PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 10. IGNITION INTERLOCK DEVICE
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) adopts amendments to §10.4 and new §10.5 and §10.6, concerning General Provisions. These rules are adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1360). The rules will not be republished.
These rule changes implement Senate Bill 616, 86th Legislative Session. This bill authorizes the department to obtain fingerprints and to access and use criminal history record information that relates to those who hold or apply for authorization to act as vendors of ignition interlock devices. This authority requires the adoption of rules relating to disqualifying criminal offenses and the procedures for appeal of licensing actions based on criminal history determinations. Senate Bill 616 also requires adoption of procedures for the informal resolution of complaints against ignition interlock vendors.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.2476 which authorizes the department to adopt rules to administer the program; and Texas Government Code, Chapter 411, Subchapter Q and Subchapter R, which authorize the Public Safety Commission to adopt rules governing various regulatory programs, including the Ignition Interlock Device 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 April 24, 2020.
TRD-202001573
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
37 TAC §§10.11, 10.13, 10.14, 10.17
The Texas Department of Public Safety (the department) adopts amendments to §§10.11, 10.13, and 10.14 and new §10.17, concerning Vendor Authorization. Sections 10.11, 10.13, and 10.17 are adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1361) and will not be republished. Section 10.14 is adopted with changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1361) and will be republished.
These rule changes and new rule implement Senate Bill 616, 86th Legislative Session. This bill authorizes the department to obtain fingerprints and to access and use criminal history record information that relates to those who hold or apply for authorization to act as vendors of ignition interlock devices. This authority requires the adoption of rules relating to disqualifying criminal offenses and the procedures for appeal of licensing actions based on criminal history determinations. Senate Bill 616 also requires adoption of procedures for the informal resolution of complaints against ignition interlock vendors. Senate Bill 616 requires changes to the date of expiration, the adoption of procedures for the informal resolution of complaints against device vendors, and the development of a penalty schedule for violations of a law or rule relating to the vendor authorization.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.2476 which authorizes the department to adopt rules to administer the program; and Texas Government Code, Chapter 411, Subchapter Q and Subchapter R, which authorize the Public Safety Commission to adopt rules governing various regulatory programs, including the Ignition Interlock Device program.
§10.14.Reprimand, Suspension, or Revocation Of Vendor Authorization.
(a) The department may reprimand, suspend, or revoke an authorization if the vendor:
(1) Fails to submit the required reports to the department pursuant to §10.12 of this title (relating to Vendor Standards);
(2) Willfully or knowingly submits false, inaccurate, or incomplete information to the department;
(3) Violates any provision of §10.12 of this title;
(4) Fails to pay the annual inspection fee as provided in §10.15 of this title (relating to Inspections and Fees);
(5) Violates any law of this state relating to the conduct of business in this state;
(6) Is determined to be disqualified, or if a vendor's partner, shareholder, director or officer as described in §10.11 of this title (relating to Application; Renewal) is disqualified, under §10.6 of this title (relating to Disqualifying Offenses); or
(7) Otherwise violates the Act or this chapter.
(b) Prior to taking action against an authorization for a violation of subsection (a) of this section, the department will provide notice pursuant to §10.3 of this title (relating to Notice).
(c) The department's determination to revoke an authorization for any administrative, noncriminal history based violation may be based on the considerations described in paragraphs (1) - (6) of this subsection:
(1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2) The economic harm to property or the public caused by the violation;
(3) The effect of the violation on the efficient administration of the program;
(4) The history of previous violations, including any warnings or other attempts to gain compliance;
(5) Efforts to correct the violation; and
(6) Any other matter that justice may require.
(d) The revocation will become final on the thirtieth calendar day following the vendor's receipt of the notice of revocation, unless the vendor requests a hearing as outlined in §10.4 of this title (relating to Informal Hearings; Settlement Conference).
(e) The revocation proceeding may be dismissed, or the revocation may be probated, upon a showing of compliance.
