PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15. DRIVER LICENSE RULES
SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
The Texas Department of Public Safety (the department) adopts amendments to §15.29, concerning Alternative Methods for Driver License Transactions. This rule is adopted without changes to the proposed text as published in the November 10, 2023, issue of the Texas Register (48 TexReg 6570) and will not be republished.
The proposed amendment adds applicants convicted of an offense under Penal Code, Chapter 20A, Trafficking of Persons, to those not eligible to renew or apply for a duplicate driver license or identification certificate using an alternative method and must do so in person consistent with Senate Bill 1527, 88th Leg., R.S. (2023).
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.
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 February 16, 2024.
TRD-202400657
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 7, 2024
Proposal publication date: November 10, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §25.8, concerning Reinstatement. This rule is adopted without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7877) and will not be republished.
The proposed amendment implements House Bill 3224, 88th Leg., R.S. (2023), by removing the reference to reinstating a suspended motor vehicle registration because the bill removed the ability to suspend a motor vehicle registration for a second conviction of failure to establish financial responsibility, and only a driver license may be suspended under that circumstance.
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 and Texas Transportation Code §601.021, which authorizes the department to administer and enforce Chapter 601 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 February 16, 2024.
TRD-202400658
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 7, 2024
Proposal publication date: December 22, 2023
For further information, please call: (512) 424-5848
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) adopts amendments to §35.7, concerning Firearm Standards. This rule is adopted without changes to the proposed text as published in the November 10, 2023, issue of the Texas Register (48 TexReg 6571) and will not be republished.
The proposed amendments authorize the carrying of certain rifles by commissioned security officers and personal protection officers who are licensed Texas peace officers or honorably retired Texas peace officers and make various clarifying changes to other firearm related provisions.
The department accepted comments on the proposed amendments through December 11, 2023. The substantive comments received and the department's responses are summarized below.
COMMENT: The first commenter asks that rifles be allowed for all security officers who provide proof of valid firearm proficiency and knowledge.
COMMENT: The second commenter asks that the department consider adding training requirements that would enable anyone who is licensed as a commissioned security officer or personal protection officer be able to have access to a rifle when performing security services on the property of an educational institution.
RESPONSE: The department carefully considered this issue prior to submission of this rule and determined the changes should be limited to a licensed Texas peace officer or an honorably retired Texas peace officer. However, the department will continue to evaluate this issue and consider further changes in the future. No changes are being 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 February 16, 2024.
TRD-202400659
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 7, 2024
Proposal publication date: November 10, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §35.143, concerning Training Instructor Approval. This rule is adopted without changes to the proposed text as published in the November 10, 2023, issue of the Texas Register (48 TexReg 6573) and will not be republished.
The proposed amendments implement House Bill 3424, 88th R.S. (2023), which requires applicants for a commissioned security officer license to obtain in-person classroom training in self-defense tactics. The amendments require prospective instructors to have the experience necessary to teach self-defense tactics. Additional changes include an alternative method by which prospective training instructors may qualify for approval to provide instruction and the removal of an outdated requirement relating to required hours of training that is inconsistent with the certifications otherwise required.
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 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 §1702.1675(f), which authorizes the Commission to adopt rules necessary to administer training requirements.
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 February 16, 2024.
TRD-202400660
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 7, 2024
Proposal publication date: November 10, 2023
For further information, please call: (512) 424-5848
SUBCHAPTER E. DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES
The Texas Department of Public Safety (the department) adopts amendments to §36.60, concerning Administrative Penalties. This rule is adopted without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7878) and will not be republished.
The proposed amendments remove obsolete language and modify the penalty schedule to implement changes made in rule §36.11 and in Senate Bill 224, 88th Leg., R.S. (2023), amending Occupations Code, Chapter 1956, Metal Recycling Entities.
The department accepted comments on the proposed amendments through January 22, 2024. Written comments relating to §36.60 were submitted by Senator Carol Alvarado, Representative Jeff Leach, and Steve Bresnen on behalf of PGM of Texas in support of the new rule. No changes were made to the proposal based on these comments.
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, §1956.013, which authorizes the Public Safety Commission to adopt rules to administer Chapter 1956.
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 February 16, 2024.
TRD-202400661
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 7, 2024
Proposal publication date: December 22, 2023
For further information, please call: (512) 424-5848
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice adopts amendments to §151.6, concerning Petition for the Adoption of a Rule, without changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8184). The rule will not be republished.
