TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter A, §60.10; Subchapter F, §60.82; Subchapter G, §60.101; Subchapter I, §§60.300, 60.304, 60.305, 60.307, 60.308, and 60.310; and Subchapter J, §§60.400 - 60.406, 60.408, and 60.409; adopts new rules at Subchapter H, §§60.200 - 60.204; and Subchapter I, §§60.301, 60.302, 60.309, 60.311, and 60.312; and adopts the repeal of existing rules at Subchapter H, §60.200; and Subchapter I, §60.306 and §60.311, regarding the Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the March 3, 2023, issue of the Texas Register (48 TexReg 1201). These rules will not be republished.

The Commission also adopts amendments to existing rules at 16 TAC Chapter 60, Subchapter H, regarding the Procedural Rules of the Commission and the Department, with changes to the title of Subchapter H as published in the March 3, 2023, issue of the Texas Register (48 TexReg 1201). The title of Subchapter H will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 60 implement Texas Occupations Code, Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department), and other laws applicable to the Commission and the Department.

The Chapter 60 rules are the procedural rules of the Commission and the Department. These rules apply to all of the agency's programs and to all license applicants and licensees, except where there is a conflict with the statutes and rules of a specific program.

The adopted rules update multiple subchapters and sections under Chapter 60 and are part of a larger effort to update the entire chapter. The adopted rules make substantive and clean-up changes to the agency's procedural rules and include changes resulting from staff and strategic planning, the required four-year rule review, and the Department's Sunset legislation.

Staff and Strategic Planning Changes

The adopted rules include changes suggested by the General Counsel's Office and suggested during past strategic planning sessions. The changes include updates to the rules regarding definitions and complaints; reorganization of existing rules; clean up changes in terminology; and editorial changes to "Commission," "Department," and "Executive Director" to use lower case terminology to be consistent with the statutes and consistent across the Chapter 60 rule subchapters.

Four-Year Rule Review Changes

The adopted rules also include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department conducted the required rule review of the rules under 16 TAC Chapter 60, and the Commission readopted the rule chapter in its entirety and in its current form. (Proposed Rule Review, 46 TexReg 2589, April 16, 2021. Adopted Rule Review, 46 TexReg 4701, July 30, 2021.)

In response to the Notice of Intent to Review that was published, the Department received public comments from six interested parties regarding Chapter 60, with one of these interested parties commenting on the complaint rule under Subchapter H. The interested party commented that the rules do not include timeframes for resolving complaints and that the complaint process takes too long. The Department did not propose any changes to the rules based on this public comment. Texas Occupations Code §51.252 states that the Department "shall maintain a system to promptly and efficiently act on complaints," and §51.2521 states that the Department "shall assign priorities and investigate complaints based on risk to the public of the conduct alleged in the complaint." There are internal processes and timeframes, priority of violations, case specific issues, and performance measures that affect the timing for complaint resolution. The Department did not include any timeframes for complaint resolution in the rules.

The adopted rules include changes identified by Department staff during the rule review process. The changes are reflected throughout the adopted rules and include updates to the rules regarding definitions, fees, complaints, contested cases, and mediation for contested cases. The changes also include clarifying the rules, using plain talk language, and making the same editorial changes to use lower case terminology.

Sunset Bill Statutory Changes

The adopted rules incorporate and reflect the changes made to Texas Occupations Code, Chapter 51, as a result of House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Department's Sunset legislation. HB 1560, Article 1, Sections 1.06, 1.07, and 1.08, amended and added provisions in Chapter 51 regarding complaints, specifically under §§51.251, 51.252, and 51.2521. The adopted rules under Subchapter H incorporate and reflect the amended and new statutory provisions regarding complaints.

The adopted rules are necessary to: update the terminology and definitions; align the dishonored payment processing fee with statutory requirements; add a statutory reference regarding negotiated rulemaking; add additional rules regarding complaints; update and reflect the current processes and procedures for contested cases; clarify the existing rules regarding mediation for contested cases; and reorganize and clean up existing rules where necessary. The Department expects to propose additional changes to Chapter 60 in the future in separate rulemakings.

SECTION-BY-SECTION SUMMARY

Subchapter A. General Provisions.

The adopted rules amend §60.10. Definitions. The adopted rules amend the terms and definitions to align with applicable statutes; to provide additional information and clarity; to designate the General Counsel or the General Counsel's designee as the "ADR Administrator"; to relocate certain provisions elsewhere in the rule chapter; to make various clean-up changes; and to make editorial changes to use lower case terminology. The adopted rules also remove unnecessary or unused terms and renumber the remaining terms as necessary.

Subchapter F. Fees.

The adopted rules amend §60.82. Dishonored Payment Device. The adopted rules change the title of the section to "Dishonored Payment Fee." The adopted rules lower the dishonored payment processing fee from $50 to $30 to align with Business and Commerce Code §3.506, Processing Fee by Holder of Payment Device, and with the Texas Comptroller Manual of Accounts regarding revenues and returned check fees. The adopted rules replace the definition of "payment device" under §60.10, which is being repealed, with an explanation of authorized forms or methods of payment and dishonored payments. The adopted rules restructure the existing rule; use plain talk language to improve readability and understanding; and make editorial changes to use lower case terminology.

Subchapter G. Rulemaking.

The adopted rules amend §60.101. Negotiated Rulemaking. The existing rule implements Texas Occupations Code §51.208, Negotiated Rulemaking and Alternative Dispute Resolution Procedures, as it relates to negotiated rulemaking. The adopted rules add the statutory reference for context and clarification that the statutory requirement has been implemented through this rule.

Subchapter H. Complaints; Inspections.

Subchapter H is amended to add additional rules regarding complaints. The adopted rules change the title of Subchapter H to "Complaints; Inspections" to reflect the scope of the subchapter. The adopted rules include a change to the title of Subchapter H as published in the proposed rules. The adopted rules reflect the correct title of Subchapter H.

The adopted rules repeal existing §60.200. Complaints. The repealed provisions are relocated to and replaced with new §60.200 and new §60.201.

The adopted rules add new §60.200. Notice to the Public Regarding Complaints. The new rule includes provisions that replace those found in existing §60.200, which is being repealed. The new rule requires a license holder to notify consumers and service recipients of the Department's name, address, phone number, and website address for purposes of filing complaints; specifies how and where this notification must be provided, unless stated otherwise in the program statutes or rules; and provides that information will be made available on the Department's website describing the procedures for filing complaints and for complaint investigation and resolution.

The adopted rules add new §60.201. Filing a Complaint. The new rule includes provisions that replace those found in existing §60.200, which is being repealed. The new rule explains the process and timing for filing a complaint against a person who is engaged in an activity or business regulated by the Department and the Department's handling of anonymous complaints.

The adopted rules add new §60.202. Investigation and Priority of Complaints. The new rule explains the Department's responsibilities regarding promptly and efficiently acting on complaints; assigning priorities and investigating complaints based on risk to the public; and dismissing complaints that are inappropriate or without merit.

The adopted rules add new §60.203. Cooperation with Investigation of Complaints. The new rule requires a person to cooperate in a Department investigation of a complaint and to make available all records, notices, and other documents requested by the Department. The new rule also lists prohibited actions in connection with a Department investigation.

The adopted rules add new §60.204. Status and Confidentiality of Complaints. The new rule addresses when the Department will provide the status of a complaint and the requirements on the Department to maintain confidentiality of certain complaints.

Subchapter I. Contested Cases.

Subchapter I is amended to reflect the current processes and procedures for contested cases. New rules are added, and existing rules are amended and reorganized, so that the rules set out the procedural steps in the contested case process. These rules are necessary to comply with Texas Government Code, Chapter 2001, and Texas Occupations Code, Chapter 51, Subchapters F and G.