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 April 24, 2020.
TRD-202001574
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §10.32, concerning Denial of Request for Approval; Revocation of Device Approval. This rule is adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1363). The rule will not be republished.
This rule change is a non-substantive change to the title of a cross-referenced rule. The latter rule's title is being changed as part of the department's implementation of Senate Bill 616, 86th Legislative Session.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.2476 which authorizes the department to adopt rules to administer the program; and Texas Government Code, Chapter 411, Subchapter Q and Subchapter R, which authorize the Public Safety Commission to adopt rules governing various regulatory programs, including the Ignition Interlock Device 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 April 24, 2020.
TRD-202001576
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
SUBCHAPTER A. VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION
37 TAC §§23.1, 23.3, 23.5, 23.6
The Texas Department of Public Safety (the department) adopts amendments to §§23.1, 23.3, 23.5, and 23.6, concerning Vehicle Inspection Station and Vehicle Inspector Certification. These rules are adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1364) and will not be republished.
These rule changes are in part necessary to implement Senate Bill 616, 86th Legislative Session, which amends Texas Transportation Code, Chapter 548. The adopted amendments in §23.5, concerning Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses, implement House Bill 1342, 86th Legislative Session, which amended Occupations Code, §§53.021, 53.022, and 53.023. The adopted amendments in §23.6, concerning Training, clarify the department's authority to provide online training for vehicle inspectors.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548; Texas Transportation Code, §548.410, which authorizes the Department of Public Safety to adopt rules establishing the expiration dates of inspector and station certificates; and Texas Transportation Code, §548.506 and §548.507, which authorizes the Public Safety Commission to adopt rules establishing fees for certification as a vehicle inspector, and as an inspection station, respectively.
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 April 24, 2020.
TRD-202001577
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §§23.12 - 23.14, concerning General Vehicle Inspection Station Requirements. These rules are adopted with changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1368). The rules will be republished.
The adopted amendment to §23.12, concerning Standards of Conduct, implements Senate Bill 711, 86th Legislative Session, which authorizes the Department of Public Safety to include vehicle safety recall information on the Vehicle Inspection Report. The rule requires the vehicle inspector to advise the vehicle owner or operator of the recall. The adopted amendment to §23.13, concerning Equipment Requirements for All Classes of Vehicle Inspection Stations, removes an unnecessary equipment requirement, and the adopted amendment to §23.14, concerning Vehicle Inspection Station Signage, clarifies that the requirement to post the station's hours of operation refers only to the hours vehicle inspections are offered.
The department accepted comments on the proposed amendments through March 30, 2020. Written comments relating to §23.12 were submitted by Laird Doran, on behalf of Gulf States Toyota, Inc.; Lori McMahon, on behalf of Toyota Motor North America; Karen Phillips, on behalf of Texas Automobile Dealers Association; Phil Elam, on behalf of Texas Recreational Vehicle Association; Scott Morrison, on behalf of National Autotech Inc.; Mark Bochnowski, on behalf of Lube n Go; Brandi Bird, on behalf of Texas State Inspection Association; Raul Leal, on behalf of Radiadores; Brian Newton, on behalf of Take 5 Oil Change, and State Senator Juan Hinojosa.
The substantive comments received and the department's responses are summarized below. Additional concerns were raised during the Vehicle Inspection Advisory Committee meeting on March 25, 2020, resulting in clarifying changes to the proposal. No comments were received on §23.13 or §23.14.
COMMENT:
Ms. Phillips, Ms. Bird, Mr. Bochnowski, Mr. Morrison, Mr. Newton, and Sen. Hinojosa raised the concern that the recall information may be complicated and that an inspector may not have the knowledge or expertise to review the details with a vehicle owner or operator. Mr. Elam raised a similar concern specifically relating to the inspection of recreational vehicles, indicating that few inspectors would be qualified to review with the vehicle owner or operator the details regarding recalls due to the complexity of the components used in the manufacturing of recreational vehicles. Mr. Leal is understood to have similar concerns, as his proposed language removes the relevant language.