The adopted amendments ensure that an economic impact statement will also include the projection of the impact of the rule on rural communities, which mirrors language in Gov't Code §2006.002, Adoption of Rules with Adverse Economic Effect.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code § 492.013, which authorizes the board to adopt rules; §492.016, which requires the board to develop and implement policies to encourage the use of negotiated rulemaking procedures and appropriate alternative dispute resolution procedures; §2001.021, which requires state agencies to prescribe the form for a petition and the procedure for its submission, consideration, and disposition; and Chapter 2008, which authorizes a state agency to engage in negotiated rulemaking.
Cross Reference to Statutes: None.
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 February 12, 2024.
TRD-202400561
Kristen Worman
General Counsel
Effective date: March 3, 2024
Proposal publication date: December 29, 2023
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice adopts amendments to §151.25, concerning Tobacco and Vapor Products, without changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8185). The rule will not be republished.
The adopted amendments are minor word changes.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and §494.010, which establishes requirements for designated locations for the use of tobacco products by employees.
Cross Reference to Statutes: None.
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 February 12, 2024.
TRD-202400564
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Effective date: March 3, 2024
Proposal publication date: December 29, 2023
For further information, please call: (937) 437-6700
The Texas Board of Criminal Justice adopts amendments to §151.71, concerning Marking of Texas Department of Criminal Justice Vehicles, without changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8186). The rule will not be republished.
The adopted amendments provide an additional exemption to include vehicles used primarily for administrative purposes and assigned to TDCJ officials holding administrative positions, as determined by the executive director, for which confidentiality is necessary to prevent undue risk of danger or injury to TDCJ officials operating those vehicles or damage to the vehicle, and other minor word changes.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and Texas Transportation Code §§721.002-.003, which establish guidelines and provide exemptions for inscription requirements on state-owned motor vehicles.
Cross Reference to Statutes: None.
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 February 12, 2024.
TRD-202400562
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Effective date: March 5, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 437-6700
SUBCHAPTER D. OTHER RULES
The Texas Board of Criminal Justice (board) adopts amendments to §152.51, concerning Authorized Witnesses to the Execution of an Inmate Sentenced to Death, without changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8187). The rule will not be republished.
The adopted amendments remove the requirement for witnesses to be on the approved inmate's visitor list; add a requirement that an inmate submit a request in writing to the death row unit warden to have a TDCJ chaplain or the inmate's spiritual advisor present inside the execution chamber within 30 days of being notified of an execution date and explain in writing what actions the inmate requests the spiritual advisor to perform; added that the spiritual advisor shall have an established ongoing spiritual relationship with the inmate demonstrated by regular communications or in-person visits prior to the inmate's scheduled execution date, or must be currently employed as a TDCJ chaplain; removed language that required the spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the condemned inmate's elected religion; and clarify other current practices.
The board received comments on the proposed amendments from one commenter.
General Comments
The commenter asserts that the proposed amendments are not within the TBCJ's authority to adopt.
Section 152.51(b)(4)
Proposed §152.51(b)(4) states that the spiritual advisor shall be a licensed or certified pastor or comparable official, such as a minister, priest, or rabbi, of the victim's or close relatives' religion.
The commenter argues that Texas law does not require any clergy to be licensed or certified, and that the amendment violates the U.S. Constitution.
TBCJ Response
TBCJ declines to modify the proposed rule because the proposed amendment replaces the terminology "bona fide" pastor or comparable official, to use more commonly understood language of "licensed or certified." This generic terminology merely recognizes that some religious organizations grant a license or certificate of their religious officials. There is no change to the intent of the rule as a result of the proposed amendment.
Section 152.51(c)(1)(D)
Proposed §152.51(c)(1)(D) adds new language requiring that the spiritual advisor must be currently employed as a TDCJ chaplain or have an established ongoing spiritual relationship with the inmate as shown by regular communications or in-person visits with the inmate prior to the inmate's scheduled execution date.
The commenter argues that the requirement of an established ongoing spiritual relationship is vague, unenforceable, and violates the Establishment Clause.
TBCJ Response
The TBCJ declines to modify the proposed amendment because this requirement allows an inmate to exercise his religious rights by having the inmate's chosen spiritual advisor attend the inmate's execution. The proposed language also specifies that an inmate may demonstrate an ongoing spiritual relationship with the inmate's spiritual advisor through regular communications or in-person visits. For these reasons, the requirement is not vague or unenforceable, and no Establishment Clause violation occurs.
All comments, including any not specifically referenced herein, were fully considered by TBCJ.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and Texas Code of Criminal Procedure Art. 43.20, which establishes persons that may be present at an execution.
Cross Reference to Statutes: None.
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 February 12, 2024.
TRD-202400563
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Effective date: March 3, 2024
Proposal publication date: December 29, 2023
For further information, please call: (936) 437-6700