TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

SUBCHAPTER U. CONTRACTING

37 TAC §1.264

The Texas Department of Public Safety (the department) adopts amendments to §1.264, concerning Procedures for Vendor Protests of Procurements. This rule is adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6296). The rule will not be republished.

The amendments to this rule are necessary to change the title of assistant director to chief and administration division to Infrastructure Operation. These amendments will help reduce vendor confusion during the vendor protest process by updating the rule to reflect organizational changes.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Government Code, §2161.003.

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 December 9, 2019.

TRD-201904613

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §15.49

The Texas Department of Public Safety (the department) adopts amendments to §15.49, concerning Proof of Domicile. This rule is adopted with a change to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6299). The change corrects a punctuation error at the end of subsection (e)(4). The rule will be republished.

The amendments are necessary because the 86th Texas Legislature enacted HB123 which exempts certain homeless youth from the standard proof of domicile requirements. This amendment also updates the acceptable documentation for demonstrating proof of domicile during the driver license application process.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code.

§15.49.Proof of Domicile.

(a) To establish domicile in Texas for a non-commercial driver license or identification certificate, an applicant must reside in Texas for at least thirty (30) days prior to application. Applicants who surrender a valid, unexpired out-of-state driver license or identification certificate are not required to reside in Texas for at least thirty (30) days prior to application.

(b) In order to prove domicile, all original applicants for a driver license or identification certificate must present two acceptable documents verifying the applicant's residential address in Texas.

(c) The department may require individuals renewing or obtaining a duplicate driver license or identification certificate to present proof of domicile prior to issuance.

(d) In order to satisfy the requirements of this section the individual must provide two documents, which contain the applicant's name and residential address, from the acceptable proof of domicile list in subsection (e) of this section. At least one of the documents presented must demonstrate that the applicant has resided in Texas for at least thirty (30) days prior to application.

(e) Acceptable proof of domicile documents are:

(1) A current deed, mortgage, monthly mortgage statement, mortgage payment booklet, or a residential rental/lease agreement.

(2) A valid, unexpired Texas voter registration card.

(3) A valid, unexpired Texas motor vehicle registration or title.

(4) A valid, unexpired Texas boat registration or title.

(5) A valid, unexpired Texas concealed handgun license or license to carry.

(6) A utility or residential service bill dated within ninety (90) days of the date of application. Examples of acceptable statement include, but are not limited to: electric, water, gas, internet, cable, streaming services, lawn service, cellular telephone, etc.

(7) A Selective Service card.

(8) A medical or health card.

(9) A current homeowners or renters insurance policy or statement.

(10) A current automobile insurance policy, card, or statement.

(11) A Texas high school, college, or university report card or transcript for the current school year.

(12) A pre-printed W-2, 1099, or 1098 tax form from an employer, government, or financial entity for the most recent tax year.

(13) Mail or printed electronic statements from financial institutions; including checking, savings, investment account, and credit card statements dated within ninety (90) days of the date of application.

(14) Mail or printed electronic statements from a federal, state, county, or city government agency dated within ninety (90) days of the date of application.

(15) A current automobile payment booklet or statement.

(16) A pre-printed paycheck or payment stub dated within ninety (90) days of the date of application.

(17) Current documents issued by the U.S. military indicating residence address.

(18) A document from the Texas Department of Criminal Justice indicating the applicant's recent release or parole.

(19) Current Form DS2019 or a document issued by the United States Citizenship and Immigration Services.

(f) Both documents may be from the same source if the source is a local governmental entity that provides multiple residential services. For example, an individual may use a water and gas bill from the same municipal utility if they are on separate statements. Documents from the same source for different months will not be accepted.

(g) Mail addressed with a forwarding label or address label affixed to the envelope or contents is not acceptable.

(h) If the individual cannot provide two documents from the acceptable proof of domicile list, the individual may submit a Texas residency affidavit executed by:

(1) An individual who resides at the same residence address as the applicant.

(A) For related individuals, the applicant must present a document acceptable to the department indicating a family relationship to the person who completed the Texas residency affidavit and present two acceptable proof of domicile documents with the name of the person who completed the Texas residency affidavit. Acceptable documents demonstrating family relationship may include, but are not limited to:

(i) a marriage license;

(ii) military dependent identification card;

(iii) birth certificate; and

(iv) adoption records.

(B) For unrelated individuals, the individual must accompany the applicant, present valid identification as defined under §15.24 of this title (relating to Identification of Applicants), and present two acceptable proof of domicile documents from the acceptable proof of domicile list in subsection (e) of this section.

(2) A representative of a governmental entity, not-for-profit organization, assisted care facility/home, adult assisted living facility/home, homeless shelter, transitional service provider, group/half way house, or college/university certifying to the address where the applicant resides or receives services. The organization must provide a notarized letter verifying that they receive mail or services for the individual or completed Texas Residency Affidavit (DL-5).

