TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 2. CAPITOL ACCESS PASS

37 TAC §2.8

The Texas Department of Public Safety (the department) proposes amendments to §2.8, concerning Expiration. This rule change is necessary to implement Senate Bill 616, 86th Legislative Session, which requires the Capitol Access Pass expire no later than the second anniversary of the date it was issued.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the effective implementation of legislation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, or limit an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email to RSD.Rule.Comments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Government Code, §411.0625(c), which authorizes the department to adopt rules to administer the Capitol Access Pass program; and Texas Government Code, §411.511, which authorizes the Public Safety Commission to establish by rule the expiration dates for the various licenses governed by Texas Government Code, Chapter 411, Subchapter Q.

Texas Government Code, §411.004(3), §411.0625(c), and Subchapter Q and Subchapter R of Chapter 411, are affected by this proposal.

§2.8.Expiration.

A Capitol access pass expires on [December 31st of] the second anniversary of [fifth year following] the date of issuance. An expired pass may not be renewed. A new application is required if the pass is not renewed prior to expiration.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904594

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


CHAPTER 6. LICENSE TO CARRY HANDGUNS

SUBCHAPTER B. ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN

37 TAC §6.13

The Texas Department of Public Safety (the department) proposes amendments to §6.13, concerning Photographs. These amendments are necessary to implement the 86th Texas Legislature, House Bill 4195. This bill removes the statutory requirement of a color photograph as part of the application for a license to carry a handgun. Therefore, corresponding references within the rule on application requirements have been removed.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of the rule will be greater consistency with recent legislation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, or limit an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or emailed to RSD.Rule.Comments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.179, which authorizes the department to adopt rules to establish the form of the license.

Texas Government Code, §411.004(3) and §411.179, are affected by this proposal.

§6.13.Photographs.

(a) An applicant for a license must submit photographs unless the applicant holds an unexpired Texas driver license or an unexpired Texas personal identification certificate.

(b) If an applicant is required to submit photographs, the applicant shall submit two recent identical photographs of the applicant to the department. The photographs must:

(1) be passport style, unretouched [color] prints and not snapshots, vending machine prints, or full length photographs;

(2) be 2 inches by 2 inches in size and printed on photo quality paper;

(3) be taken in normal light, with a contrasting white[, off-white, or blue] background;

(4) present a clear, frontal image of the applicant and include the full face from the bottom of the chin to the top of the head, including hair; and

(5) be taken without eyeglasses.

(c) Unless worn daily for religious purposes, all hats or headgear must be removed for the photograph and no item or attire may cover or otherwise obscure any facial features, including the eyes, nose, and mouth.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904595

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


CHAPTER 13. CONTROLLED SUBSTANCES

SUBCHAPTER A. GENERAL PROVISIONS

37 TAC §13.1

The Texas Department of Public Safety (the department) proposes amendments to §13.1, concerning Definitions. These amendments are necessary to implement Senate Bill 616, 86th Texas Legislature. This bill repeals the Health and Safety Code provision requiring distributors and recipients of chemical precursors and laboratory apparatus obtain permits issued by the department. However, the bill leaves in place certain record keeping and reporting requirements for those who use precursor chemicals or laboratory apparatus, and the authority for audits and the inspection of records.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of rule will be the effective implementation of new legislation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, or limit an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or emailed to RSD.Rule.Comments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the chapter.

Texas Government Code, §411.004(3), and Texas Health and Safety Code, §481.003, are affected by this proposal.

§13.1.Definitions.

(a) The terms in this section, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Act--The Texas Controlled Substances Act (Texas Health and Safety Code, Chapter 481).

(2) Day--A calendar day unless otherwise indicated as a business day.

(3) Department (DPS)--The Texas Department of Public Safety.

(4) Distributor--A manufacturer, wholesaler, retailer or other person who sells, transfers, or otherwise furnishes a chemical precursor or a chemical laboratory apparatus.

(5) [(4)] Drug Enforcement Administration (DEA)--The Federal Drug Enforcement Administration.

(6) [(5)] Electronic transmission--The transmission of information in electronic form such as computer to computer, electronic device to computer, email, or the transmission of the exact visual image of a document by way of electronic media.

(7) [(6)] Record--A notification, order form, statement, invoice, inventory information, or other document for the acquisition or disposal of a controlled substance, precursor, or apparatus created or maintained in any manner [by a distributor or permit holder] under a record keeping or inventory requirement of federal law, the Act, or this chapter.

