TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 21. EQUIPMENT AND VEHICLE SAFETY STANDARDS

37 TAC §21.6

The Texas Department of Public Safety (the department) adopts amendments to §21.6, concerning Motorcycle Operator and Passengers Protective Headgear Minimum Safety Standards and Exemption for Motorcycle Protective Headgear. This rule is adopted without changes to the proposed text as published in the August 28, 2020, issue of the Texas Register (45 TexReg 6055) and will not be republished.

Senate Bill 616 passed by the 86th Texas Legislature moved the administration of the motorcycle operator training and safety program from the Department of Public Safety to the Texas Department of Licensing and Regulation (TDLR). This rule amendment changes references and removes language accordingly.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §662.009, which authorizes the designated state agency to adopt rules to administer Chapter 662.

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 October 16, 2020.

TRD-202004298

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 5, 2020

Proposal publication date: August 28, 2020

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


37 TAC §21.8

The Texas Department of Public Safety (the department) adopts the repeal of §21.8, concerning All Terrain Vehicle (ATV) Warning Flag. This repeal is adopted without changes to the proposed text as published in the August 28, 2020, issue of the Texas Register (45 TexReg 6057) and will not be republished.

Senate Bill 616 passed by the 86th Texas Legislature moved the administration of the motorcycle operator training and safety program from the Department of Public Safety to the Texas Department of Licensing and Regulation (TDLR). Rules for the program have been established by TDLR and are located at 16 TAC §99.100, concerning Off-Highway Vehicle Warning Flag thus making the department's rule obsolete.

No comments were received regarding the adoption of this repeal.

This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §662.009, which authorizes the designated state agency to adopt rules to administer Chapter 662.

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 October 16, 2020.

TRD-202004299

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 5, 2020

Proposal publication date: August 28, 2020

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


CHAPTER 31. STANDARDS FOR AN APPROVED MOTORCYCLE OPERATOR TRAINING COURSE

37 TAC §§31.1 - 31.12

The Texas Department of Public Safety (the department) adopts the repeal of §§31.1 - 31.12, concerning Standards for An Approved Motorcycle Operator Training Course. This repeal is adopted without changes to the proposed text as published in the August 28, 2020, issue of the Texas Register (45 TexReg 6057) and will not be republished.

Senate Bill 616 passed by the 86th Texas Legislature moved the administration of the motorcycle operator training and safety program from the Department of Public Safety to the Texas Department of Licensing and Regulation (TDLR). Rules for the program have been established by TDLR and are located at 16 TAC Chapter 98, concerning Motorcycle Operator Training and Safety, thus making the department's rules obsolete.

No comments were received regarding the adoption of this repeal.

This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §662.009, which authorizes the designated state agency to adopt rules to administer Chapter 662.

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 October 16, 2020.

TRD-202004300

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 5, 2020

Proposal publication date: August 28, 2020

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


CHAPTER 33. ALL-TERRAIN VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM

37 TAC §§33.1 - 33.5

The Texas Department of Public Safety (the department) adopts the repeal of §§33.1 - 33.5, concerning All-Terrain Vehicle Operator Education and Certification Program. This repeal is adopted without changes to the proposed text as published in the August 28, 2020, issue of the Texas Register (45 TexReg 6058) and will not be republished.

Senate Bill 616 passed by the 86th Texas Legislature moved the administration of the motorcycle operator training and safety program from the Department of Public Safety to the Texas Department of Licensing and Regulation (TDLR). Rules for the Motorcycle Operator Training Course oversight program have been established by TDLR and are located at 16 TAC Chapter 99, concerning Off-Highway Vehicle Operator Education and Certification Program thus making the department's rules obsolete.

No comments were received regarding the adoption of this repeal.

This repeal is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Transportation Code, §662.009, which authorizes the designated state agency to adopt rules to administer Chapter 662.

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 October 16, 2020.

TRD-202004301

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: November 5, 2020

Proposal publication date: August 28, 2020

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