The adopted rules amend existing §60.300. Purpose and Scope. The adopted rules make technical clean-up changes to the statutory references.

The adopted rules add new §60.301. Notice of Alleged Violation; Notice of Continued License Restrictions. The new rule is relocated in part from existing §60.306, which is being repealed. The new rule reflects the current processes and procedures with updates and clarifications for the notice of alleged violation and the notice of continued license restrictions, and it includes information on requesting a hearing.

The adopted rules add new §60.302. Notice of Proposed Denial. The new rule is relocated in part from existing §60.306, which is being repealed. The new rule reflects the current processes and procedures with updates and clarifications for the notice of proposed denial, and includes information on requesting a hearing.

The adopted rules amend existing §60.304. Disposition by Agreement. The adopted rules update the terminology for consistency purposes.

The adopted rules amend existing §60.305. Place and Nature of Hearings. The adopted rules change the title of the rule to "Contested Case Hearings at SOAH" to reflect the scope of the rule. The adopted rules provide references to SOAH's procedures and information about the Department's contested case hearings at SOAH.

The adopted rules repeal existing §60.306. Request for Hearing and Defaults. The provisions from this repealed rule have been separated into two new rules, §60.301 and §60.302, and relocated in the subchapter so they are in procedural order in the contested case process.

The adopted rules amend existing rule §60.307. Hearing Costs. The adopted rules change the title of the section to "Costs Associated with a Contested Case" to reflect the scope of the rule. The adopted rules clarify the existing provision under subsection (a), regarding costs associated with making the SOAH hearing record, and align the provision with SOAH rule 1 TAC §155.423. The adopted rules amend the existing provision under subsection (b), regarding costs associated with contested case transcripts, and align the provision with Texas Government Code §2001.059. The adopted rules add a new provision under new subsection (c) to address other possible costs associated with the contested case.

The adopted rules amend §60.308. Proposals for Decision. The adopted rules add new subsection (b) that reflects the current procedures for proposals for decision that are considered by the Commission during a Commission meeting. The adopted rules state that a party may only present the sworn testimony and the information provided during the SOAH hearing or admitted into the SOAH record.

The adopted rules add new §60.309. Motion for Rehearing. The new rule reflects the current processes and procedures for filing and handling a motion for rehearing, and it provides the requirements for the contents of the motion for rehearing.

The adopted rules amend existing §60.310. Final Orders. The adopted rules add a provision to address when a contested case decision or order is final under the Administrative Procedure Act (APA). The adopted rules also remove the provision regarding appeals and costs and relocate that provision to new §60.311.

The adopted rules add new §60.311. Appeal of Final Order. The new rule reflects the current processes and procedures for appealing a final decision or order in a contested case. The new rule provides that the appeal shall be filed and handled in accordance with the APA. The new rule also adds the provision regarding appeals and costs that is relocated from existing §60.310.

The adopted rules repeal existing §60.311. Corrected Orders. The repealed provision has been relocated to new §60.312.

The adopted rules add new §60.312. Corrected Orders. The new rule includes the provision from existing §60.311, which is being repealed.

Subchapter J. Mediation for Contested Cases.

Subchapter J is amended to clarify and make clean-up changes to the existing rules regarding mediation for contested cases. The existing rules in this subchapter implement Texas Occupations Code §51.208, Negotiated Rulemaking and Alternative Dispute Resolution Procedures, as it relates to alternative dispute resolution procedures for contested cases, and Texas Government Code Chapter 2009, Alternative Dispute Resolution for Use by Governmental Bodies.

The adopted rules amend existing §60.400. Alternative Dispute Resolution--Mediation. The adopted rules change the title of the section to "Alternative Dispute Resolution Procedures--Mediation" for clarification. The adopted rules add statutory references for context and clarification that the statutory requirements and provisions have been implemented through the rules in this subchapter. The adopted rules also add an explanation about alternative dispute resolution procedures and the use of mediation; separate the existing section into separate subsections to improve readability; update a cross-reference to Subchapter I; make clarifications and clean-up changes; and make an editorial change to use lower case terminology.

The adopted rules amend existing §60.401. Referral of Contested Matter for Mediation. The adopted rules make editorial changes to use lower case terminology.

The adopted rules amend existing §60.402. Appointment of Mediator. The adopted rules change the title of the section to "Appointment of Mediator; Mediator Costs" to reflect the scope of the rule. The adopted rules make clarifications and clean-up changes regarding the appointment of a mediator.

The adopted rules amend existing §60.403. Qualifications of Mediators. The adopted rules change the title of the section to "Qualifications, Standards, and Role of the Mediator" to reflect the scope of the rule. The adopted rules make clean-up changes; add a specific statutory reference regarding the mediation training; include information regarding the role of the mediator that has been relocated from the definition of mediator in §60.10; and add additional information regarding the role of the mediator that reflects the provisions in Texas Civil Practices and Remedies Code §154.053 and the SOAH guidelines on mediation.

The adopted rules amend existing §60.404. Disqualifications of Mediators. The adopted rules change the title of the section to "Disqualification of the Mediator." The adopted rules make an editorial change to use lower case terminology and make a clarification to the existing provisions.

The adopted rules amend existing §60.405. Qualified Immunity of the Mediator. The adopted rules make a technical correction to a statutory reference.

The adopted rules amend existing §60.406. Commencement of Mediation. The adopted rules make editorial changes to use lower case terminology; make clean-up changes to terminology; and include updated references to the notices discussed under Subchapter I.

The adopted rules amend existing §60.408. Agreements. The adopted rules make editorial changes to use lower case terminology.

The adopted rules amend existing §60.409. Confidentiality. The adopted rules make clarification changes to the existing provisions regarding the confidentiality of the mediation communications and documents.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the March 3, 2023, issue of the Texas Register (48 TexReg 1201). The public comment period closed on April 3, 2023. The Department received a comment from one interested party on the proposed rules.

The Department received a comment from the Texas Food & Fuel Association (TFFA) on the proposed rules regarding complaints, specifically new rules §60.200, §60.201, and §60.203. Each rule is addressed separately.

Comment: Regarding §60.200, TFFA raised concerns that a license holder is required to notify every consumer and service recipient of the Department's contact information, rather than only upon request; that the words "consumers" and "service recipients" are undefined and create ambiguity on when a license holder must comply; and that retailers, including convenience store and transportation fuel sales, should not be subject to §60.200(b)(1) or (3). TFFA suggested specific changes to the proposed rules, including adding definitions, creating separate notice requirements, exempting certain retailers from specific notice requirements, and using the same language that is used for posting certificates of registration.

Department Response: The Department disagrees with the comment and the suggested changes. New §60.200 includes provisions that have been relocated from current §60.200, Complaints, which is being repealed as part of this proposal. The current rule and the new rule are very similar in substance, and they both prescribe the notice requirements that are generally applicable to all Department programs.

First, the current rule and the new rule require that the Department's contact information be provided to consumers and service recipients for purposes of filing complaints. The only change in the new rule is the addition of the Department's website address in the contact information. This contact information must be provided to every consumer and service recipient for purposes of filing a complaint. The information is not provided only upon request. If a consumer or service recipient is not aware that a license holder is regulated, the person would not even know to ask for the Department's contact information.

Second, the current rule and the new rule do not define "consumer" or "service recipient." Both terms are used in Texas Occupations Code, Chapter 51, and neither term is defined in that statute or in the Chapter 60 rules. Definitions of "consumer" and "service recipient" are not needed as the terms are commonly used, are generally understood, and are not terms of art for purposes of these rules.