(b) For purposes of this chapter, the terms "precursor chemical" and "chemical precursor" are interchangeable.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904596

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


SUBCHAPTER B. PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA)

37 TAC §§13.11, 13.12, 13.14, 13.15, 13.20, 13.22

The Texas Department of Public Safety (the department) proposes the repeal of §§13.11, 13.12, 13.14, 13.15, 13.20, and 13.22 concerning Precursor Chemical Laboratory Apparatus (PCLA). The 86th Legislative Session, Senate Bill 616 repealed the Health and Safety Code provisions requiring distributors and recipients of chemical precursors and laboratory apparatus obtain permits issued by the department, therefore these rules are obsolete.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the repeal is in effect, the public benefit will be effective implementation of new legislation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. These rules are not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does repeal existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed repeal is in effect, it should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email to RSD.Rule.Comments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the chapter.

Texas Government Code, §411.004(3), and Texas Health and Safety Code, §481.003, are affected by these rules.

§13.11.Application.

§13.12.Expiration and Renewal.

§13.14.Transactions.

§13.15.Notification of Changes.

§13.20.Denial, Suspension, Revocation.

§13.22.Disqualifying Criminal Offenses.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904599

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


37 TAC §§13.13, 13.16, 13.19, 13.21, 13.23

The Texas Department of Public Safety (the department) proposes amendments to §§13.13, 13.16, 13.19, 13.21, and 13.23, concerning Precursor Chemical and Laboratory Apparatus (PCLA). These amendments are necessary to implement Senate Bill 616, 86th Texas Legislature. This bill repeals the Health and Safety Code provision requiring distributors and recipients of chemical precursors and laboratory apparatus obtain permits issued by the department. However, the bill leaves in place certain record keeping and reporting requirements for those who use precursor chemicals or laboratory apparatus, and the authority for audits and the inspection of records.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of rules will be the effective implementation of new legislation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, or limit an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or emailed to RSD.Rule.Comments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the chapter.

Texas Government Code, §411.004(3), and Texas Health and Safety Code, §481.003, are affected by this proposal.

§13.13.Reporting.

A suspicious order, a theft, or a loss of a precursor chemical or laboratory apparatus shall be reported to the department using the department approved form not later than the third day after the suspicious order, theft, or loss is discovered.

[(a) The department issued precursor chemical laboratory apparatus (PCLA) transaction form or its electronic equivalent must be completed by a PCLA distributor to report the required transactional details, including information relating to the recipient of a precursor or apparatus. The distributor must complete all applicable sections of the form.]

[(b) Except as provided by subsection (c) of this section, the report must be filed not later than the 7th day after the distributor completes the transaction and returned to the department.]

[(c) A distributor may make the comprehensive monthly report by submitting a computer generated report. This form of reporting must be pre-approved by the department and must include the same information as the PCLA transaction form. The comprehensive monthly report is due by the 30th day following the end of the reported month.]

[(d) All required reports must be submitted to the department in the form and manner required by the department.]

§13.16.Security.

(a) A distributor or recipient [permit holder] must establish and maintain effective controls and procedures to prevent unauthorized access, theft, or diversion of any precursor chemical laboratory apparatus (PCLA). The following constitute the minimum security requirements to protect these controlled items. The distributor or recipient [permit holder] must:

(1) Establish and maintain a building, an enclosure within a building, or an enclosed yard that provides reasonably adequate security against the diversion of a controlled item;

(2) Limit access to each storage area to the minimum number of individuals or employees necessary for the distributor's or recipient's [permit holder's] activities; and

(3) Designate an individual or a limited number of individuals with responsibility for each area in which a controlled item is stored, and authority to enter or control entry into the area.

(b) In the absence of a physical barrier, such as a wall, partition, fence, or similar divider, the distributor or recipient [permit holder] may comply with this section by another form of substantially increased security to limit physical access to the storage area under subsection (a)(2) of this section.

(c) The distributor or recipient [permit holder] will make the designation required by subsection (a)(3) of this section in writing and will make the designation available upon request in the same manner as a record kept under this chapter. The distributor or recipient [holder] may update the designation record as necessary to reflect current practice.

(d) When maintenance personnel or a business guest, visitor, or similar individual is present in or passes through an area addressed by this section, the distributor or recipient [permit holder] must provide for reasonably adequate observation of the area by an employee specifically designated under subsection (a)(3) of this section.

(e) If a distributor or recipient [permit holder] has an alarm system that is in operation and being monitored, the distributor or recipient [permit holder] must immediately report each unauthorized intrusion or other security breach to the department and to the distributor's or recipient's [permit holder's] local law enforcement agency.