(i) An individual is not required to comply with this section if the applicant is subject to the address confidentiality program administered by the Office of the Attorney General, or currently incarcerated in a Texas Department of Criminal Justice facility.

(j) Minors under the conservatorship of the Department of Family and Protective Services (DFPS) and individuals under the age of 21 in DFPS paid foster care are not required to comply with subsection (b) of this section and may present an approved DFPS residency form signed by a DFPS caseworker or caregiver as proof of the applicant's residential address in Texas.

(k) Homeless youth, defined by 42 U.S.C. §11434a, may present a letter certifying the child or youth does not have a residence from:

(1) the school district in which the child is enrolled;

(2) the director of an emergency shelter or transitional housing program;

(3) the director of a basic center for runaway and homeless youth; or

(4) a transitional living program.

(l) All documents submitted by an individual must be acceptable to the department. The department has the discretion to reject or require additional evidence to verify domicile address.

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 December 9, 2019.

TRD-201904614

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER D. DRIVER IMPROVEMENT

37 TAC §15.89

The Texas Department of Public Safety (the department) adopts amendments to §15.89, concerning Moving Violations. This rule is adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6301). The rule will not be republished.

The amendments to §15.89 fulfill the requirement of House Bill 2048 enacted by the 86th Texas Legislature. This bill repeals the Driver Responsibility Program, eliminating the need for the points information previously included on the moving violations graphic and references to the program in the rule. Additionally, House Bill 2048 adds Texas Transportation Code, §542.304, which requires the department to designate by rule the offenses that constitute a moving violation of the traffic law. The graphic in this section has been updated to include these offenses.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code; and §542.304, which requires the department to designate by rule the offenses involving the operation of a motor vehicle that constitute a moving violation of traffic law.

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 December 9, 2019.

TRD-201904616

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER J. DRIVER RESPONSIBILITY PROGRAM

37 TAC §§15.161 - 15.168

The Texas Department of Public Safety (the department) adopts the repeal of §§15.161 - 15.168, concerning Driver Responsibility Program. These repeals are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6302). The rules will not be republished.

The repeal of these rules is necessary to inform the public of the elimination of the Driver Responsibility Program, which was repealed by the 86th Texas Legislature's enactment of House Bill 2048.

No comments were received regarding the adoption of these repeals.

These repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code.

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 December 9, 2019.

TRD-201904617

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


CHAPTER 16. COMMERCIAL DRIVER LICENSE

SUBCHAPTER A. LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS

37 TAC §16.1

The Texas Department of Public Safety (the department) adopts amendments to §16.1, concerning General Requirements. This rule is adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6303). The rule will not be republished.

The Driver License Division conducts a periodic review of the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations (CFR), Part 383 relating to Commercial Driver License (CDL) Enforcement, for purposes of ensuring Texas Administrative Rules comply with current federal CDL regulations. Texas' most recent review and adoption of 49 C.F.R. Part 383 was May 1, 2018. This rule proposal will adopt 49 C.F.R. Part 383 as enacted through May 1, 2019. The amendment to this rule is necessary to comply with the Code of Federal Regulations governing the issuance of commercial driver licenses.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code.

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 December 9, 2019.

TRD-201904621

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


37 TAC §16.7

The Texas Department of Public Safety (the department) adopts amendments to §16.7, concerning Proof of Domicile. This rule is adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6304). The rule will not be republished.

The amendments to this rule are necessary to update and clarify the acceptable documentation for demonstrating proof of domicile during the driver license application process.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code.

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 December 9, 2019.

TRD-201904623

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER C. SANCTIONS AND DISQUALIFICATIONS

37 TAC §16.68

The Texas Department of Public Safety (the department) adopts new §16.68, concerning Eligibility For Reinstatement After Lifetime Disqualification. This rule is adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6306) and will not be republished.

Texas Transportation Code, §522.082 allows the department to adopt a rule establishing a procedure for reinstatement of the person's commercial driver license (CDL) whose license was disqualified for life under Texas Transportation Code, §522.081(d)(1). This new rule is intended to inform eligible persons of this procedure.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code; Texas Transportation Code, §522.082, which allows the department to adopt rules for reinstatement of a CDL after lifetime disqualification.

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 December 9, 2019.

TRD-201904625

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


CHAPTER 35. PRIVATE SECURITY

SUBCHAPTER A. GENERAL PROVISIONS

37 TAC §§35.1 - 35.7

The Texas Department of Public Safety (the department) adopts amendments to §§35.1 - 35.7, concerning General Provisions. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6306). These rules will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Additional changes to §35.4 are intended to implement 86th Legislative Session's House Bill 1342 which amended Occupations Code, §§53.021, 53.022, and 53.023. Other rule changes simplify the rules or enhance the department's regulatory oversight of the Private Security Program.

