PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 21. EQUIPMENT AND VEHICLE SAFETY STANDARDS
The Texas Department of Public Safety (the department) proposes the repeal of §21.7, concerning Certification of Certain Vehicles. House Bill 3171 passed by the 86th Texas Legislature repealed §521.225 of the Texas Transportation Code which required the department to establish a procedure by rule for determining whether a vehicle was a moped and to compile a list of mopeds certified by the department. The repeal of §521.225 of the Texas Transportation Code has made §21.7 obsolete.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the repeal as proposed. There is no anticipated economic cost to individuals who are required to comply with the repeal as proposed. There is no anticipated negative impact on local employment.
In addition, Ms. Whittenton has also determined that for each year of the first five-year period the repeal is in effect, the public benefit will be effective implementation of legislation.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require an increase or decrease in future legislative appropriations to the agency; will not require the creation of new employee positions nor eliminate current employee positions; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does repeal existing regulations. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed repeal is in effect, the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Texas Department of Public Safety, Office of General Counsel, ATTN.: ML Calcote, P.O. Box 4087, MSC-0140, Austin, Texas 78773-0140. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made 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.
Texas Government Code, §411.004(3) and Texas Transportation Code, Chapter 662 are affected by this proposal.
§21.7.Certification of Certain Vehicles.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 16, 2020.
TRD-202004297
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: November 29, 2020
For further information, please call: (512) 424-5848