(f) A distributor or recipient [permit holder] is not required to make the alarm report required under subsection (e) of this section if there is a reasonable explanation for the security breach that does not involve potential diversion.

§13.19.Inspection.

(a) Upon request of the department, a distributor or recipient [registrant or permit holder] may be provided up to 24 hours, excluding weekends and holidays, to produce any or all records required to be maintained on site for inspection by the department.

(b) All distributor or recipient [registrants ] authorized to maintain an offsite central record keeping system shall, upon request, produce the requested records within two business days.

(c) If an individual maintains a record under this chapter using an automated data processing system and if the individual does not have a printer available on site, the individual must:

(1) Make a useable copy available to the department at the close of business the day after the audit; and

(2) Certify that the information contained within the copy is true and correct as of the date of audit and has not been altered, amended, or modified.

(d) No individual in charge of a premise, item, or record covered by the Act or this subchapter may refuse, or interfere with, an inspection. [Refusal or interference by an applicant or permit holder may be a ground for the department to deny the application or suspend or revoke the permit.]

§13.21.Administrative Violations and Penalties.

The violations detailed in this section will be subject to an administrative fine of $500 per violation, subject to the factors provided in §481.302 of the Act. These fines may be imposed [in lieu of or in addition to suspension or revocation,] under the procedures described in Subchapter H of the Act for violations of the Act and this chapter.

(1) Failure to maintain records/inventories.

(2) Failure to provide required reports.

(3) Inaccurate or fraudulent reporting.

(4) Failure to surrender required documents.

[(5) Failure to display required signage/license.]

(5) [(6)] Failure to maintain adequate security.

[(7) Operating outside scope of license.]

[(8) Failure to notify of license changes.]

(6) [(9)] Refusing to allow or failure to cooperate with inspections.

(7) [(10)] Misrepresentation of information on [application,] record[,] or report.

(8) [(11)] Unlawful transfer or receipt of precursor chemical.

(9) [(12)] Transfer of precursor substance for unlawful manufacture.

(10) [(13)] Unlawful transfer or receipt of lab apparatus.

(11) [(14)] Transfer of lab apparatus for unlawful manufacture.

§13.23.Notice and Hearings.

(a) Hearings on administrative penalties[, and denials, suspensions or revocations,] are governed by Subchapter H of the Act (§481.301 et seq.).

(b) The department may rely on the mailing and electronic mail address and facsimile number currently on file for all purposes relating to notification. The failure to maintain a current mailing and electronic mail address and facsimile number with the department is not a defense to any action based on the individual's [registrant's or applicant's] failure to respond. Service [upon the registrant or applicant] of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and 3 days following the date sent if by regular United States mail.

(c) Following adequate notice of a hearing on a contested case before the State Office of Administrative Hearings (SOAH), failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the SOAH docket and to informally dispose of the case on a default basis.

(d) In cases brought before SOAH, in the event that the respondent is adjudicated to be in violation of the Act or this chapter after a trial on the merits, the department has authority to assess, in addition to the penalty imposed, the actual costs of the administrative hearing. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, costs of adjudication before SOAH and any other costs that are necessary for the preparation of the department's case including the costs of any transcriptions of testimony.

(e) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the respondent.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904597

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


SUBCHAPTER C. PEYOTE DISTRIBUTORS

37 TAC §§13.31 - 13.44

The Texas Department of Public Safety (the department) proposes the repeal of §§13.31 - 13.44, concerning Peyote Distributors. These rule changes are necessary to implement Senate Bill 616, 86th Legislative Session. Senate Bill 616 repeals the Health and Safety Code provision requiring peyote distributors register with the department.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the repeal is in effect, the public benefit will be effective implementation of new legislation.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does repeal existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed repeal is in effect, the repeal should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Steve Moninger, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0246, or by email to RSD.Rule.Comments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce the chapter.

Texas Government Code, §411.004(3), and Texas Health and Safety Code, §481.003, are affected by this proposal.

§13.31.Application for Peyote Distributor Registration.

§13.32.Expiration and Renewal.

§13.33.Employee/Contractor Information.

§13.34.Harvesting.

§13.35.Sales.

§13.36.Transactional Records.

§13.37.Security.

§13.38.Inventory.

§13.39.Reporting of Loss or Theft.

§13.40.Denial, Suspension, Revocation.

§13.41.Administrative Penalties.

§13.42.Notice and Hearings.

§13.43.Exemption from Penalty for Failure to Renew in Timely Manner.