The department accepted comments on the proposed amendments through November 25, 2019. Written comments were submitted by Mr. David Shafer of Shafer Investigations; Ms. Tatiana Pino, Attorney for the Institute for Justice; Mr. Bobby R. Key, Assistant Manager for Security with Texas Facilities; and John C. Helweg, as President and on behalf of the Texas Burglar and Firearm Alarm Association. No changes were made based on the comments received by the department. Included in the comments received by the department were items interpreted as requests for information or clarification, not as rule comments. These items will be addressed by either direct correspondence or website communications. Substantive comments received, as well as the department's responses, thereto, are summarized below:

COMMENT: Regarding §35.2(a), Mr. Shafer suggested the department add the words "under which the license is registered."

RESPONSE: Individual licenses are not "registered" with employers under the Private Security Act. Moreover, the statute adequately addresses the requirement that employers notify the department of the employment relationship (Occupations Code, §1702.234). No changes were made based on the comments received by the department.

COMMENT: Regarding §35.3, Mr. Shafer suggested pre-employment background checks should be mandatory under all circumstances.

RESPONSE: The comment is outside the scope of the proposed rule amendments. The proposals do not relate to the circumstances under which pre-employment background checks are required. In addition, Mr. Shafer provides no argument to support his proposal and provides no guidance as to the meaning of "all circumstances." No changes were made based on the comments received by the department.

COMMENT: Regarding §35.4, Ms. Pino with the Institute for Justice submitted comments in support of the proposed changes. With respect to the proposed changes to §35.4(c), specifically, the Institute for Justice approves of the narrowing of the offense of disorderly conduct to specific offenses applicable to specific licenses, and requests the department consider similar changes to the remaining disqualifying offenses.

RESPONSE: The department carefully considered this issue prior to submission of this rule and determined the changes should be limited to the offense of disorderly conduct. However, the department will continue to evaluate this issue, and consider further changes in the future. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.4(c)(6), Mr. Key suggests removing the references to 'license holders' from the proposed amendments to subparagraph (A) and subparagraph (F), arguing the disqualifiers only apply to applicants and not to current license holders.

RESPONSE: Pursuant to Occupations Code, §1702.364, the disqualifying offenses do apply to current license holders and may be grounds for summary suspension or revocation. Moreover, this is reflected in current §35.4 and the proposal would not alter it. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.4(f) and §35.4(k), Mr. Helweg objects to the removal of these provisions, stating, "We do not want to hire felons or Class A offenders even if the offense does not relate."

RESPONSE: The removal of these provisions is required by 86th Legislative Session's House Bill 1342 which amended Occupations Code, §§53.021, 53.022, and 53.023. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.4(g), Mr. Key argues certain Class B misdemeanor offenses should be disqualifying for longer than the proposed two years.

RESPONSE: The proposal reflects the department's interest in ensuring the criminal history disqualifiers are the least restrictive possible, and, specifically, that the level of offense more reasonably relates to the period of disqualification. This interest is reflected in the Sunset Commission's decisions and directives to the department, as well as in the Governor's recent letter to the state's occupational licensing agencies. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.5(c), Mr. Helweg objects to the removal of this provision, stating, "Now the company has no means to terminate should an employee commit an offense and not tell us -- exposes the company to HUGE liability."

RESPONSE: The department considers this provision unnecessary in light of improvements in the electronic reporting of criminal histories. The current provision is also overly broad, as it applies to offenses that are not themselves disqualifying. No changes were made based on the comments received by the department.

These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702; and Texas Occupations Code, §§53.021, 53.022, and 53.023.

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 December 9, 2019.

TRD-201904638

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


37 TAC §35.10, §35.11

The Texas Department of Public Safety (the department) adopts the repeal of §35.10 and §35.11, concerning General Provisions. These repeals are adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6311) and will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Specifically, the bill repeals Chapter 1702's provisions regulating private security sales persons and guard dog trainers, thus necessitating the repeal of rules relating to these licensees.

No comments were received regarding the adoption of these repeals.

These repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904627

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER B. LICENSING

37 TAC §§35.21, 35.22, 35.24 - 35.26, 35.28 - §35.31

The Texas Department of Public Safety (the department) adopts amendments to §§35.21, 35.22, 35.24 - 35.26, 35.28, and 35.29 and new §35.30 and §35.31, concerning Licensing. These rules are adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6311) and will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). The change to §35.25 is necessitated by House Bill 3609. Other rule changes simplify the rules or enhance the department's regulatory oversight of the Private Security Program. Additionally, the subchapter title is changing from "Registration and Licensing" to "Licensing."

No comments were received regarding the adoption of these rules.

Theses rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904629

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5948


SUBCHAPTER C. MANAGER STANDARDS

37 TAC §35.41

The Texas Department of Public Safety (the department) adopts the repeal of §35.41, concerning Manager Standards. This repeal is adopted without changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6314) and will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Specifically, the bill repeals Chapter 1702's provisions regulating managers of private security companies, thus necessitating the repeal of rules relating to these licensees.