Any new definition would need to be generally applicable to all Department programs, unless specific program statutes or rules define the term otherwise. The suggested definitions for "consumer" and "service recipient" are too narrow and would not be applicable to all programs. The term "retail purchaser" is not used in Texas Occupations Code, Chapter 51 and is not necessarily applicable to all programs.

Third, the current rule and the new rule require the same three locations for the notification. The only change in the new rule is the clarification that the written contract or bill for services may be provided in paper or electronic form. The current rule and the new rule state that the notice requirements apply to all programs, unless stated otherwise in the program statutes or rules. The current rule and the new rule prescribe the default notice requirements. They apply unless a specific program's statute or rules address providing the Department's contact information to consumers for purposes of filing complaints. The current rule and the new rule also apply to the extent that a license holder provides written contracts for services, has a place of business where consumers and service recipients may visit to obtain services and products, and provides bills for services.

It is important to note that the requirement for posting the Department's contact information for complaint purposes is a separate requirement from a license holder posting its license or certificate of registration. The requirements for posting licenses or certificates of registration vary across programs, and they are not applicable to, or included in, these proposed rules.

The changes suggested by TFAA to new §60.200 are program-specific changes that are not appropriate to be included in the Chapter 60 rules that are generally applicable to all programs regulated by the Department. Program-specific notice provisions may be addressed in the individual program statutes or rules. The Department did not make any changes to new §60.200 as a result of the public comment.

Comment: Regarding §60.201, TFFA raised concerns that a complaint will be considered valid and may be investigated by the Department, regardless of how much time has passed. TFFA stated that it would be difficult for a license holder to effectively respond to a dated investigation and that there should be a defined timeline for filing complaints. TFFA commented that a two-year deadline for a retail complaint is too long and suggested a six-month deadline for filing a retail complaint.

Department Response: The Department disagrees with the comment and the suggested change. New §60.201 includes provisions that have been relocated from current §60.200, Complaints, which is being repealed as part of this proposal. The current rule and the new rule establish a two-year deadline for filing a complaint and provide discretion for investigating complaints that are filed after the two-year deadline. The new rule shifts the discretion from the Executive Director to the Director of Enforcement to investigate a complaint filed beyond the two-year deadline.

The current rule and the new rule allow the Department flexibility to consider the facts and the circumstances giving rise to a complaint being filed. While generally complaints older than two years are not opened, the new rule allows the Director of Enforcement to determine on a case-by-case basis that a complaint over two years old should be opened. Regarding the concern about a license holder having difficulty in responding to a dated investigation, that has not been the Department's experience. Records are often maintained for business reasons or as required by federal, state, or local laws and rules. The Department did not make any changes to new §60.201 as a result of the public comment.

Comment: Regarding §60.203, TFFA suggested a change to the requirement that a license holder provide all documents and records requested by the Department or its representative as part of the investigation of a complaint. TFFA suggested adding the word "pertinent" after the word "all" to clarify that the request for documents and records must be related to the complaint.

Department Response: The Department disagrees with the comment and the suggested change. Under new §60.203, a license holder is required to cooperate in an investigation of a complaint, which includes producing records and documents requested by the Department. All records that are required to be maintained are required to be made available upon request by the Department or its representative. During an investigation the Department will determine which records are pertinent to the complaint investigation based upon the records which are required to be maintained. The Department did not make any changes to new §60.203 as a result of the public comment.

COMMISSION ACTION

At its meeting on May 1, 2023, the Commission adopted the proposed rules, with changes to the title of Subchapter H, as published in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §60.10

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted rules are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301741

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


SUBCHAPTER F. FEES

16 TAC §60.82

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted rules are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301742

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


SUBCHAPTER G. RULEMAKING

16 TAC §60.101

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted rules are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301743

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


SUBCHAPTER H. COMPLAINT HANDLING

16 TAC §60.200

STATUTORY AUTHORITY

The adopted repeal is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted repeal is adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted repeal is those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted repeal is those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301752

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


SUBCHAPTER H. COMPLAINTS; INSPECTIONS

16 TAC §§60.200 - 60.204

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted rules are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301751

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


SUBCHAPTER I. CONTESTED CASES

16 TAC §§60.300 - 60.302, 60.304, 60.305, 60.307 - 60.312

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted rules are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301745

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


16 TAC §60.306, §60.311

STATUTORY AUTHORITY

The adopted repeals are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted repeals are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301753

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


SUBCHAPTER J. MEDIATION FOR CONTESTED CASES

16 TAC §§60.400 - 60.406, 60.408, 60.409

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department.

In addition, the adopted rules are adopted under the authority of other state laws that apply to state agencies. These laws include Texas Occupations Code, Chapters 53, 55 and 108 (Subchapter B); Texas Government Code, Chapters 411, 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).

In addition, the statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 53, 55, and 108 (Subchapter B); Texas Government Code, Chapters 411 (Subchapter F), 551, 552, 656 (Subchapter C), 661 (Subchapter A), 2001, 2005, 2008, 2009, and 2110; Civil Practice and Remedies Code, Chapter 154; and Family Code, Chapters 231 and 232. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301748

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: March 3, 2023

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


CHAPTER 84. DRIVER EDUCATION AND SAFETY

The Texas Department of Licensing and Regulation (Department) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.1 and §84.3; Subchapter B, §§84.31 - 84.33; Subchapter C, §84.47 and §84.48; Subchapter D, §84.50 and §84.52; Subchapter G, §§84.80, 84.84, and 84.85; Subchapter I, §§84.100, 84.101, 84.103; Subchapter L, §84.400; Subchapter M, §§84.500 - 84.502, and 84.504; Subchapter N, §84.600 and §84.601; new rules at Subchapter B, §84.30; Subchapter C, §§84.40 - 84.46; Subchapter E, §§84.60, 84.61, and 84.63; Subchapter G, §§84.81 - 84.83; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §84.300 and §84.301; and the repeal of existing rules at Subchapter A, §84.2; Subchapter B, §84.30; Subchapter C, §§84.40 - 84.46; Subchapter E, §§84.60 - 84.64; Subchapter F, §§84.70 - 84.72; Subchapter G, §§84.81 - 84.83; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §§84.300 - 84.302; Subchapter M, §§84.503, 84.505 - 84.507, regarding the Driver Education and Safety (DES) program, without changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 565). These rules will not be republished.

The Commission also adopts a new rule at 16 TAC Chapter 84, Subchapter A, §84.2, and amendments to an existing rule at 16 TAC Chapter 84, Subchapter D, §84.51, regarding the Driver Education and Safety program, with changes to the proposed text as published in the February 10, 2023, issue of the Texas Register (48 TexReg 565). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 84, implement House Bill (HB) 1560, Article 5, Regular Session (2021) and the Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.

The adopted rules, pursuant to HB 1560, include: (1) clarification of DES license types, licensing prerequisites, means of course instruction delivery, and program fees; and (2) implementing the recommendations of the DES Providers/Instructors Workgroup (Workgroup), consistent with HB 1560, relating to the qualifications, responsibilities, and functions of those licensees.

The adopted rules in this rulemaking represent the first phase of bill implementation associated with HB 1560. A second phase is being considered to address rule amendments relating to driver training curriculum and enforcement issues within the DES program.

House Bill 1560, Article 5, Driver Education

House Bill 1560, Article 5, Regular Session (2021) represented significant reorganization and modification in the Driver Education and Safety program in Chapter 1001, Education Code by: (1) repealing and replacing certain license types and endorsements associated with driver education, driving safety, specialized driving safety, and the drug and alcohol driving awareness program courses; (2) repealing selected administrative functions to promote greater simplicity and transparency for the Department and licensees; (3) amending and adding program fees and requirements related to the revised license types; and (4) authorizing the Commission to change minimum hours for driver education course instruction.