RESPONSE:
The department agrees with these comments and is removing the requirement to review the details of the recall information with the vehicle owner or operator.
COMMENT:
Ms. Bird, Mr. Bochnowski, Mr. Morrison, and Mr. Newton raised the concern that the proposed language appears to require the inspector determine whether the recall related repairs have been completed. Mr. Leal is understood to have similar concerns, based on his proposed alternative language.
RESPONSE:
The department agrees with this comment, and is removing the language referring to repairs.
COMMENT:
Mr. Doran, Ms. McMahon, Ms. Philips, and Sen. Hinojosa raised the concern that the inspector may never have direct contact with the vehicle owner or operator, or that such contact may not be practical under certain circumstances.
RESPONSE:
The department agrees with this comment and is modifying the proposal to authorize the vehicle inspection station owner to delegate the responsibility to another employee. Under the amended proposal, the station owner will be responsible for ensuring compliance with the rule. In addition, the proposal is amended to apply only "where reasonably practical."
COMMENT:
Ms. Bird, Mr. Bochnowski, Mr. Leal, Mr. Morrison, and Mr. Newton asked that the proposal include a signature line on the vehicle inspection report for the customer to acknowledge the inspector's compliance with the requirements of the proposal. Ms. Bird and Mr. Newton also ask that the customer be required to sign this acknowledgment.
RESPONSE:
This content of the vehicle inspection report is outside the scope of the proposed rule amendment. No changes were made to the proposal based on these comments.
COMMENT:
Mr. Doran, Ms. Bird, Mr. Bochnowski, Mr. Morrison, Mr. Leal, and Mr. Newton requested the addition of language to clarify that the rule is not effective until the necessary software changes have been made to add the recall information to the vehicle inspection report.
RESPONSE:
The department agrees with this comment, and is modifying the proposal to state "If the vehicle inspection reports shows the vehicle being inspected to be subject to a safety recall to indicate that the rule would not be effective until the recall information was added to the vehicle inspection report.
COMMENT:
Mr. Elam suggested in lieu of the proposed rule the department provide written notice of the existence of a recall, and he provided proposed language for such notice. Mr. Doran and Ms. Phillips also provided proposed language to be included in the vehicle inspection report.
RESPONSE:
This content of the vehicle inspection report is outside the scope of the proposed rule amendment. No changes were made to the proposal based on this comment.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.
§23.12.Standards of Conduct.
(a) All vehicle inspection stations must record the inspection of all vehicles, whether the vehicle passed, failed, or was repaired, into the appropriate state vehicle inspection database using a department provided device at the time of that inspection.
(b) The DPS Training and Operations Manual for official vehicle inspection stations and certified vehicle inspectors must be the instruction and training guide for the operation of all vehicle inspection stations and certified vehicle inspectors. It will serve as procedure for all vehicle inspection station operations and inspections performed.
(c) Fleet and government vehicle inspection stations must not inspect vehicles owned by officers, employees, or the general public.
(d) A vehicle inspection station must have a certified and properly endorsed vehicle inspector to perform inspections in a prompt manner during posted business hours.
(e) No vehicle inspection station shall refuse to inspect a vehicle for which it is endorsed that is presented for inspection during the posted business hours.
(f) A certified vehicle inspector must conduct a complete and thorough inspection of every vehicle presented for an official inspection in accordance with this chapter and Texas Transportation Code, Chapter 548 (the Act), as authorized by the vehicle inspector's certification and by the vehicle inspection station's endorsement.
(g) A certified vehicle inspector must not use, nor be under the influence of, alcohol or drugs while on duty. Prescription drugs may be used when prescribed by a licensed physician, provided the inspector is not impaired while on duty.
(h) A certified vehicle inspector must inspect a vehicle presented for inspection within a reasonable time.