§13.44.Extension of License Renewal Deadlines for Military Members.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904601

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER A. LICENSING REQUIREMENTS

37 TAC §15.6

The Texas Department of Public Safety (the department) proposes amendments to §15.6, concerning Motorcycle License. The 86th Texas Legislature enacted House Bill 3171, which repealed Texas Transportation Code, §521.225 requiring a restricted Class M license to operate a moped and redefined a motor-driven cycle as a motorcycle. This rule amendment removes references to moped licenses and motor-driven cycles.

Suzy Whittenton, Assistant Director, Finance, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the rule as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period this rule is in effect, the public benefit anticipated as a result of this amendment will be elimination of the restricted Class M license for operation of a moped and a greater understanding of the types of motorcycles and licenses required for their operation.

The Department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code Section 2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce the risks to human health from environmental exposure.

The Department has determined that Chapter 2007 of the Texas Government Code does not apply to this amendment. Accordingly, the Department is not required to complete a takings impact assessment.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; and will not require the creation of new employee positions nor eliminate current employee positions. The proposed rulemaking will result in a decrease in fees paid to the agency. The 86th Texas Legislature passed House Bill 3171 which eliminated the moped license requirement. This will result in fewer people obtaining licenses and paying fees for those licenses. The proposed rulemaking does limit an existing regulation and the proposed rulemaking does decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Janie Sawatsky, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

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

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005 are affected by this proposal.

§15.6.Motorcycle License.

A driver who qualifies to operate a motorcycle will be issued a Class M license. When a driver is also qualified to operate a motor vehicle with a Class A, B, or C license, one license with any applicable restrictions will be issued. Parent or guardian authorization is required for applicants younger than 18 years of age. [A motorcycle license authorizes the driving of a motorcycle, motor-driven cycle or moped. Four types of motorcycle licenses are issued. One is for all motorcycles of any size engine; one is for three-wheeled motorcycles; one is for motor-driven cycles of 250 cubic centimeter piston displacement or less; and one is for mopeds of less than 50 cubic centimeter piston displacement. A driver qualifying to operate both motorcycle and Class A, B, or C type vehicles will be issued one license showing both classes with restrictions when applicable.]

(1) [Motorcycle. Requires a] Class M license.

(A) The minimum age is 16 years with completion of the classroom phase of driver education and a department approved motorcycle operator training course. [Parent or guardian authorization is required for applicants under 18 years of age.]

(B) This authorizes operation of all motorcycles and [,] three-wheeled motorcycles[, motor-driven cycles, and mopeds].

(2) Restricted [Three-Wheeled Motorcycle. Requires restricted] Class M license.

(A) The minimum age is 16 years with completion of the classroom phase of driver education and a department-approved motorcycle operator training course specific to the operation of a three-wheeled motorcycle. [Parent or guardian authorization is required for applicants under 18 years of age.]

[(B) The Class M license will be restricted to driving a three-wheeled motorcycle.]

[(3)] [Motor-Driven Cycle. Requires restricted Class M license.]

(B) [(A)] The minimum age is 15 years with completion of the classroom phase of driver education and a department approved motorcycle operator training course specific to 250 cubic centimeter piston displacement or less. [Parent or guardian authorization is required for applicants under 18 years of age.]

[(B) The Class M license will be restricted to driving a motor-driven cycle with 250 cubic centimeter piston displacement.]

[(4) Moped. Requires restricted Class M license.]

[(A) The minimum age is 15 years with completion of the classroom phase of driver education and a department approved motorcycle operator training course. Parent or guardian authorization is required for applicants under 18 years of age.]

[(B) The Class M license will be restricted to driving a moped.]

[(C) Satisfactory completion of a vision and written test are required. No road test is required.]

(3) [(5)] A Motorcycle Operator Training Program Certificate of Completion (Form MSB-8) or a completion card from a state or military motorcycle safety training program showing that the applicant has completed a course in basic motorcycle safety instruction that meets or exceeds the Motorcycle Safety Foundation curriculum standards will be used as proof of successful completion of a department approved motorcycle operator training course.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904602

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


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

37 TAC §15.27

The Texas Department of Public Safety (the department) proposes amendments to §15.27, concerning Signature by Parent or Guardian for a Driver License. This amendments are necessary because the 86th Texas Legislature enacted House Bill 2551, which added an agent with power of attorney for the parent to the persons authorized to sign for minor's driver license.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of rule will be a greater understanding of the persons authorized to sign the application for a minor's driver license.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, or limit an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Janie Sawatsky, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

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

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005 are affected by this proposal.

§15.27.Signature by Parent or Guardian for a Driver License.