The Workgroup conducted four meetings to address the proposed changes to the DES program brought about by HB 1560, Article 5. The Workgroup review was limited to 16 TAC Chapter 84, Subchapters A through J and the adopted rules reflect their input.

SECTION-BY-SECTION SUMMARY

Subchapter A. General Provisions.

The adopted rules amend §84.1, Authority, by clarifying rule language.

The adopted rules add new §84.2, Definitions, which establishes the meaning of the words and terms employed throughout the rule chapter. The new rule replaces existing §84.2 to: (1) add definitions for "Branch Location", "Education Service Center", "Endorsement", "Instructional Hour", "Primary Driver Education Provider", and "Relevant Driver Training Entity"; (2) delete definitions rendered unnecessary due to the provisions of HB 1560, Article 5 for "Alternative Method of Instruction", "Certificate of Program Completion", "Change of Ownership of a School or Course Provider", "Clock Hour", "Criminal History Record Information", "DSY25", "Educational Objectives", "Inactive Course", "Instructor Development Course", "Instructor Development Program", "Instructor Trainer", "National Criminal History Record Information", "New Course", "Post Program Exam", "Pre Program Exam", "Primary School", "Specialized Driving Safety Course", and "Teaching Techniques"; (3) amend definition terminology provisions consistent with HB 1560, Article 5; (4) renumber provisions as needed; and (5) clarify rule language.

The adopted rules repeal existing §84.2, Definitions.

The adopted rules amend §84.3, Materials Adopted by Reference, by deleting references in subsections (d) and (e) to minimum requirements for course curriculum related to Specialized Driving Safety and the Drug and Alcohol Driving Awareness programs which are repealed by HB 1560, Article 5.

Subchapter B. Driver Training and Traffic Safety Advisory Committee

The adopted rules add new §84.30, Membership, which introduces changes in the number and composition of the DES advisory committee, consistent with HB 1560, Article 5. The new rule replaces existing §84.30 to: (1) reduce the number of members from eleven to nine; (2) remove member representation for the repealed drug and alcohol driving awareness program; and (3) reduce committee membership to one public member.

The adopted rules repeal existing §84.30, Membership.

The adopted rules amend §84.31, Duties, to clarify rule language.

The adopted rules amend §84.32, Terms; Vacancies, to clarify rule language.

The adopted rules amend §84.33, Officers, to clarify rule language.

Subchapter C. Driver Education Providers and Instructors.

The adopted rules amend the title of Subchapter C, "Driver Education Schools and Instructors" to read "Driver Education Providers and Instructors" to reflect the HB 1560, Article 5 change in terminology for "driver education providers" as indicated in Texas Education Code, §1001.001(6-b).

The adopted rules add new §84.40, Driver Education Provider Licensure Requirements, which introduces minimum prerequisites, consistent with the implementation of HB 1560, Article 5, for an applicant to obtain a DE provider license. The new rule replaces existing §84.40 to: (1) remove the tender of letters of credit and cash deposits as accepted alternate forms of security by DE providers in lieu of a corporate surety bond for initial licensure and renewals; (2) update rule terminology consistent with HB 1560, Article 5; (3) accept transfer of change of DE provider ownership requirements from existing §84.2(6), Definitions; (4) allow for refunds for those students unable to complete a course with a DE provider that has changed location; (5) eliminate the requirement for Department pre-approval on contract sites DE providers employ to conduct instruction at another location where a written agreement exists between the provider and authorized contract site representatives; (6) clarify ownership verification requirements in new subsection (c) for primary and branch provider location relating to new applications and change of ownership situations; (7) require licensed branch driver education locations to have a different physical address from the licensed primary provider location; (8) allow the Department to declare closure of a DE provider where the provider provides written notice of its intent to no longer deliver driver education training or education and returns all unissued DE certificates or numbers; and (9) clarify rule language.

The adopted rules repeal existing §84.40, Driver Education School Licensure Requirements.

The adopted rules add new §84.41, Driver Education Provider Responsibilities, which enumerates the duties and functions of licensed DE providers. The new rule replaces existing §84.41 to: (1) clarify the business responsibilities for online and in-person DE providers, consistent with HB 1560, Article 5; (2) transfer the duties in existing rule subsection (c) related to the care, security and issuance of driver education certificates of completion, and corporate security requirements for student data to new §84.43, Driver Education Certificates; (3) update rule terminology consistent with HB 1560, Article 5; (4) mandate DE provider compliance with §84.43 in the issuance of driver education certificates of completion; (5) require that each DE provider either be located in or maintain a registered agent within the state; and (6) clarify rule language.

The adopted rules repeal existing §84.41, Driver Education School Responsibilities.

The adopted rules add new §84.42, Motor Vehicles, which identifies the requirements for motor vehicles used by DE providers to conduct in-car instruction of students. The new rule replaces existing §84.42 to: (1) allow providers to use any motor vehicle equipped with special vehicle controls to conduct in-car instruction of a disabled student; (2) describe minimum equipment and insurance requirements for provider-owned motor vehicles used for demonstration or practice driving lessons; (3) update rule terminology consistent with HB 1560, Article 5; and (4) clarify rule language.

The adopted rules repeal existing §84.42, Motor Vehicles.

The adopted rules add new §84.43, Driver Education Certificates, which describes how relevant driver training entities care, control and issue driver education certificates of completion or certificate numbers. The new rule replaces existing §84.43 to: (1) clarify and separate the specific responsibilities for DE providers, and public and private schools, regarding the handling of driver education certificates of completion or certificate numbers; (2) combine certain DE provider responsibilities previously found in existing §84.41(c) relating to care, security and issuance of driver education certificates of completion, and corporate security requirements for student data for clarity and better organization within the rule chapter; (3) update rule terminology consistent with HB 1560, Article 5; and (4) clarify rule language.

The adopted rules repeal existing §84.43, Driver Education Certificates.

The adopted rules add new §84.44, Driver Education Instructor License, which identifies the requirements for an applicant to obtain a driver education instructor license. The new rule replaces existing §84.44 to: (1) eliminate the requirement for a high school diploma or equivalent for licensure in existing subsection (a)(1); (2) remove previous instructor endorsements with their qualifications and responsibilities; (3) require submission of a valid driver license record for the preceding three year period for instructor renewal; (4) reduce continuing education (CE) hour requirements for license renewal from four hours to two hours of instruction related to driving education, driving safety, and instructional techniques; (5) require applicant criminal history background checks for initial and renewal license applications; and (6) establish an auditing process to verify reporting of continuing education hours submitted by renewing licensees.

The adopted rules repeal existing §84.44, Driver Education Instructor License.

The adopted rules add new §84.45, Student Progress, which sets the requirements to assess student comprehension during driver education courses. The new rule replaces existing §84.45 to: (1) remove limitations on methods available to DE instructors and providers to assess successful completion and mastery of driver education course materials; (2) update rule terminology consistent with HB 1560, Article 5; and (3) clarify rule language.

The adopted rules repeal existing §84.45, Student Progress.

The adopted rules add new §84.46, Attendance and Makeup, which establishes minimum standards for DE provider recordation of student attendance. The new rule replaces existing §84.46 to: (1) increase the maximum daily limit of driver education training offered by providers to six hours per day; (2) increase the allocation of in-car instruction from three hours to four hours per day; (3) increase behind-the-wheel instruction from one hour to two hours per day out of a daily in-car instruction session; (4) repeal the requirement that DE providers develop a makeup policy for inclusion in enrollment contracts; (5) update rule terminology consistent with HB 1560, Article 5; and (6) clarify rule language.

The adopted rules repeal existing §84.46, Attendance and Makeup.

The adopted rules amend §84.47, Student Conduct Policy, to clarify rule language.