(i) A certified vehicle inspector must notify the department representative supervising the vehicle inspection station immediately if his driver license is suspended or revoked.
(j) A certified vehicle inspector must conduct each inspection in the approved inspection area of the vehicle inspection station location designated on the certificate of appointment. The road test may be conducted outside this area.
(k) The certified vehicle inspector must consult the vehicle owner or operator prior to making a repair or adjustment.
(l) Inspections may be performed by more than one certified vehicle inspector, but the inspector of record is responsible for ensuring the inspection is completed in accordance with the Act and this chapter.
(m) The certified vehicle inspector must not require a vehicle owner whose vehicle has been rejected to have repairs made at a specific garage.
(n) The certified vehicle inspector must maintain a clean and orderly appearance and be courteous in his contact with the public.
(o) Any services offered in conjunction with the vehicle inspection must be separately described and itemized on the invoice or receipt.
(p) At the conclusion of the inspection, the vehicle inspector must issue a signed vehicle inspection report to the owner or operator of the vehicle indicating whether the vehicle passed or failed.
(q) If the vehicle inspection report shows the vehicle being inspected to be subject to a safety recall, where reasonably practical, the inspector shall advise the vehicle owner or operator that the vehicle is subject to a recall and that further details can be obtained from the dealer or manufacturer. The vehicle inspection station owner may delegate this responsibility to another employee of the station but the station owner is responsible for ensuring compliance with this section.
§23.13.Equipment Requirements for All Classes of Vehicle Inspection Stations.
(a) All testing equipment must be approved by the department. All testing equipment must be installed and used in accordance with the manufacturer's and department's instructions. Equipment must be arranged and located at or near the approved inspection area and readily available for use.
(b) When equipment adjustments and calibrations are needed, the manufacturer's specifications and department's instructions must be followed. Defective equipment must not be used and the vehicle inspector or station must cease performing inspections until such equipment is replaced, recalibrated or repaired and returned to an operational status.
(c) To be certified as a vehicle inspection station, the station is required to possess and maintain, at a minimum, the equipment listed in paragraphs (1) - (7) of this subsection:
(1) a measured and marked brake test area which has been approved by the department, or an approved brake testing device;
(2) a measuring device clearly indicating measurements of 12 inches, 15 inches, 20 inches, 24 inches, 54 inches, 60 inches, 72 inches and 80 inches to measure reflector height, clearance lamps, side marker lamps and turn signal lamps on all vehicles, with the exception that the 80 inch measuring device requirement does not apply to motorcycle-only vehicle inspection stations;
(3) a gauge for measuring tire tread depth;
(4) a measuring device for checking brake pedal reserve clearance. This requirement does not apply to vehicle inspection stations with only a motorcycle endorsement;
(5) a department approved device for measuring the light transmission of sunscreening devices. This requirement does not apply to government inspection stations, or fleet inspection stations that have provided the department biennial written certification that the station has no vehicles equipped with a sunscreening device. This requirement does not apply to vehicle inspection stations with only a motorcycle and/or trailer endorsement; and
(6) a department approved device with required adapters for checking fuel cap pressure. The department requires vehicle inspection stations to obtain updated adapters as they become available from the manufacturer. A vehicle inspection station may not inspect a vehicle for which it does not have an approved adapter for that vehicle. This device is not required of government inspection stations or fleet inspection stations which have provided the department biennial written certification that the station has no vehicles meeting the criteria for checking gas cap pressure or that these vehicles will be inspected by a public inspection station capable of checking gas caps. This device is not required of motorcycle-only or trailer-only inspection stations and certain commercial inspection stations that only inspect vehicles powered by a fuel other than gasoline.
