PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER F. TESTIMONY
The Texas Department of Public Safety (the department) adopts new §1.92, concerning Reimbursement of Witnesses at Public Safety Commission Hearings. This rule is adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9391). The rule will not be republished.
New §1.92 was simultaneously proposed with the repeal of §29.201, concerning Reimbursement of Witnesses at Public Safety Commission Hearings to move this section to a more appropriate chapter and subchapter of the department's rules.
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 §411.007(f).
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, 2021.
TRD-202100671
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
The Texas Department of Public Safety (the department) adopts new §15.29, concerning Alternative Methods for Driver License Transactions. This rule is adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9392) The rule will not be republished.
Driver License System (DLS) upgrades underway include programming to allow learner license holders to submit proof of completion of requirements to obtain a provisional license through Texas.gov. This will also allow these applicants to obtain duplicates and change their address without visiting a driver license office, reducing the number of times teen license holders must return to the driver license office. Other changes clarify language and requirements for alternative transactions that will include renewals for commercial driver license holders conforming to recent Federal Motor Carrier Safety Administration (FMCSA) rule changes. The new rule is necessary to move the issuance related information from repealed §15.59 into Subchapter B and clarify that learner, provisional and commercial driver license holders may perform transactions through alternative methods.
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, 2021.
TRD-202100667
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §15.34, concerning Renewal Period Prior to Expiration. This rule is adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9393). The rule will not be republished.
Minors who are eligible to apply for a provisional license may do so sixty (60) days prior to their 18th birthday. The current rule limits the applicant to a thirty day window for that transaction. The Driver License System (DLS) is programmed to allow the application sixty (60) days prior to their 18th birthday.
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, 2021.
TRD-202100668
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §15.59 concerning Alternative Methods for Driver License Transactions. This repeal is adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9394). The rule will not be republished.
This repeal is necessary to move the issuance related information in current §15.59 to new proposed §15.29 in Subchapter B and incorporate the exam related information from §15.59 into §15.62, concerning Additional Requirements in Subchapter C. These proposed simultaneous changes will replace §15.59.
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 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, 2021.
TRD-202100669
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §15.62, concerning Additional Requirements. This rule is adopted without changes to the proposed text as published in the December 25, 2020 issue of the Texas Register (45 TexReg 9394). The rule will not be republished.
The Impact Texas Drivers (ITD) program includes components for teens and young adults. The current rule references an adult component that is not being pursued and has been replaced by the teen component of the program. This amendment also adds examination related information from §15.59 that is being repealed.
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, 2021.
TRD-202100670
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
37 TAC §§29.1 - 29.3, 29.5, 29.21, 29.24, 29.27, 29.29, 29.30, 29.32, 29.33
The Texas Department of Public Safety (the department) adopts amendments to §§29.1 - 29.3, 29.5, 29.21, 29.24, 29.27, 29.29, 29.30, 29.32, 29.33, concerning Practice and Procedure. These rules are adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9395). The rules will not be republished.
These amendments are necessary to implement Senate Bill 616 enacted by the 86th Legislature, specifically changes regarding procedures for contested cases.
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 §2001.004 which authorizes state agencies to adopt rules of practice concerning contested cases.
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, 2021.
TRD-202100672
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §§29.4, 29.6 - 29.10, 29.12 - 29.19, 29.22, 29.23, 29.25, 29.26, 29.28, 29.34, and 29.201, concerning Practice and Procedure. These repeals are adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9398). The rules will not be republished.
These repeals are necessary to remove department procedural rules currently addressed by Texas Government Code, Chapter 2001, the Texas Rules of Civil Procedure or the administrative rules of the State Office of Administrative Hearings.
No comments were received regarding the adoption of this repeal.
This 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 Government Code, §2001.004 which authorizes state agencies to adopt rules of practice concerning contested cases.
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, 2021.
TRD-202100673
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) adopts new §§38.1 - 38.3, concerning General Provisions. These rules are adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9399). The rules will not be republished.
Section 421.084(a) of the Texas Government Code directs the department to adopt rules to govern the operations of fusion centers in this state, including the establishment of a common concept of operations to provide baseline standards to protect privacy, civil rights, civil liberties and promote consistency and interoperability between the fusion centers in the state. Sections 38.1, 38.2 and 38.3 define terms related to the operation of fusion centers, and provide a common concept for operations for fusion centers, including a required annual capabilities assessment.
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 Government Code, §421.084, which authorizes the department to adopt rules to govern the operations of the fusion centers in this state.
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, 2021.
TRD-202100674
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: March 8, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 424-5848