The adopted rules amend §84.48, Accommodations for Deaf or Hard of Hearing Students, to update rule terminology consistent with HB 1560, Article 5.

Subchapter D. Parent-Taught Driver Education.

The adopted rules amend §84.50, Parent-Taught Driver Education Program Requirements, by: (1) removing unnecessary language in existing subsection (b) already contained in Texas Education Code, §§1001.112(b)(2)-(4); (2) limiting parent taught driver education instruction to students to six hours a day, including not more than two hours of behind-the-wheel supervised practice; (3) updating rule terminology consistent with HB 1560, Article 5; and (4) clarifying rule language.

The adopted rules amend §84.51, Submission of Parent-Taught Course of Department Approval, to: (1) clarify the applicability of rules relevant to PTDE providers; and (2) update the section title.

The adopted rules amend §84.52, Cancellation of Department Approval, to update the name of the Department's instructor designation form in the rule.

Subchapter E. Driving Safety Providers.

The adopted rules amend the title of Subchapter E, "Driving Safety Schools, Course Providers and Instructors" to read "Driving Safety Providers" to reflect the HB 1560, Article 5 change in terminology for "driving safety provider" as indicated in Texas Education Code, §1001.001(13).

The adopted rules add new §84.60, Driving Safety Provider License Requirements, which details the prerequisites for an applicant to obtain a driving safety provider license. The new rule, consistent with HB 1560, Article 5, replaces existing §§84.60 and 84.62 to reflect the introduction of the new driving safety provider license type, and the repeal of the driving safety school license, respectively. The new rule replaces existing §84.60 to: (1) combine the functions of the previously separate course provider and driving safety school license types into one new license type (driving safety provider) to offer a driving safety course; (2) add bond amount requirements to original and renewal applications for a driving safety provider license; (3) add ownership verification, license renewal, provider relocation, provider closure, and existing provider acquisition requirements for the driving safety provider license type, and repeal such requirements for driving safety schools; (4) update rule terminology consistent with HB 1560, Article 5; and (5) clarify rule language.

The adopted rules repeal existing §84.60, Driving Safety School Licensure Requirements.

The adopted rules add new §84.61, Driving Safety Provider Responsibilities, which illustrates the required obligations for a licensed driving safety provider. The new rule replaces existing §84.61 by: (1) eliminating Department preapproval of locations for driving safety instruction courses, and the requirements associated with the driving safety instructor license type, due to its repeal by HB 1560, Article 5; (2) transferring the provider responsibilities, except those dealing with the now repealed driving safety school and instructor license types, to §84.63, Uniform Certificate of Course Completion for Driving Safety Course; (3) imposing an obligation upon driving safety providers to make all records available upon request to Department staff; (4) requiring providers to be located or maintain a registered agent within the state; (5) updating rule terminology consistent with HB 1560, Article 5; and (6) clarifying rule language.

The adopted rules repeal existing §84.61, Driving Safety School and Course Provider Responsibilities.

The adopted rules repeal existing §84.62, Course Provider License Requirements, which includes requirements that will instead be addressed in new §84.60, Driving Safety Provider License Requirements.

The adopted rules add new §84.63, Uniform Certificate of Course Completion for Driving Safety Course, which describes the responsibilities for driving safety providers regarding management of driving safety uniform certificates of course completion and certificate numbers. This new rule replaces existing §84.63 by: (1) eliminating driving safety course provider, school owner, and instructor responsibilities for uniform certificates for course completion for specific driving safety courses repealed by HB 1560, Article 5; (2) identifying requirements for driving safety providers relating to care, control, security and issuance of original and duplicate uniform certificates of course completion and certificate numbers; (3) updating rule terminology consistent with HB 1560, Article 5; and (4) clarifying rule language.

The adopted rules repeal existing §84.63, Uniform Certificate of Course Completion for Driving Safety or Specialized Driving Safety Course.

The adopted rules repeal existing §84.64, Driving Safety Instructor License Requirements, because the driving safety instructor license was repealed by HB 1560, Article 5.

Subchapter F. Drug and Alcohol Awareness Programs and Instructors.

The adopted rules repeal the Subchapter F title, "Drug and Alcohol Driving Awareness Programs and Instructors".

The adopted rules repeal existing §84.70, Drug and Alcohol Driving Awareness Program School Licensure Requirements, because the Drug and Alcohol Driving Awareness Program was repealed by HB 1560, Article 5.

The adopted rules repeal existing §84.71, School and Course Provider Responsibilities, because the Drug and Alcohol Driving Awareness Program was repealed by HB 1560, Article 5.

The adopted rules repeal existing §84.72, Instructor License Requirements, because the Drug and Alcohol Driving Awareness Program was repealed by HB 1560, Article 5.

Subchapter G. General Business Practices.

The adopted rules amend existing §84.80, Names and Advertising, by: (1) removing the Department pre-approval requirement for business advertising by new license applicants pending licensure; (2) updating rule terminology consistent with HB 1560, Article 5; and (3) clarifying rule language.

The adopted rules add new §84.81, Recordkeeping Requirements, which identifies student record management requirements for driver training providers. The new rule replaces existing §84.81 to: (1) allow licensees to maintain student records of the most recent 12 months of instruction at the provider's licensed location rather than the class instruction site; (2) clarify the type of required entries for driver education providers regarding classroom and in-car instruction student records, including retention, audit and inspection standards; (3) require driver training providers to electronically upload specific student enrollment, course completion, withdrawal and termination data to the Department within specified time periods; (4) identify the circumstances under which student records may be released by driver training providers; (5) eliminate recordkeeping requirements for driving safety schools, and drug and alcohol awareness schools, repealed by HB 1560, Article 5; (6) require DE providers to upload student certificate data to the Department as directed within 15 calendar days after issuance; (7) update rule terminology consistent with HB 1560, Article 5; and (8) clarify rule language.

The adopted rules repeal existing §84.81, Recordkeeping Requirements.

The adopted rules add new §84.82, Driver Training Provider Student Enrollment Contracts, which identifies the elements to be included on student enrollment contracts prior to the submission of payment to a provider. The new rule replaces existing §84.82 to: (1) identify the required enrollment provisions for student contracts with driver training providers; (2) eliminate the contract requirements for repealed drug and alcohol awareness and driving safety schools; (3) authorize group enrollment contracts for students enrolled in driving safety and adult driver education courses; (4) update rule terminology consistent with HB 1560, Article 5; and (5) clarify rule language.

The adopted rules repeal existing §84.82, Student Enrollment Contracts.

The adopted rules add new §84.83, Student Complaints, which identifies the Department policy regarding dispute resolution obligations for driver training providers. The new rule replaces existing §84.83 to: (1) remove repetitive grievance procedures already contained in §84.82; and (2) clarify policy relating to disputes between students and providers.

The adopted rules repeal existing §84.83, Student Complaints.

The adopted rules amend existing §84.84, Notification of Public Interest Information and Participation, by: (1) limiting the required notice of Department complaint filing information to student enrollment contracts, provider business locations, and websites; and (2) clarifying rule language.

The adopted rules amend existing §84.85, Statement of Assurance, by: (1) updating rule terminology consistent with HB 1560, Article 5; and (2) clarifying rule language.

Subchapter H. Facilities and Equipment for Driver Training Providers.

The adopted rules amend the title of Subchapter H, "Facilities and Equipment for Driver Education Schools, Driving Safety Schools and Drug and Alcohol Awareness Schools", to read "Facilities and Equipment for Driver Training Providers" to reflect the HB 1560, Article 5, changes in terminology for "driver education provider" as indicated in Texas Education Code, §1001.001(6-b) and the repeal of the license types for "driving safety schools" and "drug and alcohol awareness schools".