(d) To be certified as a non-emissions vehicle inspection station, the station must have:
(1) an approved and operational electronic station interface device;
(2) a printer and supplies necessary for printing a vehicle inspection report on 8 1/2 x 11 paper; and
(3) a telephone line, or internet connection for the electronic station interface device to be used during vehicle inspections either dedicated solely for use with the electronic device, or shared with other devices in a manner approved by the department.
(e) For vehicle emissions inspection station requirements, see Subchapter E of this chapter (relating to Vehicle Emissions Inspection and Maintenance Program).
§23.14.Vehicle Inspection Station Signage.
(a) Every public vehicle inspection station must display the official vehicle inspection station sign and inspection hours in a manner clearly visible to the public.
(b) The official vehicle inspection station sign remains the property of the department as a means of identification of the vehicle inspection station. The sign must be surrendered upon demand by the department.
(c) The department will issue only one official vehicle inspection station sign per public vehicle inspection station license issued. The sign must not be altered in any manner. Dissimilar signs may also be displayed.
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 April 24, 2020.
TRD-202001579
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §23.51 and §23.55, concerning Vehicle Emissions Inspection and Maintenance Program. These rules are adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1369) and will not be republished.
These rule amendments address changes to the vehicle emission test requirements that became effective January 1, 2020.
The adopted amendments remove references to vehicle emissions tailpipe tests, i.e., the Acceleration Simulation Mode (ASM) and Two-Speed Idle (TSI) tests, and the related equipment requirements. These tests, and the equipment necessary to conduct them, are no longer necessary as of January 1, 2020. On that date the vehicles for which these tests were necessary became exempt from the state's emission inspection requirements.
On January 1, 2020, model year 1995 vehicles became exempt from the state's emissions inspection requirements pursuant to Texas Health and Safety Code §382.203(a)(2) (exempting vehicles twenty five years old or older). In addition, pursuant to federal Environmental Protection Agency regulations, model year 1996 and newer vehicles are equipped with on-board diagnostics (OBD) systems that enable emissions tests using the vehicle's computer and which render tailpipe tests unnecessary. For these reasons the tailpipe tests and the equipment necessary to conduct them are no longer be necessary as of January 1, 2020.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.
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 April 24, 2020.
TRD-202001580
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §23.56, concerning Waiver for Low Volume Emissions Inspection Stations. This repeal is adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1372) and will not be republished.
This repeal addresses changes to the vehicle emission test requirements that became effective January 1, 2020.
Section 23.56 authorizes a waiver from the requirement that vehicle emissions inspection stations maintain the equipment necessary to conduct vehicle emissions tailpipe tests. These tests, and the equipment necessary to conduct them, are no longer necessary as of January 1, 2020. On that date, model year 1995 vehicles became exempt from the state's emissions inspection requirements pursuant to Texas Health and Safety Code, §382.203(a)(2) (exempting vehicles twenty five years old or older). In addition, pursuant to federal Environmental Protection Agency regulations, model year 1996 and newer vehicles are equipped with on-board diagnostics (OBD) systems that enable emissions tests using the vehicle's computer and which render tailpipe tests unnecessary. For these reasons the tailpipe tests and the equipment necessary to conduct them are no longer necessary as of January 1, 2020, and §23.56's waiver therefore is unnecessary.
No comments were received regarding the adoption of this repeal.
This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.
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 April 24, 2020.
TRD-202001582
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §23.62 and §23.63, concerning Violations and Administrative Penalties. These rules are adopted with changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1373) and will be republished. The department inadvertently struck "certificate" in the amended proposal of §23.63(a), is including the deleted text, and is striking a superfluous "or". Section 23.62 will not be republished. Section 23.63 will be republished.
The adopted amendments reflect Senate Bill 616's authorization for the adoption of procedures relating to the informal resolution of complaints against vehicle inspectors and inspection stations and the development of a penalty schedule for violations of a law or rule relating to the inspection of vehicles. The amendments also remove statutory references to Texas Transportation Code, §548.405 and §548.407, which were repealed by Senate Bill 616.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Government Code Chapter 411, Subchapters Q and R, which authorize the Public Safety Commission to adopt rules governing various regulatory programs, including that of the Vehicle Inspection program; and Texas Transportation Code, §548.002, which authorizes the Department of Public Safety to adopt rules to enforce Chapter 548.