No comments were received regarding the adoption of this repeal.

This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904633

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


37 TAC §35.41 - 35.43

The Texas Department of Public Safety (the department) adopts new §35.41 and amendments to §35.42 and §35.43, concerning Company Representative. Sections 35.41 and 35.42 are adopted with changes to the proposed text as published in the October 25, 2019 issue of the Texas Register (44 TexReg 6314) and will be republished. A grammatical error was corrected in §35.41(c) by adding "an" prior to individual in the first sentence.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Other rule changes simplify the rules or enhance the department's regulatory oversight of the Private Security Program. Additionally, the subchapter title was changed from Manager Standards to Company Representative.

The department accepted comments on the proposed amendments through November 25, 2019. Written comments were submitted by Mr. David Shafer of Shafer Investigations, Mr. Bobby R. Key, Assistant Manager for Security with Texas Facilities, and John C. Helweg, as President and on behalf of the Texas Burglar and Firearm Alarm Association. No changes were made based on the comments received by the department. Included in the comments received by the department were items interpreted as requests for information or clarification, not as rule comments. These items will be addressed by either direct correspondence or website communications. Substantive comments received, as well as the department's responses, thereto, are summarized below:

COMMENT: Regarding §35.41(c), Mr. Shafer suggested this subsection should specifically include "investigations" in addition to security.

RESPONSE: The comment appears to refer to the use of the term "security" in the phrase "security-related aspects of the business." In this context, "security" refers to all services regulated under the Private Security Act. Adding "investigations" would therefore be redundant. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.41(c), Mr. Shafer also suggested the company representative should be required to reside in the State of Texas.

RESPONSE: Mr. Shafer provides no argument to support the imposition of what could be a significant burden on out of state licensees. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.5(c), Mr. Helweg expresses concerns that a non-profit company would not have an "officer, shareholder, or partner" who could serve as the company representative, and asks that the rule be amended to allow management or a board to appoint the company representative.

RESPONSE: Under the scenario described, the department would generally interpret a "director" over security as an "officer who is to oversee the security-related aspects of the business" and therefore as qualified to be appointed the company representative. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.43, Mr. Key questions the proposed removal of language from subsection (a) and subsection (b) regarding regulation of managers.

RESPONSE: The proposed rule is consistent with the statutory changes affected by Senate Bill 616, deregulating company managers. The department believes it is appropriate to strike this section as it would impose requirements that are no longer statutorily authorized. No changes were made based on the comments received by the department.

This proposal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

§35.41.Company Representative.

(a) The company representative is the individual to whom the department may direct all correspondence and on whom the department may rely to ensure the company's compliance with all requirements of this chapter and the Act. This individual must meet the applicable experience requirements for company licensure provided in the Act and this chapter, and must successfully complete the examination as provided in §1702.117 of the Act and §35.42 of this title (relating to Examination).

(b) An applicant for a company license who is an individual will be the company representative for all purposes relating to the administration of the Act.

(c) An applicant for a company license that is an entity other than an individual must designate an individual to be the company representative. The individual must be an officer who is to oversee the security-related aspects of the business, or a partner or shareholder who owns at least a 25% interest in the applicant. Formal documentation reflecting the individual's status with the applicant must be submitted to the department in conjunction with the company license application. An applicant may appoint multiple company representatives if necessary to satisfy the experience requirements for multiple licenses, so long as each individual meets the requirements of §1702.110(a)(6) of the Act and of this section.

§35.42.Examination.

(a) All company representatives as defined in §35.1 of this title (relating to Definitions) and as described in §35.41 of this title (relating to Company Representative) must pass the written examination administered by the department. The minimum passing score is 70%.

(b) Good order and discipline will be maintained during the examination. Conduct which is disruptive is grounds for immediate removal.

(c) An oral examination may be given upon receipt of proof of dyslexia as defined by Texas Education Code, §51.970. Proof must be submitted in writing in a manner prescribed by the department.

(d) Any examination other than the single examination authorized by payment of the original license fee shall be considered a reexamination for which the reexamination fee shall be required.

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 December 9, 2019.

TRD-201904631

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER D. DISCIPLINARY ACTIONS

37 TAC §35.52

The Texas Department of Public Safety (the department) adopts amendments to §35.52, concerning Administrative Penalties. This rule is adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6316). This rule will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Other changes simplify the rule or enhance the department's regulatory oversight of the Private Security Program.