The adopted rules add new §84.90, Facilities and Equipment, which describes the necessary elements required for an in-person driver training provider location. The new rule replaces existing §84.90 by: (1) clarifying that such facilities must comply with local ordinances and state laws related to health and safety for students and instructors; (2) requiring that an appropriate amount of seating and writing facilities for the class size be available to students where applicable; (3) removing the requirements for driver training courses deregulated by HB 1560, Article 5; (4) updating rule terminology consistent with HB 1560, Article 5; and (5) clarifying rule language.

The adopted rules repeal existing §84.90, Facilities and Equipment.

Subchapter I. Inspections.

The adopted rules amend existing §84.100, Inspections - General, by clarifying rule language.

The adopted rules amend existing §84.101, Inspection of Driver Education Providers Before Operation, by clarifying rule language.

The adopted rules amend existing §84.103, by: (1) amending the rule title to read, "Driver Training Provider Audits"; and (2) updating rule terminology consistent with HB 1560, Article 5.

Subchapter J. Driver Training Provider Cancellation and Refund.

The adopted rules amend the title of Subchapter J, "Driver Education and Driving Safety School Cancellation and Refund", to read "Driver Training Provider Cancellation and Refund" to reflect the HB 1560, Article 5 changes in license type terminology and the deregulation of "driving safety schools".

The adopted rules add new §84.200, Cancellation and Refund Policy, which illustrates the student cancellation and refund policies applicable to driver training providers that cease operations, terminate course instruction, or have a student withdrawal from the course. The new rule replaces existing §84.200 by: (1) reducing the interest rate on unpaid refunds to 10% to provide consistency with the provisions relating to usury in Article 16, Section 11 of the Texas Constitution; (2) clarifying that an attempted student refund evidenced in the student file represents a good faith attempt to tender a refund rather than proof of certified mail to the student or student's parent; (3) removing driving safety schools from the cancellation and refund policy requirements due to the license type repeal by HB 1560; (4) updating rule terminology consistent with HB 1560, Article 5; and (5) clarifying rule language.

The adopted rules repeal existing §84.200, Cancellation and Refund Policy.

Subchapter K. Fees

The adopted rules add new §84.300, Driver Education Fees, which set the nonrefundable driver education provider fees for the DES program for the new license types established by HB 1560, Article 5 by: (1) establishing the initial license application fees for primary and branch driver education providers, where applicable, at $500 and license renewal at $300, with initial driver education provider license endorsements at $300 each with no cost for license renewal; (2) setting driver education initial instructor license fees at $50, with license renewal at $25; (3) keeping driver education completion certificate fees at $1; (4) updating rule terminology consistent with HB 1560, Article 5; (5) removing Department driver education course pre-approval fees; and (6) clarifying rule language.

The adopted rules repeal existing 84.300, Driver Education Fees.

The adopted rules add new §84.301, Driving Safety Fees, which set the nonrefundable driving safety provider fees for the new license type, Driving Safety Provider, established by HB 1560, Article 5 by: (1) establishing the initial license application fee for a driving safety provider at $500, and license renewal at $100; (2) keeping driving safety course completion certificate fees at $1; (3) removing driving safety course Department pre-approval fees; (4) updating rule terminology consistent with HB 1560, Article 5; and (5) clarifying rule language.

The adopted rules repeal existing 84.301, Driver Safety Fees.

The adopted rules repeal existing 84.302, Drug and Alcohol Driving Awareness Fees consistent with its repeal pursuant to HB 1560, Article 5.

Subchapter L. Complaints and Enforcement Provisions.

The adopted rules amend existing §84.400, Administrative Penalties and Sanctions, by removing a violation of an executive order issued by the Governor as a basis for the institution of proceedings by the Department to seek to impose administrative penalties and/or sanctions against a licensee. This change provides consistency with the statutory authority of the Department to administer and enforce the laws and rules of the DES program.

Subchapter M. Curriculum and Alternative Methods of Instruction.

The adopted rules amend existing §84.500 by: (1) amending the rule title to read, "Courses of Instruction for Driver Education Providers"; (2) updating rule terminology consistent with HB 1560, Article 5; (3) removing requirements for driver education instructor development courses and continuing education course approval, which were deregulated by HB 1560, Article 5; and (4) clarifying rule language.

The adopted rules amend existing §84.501, Driver Education Course Alternative Method of Instruction, by: (1) updating rule terminology consistent with HB 1560, Article 5; and (2) clarifying rule language.

The adopted rules amend existing §84.502, Driving Safety Courses of Instruction, by: (1) removing rule language relating to requirements for driving safety instructors and course providers, continuing education course creation, and instructor development and training, due to the repeal of the license type by HB 1560, Article 5; (2) updating rule terminology consistent with HB 1560, Article 5; and (3) clarifying rule language.

The adopted rules repeal existing §84.503, Specialized Driving Safety Courses of Instruction, which addresses courses that were repealed by HB 1560, Article 5.

The adopted rules amend existing §84.504, Driving Safety Course Alternative Delivery Method, by: (1) updating rule terminology consistent with HB 1560, Article 5; and (2) clarifying rule language.

The adopted rules repeal existing §84.505, Drug and Alcohol Driving Awareness Programs of Instruction, which addresses programs that were repealed by HB 1560, Article 5.

The adopted rules repeal existing §84.506, Drug and Alcohol Driving Awareness Programs Alternative Delivery Method, which addresses programs that were repealed by HB 1560, Article 5.

The adopted rules repeal existing §84.507, Driving Safety Course for Drivers Younger than 25 Years of Age, which addresses courses that were repealed by HB 1560, Article 5.

Subchapter N. Program Instruction for Public Schools, Education Service Centers, and Colleges or Universities Course Requirements.

The adopted rules amend existing §84.600, Program of Organized Instruction, by clarifying rule language.

The adopted rules amend existing §84.601, Additional Procedures for Student Certification and Transfers, by clarifying rule language.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the February 10, 2023, issue of the Texas Register (48 TexReg 565). The deadline for public comments was March 13, 2023. The Department received comments (some in multi-part form) from 15 interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment - Five commenters, three of whom also provided comment at the March 6, 2023, Commission Meeting and the April 6, 2023, Driver Training and Traffic Safety Advisory Committee Meeting, opposed the elimination of the Driver Training Course approval fees in current 16 TAC §§84.300(d)(1)-(d)(5) and 84.301(e)(1), as noted in the proposed rules. The main concerns included that such repeal of fees would result in a significant increase in the number of duplicate online driver education and traffic safety courses, also known as "clone courses", onto the Texas marketplace, thereby creating an unfair competitive advantage for some companies by flooding the market with such courses, sacrificing educational quality and motorist safety.

Commission Response - The Department disagrees with the commenters' concerns and notes that the repeal of certain Driver Education and Traffic Safety course fees in proposed 16 TAC §§84.300 and 84.301 were mandated by the provisions of House Bill (HB) 1560 adopted by the 87th Regular Legislature in 2021 and codified in Texas Education Code §1001.151(b). That law expressly mandates the universe of driver training fees that the Department may establish by rule. There is no legislative authorization to maintain a course approval fee for ADM and AMI Driver Training courses. The Department did not make any changes to the proposed rules in response to this comment.

Comment - Three commenters inquired as to the term "endorsement"found in proposed 16 TAC §84.300(b) in the form of multi-part questions as it related to the acquisition of a driver education provider (DEP) license including: (1) the origin and definition of the term, "endorsement"; (2) the Department's determination of its $300 fee; (3) the absence of a renewal fee for the endorsement; and (4) the reason for the limit to the number of endorsements per DEP license number.

Commission Response - In response to question (1), the "endorsement" model, as noted in proposed 16 TAC §84.300(b), was determined by the Department to best implement the requirements of Texas Education Code §1001.201(b), adopted from HB 1560.