§23.63.Informal Hearings; Settlement Conference.
(a) A person who receives notice of the department's intention to deny an application for an inspector certificate, to suspend or revoke an inspector certificate or to impose an administrative penalty under §23.62 of this title (relating to Violations and Penalty Schedule), may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Vehicle Inspection Program website within thirty (30) calendar days after receipt of notice of the department's proposed action. If a written request to appeal is not submitted within thirty (30) calendar days of the date notice was received, the right to an informal hearing or settlement conference, as applicable, or a hearing before the State Office of Administrative Hearings, is waived, and the action becomes final.
(b) If the action is based on the person's criminal history, a preliminary, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action, or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.
(c) If the proposed action is based on an administrative violation, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone, by agreement of the parties. Following the settlement conference, the parties will execute an agreed order, or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.
(d) The department's findings following a preliminary hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Vehicle Inspection Program website, within thirty (30) calendar days after receipt of the findings or determination. If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.
(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.
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 April 24, 2020.
TRD-202001584
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Public Safety (the department) adopts amendments to §36.1, concerning Definitions. This rule is adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1377). The rule will not be republished.
These rule changes clarify certain terms and enhance the department's regulatory oversight of the Metal Recycling Entities Program.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 24, 2020.
TRD-202001588
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §36.11, concerning Application for Certificate of Registration. This rule is adopted without changes to the proposed text as published in the February 28, 2020 issue of the Texas Register (45 TexReg 1378). The rule will not be republished.
These rule changes clarify certain terms and enhance the department's regulatory oversight of the Metal Recycling Entities Program.
No comments were received regarding the adoption of this rule.
This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 24, 2020.
TRD-202001592
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts amendments to §36.34 and §36.36, concerning Practice by Certificate Holders and Reporting Requirements. These rules are adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1379). The rules will not be republished.
These rule changes clarify certain terms and enhance the department's regulatory oversight of the Metal Recycling Entities Program.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 24, 2020.
TRD-202001596
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
37 TAC §§36.51, 36.53, 36.55 - 36.57
The Texas Department of Public Safety (the department) adopts amendments to §§36.51, 36.53, 36.55, 36.56, and new §36.57, concerning Disciplinary Procedures and Administrative Procedures. The rules are adopted with changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1380). A comma was added to §36.55(a). The title of §36.56 has been changed from Informal Hearings to Informal Hearing; Settlement Conference to better describe the new language added in this section. Sections 36.55 and 36.56 will be republished. The other rules will not be republished.
These rule changes are in part necessary to clarify the scope of the department's regulatory authority, and in part to implement Senate Bill 616, 86th Legislative Session. Senate Bill 616 requires the adoption of procedures for the informal resolution of complaints against metals recycling entities. In addition, changes to §36.55 implement House Bill 1342, 86th Legislative Session, which amended Occupations Code, §§53.021, 53.022, and 53.023. Other rule changes simplify the rules or enhance the department's regulatory oversight of the Metal Recycling Entities Program.
No comments were received regarding the adoption of these rules.
These rules are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.
§36.55.Disqualifying Offenses.
(a) Pursuant to Texas Occupations Code, §53.021(a)(1), the department may revoke a certificate of registration or deny an application for a certificate of registration if the applicant, the owner with a controlling interest in the business or, if applicable, the entity's on-site representative, has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of a metal recycling entity.