The department accepted comments on the proposed amendments through November 25, 2019. Written comments were submitted by Mr. David Shafer of Shafer Investigations; Ms. Tatiana Pino, Attorney for the Institute for Justice; Mr. Bobby R. Key, Assistant Manager for Security with Texas Facilities; and John C. Helweg, as President and on behalf of the Texas Burglar and Firearm Alarm Association. No changes were made based on the comments received by the department. Included in the comments received by the department were items interpreted as requests for information or clarification, not as rule comments. These items will be addressed by either direct correspondence or website communications. Substantive comments received, as well as the department's responses, thereto, are summarized below:

COMMENT: Regarding §35.52, Mr. Helweg suggests, "The fines should include something about performing regulated services without a license."

RESPONSE: Administrative fines can only be imposed on those who are licensed. The department only has jurisdiction to fine an entity in those cases in which the licensee remains potentially within the scope of the department's administrative authority. For example, the proposed fine schedule includes violations for operating while suspended or expired, operating outside the scope of license, and failing to license an employee. No changes were made based on the comments received by the department.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904636

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER E. ADMINISTRATIVE HEARINGS

37 TAC §§35.62 - 35.65

The Texas Department of Public Safety (the department) adopts the repeal of §§35.62 - 35.65, concerning Administrative Hearings. These repeals are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6317) and will not be republished.

The repeal of these rules is necessary to reorganize the rules; the affected rules are being repealed and replaced, without substantive changes.

No comments were received regarding the adoption of these repeals.

These repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904640

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


37 TAC §35.62

The Texas Department of Public Safety (the department) adopts new §35.62, concerning Preliminary Hearing; Settlement Conference. This rule is adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6317) and will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act).

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; §411.506, which authorizes the commission to adopt rules establishing procedures for the informal resolution of complaints filed against private security licensees; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904637

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER G. PERSONAL PROTECTION OFFICERS

37 TAC §§35.91 - 35.93

The Texas Department of Public Safety (the department) adopts amendments to §§35.91 - 35.93, concerning Personal Protection Officers. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6318). The rules will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act).

No comments were received regarding the adoption of these rules.

These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a) and §1702.204(b), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904641

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER H. SECURITY DEPARTMENT OF PRIVATE BUSINESSES AND POLITICAL SUBDIVISIONS

37 TAC §35.101, §35.102

The Texas Department of Public Safety (the department) adopts amendments to §35.101 and §35.102, concerning Security Department of Private Business and Security Department of Political Subdivision. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6320) and will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Additionally, the title of this subchapter is changing from Letter of Authority to Security Department of Private Businesses and Political Subdivisions.

The department accepted comments on the proposed amendments through November 25, 2019. Written comments were submitted by Mr. Bobby R. Key, Assistant Manager for Security with Texas Facilities. No changes were made based on the comments received by the department. Included in the comments received by the department were items interpreted as requests for information or clarification, not as rule comments. These items will be addressed by either direct correspondence or website communications. Substantive comments received, as well as the department's responses, thereto, are summarized below:

COMMENT: Regarding §35.101, Mr. Key questions the proposed removal of subsection (d) relating to regulation of managers and requirements placed on Letters of Authority.

RESPONSE: The proposed rule is consistent with the statutory changes affected by Senate Bill 616, eliminating manager and Letter of Authority licenses. The department believes it is appropriate to strike this section as it would impose requirements that are no longer statutorily authorized. No changes were made based on the comments received by the department.

COMMENT: Regarding §35.102, Mr. Key questions the proposed removal of subsection (c), relating to regulation of managers and requirements placed on Letters of Authority.

RESPONSE: The proposed rule is consistent with the statutory changes affected by Senate Bill 616 eliminating manager and Letter of Authority licenses. The department believes it is appropriate to strike this section as it would impose requirements that are no longer statutorily authorized. No changes were made based on the comments received by the department.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904644

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER I. COMPANY RECORDS

37 TAC §35.111, §35.112

The Texas Department of Public Safety (the department) adopts amendments to §35.111 and §35.112, concerning Company Records. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6321). The rule will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Additionally, the title of this subchapter is changing from Letter of Authority to Security Department of Private Businesses and Political Subdivisions.

No comments were received regarding the adoption of these rules.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904646

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER J. SPECIAL COMPANY LICENSE QUALIFICATIONS

37 TAC §§35.121 - 35.123

The Texas Department of Public Safety (the department) adopts amendments to §§35.121 - 35.123, concerning Special Company License Qualifications. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6322) and will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act).

The department accepted comments on the proposed amendments through November 25, 2019. Written comments were submitted by Mr. David Shafer of Shafer Investigations. Substantive comments received, as well as the department's responses, thereto, are summarized below:

COMMENT: Regarding §35.121(a)(5), Mr. Shafer suggested the alternative educational qualification reflected in paragraph (5) should be removed entirely, stating "PDI and related courses have been a blight on the industry and harmful to clients."

