPENSER LICENSE

16 TAC §§112.30, 112.32, 112.33

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003325

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER E. APPRENTICE PERMIT

16 TAC §112.40, §112.42

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003326

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER F. TEMPORARY TRAINING PERMIT

16 TAC §112.52, §112.53

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003327

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER G. FINANCIAL SECURITY REQUIREMENTS

16 TAC §112.60, §112.61

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003328

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER H. CONTINUING EDUCATION REQUIREMENTS

16 TAC §112.71

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003329

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER J. RESPONSIBILITIES OF THE LICENSEE

16 TAC §112.91, §112.98

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003330

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER L. FEES

16 TAC §112.110

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003331

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER M. COMPLAINTS AND ENFORCEMENT PROVISIONS

16 TAC §§112.120 - 112.125

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003332

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879

SUBCHAPTER N. ENFORCEMENT PROVISIONS

16 TAC §§112.130 - 112.134

STATUTORY AUTHORITY

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 12, 2020.

TRD-202003334

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2020

Proposal publication date: February 21, 2020

For further information, please call: (512) 475-4879