TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER C. EXAMINATION REQUIREMENTS

37 TAC §15.55

The Texas Department of Public Safety (the department) adopts amendments to §15.55, concerning Waiver of Knowledge and/or Skills Tests. This rule is adopted without changes to the proposed text as published in the June 23, 2023, issue of the Texas Register (48 TexReg 3398) and will not be republished.

The proposed rule amendment waives the knowledge and skills exams for an applicant that presents a non-commercial driver license that is valid or not expired over two years from another U.S. state, U.S. territory or province of Canada and reorganizes the rule for better readability.

No comments were received regarding the adoption of this rule.

This rule is adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code; and §521.1426.

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 August 25, 2023.

TRD-202303155

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: September 14, 2023

Proposal publication date: June 23, 2023

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


CHAPTER 23. VEHICLE INSPECTION

SUBCHAPTER F. VIOLATIONS AND ADMINISTRATIVE PENALTIES

37 TAC §23.62

The Texas Department of Public Safety (the department) adopts amendments to §23.62, concerning Violations and Penalty Schedule. This rule is adopted without changes to the proposed text as published in the June 23, 2023, issue of the Texas Register (48 TexReg 3399) and will not be republished.

The proposed rule amendments make various changes to the requirements relating to emissions inspections and the related conduct of inspectors and station owners and clarifies the department's authority to immediately suspend or revoke the certificate of an inspector or inspection station if the action is found to be necessary to prevent or remedy a threat to public health, safety, or welfare.

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, §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 August 25, 2023.

TRD-202303156

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: September 14, 2023

Proposal publication date: June 23, 2023

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


PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 443. CERTIFICATION CURRICULUM MANUAL

37 TAC §§443.1, 443.3, 443.5, 443.7, 443.9

The Texas Commission on Fire Protection (Commission) adopts proposed amendments to 37 Texas Administrative Code Chapter 443, Certification Manual, concerning the proposed amendments to §443.1, Approval by the Curriculum and Testing Committee; §443.3, Approval by the Texas Commission on Fire Protection; §443.5, Effective Date of New or Revised Curricula and Training Programs Required by Law or Rule; §443.7, Effective Date of New or Revised Curricula and Training Programs Which Are Voluntary; and §443.9, National Fire Protection Association Standard. The purpose of the adopted proposed amendments reflects the shift of responsibilities of the Curriculum Manual from the Fire Fighter Advisory Committee to the Curriculum and Testing Committee. Section 443.1, Approval by the Curriculum and Testing Committee, as published in the June 2, 2023, issue of the Texas Register (48 TexReg 2831) is adopted with change and will be republished. Changes reflect the shift of responsibility from the Fire Fighter Advisory Committee to the Curriculum and Testing Committee which was overlooked during publication. Section 443.3, Approval by the Texas Commission on Fire Protection, §443.5, Effective Date of New or Revised Curricula and Training Programs Required by Law or Rule, §443.7, Effective Date of New or Revised Curricula and Training Programs Which Are Voluntary, and §443.9, National Fire Protection Association Standard, are adopted without change as published in the June 2, 2023, issue of the Texas Register (48 TexReg 2831), and will not be republished.

No comments were received from the public regarding the adoption of the proposed amended sections.

The rules are adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for certification; and §419.0325, which authorizes the commission to obtain the criminal history record information for the individual seeking certification by the commission.

§443.1.Approval by the Curriculum and Testing Committee.

(a) All proposals for new or revised curricula and training programs must be submitted to the Curriculum and Testing Committee for approval.

(b) The Curriculum and Testing Committee may:

(1) submit proposals to a subcommittee formed of members of the Curriculum and Testing Committee for study and review before approval; or

(2) submit proposals to an advisory committee formed of members of the fire service who are recommended by the Curriculum and Testing Committee and appointed by the commission to report to the Fire Fighter Advisory Committee, for study and review before approval.

(c) All proposals approved by the Curriculum and Testing Committee shall be placed on the next Commission agenda for review and approval.

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 August 23, 2023.

TRD-202303118

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: September 12, 2023

Proposal publication date: June 2, 2023

For further information, please call: (512) 936-3841