RESPONSE: The comment is outside the scope of the proposed rule amendment. The proposal is limited to the substitution of the term "company representative" for that of "manager"' as required by Senate Bill 616; it does not affect the substance of the rule's requirements. No changes were made based on the comments received by the department.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904648

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER K. FEES

37 TAC §35.131, §35.132

The Texas Department of Public Safety (the department) adopts amendments to §35.131 and §35.132, concerning Fees. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6323). These rules will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Section 35.131 is amended to remove the specific fee for fingerprint background checks. These fees are determined by state law and federal regulations that may be subject to change as those state and federal provisions are amended.

No comments were received regarding the adoption of these rules.

The rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a) and §1702.062(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904649

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER L. TRAINING

37 TAC §§35.141 - 35.143, 35.145, 35.147

The Texas Department of Public Safety (the department) adopts amendments to §§35.141 - 35.143, 35.145, and 35.147, concerning Training. These rules are adopted with changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6324). The rules will be republished. Language in §35.142(d) was updated to reflect the elimination of Letters of Authority pursuant to the 86th Legislative Session, Senate Bill 616 and correct a typographical error §35.143(d)(2).

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act). Other rule changes simplify the rules or enhance the department's regulatory oversight of the Private Security Program.

No comments were received regarding the adoption of these rules.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

§35.141.Training Requirements.

(a) Security and Personal Protection Officer Training.

(1) The Level II training course shall be completed by all applicants for a security officer commission or for a license as a noncommissioned security officer. The course material shall be prepared or approved by the department. A certificate indicating completion of Level II training shall be submitted to the department with the required application. Level II training may be taught by the licensee's designee, or a department approved school and department approved instructor using the most current version of the respective department Level II training course manuals.

(2) The Level III training course shall be completed by all applicants for a security officer commission and a personal protection officer license. The course material shall be prepared by and obtained from the department. A certificate indicating completion of Level III training shall be submitted to the department along with the application to license the individual. Level III training must be taught by a department approved school and a department approved instructor.

(3) The Level IV training course shall be completed by all applicants for a personal protection officer license. The course material shall consist of a minimum of fifteen (15) classroom hours and shall be offered by department approved personal protection officer training schools and taught by department approved personal protection training instructors. All training shall be conducted with a department approved instructor present during all instruction. All students of a personal protection officer training course shall be tested with an examination prepared by and obtained from the department.

(b) Peace Officer Exemption.

(1) Applicants for either a security officer commission or a personal protection officer license who are full-time peace officers, certified by the Texas Commission on Law Enforcement (TCOLE), may be exempted from the Level III training requirements upon submission to the department of a sworn affidavit attesting to the applicant's review of and familiarity with the Act and the related administrative rules.

(2) Applicants for either a security officer commission or a personal protection officer license who have honorably retired as Texas peace officers within the preceding two (2) years may be exempted from the Level II and III training requirements upon submission to the department of proof of their honorably retired status (in the form of documentation from the employing agency or TCOLE), and of a sworn affidavit attesting to the applicant's review of and familiarity with the Act and this chapter. For purposes of the above exemption, "honorably retired" means that the applicant:

(A) Did not retire in lieu of a disciplinary action;

(B) Was eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and

(C) Is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.

(c) Alarm Systems Training.

(1) The Level I alarm systems training course shall be successfully completed, and the certification submitted to the department, by any licensee employed as an alarm systems installer in order to renew an original license.

(2) Alarm systems Level I training must be taught by a department approved alarm systems training school and a department approved alarm instructor.

(d) An inactive or expired licensee who has not been employed in the investigation or security services industry in the past three (3) years or more must submit current training certificate(s) to the department.

§35.142.Training School Approval.

(a) An application for training school approval shall be submitted in the manner prescribed by the department.

(b) To be approved, the school must:

(1) Use the department's most current training manual;

(2) Obtain approval of all instructors as provided under §35.143 of this title (relating to Training Instructor Approval);

(3) Ensure that all owners, officers, partners, or shareholders are in compliance with the fingerprint submission requirement and individual license requirements of the Act, §1702.110 and §1702.221, respectively.

(c) The letter of approval shall be valid for one (1) year and may be renewed by submitting an application for renewal thirty (30) days prior to the expiration date.

(d) If registered as provided in §1702.181 of the Act, a security department of a private business or a security department of a political subdivision may seek approval as a training school by meeting requirements of this chapter where applicable. A training school approved under this section may only train employees of the entity.

(e) The department may deny an application for approval for any reason relating to the failure to satisfy the requirements of this section, or for prior violations of the Act or this chapter on the part of the owners or instructors associated with the applicant.

(f) The department may withdraw or suspend approval of a training school upon evidence the school has operated in violation of the Act or this chapter, or upon notification that an owner, officer, partner or shareholder has been charged with or convicted of a disqualifying offense as provided in §35.4 of this title (relating to Guidelines For Disqualifying Criminal Offenses). Certificates of completion or proficiency submitted for courses taught subsequent to notification of withdrawal or suspension of the school's approval will be rejected.