The Department agrees with the commenters regarding a need for further clarification of the term "endorsement" and, therefore, proposes a definition added to 16 TAC §84.2 as follows: Endorsement - The delivery method by which a driver education course is delivered to the student, whether in-person, online or parent-taught.

In response to question (2), the Commission has broad authority to set reasonable and necessary fees sufficient to cover administrative costs, pursuant to Texas Occupations Code §51.202 and Texas Education Code §1001.151. After Department Staff financial analysis, the fee of $300 for the initial application fee for a driver education endorsement in proposed 16 TAC §84.300(b) was determined to be reasonable and necessary to cover the administrative costs for this program.

In response to question (3), there is no separate renewal fee for endorsements as financial analysis indicated no additional administrative costs that justified such a charge.

Noting question (4), the DEP license endorsement, as described in proposed 16 TAC §84.300(b), is a representation of the available methods of driver education course delivery pursuant to Texas Education Code §1001.201. There are three types of delivery authorized by statute: in-person, online or parent-taught driver education. Therefore, a DEP license applicant can obtain no more than three endorsements attached to a driver education provider license.

The changes made in the proposed rules are required due to the provisions of HB 1560. The Department, outside of the change made in response to question (1), did not make any changes to the proposed rules in response to the comments.

Comment - One commenter opposed the lowering of the driver education instructor eligibility requirements in proposed 16 TAC §84.44, characterizing it as unsafe for Texas motorists, resulting increased costs due to more damage to roadways, and will adversely impact DPS employee workload.

Commission Response - The Department disagrees with the commenter's concerns and notes that the proposed changes in proposed 16 TAC §84.44 related to the eligibility requirements for driver education instructors (DEI) is a result of the amendment to the eligibility requirements mandated by Texas Education Code §1001.2531 brought about by HB 1560. The Department is obligated to follow the directives of the Legislature. The Department notes that existing laws and rules as well as provisions within the proposed rules impose duties and requirements upon DEPs and DEIs to encourage adequate training and continuing education for instructors in necessary subject areas and instructional techniques to foster learning of the course material for instructors to present to prospective students, promoting safety on Texas roads. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One commenter requested that the definition for "contract site" found in proposed 16 TAC §84.2(5) include postsecondary schools for site locations.

Commission Response - The Department agrees with the commenter's concerns and amends 16 TAC §84.2(5) to read as follows: "Contract site--An accredited public or private secondary, or postsecondary school approved as a location for a driver education course of a licensed driver education provider."

Comment - Four commenters filed similar comments that included questioning the accuracy of the definitions for "DE-964" and "relevant driver training entity" in proposed 16 TAC §84.2; and the opposition for the Department's authority for amending recordkeeping requirements for DE providers in proposed 16 TAC §84.81(g).

Commission Response - The Department disagrees with the comments on the definitions for "DE-964" and "relevant driver training entity". Both definitions have been used in the industry for several years without incident and no substantive change was made to the previous form of these definitions.

The Department disagrees with the commenters and amends 16 TAC 84.81(g) to require DE providers to upload certificate data in a manner prescribed by the Department within 15 days after certificate issuance. The change is authorized pursuant to Texas Education Code §1001.055(a-2). The same process is currently being employed by driving safety providers within a five day period. It should be noted that Department Staff will provide further information and instruction at the upcoming informational summits regarding the data upload requirement in proposed 16 TAC §84.81(g). This requirement will not be mandatory for DE providers until 2024. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One commenter opposed the concept of informational summits to discuss the implementation of HB 1560 after the proposed rules are adopted.

Commission Response - The Department disagrees with the comment and notes that the rulemaking process is codified in Texas Government Code, Chapter 2001 and the Department has complied with the procedure. Interested parties, as part of the rulemaking process, are afforded ample opportunity to participate in rule drafting through the comment process, both oral and written, prior to adoption. The optional informational summits are a unique feature employed across programs in which the Department interacts with licensees to offer additional instruction and assistance during significant transition periods due to changes brought by bill implementation. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One commenter opposed inclusion of a reference to the "Texas Drivers Handbook" in proposed 16 TAC §84.600(i)(4).

Commission Response - The Department disagrees with this comment and notes that the Texas Department of Public Safety still publishes the "Texas Drivers Handbook". It is available online and is accessible to the public. The current rule anticipates the DE provider will afford access to the publication and simply direct the student to the DPS website and nothing more would be required. It is possible that the Department will consider an amendment in a subsequent rulemaking, if further clarification is necessary. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One commenter opposed the driver education instructor fee in proposed 16 TAC §84.300(c)(1) and the fee for the PTDE instructor designation service application in proposed 16 TAC §84.300(e)(5) as confusing and discriminatory against those persons who choose a PTDE course of instruction.

Commission Response - The Department disagrees with this comment and notes that the driver education instructor fee is based upon Texas Education Code §1001.151(c). The public school DE instructor fee exception in the proposed rule is rooted in statute. The proposed fee for the PTDE Instructor Designation Service Application (formerly, Parent Taught Driver Education Guide Form) is unchanged. This proposed rule amendment represented a name change to better reflect the services provided. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One commenter offered multiple comments including that: (1) the language in proposed 16 TAC §§84.40(e) and 84.60(e) should be identical; (2) a rule covering the transfer of ownership of a PTDE provider should be included in 16 TAC Chapter 84, Subchapter D; (3) the rule language in 16 TAC §84.600(i)(1) should be included in 16 TAC §84.500(b); and (4) a 14 year old non-hardship student should not be presented with the "For Learner License Only" portion of the DE-964 until age 15 since they could not take in-car instruction until reaching 15.

Commission Response - The Department notes that proposed 16 TAC §§84.40(e) and 84.60(e), while not identical in rule language, have the same requirements and does not think a change as suggested is necessary at this time. The Department agrees that it would be helpful to have proposed rule language governing the transfer of ownership of an existing PTDE provider and can address that issue in a future rulemaking. The Department disagrees with the suggestion that the rule language contained in 16 TAC §84.600(i)(1) be included in 16 TAC §84.500(b). There is no current confusion as to the applicability of these provisions and there was no change to either section in this rulemaking. The last comment regarding the provision of a DE-964 to a non-hardship 14 year old student was not contemplated in this rulemaking and, therefore, beyond the scope of this project at this time. The Department did not make any changes to the proposed rules in response to this comment.

Comment - One commenter offered multiple comments regarding PTDE providers that included a central concern that the statutory definitions for "driver education provider", "driver training provider", "online driver education provider", and "parent-taught driver education provider" may impose inapplicable obligations on a PTDE provider where those terms are used in the proposed rules. The commenter included, in example, several proposed rule sections in 16 TAC Chapter 84, Subchapters C, D, G and M where it alleged that some confusion could occur in applicability to PTDE providers.

Commission Response - The Department acknowledges the commenter's concerns but determines that no change to the proposed rules is needed at this time. The Department notes that the provisions in 16 TAC Chapter 84, Subchapter D are applicable solely to parent-taught driver education providers, however, it is not an exclusive list of requirements for such providers. Moreover, Texas Occupations Code §1001.2043 provides the regulatory boundaries applicable to the commenter's concerns and the Department continues to adhere to that and other applicable laws and rules relating to parent-taught education. It should be noted that the Department, in recognition of the commenter's concerns did make a change to 16 TAC §84.51(a) to clarify that PTDE providers are expected to adhere to applicable statutory provisions. This provision now reads in part: "If the curriculum and all materials meet or exceed the applicable minimum standards set forth in [§1001.112 of] the Code"... The Department may explore possible changes relating to PTDE providers in a future rulemaking.