(a) [Application.] The application of a minor for a driver license must be signed by the person having custody of the minor. This should be the father or mother; if the minor is not in the custody of the minor's [his] father or mother, the guardian or agent under a power of attorney for the parent should sign [then his guardian should sign], and if not in the custody of any of the foregoing, the minor's [his] employer or the county judge of the county in which the minor [he] resides may sign.

(b) [Separate notarization.] The signing custodian authorizes operation of only those vehicles which may be legally operated with the license applied for. Therefore, when a minor applies for a license to drive a vehicle not authorized by the minor's [his] current license, a separate new notarized authorization from the custodian is required.

(c) [Exception.] The parental authorization is not required for persons under age 18 who are or have been married or whose disabilities of minority have been removed generally, by law. Instead, they must:

(1) present a marriage certificate or a divorce decree (but not an annulment decree) or other satisfactory evidence of marriage or of having been married;

(2) present a court order showing removal of disabilities of minority; or

(3) obtain a notarized parental authorization as though the minor [he or she] were not or had not been married.

(d) [Requirements pertaining to parental authorizations. ] Marriage or the removal of the disabilities of minority affect only requirements pertaining to parental authorizations. All other requirements of the law for licensing must be complied with, including minimum ages for licensing.

(e) [Request to withdraw or restore an authorization. ] A request to withdraw or restore an authorization must be submitted to the department in writing.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904603

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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


SUBCHAPTER C. EXAMINATION REQUIREMENTS

37 TAC §15.55

The Texas Department of Public Safety (the department) proposes amendments to §15.55, concerning Waiver of Knowledge and/or Skills Tests. The amendment is necessary because the 86th Texas Legislature enacted House Bill 3171, which repeals the requirement for a Class M license restricted to moped operation.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of rule will be a greater understanding of the examination waivers allowed for driver license issuance.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does limit an existing regulation and does decrease the number of individuals subject to its applicability. The 86th Texas Legislature passed House Bill 3171, which eliminated the moped license requirement. This will result in the administration of fewer knowledge exams and reduction in the number of applicants for motorcycle licenses. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Janie Sawatsky, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

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

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005 are affected by this proposal.

§15.55.Waiver of Knowledge and/or Skills Tests.

(a) Definitions.

(1) Knowledge exam--Written, computerized, or automated exam.

(2) Skills exam--Driving or road exam.

(3) Unrestricted Class A, B, and C license--A license that allows a person 18 years of age or older to operate a motor vehicle without having a restriction that requires a licensed driver 21 years of age or older in the front seat.

(b) Required completion of the knowledge and/or skills exams.

(1) The skills exam will not be waived for applicants under the age of 18.

(2) Applicants younger [less] than 25 years of age who present driver education completion certificates dated two or more years prior to the date of application will not have any examinations waived. These certificates are acceptable as proof of driver education completion.

(3) If an advance in grade is applied for, the applicant must pass the vision exam and appropriate knowledge and skills exams.

(4) For applicants with an expired out-of-state license or no license, the applicant must pass the vision, knowledge, and skills exams.

(c) Waiver of the knowledge and/or skills exams.

(1) Noncommercial driver license:

(A) Knowledge and skills exams are waived for applicants who hold a valid license from another U.S. state, U.S. territory, or province of Canada when applying for a Texas license of the same or lower type. An applicant with a valid license will be required to pass the vision exam.

(B) The skills exam is waived for applicants who hold a valid U.S. military or Armed Forces license.

[(2) Class M license restricted to Moped:]

[(A) The Class M knowledge exam is required for all applicants.]

[(B) The skills exam is not required.]

(2) [(3)] Class M License:

(A) The Class M knowledge exam is waived for applicants who have successfully completed a department approved motorcycle operator training course.

(B) The skills exam is waived for individuals age 18 and older [over] who have a valid, unrestricted Class A, B, or C Texas driver license and have successfully completed a department approved motorcycle operator training course.

(C) All other applicants must take and pass a skills exam for a motorcycle license.

(D) An applicant must present either item [items] detailed in clause (i) or clause (ii) of this subparagraph to confirm successful completion of a department approved motorcycle operator training course:

(i) a [A] valid Standardized Motorcycle Operator Training Course completion card (Form MSB-8); or

(ii) a [A] valid completion card from a state or military motorcycle safety training program showing that the applicant has completed a course in basic motorcycle safety instruction that meets or exceeds the department approved curriculum standards.

(iii) The course completion cards are valid for 24 months from the date of issuance.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 9, 2019.

TRD-201904604

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 19, 2020

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