§35.143.Training Instructor Approval.

(a) An application for approval as a training instructor shall contain evidence of qualification as required by the department. Instructors may be approved for classroom or firearm training, or both. An individual may apply for approval for one or both of these categories. To qualify for classroom or firearm instructor approval, the applicant must submit acceptable certificates of training for each category. The classroom instructor and firearm certificates shall represent a combined minimum of forty (40) hours of department approved instruction.

(b) The items detailed in this subsection may constitute proof of qualification as a classroom instructor for security officers:

(1) An instructor's certificate issued by Texas Commission on Law Enforcement (TCOLE);

(2) An instructor's certificate issued by federal, state, or political subdivision law enforcement agency approved by the department;

(3) An instructor's certificate issued by the Texas Education Agency (TEA);

(4) An instructor's certificate relating to law enforcement, private security, or industrial security issued by a junior college, college, or university; or

(5) A license to carry handgun instructor certificate issued by the department.

(c) The items listed in this subsection may constitute proof of qualification as a firearm training instructor, if reflecting training completed within two (2) years of the date of the application:

(1) A handgun instructor's certificate issued by the National Rifle Association;

(2) A firearm instructor's certificate issued by TCOLE; or

(3) A firearm instructor's certificate issued by a federal, state, or political subdivision law enforcement agency approved by the department.

(d) Proof of qualification as an alarm systems training instructor shall include proof of completion of an approved training course on alarm installation.

(e) Proof of qualification as a personal protection officer instructor shall include, but not be limited to:

(1) A firearm instructor's certificate issued by TCOLE along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence may include:

(A) Affidavit from employer; or

(B) A copy of curriculum taught.

(2) An instructor's certificate issued by federal, state, or political subdivision law enforcement academy along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence may include:

(A) Affidavit from employer; or

(B) A copy of curriculum taught.

(3) An instructor's certificate issued by TEA along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence may include:

(A) Affidavit from employer; or

(B) A copy of curriculum taught.

(4) An instructor's certificate relating to law enforcement, private security or industrial security issued by a junior college, college or university along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence may include:

(A) An affidavit from an employer; or

(B) A copy of curriculum taught.

(5) Evidence of successful completion of a department approved training course for personal protection officer instructors.

(f) Notice shall be given in writing to the department within fourteen (14) days after a change in address of the approved instructor.

(g) In addition to summary actions under the Act, based on criminal history disqualifiers, the department may revoke or suspend an instructor's approval or deny the application or renewal thereof upon evidence that:

(1) The instructor or applicant has violated any provisions of the Act or this chapter;

(2) The qualifying instructor's certificate has been revoked or suspended by the issuing agency;

(3) A material false statement was made in the application; or

(4) The instructor does not meet the qualifications set forth in the provisions of the Act and this chapter.

§35.145.Handgun Course.

(a) In addition to the firearm qualification requirements as set forth in the Act, a department approved firearm training instructor may qualify a student by using:

(1) The Texas Department of Public Safety Primary Issued Handgun Qualification Course; or

(2) The Texas Department of Public Safety Approved License to Carry Handgun License Course.

(b) All individuals qualifying with a firearm to satisfy the requirements of the Act shall qualify with an actual demonstration by the individual of the ability to safely and proficiently use the category of firearm for which the individual seeks qualification.

(c) The categories of handguns are:

(1) SA--Semi-automatic; and

(2) NSA--Non semi-automatic.

(d) The SA qualification authorizes the carrying of either semi-automatic or non semi-automatic handguns.

§35.147.Certificates of Completion, Training Records, and Notifications.

(a) A department approved training school shall:

(1) Issue an original certificate of completion to each qualifying student within seven (7) days after the student qualifies;

(2) Maintain adequate records to show attendance, progress and grades of students and maintain on file a copy of each certificate issued to students at the department approved training school;

(3) Make all required records available to investigators employed by the department for inspection during reasonable business hours; and

(4) Retain all training records for twenty-four (24) months from the date of completion of training.

(5) Notify each applicant or enrollee of the potential ineligibility of an individual who has been convicted of an offense, the current guidelines provided in §35.4 of this title (relating to Guidelines for Disqualifying Criminal Offenses), and the right to request a criminal history evaluation letter under Occupations Code, §53.102. As provided in Occupations Code, §53.153, failure to comply with this subsection may result in an order to refund tuition paid and reimburse the individual's application and training fees. Failure to comply with an order to refund tuition or reimburse fees may result in suspension of the school license until payment is made, pursuant to §1702.361 of the Act. The figure in this paragraph provides the recommended text of the notice. Direct communication of this text to the prospective applicant, whether by email or other correspondence, or on the application for admission to a course, is sufficient to establish compliance with this section.

Figure: 37 TAC §35.147(a)(5) (.pdf)

(b) The certificate of completion shall reflect the particular course or courses completed by a student during the training period.