Comment - One commenter inquired if proposed 16 TAC §84.63 eliminated the driving safety course provider and its responsibilities.

Commission Response - The Department disagrees with the comment and notes that HB 1560 repealed the driver safety school license type and combined the duties and responsibilities of the course provider and driving safety school entities into a single license type, driving safety provider. The provisions of 16 TAC §84.63 and all other applicable driving safety provisions are now assumed by the driving safety provider. Driving safety schools are no longer regulated by the Department. The Department did not make any changes to the proposed rules in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Driver Training and Traffic Safety Advisory Committee met on April 6, 2023 to discuss the proposed rules and the public comments received. The Driver Training and Traffic Safety Advisory Committee recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to §84.2 and §84.51 made in response to public comments and/or Department recommendations.

At its meeting on May 1, 2023, the Commission adopted the proposed rules with changes to §84.2 and §84.51 as recommended by the Advisory Board as explained in the Section-by-Section Summary.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §§84.1 - 84.3

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

§84.2.Definitions.

Words and terms defined in the Code have the same meaning when used in this chapter. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

(1) ADE-1317--The driver education certificate of completion confirming student completion of a department-approved driver education course exclusively for adults.

(2) Advertising--Any affirmative act, whether written or oral, designed to call public attention to a driver training provider or course in order to evoke a desire to patronize that driver training provider or course. This includes meta tags and search engines.

(3) Branch location--A licensed in-person driver education provider that has the same ownership and name as a licensed primary in-person driver education provider but has a different physical address from the primary provider.

(4) Code--Refers to Texas Education Code, Chapter 1001.

(5) Contract site--An accredited public or private secondary, or postsecondary school approved as a location for a driver education course of a licensed driver education provider.

(6) DE-964--The driver education certificate of completion confirming completion of an approved minor and adult driver education course.

(7) Education Service Center (ESC)--A public school district service organization of the Texas Education Agency governed by Texas Education Code, Chapter Eight.

(8) Endorsement - The method by which a driver education course is delivered to the student, whether in-person, online or parent-taught.

(9) Instructional Hour (also known as "Clock Hour"):

(A) Driver Education Provider Instructional Hour--55 minutes of instruction time in a 60-minute period for a driver education course. This includes classroom and in-car instruction time.

(B) Driving Safety Provider Instructional Hour--50 minutes of instruction in a 60-minute period for a driving safety course.

(10) Personal validation question--A question designed to establish the identity of the student by requiring an answer related to personal information such as a driver's license number, address, date of birth, or other similar information that is unique to the student.

(11) Primary driver education provider--The main business location for a licensed in-person driver education provider.

(12) Public or private school--A public or private secondary school accredited by the Texas Education Agency.

(13) Relevant driver training entity--Refers to a licensed driver education provider, exempt driver education school, public or private school, education service center, college or university.

(14) Uniform certificate of course completion--A document with a serial number purchased from the department that is printed, administered and supplied by driving safety providers for issuance to students confirming completion of an approved driving safety course, and that meets the requirements of Texas Transportation Code, Chapter 543, and Texas Code of Criminal Procedure, Article 45.051 or 45.0511. This term encompasses all parts of an original or duplicate uniform certificate of course completion.

(15) Validation question--A question designed to establish the student's participation in a course or program and comprehension of the materials by requiring the student to answer a question regarding a fact or concept taught in the course or program.

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 May 12, 2023.

TRD-202301740

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


16 TAC §84.2

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301761

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER B. DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE

16 TAC §84.30

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301762

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


16 TAC §§84.30 - 84.33

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301744

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER C. DRIVER EDUCATION SCHOOLS AND INSTRUCTORS

16 TAC §§84.40 - 84.46

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301763

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


16 TAC §§84.40 - 84.48

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301746

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER D. PARENT-TAUGHT DRIVER EDUCATION

16 TAC §§84.50 - 84.52

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

§84.51.Submission of Parent-Taught Course for Department Approval.

(a) If the curriculum and all materials meet or exceed the applicable minimum standards set forth in the Code, the department will approve the course. No more than 640 minutes of the required hours of classroom instruction delivered via multimedia may be counted.

(b) Notification of approval or denial will be sent to the requesting entity. Deficiencies will be noted in cases of denial. Any substantive change in course curriculum or materials will require submission for approval according to subsection (a).

(c) A written request is required within thirty (30) days if there is any change relating to an approved course, including contact information, company name, and course titles. Updated information will be included as soon as practical.

(d) The department will retain submitted materials according to the department's retention schedule.

(e) The department has authority to require course re-approval due to changes in parent-taught driver education curriculum requirements, state law, or administrative rules. The department will notify the parent-taught driver education course provider when re-approval is required. The course provider will have ninety (90) days from the date of notification to submit the requested information. Failure to adequately respond within the required time will result in cancellation of the course approval. The department will review the course material and make a determination as to adoption in a timely manner.

(f) A parent-taught driver education course submitted for department review may be denied upon finding:

(1) that the course does not meet the standards required under §1001.112 of the Code; or

(2) the materials used were not approved by the department.

(g) A notice of denial will be sent to requesting entity. The requesting entity will have ninety (90) days to correct the noted deficiencies. If the requesting entity fails to meet approval criteria, the course will be denied. If a course is denied by the department, the requesting entity must wait thirty (30) days before submitting a new parent-taught driver education course for approval by the department.

(h) Course identification. All parent-taught courses must display the parent-taught provider name and registration number assigned by the department on the entity's website and the registration page used by the student to pay any monies, provide any personal information, and enroll.

(i) A parent-taught course may accept students redirected from a website if the student is redirected to a webpage that clearly identifies the parent-taught provider and registration number offering the course. This information must be visible before and during the student registration and course payment processes.

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 May 12, 2023.

TRD-202301747

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER E. DRIVING SAFETY SCHOOLS, COURSE PROVIDERS AND INSTRUCTORS

16 TAC §§84.60 - 84.64

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301764

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER E. PROVIDERS

16 TAC §§84.60, 84.61, 84.63

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301749

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER F. DRUG AND ALCOHOL AWARENESS PROGRAMS AND INSTRUCTORS

16 TAC §§84.70 - 84.72

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301765

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER G. GENERAL BUSINESS PRACTICES

16 TAC §§84.80 - 84.85

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301750

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


16 TAC §§84.81 - 84.83

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301766

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


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

16 TAC §84.90

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301767

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER H. FACILITIES AND EQUIPMENT FOR DRIVER TRAINING PROVIDERS

16 TAC §84.90

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301754

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER I. INSPECTIONS

16 TAC §§84.100, 84.101, 84.103

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301755

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


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

16 TAC §84.200

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301768

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER J. DRIVER TRAINING PROVIDER CANCELLATION AND REFUND

16 TAC §84.200

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301756

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER K. FEES

16 TAC §§84.300 - 84.302

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301769

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


16 TAC §84.300, §84.301

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301757

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER L. COMPLAINTS AND ENFORCEMENT PROVISIONS

16 TAC §84.400

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301758

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

16 TAC §§84.500 - 84.502, 84.504

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301759

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


16 TAC §§84.503, 84.505 - 84.507

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted repeals.

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 May 12, 2023.

TRD-202301770

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750


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

16 TAC §84.600, §84.601

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, Texas Education Code, Chapters 29 and 1001, and Texas Transportation Code, Chapter 521. No other statutes, articles, or codes are affected by the adopted rules.

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

Filed with the Office of the Secretary of State on May 12, 2023.

TRD-202301760

Della Lindquist

Interim General Counsel

Texas Department of Licensing and Regulation

Effective date: June 1, 2023

Proposal publication date: February 10, 2023

For further information, please call: (512) 463-7750