(b) The department has determined the types of offenses detailed in this subsection directly relate to the duties and responsibilities of metal recycling entities. A conviction for an offense within one (1) or more of the categories listed in paragraphs (1) - (9) of this subsection may result in the denial of an original or renewal application for a certificate of registration or the revocation of a certificate of registration. The Texas Penal Code references provided in this section are for illustrative purposes and are not intended to exclude similar offenses in other state or federal codes. The types of offenses directly related to the duties and responsibilities of metal recycling entities include, but are not limited to:
(1) Arson, Criminal Mischief, and other Property Damage or Destruction (Texas Penal Code, Chapter 28);
(2) Burglary and Criminal Trespass (Texas Penal Code, Chapter 30);
(3) Theft (Texas Penal Code, Chapter 31);
(4) Fraud (Texas Penal Code, Chapter 32);
(5) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36);
(6) Perjury and Other Falsification (Texas Penal Code, Chapter 37);
(7) Any violation of Texas Occupations Code, §1956.038 or §1956.040;
(8) Prohibited Weapon - Explosive Weapon (Texas Penal Code, §46.05(a)(1); and
(9) Component of Explosives (Texas Penal Code, §46.09).
(c) A felony conviction for one of the offenses listed in subsection (b) of this section, a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an offense listed in Texas Code of Criminal Procedure, Article 42.12, §3(g) or Article 42A.054, is disqualifying for ten (10) years from the date of the conviction.
(d) A misdemeanor conviction for one of the offenses listed in subsection (b) of this section or a substantially similar offense is disqualifying for five (5) years from the date of conviction.
(e) For the purposes of this chapter, all references to conviction are to those for which the judgment has become final.
(f) A person who is otherwise disqualified pursuant to the criteria in this section may submit documentation as detailed in paragraphs (1) - (8) of this subsection as evidence of his or her fitness to perform the duties and discharge the responsibilities of a metal recycling entity:
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's last criminal activity;
(4) the conduct and work activity of the person before and after the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;
(6) letters of recommendation;
(7) evidence the applicant has:
(A) maintained a record of steady employment;
(B) supported the applicant's dependents;
(C) maintained a record of good conduct; and
(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and
(8) any other evidence relevant to the person's fitness for the certification sought.
(g) The failure to provide the required documentation in a timely manner may result in the proposed action being taken against the application or license.
§36.56.Informal Hearing; Settlement Conference.
(a) A person who receives notice of the department's intention to deny an application for a certificate of registration, to reprimand, suspend or revoke a certificate of registration, to prohibit the registrant from paying cash for a purchase of regulated material pursuant to §1956.036(e) of the Act, or to impose an administrative penalty under §36.60 of this title (relating to Administrative Penalties), may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail, to the department in the manner provided on the department's metals recycling program website within thirty (30) calendar days after receipt of notice of the department's proposed action. If a written request to appeal is not submitted within thirty (30) calendar days of the date notice was received, the right to an informal hearing or settlement conference, as applicable, under this section or §36.57 of this title (relating to Hearings Before the State Office of Administrative Hearings) is waived and action becomes final.
(b) If the action is based on the person's criminal history, an informal, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action, or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.
(c) If the proposed action is based on an administrative violation, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone, by agreement of the parties. Following the settlement conference, the parties will execute an agreed order, or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.
(d) The department's findings resulting from the informal hearing, or its determination following a settlement conference, may be appealed as provided in §36.57 of this title. If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.
(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.
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 April 24, 2020.
TRD-202001599
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) adopts the repeal of §§36.57 - 36.59, concerning Disciplinary Procedures and Administrative Procedures. This repeal is adopted without changes to the proposed text as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1382). The rules will not be republished.
The repeal of these rules is adopted in conjunction with other amendments to the rules relating to hearings. The adopted amendments require the renumbering of the rules, and also provide the opportunity to repeal rules that are duplicative of other department-wide rules.
No comments were received regarding the adoption of this repeal.
This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1956.013, which authorizes the commission to adopt rules to administer Chapter 1956.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 24, 2020.
TRD-202001602
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Effective date: May 14, 2020
Proposal publication date: February 28, 2020
For further information, please call: (512) 424-5848