(1) Certificates of completion for Level II shall contain the:

(A) Name and approval number of the school;

(B) Date of completion;

(C) Name, signature, and approval number of training instructor; and

(D) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or, the last four (4) digits of the student's social security number.

(2) Certificates of completion for Level III and IV shall contain the:

(A) Name and approval number of the school;

(B) Date of firearm training completion of Level III;

(C) Name, signature, and approval number of classroom and/or firearm training instructor;

(D) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student's social security number; and

(E) The specific date of firearm qualification along with the name and approval number of the firearms instructor on those certificates designating completion of Level III.

(3) Certificate of completion for firearms qualification (firearm proficiency) shall contain the:

(A) Name and approval number of the school;

(B) Name, signature, and approval number of firearms training instructor;

(C) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student's social security number;

(D) Firearms completion date;

(E) Note the category of firearm as defined in this chapter; and

(F) Be on a certificate form designed or approved by the department.

(4) Certificates of completion for alarm systems installation training shall contain:

(A) Name and approval number of the school;

(B) Name, signature and approval number of training instructor:

(C) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student's social security number;

(D) Date of final completion of the entire course; and

(E) The words "Has successfully completed the alarm installation training school approved by the Texas Department of Public Safety."

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 December 9, 2019.

TRD-201904650

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER M. CONTINUING EDUCATION

37 TAC §35.161, §35.162

The Texas Department of Public Safety (the department) adopts amendments to §35.161 and §35.162, concerning Continuing Education. These rules are adopted without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6328). These rules will not be republished.

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act).

The department accepted comments on the proposed amendments through November 25, 2019. Written comments were submitted by Mr. David Shafer of Shafer Investigations, Ms. Tatiana Pino, Attorney for the Institute for Justice, Mr. Bobby R. Key, Assistant Manager for Security with Texas Facilities, and John C. Helweg, as President and on behalf of the Texas Burglar and Firearm Alarm Association. No changes were made based on the comments received by the department. Included in the comments received by the department were items interpreted as requests for information or clarification, not as rule comments. These items will be addressed by either direct correspondence or website communications. Substantive comments received, as well as the department's responses, thereto, are summarized below:

COMMENT: Regarding §35.161, Mr. Helweg states "We would like to keep the option to substitute legislative and code update classes for ethics once it's been taken one time for company owners and representatives."

RESPONSE: The referenced option currently applies only to the qualified managers, and Senate Bill 616 eliminated the license for those individuals. For this reason the related rule language is being repealed. The comment proposes a modification to current rule that should properly be the subject of deliberation and consideration by the Private Security Advisory Committee and other industry representatives. The department will take the proposal under consideration for possible future action. However, at this time no changes were made based on the comments received by the department.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a) and §1702.309(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

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 December 9, 2019.

TRD-201904651

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848


SUBCHAPTER O. MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS

37 TAC §§35.181, 35.182, 35.184

The Texas Department of Public Safety (the department) adopts amendments to §§35.181, 35.182, and 35.184, concerning Military Service Members, Military Veterans, and Military Spouses - Special Conditions. These rules are adopted with changes to the proposed text to correct grammar as published in the online database in the October 25, 2019, issue of the Texas Register (TRD-201903728) and published in the November 29, 2019, issue of the Texas Register (44 TexReg 7364). The rules will be republished.

Please note, due to an error by the Texas Register, this proposal was inadvertently omitted from the printed version of the October 25, 2019, issue. However, it was included in the online database as part of the October 25, 2019, issue. As a result of the error, the proposal was reprinted in its entirety in the November 29, 2019, issue Texas Register (44 TexReg 7364).

These rule changes implement the 86th Legislative Session's Senate Bill 616, which amends Chapter 1702, Occupations Code (the Private Security Act).

No comments were received regarding the adoption of these rules.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(a), which authorizes the Public Safety Commission to adopt rules to guide the department in its administration of Texas Occupations Code, Chapter 1702.

§35.181.Exemptions from Penalty for Failure to Renew in Timely Manner.

An individual who holds a license issued under the Act is exempt from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the department the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

§35.182.Extension of License Renewal Deadlines for Military Service Members.

A military service member who holds a license issued under the Act is entitled to two (2) years of additional time to complete:

(1) Any continuing education requirements; and

(2) Any other requirement related to the renewal of the military service member's license.

§35.184.Credit for Military Experience and Training.

(a) Verified military service, training, or education that relates to the commission or license for which a military service member or military veteran has applied will be credited toward the respective experience or training requirements.

(b) This section does not apply to an applicant who:

(1) Holds a restricted license issued by another jurisdiction; or

(2) Is ineligible for the license under the Act or this chapter, based on a disqualifying criminal history.

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 December 9, 2019.

TRD-201904652

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 29, 2019

Proposal publication date: October 25, 2019

For further information, please call: (512) 424-5848